Agenda
City Council
August 26, 2025
Regular Meeting - City Hall Council Chamber - 5:00 PM
16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.gov
PUBLIC PARTICIPATION NOTICE
In-person Attendance: The public may attend the City Council meetings in-person.
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Public Comments: Members of the public wanting to address the City Council, either during public comments or for a specific agenda item, or both, may do so by the following methods:
• In-Person
If you wish to make a statement, please complete a Speaker’s Card prior to the commencement of the Public Comments period of the meeting. Speaker’s Cards are located at the entrance. Give your completed card to a staff member and when your name is called, please go to the podium provided for the public. • E-mail: [email protected]
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All public comments are limited to a maximum of three (3) minutes unless an extension is granted. No action may be taken on items not on the agenda except as provided by law. All public comments will be recorded and rules of decorum and procedures for the conduct of City meetings will apply when addressing the City Council.
Any document distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk’s office during normal business hours at City Hall located at 16400 Colorado Ave., Paramount, CA 90723. In addition, such documents will be posted on the City’s website at www.paramountcity.gov/government/city-council/meeting-agendas-minutes/.
CALL TO ORDER: Mayor Peggy Lemons
PLEDGE OF ALLEGIANCE:
ROLL CALL OF
COUNCILMEMBERS:
Councilmember Isabel Aguayo
Councilmember Annette C. Delgadillo
Councilmember Vilma Cuellar Stallings
Vice Mayor Brenda Olmos
Mayor Peggy Lemons
Agenda August 26, 2025
Regular Meeting City Council Page 2
PRESENTATIONS
1. VIDEO END OF SUMMER EVENTS RECAP
CITY COUNCIL PUBLIC COMMENT UPDATES
PUBLIC COMMENTS
CONSENT CALENDAR
All items under the Consent Calendar may be enacted by one motion. Any item may be removed from the Consent Calendar and acted upon separately by the City Council.
2. APPROVAL ENCROACHMENT AGREEMENT WITH CHEVRON PIPELINE
RELATED TO THE WEST SANTA ANA BRANCH (WSAB)
BIKEWAY TRAIL (CITY PROJECT NO. 9932)
Recommended Action: Authorize the City Manager to execute the encroachment agreement between the City and Chevron Pipeline for the West Santa Ana Branch (WSAB) bikeway trail project in a form approved by the City Attorney.
3. APPROVAL ADDITIONAL APPROPRIATION FOR REPAIR AND
REPLACEMENT OF THE ART STATUES AT PARAMOUNT POND
AND CITY HALL MEMORIAL PLAZA
Recommended Action: Appropriate an additional $28,305 from the Art Fund for the necessary repairs and recasting of the damaged/stolen bronze statues by National Sculptors' Guild, for a total amount not to exceed $105,195.
4. APPROVAL AMENDMENT NO. 3 TO THE AGREEMENT WITH PSOMAS FOR
PROFESSIONAL ENVIRONMENTAL AND ENGINEERING
DESIGN SERVICES FOR THE WEST SANTA ANA BRANCH
(WSAB) BIKEWAY TRAIL - PHASE II PROJECT (CITY PROJECT
NO. 9932)
Recommended Action: Approve Amendment No. 3 to the
agreement with Psomas for an additional amount not to exceed $212,460 for engineering design services and authorize the Mayor to execute the Amendment.
NEW BUSINESS
5. ORAL REPORT VIRTUAL DEPUTY COMING SOON TO LAKEWOOD STATION
6. ORAL REPORT 2025 PARAMOUNT HOMELESS CENSUS
7. ORAL REPORT PRESENTATION ON THE NEW AQUAHAWK SYSTEM FOR
WATER CUSTOMERS
Agenda August 26, 2025
Regular Meeting City Council Page 3
8. APPROVAL PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF HAY TREE PROPERTY (APNS 7102-027-019 & 020) AND
CONVEYANCE OF ACCESS EASEMENT TO PARAMOUNT
GENERAL HOSPITAL
Recommended Action: Approve the attached purchase and sale agreement for the Hay Tree Property, including the access easement; and authorize the City Manager to make additional minor edits to the draft easement that do not increase the purchase price until it is finalized.
ENVIRONMENTAL SUSTAINABILITY NEW BUSINESS
NONE
COMMENTS/COMMITTEE REPORTS
• City Council
• Staff
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of Subdivision (D) of Government Code Section 54956.9 Name Of Case: In Re: National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-MD-2804.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of Subdivision (D) of Government Code Section 54956.9 Name Of Case: In Re: Purdue Pharma, L.P., Et al. U.S. Bankruptcy Court for the Southern District of New York, Case No. 19-23649 (SHL).
ADJOURNMENT
To a meeting on September 9, 2025 at 6:00 PM in the Council Chamber at City Hall, 16400 Colorado Ave., Paramount, CA
Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s office at (562) 220-2225 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Note: Physical hard copies of agenda items are on file in the City Clerk’s office and are available for public inspection during normal business hours. Materials related to an item on this Agenda submitted after distribution of the agenda packet are also available for public inspection during normal business hours in the City Clerk’s office. The office of the City Clerk is located at City Hall, 16400 Colorado Avenue, Paramount.
To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: August 26, 2025
SUBJECT: END OF SUMMER EVENTS RECAP
A video providing a recap of the City of Paramount’s end of summer events will be presented.
City Council Public Comment Updates
August 26, 2025
From the August 12th City Council Meeting:
Commenter Request/Issue/Concern Action/Comment
Todd Barber Expressed concern
regarding parking citations
he received and for what he
perceives as inconsistent
enforcement.
Public Safety staff contacted Mr.
Barber to explain the parking
violations and the hazards that
violations could pose to the
surrounding neighborhood. Staff
worked with him to come up with
alternative parking solutions on his
property that both met his needs
and prevented any additional
safety impacts.
Sobeida Filippi Requested update on
billboard sign design
approved 2 years ago for her
property. Asked for City help
bringing electricity to her
property.
The Planning and Building
Director followed up with Ms.
Filippi. She is her options on
whether to proceed with the
project. On September 3rd, the
Development Review Board will
consider Ms. Filippi’s application
for a one-year extension of the
approval.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: August 26, 2025
SUBJECT: ENCROACHMENT AGREEMENT WITH CHEVRON PIPELINE RELATED
TO THE WEST SANTA ANA BRANCH (WSAB) BIKEWAY TRAIL (CITY PROJECT NO. 9932)
BACKGROUND
For a number of years, the City has been pursuing funding to construct the West Santa Ana Branch (WSAB) Bikeway Class I bicycle and pedestrian trail along the railroad rightof-way that runs diagonally across the City. The project has been planned in phases, allowing the City to request funding from different sources and negotiate the various lease agreements in order to complete the approximate 2.3-mile trail that connects users from the Los Angeles River to the San Gabriel River through the cities of Paramount and Bellflower. Phase II Section 1 of this WSAB trail is currently in construction and City needs to complete an encroachment agreement with Chevron Pipeline given that pipelines exist along sections of the trail and the reconfigured parking lot area.
DISCUSSION
Phase I from Lakewood Boulevard to Somerset Boulevard has already been constructed.
The other three phases are as follows: Phase II will run from Somerset Boulevard to Rosecrans Avenue; Phase III will be from Rosecrans Avenue to Garfield Avenue; and Phase IV will be from Garfield Avenue to the Los Angeles River. Construction is currently underway for Phase II along the north side of Paramount Park. Since there are existing Chevron pipelines that traverse through a section of the construction area, an encroachment agreement was needed, which would allow the City to construct the WSAB trail and sections of the parking lot above the Chevron pipelines. The encroachment agreement highlights conditions that the City must follow to not interfere with existing Chevron operations, including access to their underground pipelines at all times.
Chevron recognizes the importance of this project and has concurrently been working with staff to prepare the encroachment agreement while being involved with construction activities. The draft agreement is attached for reference. Once the encroachment agreement is executed, the document will be submitted for County recording.
Agenda Report August 26, 2025
ENCROACHMENT AGREEMENT WITH CHEVRON PIPELINE Page 2
FISCAL IMPACT
There is no fiscal impact.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
Authorize the City Manager to execute the encroachment agreement between the City and Chevron Pipeline for the West Santa Ana Branch (WSAB) bikeway trail project in a form approved by the City Attorney.
Recorded at the request of and when recorded
return to:
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723-5012
Attn: City Clerk
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
ENCROACHMENT AGREEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
This ENCROACHMENT AGREEMENT (hereinafter “Agreement”) is entered into this ___ day of July 2025 (“Effective Date”), by and between Chevron Pipe Line Company, a Delaware corporation as operator for Chevron U.S.A Inc., whose business address is 601 S. Vail Avenue, Montebello, CA 90640 (hereinafter “Chevron”), and City of Paramount, a public body corporate and politic, whose mailing address is 16400 Paramount Boulevard, Paramount, CA 90723 (hereinafter “Landowner”).
WHEREAS, Chevron is the present owner of a right-of-way more particularly described in the grant dated April 5
th, 1927 and recorded May 24th
, 1927 in Book 6646, Page 279 of the Official Records in Los Angeles County, California, (hereinafter “Right-of-Way”); and WHEREAS, Landowner is currently the owner of the property underlying said Right-of-Way, more particularly described on Exhibit A attached hereto (hereinafter “Property”); and WHEREAS, Landowner desires permission to install and maintain a bike trail and parking lot with utility and irrigation crossings on the property and across the Chevron easement, within said Right-ofWay, more particularly described on Exhibit B attached hereto (hereinafter “Encroachment”); and WHEREAS, said Right-of-Way grant provides that Landowner shall not construct structures of any kind on said Right-of-Way, and furthermore, that Chevron’s present or prospective exercise of any of its rights shall not be impaired or interfered with in any manner without written permission from Chevron; and
WHEREAS, Chevron is willing to grant Landowner permission to construct and maintain the Encroachment, subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
1. Right to Construct Encroachment
Landowner shall have the right to construct and maintain the Encroachment as set forth above.
Landowner shall not modify or alter said Encroachment, except to perform regular maintenance DRAFT
Encroachment Agreement Form
- 2 -
or repairs that do not change the footprint or nature of the Encroachment, nor construct or permit additional encroachments on said Right-of-Way, without Chevron’s prior written approval. As used in this Agreement, encroachments include, but are not limited to, pits, wells, reservoirs, quarries, mines, foundations, dumps, mounds, buildings, structures, fences, or improvements of any kind.
2. No Interference with Chevron’s Use
Landowner shall not interfere with or obstruct Chevron’s use of said Right-of-Way or injure or interfere with any person or property on or about said Right-of-Way, except as set forth herein.
Landowner acknowledges that this Agreement shall in no way alter, amend, or terminate the rights and privileges of Chevron under said Right-of-Way.
3. Insurance
Landowner, or its contractors responsible for the construction of the Encroachment, shall maintain Commercial General Liability Insurance with minimum limits of $5,000,000 per occurrence, naming Chevron as Additional Insured, and Automobile insurance with minimum limits of $1,000,000 per occurrence, endorsed to include Chevron as Additional Insured. Both policies shall waive all rights of subrogation in favor of Chevron. Further, Landowner shall at all times maintain in effect Workers Compensation Insurance as required by law and said policy shall waive all rights of subrogation in favor of Chevron. Certificates indicating the required insurance of Landowner and its contractor will be provided to Chevron upon request. Landowner may fulfill these obligations through self-insurance or risk pool coverage.
4. Notification Prior to Excavations
As required by law, Landowner shall notify Underground Service Alert by calling ‘811’ and Chevron at (801) 539-7339 at least forty-eight (48) hours in advance of any excavation, which shall include digging, in the Right-of-Way and shall promptly and properly refill all excavations made by or for Landowner on said Right-of-Way. Landowner shall ascertain from Chevron, and Chevron shall plainly mark before any excavations are made and during all times that work is being performed, the exact location of all pipelines or other facilities which may be below the surface of the ground or otherwise not plainly visible. Landowner hereby accepts sole responsibility for so doing and shall be solely liable for all loss, damage, injury or death caused or contributed to by any lack of or improper marking, except to the extent caused by Chevron’s gross negligence or willful misconduct.
5. Indemnity
LANDOWNER AGREES TO DEFEND, INDEMNIFY AND HOLD CHEVRON, AND ITS AFFILIATES (AS USED IN THIS PARAGRAPH "AFFILIATES" MEANS
CHEVRON CORPORATION AND ANY COMPANY IN WHICH CHEVRON
CORPORATION OR CHEVRON PIPE LINE COMPANY NOW OWNS, DIRECTLY OR INDIRECTLY, AT LEAST A TWENTY-FIVE PERCENT (25%) OWNERSHIP
INTEREST, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS(HEREINAFTER "INDEMNITEE"), AND EACH OF
THEM, HARMLESS FROM AND AGAINST ALL LIABILITY OR CLAIMS THEREOF
FOR LOSS OF OR DAMAGE TO PROPERTY TO WHOMEVER BELONGING (INCLUDING, BUT NOT LIMITED TO, INDEMNITEE'S PIPELINES), OR INJURY
TO OR DEATH OF ANY PERSON (INCLUDING AN EMPLOYEE OF LANDOWNER
OR INDEMNITEE), FOR LOSS OR DAMAGE ARISING FROM ATTACHMENTS,
LIENS OR CLAIMS OF MATERIALMEN OR LABORERS, OR FOR
ENVIRONMENTAL DAMAGE, INCLUDING ALL CLAIMS AND REASONABLE Encroachment Agreement Form
- 3 -
ATTORNEYS' FEES RELATING TO ANY OF THE FOREGOING, RESULTING FROM THE EXERCISE OF THE RIGHTS HEREIN GRANTED. SUCH INDEMNITY
SHALL APPLY WHETHER OR NOT INDEMNITEE WAS OR IS CLAIMED TO BE
PASSIVELY, CONCURRENTLY OR ACTIVELY NEGLIGENT, AND REGARDLESS
OF WHETHER LIABILITY WITHOUT FAULT IS IMPOSED OR SOUGHT TO BE IMPOSED ON INDEMNITEE. THIS INDEMNITY SHALL NOT APPLY WHERE
SUCH LOSS, DAMAGE, INJURY, LIABILITY OR CLAIM IS THE RESULT OF THE GROSSNEGLIGENCE OR WILLFUL MISCONDUCT OF INDEMNITEE.
