4957Recording requested by:
City of El Segundo
350 Main Street
El Segundo, CA 90245
When recorded, mail to:
City Clerk
City of El Segundo
350 Main Street
El Segundo, CA, 90245
No fee per Government Code § 6103
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR
PUBLIC RIGHT OF WAY PURPOSES
(To the City of El Segundo)
No Documentary Transfer Tax per Revenue & Taxation Code § 11922
This Irrevocable Offer to Dedicate ( "Offer ") is made by Paragon Capital Holdings, Inc.
( "Grantor ") to the City of El Segundo, a general law city and municipal corporation ( "City ").
Recitals. This Offer is made with the following understandings and objectives:
A. Grantor is the owner of certain real property situated in the City of El Segundo,
County of Los Angeles, State of California, described and depicted in attached
Exhibit "A," which is incorporated by reference ( "Grantor's Property ");
B. Grantor's Property is improved with buildings and other structures, as depicted in
attached Exhibit "B," which is incorporated by reference (collectively, "Grantor's
Buildings ");
C. Grantor is the owner of certain real property to be irrevocably offered to the City
as depicted in attached Exhibit "C."
2. Irrevocable Offer to Dedicate. Grantor irrevocably offers to dedicate to City a five foot
(5') wide portion of real property for future right -of -way widening purposes on Grantor's
Property for the entire length of street frontage on Maple Avenue and Sycamore Avenue, as
described and depicted in attached Exhibit "C," which is incorporated by reference (hereafter,
"Dedication Area" or "Property "). Grantor retains all normal rights and incidents of ownership
iii. " Houshold Hazardous Waste," "HHW," or "Household hazardous waste"
means any Hazardous Waste generated incidental to owning or
maintaining a residence including, without limitation, E- waste. Household
hazardous waste does not include any waste generated in the course of
operating a business at a residence (see 22 Cal. Regs. § 66260.10);
B. Grantor agrees to the following:
Grantor indemnifies and holds City harmless from and against any claim,
action, damages, costs (including, without limitation, reasonable attorney's
fees and penalties), injuries, or liability, arising out of this Offer, or its
performance thereunder by Grantor, including without limitation, damages
or penalties arising from Grantor's removal, remediation, response or
other plan concerning any HHW or HW resulting in the release of any
hazardous substance into the environment (any such matter being referred
to as an "Environmental Release "). Should City be named in any suit, or
should any claim be brought against it by suit or otherwise ( "Claim "),
whether the same be groundless or not, arising out of this Offer, or its
performance, following Grantor's receipt of written notice (which shall be
provided to Grantor promptly following City receipt or knowledge of such
Claim, which shall contain sufficient information to apprise Grantor of
such Claim or include a copy of such complaint), Grantor will defend City
(at City's request and with counsel reasonably acceptable to City) and will
indemnify City for any judgment rendered against City any sums paid out
in settlement or otherwise by City with respect to such Claims, provided
that City has first notified Grantor of such Claim and cooperated with
Grantor in the defense thereof.
ii. The foregoing indemnity is intended to operate as an agreement pursuant
to 42 USC § 9607(e) (the Comprehensive Environmental Response,
Compensation and Liability Act: "CERCLA ") and Health & Safety Code §
25364 to defend, protect, hold harmless, and indemnify City from all
forms of liability under CERCLA, or other applicable law, for any and all
matters addressed in this Offer.
C. For purposes of this section "City" includes City's officers, officials, employees,
agents, representatives, and volunteers.
D. Grantor expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of
California. If any portion of this agreement is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
E. It is expressly understood and agreed that the foregoing provisions are intended to,
and will, bind Grantor and its successors in interest after the Property is accepted
by City in accordance with the terms and conditions of this irrevocable offer of
dedication.
5. Duration and Acceptance. This irrevocable offer of dedication is binding upon the
owner and the heirs, assigns or successor in interest to the Property described above in perpetuity.
Additionally, if the City amends its Circulation Element such that the Property is no longer
required for public right -of -way purposes, then this Offer automatically expires. Subject to the
foregoing, this Offer may be accepted by City. Such acceptance must be effectuated by
recordation of City of an acceptance of this Offer in the form attached as Exhibit "D." Upon
such recordation of acceptance, this Offer and terms, conditions and restrictions have the effect
of a grant of public- right -of -way in gross and perpetuity that runs with the land and is binding on
the heirs, assigns, and successors of Grantor,.
