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RESOLUTION NO. 2026-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A PUBLIC RIGHT-OF-WAY
LICENSE AGREEMENT WITH TORRANCE BLACK
BEAUTY, LLC FOR THE INSTALLATION OF SECURITY
FENCING AND LANDSCAPING WITHIN PORTION OF
THE PRAIRIE AVENUE RIGHT-OF-WAY (ADJACENT TO
APNs 7352-015-005 and 7352-015-006).
WHEREAS, the City of Torrance, California ("City"), is the owner of certain right-of-way known as Prairie Avenue; and
WHEREAS, Torrance Black Beauty, LLC ("Licensee") is the owner of certain real properties situated in the City of Torrance identified as Assessor's Parcel Numbers (APN) 7352-015-005 and 7352-015-006 ("Property'"); and
WHEREAS, Licensee intends to develop the Property into an industrial warehouse development to be known as the Del Amo Technolo_gy Center; and
WHEREAS, the City and Licensee desire to improve security along Prairie Avenue affecting the City's right-of-way and Licensee's Property through the installation of an 8-foot security fence, landscaping maintenance, and debris management ("Improvements"); and WHEREAS, the City and Licensee have negotiated a Public Right-of-Way License Agreement ("License") which grants Licensee a non-exclusive, revocable license for a maximum term of five (5) years to install and maintain said Improvements within the Licensed Premises; and WHEREAS, the City Council finds that granting this License is in the best interest of the City as it enhances area security and ensures the maintenance of the public right-of-way at the Licensee's sole expense; and
WHEREAS, the proposed License is categorically exempted from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land), as the project consists of -minor security improvements and landscaping with negligible environmental impact
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. The City Council finds and declares that the foregoing recitals are true and correct and are incorporated into this Resolution as if fully set forth herein.
2. The City Council hereby approves the Public Right-of-Way License Agreement between the City of Torrance and Torrance Black Beauty, LLC for the use of portions of Prairie Avenue, substantially in the form presented to the City Council , together with any non-substantive or minor modifications approved by the City Manager or the City Manager's designee , in consultation w ith the City Attorney.
3. The Mayor is hereby authorized and directed to execute , and the City Clerk to attest, the License Agreement and any related documents necessary to effectuate the terms of said License.
4. The City Council finds the License is exempt from the California Environme nta l Quality Act pursuant to CEQA Guidelines Sections 15303 and 15304 and directs staff to file any necessary notices in accordance with CEQA.
5. This Resolution shall take effect immediately upon its adoption.
INTRODU CED , APPROVED, and A DOPT ED this 7th day of April 2026 . eorge K. Chen
APPROVED AS TO FORM:
PATRICK Q . SULLIVAN , City Attorney
Exhibit A-Public Right-of-Way License Agreement
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TORRANCE CITY COUNCIL RESOLUTION NO. 2026-29
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
ss
I, Rebecca Poirier, City Clerk of the City of Torrance , California , do hereby certify that the foregoing resolution was duly introduced, approved , and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 7th day of April 2026 by the following roll call vote :
AYES : COUNCILMEMBERS
NOES : COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Date:_Y ----+---'--\ \ ~-'--'---"I ?lf_
Gerson , Kaji , Kalani , Lewis, Mattucci , Sheikh , and Mayor Chen.
None.
None.
None.
City Clerk of the City cf Torrance
PUBLIC RIGHT OF WAY LICENSE AGREEMENT
THIS PUBLIC RIGHT-OF-WAY LICENSE AGREEMENT ("LICENSE") is made and entered into this_ day of ____ ~ 20_, between the CITY OF TORRANCE, a municipal corporation ("CITY") and Torrance Black Beauty, LLC, a Delaware Limited Liability Company, ("LICENSEE").
The CITY and LICENSEE may be singularly referred to herein as the Party or collectively referred to herein as the Parties.