6. Relocation of Encroachment
At such times as, in the opinion of Chevron, said Encroachment interferes with Chevron’s use of or operations upon said Right-of-Way, Landowner shall, at its own risk and expense, within sixty (60) days after written request by Chevron, relocate the portion of said Encroachment that is interfering with Chevron’s use or operations and shall restore said Right-of-Way as nearly as possible to the same state and condition it was in prior to the construction and relocation of said Encroachment.
7. Chevron’s Right to Access Property
Chevron agrees that, when practical, it will give Landowner reasonable advance notice of any contemplated operation or activity that could reasonably be expected to damage the Encroachment. Chevron, or any of its affiliates as defined in Section 5 hereof, may, in pursuing its rights under its Right-of-Way Agreement, damage said Encroachment. If said Encroachment is damaged, Landowner shall, at Landowner’s sole cost and expense, be responsible for the replacement of the improvements that were removed or damaged by Chevron, but shall not be obligated to replace them, and Chevron shall not be required to pay any damages to Landowner.
8. Agreement Runs with the Land
This Agreement shall run with the land and be binding on all future Property owners. Prior to a sale, lease, or license by Landowner of all or a portion of the fee Property underlying said Rightof-Way, Landowner shall notify Chevron of Landowner’s intent to transfer said Property in accordance with the notice provisions in Section 14.
9. Dispute Resolution
If any dispute arises out of or in relation to this Agreement and if the dispute cannot be settled by direct negotiations, either party may initiate mediation. If the parties fail to settle the dispute within thirty (30) days of notice of mediation, either party may initiate binding arbitration, and the following provisions shall apply to the arbitration proceedings: (1) the place of arbitration will be Los Angeles, California; (2) there shall be one arbitrator; (3) the arbitrator will conduct the proceedings in accordance with The International Institute for Conflict Prevention and Resolution (“CPR”) Rules and CPR is the appointing authority; (4) the arbitrator does not have the power to award, nor shall the arbitrator award, any punitive, indirect or consequential damages (however denominated); (5) each party will bear its own costs of legal representation and witness expenses; (6) the arbitrator must render a reasoned award in writing and the award is final and binding; and (7) the arbitration award must be issued within three (3) months from completion of the hearing, or as soon as possible thereafter.
Encroachment Agreement Form
- 4 -
10. Conflicts of Interest
Conflicts of interest relating to this Agreement are strictly prohibited. Except as otherwise expressly provided in this Agreement, no officer, director, employee, partner or agent of either party shall give to or receive from any director, employee or agent of the other party any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Without prior notice to the other party, no officer, director, employee, partner or agent shall enter into any business relationship with any officer, director, employee, partner or agent of the other party.
During the term of the Agreement and for two years after termination of the Agreement, any representatives authorized by either party may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this provision.
The provisions of this Section shall survive termination of this Agreement.
11. Amendments in Writing
This Agreement may only be amended by a writing specifically referencing this Agreement and signed by both Landowner and Chevron or their successors, legal representatives, assignees or transferees.
12. Termination of Agreement
(a) Upon the violation by Landowner of any of the terms and conditions set forth herein and the failure to remedy the same within thirty (30) days after written notice from Chevron to do so, then, at the option of Chevron, this Agreement and the rights herein granted to Landowner shall terminate.
(b) Chevron or Landowner may terminate this Agreement by giving the other party written notice of termination, not less than sixty (60) days prior to a designated termination date.
Upon the termination of the rights herein granted, Landowner shall at its own risk and expense remove said Encroachment and restore said Right-of-Way as nearly as possible to the same state and condition it was in prior to any construction of said Encroachment. If Landowner should fail to do so within sixty (60) days after such termination, Chevron may do so at the risk of Landowner, and all cost and expense of such removal and the restoration of said Right-of-Way as aforesaid shall be paid by Landowner upon demand. Further, in case of a legal proceeding to enforce or collect the same, Landowner also agrees to pay Chevron reasonable attorneys’ fees to be fixed and allowed by the court.
13. Chevron’s Interest Recognized
Landowner hereby recognizes Chevron’s interest in said Right-of-Way.
14. Notices
All notices and other communications required under this Agreement shall be in writing, and delivered personally or sent certified mail to the party set forth below:
Chevron Pipe Line Company
Attn: Land Representative
601 S. Vail Avenue
Montebello, CA 90640
City of Paramount
Attn: City Manager
16400 Colorado Avenue
Paramount, CA 90723
Encroachment Agreement Form
- 5 -
Notice will be deemed effective when received. Any change in address may be accomplished by delivery of notice in compliance with this Section.
15. Subject to other Agreements
This Agreement is made subject to all valid and existing licenses, leases, grants, exceptions, reservations and conditions affecting said Right-of-Way as of the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated below, but have agreed that it shall be effective as of the Effective Date first set forth above. [Signature Pages Follow]
Encroachment Agreement Form
- 6 -
CHEVRON SIGNATURE PAGE
CHEVRON PIPE LINE COMPANY, a Delaware Corporation
By: ___________________________
Name: ___________________________
Title: ___________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF __________ )
On _____________________________, before me, ____________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public Signature
Encroachment Agreement Form
- 7 -
CITY OF PARAMOUNT
CITY OF PARAMOUNT, a public body corporate and politic
By: ___________________________
Name: ___________________________
Title: ___________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF __________ )
On _____________________________, before me, ____________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public Signature
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/a87b3a2f-b3e9-4b43-a13d95bc65621ca6/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_567.psomas.egnyte.com/2PAR020100-Legal DescriptionChevron Easement Encroachment-Multi-Use Trail--Exhibit A.docx 7/11/2025
DRH:CJS Sheet 1 of 2
1 EXHIBIT A
2 LEGAL DESCRIPTION
3 MULTI-USE TRAIL
4 A strip of land, varying in width, situated in the City of Paramount, County of Los Angeles, State 5 of California, being a portion of Lots 1, 2, and 3 in Block 7 of the California Cooperative Colony 6 Tract as conveyed in deed recorded December 30, 1998, as Instrument No. 98-2370659, of 7 Official Records of Said County, being more particularly described as follows:
8 9 Beginning at the intersection of the east line of Paramount Boulevard, 100 feet wide, as shown in 10 said Tract, with the southwesterly line of the Pacific Electric Railway Right of Way; thence 11 southeasterly along said southwesterly Right of Way, South 58˚21’08” East 950.85 feet to the 12 beginning of a non-tangent curve, concave southwesterly, having a radius of 162.57 feet, and to 13 which beginning a radial line bears South 50˚48’06” West; thence southeasterly along said curve, 14 an arc distance of 1.41 feet, through a central angle of 0˚29’51” to the beginning of a reverse 15 non-tangent curve, concave northeasterly, having a radius of 132.76 feet and to which beginning 16 a radial line bears North 51˚20’06” East; thence southeasterly along said curve, an arc distance of 17 46.42 feet, through a central angle of 20˚02’03”; thence South 58˚46’49” East, 212.29 feet to the 18 beginning of a curve, concave southwesterly and having a radius of 107.00 feet; thence 19 southeasterly along said curve an arc distance of 50.55 feet, through a central angle of 27˚04’14”; 20 to a point of cusp lying on the southwesterly line of the easement granted to the Los Angeles Gas 21 and Electric Corporation recorded April 6, 1927 in Book 6646, Page 279 of Official Records of 22 said County; Said southwesterly line lying distant 18.00 feet southwesterly and parallel with the 23 Pacific Electric Railway Company Right of Way; thence westerly along said southwesterly line, 24 North 58˚21’08” West 307.83 feet to the beginning of a non-tangent curve, concave 25 northeasterly, having a radius of 150.00 feet to which beginning a radial line bears 26 North 49˚30’29” East; thence along said curve, an arc distance of 11.35 feet, through a central 27 angle of 4˚20’05” to the beginning of a reverse curve, concave southwesterly and having a radius 28 of 150.00 feet; thence along said curve, an arc distance of 58.11 feet, through a central angle of 29 22˚11’42” to a line parallel with and lying distant 3.00 feet southwesterly of the southwesterly 30 line of said Pacific Electric Railway Right of Way; thence along said parallel line, https://us-partner-integrations.egnyte.com/msoffice/wopi/files/a87b3a2f-b3e9-4b43-a13d95bc65621ca6/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_567.psomas.egnyte.com/2PAR020100-Legal DescriptionChevron Easement Encroachment-Multi-Use Trail--Exhibit A.docx 7/11/2025
DRH:CJS Sheet 2 of 2
1 North 58˚21’08” West, 881.76 feet to the east line of said Paramount Boulevard; thence northerly 2 along said east line, North 00˚13’53” West, 3.53 feet, to the Point of Beginning. 3 4 Contains 6,397 square feet (0.147 acres) more or less. 5 6 This legal description is delineated on accompanying “Exhibit B”, is made a part hereof for 7 reference purposes, and is not intended to be used in the conveyance of land in violation of the 8 Subdivision Map Act of the State of California.
9 10 Prepared under the direction of
11 12
13 _______________________________ _______________
14 Daniel L. Rahe, PLS 9425 Date
15 PSOMAS
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 7/11/2025
EXHIBIT B
ENCROACHMENT SITE PLAN
Directory Path: \\pprod.psomas.corp\panzuraprojects\OC_Projects\2par020100\TRANSP\SHEET\RD-01.dwg, Date: 10/29/24 PROFILE SCALE HORIZ. 1" = 20' VERT. 1" = 2' DESIGNED BY : CHECKED BY : DRAWN BY : DESCRIPTION REVISIONS NO. APP. DATE SHT. OF PLAN NO. SHTS DIAL: 811 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT DIAL/LOG-ON www.digalert.org BEFORE YOU DIG 2 WORKING DAYS BEFORE YOU DIG CITY OF PARAMOUNT BGP BGP AN Know what'sbelow. Callbefore you dig. ® WEST SANTA ANA BRANCH MULTI-USE TRAIL ARIEF NAFTALI, P.E. NO. 64286 DATE UNDER THE SUPERVISION OF 5 HUTTON CENTRE DRIVE, SUITE 300 SANTA ANA, CA 92707 (714) 751-7373 WWW.PSOMAS.COM 0' GRAPHIC SCALE Note: For reduced sized prints, original scale is in inches 20' 10' 20' 40'
REG ISTERED
PROFES IONAL ENG INEER
A R I E
F
N
A
F T A L INo. 64286 C I V I L
STATE
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CA
L I FORN IA 78 10/31/2024 ELEV. QUAD. BENCH MARK: DATE ADJ. NO. Y7773 BELFLOWER 71.517= 71.389 RDBM TAG IN CB 600MM (2FT) W/O BCR @ NW COR SOMERSET BLVD & GARFIELD AVE CONSTRUCTION NOTES 15+00 MATCH LINE ~ SEE SHEET 9 7580 758015+00 MATCH LINE ~ SEE SHEET 9 85 85 10+00 11+00 12+00 13+00 14+00 15+00 CONSTRUCT 6" AC (C2-PG 64-10) OVER 6" CAB OVER 6" MIN. 95% COMPACTED SUBGRADE. 1 CONSTRUCT 4" STABILIZED DG SHOULDER WITH BROWN STEEL HEADER. SEE TYPICAL SECTION SHEET FOR DETAILS. 2 RESTORE TURF OR GROUND COVER IN-KIND, AND REPAIR IRRIGATION EQUIPMENT WITHIN GRADING LIMITS.7 PARAMOUNT TO DOWNEY STA. 10+00 TO 15+00 HATCH/ LINE LEGEND INDICATES AC MULTI-USE TRAIL R/W BOUNDARY C/F CUT/FILL DAYLIGHT LIMITS # RADIUS L1 DELTA/BRG LENGTH TANGENT S58°21'08"E
- 888.05'
- LINE / CURVE TABLE CONSTRUCTION PLAN AND PROFILE
8 22 CONSTRUCT 6" MOW CURB PER DETAIL K ON SHEET 15.