6. Remedies. Any act, conveyance, contract, or authorization by Grantor, whether written
or oral, which uses or would cause to be used, or would permit use of the right -of -way contrary
to the terms of this Offer, is a violation and a breach of this Offer. Grantor and City may pursue
any and all available legal and /or equitable remedies to enforce the terms and conditions of the
Offer and their respective interest in the Property. In the event of a breach, any forbearance on
the part of any such party to enforce the terms and provisions this Offer cannot be deemed a
waiver of enforcement rights regarding any subsequent breach.
7. Taxes and Assessments. Grantor agrees to pay or cause to be paid all real property taxes
and assessments levied or assessed against the Property. It is intended that this irrevocable Offer
constitutes enforceable restrictions within the meaning of (a) Article XIII, § 8, of the California
Constitution; and (b) Revenue and Taxation Code § 402.1, or successor statute. Furthermore,
this Offer constitutes a servitude upon the burden to the Property within the meaning of Revenue
and Taxation Code § 3712(d), or successor statute, which survives a sale or tax- deeded property.
8. Service of Notice. All notices to be served by one party to the other pursuant to this
Offer are deemed to have been served when made in writing and deposited in the U.S. mail,
registered and postage prepaid, addressed as follows:
a. To Grantor: Paragon Capital Holdings, Inc.
203 Richmond Street
El Segundo, CA 90245
Attention: Brian Catalde
b. To Grantee: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: City Manager
With a Copy to: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Director of Planning and Building Safety
9. Binding upon Successors. All terms and conditions in this Offer will be binding upon
the parties, their successors, and assigns. The benefits and burdens herein are intended to and
will run with the land. This is the entire agreement between the parties and will not be modified
except by written instrument signed by all the parties or their respective successors.
Notwithstanding the foregoing, Grantor is not liable for any amendment not signed by it, nor is it
liable for an Environmental Release not caused by it.
10. Authority. Grantor expressly warrant and represent that it has the power to grant this
Offer in accordance with its terms.
11. Governing Law. This document was drafted in and will be construed in accordance
with the laws of the State of California and exclusive venue for any action involving this
document will be in Los Angeles County.
12. Severability. If any provision of this Offer is held to be invalid, or for any reason becomes
unenforceable, no other provision will be affected or impaired.
13. Counterparts. This document may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on the
same date.
Executed this ;; day of 2015.
GRANTOR: PARAGON CAPITAL HOLDINGS, INC.
1y. .,,
Name: Brian Catalde
Title: President
EXHIBIT "D"
ACCEPTANCE OF THE IRREVOCABLE OFFER OF DEDICATION
By
CITY OF EL SEGUNDO
This is to certify that the interest in real properly offered in the Irrevocable Offer of Dedication
dated , 2015 from Paragon Capital Holdings, Inc. to the City of El Segundo, a
general law city and municipal corporation, is accepted by the undersigned officer on behalf of
the City pursuant to authority conferred by Planning Commission Resolutions No. 2678 and No.
2775 adopted on July 22, 2010 and May 28, 2015 respectively and approved by the City Council
on August 16, 2011. The City consents to recordation thereof by its duly authorized officer.
ATTEST:
Irk,
Tr icy N, rover, .,
Cfty Clerk
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
Date
720 SYCAMORE AVENUE, EL SEGUNDO, CA 90245
(A.P.N.4131-018-062)
LOT 1, T AC NO. 71261, IN THE CITY OF ELSEGUNDO COUNTY OF LOS ANGEL %S AT OF
CALIFORNIA, A PER MAP RECORDED IN BOOK 1367, PA GE 4 AND 4 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OFSAID COUNTY; EXCEPT THEREFROM THE NORTHERLY 5.0 FEET.
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LOT 2, TR C NO. 71261, IN THE CITY OFELSEGUNDO,COUNTY OF LOS ANGEL \S AT OF
CALIFORNIA, A PER MAP RECORDED IN BOOK 1367, PAGES 46 AND 4 OF MAPS, IN THE OFFICE OFTHE
COUNTY RECORDER OF SAID COUNT ;EX EP THEREFROM THE NORTHERLY 5.0 FEET.
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(A. P. N . 4131 - 018 -064)
LOT 3, TRACT NO. 71261, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1367, PAGES 46 AND 47 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; EXCEPT THEREFROM THE NORTHERLY 5.00 FEET.
