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CONTRACT 3807 CLOSED - � . REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is entered into as of January 30 2008 by and between the City of El Segundo, a general law city and municipal corporation ("City"), and Fisher Property Group, Inc., a Floridi Corporatior7 ("Applicant/Developer"), who agree as follows: 1, Recitals. This Agreement is made with reference to the following facts and circumstances: a. The Applicant/Developer has filed an application to develop property located at 101 Continental Boulevard, El Segundo, CA as described on Exhibit A attached hereto and incorporated by this reference, for a hotel (the "Project") and such Project requires environmental review and preparation of environmental technical reports under the California Environmental Quality Act ("CEQA"); K Applicant/Developer is seeking to develop the property and construct a 167 room, 61,104 square foot hotel with a 566 square foot conference room, 700 square foot cafe and 1,059 square foot bar area on a 10.58 acre site situated at the northwest corner of El Segundo Boulevard and Continental Boulevard. C. In order for Applicant/Developer to accomplish such development, City must assign certain City staff or consultants to complete a number of tasks including environmental review, zoning review, plans review for compliance with City standards, building code compliance, analysis of technical studies, preparation of staff reports, development of potential mitigation measures, and project management duties (collectively, "Services") which will exceed the capacity of the current city staff. d. City believes it is in the public interest for Applicant/Developer to pay for such Services. 2. 'iter Rciii1bgrseinept. City has estimated the costs and expenses of completing the Services as being approximately $88,500 (of which$73,750 is estimated for an environmental consulting services and $14,750 is estimated for contract administration services). However, the Applicant/Developer acknowledges that the actual amount of such costs and expenses may be different. Nonetheless, even though the actual amount of such costs and expenses may be different, the Applicant/Developer agrees to reimburse the City for the full amount of such actual costs and expenses in the manner provided in this Agreement. Upon completion of the Services, City will provide Applicant/Developer with an accounting of those costs and expenses, which accounting the Applicant/Developer agrees will be conclusive, in the absence of manifest error. The total of the costs and expenses, as disclosed by the accounting, is called the "Reimbursement Amount." 3. Method of Reimbursement. a. Except as provided below, upon execution of this Agreement, Applicant/Developer agrees to deposit with City $22,000 ("Deposit Amount") which represents twenty-five percent (25%) of the estimated Reimbursement Amount. Each quarter after executing this Agreement, Applicant/Developer agrees to deposit an additional $22,000 to the Deposit Amount. Should the actual Reimbursement Amount exceed the Deposit Amount, Applicant/Developer agrees to promptly pay City any difference. Should the Reimbursement Amount be less than the Deposit Amount, City will refund Applicant/Developer any remaining Deposit Amount within thirty (30) days after determining the Reimbursement Amount. b. The Deposit Amount will be placed in a non-interest bearing trust account established by the City Manager. Applicant/Developer understands and agrees that City will not pay interest to Applicant/Developer on the Deposit Amount and Applicant/Developer will not seek such interest payments from City. Costs associated with the Activities will be charged against the deposit amount. The City may require Applicant/Developer to replenish the amount should the balance fall below$20,000. 4. City Adinioistratk,e Costs. Administrative costs incurred by City, including, without limitation, staff time, fees and services, must be reimbursed on a time and materials basis based on current City reimbursement rates. Applicant/Developer agrees that it will pay for such costs on a monthly basis within thirty (30) days of receiving an invoice from City. 5. Applicant/Developer Default. Should Applicant/Developer fail to perform any of its obligations under this Agreement, then City may, at its option,pursue any one or more or all of the remedies available to it under this Agreement, at law or in equity. Without limiting any other remedy which may be available to it, if Applicant/Developer fails to perform any of its obligations under this Agreement, City may cease performing its obligations under this Agreement and may bring an action to recover all costs and expenses incurred by the City in completing the Studies,together with interest thereon from the date incurred at the rate of 10% per annum. 6. Cornn iatice with Law. Applicant/Developer will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force,pertaining to this Agreement. )1 7. Waiver of Breach. Any express or implied waiver of a breach of any term of this Agreement will not constitute a waiver of any further breach of the same or other term of this Agreement. 8. Insolvency-, Receiver. Either the appointment of a receiver to take possession of all or substantially all of the assets of Applicant/Developer, or a general assignment by Applicant/Developer for the benefit of creditors, or any action taken or offered by Applicant/Developer under any insolvency or bankruptcy action, will constitute a breach of this Agreement by Applicant/Developer, and in such event this Agreement will automatically cease and terminate. 9. Notices. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to: Applicant/ Developer at: Richard Mielbye, Senior Vice President-Development Fisher Property Group, INC. 340 Royal Poinciana Way, Ste, 306 Palm Beach, FL 33480 City at: City of El Segundo Attn: Director of Planning and Building Safety 350 Main Street El Segundo, CA 90245 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 10. Acceptance of l"aresinxile S4,mature;s. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 11. (Joverning Law, This Agreement has been made in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County. 12. Partial Invalidity. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding. mm. 13. litel itioria This instrument and its attachments constitute the sole agreement between City and Applicant/Developer respecting the matters above and correctly sets forth the obligations of City and Applicant/Developer. Any Agreement or representations respecting the Property or its licensing by City to Applicant/Developer not expressly set forth in this instrument are void. 14, Corxs RICtio�a. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. Mthority/Mod l mcation. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. City's city manager, or designee, may execute any such amendment on behalf of City. 16. CouqteLia1 rts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. City of El Segundo, Fisher Property Group, Inc, a municipal corporation. a Florida Corpo' ratioli. ay7 10, Jeff Stewart, dit'y.........Man.. �er lCehard A. �ye Senior Vice P sident-Devel Oient ATTEST: APPROVED AS;111'0 1`00,1" MARK D. 1-111-'N�` LE By: .................. Karl H. Berger, Assistant City Attoriie),',' P:\Planning&Building Safety\PROJECT S\751-775\EA-773\EA 773 Aloft Reimbursement Agreement.doc Rev 1/08/08 i3807 EXHIBIT A I' city Planning and Building Safety Dept. 350 Main Street EI Segundo, CA 90245 (310)524-2344; FAX(310)322-4167 www,elseaando,orq APPLICATION FOR A CONDITIONAL USE PERMIT Environmental Assessment No: -113 Conditional Use Permit No: 01 - 1 Date: 8/23/07 Applicant: Innkeepers USA - Richard Mielbye (561) 227-1366 (561) 833-2352 Name (print or tyre) Phone Fax 340 Royal Poinc'x,ana Way, Suite 306 rmielbye@Innkeepershospitality.com Address Email Palm Beach, FL 33480 City/St/Zip Signature Check One: Owner ❑ Lessee ❑ Agent x❑ Property Owner: Barker Pacific Group - Michael Barker (213) 624-1811 (213) 624-1813 Name (print or type) Phone Fax 626 Wilshire Blvd. , Suite 1150 mdb@barkerpacific.com Address Email Los Angeles, CA 90017 Gity;St/Zip Signature Representative of applicant: (i.e., attorney, expeditor, etc.1 Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Name (print or type) Phone Fax 750 B Street, Suite 2100 morrgall@a"cl com Address Email San Diego, CA 92101 City/St/Zip S" &attureu EA-773,CUp 07.7 SEP 0 4 2007 101 Con""*ntal Blvd. 4+4 K ry W MY 1'YY se�ssY bY• '1M C "I Planning and Building Safety Dept. 350 Main Street EI Segundo, CA 90245 (310)524-2344; FAX(310)322-4167 www.elsepundo.orr APPLICATION FOR A CONDITIONAL USE PERMIT Environmental Assessment No: Conditional Use Permit No: Date: 8/23/07 Applicant: Innkeepers USA - Richard Mielbye (561) 227-1366 (561) 833-2352 Name (print or type) Phone Fax - - 3'40 Royal Poinciana Way, Suite 306 rmie fP� I'u'oikeep:rshospitality.com Address Palm Beach, FL 33480 7 ''" City/St/Zip Signal re Check One: Owner ❑ Lessee ❑ Agent Pronertvr Owner: Barker Pacific Group - Michael Barker (213) 624-1811 (213) 624-1813 Namee(print or type) Phone Fax 626 Na Wilshire Blvd. , Suite 1150 mdb@barkerpacific.com Address Email Los Angeles, CA 90017 City/SUZip Signature Representative of apqliaant _(i.e., attorney, expeditor, etc,) Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Name (print or type) Phone Fax 750 B Street, Suite 2100 morgan@scmv.com Address Email San Diego, CA 92101 City/St/Zip Signatur EA-773;CUP 07-7 '° 4 7007 l r„ 101 Continental Blvd. 'LA"!\HM"W . 9�'a 41'ti 6 I 1 r City-, Of El Segundo I Planning and Building Safety Dept, 350 Main Street EI Segundo, CA 90245 (310)524-2344; FAX(310)322-4167 W—wwel eaundo.oro APPLICATION FOR A CONDITIONAL USE PERMIT Environmental Assessment No: �_ Conditional Use Permit No: -01 --0-7 Date: 8/23/07 Applicant: �� Innkeepers USA - Richard Mielbye (561) 227-1366 (561) 833-2352 Name (print or type) Phone Fax 340 Royal Poincxara Way, Suite 306 rmielbye@Innkeepershospitality.com Address Email Palm Beach, FL 33480 City/St/Zip Signature Check One: owner ❑ Lessee ❑ Agent 0 Property Owner: Barker Pacific Group - Michael Barker (213) 624-1811 (213) 624-1813 Name (print or type) Phone Fax 626 Wilshire Blvd., Suite 1150 mdb@barkerpacific.com Address EmailM Los Angeles, CA 90017 City/St/Zip 4SJat�rre �en� -.V .T Representative of applicant: (i.e., attornev, exoeditor,ete. Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Name (print or type) Phone Fax 750 S Street, Suite 2100 morgan@scmv.com Address Email San Diego, CA 92101 City/St/Zip Signature 3 8 0 7 ArchitoettgaglaggaM Pacific Design Concepts - Jerry r,arapttoh (702) 454-5842 (702) 454-7842 Name (print or type) Phone FOX 3005 W. Horizon Ridge Parkway, Suite 200 cam Address Email Henderson, XV 89052 City/StIzip 9nature- Property Situated at: 101 Continental. al-vd. See attached. (Exact tegal description. Provide attachment, N necessary). General Location: 101 Continental Blvd. El Segundo Ulvd- R. Grand Ave. Address between StreeVAvenue and StreaVAver)6—e El Segundo Municipal Code Section(a)Relating to Request 15-SD-5 Request: Under the provisions of Title 15,Chapter 23-4 of the Municipal Code, application for I x�I consideration of a Conditional Use Permit for the above deardbeill 11,1:1 I Describe in detail the entire proposed project. Uses involved(i.e. bank, general office,Industrial, restaurant,etc.), numb�er of buildings and stre,(including square footage and number of storiers)N- design of buildings(style,materials,colors),and related equipment necessary to the project (mechanical,telephone and electrical equipment,transformem,generators,trash enclosures, loading docks,etc.). Add addliti nal sh oft to,answer questions as needed, One six story 167 room OLUAZ' scruare foot hotel with 566 Square toot ,Lqe xpom, 700LL fef�j: A—W4t—' .of cal -'r and- !L Design is contemporary with tinted glass and all related equipment necessary to support hotel function such as trash enclosure, loading dock, etc. hotel will also haxre pool and fitness area. 2. Describe the existing development on the site. Include square footagea,and uses of each building. 