75 75.6
76.3 77.1
78.7 76.5
78.8 77.2
77.7 77.6
75.6 75.4
74.3 75.9
75.9 76.3
76.4 DENSE TREES
DENSE TREES
GNV
GNV
DENSE TREES
DENSE TREES
DENSE TREES
100'
LA METRO R/W
10'
5'
31'
2'
1.5%
MAX CURB LINE
2 1 10+00 11+00 12+00 13+00 14+00 15+00
7 110'
LADWP TLRW L1 CURB LINE FUTURE WSAB WALL
STA 10+00.00
BEG AC TRAIL
(78.13')
JOIN EX SWLK
STA 10+00.07
10.00' RT
(78.60')
JOIN EX SWLK 22 STA 12+04.08 10.70' RT BEG MOW CURB STA 12+04.07 0.00' RT END MOW CURB REFER TO PARAMOUNT PARK PARKING LOT MODIFICATION PLANS ON SHEETS 28- 36 FOR IMPROVEMENTS EXISTING LADWP TRANSMISSION TOWER NO. H79
PARAMOUNT BOULEVARD
ROSECRANS
AVENUE HIGH PT STA: 13+91.00 HIGH PT ELEV: 77.76' PVI STA:13+66.00 PVI ELEV:77.74' VC:50.00' BVC: 13+41.00
77.56' FS
EVC: 13+91.00
77.76' FS
10+00.00 GB
78.35' FS
-0.81%
0.74% 0.08% LOW PT STA: 12+16.32 LOW PT ELEV: 76.81' PVI STA:12+14.00 PVI ELEV:76.62' VC:100.00' BVC: 11+64.00
77.02' FS
EVC: 12+64.00
76.99' FS
10+00.00
78.35' FS
10+50.00
77.94' FS
11+00.00
77.54' FS
11+50.00
77.14' FS
12+00.00
76.83' FS
12+50.00
76.90' FS
13+00.00
77.25' FS
13+50.00
77.62' FS
14+00.00
77.77' FS
14+50.00
77.81' FS
15+00.00
77.85' FS
F
6678 ARIEF NAFTALI, P.E. NO. 64286 DATE UNDER THE SUPERVISION OF 5 HUTTON CENTRE DRIVE, SUITE 300 SANTA ANA, CA 92707 (714) 751-7373 WWW.PSOMAS.COM 10/31/2024 Directory Path: \\EgnyteDrive\Projects\OC\2PAR020100\TRANSP\SHEET\RD-02.dwg, Date: 06/16/25 PROFILE SCALE HORIZ. 1" = 20' VERT. 1" = 2' DESIGNED BY : CHECKED BY : DRAWN BY : DESCRIPTION REVISIONS NO. APP. DATE SHT. OF PLAN NO. SHTS DIAL: 811 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT DIAL/LOG-ON www.digalert.org BEFORE YOU DIG 2 WORKING DAYS BEFORE YOU DIG CITY OF PARAMOUNT BGP BGP AN Know what'sbelow. Callbefore you dig. ® WEST SANTA ANA BRANCH MULTI-USE TRAIL ARIEF NAFTALI, P.E. NO. 64286 DATE UNDER THE SUPERVISION OF 5 HUTTON CENTRE DRIVE, SUITE 300 SANTA ANA, CA 92707 (714) 751-7373 WWW.PSOMAS.COM 0' GRAPHIC SCALE Note: For reduced sized prints, original scale is in inches 20' 10' 20' 40'
REG ISTERED
PROFES IONAL ENG INEER
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F T A L INo. 64286 C I V I L
STATE
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L I FORN IA 78 10/31/2024 ELEV. QUAD. BENCH MARK: DATE ADJ. NO. Y7773 BELFLOWER 71.517= 71.389 RDBM TAG IN CB 600MM (2FT) W/O BCR @ NW COR SOMERSET BLVD & GARFIELD AVE 20+50 MATCH LINE ~ SEE SHEET 10 7580
15+00 MATCH LINE ~ SEE SHEET 8 7580
20+50 MATCH LINE ~ SEE SHEET 10
15+00 MATCH LINE ~ SEE SHEET 8 85 85 15+00 16+00 17+00 18+00 19+00 20+00 CONSTRUCTION NOTES CONSTRUCT 6" AC (C2-PG 64-10) OVER 6" CAB OVER 6" MIN. 95% COMPACTED SUBGRADE. 1 CONSTRUCT 4" STABILIZED DG SHOULDER WITH BROWN STEEL HEADER. SEE TYPICAL SECTION SHEET FOR DETAILS. 2 RESTORE TURF OR GROUND COVER IN-KIND, AND REPAIR IRRIGATION EQUIPMENT WITHIN GRADING LIMITS.7 PARAMOUNT TO DOWNEY STA. 15+00 TO 20+50 HATCH/ LINE LEGEND INDICATES AC MULTI-USE TRAIL R/W BOUNDARY C/F CUT/FILL DAYLIGHT LIMITS # RADIUS L1 DELTA/BRG C1 C2 LENGTH TANGENT 150' 59.23' 30' 150' 58.11' 29.42' - 888.05
- 22°11'42" L2 S58°46'49"E
- 212.06
- S58°21'08"E 22°37'23" LINE / CURVE TABLE CONSTRUCTION PLAN AND PROFILE C3 C4 134.76' 47.12' 23.80' 19°36'59" 160.57' 54.97' 27.76' 20°02'05" 9 22 CONSTRUCT 6" MOW CURB PER DETAIL K ON SHEET 15.
1 ADJUSTED PROFILE TO AVOID CHEVRON PIPE 06/16/25
1 1
77.8 76.4
78.5 78.3
78.8 78.1
78.4 75.4
76.3 77.7
78.2 77.7
77.4 78.3
78.5 78.3
77.5 79.3
78.4 78.2
76.5 76.7
76.8 77.6
78.7 79.2
MISC. SUPPLIES
MISC. SUPPLIES 144TH STREET
GNV REFER TO PARAMOUNT PARK PARKING LOT MODIFICATION PLANS ON SHEETS 28- 36 FOR IMPROVEMENTS 100'
LA METRO R/W
10'
1.5%
MAX
15'
1.5%
MAX
45'
44'
44'
12'
2'
1 2
VARIES 15+00 16+00 17+00 18+00 19+00
20+00
7 110'
LADWP TLRW
STA 18+88.05
BEG TRANSITION
BC
STA 19+46.15
PRC
STA 20+05.38
END TRANSITION
EC L1 C1 C2 L2
12' CURB LINE CURB LINE
STA 19+01.13
10.61 LT
BC
STA 19+52.76
15.00 LT
PRC
STA 20+05.12
15.00 LT
EC C3 C4 FUTURE WSAB WALL STA 19+89.60 0.00' RT END MOW CURB STA 19+88.76 4.59' RT BEG MOW CURB 22 0.08%
1.21%
20+50.00 GB
79.69' FS LOW PT STA: 19+02.00 LOW PT ELEV: 78.18' PVI STA:19+27.00 PVI ELEV:78.21' VC:50.00' BVC: 19+02.00
78.18' FS
EVC: 19+52.00
78.51' FS
15+00.00
77.85' FS
15+50.00
77.89' FS
16+00.00
77.93' FS
16+50.00
77.98' FS
17+00.00
78.02' FS
17+50.00
78.06' FS
18+00.00
78.10' FS
18+50.00
78.14' FS
20+00.00
79.09' FS
BC: 18+88.05
78.17' FS
EC: 20+05.38
79.15' FS
PRC: 19+46.15
78.44' FS
Directory Path: \\EgnyteDrive\Projects\OC\2PAR020100\TRANSP\SHEET\RD-03.dwg, Date: 06/16/25 PROFILE SCALE HORIZ. 1" = 20' VERT. 1" = 2' DESIGNED BY : CHECKED BY : DRAWN BY : DESCRIPTION REVISIONS NO. APP. DATE SHT. OF PLAN NO. SHTS DIAL: 811 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT DIAL/LOG-ON www.digalert.org BEFORE YOU DIG 2 WORKING DAYS BEFORE YOU DIG CITY OF PARAMOUNT BGP BGP AN Know what'sbelow. Callbefore you dig. ® WEST SANTA ANA BRANCH MULTI-USE TRAIL ARIEF NAFTALI, P.E. NO. 64286 DATE UNDER THE SUPERVISION OF 5 HUTTON CENTRE DRIVE, SUITE 300 SANTA ANA, CA 92707 (714) 751-7373 WWW.PSOMAS.COM 0' GRAPHIC SCALE Note: For reduced sized prints, original scale is in inches 20' 10' 20' 40'
REG ISTERED
PROFES IONAL ENG INEER
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F T A L INo. 64286 C I V I L
STATE
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CA
L I FORN IA 78 10/31/2024 ELEV. QUAD. BENCH MARK: DATE ADJ. NO. Y7773 BELFLOWER 71.517= 71.389 RDBM TAG IN CB 600MM (2FT) W/O BCR @ NW COR SOMERSET BLVD & GARFIELD AVE 7580 20+50 MATCH LINE ~ SEE SHEET 9 758020+50 MATCH LINE ~ SEE SHEET 9 85 85 21+00 22+00 23+00 24+00 25+00 26+00 CONSTRUCTION NOTES CONSTRUCT 6" AC (C2-PG 64-10) OVER 6" CAB OVER 6" MIN. 95% COMPACTED SUBGRADE. 1 CONSTRUCT 4" STABILIZED DG SHOULDER WITH BROWN STEEL HEADER. SEE TYPICAL SECTION SHEET FOR DETAILS. 2 FURNISH AND INSTALL 8' TALL OMEGA FENCE AND FOOTING COMPLETE, OR APPROVED EQUAL. SEE DETAILS I, AND J ON SHT. NO. 15 FOR DETAILS.3 REMOVE AND RECONSTRUCT 6" CURB TYPE A1-6 PER SPPWC STANDARD PLAN 120-2. 6 RESTORE TURF OR GROUND COVER IN-KIND, AND REPAIR IRRIGATION EQUIPMENT WITHIN GRADING LIMITS. 7 FURNISH AND INSTALL 20' WIDE SINGLE CANTILEVER OMEGA GATE OR APPROVED EQUAL. ATTACH IT TO EXISTING FENCE AND PROPOSED OMEGA FENCE. SEE DETAIL H, AND I ON SHT. NO. 15 FOR DETAILS. 10 PARAMOUNT TO DOWNEY STA. 20+50 TO 25+98.91 HATCH/ LINE LEGEND INDICATES AC MULTI-USE TRAIL R/W BOUNDARY INDICATES PROPOSED OMEGA FENCE C/F CUT/FILL DAYLIGHT LIMITS INDICATES COLDMILL & OVERLAY # DELTA/BRG RADIUS C5 LENGTH TANGENT 47°32'38" 90' 74.68' 39.64' L3 S11°14'11"E - 15.62'
- LINE / CURVE TABLE L2 S58°46'49"E
- 212.06
- C6 47°06'57" 105' 86.34' 45.78' L4 S58°21'08"E
- 204.82
- COLDMILL EXISTING ASPHALT CONCRETE PAVEMENT (t=2") CONSTRUCT 2" ASPHALT CONCRETE (AC) OVERLAY (TYPE C2-PG 64-10). 9 CONSTRUCTION PLAN AND PROFILE 10 22 CONSTRUCT 6" MOW CURB PER DETAIL K ON SHEET 15. CONSTRUCTED IN SECTION 2 1 ADJUSTED PROFILE TO AVOID CHEVRON PIPE 06/16/25
1 1 80
80 80 80 80 80
80 80
78.4 78.4
79.4 79.2
79.2 79.5
79.3 78.8
78.7 78.7
79.5 79.3
79.3 77.1
78.9 77.8
78.2 78.2
78.4 DENSE TREES DIRT PILE
DIRT PILE DIRT PILE
DENSE TREES
20'
15'
1.5%
MAX
110'
LADWP TLRW
12'
44' 29' 28' 23'
1 2
3 100'
LA METRO R/W 21+00 22+00
23+00 24+00 25+00 26+00
1.5%
MAX
9 7 L2 C5 L3 C6 L4
STA 22+17.44
BC STA 22+92.12 EC
STA 23+07.74
BC
STA 23+94.09
EC
STA 23+59.58
BEG C&G
RECONSTRUCITON
STA 24+83.40
(JOIN EXISTING PCC)
END C&G
RECONSTRUCITON STA 23+50.04 BEG C&G RECONSTRUCITON (JOIN EXISTING C&G) 6 6 STA 23+35.68 BEG C&G REMOVAL
STA 25+98.90
BC
8'
13' CURB LINE EXISTING GATE EXISTING GATE EXISTING GATE FUTURE WSAB WALL 10 STA 25+30.72
BEG OMEGA FENCE
STA 25+98.91
28.98LT
END OMEGA FENCE
3 STA 22+12.78
17.00' RT
BEG MOW CURB
STA 22+12.78
62.95' RT
END MOW CURB 22 REFER TO PARAMOUNT PARK PARKING LOT MODIFICATIONPLANS ON SHEETS 28- 36 FOR IMPROVEMENTS EXISTING LADWP TRANSMISSION TOWER NO. H78 -0.49% -2.35%
0.68%
0.71% LOW PT STA: 23+60.62 LOW PT ELEV: 78.13' PVI STA:23+40.00 PVI ELEV:77.93' VC:75.00' BVC: 23+02.50
78.81' FS
EVC: 23+77.50
78.18' FS HIGH PT STA: 24+50.04 HIGH PT ELEV: 78.58' PVI STA:24+46.00 PVI ELEV:78.65' VC:50.00' BVC: 24+21.00
78.48' FS
EVC: 24+71.00
78.53' FS HIGH PT STA: 22+01.61 HIGH PT ELEV: 80.73' PVI STA:22+15.00 PVI ELEV:80.86' VC:50.00' BVC: 21+90.00
80.69' FS
EVC: 22+40.00
80.28' FS
21+00.00
80.05' FS
21+50.00
80.40' FS
22+00.00
80.73' FS
22+50.00
80.04' FS
23+50.00
78.15' FS
24+50.00
78.58' FS
26+00.00
77.89' FS
25+98.96 GB
77.92' FS
(JOIN EX)
PCC
24+83.40 GB
78.47' FS
(JOIN EX)
PCC
20+50.00 GB
79.69' FS
BC: 22+17.44
80.65' FS
BC: 23+07.74
78.69' FS
BC: 25+98.90
77.92' FS
EC: 22+92.12
79.05' FS
EC: 23+94.09
78.30' FS
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: August 26, 2025
SUBJECT: ADDITIONAL APPROPRIATION FOR REPAIR AND REPLACEMENT OF
THE ART STATUES AT PARAMOUNT POND AND CITY HALL
MEMORIAL PLAZA
BACKGROUND
At the July 8, 2025 City Council meeting, City Council approved a budget adjustment of $76,890 to repair and/or replace five bronze statues that had been damaged or stolen this past May 2025, from the Paramount Pond, located on the northeast corner of Paramount Boulevard and Jackson Street, and at the City Hall’s Memorial Plaza. City Council also authorized the National Sculptors’ Guild to perform the sculpture replacement/repair work. The City has recently obtained an updated cost from the National Sculptors’ Guild in the amount of $105,195 after having the foundry closely inspect the damaged sculptures. There is additional work needed to properly repair and reinforce the damaged pieces. Also, the Battlefield Cross sculpture is not repairable after all, so it must be recast in the original foundry. Due to these additional costs, a budget adjustment is necessary to proceed. The National Sculptors’ Guild has been working closely with the City to expedite the return of the new /repaired sculptures in time for the City’s Veterans Day and Christmas Tree Lighting ceremonies.