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705 MAPLE AVENUE, EL SEGUNDO, CA 90245
(A. P. N . 4131-018-065)
LOT 4, TRACT NO. 71261, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1367, PAGES 46 AND 47 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; EXCEPT THEREFROM THE NORTHERLY 5.00 FEET.
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703 MAPLE AVENUE, EL SEGUNDO, CA 90245
(A. P. N . 4131-018-066)
LOT 5, TRACT NO. 71261, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1367, PAGES 46 AND 47 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; EXCEPT THEREFROM THE NORTHERLY 5.00 FEET.
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701 MAPLE AVENUE, EL SEGUNDO, CA 90245
(A. P. N . 4131 - 018 -067)
LOT 6, TRACT NO. 71261, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1367, PAGES 46 AND 47 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; EXCEPT THEREFROM THE NORTHERLY 5.00 FEET.
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EXHIBIT B
SYCAMORE AVENUE
N 89 °54'11 "E
un 134.04'
SYCAMORE AVENUE
-��IN 89 °54` 11"E
44
4,6
44.6B' 44.68'
ff It I N L :LFI'
NII 11-E 11111E ;IIIU
I
m' lim
Ltj
6,704 SQ.FT. GROSS 6.704 SQ.FT. GROSS 6,704 SQ.FT., GROSS
6,481 SQ-Ft, NET 6,480 SQ,FT. NET 6,480 SQ.FT. NET
SCALE: 1'=60'
1-1— 44.68' 1,-- 44.68' ---° )— 44.6T .—
N 69*5334 89'53'34'E N 89'5334-E
"S 70 SO IT I • GROSS
0,400SWr NET
6,703 SQ.FT. GROSS
6,480 SQ.FT. NET z
z z
6,704 SQ.Fr. GROSS
6,00 SQ.FT- NET
fm
t, r
c
v
I-r-ni 5 6
5-0o'---,, It N aobsirr, I , 1I f N 894Q156-E I , I f N 8AZWE It I 1— 5-00'
44.6T 44.6T
MAPLE AVENUE
b 66.95, 17.07'
10 N 89'52'56'E
MAPLE AVENUE
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EXHIBIT C
o 3
1 2
6,704 SQ.FT GROSS 6,704 SO FT. GROSS 6,704 SQ.FT. GROSS
6,481 SQ,FT. NET 6.480 SQ.FT. NET 6,480 SQ.FT. NET
44.68' )-- 44,68 ^+��^° 11— 44.67' —
N 89,5313,11f N 801'5314'E" rN 89.5334`6
5 6
6.704 SQ.FT. - GRO ss 6,703SQ,FT,G R OS 6,703 SQ.FT„ GROSS
6,480 SO FT. NET 6,480 SQ.FT.,. NET 6,480 SQ.FT. NET
5.00' ROADWAY -
SYCAMORE
AVENUE
DEDICATION
N 89 °54'11 "E
N 89'52'66'E
CITY OF EL
44.68'
134.04'
SEGUNDO
44.6T
SYCAMORE AVENUE
66,95'
IN 89-54-1 1•E
. ....................................
�.68' :��44 Jf
8r.
5,00'ROADWAY--,'�-�—
44.68 '
44.68 .
44.68 '
DEDICATION TO
N 89'54'11"E
N 89*54'11"E
N 89*54'11"E
\-5ROADWAY
CITY OF EL
SEGUNDO
DEDICATION
To CITY OF EL
SEGUNDO
o 3
1 2
6,704 SQ.FT GROSS 6,704 SO FT. GROSS 6,704 SQ.FT. GROSS
6,481 SQ,FT. NET 6.480 SQ.FT. NET 6,480 SQ.FT. NET
44.68' )-- 44,68 ^+��^° 11— 44.67' —
N 89,5313,11f N 801'5314'E" rN 89.5334`6
5 6
6.704 SQ.FT. - GRO ss 6,703SQ,FT,G R OS 6,703 SQ.FT„ GROSS
6,480 SO FT. NET 6,480 SQ.FT.,. NET 6,480 SQ.FT. NET
5.00' ROADWAY -
DEDICATION
N 89*52'56'E
N 89'52'66'E
CITY OF EL
44.68'
44.67'
SEGUNDO
44.6T
MAPLE AVENUE
66,95'
MAPLE
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SCALE: 1"=50'
5 OVROADWAY
N 89'52'56'E j DEDICATION TO
4467' CITY OF EL
SEGUNDO
—6T -7 . ....... .... ---- — uis
67.07'
N 89*52'56'E
AVENUE
I