10-58 acre total Pa2!'cdl with existing 307,448 square toot Xerox office building located on southeast parcel area Xerox office building surrounded by paved asphalt parkinc spaces. E EA-773;CUP 07-7 04 7-007 101 Continental Blvd. I I M t Architect/Enoin Pacific Design Concepts - Jerry Garapitch (702) 454-5842 (702) 454-7842 Name (print or type) Phone Fax 3005 W. Horizon Ridge Parkway, Suite 200 jerryg@pacdesignconcepts.com Address Email Henderson, NV 89052 City/St/Zip Signature Property Situated at: 101 Continental Blvd. See attached. (Exact legal description. Provide attachment, if necessary). General Location: 101 Continental Blvd, E1 Segundo Blvd, E. Grand Ave. Address between Street/Avenue and Street/Avenue EI Segundo Municipal Code Section(s)Relating to Request: 15-5D-5 Request: Under the provisions of Title 15, Chapter 23-4 of the Municipal Code, application for consideration of a Conditional Use Permit for the above described roe . 111111 "1 I'll „ „ 1. Describe in detail the entire proposed project. Uses involved (i.e. bank, general office, industrial, restaurant, etc.), number of buildings and size, (including square footage and number of stories); design of buildings (style, materials, colors), and related equipment necessary to the project (mechanical, telephone and electrical equipment, transformers, generators, trash enclosures, loading docks, etc.). Add additional sheets to answer questions as needed. G1,1o4- One ,six story 167 room square foot hotel with 566 square foot conference. room, TOO square: feet of cafe and, 1, 059 square feet of. bar, Design is contemporary with tinted glass and all related equipment necessary to support hotel function such as trash enclosure, loading dock, etc. Hotel will also have pool and fitness area. 2. Describe the existing development on the site. Include square footages, and uses of each building. 10.58 acre total parcel with existing 307,448 square foot Xerox office building located on southeast parcel area. Xerox office building surrounded by paved asphalt parking spaces„ I EA-773;CUP 07-7 101 Continental Blyd. 3. Explain in detail why this particular site is especially suited for the proposed development on the site and how it is compatible with the purpose of the zone. Site is surrounded by office buildings that have need for a hotel that caters to the business traveler. Park to the north will provide an idyllic buffer between hotel and large, dense office buildings. Xerox office building parking lot will provide quiet buffer and compatible parking usage. 4. Describe how the proposed project related to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood. Hotel will service adjacent commercial buildings while also providing a place for hotel guests and surrounding commercial tenants to meet. Hotel is providing a compatible service and will not detract from surrounding use. 5. Describe hours of operation for the proposed use/uses. Twenty-four hour hotel with limited hours for the cafe, bar, and pool area. dIIIIIIII',III I I I I I..YYYYYII it Dano 1pin III ,dlpl, L. EA-773;CUP 07-7 101 Continental Blvd. 14 G III'h' w 1� I� NOTE: Separate Affidavits must be submitted if there are multiple owners. OWNER'S AFFIDAVIT I, 101/e- being duly sworn depose and say that Itwe am the O EIS of the prope involved in this application and that Itwe have familiarized myself(ourselves)with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief, Signature ; � 'p„ Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. On this 20r day of )kA(j .,'bA' 20 b-) , before me, the undersigned Notary Public in and for said County and State, Versonally appeared known to me to be the person whose name , subscribe to the within instrument, and acknowledged to me that he/sberexecuted the same. WITNESS my hand and official seal. IOLA G. QUINTANA w CommisWn 0 171111411' Lary Public in and for said Cou and State Notary PublIC -CaNfofnta Lot Angeles County ,hi112,20:11 IP::1ru,11111,1"1111oN�,WIWJYK ill �illp„Il�pin"Iu,o�„yll,„�"i,�,�"11V Ip 41111�IIII„^III,1 o,1,I EA-773;CUP 07-7 , o 101 Continental Blvd. pus 8 7 . AGENT AUTHORIZATION I hereby authorize R. cry � k to act for me/us in all matters relevant to this application. understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. C fP° Owner's Signature AGENT AFFIDAVIT I, We �I kark — J ' - being duly sworn depose and say that WVe am the AGENT of the property involved in this applicatio and that I/We have familiarized myself (ourselves) with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief. 0 7 Signature C to STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO )ss- On y appeared L � N L-t� rte^ ers Notary Public, ersonal personally known to me or 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. WITNESS my hand and official seal. 1At11( CaMw b"M 0 16,'32"11 � -Calkii &M DWVQ'Courtv Signature „ W DOC2A, _ 1 11F01111—,' 1M Notary �uLlic City of EI Segundo Initial Study Applicant Questionnaire 16 of 17 AGENT AUTHORIZATION I hereby authorize tai w ie- b� _.. to act for me/us in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. Owners Signatur AGENT AFFIDAVIT I, We ?.J.0jc�'_A, -I ebeing duly sworn depose and say that I/We am the AGENT of the property Involved in this applicatlo and that Me have familiarized myself (ourselves) with the rules and regulation of the City of EISegundo with respect to preparing and filing this, application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are In all respects true and correct to the best of my/our knowledge and belief. x� 20107-- Signature Date STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO )SS- On 23, ��fo � � �. �--��-'r" Notary Public, �1116tJ -, personally known to me or proved to me on ersonal ,y appeared F4� ..,. 