DISCUSSION
During the theft incidents, a total of five art sculptures were vandalized and/or stolen.
Below is a list of the damaged and/or missing statues for ease of reference, and a brief description of the extent of repair and/or replacement work needed:
Location: Paramount Pond
• “Speedskater” – repair and recast severed section(s)
• “Polished Performance” (figure skater) – repair and recast severed section(s) • “Come On, Dad” (father and son sitting on the bench) – repair and recast severed • section(s)
• “Crack the Whip” (one of two statues) – recast and replace stolen statue Agenda Report August 26, 2025
REPAIR AND REPLACEMENT OF THE ART STATUES Page 2
Location: City Hall Memorial Plaza
• “Armed Forces Memorial” – recast and replace damaged statue due to extent of damage; cannot be repaired
FISCAL IMPACT
An additional appropriation in the amount of $28,305 from the Art Fund is necessary to address the additional expense related to the repair and recasting of the sculptures. If approved, the total Funding for the repair and replacement cost will be increased from $76,890 to $105,195 in the Fiscal Year 2025-26 Operating Budget.
Fund Department Account Service Description Amount
Public Art Public Works 292-96-76-7146 Repair and replacement of Five Art Pieces
$105,195
Staff is completing the claims process with the City’s insurance carrier to reflect the increased cost. The City’s policy carries a $10,000 deductible per incident. Once the claim is approved, the City will receive payment from the insurance carrier and the funds (minus deductible) will be deposited back to the Art Fund.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
Appropriate an additional $28,305 from the Art Fund for the necessary repairs and recasting of the damaged/stolen bronze statues by National Sculptors' Guild, for a total amount not to exceed $105,195.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: August 26, 2025
SUBJECT: AMENDMENT NO. 3 TO THE AGREEMENT WITH PSOMAS FOR
PROFESSIONAL ENVIRONMENTAL AND ENGINEERING DESIGN
SERVICES FOR THE WEST SANTA ANA BRANCH (WSAB) BIKEWAY
TRAIL - PHASE II PROJECT (CITY PROJECT NO. 9932)
BACKGROUND
The City has been working on the development of the West Santa Ana Branch (WSAB) bikeway trail, a 2.3-mile trail located within multiple utilities right-of-way that runs diagonally across the city and connect users from the Los Angeles River to the San Gabriel River through the cities of Paramount and Bellflower. The project is being completed in phases. Phase II of the WSAB bikeway trail will be from Somerset Boulevard to Rosecrans Avenue. The City has been working concurrently to secure the necessary approvals and license agreements with Los Angeles Department of Water and Power (LADWP) and Chevron. Section 1 of the WSAB Phase II is currently in construction, which traverses through the north side of Paramount Park.
DISCUSSION
In March 2020, the City Council awarded a professional services agreement in the amount of $685,866 to Psomas for environmental and engineering design services for the WSAB Phase II project (City Project No. 9932). Since that time, the City Council has approved subsequent amendments to the original agreement as the project progressed, as listed below.
• October 2021 (Amendment No. 1): Increased consideration amount by an additional $135,090 for the re-design of the north parking lot at Paramount Park to accommodate necessary modifications to replace existing parking spaces that would be impacted by the WSAB Phase II project.
• October 2022 (Amendment No. 2): Increased consideration amount by an additional $37,955 for Psomas to re-format WSAB Phase II design plans into three (3) separate segments, so that construction can commence at Paramount Park, while the City continues to obtain the necessary approvals.
Agenda Report August 26, 2025
AMENDMENT NO. 3 TO THE AGREEMENT WITH PSOMAS Page 2
Since construction for WSAB Phase II at Paramount Park has begun, Psomas has been regularly attending project status meetings, responding to Request for Information (RFIs) from the contractor, preparing the necessary exhibits as required by Chevron, and providing as-needed engineering design support for this project. As the designers for the project, the agreement will need to be further amended to account for additional time needed for Psomas to continue responding to RFIs and provide design related support for the remainder of the WSAB Phase II project.
The additional estimated cost for Psomas’s continued support for the remainder of the WSAB Phase II project is $212,460 and the City will be billed as services are rendered.
FISCAL IMPACT
Any necessary budget modifications for this project will be included as part of the midyear budget process.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
Approve Amendment No. 3 to the agreement with Psomas for an additional amount not to exceed $212,460 for engineering design services and authorize the Mayor or her designee to execute the Amendment.
THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES FOR THE WEST SANTA ANA BIKEWAY (WSAB) TRAIL – PHASE II
THIS THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR THE WEST SANTA ANA BIKEWAY (WSAB) TRAIL –
PHASE II (“AMENDMENT”) is made and entered into this 26th day of August, 2025 between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and PSOMAS, a professional engineering company, with its primary office located at 865 South Figueroa Street, Suite 3200, Los Angeles, CA 90017 (hereinafter "CONSULTANT") (collectively, "the Parties"), amending that certain agreement between CONSULTANT and CITY approved by City Council March 17, 2020 (“AGREEMENT”).
RECITALS
WHEREAS, CITY and CONSULTANT entered into an Agreement on March 17, 2020 whereby CONSULTANT would provide professional environmental and engineering design services for CITY; and
WHEREAS, CITY and CONSULTANT entered into a First Amendment to that contract on October 19, 2021 to add additional professional design services and modify the compensation; and
WHEREAS, CITY and CONSULTANT entered into a Second Amendment to that contract on October 22, 2024 to expand the scope, add additional professional services, and compensation to said Agreement; and
WHEREAS, CITY and Consultant each desire to extend the term of agreement; and
WHEREAS, CITY and CONSULTANT each desire to expand the scope and add additional services and compensation to said Agreement as outlined in Exhibit B.
NOW, THEREFORE, THE AGREEMENT SHALL BE AMENDED TO READ AS FOLLOWS:
1. TERM OF AGREEMENT
This AGREEMENT shall commence on March 17, 2020 and continue through May 25, 2026, unless terminated sooner by the parties.
-1-
2. DESCRIPTION OF SERVICES
In addition to all other services, CONSULTANT shall provide additional professional design services as more particularly described in Exhibit B, attached and incorporated as if fully set forth herein.
3. COMPENSATION
For such additional services, CITY agrees to pay CONSULTANT an additional $212,460 in full compensation for additional services as performed. CITY also shall reimburse CONSULTANT for pre-approved expenses in a revised total agreement amount not to exceed $1,071,371.
CONSULTANT shall prepare and present detailed statements for services rendered to City for the month preceding the statement, indicating each discrete task performed by the CONSULTANT. Statements are due and payable upon approval by CITY.
4. All other terms and conditions of the Agreement shall remain the same.
IN WITNESS HEREOF, the CITY and CONSULTANT have executed this AGREEMENT as of the date first herein above set forth.
CITY OF PARAMOUNT PSOMAS
By: By:
Peggy Lemons, Mayor Arief Naftali, Vice President /
Project Manager
ATTEST:
By:
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By:
Nicholas Ghirelli, City Attorney
-2-
EXHIBIT B
-3-
-4-
Additional Design Related Design Services not to exceed $30,000, subject to preauthorization by City.
Amendment 3 Total Amount Not to Exceed $212,460.
-5-
To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: August 26, 2025
SUBJECT: VIRTUAL DEPUTY COMING SOON TO LAKEWOOD STATION A virtual deputy system is being introduced at Lakewood Station, allowing citizens to schedule virtual meetings with a deputy sheriff to report specific crimes or ask law enforcement-related questions. This service is not intended for incidents that require an immediate response from law enforcement or for filing public complaints. The goal of this program is to reduce wait times, provide more efficient service to the community, and ensure that law enforcement resources are available for priority and emergency calls.
Lakewood Station Captain Dan Holguin will highlight the details of this program.
To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: August 26, 2025
SUBJECT: 2025 PARAMOUNT HOMELESS CENSUS
The City of Paramount has contracted with City Net to conduct a homeless census, which aims to establish a baseline number of individuals living without housing. This baseline serves as a reference point for evaluating the City’s homelessness prevention and intervention efforts. Additionally, the census provides demographic data, assets, and other unique characteristics of individuals experiencing homelessness to better inform resource allocation.
City Net carried out the 2025 Paramount Homeless Census on two occasions: early in the morning on June 24 and late in the evening on June 26, 2025. This census is a distinct but complementary project to the HUD-mandated county-wide Point-in-Time Count. The City-specific census allows for a more focused approach, utilizing additional time, staff resources, and tailored questions that go beyond those typically included in the Point-inTime Count. During tonight’s City Council meeting, Mr. Matt Bates, Vice President of City Net, will present the final report for the 2025 Paramount Homeless Census.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: August 26, 2025
SUBJECT: PRESENTATION ON THE NEW AQUAHAWK SYSTEM FOR WATER
CUSTOMERS
Following the replacement of water meters to the new Advanced Metering Infrastructure (AMI) system, water customers can now view their usage in real-time through the AquaHawk web-based portal. A representative from Willdan Energy will give an oral report providing an overview of the AquaHawk system. Willdan will also provide information on how water customers can register for an account and set their opt-in parameters for alerts where they can establish billing and consumption thresholds.
To: Honorable City Council
From: John Moreno, City Manager
By: Nicholas Ghirelli, City Attorney
Regina N. Danner, Assistant City Attorney
Grissel Chavez, Assistant City Manager
Date: August 26, 2025
SUBJECT: PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF HAY TREE PROPERTY (APNS 7102-027-019 & 020) AND CONVEYANCE OF
ACCESS EASEMENT TO PARAMOUNT GENERAL HOSPITAL
BACKGROUND
At the March 11, 2025 City Council meeting, City Council approved Resolution 25:009 authorizing the acquisition by eminent domain of the fee interest in the Hay Tree Property (Assessor Parcel Nos. 7102-027-019 & 020) in connection with the Civic Center Improvement Project. The City’s intent in seeking to acquire the Hay Tree Property is to use the parcel for public use, namely for preservation of a historic resource, improvement of public parking facilities, and improvements to existing public facilities and public recreation space. Adjacent to the Hay Tree is a private property (located at 16493 Paramount Blvd) with a vacant building formerly known as Paramount Saw. Through the City’s Development and Disposition Agreement with that property owner, once the Paramount Saw renovations are completed over the next year, the City will occupy approximately one-third of the building for a community room, kitchenette, restrooms, a City historic museum, and an event area for the community. The Hay Tree Property will add great value by providing more space for outdoor enjoyment and complement that new City recreational use.
DISCUSSION
Prior to the City Council’s approval of Resolution 25:009, pursuant to Government Code Section 7260, et seq., the City obtained a fair market value appraisal of the Hay Tree Property. The City set just compensation for the Hay Tree Property in accordance with the fair market value. The City extended a written offer to the property owner (Paramount General Hospital Company) pursuant to Government Code Section 7267.2. The City has engaged in good faith negotiations for the acquisition of the Hay Tree Property and has negotiated the attached final agreement for the purchase of the Hay Tree Property at a price of $700,000.
Included in the proposed Purchase and Sale Agreement is a closing condition that requires the City to convey an access easement to the seller, Paramount General Hospital Co., over the driveway at Civic Center Drive off of Paramount Blvd. The Hospital wanted to ensure that, after closing, the City did not close this point of entry for the Agenda Report August 26, 2025
SALE AGREEMENT & EASEMENT – HAY TREE PROPERTY Page 2
Hospital. The northerly access driveway/area that the hospital uses to gain entry onto the Hospital grounds is partly on the Hay Tree Property and partly on another adjacent Cityowned parcel. It is very unlikely that the City would ever close that portion of the driveway as that would block access to City Hall. Staff supports granting access to the Hospital over this parcel for the purposes of accessing their property. The Hospital has agreed to cover the cost of the legal description for the access easement using the City’s surveyor.