RECITALS
Exhibit A
A. CITY is the owner of certain right-of-way known as Prairie Avenue, which is located adjacent to the LICENSEE's Property; and
B. LICENSEE is owner of certain real properties situated in the City of Torrance, County of Los Angeles, State of California, identified as accessor parcel number (APN): 7352-015-005 and 7352-015-006 ("Property"); and '
C. LICENSEE intends to apply to the City to develop the Property into an industrial warehouse development to·oe known as the Del Amo. Technology Center; and ' • ..c.
D. CITY and LICENSEE wish to improve se~urity along Prairie Avenue affecting said CITY's right-of-way and •i]CENSEE's property; and
E. CITY consents to allow LICENSEE to use portions of the Prairie Avenue right-of-way for the purposes of installation ofan 8-foot security fence ("Improvements"), landscaping maintenance, modification, and replacement, and weed and debris management, herein included as Exhibit B; and
F. LICENSEE is required to obtain all necessary permits and pay all fees prior to performing any work in the CITY's right-of-way; and
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and other good and valuable consideration, the sufficiency of which are hereby acknowledged, the CITY and LICENSEE agree as follows:
!.: PREMISES
CITY grants LICENSEE a License for the installation, maintenance, repair and replacement of security fencing and landscaping within portions of the City's right-of-way known as Prairie Avenue depicted on Exhibit B, attached hereto and incorporated herein by reference (the "Licensed Premises"). As this License only creates a license, each Party's rights and obligations stated hereunder are exclusively contractual. Thus, each Party agrees and understands that this License does not create a real property interest of any kind or nature, or any type of possessory real estate or possessory interest in the Licensed Premises. The entire Licensed Premises shall be for the use of Licensee, its employees, agents, servants and invitees for any lawful purposes associated with the maintenance and lawful use of the Improvements.
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~ PURPOSE
The Licensed Premises may be occupied and used by LICENSEE solely for the purposes of area security, including but not limited to security fencing, lighting, and camera surveillance, landscape maintenance, modification, and replacement, and weed and debris management. 1 CONDITION OF THE LICENSED PROPERTY
LICENSEE acknowledges that it has inspected and accepts the Licensed Premises in its as-is and present condition and acknowledges it is suitable for the use for which this License is granted. ~ TERM
This license will commence as of the date written above, hereinafter referred to as the Effective Date, and it shall continue for up to a maximum of five (5) years, or until the LICENSE is terminated by either party upon thirty (30) days written notice to the other party, whichever comes first. ~ UTILITIES
If the improvements are connected to any utilities (e.g. water or electricity), Licensee shall be responsible for complying with all rules and paying all rates and costs established by the utility providers. §: NOTICE
Addresses for purpose of giving notice are as follows:
LICENSEE:
CITY:
Copy to:
7..,, INDEMNIFICATION
Torrance Black Beauty, LLC
c/o Prologis, Inc.
Attn: Jaime Bauer
17777 Center Court Dr N, Ste 100
Cerritos California 90703
Email: [email protected]
[email protected]
City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
City Manager's Office
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Email: [email protected]
Each party (LICENSEE and CITY) will indemnify, defend, and hold harmless the other Party from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages 2 whatsoever arising from a breach of this License, damage caused to the Licensed Premises by the negligence or willful misconduct of the other Party, or any claim, lawsuit, or cause of action arising out of any act or omission by the other Party that occurs within the scope of this License. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of either Party, its officers, employees, agents, sublicensees or vendors.
_t INSURANCE
A. LICENSEE must maintain at its sole expense the following insurance, which will be full coverage not subject to self-insurance provisions:
1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits ofliability:
a. Combined single limits of $2,000,000 per occurrence.
2. Commercial General Liability including coverage for premises, products and completed operations, independent LICENSEEs/vendors, personal injury and contractual obligations with limits of at least two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in aggregate.
3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of ($1,000,000) per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the LICENSEE, its employees, agents and subLICENSEEs.
B. The insurance provided by LICENSEE will be primary and non-contributory.
C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies. Additional insured coverage endorsement must apply to all work performed by LICENSEE.