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. �u WITNESS my hand and official seal, tM urian it 16226 Mofty RbNc-Caft is DMW Courgy signature � _ � � w�✓ oft �24. Not,; ublio �. City of EI Segundo Initial Study Applicant Questionnaire �A��..b) � ��t� f f EA-773;CUP 07 7 �"."1L„��PiIV�';rl'';;nM 101 Continental Blvd. m 8 0 'I. 7 " '. W 1111 AGENT AUTHORIZATION I hereby authorize RLcbqr1AM,6b1e, to act for me/us in all matters relevant to this application, under's'tand that this perso�r ill be the exclusliv contact o t e project and will be sent all information and correspo . .... _22 20 T7 Ow er°s nature AGENT AFFIDAVIT involved being duly sworn depose and say that I/we am the AGENT of the p i property ed in this and that I/we have familiarized myself(ourselves)with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief. 20 ...Sign ur � "�' ate STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )' On 2OD before me, Notary Public, personally appeare A- ►� sI _v, personally known to me (or 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. WITNESS my hand and official seal, MORAG 1M CO I N I ft Iofl N 1632966 Ndary RAft-caMbrNo Signature San DNpo Cou* NotaryPub J4P'*C4D"M b0mm Doc 24, ��II psi lil �i 'n,i h� '011.' 1111 ,.J'„�' VIII 111 'illi” 1�I111119111111111,Id1111JI11d 11191111119 pp!1111119111111111111111111 ...... ..........� I.. 1....1 w AGENT AUTHORIZATION' I hereby authorize to act for me/us in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. 20 Owner's Signature AGENT AFFIDAVIT I, We Rim �� being duly sworn depose and say that Itwe am the AGENT of the property involved in Al;n1ppoication and that I/we have familiarized myself(ourselves)with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief. 20 Signa ur ate STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On 20n� before me, lHOC Ate' � -1 - Notary Public, personally appeared ?—k _± , 1-a t � � personally known to me (or 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. WITNESS my hand and official seal. .. I MOM IRM C. 1,11. # 1622956 Signature CaXmft $M Coaxrly Notary Pub MV Iw24 I MhquV!„i ily�,i dppu''41411 "upo°' dilul ail„,i nli uql�inu„,i,,,i,m 'i itllllllllll@Illlllllllllllul , imuuuuuumI I I...... w m ui a in i, EA-773;CUP 07-7 101 Continental Blvd. ;:p( ab a Form No.1068-2 Commitment No.:NCS-255812-DC72 ALTA Plain Language Commitment Page Number:5 PARCEL A: PARCEL 1, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 7343,AS PER MAP FILED IN BOOK 76, PAGE 64 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID PARCEL FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WEST LINE NORTH 000 04' 35" EAST 117.85 FEET TO THE NORTHWEST CORNER; THENCE ALONG THE NORTH LINE OF SAID PARCEL 1 SOUTH 890 55' 25" EAST 925.57 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1;THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH 00 04' 35" SOUTHWEST 162.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE NORTH 890 55' 25" WEST 340.00 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE BOUNDARY NORTH 00 04' 35" EAST 44.50 FEET TO AN ANGLE POINT AND CONTINUING ALONG THE SOUTH BOUNDARY LINE NORTH 890 55' 25" WEST 585.57 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, SIMILAR TO THOSE SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND WITH NO RIGHT OR INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, IN THE SURFACE OF SAID LAND BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS OIL, GAS AND OTHER SUBSTANCES OF WHATEVER NATURE INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SAID RIGHTS AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION IN DEED RECORDED JUNE 30, 1969 AS INSTRUMENT NO. 759 IN BOOK D-4419 PAGE 266, OFFICIAL RECORDS. PARCEL B: THAT CERTAIN PROPERTY LOCATED IN SECTION 7, NORTH OF EL SEGUNDO BOULEVARD AND EAST OF SEPULVEDA BOULEVARD, IN THE CITY OF EL SEGUNDO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 7,TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO SAUSAL REDONDO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 000 04' 35" EAST 50.00 FEET FROM THE SOUTH LINE OF SECTION 7 AND SOUTH 890 55' 25" EAST 617.90 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 7 MEASURED ALONG THE SOUTH LINE; THENCE NORTH 000 04' 35" EAST, A DISTANCE OF 380.00 FEET ALONG A LINE PERPENDICULAR TO THE SOUTH LINE OF SAID SECTION 7; THENCE SOUTH 890 55' 25" EAST, A DISTANCE OF 585.57 FEET; THENCE SOUTH 000 04' 35"WEST, A DISTANCE OF 44.50 FEET; THENCE SOUTH 890 55' 25" EAST, A DISTANCE OF 340.00 FEET; THENCE SOUTH 000 04' 35" WEST,A DISTANCE OF 321.20 FEET TO INTERSECT A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 29.00 FEET; THENCE WESTERLY ALONG SAID CURVE,A DISTANCE OF 30.14 FEET ALONG AN ARC WITH A CENTRAL ANGLE OF 590 32' 59"TO A POINT TANGENT TO SAID CURVE AND LOCATED ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SECTION 7; THENCE NORTH 890 55' FirstAmerman Title Insurance Company EA-773; CUP 07-7 101 Coniinental Blvd. l Form No.1068-2 Commitment No.:NCS-255812-DC72 ALTA Plain Language Commitment Page Number:6 25" WEST,A DISTANCE OF 900.57 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE SPECIFIED OR NOT,WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND WITH NO RIGHT OR INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, IN THE SURFACE OF SAID LAND BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS OIL, GAS AND OTHER SUBSTANCES OF WHATEVER NATURE INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SAID RIGHTS AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA,A CORPORATION IN DEED RECORDED JUNE 30, 1969 AS INSTRUMENT NO. 759 IN BOOK 4419 PAGE 266, OFFICIAL RECORDS. APN: 4138-007-019 and 4138-007-006 EA-773;CUP 07-7 101 Continental Blvd. First American Title Insurance Company A %., ityo of Ell S Planning and Building Safety 350 Main Street EI Segundo,CA 90245 (310)524-2344; Fax(310)322-4167 www.elsegundo.org ENVIRONMENTAL CHECKLIST Environmental Assessment No: 9 p. Date: 8/23/07 ................................................................. ..._... I. BACKGROUND 1 M I Project Title: ft Hotel Alo , 11-i 2. Project Location' 101 Continent al Blvd 3. Araralia ant �._ _....... ._.a_ ... .. ,.... ---Fax or type) Phone Y Fax Innkeepers USA Richard Mi _ (561) 633-2352 Address RoSall Royal Poinciana Way, Suite 30.6 __...._ yeG'j mi ,e shos ercom 340 _ . Palm Beach, FL 33480 4. Property Owner-1 Name (print or type} Phone Fax Barker Pacific Group - Michael Barker (213) 624-1811 (213) 624-1813 Address Email 626 Wilshire Blvd. , Suite 1150 mdb@barkerp acific.com r .. Cit�// t1Zip Sl�lnat �1e t., City of El Segundo Initial Study Applicant Questionnaire 1 of 17 EA-773;CUP 07-7 101 Continental Blvd. ' I P 7 - 8 e iro w Ulty of t. r El S Planning and Building Safety 350 Main Street EI Segundo,CA 90245 (310)524-2344; Fax(310)322-4167 www.elsegundo.org ...................... . ......