The access easement within the purchase and sale agreement is still in draft form pending completion of the legal description to confirm the configuration of the easement. Staff recommends approving the easement in a form approved by the City Attorney so as not to further delay the purchase of the property. The finalization of the easement will be made a condition of closing.
This proposed purchase of the Hay Tree Property will allow the City to have more control over and provide a more supportive environment for this historic landmark. In addition, the City will make improvements to the surrounding open space to provide outdoor community event space. Proposed improvements include a dining platform with overhead structure and integrated lighting adjacent to the Saw Building, flexible lawn space, lighting, signage, a mural and public art, as well as walkways and seating areas with picnic tables. The outdoor community space is intended to support community and cultural programming and activities/events. These improvements would be within the larger open space area. The physical improvements would not be constructed directly adjacent to the Hay Tree.
FISCAL IMPACT
The City’s FY 2025-26 budget has $881,000 budgeted for the Hay Tree acquisition. This cost will cover the purchase and sale of the property for $700,000 and the associated legal and real estate transaction fees.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
Approve the attached purchase and sale agreement for the Hay Tree Property, including the access easement; and authorize the City Manager to make additional minor edits to the draft easement that do not increase the purchase price until it is finalized. -1-
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BETWEEN PARAMOUNT GENERAL HOSPITAL
COMPANY AND THE CITY OF PARAMOUNT IN CONNECTION WITH
THE FEE SIMPLE ACQUISITION OF THE REAL PROPERTY
IDENTIFIED AS LOS ANGELES COUNTY TAX ASSESSOR’S PARCEL
NUMBERS 7102-027-019 & 020
This Purchase and Sale Agreement and Joint Escrow Instructions Between Paramount General Hospital Company, a California limited partnership (“Seller”), and the City of Paramount (““City”), in connection with the Civic Center Improvement Project (“Project), and constitutes an agreement to purchase and sell real property between Seller and City and the joint escrow instructions directed to On Demand Escrow (“Escrow Holder”). Seller and City are referred to below collectively as the “Parties”. The Agreement is effective on the date it is fully executed by the Parties (“Effective Date”).
RECITALS
A. Seller is the record fee owner of certain real property located at 16471 Paramount Boulevard, in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel Numbers 7102-027-019 and 7102-027-020 (“Subject Property”). The Subject Property is approximately 23,200 square feet in size and is zoned C-3 (General Commercial) and is further defined below.
B. Pursuant to the Master Agreement for Grant of Easement, Maintenance and Use, recorded on October 22, 2002 with the Los Angeles County Recorder’s Office as Instrument Number 02-2489156 (“Master Agreement”), City has been in possession of the Subject Property since approximately 2002 maintaining a park area, the Hay Tree (as defined in the Master Agreement) and a public right of way (“Right of Way”) allowing ingress and egress to the remainder of Seller’s property which is currently operated as an acute care hospital and a long term acute care hospital while Seller has not actively operated, maintained or improved the Subject Property.
C. City and Seller agree that, as a condition to the Close of Escrow for the transfer of the Subject Property, the City will grant an access easement for ingress and egress (“Access Easement”) on portions of the Subject Property and portions of the adjacent City parcel to provide access to the remainder portions of Seller’s Property located at 16453 Colorado Avenue in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel Number 7102-025- 038 (“Seller Adjacent Parcel”).
D. In accordance with Government Code 7267.2, the City extended a written offer to Seller dated October 9, 2024 offering to purchase the fee simple interest in the Subject Property for public use, namely for preservation of a historic resource, improvement of public parking facilities, and improvements to existing public facilities and public recreation space, and all uses necessary or convenient thereto in connection with the proposed Civic Center Improvement Project (“Project”). The Project will preserve the Hay Tree which was designated as a California Historical Landmark in August 2003, and it will allow the City to increase public parking spaces, including ADA parking spaces and EV Charging spaces. The Project will also upgrade the existing -2-
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public plaza area that extends from Paramount Boulevard westerly into the Project site.
E. The Parties negotiated in good faith for the City’s acquisition and use of the real property interests needed for the Project and have reached an agreement regarding the City’s purchase of the fee simple interest in the designated real property needed for the Project, subject to ratification by the City Council. Accordingly, Seller agrees to sell to the City and the City agrees to purchase from Seller in fee simple absolute, the real property interests described in this Recital C.(1) in connection with the Project:
(1) The fee simple interest that approximate 23,200 square foot real property located at 16471 Paramount Boulevard, in the City of Paramount, and further identified as Los Angeles County Tax Assessor Parcel Numbers 7102-027-019 & 020 (“Subject
Property”). The Subject Property is described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” to the form Grant Deed attached as EXHIBIT “1” hereto and incorporated herein by this reference.
F. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including preservation of a historic resource, improvement of public parking facilities, and improvements to existing public facilities and public recreation space, and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Paramount by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37352, 37353, 37361, 40401, and 40404, and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650 and by other provisions of law. The Parties acknowledge that on March 11, 2025, the City Council of the City of Paramount adopted Resolution No. 25:009, a Resolution Of The City Council of the City of Paramount Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection With the Civic Center Improvement Project (The Hay Tree Property, Located at 16471 Paramount Boulevard, and More Particularly Described as Assessor Parcel Numbers 7102-027-019 & 020, in the City of Paramount, California) (“Resolution of Necessity”). In adopting the Resolution of Necessity, the City Council found and determined that the public interest and necessity require the Project; the Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; the fee interest in the Subject Property is necessary for the Project; and the offer required by Government Code Section 7267.2 has been made to the owner of record of the Subject Property.
The Resolution of Necessity authorized the City to file an eminent domain proceeding. On April 16, 2025, the City filed an eminent domain proceeding titled City of Paramount v. Paramount General Hospital Company, a Limited Partnership, Los Angeles County Superior Court Case No. 25CM CV00662 (“eminent domain proceeding”). The Parties desire to enter into this Agreement to resolve all issues relating to the City’s acquisition of the Subject Property in lieu of the City acquiring the Subject Property by eminent domain. Seller is willing to grant to City the Subject Property in fee, subject to the terms set forth in this Agreement. Seller hereby acknowledges and agrees that the City is acquiring the Subject Property for public use in connection with the Project and the Subject Property is necessary for the Project. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability -3-
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of 26 U.S.C. Section 1033 to Seller’s sale to the City of the Subject Property in connection with the Project. The City makes no express or implied representation regarding the applicability of 26 U.S.C. Section 1033 to this transaction.
G. Seller desires to sell, and City desires to buy, the Subject Property, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein and made binding by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, City and Seller agree to the following:
Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell to City and City agrees to purchase from Seller the Subject Property in fee, described in EXHIBIT “A” and depicted on EXHIBIT “B” to the form of Grant Deed attached as EXHIBIT “1” hereto, subject to the terms set forth therein.
Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully-executed Agreement to Escrow Holder and pay a nonrefundable deposit of $100.00 to for the benefit of Seller to Escrow. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully-executed Agreement. The Parties can execute the Agreement in counterparts as set forth in Section 17.d. below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transaction contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, “Close of Escrow” shall be the date on which the Grant Deed is recorded in the Official Records of the County of Los Angeles. Provided that all of Seller’s and City’s obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow (“Closing Date”).
Purchase Price and Additional Consideration.
a. Purchase Price. The total purchase price that City will pay to Seller for the Subject Property is the sum of $700,000.00 (Seven Hundred Thousand Dollars and no/100) (“Purchase Price”). Thus, the Purchase Price is the total price for the Subject Property, without distinction or separation for various interests that may be held in the said real property interests.
Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Property. b. Additional Consideration.
i. As additional consideration for the sale of the Subject Property by Seller to the City, the City agrees not to pursue payment of any fees owed to the City by Seller, that have accrued as of the Effective Date of this Agreement, to which City may have been entitled under the terms of the Master Agreement. However, Seller agrees to immediately comply with -4-
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the Master Agreement’s maintenance obligations and to begin paying the fees intended to cover the City’s maintenance costs, or to cause its tenant to immediately begin paying such fees, as of the effective date of this Agreement. Any future maintenance obligations and fees will be subject to the terms of the Master Agreement Modification referenced in Recital C. above or any such modification or restatement of the Master Agreement the Parties may enter into. ii. As further consideration for the sale of the Subject Property by Seller to the City, the City agrees to grant for the benefit of the Seller Adjacent Parcel an Access Easement on portions of the Subject Property and portions of the adjacent City Parcel roughly depicted in EXHIBIT “A-1” to the form of Grant of Access Easement attached as EXHIBIT “2” hereto. The Parties agree and acknowledge that the legal description(s) and plat map(s) will be prepared during the escrow process. The City agrees that within five business days of the Effective Date of this Agreement, it will retain a surveyor to prepare the legal description(s) and plat map(s) of the Access Easement area and will deposit with Escrow Holder and provide to Seller a copy of the invoice for said costs. Seller agrees that it will reimburse the City for the costs incurred by the City in connection with obtaining said legal descriptions and plat maps by depositing with Escrow Holder before the Close of Escrow said total costs incurred by the City in connection with said legal description(s) and plat map(s) in an amount not to exceed Ten Thousand Dollars ($10,000.00).
Title and Title Insurance.
a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and title commitment to City and Seller.
Escrow Holder will insure City’s fee interest in the Subject Property described more particularly in EXHIBIT “A” and EXHIBIT “B” to the form of Grant Deed (EXHIBIT “1” hereto) at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy (“Alta Extended Policy”) if the City elects such coverage as provided below in Section 4.b., in the amount of the Purchase Price (“Title Policy”), with liability in the full amount of the Purchase Price, insuring the City’s fee interest in the Subject Property free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Property, except for the permitted title exceptions defined below and any permitted conditions of title that the City approves in writing (collectively “Permitted Title Exceptions”):
iii. General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; iv. The applicable zoning, building, and development regulations of any municipality, county, state, or federal jurisdiction affecting the Subject Property; v. Such other non-monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitments and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file -5-
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any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at the City’s option, either consent to the recordation of the Grant Deed, the form of which is attached as EXHIBIT “1” hereto, subject to such encumbrances, or terminate the Escrow.
In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges.
b. Option to Obtain ALTA Extended Policy. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance for the Subject Property. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy.
c. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Property, record any document or instrument relating to the Subject Property, or physically alter the Subject Property without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
Escrow.
a. Deposit of Funds in Escrow by City. City covenants and agrees to deposit with Escrow Holder the Purchase Price and any such escrow funds as are required for Close of Escrow within five (5) business days of receiving written notice from Escrow holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. b. Deposit of Funds in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the costs incurred by the City in connection with the preparation of legal descriptions and plat maps for the Access Easement that City is granting to Seller as a condition to Close of Escrow.
c. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow:
i. Grant Deed. The Grant Deed in the form attached as EXHIBIT “1” hereto (“Grant Deed”) duly executed and acknowledged by Seller. EXHIBIT “1” is attached hereto and incorporated herein by this reference.
ii. A California 593 certificate and federal non-foreign affidavit. iii. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. d. Deposit of Documents in Escrow by City.
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i. Certificate of Acceptance. The Certificate of Acceptance attached to the Grant Deed, which is attached hereto as EXHIBIT “1”. ii. Grant of Access Easement. The duly executed Grant of Access Easement for the benefit of the Seller Adjacent Parcel in the form attached as EXHIBIT “2” hereto (“Grant of Access Easement”) with the legal description(s) and plat map(s) of said access reasonably acceptable to both Buyer and Seller substituted in place of the rough depiction of said Access Easement area, which is attached as EXHIBIT “A-2” to the form of Grant of Access Easement .
iii. Any other documents reasonably required by Escrow Holder to be deposited by City to carry out this escrow.
e. Recordation of Grant Deed Followed by Grant of Access Easement; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 5 and subject to the satisfaction of the conditions to close and the contingencies set forth in this Agreement, Escrow Holder shall cause (i) the Grant Deed to be recorded in the Official Records of the County of Los Angeles to be recorded first and (ii) the Grant of Access Easement to be recorded in the Official Records of the County of Los Angeles directly after the Grant Deed is recorded. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by City and Seller) to Seller and the reimbursement to City of the City’s costs relating to the Surveyor’s preparation of the legal descriptions and plat maps for the Access Easement, and Seller shall be deemed to deliver possession of the Subject Property to City and Seller shall be deemed to have an easement interest in the property described in the Grant of Access Easement. f. Prorations. Real property taxes for the Subject Property shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for the Project, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between City and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds recorded against the Subject Property.
g. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder’s customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. h. Escrow Cancellation Charges. If escrow fails to close through no fault of either party, City will pay all escrow and title cancellation charges. In the event that this escrow -7-
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shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges.
Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 5.
a. City’s Conditions to Close of Escrow. City’s obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City’s benefit and may be waived only by City:
i. Seller shall have deposited the sums and documents required to be deposited as provided in Section 5.
ii. Seller shall have performed all obligations to be performed by Seller hereunder.
b. Seller’s Conditions to Close of Escrow. Seller’s obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller’s benefit and may be waived only by Seller:
i. City shall have deposited the sums and documents required to be deposited as provided in Section 5.
ii. City shall have performed all obligations to be performed by City hereunder.
If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges).
Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to Seller’s actual knowledge, it has not received any written notice that (i) the Subject Property contains Hazardous Materials (defined in Section 12.a. below) or toxic substances and waste, including, but not limited to, asbestos, or (ii) written notice that there is pending or threatened action or proceeding arising out of the condition of the Subject Property or alleged violation of Environmental Laws (defined in Section 12.b. below), health or safety statutes, ordinance, or regulations.
b. That Seller is the record fee owner of the Subject Property and no other party has a fee interest in the Subject Property. Seller will not further encumber the Subject Property prior to the Close of Escrow.
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c. Neither this Agreement nor anything provided to be done hereunder, including Seller’s grant to City of the Grant Deed, violates or will violate any contract, agreement, or instrument to which Seller is a party, or which affects the Subject Property described in the Grant Deed, and the Seller’s grant to City of the Subject Property does not require the consent of any party not a signatory hereto.
d. There are no claims or liens presently claimed or that will be claimed as result of the actions of Seller against the Subject Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date.
e. Seller has not granted written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Property, or any part thereof. Notwithstanding the forgoing, and as acknowledged in Section 3, the Master Agreement is recorded against the Subject Property.
Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.
Total Consideration.
a. Total Consideration. The Parties agree that City’s payment to Seller of the Purchase Price set forth in this Agreement together with the Additional Consideration set forth in Section 3.b. to Seller is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of and fee interest and rights to the Subject Property described in the Grant Deed, severance damages (if applicable), inverse condemnation, pre-condemnation damages, loss of business goodwill, attorneys’ fees, interest, appraisal costs, loss of rents, lost profits, and any other damages of every kind and nature suffered by Seller by reason of City’s acquisition of the Subject Property in connection with the Project, and the construction of the Project for which City is acquiring the Subject Property, and all costs and expenses whatever in connection therewith.
b. No Relocation Assistance. City is purchasing the Subject Property in connection with the Project. The Subject Property is not improved with any structures. The City’s acquisition of the Subject Property will not result in the displacement of any person or business from the Subject Property. Accordingly, no relocation assistance and benefits pursuant to applicable federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition -9-
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Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) are triggered as a result of City’s acquisition of the Subject Property in connection with the Project.
As Is Sale; Releases.
a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller’s successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of City’s efforts to acquire the Subject Property, or any preliminary steps thereto. b. California Civil Code Section 1542. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 10, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
Seller’s Initials: ___________ City’s Initials: ___________ c. Waiver of Any Rights Pursuant to Code of Civil Procedure Section 1245.245. Seller has reviewed Code of Civil Procedure Section 1245.245, a copy of which is attached as EXHIBIT “3” hereto and incorporated herein by this reference. Seller expressly waives any rights that it may have pursuant to Code of Civil Procedure Section 1245.245 to re-purchase the Subject Property from City if City has not used the Subject Property in connection with the Project within ten (10) years of the sale of the Subject Property to City. d. As-Is Purchase. City has maintained and been in possession of the Property as acknowledged in the Master Agreement while Seller has not been in active possession, operation or management of the Subject Property. Prior to executing this Agreement City has had, and shall have, the opportunity to inspect the Subject Property and observe the physical characteristics and condition of the Subject Property and any and all other matters, as to, concerning or with respect to any matter whatsoever relating to the Subject Property or this Agreement or of concern to City (“Property Conditions”), including, but not limited to: title; the environmental condition of the Subject Property (including the presence or absence of Hazardous Materials (as defined below) in, on, or about the Subject Property); water, soil, pest and geological conditions of the Subject -10-
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Property; the Master Agreement; the financial condition of the Subject Property; the suitability of the Subject Property for any and all activities and/or uses which may be conducted thereon; the compliance of or by the Subject Property with Environmental Laws, as defined below, and any and all laws, rules, ordinances or regulations of any applicable governmental authority or body (including environmental, zoning, building codes, and the status of any development or use rights respecting the Subject Property); the availability of permits, licenses and approvals respecting the Subject Property; the economic or engineering feasibility of any alteration or renovation of the Subject Property that may be contemplated by City; the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Subject Property; and the physical condition of the Subject Property and improvements, including construction defects, deferred maintenance, and other adverse physical conditions or defects. City further acknowledges and agrees that except for any representations, warranties or agreements specifically made by Seller in this Agreement, neither Seller nor any of Seller’s employees, agents or representatives have made any representations, warranties or agreements, express or implied, by or on behalf of Seller as to any matters concerning the Subject Property Condition. Except as otherwise expressly set forth in this Agreement, Seller disclaims any and all such statements and representations and City agrees that any inaccuracy or deficiency in information, advice or documents given to City shall be solely the responsibility and risk of City, and shall not be chargeable in any respect to Seller. City acknowledges that it is not relying on any statement or representation, whether express or implied, oral or written, that has been made or that in the future may be made by Seller or any of Seller’s employees, agents, attorneys or representatives concerning the Property Condition other than any express representation made in this Agreement. Seller makes no representation or warranty regarding the truthfulness or accuracy any of the materials provided to or obtained by City that were prepared by third parties.
e. City hereby acknowledges, agrees and represents that the Subject Property is to be purchased, conveyed and accepted by City in its present condition, “AS IS,” “WHERE IS” AND “WITH ALL FAULTS,” and that, except as specifically provided otherwise in this Agreement, no patent or latent defect or deficiency in the Property Condition whether or not known or discovered, shall affect the rights of either Seller or City hereunder nor shall the Purchase Price be reduced as a consequence thereof.
f. Prior to the Closing, City shall examine, review and inspect all of the Property Conditions and other matters which, in City’s judgment, bear upon the Subject Property and its value and suitability for City’s purposes. Upon Closing, City will acquire the Subject Property solely on the basis of its own examinations, reviews and inspections and the title insurance protection afforded by the owner’s title policy. City shall rely only on the title policy concerning the status of title to the Subject Property and the Seller shall have no obligation or liability with respect to the title of the Subject Property. g. Release. Upon Closing, City shall assume the risk that Property Conditions may not have been revealed by City’s investigations. The release and waiver of claims set forth below shall be referred to as the “Release.” Upon the Closing, City, on its own behalf and on behalf of each of its successors and assigns and each and all of its and their respective public officials, council members, employees, and each of their respective successors and assigns (collectively, “Waiver Parties”) release Seller and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, employees and -11-
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representatives (collectively, “Released Parties”) from, and waives any and all liability, claims, demands, damages and costs (including attorneys’ fees and expenses) of any and every kind or character, known or unknown, for, arising out of, or attributable to, any and all Property Conditions not caused by Seller or Released Parties or contributed to by Seller or Released Parties, including, without limitation, any and all actual, threatened or potential claims, claims for contribution under Environmental Laws (as defined below), suits, proceedings, actions, causes of action, demands, liabilities, losses, obligations, orders, requirements or restrictions, liens, penalties, fines, charges, debts, damages, costs, and expenses of every kind and nature, whether now known or unknown, whether foreseeable or unforeseeable, whether under any foreign, federal, state or local law (both statutory and non-statutory), and, whether asserted or demanded by a third party against any of the Waiver Parties or incurred directly or indirectly by any of the Waiver Parties themselves, that any of the Waiver Parties may now or hereafter have against any of the Released Parties (collectively, “Claims”), and that arise in connection with or in any way are related to (i) the physical condition of the Subject Property, the financial condition of the Subject Property, the value of the Subject Property or its suitability for City’s use, the management or operation of the Subject Property or the accuracy or completeness of any information reviewed by City in connection with its investigations of the Subject Property and which may have been relied upon by City in deciding to purchase the Subject Property, (ii) any Handling (as defined below) of any Hazardous Materials (as defined below) at, beneath, to, from, or about the Subject Property, (iii) any compliance or noncompliance with Environmental Laws regarding any Hazardous Materials at, beneath, to, from, or about the Subject Property, (iv) any acts, omissions, services or other conduct related to any of the foregoing items “(i)” through “(iv),” inclusive, and/or (v) any condition, activity, or other matter respecting the Subject Property that is not addressed by any of the foregoing items “(i)” through “(iv),” inclusive, and that is related to pollution or protection of the environment, natural resources, or public health. The Releases in this Section 10.g. shall survive the Closing and the recording of the Deed conveying the Subject Property from Seller to City. The Releases in this Section 10.g. do not apply to any Claims or damages arising from the actions or omissions of Seller or Released Parties prior to Closing.
h. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CITY
HEREBY SPECIFICALLY WAIVES SECTION 1542 OF THE CALIFORNIA CIVIL CODE (“SECTION 1542”) AND ANY SIMILAR LAW OF ANY OTHER STATE, TERRITORY OR JURISDICTION. SECTION 1542 PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
CITY ACKNOWLEDGES THAT THIS SECTION 1542 WAIVER AND RELEASE IS
VOLUNTARY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE AND IS GIVEN AS PART OF THE CONSIDERATION FOR THE AGREEMENTS SET FORTH HEREIN.
CITY EXPRESSLY ACKNOWLEDGES THAT IT MAY HEREAFTER DISCOVER FACTS
DIFFERENT FROM OR IN ADDITION TO THOSE, WHICH IT NOW BELIEVES TO BE -12-
13162-0011\3111633v10.doc
TRUE WITH RESPECT TO THE RELEASE OF CLAIMS. CITY AGREES THAT THE
FOREGOING RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING SUCH DIFFERENT OR ADDITIONAL FACTS.
This Section 10 will survive the Close of Escrow.
City’s Contingencies. For the benefit of City, the Close of Escrow and City’s obligation to consummate the purchase of the Subject Property is contingent upon and subject to the occurrence of all of the following (or City’s written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all materially true and correct; b. The delivery to Escrow Holder of all documents and sums pursuant to Section 5 of this Agreement;
c. Escrow Holder’s commitment to issue, in favor of City, the Title Policy with liability equal to the Purchase Price showing City’s fee interest in the Subject Property, subject only to the Permitted Title Exceptions; and
d. City’s approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Property that City might perform prior to the Close of Escrow.
Seller’s Contingencies. For the benefit of Seller, the Close of Escrow and Seller’s obligation to consummate the sale of the Subject Property is contingent upon and subject to the occurrence of all of the following (or Seller’s written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow:
a. The delivery to Escrow Holder of all documents pursuant to Section 5 of this Agreement including, but not limited to the Grant of Easement and the Purchase Price; and b. Escrow Holder’s commitment to issue, in favor of City, the Title Policy with liability equal to the Purchase Price showing City’s fee interest in the Subject Property, subject only to the Permitted Title Exceptions.
Certain Definitions.
a. The term “Hazardous Materials” will mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated -13-
13162-0011\3111633v10.doc
under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a “hazardous substance” in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term “Environmental Laws” will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.
Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the Effective Date.
Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $700,000.00 or any inference of per square foot value of the Subject Property will not be admissible as evidence of the fair market value of the Subject Property in an eminent domain or other proceeding or litigation concerning the Subject Property, or any portion thereof.
Default. In the event of a breach or default under this Agreement by either City or Seller, the non-defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non-defaulting party, City shall be obligated to pay City’s share of any escrow cancellation charges. Such termination of the escrow by a non-defaulting party will be without prejudice to the non-defaulting party’s rights and remedies at law or equity.
Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:
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13162-0011\3111633v10.doc
CITY: City of Paramount
16400 Colorado Avenue
Paramount, California 90723
Attention: John Moreno, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Nicholas Ghirelli, City Attorney
SELLER: Paramount General Hospital Company
c/o Oren Ben Ezra
21520 South Pioneer Boulevard, Suite 205
Hawaiian Gardens, California 90716
COPY TO: Sheppard, Mullin, Richter & Hampton LLP
650 Town Center Drive, 10th Floor
Costa Mesa, California 92626-1993
Attention: Sean P. O’Connor
ESCROW
HOLDER: On Demand Escrow
16152 Beach Boulevard, Suite 131
Huntington Beach, California 92647
Attention: Lorraine Thibodeau
Broker Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker’s commissions or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker’s commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party’s own acts in connection with this transaction. The provisions of this Section 16 will survive the Close of Escrow.
Miscellaneous.
a. Dismissal of Eminent Domain Proceeding. Within ten (10) business days of the Effective Date, City shall file a dismissal of the Eminent Domain Proceeding (“Dismissal”).
On or after said Dismissal, City shall not pursue the acquisition of the Subject Property by eminent domain. The Parties shall take such further actions and execute any further documents and instruments that may be necessary or appropriate to carry out and perform the purpose and intent of this Section. Nothing in this Agreement precludes the City from taking any action necessary to clear any encumbrances shown on title to the Subject Property, including the filing of an eminent domain proceeding to clear any such encumbrances.
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13162-0011\3111633v10.doc
b. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. c. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the sale of the Subject Property, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose.
d. Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. If electronic signatures/counterparts to this Agreement are transmitted by Seller to City, Seller will transmit the original signatures to the City by mailing same to the attention of the City Manager at the address shown on Section 15 above within five (5) business days of the date the electronic signatures are transmitted to City. e. Time of the Essence. Time is of the essence of this Agreement. f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. i. Authority of City Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance for the Grant Deed, Grant of Access Easement, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein. j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
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13162-0011\3111633v10.doc
k. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. l. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
m. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference.
[SIGNATURES ON NEXT PAGE]
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13162-0011\3111633v10.doc
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.