D. LICENSEE must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate insurance, to the City Clerk of the City of Torrance before the commencement of work.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F.
G.
LICENSEE must include all subLICENSEEs as insureds under its policies or must furnish separate certificates and endorsements for each subLICENSEE. All coverage for subLICENSEEs will be subject to all of the requirements of this Paragraph 8.
If the LICENSEE maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the LICENSEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 3 I
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H. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the LICENSEE.
I.
J.
LICENSEE hereby grants to CITY a waiver of any right to subrogation which any insurer of said LICENSEE may acquire against the CITY by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
In the event the Risk Manager determines that the work or services to be performed under this License creates an increased or decreased risk ofloss to CITY, the LICENSEE agrees that the minimum limits of any insurance policies or performance bonds required by this License may be changed accordingly upon receipt of written notice from the Risk Manager; provided that LICENSEE will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within IO days of receipt of notice from the Risk Manager.
9. MAINTENANCE
A. Security and maintenance (including dust control) of the site shall be the responsibility of the LICENSEE. LICENSEE agrees to maintain the site in a neat and sanitary condition. LICENSEE will maintain the site for dust control and insure that the premises are clean of all debris, surplus construction materials, and any hazardous materials ( oil, fuel, etc.) at all times. Additionally, LICENSEE agrees to repair damage to surface paving, and/or existing fencing caused by LICENSEE'S operations. LICENSEE agrees to maintain all grass and vegetation and remove all weeds within the licensed premises. If after written notice to LICENSEE from CITY and a failure by LICENSEE to perform the work or correct the failure within thirty (30) days after receipt of such notice, CITY may elect to implement the repairs, maintenance and/or cleanup and reasonable out of pocket expenses incurred by CITY for such repairs, maintenance and/or cleanup will be paid by LICENSEE; provided CITY provides invoices and reasonable supporting documentation to LICENSEE of the same.
B.
C.
As the Improvements will be a part ofCITY's public right of way, LICENSEE is expected to maintain the Improvements in an acceptable matter. Upon notice of any deficiency in the Improvements, either a) by CITY; orb) by its own observation; or c) by any other means, LICENSEE shall take action as soon as possible, but not later than fifteen (I 5) working days after the mailing date of written notice from CITY to correct the deficiency and to protect the safety of the traveling public. In the event LICENSEE, for any reason, does not or cannot correct the deficiency within fifteen (15) working days of written notice as contemplated above, or demonstrate that action satisfactory to cure such default has been commenced and will be completed in a timely manner, or otherwise demonstrated that no deficiency exists, Licensor reserves the right to correct the deficiency and to bill LICENSEE for actual costs of such work.
LICENSEE shall pay any such bill within forty-five (45) days after receipt. Under these circumstances, CITY shall only correct the deficiency to the extent it affects use of the right of way and/or the public's health, safety, and welfare.
As part of its normal street maintenance, the CITY may drive across or work adjacent to the Licensed Premises. Though CITY shall take reasonable care when doing so, CITY shall not be responsible to Licensee for any damage to the Improvements that may occur in the course of maintenance or repair work adjacent to the Licensed Premises, except to the extent caused by CITY's negligence or willful misconduct.
4 D.
E.
CITY shall not be liable to LICENSEE in the event of an emergency, such as a fire, flood or other natural cause which damages the Licensed Premises or the Improvements. In the event the Licensed Premises are damaged due to a natural disaster, it shall be the sole responsibility and cost of LICENSEE to return the Licensed Premises and, if it so elects, in its sole discretion, the Improvements, to their condition prior to the damage as is reasonably practicable. If LICENSEE chooses not to replace or repair the Improvements, it shall have the right, in its sole discretion, to terminate the License per the terms thereof.
LICENSEE agrees to comply with all applicable Federal, State, County and City statutes, ordinances, rules, laws or regulations (collectively, "Laws") applicable to the Licensed Premises or LICENSEE 's exercise of its rights under this License.
