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20140241764
Pa es:
k Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
'K ji California
03/10/14 AT 08:OOAM
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THIS FORM IS NOT TO BE DUPLICATED T72
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RECORDING REQUEST BY
CHIC,AGOTTLE COMPANY
WHEN RECORDED MAIL TO:
City of El Segundotpl
City Clerk's Office '
350 Mail Street
I ➢ x
EI Segundo, CA 90245 `20140241764`
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
First Amendment to Development Agreement by and between City of El Segundo and CDC MAR Campus,
LLC.
EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE § 6103
f_
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code §6103
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF EL SEGUNDO,
AND
CDC MAR CAMPUS,LLC.
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL
PARTIES PURSUANT TO GOVERNMENT CODE §65868.5
12/3/13
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement is made and entered into by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("City")
and CDC MAR CAMPUS, LLC, a California limited liability company ("Developer"), as of this
3rd day of January, 2014. City and Developer are individually referred to as "Party" and
collectively as "Parties." In consideration of the mutual covenants and agreements contained in
this First Amendment, and in light of Developer's application which was considered by City
concurrently with this First Amendment, City and Developer agree as follows:
1. Recitals.
1.1. Unless otherwise specified the term "Development Agreement" refers to
the Development Agreement entered into between the Parties, or their predecessors in interest,
on February 11, 2002 (Recorded March 19, 2002 as Instrument No. 02-0660073), its
amendments, and related Operating Memoranda.
1.2. On or about May 7, 2013, TPG-EL SEGUNDO PARTNERS, LLC,
executed an Assignment and Assumption Agreement whereby TPG-EL SEGUNDO
PARTNERS, LLC, conveyed to CDC MAR CAMPUS, LLC, in accordance with the provisions
of Section 3 of the Development Agreement, TPG-EL SEGUNDO PARTNERS, LLC's right,
title and interest in and to the Development Agreement and the Project Approvals with respect to
the Property covered by the Development Agreement.
1.3. On October 17, 2013, the Planning Commission held a duly noticed public
hearing on this First Amendment to the Development Agreement along with Developer's other
applications.
1.4. On November 19, 2013, the City Council held a duly noticed public
hearing on this First Amendment and Developer's other applications. At the conclusion of the
public hearing the City Council adopted Resolution No. 4852 approving the use of an Addendum
for this project and introduced Ordinance No. 1492 approving this First Amendment to the
Development Agreement as well as a Specific Plan Amendment. On December 3, 2013 the City
Council adopted Ordinance No. 1492. Ordinance No. 1492 became effective on January 3,
2014.
1.5. Section 15 of the Development Agreement provides for amendment of the
Development Agreement upon mutual consent of the parties and in accordance with the
procedures established by applicable law. This First Amendment was adopted in conformance
with Government Code §§ 65865, et seq.
1.6. On November 19, 2013, the City Council certified an Addendum to the
Final Environmental Impact Report ("FEIR"). As set forth in the Addendum, no subsequent or
supplemental environmental impact report is required before approving this First Amendment.
1 Setbacks of the Project. Section 4.5 of the Development Agreement is
amended to read as follows:
12/3/13
4.5 Setbacks. As set forth in the Specific Plan, buildings within the Project
boundaries must be setback a minimum of fifteen (15) feet from the adjoining
public rights-of-way of Nash, Atwood Way, Douglas Street, and Mariposa
Avenue. Building setbacks within the interior of the project must be a minimum
of five (5) feet from each lot line, except for buildings adjacent to private
streets/internal roadways, and driveways, in which case setbacks will be 15 feet
from curb face. At-grade patios with 6-foot high walls, fences, and hedges will be
allowed to encroach within the front yard setbacks for lots that have frontage on a
green-belt lot or frontage on Maple Avenue.
3. Section 4.8 of the Development Agreement is amended to read as follows:
4.8 Subdivided Lots. Each lot shown on the vesting tentative map, and
subsequent final maps, must have a lot area of not less than 10,000 square
feet. Furthermore, a minimum of 100, feet of frontage must be provided
on a public street, private-and-future street, private street, or driveway. A
green-belt lot may be developed on the site that will be used for open
space and landscaping purposes. The green-belt lots must have a minimum
frontage of 30 feet and have frontage on a public street, private-and-future
street, private street, or driveway. Interior lots abutting a green-belt lot
shall have a minimum lot frontage of 80 feet.