Dated:__________________________
SELLER
PARAMOUNT GENERAL HOSPITAL
COMPANY, a California limited
partnership
By: ________________________________
Name:_______________________________
Title:________________________________
Dated:__________________________
CITY
City of Paramount, a municipal corporation
By: ____________________________
John Moreno, City Manager
ATTEST:
By: _____________________________
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By: _____________________________
Nicholas Ghirelli, City Attorney
13162-0011\3111633v10.doc
EXHIBIT “1”
FORM OF GRANT DEED
13162-0011\3111628v3.doc
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Paramount
16400 Colorado Avenue
Paramount, California 90723
Attention: City Clerk’s Office
[X] APNs 7102-027-019 &
7102-027-020
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Grant Deed is for the benefit of the City of Paramount, a municipal corporation and is exempt from Recording Fees pursuant to California Government Code Section 27383 and California Government Code Section 6103.
Documentary Transfer Tax is $0 (exempt; conveyance to a public entity).
GRANT DEED
FOR VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, GRANTOR PARAMOUNT GENERAL HOSPITAL COMPANY, a California limited partnership (“GRANTOR”), hereby grants in fee to the CITY OF PARAMOUNT, a California municipal corporation,(“CITY”) the fee simple interest in the real property located at 16471 Paramount Boulevard, in the City of Paramount, County of Los Angeles, State of California, more particularly described in EXHIBIT “A” and depicted on EXHIBIT “B” (“SUBJECT FEE PROPERTY”) attached hereto, together with all improvements and fixtures thereon and all rights of GRANTOR in and to adjacent streets, rights of way, and easements appurtenant thereto.
IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the date set forth below.
Dated: , 2025
GRANTOR
PARAMOUNT GENERAL HOSPITAL
COMPANY, a California limited partnership
By: _____________________________
Print Name: ______________________
Title: ____________________________
EXHIBIT “A”
LEGAL DESCRIPTION OF SUBJECT FEE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 3, INCLUSIVE OF HYNES IMPROVEMENT COMPANY'S
TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTH 5 FEET OF SAID LOT 3.
TOGETHER WITH THOSE PORTIONS OF THE ALLEY ABUTTING SAID
LAND ON THE WEST AS WOULD PASS BY OPERATION OF LAW
DESCRIBED IN RESOLUTION 02:015 RECORDED OCTOBER 29, 2002 AS INSTRUMENT NO. 02-2572031 OF OFFICIAL RECORDS.
APN 7102-027-020, APN 7102-027-019
EXHIBIT “B”
DEPICTION OF SUBJECT FEE PROPERTY
Exhibit B
Depiction of Hay Tree Property
EXHIBIT "B"
I I I
I
EASEMENT FOR STREET
PURPOSES PER DOC
2002-2489156
EASEMENT FOR CAMPHOR
TREE MAINTENANCE
PURPOSES PER DOC
2002-2489156
RESTRICTED COURTYARD
AND PATIO AREA
EASEMENT PER DOC
2002-2489156
SCALE 1, 30*
LOT 4
0. 01°
HARRISON STREET
k
4. 50.00'
Wwi ltp4 SCALE: 0A11.: 07/302024 SKETCH TO ACCOMPANY
13191 CROSIIROAD5 pmmeo.y. N_O! rrtl, SURE
"' %) Ct.b.T2 1S2& '"
DRAWN 00 It OfCKED 00 DK
405 LEGAL DESCRIPTION
Exhibit B
Depiction of Hay Tree Property
EXHIBIT "B"
V/w|^ SCALE: r-50' DATE 07/30/2024
131 Bl CROSSROADS PARKWAY NORTH, SUITE 403
INDUSTRY. GA. 9174O-34B7
(532) 803-3200
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
-1-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-2-
City of Paramount
16400 Colorado Avenue
Paramount, California 90723
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(California Government Code Section 27281)
This is to certify that the attached Grant Deed, which conveys in fee to the City of Paramount, a California municipal corporation, the fee simple interest in the real property located at 16471 Paramount Boulevard, in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel 7102-027-019 & 7102-027-020, which is more particularly described in EXHIBIT “A” and depicted on EXHIBIT “B” to said Grant Deed, and all improvements and fixtures thereon and all rights of GRANTOR in and to adjacent streets, rights of way, and easements appurtenant thereto is hereby accepted by the undersigned officer on behalf of the City of Paramount pursuant to the authority conferred by the City Council of the City of Paramount and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: _______________, 2025 ______________________________ John Moreno, City Manager
Attest:
_______________________________
Heidi Luce, City Clerk
-1-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-2-
City of Paramount
16400 Colorado Avenue
Paramount, California 90723
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(California Government Code Section 27281)
This is to certify that the attached Grant Deed, which conveys in fee to the City of Paramount, a California municipal corporation, the fee simple interest in the real property located at 16471 Paramount Boulevard, in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel 7102-027-019 & 7102-027-020, which is more particularly described in EXHIBIT “A” and depicted on EXHIBIT “B” to said Grant Deed, and all improvements and fixtures thereon and all rights of GRANTOR in and to adjacent streets, rights of way, and easements appurtenant thereto is hereby accepted by the undersigned officer on behalf of the City of Paramount pursuant to the authority conferred by the City Council of the City of Paramount and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: _______________, 2025 ______________________________ John Moreno, City Manager
Attest:
_______________________________
Heidi Luce, City Clerk
13162-0011\3111633v10.doc
EXHIBIT “2”
FORM OF GRANT OF ACCESS EASEMENT
GRANT OF ACCESS EASEMENT − PAGE 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Paramount
16400 Colorado Avenue
Paramount, California 90723
Attention: City Clerk’s Office
[X] Portions of APNs 7102-027-904,
7102-027-906, 7102-027-019 & 7102-027-020
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Grant Deed is for the benefit of the City of Paramount, a municipal corporation and is exempt from Recording Fees pursuant to California Government Code Section 27383 and California Government Code Section 6103.
Documentary Transfer Tax is $0 (exempt; conveyance to a public entity).
GRANT OF ACCESS EASEMENT AGREEMENT
This GRANT OF ACCESS EASEMENT AGREEMENT is entered into by and between CITY OF PARAMOUNT, a California municipal corporation (“GRANTOR”) and PARAMOUNT GENERAL HOSPITAL COMPANY, a California limited partnership (“GRANTEE”). GRANTOR owns the (i) real property located at 16447 Paramount Boulevard and 16453 Paramount Boulevard in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel Numbers (APNs) 7102-027-906 and 7102-027-904 (“City Parcel”) and (ii) that certain real property GRANTOR purchased from GRANTEE located at 16471 Paramount Boulevard, in the City of Paramount, County of Los Angeles, State of California, and identified as portions of APNs 7102-027-019 and 7102-027-020 pursuant to that Grant Deed recorded concurrently with this Grant of Access Easement Agreement (“16471 Paramount Parcel”). The City Parcel and the 16471 Paramount Parcel are referred to below collectively as the “GRANTOR PROPERTY”.
FOR VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, GRANTOR hereby grants to “GRANTEE” that certain approximate _______ square foot access easement for ingress and egress on portions of GRANTOR PROPERTY described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” hereto (“ACCESS EASEMENT”) to benefit the real property owned by GRANTEE located at 16453 Colorado Avenue in the City of Paramount, and identified as Los Angeles County Tax Assessor’s Parcel Numbers 7103-025- 024, 7102-025-028, 7102-025-033 and 7102-025-038, the legal description of which is attached as EXHIBIT “A-1” hereto (“GRANTEE BENEFITTED PROPERTY”).
GRANT OF ACCESS EASEMENT − PAGE 2
GRANTEE shall indemnify and hold harmless GRANTOR from and against any losses, liabilities, damages, costs or expenses arising from the use or exercise of the ACCESS EASEMENT by GRANTEE, its successors, officials, employees, invitees, agents, or representatives or any guests or invitees of GRANTEE using said ACCESS EASEMENT to access the GRANTEE BENEFITTED PROPERTY. GRANTOR shall indemnify and hold harmless GRANTEE from and against any losses, liabilities, damages, costs or expenses arising from the use or exercise of the ACCESS EASEMENT by GRANTOR, its successors, officials, employees, invitees, agents, or representatives or any guests or invitees of GRANTOR using said ACCESS EASEMENT to access the GRANTOR PROPERTY or other property of GRANTOR.
GRANTEE shall not allow any liens to be placed on GRANTOR PROPERTY.
GRANTEE shall minimize any interference with GRANTOR’s use and enjoyment of the GRANTOR PROPERTY in connection with the use by GRANTEE of the ACCESS EASEMENT.
The obligations of GRANTEE with respect to the ACCESS EASEMENT shall be binding on GRANTEE, its successor’s assigns, and successor’s in interest.
The ACCESS EASEMENT described in EXHIBIT “A” and depicted on EXHIBIT “B” shall be an easement and covenant running with the GRANTOR PROPERTY to benefit the GRANTEE BENEFITTED PROPERTY and shall be binding on GRANTOR and its successors, assigns, and successors in interest.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed the GRANT OF ACCESS EASEMENT as of the date set forth below.
Dated: , 2025
GRANTEE
PARAMOUNT GENERAL HOSPITAL
COMPANY, a California limited partnership
By: _____________________________
Print Name: ______________________
Title: ____________________________
GRANT OF ACCESS EASEMENT − PAGE 3
Dated: __________________, 2025
GRANTEE
CITY OF PARAMOUNT, a municipal corporation
By:_______________________________
John Moreno, City Manager
Attest:
_________________________________
Heidi Luce, City Clerk
EXHIBIT “A-1” − LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY − 1 EXHIBIT “A-1”
LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
PARAMOUNT, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 3867 FILED IN BOOK 52, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL A1:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR PARKING PURPOSES OVER THE WESTERLY 30.00 FEET OF THE SOUTHERLY 330 FEET OF PARCEL 2, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 3867 FILED IN BOOK 52, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
LOT 4 IN BLOCK 78 OF CLEARWATER, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGES 51 THROUGH 54 INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION OF SAID LOT 4 INCLUDED WITHIN THE LINES OF HYNES IMPROVEMENT COMPANY’S TRACT, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C:
ALL OF LOTS 27 TO 29 INCLUSIVE AND THAT PORTION OF LOT 26 OF THE HYNES IMPROVEMENT COMPANY’S TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 26; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID LOT 26 A DISTANCE OF 45 FEET; THENCE NORTH 15 FEET; THENCE WEST 90 FEET; THENCE SOUTH 15 FEET TO THE SOUTHERLY LINE OF SAID LOT 26; THENCE WEST ALONG SAID SOUTHERLY LINE 15 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 26; THENCE NORTH 50 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 26; THENCE EAST ALONG THE NORTHERLY LINE OF SAID LOT 150 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 26; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID LOT, 50 FEET TO THE POINT OF BEGINNING.
EXHIBIT “A-1” − LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY − 2 PARCEL D:
THOSE PORTIONS OF LOTS 24 AND 25 OF HYNES IMPROVEMENT COMPANY’S
TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF
HARRISON STREET VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY ON JANUARY 17, 1910, AND ENTERED IN ROAD BOOK 11 PAGE 202, IN THE OFFICE OF SAID BOARD OF SUPERVISORS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25; THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 45 FEET; THENCE SOUTH PARALLEL WITH THE EASTERLY LINES OF SAID LOTS 24 AND 25 AND THEIR SOUTHERLY PROLONGATION 115 FEET TO THE NORTHERLY LINE OF HARRISON STREET; 50 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 7811, RECORDED IN BOOK 83, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE EAST ALONG SAID LAST MENTIONED NORTHERLY LINE, 45 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 24; THENCE NORTH ALONG SAID PROLONGATION AND THE EASTERLY LINES OF SAID LOTS 24 AND 25 A DISTANCE OF 115 FEET TO THE POINT OF BEGINNING.
PARCEL E:
LOTS 38 TO 45 INCLUSIVE OF HYNES IMPROVEMENT COMPANY’S TRACT, IN THE
CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THOSE PORTIONS OF COLORADO AVENUE, 80 FEET WIDE, AND THE ALLEY, 20 FEET WIDE, AS SHOWN ON THE ABOVE MEASURED
TRACT, VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY ON JANUARY 17, 1910 AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF SAID BOARD OF SUPERVISORS WITHIN THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE NORTHEAST CORNER OF LOT 38 OF SAID TRACT; THENCE EAST ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 38, A DISTANCE OF 13 FEET TO THE EASTERLY LINE OF THE WESTERLY 13 FEET OF SAID COLORADO AVENUE; THENCE SOUTH ALONG SAID EASTERLY LINE 200 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 29 OF SAID HYNES IMPROVEMENT COMPANY’S TRACT; THENCE EAST ALONG SAID PROLONGATION 67 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 29; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 29 AND THE SOUTHERLY PROLONGATION THEREOF 200 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 45; THENCE WEST ALONG SAID PROLONGATION TO AND ALONG SAID SOUTHERLY LINE, 230 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 45; THENCE SOUTH ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 45 A DISTANCE OF 100 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 68 OF SAID HYNES IMPROVEMENT COMPANY’S TRACT; THENCE WEST ALONG SAID PROLONGATION 20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 68; EXHIBIT “A-1” − LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY − 3 THENCE NORTH ALONG THE EAST LINE OF SAID LOT 68 AND THE NORTHERLY PROLONGATION THEREOF, 500 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 38; THENCE EAST ALONG SAID PROLONGATION TO AND ALONG THE NORTHERLY LINE OF SAID LOT 38, A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF THE ABOVE DESCRIBED LAND INCLUDED WITHIN THE LINES OF SAID LOTS 40 TO 42 INCLUSIVE.