F. If LICENSEE fails to maintain the licensed premises or pay CITY's reasonable costs as provided in this Section 9, CITY shall provide written notice to LICENSEE (electronic mail shall be acceptable for notice under this Section 9F) of such failure ("Failure Notice").
LICENSEE shall have thirty (30) days to remedy the failure identified in the Failure Notice ("Cure Period"). !fat the end of the Cure Period LICENSEE has not remedied the failure identified in the Failure Notice, CITY may, at its discretion, tenninate this Agreement with written notice thereof to LICENSEE. If this Agreement is terminated by the CITY, CITY and LICENSEE shall have no further rights or obligations under this Agreement except as may expressly survive termination.
IO. SECURITY FENCING
E. LICENSEE shall design and construct along and outside of its Prairie Ave property boundary on the Licensed Premises, two enclosed areas of existing public right-of-way by use of an eight (8) foot tall wrought iron security fence ("Fence"). A typical detail of said Fence, including specifications, is shown in Exhibit C. A layout of the Fence around the two (2) areas is shown in Exhibit C. One area (''North Area") will be constructed north of the new LICENSEE driveway on Prairie Ave and the second area ("South Area") will be constructed south of the new LICENSEE driveway on Prairie Ave. Each area shall be accessible by way of its own designated gate with a minimum opening width of twelve (12) feet. The location of each gate shall be agreed upon by the CITY and LICENSEE. Both the CITY and LICENSEE will have access to North Area and South Area at all times and independent of each other.
F. LICENSEE is solely responsible to furnish, install, maintain, repair and replace the Fence for as long as this License is in place to the satisfaction of the City Engineer.
G.
H.
Prior to removing existing Trees/Mature vegetation or planting new landscape materials within the Licensed Premises, LICENSEE shall coordinate with the City Engineer and City Streetscape Manager, however no approvals or consents are required from CITY. LICENSEE is solely responsible to furnish, install, maintain, repair and replace the landscaping for as long as this License is in place.
Working hours at the site shall be 7:00 AM to 6:00 PM from Monday-Friday and 9:00 AM to 5:00 PM on Saturday-Sunday. Any Sunday Work requires 2 weeks' written notice to LICENSOR: limited from 9:00 AM to 5:00 PM. The working hours set forth in this paragraph may be changed only with prior written approval from the CITY. 5 I
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.to. LIMITS OF LICENSE
It is understood that the permission granted in this LICENSE is in no way to be construed by LICENSEE as permission to otherwise enter upon CITY'S other property for any purpose.
11. LIENS
LICENSEE will fully and promptly pay for all materials joined or affixed to the Licensed Property or CITY property, and fully and promptly pay all persons who perform labor upon the Licensed Premises.
LICENSEE will not suffer or permit to be filed or enforced against the Licensed Premises, or any part thereof, any mechanics', materialmen's contractors', or subcontractors' liens or stop notices arising from, or any claim for damages growing out of work conducted in the Licensed Premises on behalf of LICENSEE. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with reasonable attorney's fees incurred by CITY with respect thereto, within 10 business days after notice thereof and shall indenmify, hold harmless, and defend CITY from all obligations and claims made against the CITY for the work on the Licensed Premises, including reasonable attorney's fees. LICENSEE shall furnish evidence of payment upon request of CITY.
LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to CITY in compliance with applicable California law. If LICENSEE does not discharge any mechanic's lien or stop notice for works performed for LICENSEE, CITY shall have the right to discharge same (including by paying the claimant) and LICENSEE shall reimburse CITY for the cost of such discharge within IO business days after billing. CITY reserves the right at any time to post and maintain on the Licensed Premises such notices as may be necessary to protect CITY against liability for all such liens and claims. The provisions of this section shall survive the termination of this License.
12. ABANDONMENT
Should LICENSEE at any time abandon the use of the Licensed Premises, or any part thereof, or fail at any time for a continuous period of 90 days to use the same for the purposes contemplated herein, then this License shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, CITY shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this License.
