CONTRACT 4972B OtherFri
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Agreement No. 49728
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20191072116
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Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
California
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FEES: 38.00
TAXES: 0.00
OTHER: 0.00
PAID: 38.00
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
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CITY C LFAK
CITY OF FI, SEGUNI)O
350 Main Street 1?XI.-MPT FROM RECORI)IiR'S Flil?S
I;I Segundo, California 90245 Pursuant to Government Code § 6103
OPERATING MEMORANDUM NO. 1
Fl, SEGUNDO SOUTH CAMPUS DEVELOPMENT AGREEMENT
fRAYTI•IFON)
This Operating Memorandum No. I (the "Operating Memorandum") .is made as of
_ 4 _, 2019 by and among the City of El Segundo, a municipal corporation ("City"),
Raytheon Company ("Raytheon"), a Delaware corporation, and CDC MAR RETAIL I LLC, a
California limited liability company (CDC Mar). Raytheon and CDC Mar are collectively referred
to herein as "Developers." City and Developers are referred to hereinafter individually as "Party"
and collectively as "Parties."
SECTION 1. RECITALS.
A. On December 6, 2015, the City Council of El Segundo approved Resolution No. 4958,
certifying an EIR for the El Segundo South Campus Specific Plan, making CEQA
findings, and approving a General Plan Amendment, a General Plan Map Amendment
and Vesting Tentative Tract Map No. 71551 all related to the development of an
approximate 142 gross acre Campus site, more specifically described in Exhibit A,
attached hereto and incorporated herein by reference.
B. On December 15, 2015, the City Council of El Segundo adopted Ordinance No. 1516
approving a zone change, a zone map amendment, a Specific Plan, and a Development
Agreement for the El Segundo South Campus Specific Plan Project.
C. On December 15, 2015 the City Council of El Segundo also approved Resolution No.
4598 which approved Vesting Tentative Map No. 71551 for a 26 -lot subdivision; this
subdivision is one of the Project Approvals listed in the Development Agreement.
Although not clearly called out in the Project Approvals, the Map was for condominium
purposes.
D. On December 13, 2016, the Development Agreement between the City and Raytheon
was recorded as Instrument No. 20161579230 in the Official Records of the Record's
Office of Los Angeles County.
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E. In 2016, Raytheon sold two parcels of land to CDC Mar, which land will be known as
lots 15 and 16 of Tract No. 71551 when the final map is recorded. Development on
these parcels is already underway.
F. Section 17.2 of the Development Agreement recognizes that during the tern of the
Agreement, clarifications to the Agreement and Applicable Rules may be appropriate
with respect to the details of performance and that an Operating Memorandum may be
utilized to effectuate such clarifications.
G. This Operating Memorandum clarifies that the buildings on the tract map may be
developed as condominiums and authorizes the Planning Manager to provide a letter
of clarification to the County Recorder's office so specifying.
H. The City has determined that this clarification does not constitute an amendment to the
agreement and pursuant to Section 17.2, the Director has the authority to enter into this
Memorandum.
SECTION 11. CONDOMINIUMS.
A. This Operating Memorandum clarifies and confirms that the approval of Vesting
Tentative Tract Map No. 71551 was a 26 -lot subdivision for condominium purposes.
A maximum of 100 commercial condominium units are allowed on Lots 1-4,6-11, 13-
16, 20, 22-24, and 26, subject to the total building area limits and Floor Area Ratio
limits mandated by the EI Segundo South Campus Specific Plan (Specific Plan No. l 1-
01) as well as all other limitations of the Specific Plan and Development Agreement.
B. The Planning Manager is authorized to provide a clarification letter to the County
Recorder confirming that the map was approved for condominium purposes in
accordance with this Operating Memorandum.
C. The City shall have the right to review all conditions, covenants, and restrictions
(CC&Rs) for a condominium project. The City's review and approval shall be limited
to matters that impact the City.
SECTION 111, MISCELLANEOUS.
A. Except as expressly clarified and set forth herein, all of the terms and conditions of the
Development Agreement shall remain unchanged and in full force and effect.
B. Terms and conditions of this Operating Memorandum may not be waived, amended or
modified except in a writing executed by the Parties. This Operating Memorandum
may be executed in multiple counterparts, each of which shall be deemed an original
and all of which shall constitute one and the same Operating Memorandum.
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C. The Parties shall record this Operating Agreement in the Office of the Los Angeles
County Recorder in the manner set forth in Government Code Section 65868.5.
CITY:
CITY OF EL SEGUN
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Y� Sam Lee,Z I`Iannir�-and Building Safety
ATTEST:
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APPROVED AS TO FORM:
By:
... . .................
Mark D. Hensley, City �rney
RAYTHEON COMPANY
By: IL
Cellucci
Its, Sr. Director, Corporate Real Estate
[SIGNATURES CONTINUED NEXT PAGE]
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CDC MAR RETAIL I LLC,
a California limited liability company
BY: CDC Retail I LLC,
a California limited liability company
Its: Managing Member
By: Continental Development Corporation,
a California corporation
Its: Member
By:
Richard C. Lu�ndquist,rcsi�de
By:
Agreement No. 49128
H. Yanke, Assistant Secretary
4
Agreement No. 4972'B
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 hoember 26. 2, 019, before me, Ester M. Funal,adda, Notary Public, personally
appeared Richard rd C. Lundou ist and Dian -Carlo M. "h anke, who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons 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.
ESTER M. FUNGLADDA
Notary Public • California
?� Los Angeies County
_ l�r X77 0—" (seal) M Commission M ,2
My Comm. Expires
15s AugAup 15, 2022
(Signature)
Agreement No. 49726
COMMONWEALTH OF MASSACHUSETTS
On September 25, 2019 before me, the undersigned Notary Public, personally appeared
the above-named Jerry A_ Cellucci, proved to me by satisfactory evidence of identification being
a driver's license, to be the person whose name is signed above, and acknowledged the foregoing
to be signed by him voluntarily for its stated purpose, as the duly -authorized Senior Director of
Corporate Real Estate for Raytheon Company.
Thon as A. Voltero, Jr., Notary Public
My Commission Expires: November 16, 2023
3Q,,, THOMAS A. VO
LTERO, JR. _
Notary Public
QP COMMONWEALTH OF MASSACHUSETTS
My Commission Expires on
Novembsr 10, 2023
Agreement No. 49726
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