PARCEL F:
THE WEST 56 FEET OF LOT 46 OF THE HYNES IMPROVEMENT COMPANY’S TRACT,
IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL G:
THAT PORTION OF LOT 47 OF HYNES IMPROVEMENT COMPANY'S TRACT, IN THE
CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND THAT PORTION OF HARRISON STREET, VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY ON JANUARY 17, 1910, AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF SAID BOARD OF SUPERVISORS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 47; THENCE NORTH ALONG THE WEST LINE OF SAID LOT, 50 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE EAST ALONG THE NORTHERLY LINE OF SAID LOT, 56 FEET TO THE WESTERLY LINE OF THE PROPERTY DESCRIBED IN CERTIFICATE OF TITLE NO. CV64760 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 65 FEET TO THE SOUTHWESTERLY CORNER OF SAID PROPERTY; THENCE WEST ALONG THE NORTHERLY LINE OF HARRISON STREET, 50 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 7811, RECORDED IN BOOK 83, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 466 FEET TO A LINE PARALLEL WITH AND 10 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF LOT 87 OF SAID HYNES IMPROVEMENT COMPANY’S TRACT; THENCE NORTH ALONG SAID LINE 15 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 87; THENCE
EASTERLY ALONG SAID PROLONGATION TO AND ALONG THE SOUTHERLY LINE OF SAID LOT 87 AND THE EASTERLY PROLONGATION THEREON, 410 FEET TO THE POINT OF BEGINNING.
PARCEL H:
ALL LOTS 68 TO 87, INCLUSIVE OF HYNES IMPROVEMENT COMPANY'S TRACT, IN
THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AND THOSE PORTIONS OF VERMONT AVENUE, 80 FEET WIDE, AND THE 20 FOOT ALLEY, AS SHOWN ON THE ABOVE
MENTIONED TRACT, VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY EXHIBIT “A-1” − LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY − 4 ON JANUARY 17, 1910, AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF SAID BOARD OF SUPERVISORS, WITHIN THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 68 OF SAID TRACT; THENCE NORTH ALONG THE EASTERLY LINES OF SAID LOTS 68 TO 77 INCLUSIVE 500 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 77; THENCE WEST ALONG THE NORTHERLY LINES OF SAID LOTS 77 AND 78 AND THE EASTERLY AND WESTERLY PROLONGATIONS THEREOF, 390 FEET TO THE INTERSECTION OF SAID WESTERLY PROLONGATION WITH THE CENTER LINE OF THE ALLEY ADJOINING SAID LOTS 78 TO 87, INCLUSIVE, ON THE WEST; THENCE SOUTH ALONG SAID CENTERLINE 500
FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 87; THENCE EAST ALONG SAID PROLONGATION AND THE SOUTHERLY LINES OF SAID LOTS 87 AND 68, AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINES OF SAID LOT 68, A DISTANCE OF 390 FEET TO THE POINT OF BEGINNING.
PARCEL I:
LOTS 36 AND 37 OF HYNES IMPROVEMENT COMPANY'S TRACT, IN THE CITY OF
PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO THE WESTERLY 13 FEET OF COLORADO AVENUE, 80 FEET, AS SHOWN ON
SAID MAP, VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY ON NOVEMBER 17, 1910, AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF
SAID BOARD OF SUPERVISORS, LYING BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTHERLY LINE OF SAID LOT 36, AND THE SOUTHERLY LINE OF LOT 37.
ALSO THE EASTERLY 10 FEET OF THAT PORTION OF THE 20 FOOT ALLEY, VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY ON NOVEMBER 17, 1910, AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF SAID BOARD OF
SUPERVISORS, ADJOINING ON THE WEST AND LYING BETWEEN THE WESTERLY PROLONGATIONS OF THE NORTHERLY LINE OF SAID LOT 36, AND THE SOUTHERLY LINE OF SAID LOT 37.
EXCEPT THOSE PORTIONS OF SAID LOT 36, AND THE WESTERLY 13 FEET OF SAID
COLORADO AVENUE, INCLUDED WITHIN THE LINES OF THE LAND DESCRIBED IN PARCEL 2 OF THE DEED TO THE CITY OF PARAMOUNT, RECORDED ON OCTOBER 09, 1963 AS INSTRUMENT NO. 1395, IN BOOK D-2211, PAGE 832 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL J:
LOTS 40, 41 AND 42 OF THE HYNES IMPROVEMENT COMPANY’S TRACT, IN THE CITY
OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL K:
THOSE PORTIONS OF LOTS 24, 25 AND 26 OF THE HYNES IMPROVEMENT COMPANY’S TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, GRANT OF ACCESS EASEMENT − PAGE 5
STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS; AND THOSE PORTIONS OF COLORADO AVENUE AND HARRISON STREET, AS
SHOWN ON MAP VACATED BY THE BOARD OF SUPERVISORS OF SAID COUNTY, JANUARY 17, 1910, AND ENTERED IN ROAD BOOK 11, PAGE 202, IN THE OFFICE OF THE SAID BOARD OF SUPERVISORS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF HARRISON STREET, AS SHOWN ON MAP OF TRACT NO. 7811, RECORDED IN BOOK 83, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, DISTANT EAST 107 FEET FROM THE
INTERSECTION OF SAID NORTHERLY LINE WITH THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF LAKE AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 7811; THENCE EAST 172 FEET ALONG THE SAID NORTHERLY
LINE TO A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOTS WHICH PASSES THROUGH A POINT IN THE SOUTHERLY LINE OF SAID LOT 26, DISTANT WEST 45 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 26; THENCE ALONG SAID PARALLEL LINE NORTH 115 FEET TO SAID SOUTHERLY LINE OF LOT 26; THENCE NORTH AT RIGHT ANGLES TO SAID SOUTHERLY LINE, A DISTANCE OF 15 FEET; THENCE WEST 90 FEET; THENCE SOUTH 15 FEET TO SAID SOUTHERLY LINE; THENCE WEST 82 FEET TO A LINE PARALLEL WITH SAID NORTHERLY PROLONGATION WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTH 115 FEET TO THE POINT OF BEGINNING.
PARCEL L:
THOSE PORTIONS OF LOTS 46 AND 47 OF HYNES IMPROVEMENT COMPANY’S
TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE
PORTIONS OF COLORADO AVENUE AND HARRISON STREET (VACATED) AS SAID
STREET AND AVENUE ARE SHOWN ON THE MAP OF SAID TRACT, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF HARRISON STREET, 50 FEET WIDE AS SHOWN ON THE MAP OF TRACT NO. 7811, AS PER MAP RECORDED IN BOOK 83, PAGE 14 OF MAPS, RECORDS OF SAID COUNTY,
WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LAKE AVENUE, 50 FEET WIDE AS SHOWN ON THE MAP OF SAID TRACT NO. 7811; THENCE ALONG SAID PROLONGATION NORTH 00°24’40” WEST 115.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE OF HARRISON STREET, NORTH 89°35’20” EAST 62.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PARALLEL WITH SAID NORTHERLY LINE, NORTH 89°35’20” EAST 45.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY PROLONGATION, SOUTH 00°24’40” EAST 115.00 FEET TO SAID NORTHERLY LINE; THENCE ALONG SAID HARRISON STREET SOUTH 89°35’20” WEST 45.00 FEET TO A LINE THAT IS PARALLEL WITH SAID
NORTHERLY PROLONGATION AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, NORTH 00°24’40” WEST 115.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL M:
EXHIBIT “A-1” − LEGAL DESCRIPTION OF GRANTEE BENEFITTED PROPERTY − 6 THOSE PORTIONS OF LOTS 46 AND 47 OF HYNES IMPROVEMENTS COMPANY’S
TRACT, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 113 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER AND OF HARRISON STREET VACATED AS SHOWN ON SAID MAP DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF HARRISON
STREET WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LAKE AVENUE BOTH AS SHOWN ON THE MAP OF TRACT NO. 7811, RECORDED IN BOOK 83, PAGE 14 OF MAPS, OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID NORTHERLY PROLONGATION, NORTH 00°24’40” WEST 115 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE OF HARRISON STREET, NORTH 89°35’20” EAST 62 FEET; THENCE PARALLEL WITH SAID NORTHERLY PROLONGATION SOUTH 00°24’40” EAST 115 FEET; THENCE SOUTH 89°35’20” WEST 62 FEET TO THE POINT OF BEGINNING.
PARCEL N:
THAT PORTION OF THE ALLEY, IN THE CITY OF PARAMOUNT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, VACATED BY RESOLUTION NO. 02:015 ADOPTED BY CITY COUNCIL OF THE CITY OF PARAMOUNT ON MAY 07, 2002, A CERTIFIED COPY OF WHICH RECORDED OCTOBER 29, 2002 AS INSTRUMENT NO. 02-2572031 OF
OFFICIAL RECORDS, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF THE ABOVE DESCRIBED PARCELS 2, 3, 4 AND 16.
APN: 7103-025-024
APN: 7102-025-028
APN: 7102-025-033
APN: 7102-025-038
EXHIBIT “A-2”− ROUGH DEPICTION OF ACCESS EASEMENT AREA
EXHIBIT “A-2”
ROUGH DEPICTION OF LOCATION OF ACCESS
EASEMENT INCLUDED ONLY FOR PURPOSES OF
PURCHASES AND SALE AGREEMENT − RECORDED
GRANT OF ACCESS EASEMENT WILL INCLUDE
LEGAL DESCRIPTION AND PLAT MAP OF ACCESS
EASEMENT AREA AT EXHIBIT “A” AND EXHIBIT “B”
AND THIS EXHIBIT “A-2” WILL BE REMOVED
EXHIBIT “A” − LEGAL DESCRIPTION OF ACCESS EASEMENT
EXHIBIT “A”
LEGAL DESCRIPTION OF ACCESS EASEMENT
EXHIBIT “B” − DEPICTION OF ACCESS EASEMENT
EXHIBIT “B”
DEPICTION OF ACCESS EASEMENT
-1-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-2-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
13162-0011\3111633v10.doc
EXHIBIT “3”
CODE OF CIVIL PROCEDURES SECTION 1245.245
State of California
CODE OF CIVIL PROCEDURE
Section 1245.245
1245.245. (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. The resolution shall contain all of the following:
(1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the new use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (b) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) and (g), unless the governing body adopts a resolution according to the terms of subdivision (a) or a resolution according to the terms of this subdivision reauthorizing the existing stated public use of the property by a vote of at least two-thirds of all members of the governing body of the public entity or a greater vote as required by statute, charter, or ordinance. A reauthorization resolution under this subdivision shall contain all of the following:
(1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification.
(3) A declaration that the governing body has found and determined each of the following:
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution sought pursuant to subdivision (a) or (b) shall comply with Section 1245.235 and shall be sent to each person who was given notice required by Section 1245.235 in connection with the original acquisition of the property by the public entity.
(d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by Section 1085.
(e) The following property acquisitions are subject to the requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property.
(3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain. (f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity’s failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows:
(1) At the present market value, as determined by independent licensed appraisers. (2) For property that was a single-family residence at the time of acquisition, at an affordable price, which price shall not be greater than the price paid by the agency for the original acquisition, adjusted for inflation, and shall not be greater than fair market value, if the following requirements are met:
(A) The person or persons from whom the property was acquired certify their income to the public entity as persons or families of low or moderate income. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency.
(C) If the single-family residence is offered at a price that is less than fair market value, the public entity shall impose terms, conditions, and restrictions to ensure that the residence will either:
(i) Remain owner-occupied by the person or persons from whom the property was acquired for at least five years.
(ii) Remain available to persons or families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income for the longest feasible time, but for not less than 55 years for rental units and 45 years for home ownership units. (D) The Department of Housing and Community Development shall provide to the public entity recommendations of standards and criteria for those prices, terms, conditions, and restrictions.
(g) If after a diligent effort the public entity is unable to locate the person from whom the property was acquired, if the person from whom the property was acquired does not choose to purchase the property as provided in subdivision (f), or if the public entity fails to adopt a resolution as required pursuant to subdivision (a) or (b) but is not required to offer a right of first refusal pursuant to subdivision (f), the public entity shall sell the property as surplus property pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(h) If residential property acquired by a public entity by any means set forth in subdivision (e) is sold as surplus property pursuant to subdivision (g), and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of its sale as surplus property, the public entity shall pay to the person or persons from whom the public entity acquired the property the sum of any financial gain between the original acquisition price, adjusted for inflation, and the final sale price.
(i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue. (j) At least 60 days before selling the property pursuant to subdivision (g), the public entity shall make a diligent effort to locate the person from whom the property was acquired. At any time before the proposed sale, the person from whom the property was acquired may exercise the rights provided by this section. As used in this section, “diligent effort” means that the public entity has done all of the following:
(1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll. (3) Published the notice of the proposed sale pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the city or county in which the property is located.
(4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located.
(5) Posted the notice of the proposed sale on the property proposed to be sold. (k) For purposes of this section, “adjusted for inflation” means the original acquisition price increased to reflect the proportional increase in the Consumer Price Index for all items for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from the date of acquisition to the date the property is offered for sale.
(Amended by Stats. 2007, Ch. 130, Sec. 36. Effective January 1, 2008.)