13.BREACH
Should LICENSEE breach, or fail to keep, observe or perform any agreement, covenant, term, or condition on its part contained herein, then, in addition to any other available rights and remedies, CITY at its options may:
(a) perform any necessary or appropriate corrective work at LICENSEE's expense, which LICENSEE agrees to pay to CITY upon demand, or
(b) with or without written notice or demand, immediately terminate this License Agreement and at any time thereafter, recover possession of the Licensed Property or any part thereof, and expel and remove therefrom LICENSEE and any other person occupying the Licensed Property by lawful means, and again repossess and enjoy the Licensed Property, without any prejudice to any of the remedies that CITY may have under this License Agreement, at law or equity by reason ofLICENSEE's default or of such termination. 6 14. SURRENDER
Upon termination of this License, LICENSEE may elect to leave all Improvements in place and such Improvements will become property of CITY. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date LICENSEE's property is removed and the Licensed Property and CITY property is restored except in the event of gross negligence or willful misconduct by the CITY.
15. TAXES
If, pursuant to California Revenue and Taxation Code § I 07 .6, this License Agreement creates a taxable possessory interest, LICENSEE is responsible to pay taxes for possessory interests if assessed.
LICENSEE agrees to pay before delinquency all taxes, including but not limited to property taxes and possessory interest taxes, that may be levied against its interest in the Leased Premises or that become a lien against the Licensed Property or its interest during the term of this Lease.
16. INTEGRATION; AMENDMENT
This License represents the entire understanding of CITY and LICENSEE as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this License. The License may not be modified or altered except in writing signed by both parties.
17. INTERPRETATION
The terms of this License should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this License or any other rule of construction that might otherwise apply.
18. SEVERABILITY
If any part of this License is found to be in conflict with applicable Laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable Laws, but the remainder of the License will remain in full force and effect.
19. GOVERNING LAW; JURISDICTION
This License will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the License will be in Los Angeles County, California.
20. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party's consent or approval of any act by the other party requiring the party's consent or approval will not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this License.
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21. ATTORNEY'S FEES
Except as provided for in Paragraph 7, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this License (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this License, the prevailing party will be awarded reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
22. AUTHORITY TO EXECUTE
The persons executing this License on behalf of the LICENSEE and CITY warrant that (i) the LICENSEE is duly organized and existing; (ii) they are duly authorized to execute this License on behalf of the LICENSEE and CITY;
(iii) by so executing this License, the LICENSEE and CITY are formally bound to the provisions of this License; and
(iv) the entering into this License does not violate any provision of any other License to which the LICENSEE OR CITY is bound.
23. ASSUMPTION OF RISK AND WAIVER
To the maximum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Licensed Premises,. LICENSEE's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Licensed Premises, accident or fire or other casualty on the Licensed Premises,. The term "CITY" as used in this section shall include: (i) any transit or rail-related company validly operating upon or over CITY's roads or other property, and (ii) any other persons or companies employed, retained or engaged by CITY. LICENSEE, as a material part of the consideration for this License, hereby waives all claims and demands against CITY for any such loss, damage or injury of LICENSEE, except to the extent such claims and demands arise from or are caused by the gross negligence or willful misconduct of CITY. In that connection, LICENSEE waives the benefit of California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
The provisions of this section shall survive the termination of this License.
24. TESTS AND INSPECTIONS
CITY shall have the right at any time to inspect the Licensed Premise so as to monitor compliance with this License. If, in CITY's sole judgment, any installation on, or use or condition of the Licensed Property may have an adverse effect on the CITY Property, adjacent property (whether or not owned by CITY) or CITY operations, CITY shall be permitted to conduct any tests or assessments, including but not limited to environmental assesses, of, on or about the Licensed Property, as it determines necessary or useful to evaluation the condition of the Licensed Property. LICENSEE shall cooperate with CITY in any tests or inspections deemed necessary by CITY. LICENSEE shall pay or reimburse CITY, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter.