4. Section 6.6 of the Development Agreement is amended to read as follows:
6.6 lark Site. The Developer may execute an amendment to the recorded
Parking Covenant reasonably satisfactory to the City to relocate the
required 100 parking spaces for the Park Site (soccer fields) during Phase
2 and/or Phase 3 of the proposed project in accordance with Condition No.
69 and Condition No. 90 of the Conditions of Approval. The 100 parking
spaces will be located adjacent to the Park Site. Some or all of the parking
spaces may be provided on the private streets along Campus Drive,
Parkview Drive South north of Fire Station No. 2 and/or the private
driveway, formerly known as Campus Square West, with final design and
location to be determined by the City. Time or use restrictions for any
parking spaces provided on the private streets along Campus Drive,
Parkview Drive South north of Fire Station No. 2 and/or the private
driveway, formerly known as Campus Square West, will be at the sole
discretion of the City. The Developer must provide a minimum of 50
additional parking spaces to the City for overflow parking for the soccer
fields during non-business hours in the evenings and on weekends in the
Phase 1, Phase 2 and/or Phase 3 portions of the Specific Plan area that is
reasonably satisfactory to the City and incorporates the applicable Traffic,
Circulation and Parking Plan, prepared by a licensed traffic engineer, for
review and approval by the City. To secure the reservation of these
additional parking spaces for public use, Developer agrees to record a
covenant, in a form approved by the City Attorney, reflecting the
12/3/13 -2-
regulation, access, location and other mattes set forth in the Traffic,
Circulation and Parking Plan approved by the City.
5. Notice. Section 19 of the Development Agreement is amended by changing the
Notice to Developer to read as follows:
If to Developer: Richard C. Lundquist, President
Continental Development Corporation
2041 Rosecrans Avenue, Suite 200
El Segundo, CA 90245
With Copy to.: Lisa Kranitz
Wallin,Kress, Reisman&Kranitz
2800 Twenty-Eighth Street, Suite 315
Santa Monica, CA 90405
6. Remainder of Development A roement to Remain in Full Force and Effect.
Except as set forth in this First Amendment, all terms and conditions of the Development
Agreement remain in full force and effect.
12/3/13 -3-
IN WITNESS WHEREOF, Developer and City have executed this First Amendment on
the date first above written.
CITY:
CITY OF EL SEGUNDO, a municipal corporation
By:
NanW.Zffill Fistic
Title: Mayor
ATTEST
By-,
Name: T r aei `Vea!ver
C' " 0
Title: City Cler,0
11
APPROV A
MARK 1. F', ��, ityAttoi°icy
By:
Name: Karl H. Berge'
Title: Assistant C' y�Attorncy
CDC MAR
CDC MAR CAMPUS, LLC, a California limited
liability company
By: Continental Development Corporation,
a California corporation
Its: Managing Member
By:
By:
Leonard E. Blakesley, Jr.,Executive
Vice President and Secretary
12/3/13 -4-
State of California )
County of Los Angeles )
On January 15, 2014 ,before me, Ester M. Fungladda , Notary Public,
(here insert name and title of the officer)
personally appeared Richard C. Lundquist
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, ��OS' ESTER M.FUNGLADDA
Comm.#1899941
Notary Public-California
Los Angeles County
`F dCa, s
Signature � �� :�„�w,,;��,, Comm.Expires Aug 15,2011
(seal)
State of California )
County of Los Anele„s )
On January 15, 2014 before me, Ester M. Fungl.adda ,Notary Public,
(here insert name and title of the officer)
personally appeared Leonard E. Blakes.lev, Jr. ,
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.
ESTER Comm F N G9LADD.. .
WITNESS my hand and official seal. ��..�.; � � N A
9941
N;p Notary Public-California n
Signature � 'A � m.as � �`i',_ Comm.Expires County 15,21�d y
15, —�� �.. ��„� fires Aug u
(seal)
12/3/13