�H II A ENVIRONMENTAL CHECKLIST Environmental Assessment No I. Date: s 23/07 BACKGROUND 9. Project Title: Aloft Hotel Z. Project Location. 101 Continental Blvd„ 3 _ APPlicant Q r Name (print or type) Phone Fax Innkeepers USA - Richard Mie.l.bye (561) 227-1366 (561) 833-2352 Address .�............_............._........................ ....... ._Ema.1.l..._.....-�_ 340 Royal Poinciana Way, Suite 306 rmielbye@Innkeeperehospitality.com City/Stale Signature ( Palm Beach, FL 33480 4. Property,„Owner Name (print or type) Phone _ Fax Barker Pacific Group - Michael Barker (213) 624-1811 (213) 624-1813 Address Email db�b rl.erpacifi o - 626 Wilshire Blvd. , Suite 1150 ,� ” Clty/Stizip Cit of EI Segundo Initial Study Applicant Questionnaireyr EA-773;CUP 07-7 101 Continental Blvd. r.. 3 8 0 Los Angeles, CA 90017 ' 5. Representative of applicant: (i.e., attorney, expeditor,etc.) Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Name (print or type) Phone Fax 750 B Street, Suite 2100 morgan4s v.c Address Email San Diego, CA 92101 City/St/Zip �` Sig tuire 6. Architect/Engineer: Pacific Design Concepts - Jerry Garapich (702) 454-5842 (702) 454-7842 Name (print or type) Phone Fax 3005 W. Horizon Ridge Parkway, Suite 200 jerryg@pacdesignconcepts.com Address Email Henderson, NV 89052 City/St/Zip Signature Property situated at: See attached. (Exact legal description including Assessor Parcel Information. Provide attachment, if necessary). General location: 101 Continental Blvd. between El Segundo Blvd. and E. Grand Ave. Address (Street/Avenue) (Street/Avenue) Existing Zoning: C-O General Plan Land Use Designation: R-1 II. PROJECT INFORMATION /Ozj 1. Site Area: 71,170, s,f. Bldg Area: f Bldg. Height: 77'8 No. Floors: 6 Floor Area Ratio (FAR): -110 Percent of lot coverage by structures: 20.8%/9% entire site 2. Total no. employees: 40 Max. per shift: a Days/Hours of operation: 24 hours 3. Total Number of on-site parking spaces provided: 110 (40 additional with adjacent easement) Number-of on-site accessible spaces provided: 6 Number of on-site loading spaces provided:. 1 4. Proposed construction scheduling: Construction proposed to begin March 2008. 5. Will any permits (including a Hazardous Materials Business Plan) be required from agencies other than the City? (please explain) No 6. Will the project use, store, or dispose of potentially hazardous ch ibl , materials, toxic substances, flammables or explosives? lease explain) No . P (p p ) City of EI Segundo Initial Study Applicant Questionnaire 2 of 17 EA-773;CUP 07-7 101 Continental Blvd. �iLos Angeles, CA 90017 5. Representative of aoolicant: (i.e., attorney,expeditor,etc.) Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Name (print or type) Phone Fax 750 B Street, Suite 2100 morgan@scmv.com Address Email San Diego, CA 92101 City/SVZIp Signature 6. Arch ltect/En i+q far: Pacific Design Concepts - Jerry Garapich (702) 454-5842 (702) 454-7842 Name (print or type) Phone Fax 3005 W. Horizon Ridge Parkway, Suite 200 jerryg@pacdesignconcepts.com Address Email Cnd/St/ZI' NV 89052 ' rtY p �-__ gnature Property situated at: See attached. (Exact legal description including Assessor Parcel Information. Provide attachment, if necessary). General location: 101 Continental Blvd. between E1 Segundo Blvd. and E. Grand Ave. Address (StreoUAvenue) (Street/Avenue) Existing Zoning: C-O General Plan Land Use Designation: R-1 11. PROJECT INFORMATION 1. Site Area: 71,311 s.f' Bldg Area: "0'9'0- "". Bldg. Height: 771 8 No. Floors: 6 Floor Area Ratio (FAR): •S0 Percent of lot coverage by structures: 20.8%/9% entire site 2. Total no. employees: 40 Max. per shift: s Days/Hours of operation: 24 hours 3. Total Number of on-site parking spaces provided: 110 (40 additional with adjacent easement) Number of on-site accessible spaces provided: 6 Number of on-site loading spaces provided: 1 4. Proposed construction scheduling: Construction proposed to begin March 2008. 5. Will any permits (including a Hazardous Materials Business Plan) be required from agencies other than the City? (please explain) No 6. Will the project use, store, or dispose of potentially hazardous L"roilais, materials, toxic substances, flammables or explosives? (please explain) No City of EI Segundo Initial Study Applicant Questionnaire 2 of 17 EA-773;CUP 07-7 �, .' d,.. 101 Continental Blvd. If yes to either 5 or 6 please describe in detail on a separate sheet. 7. Existing land uses of the subject site and surrounding properties: Subject property: Parking lot North: Office Building/park East: Office building South. Office building West; Office building 8. Physical Site: Will the project modify existing natural features? No Estimated cubic yards of grading involved in the project: Cut= n/a Fill= 5,000 cubic yards 9. Other public agencies whose approval is required: (e.g., permits, financing, approval or participation agreement, etc.) State ACB alcohol license III. ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach and label photographs of the site and surrounding area. Flat, paved asphalt parking with painted stripping indicating parking spaces. Site is surrounded by large office buildings. No existing trees or plant life will be disturbed. No cultural, historic or scenic aspects will be -di444r4;1QA 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach and label photographs of the site and surrounding area. Surrounding properties are all at least sixteen story commercial office buildings and an eight story parking garages. .targe scale, dense development of office buildings except for ,�,rk to the_north teff, � Fv City of EI Segundo Initial Study Applicant Questionnaire 3 of 17 EA-773;CUP 07-7 101 Continental Blvd. w IV.ENVIRONMENTAL IMPACTS ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards&Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance EVALUATION OF IMPACTS 1. A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2. All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well as project- level,indirect as well as direct,and construction as well as operational impacts. 3. The checklist answers must indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant."Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." You must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case,a brief discussion should identify the following: a. Earlier Analyses Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 6. Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. City of EI Segundo Initial Study Applicant Questionnaire 4 of 17 EA-773;CUP 07-7 101 Continental Blvd. 0 ,21 7. Supporting Information Sources. A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a. the significance criteria or threshold,if any,used to evaluate each question;and b. the mitigation measure identified,if any,to reduce the impact to less than significance. ISSUES A brief written explanation is required for all of your responses to the following questions except those checked"No Impact". Your responses must be keyed to the corresponding question(e.g.a response to the first question should begin with"I a"followed by your narrative response). ji City of EI Segundo Initial Study Applicant Questionnaire 5 of 17 EA-773;CUP 07-7 101 Continental Blvd. a ,h Issues; Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS.Would the project: a). Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b). Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? ❑ ❑ ❑ c). Substantially degrade the existing visual character or quality of the site and surroundings? ❑ ❑ ❑ d). Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? ❑ ❑ ❑ Im II. AGRICULTURAL RESOURCES. In determining whether Impacts to agricultural resources are significant environmental Effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared By the California Dept.of Conservation as an optional model To use in assessing impacts on agriculture and farmland. Would the project: a). Convert Prime Farmland,or Farmland of Statewide Importance(Farmland),as shown on the maps prepared Pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- Agricultural use? ❑ ❑ ❑ ❑ b). Conflict with existing zoning or agricultural use,or a Williamson Act contract? ❑ ❑ ❑ M c). Involve other changes in the existing environment which,due to their location or nature,could result in conversion of Farmland,to non-agricultural use? ❑ ❑ ❑ 0 III. AIR QUALITY. Where available,the significance criteria Established by the applicable air quality management or air Pollution control district may be relied upon to make the Following determinations. Would the project: a). Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ b). Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ fl ❑ CSN City of EI Segundo Initial Study Applicant Questionnaire, r.,'LJ'��:"°�4,,, „., w..��Y' � '� ` 6 of 17 EA-773;CUP 07-7 101 continental Blvd, Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region nonattainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? ❑ ❑ ❑ IN d). Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑' ❑ IM c). Create objectionable odors affecting a substantial number of people? ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES. Would the project: a). Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ ❑ Ili ❑ b). Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? ❑ ❑ ❑ ❑ c). Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal,filling,hydrological Interruption,or other means? °°II ❑ ❑ II d). Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? ❑ ❑ ❑ e). Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance? ❑ ❑ ❑ 121 f). Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat Conservation plan? ❑ ❑ ❑ EA-773;CUP 07.7 101 Continental Blvd. , City of EI Segundo Initial Study Applicant Questionnaire 7 of 17 Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES. Would the project: a). Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of ❑ ❑ 13 the Public Resources Code? b). Cause a substantial adverse change in the significance of an archeological resource pursuant to Section 15064.5 of ❑ ❑ the Public Resources Code? c). Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ d). Disturb any human remains,including those interred outside of formal cemeteries? ❑ ❑ 13 VI. GEOLOGY AND SOILS. Would the project: a). Expose people or structures to potential substantial adverse effects,including the risk of loss,injury or death involving: i). Rupture of a known earthquake fault,as defined on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ❑ ❑ ❑ ii). Strong seismic ground shaking? ❑ ❑ ❑ iii). Seismic-related ground failure,including liquefaction? ❑ ❑ ❑ iv). Landslides? ❑ ❑ ❑ b). Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ 19 c). Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? ❑ ❑ ❑ d). Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code(1994),creating substantial risks to life or property? ❑ ❑ ❑ 10 e). Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ 11 rc-n-y q I EA-773;CUP 07-7 101 Continental Blvd. iI. Cit Se City of EI Segundo Initial Study Applicant Questionnaire ,;', 8 oft ' Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a). Create a significant hazard to the public or the environment through the routine transport,use or disposal of hazardous materials? ❑ ❑ ❑ 121 b). Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment? ❑ ❑ Cl c). Emit hazardous emissions or handle or acutely hazardous materials,substances,or waste within one-quarter mile of an existing or proposed school? ❑ ❑ ❑ d). Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? ❑ ❑ ❑ ❑ e). For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people working in the project area? ❑I ❑ ❑ 121 D. For a project within the vicinity of a private air strip, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ 10 g). Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ Q ❑ h). Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑' ❑ ❑ VIII. HYDROLOGY AND WATER QUALITY. Would the project: a). Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ b). Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land use or planned uses for which permits have been granted? ❑ ❑' ", 'j`i q "''°N City of EI Segundo Initial Study Applicant Questionnaire i'"��, r, •S of 17 EA-773;CUP 07-7 101 Continental Blvd. , i ^NmudW �w �iNnWN Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c). Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? ❑ ❑ ❑ d). Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,in a manner which would result in flooding on-or off-site? I"J ❑ ❑ M e). Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage system or provide substantial additional sources or polluted runoff? ❑ ❑ ❑ ❑ f). Otherwise substantially degrade water quality? ❑ ❑ ❑ g). Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ ❑ El h). Place within a 100-year flood hazard area structures which would impede or redirect flood water? ❑ ❑ ❑ i). Expose people or structures to a significant risk of loss, injury or death involving flooding,including flooding as a result of the failure of a levee or dam? ❑ ❑ ❑ IXI j). Inundation by seiche,tsunami,or mudflow? ❑ ❑ IX. LAND USE AND PLANNING. Would the project: a). Physically divide an established community? ❑ ❑ ❑ b). Conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? 0 ❑ ❑ Im c). Conflict with any applicable habitat conservation plan or natural community conservation plan? Cl ❑ ❑ X. MINERAL RESOURCES. Would the project: a). Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? d ❑ ❑ ISI City of El Segundo Initial Study Applicant Questionnaire P,1, A,, :,,, .,, . Of 17 EA-773;CUP 07-7 101 Continental Blvd. �J (1 17 Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b). Result in the loss of availability of locally-important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? ❑ ❑ ❑ 13 XI. NOISE.Would the project result in: a). Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standard of other agencies? ❑ ❑ ❑ b). Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? ❑ ❑ ❑ c). A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ ❑ d). A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ 131 e). For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ f). For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ El XII. POPULATION AND HOUSING. Would the project: a). Induce substantial population growth in an area,either directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of road or other infrastructure)? 0 ❑ ❑ b). Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ c). Displace substantial numbers of people,necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ El City of EI Segundo Initial Study Applicant Questionnaire 11 of 17 EA-773;CUP 07-7 101 Continental Blvd. 3807 D Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. PUBLIC SERVICES. Would the project: a). Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ 93 Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ XIV. RECREATION. Would the project: a). Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ q ❑ b). Does the project include recreation facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? ❑ ❑ ❑ XV. TRANSPORTATION/TRAFFIC. Would the project: a). Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections? ❑ ❑ ❑ b). Exceed,either individually or cumulatively,a level of service standard established by the county congestion management agency for designated roads or highways? ❑ ❑ ❑ c). Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? ❑ ❑ ❑ EA-773;CUP 07-7 101 Continental Blvd. y G„r City of EI Segundo Initial Study Applicant Questionnaire '', I'G x' 12 nif °N ° Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d). Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? ❑ ❑ e). Result in inadequate emergency access? ❑ 0 ❑ f). Result in inadequate parking capacity? ❑ 13 ❑ g). Conflict with adopted policies,plans,or programs supporting alternative transportation(e.g.,bus turnouts,bicycle racks)? ❑ E3 ❑ XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a). Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ❑ b), Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? ❑ ❑ ❑ 11 c). Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ❑ d). Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded entitlements needed? ❑ ❑ ❑ e). Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ f). Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ g). Comply with federal,state,and local statutes and regulations related to solid waste? ❑ ❑ ❑ Cxl EA-773;CUP 07-7 101 Continental Blvd. City of EI Segundo Initial Study Applicant Questionnaire 13 of 17 . . Issues: Less than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a). Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory 9 ❑ ❑ ❑ b). Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects.) ❑ ❑ ❑ ❑ c). Does the project have en.viroru°nental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ rq EA-773;CUP 07-7 101 Continental Blvd. City of El Segundo Initial Study Applicant Questionnaire..�.. �.ITnaire,........_..w.- �� .......... 14 of 17 OWNER'S AFFIDAVIT I, ► 1 � being duly sworn depose and say that I/We am the OWNER of the property involved in this application and that I/We have familiarized myself (ourselves) with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my/our nowledge and belief. S gnature ate STATE OF CALIFORNIA, ) County of Los Angeles )ss. On this 2gTti day of Au 20 y1 , before me, the undersigned Notary Public in and for said County and State, personally ap�eared i chase. , known to me to be the person whose name ► "D subscribed to the within instrument, and acknowledged to me that he/sdexecuted the same. WITNESS my hand and official seal. Notary Public in and car said ICounty andT Mate ' ptRLA G. QUINTANA CommMoon 0 1766463 frWory Nubft-C0"f0lrr" La Iell Couffl r .I1.M 12yy 2011 ^� 71iiIIWii,oiii,i VgV'u'IVI�rtgV anlmryinpduwgl,ouRlu„i u'Illri. EA-773;CUP 07-7 101 Continental Blvd. City of EI Segundo Initial Study App.... ...