8 25. HAZARDOUSffOXIC MATERIALS USE AND INDEMNITY
LICENSEE shall operate and maintain the Licensed Premises in compliance with all Laws, and shall not cause a release of Hazardous Materials on the Licensed Premises in violation of any environmental, health and/or safety-related Laws, standards, decisions of the courts, permits or permit conditions, current existing or as amended or adopted in the future which are or become applicable to LICENSEE or the Licensed Premises ("Environmental Laws"). Except for Hazardous Materials expressly approved by CITY in writing as shown on Exhibit "B", LICENSEE shall not cause or permit, or allow any of LICENSEE's Parties to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the CITY Property. As used herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects.
~ UNDERGROUND STORAGE TANKS
Neither LICENSEE nor LICENSEE's parties shall install or use any underground storage tanks on the Licensed Premises unless specifically approved in advance in writing by City, which approval may be withheld in City's sole discretion.
27. CONDEMNATION
In the event all or any portion of the Licensed Premises shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), this License shall terminate and be of no further force or effect and the LICENEE and CITY shall have no further rights or obligations under this License except as may explicitly survive such termination under this License.
28. GENERAL PROVISIONS
lh Non-Exclusive License. The license granted herein is intended to be exclusive; provided however CITY specifically reserves the right to grant other limited licenses within the Licensed Property only to the extent required for utility service and repair to the bridge adjacent to the Licensed Property. CITY shall provide to LICENSEE a copy of any such licenses granted and licensees under such licenses shall be required to cooperate with LICENSEE when accessing the Licensed Property.
b. Interest of Past-due Obligations. Except as expressly herein provided, any amount due to CITY which is not paid when due shall bear interest, from the due date, at the maximum rate then allowable by law. Such interest will be due to CITY as it accrues. Payment of such interest shall not excuse or cure any default by LICENSEE under this License, provided, however, that interest shall be payable on late charges incurred by LICENSEE. g. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the expiration or earlier termination of the Term of this License shall survive the expiration or earlier termination of this License, including without limitation, and all obligations concerning the condition of the Licensed Premises. 9 I
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lh Tennination for Public Proje~f. LICENSEE hereby e~pressly recognizes and agrees that the Licensed Premise is located on CITY property that may be developed for public projects and programs which may be implemented by CITY or other public agencies, such as, but not limited to: highways, streets, sidewalks, pipelines (including but not limited to sewer, water, gas, and stormwater), utilities, conduits, rail and bus transitways, bikeways, walkways, beautification projects and other public uses (collectively "Project''), and that LICENSEE's use of the Licensed Premises under this License is an interim use for the tenn of this License only.
l<,. No Recording. LICENSEE shall not record or permit to be recorded in the official records of the county where the Licensed Premises is located, this License, any memorandum of this License or any other document giving notice of the existence of this License or the license granted hereby.
f,_ Revocable License. LICENSEE agrees that notwithstanding the Improvements made by LICENSEE to the Licensed Premises or other sums expended by LICENSEE in furtherance of this License, the License granted herein is revocable by CITY in accordance with the terms of this License.
& Governmental Capacity of City. CITY is entering into this License in its proprietary capacity as owner of right-of-way, not in its governmental capacity, and nothing in this License shall waive or alter any ofCITY's rights or powers in its governmental capacity. [Signatures on Following Page)
IN WITNESS WHEREOF, CITY and LICENSEE have executed this LICENSE as of the date first written above.
CITY OF TORRANCE,
a municipal corporation
Aram Chaparyan
City Manager
APPROVED AS TO FORM:
PATRICKQ. SULLIVAN
City Attorney
By:
Tatia Y. Strader
Assistant City Attorney
Attachments: Exhibit A -Legal Description
Exhibit B -Licensed Premises
Exhibit C -Fence Detail
TORRANCE BLACK BEAUTY, LLC
a Delaware Limited Liability Company
By: Prologis, L.P.
a Delaware limited partnership
its sole member
By: Prologis, Inc.
a Maryland corporation
its general partner
By:--------
Name: Nicole Torstvet
Title: VP, Development-Entitlements
Exhibit D -Permitted Hazardous Materials
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Exhibit A
Legal Description
12 EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF PRAIRIE AVENUE IN THE CITY OF TORRANCE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE, IN THE WESTERLY LINE OF PARCEL 2, OF PARCEL MAP NO. 6266, IN THE CITY OF TORRANCE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 100, PAGES 61 THROUGH 64, INCLUSIVE OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SHOWN AS HAVING A BEARING AND DISTANCE OF "NORTH 00"03'40" EAST 714.82' "ON SAID PARCEL MAP NO. 6266; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING TWO COURSES:
1) NORTH 00"03'40" EAST 714.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1100.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 83"00'06" WEST;
2) THENCE NORTHERLY 512.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26"40'34" TO THE BEGINNING OFA CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1100.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 56"19'32" WEST, SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF SAID PARCEL 2;
THENCE LEAVING SAID WESTERLY LINE 21.19 FEET CONTINUING ON SAID CURVE THROUGH A CENTRAL ANGLE OF 01°06'14"';
THENCE NORTH 48"00'40" WEST 70.19 FEET;
THENCE SOUTH 27'01'43" WEST 95.22 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1160.00 FEET;
THENCE SOUTHERLY 573.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'19'41"; THENCE SOUTH 01 '17'58" EAST 384.65 FEET;
THENCE SOUTH 00'00'30" EAST 207.39 FEET TO THE BEGINNING OFA TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY 38.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87'45'03" TO THE POINT OF BEGINNING.
CONTAINING 1.069 ACRES, MORE OR LESS.
SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHTS OF WAY OF RECORD IF ANY.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
ALEX CALDER
P.L.S. 8863
4/9/2024
DATE
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Exhibit B
Premises
13 LINE DATA
L1 N48"00'40"W
L2 N27"01'43"E
L3 Noo·oo•3o"w
L4 N89'57'20"W
L5 NB9"57'20"W
L6 N28"44'56"E
CURVE DATA
Cl !F=01 "06'14"
C2 !F=2879'41"
C3 !F=87"45'03"
C4 !F=22"30'33"
70.19'
95.22'
207.39'
5.00'
102.95'
127.83'
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON
ARE BASED ON THE WESTERLY
LINE OF PARCEL 2 OF PARCEL
MAP NO. 6266 RECORDED IN
BOOK 100, PAGE 61-64,
OFFICIAL RECORDS.
PREPARED UNDER MY DIRECTION
/q~~~
ALEX CALDER
DATE: 4/9/2024
P.L.S. 8863
Kimley>>> Horn
100 TO\\N AND COUN1RY ROAD, SUl1E 700
ORANGE, CA 92B6B
PHONE: 714--939-1031
WWW.KIM LEY-HORN.COM
EXHIBIT "B"
NORTH
/fJ !il/Jf©/g/1. ~
/fJ/iJ/Jf©tg/1. IM/J!./fJ /JI/@. @?J@@
ffeJ./MJ.~. '(/@@/@'(/c~,(J
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Exhibit C
Fence Details
14 ,,_,, ....... f'__,__'f ---8'------"
L, ~ >-f-t:: I= L-'-'-~
J0 ->-~. -V " q':
-,rr--1---~
8'
~Fv
-~ f-~ ~ ~ ~ f->-~ -~ -,.~ ~ f-~ f-~ ~ f-~ ~ -~ -
3'
l L
,~1·----,I,
HOT DIP GALVANIZED & BLACK POWDER COATED
... -
1' 'xl 11 xl4•
cady cane~
o.c, with~
with
at 5"
-
7" barrel hinge -i-
8'
~ ~ ~
~ ~ ~ ~
3'
-
HOT DIP GALVANIZED & BLACK POWDER COATED
--
-
111 X l"x14ga~
-21 /2" X 2 1/2" X 11ga
pest
,r--fork latch
2"x 211 x 11ga frame
ExhibitD
Permitted Hazardous Materials
No hazardous materials are permitted to be used or stored on the Licensed Property I
I
15