�...........�.�...... . .......�.._...�_._...�...__.._._.._._......._._._. .a, ._.�..... . Ilcant Questionnaire 15 of 17 3 8 CRY of E,l Segundo Planning and Building Safety Dept. 360 Main Street El Segundo,CA 90245 (310)6242344; FAX{314}322-4167 .elsequndo.om APPLICATION FOR A CONDITIONAL USE PERMIT Environmental Assessment No: Conditional Use Permit No: 8/23/07 A2RICHOILL Imikeepers USA - Richard hiielbye (561) 227-1366 (561) 833-2352 Name (print or type) Phone Fax 310 Royal Poinciatia Way, Suite 306 rmiel � B»eepershtospitali.ty.com Address a!' Palm Beach, FL 33480 city/SvZiip S gna re Check One: Owner ❑ Lessee ❑ Agent Property Owner: Barker Pacific Group, - Michael Barker (213) 624-1811 (213) 624-1813 Name (print or type) Phone Fax 626 Wilshire Blvd., Suite 1150 G'cdWbarkerpacific.com Address Email Los Angeles, CA 90017 city/St/Zip Signature presentativeof a Heart: (le., attorne yr eta„ Seltzer Caplan McMahon Vitek - Cynthia Morgan (619) 685-3064 (619) 702-6860 Dame(print or type) Phone Fax 750 B Street, Suite 2100 morga0Q)scmv.c0m Address Email San Diego, CA 92101 City/St2ip @ndtUie I' 6 EA-773;Cup 07-7 101 Confly"efftl Blvd. aw AGENT AUTHORIZATION I hereby authorize to act for me/us in all matters relevant to this application. understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. Owner's Signature AGENT AFFIDAVIT I, We i i ckac l .\ 1e. being duly sworn depose and say that I/We am the AGENT of the property involved in this applicatlo and that IJWe have familiarized myself (ourselves) with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief. L W;4'0 20 Q Signature Qat, STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ° _ b2, )SS- perF �'efore me, T12��t� Notary Public, p sona:1 y appeared _91(NAw�,, &N. „ M 1 aLi-%L1w , personally known to me or 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. WITNESS my hand and official seal. 0 Signaturer4 __ � Notar ublic ! � City of EI Segundo Initial Study Applicant Questionnaire i „''; 16 of,1"7 EA-773;CUP 07-7 101 Continental Blvd. 3 0 uu Form No. 1068-2 Commitment No.:NCS-255812-DC72 ALTA Plain Language Commitment Page Number:5 PARCEL A: PARCEL 1, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 7343,AS PER MAP FILED IN BOOK 76, PAGE 64 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID PARCEL FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WEST LINE NORTH 000 04' 35" EAST 117.85 FEET TO THE NORTHWEST CORNER; THENCE ALONG THE NORTH LINE OF SAID PARCEL 1 SOUTH 890 55' 25" EAST 925.57 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH 00 04' 35" SOUTHWEST 162.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE NORTH 890 55' 25" WEST 340.00 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE BOUNDARY NORTH 00 04' 35" EAST 44.50 FEET TO AN ANGLE POINT AND CONTINUING ALONG THE SOUTH BOUNDARY LINE NORTH 890 55' 25" WEST 585.57 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, SIMILAR TO THOSE SPECIFIED OR NOT,WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND WITH NO RIGHT OR INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, IN THE SURFACE OF SAID LAND BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS OIL, GAS AND OTHER SUBSTANCES OF WHATEVER NATURE INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SAID RIGHTS AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION IN DEED RECORDED JUNE 30, 1969 AS INSTRUMENT NO. 759 IN BOOK D-4419 PAGE 266, OFFICIAL RECORDS. PARCEL B': THAT CERTAIN PROPERTY LOCATED IN SECTION 7, NORTH OF EL SEGUNDO BOULEVARD AND EAST OF SEPULVEDA BOULEVARD, IN THE CITY OF EL SEGUNDO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 7,TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO SAUSAL REDONDO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 000 04' 35" EAST 50.00 FEET FROM THE SOUTH LINE OF SECTION 7 AND SOUTH 890 55' 25" EAST 617.90 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 7 MEASURED ALONG THE SOUTH LINE; THENCE NORTH 000 04' 35" EAST,A DISTANCE OF 380.00 FEET ALONG A LINE PERPENDICULAR TO THE SOUTH LINE OF SAID SECTION 7; THENCE SOUTH 890 55' 25" EAST,A DISTANCE OF 585.57 FEET; THENCE SOUTH 000 04' 35" WEST, A DISTANCE OF 44.50 FEET; THENCE SOUTH 89° 55' 25" EAST, A DISTANCE OF 340.00 FEET; THENCE SOUTH 000 04' 35" WEST,A DISTANCE OF 321.20 FEET TO INTERSECT A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 29.00 FEET; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 30.14 FEET ALONG AN ARC WITH A CENTRAL ANGLE OF 590 32' 59"TO A POINT TANGENT TO SAID CURVE AND LOCATED ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SECTION 7; THENCE NORTH 890 55' q�1 First American Title Insurance Company EA-773;CUP 07-7 101 Continental Blvd. 18 0 r,,;, Form No. 1068-2 Commitment No.:NCS-255812-DC72 ALTA Plain Language Commitment Page Number:6 25" WEST,A DISTANCE OF 900.57 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND WITH NO RIGHT OR INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, IN THE SURFACE OF SAID LAND BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS OIL, GAS AND OTHER SUBSTANCES OF WHATEVER NATURE INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SAID RIGHTS AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION IN DEED RECORDED JUNE 30, 1969 AS INSTRUMENT NO. 759 IN BOOK 4419 PAGE 266, OFFICIAL RECORDS. APN: 4138-007-019 and 4138-007-006 FirstAmerican Title Insurance Company EA-773;CUP 07-7 101 Continental Blvd. SIIII jjy .� u Plan"nina''' "''Staff to corinolIete Date Received: EA No: Planner: (print name) Related Application Nos. Signature: Fee Paid: EA-773•CUP 07-7 101 Continental Blvd. p City of EI Segundo Initial Study Applicant Questionnaire m..., .......... �_ 17 of17