CONTRACT 4271A AmendmentAL
E502861
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201 700 928
Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
California
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01/23/17 AT 12:07PM
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201701233310055
00013270638
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008097450
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RECORDING REQUEST BY
City of EI Segundo
WHEN RECORDED MAIL TO:
City of EI Segundo
City Clerk's Office
350 Main Street
EI Segundo, CA 90245
01; 23/2017
'20170088928'
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
=�-GF--E--X-MP"FIRST AMENDMENT OF DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF EL SEGUNDO AND EL SEGUNDO UNIFIED SCHOOL DISTRICT
EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE § 6103
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 Govt. Code §6103
4' 7 " A
THIS SPACE ABOVE FOR RECORDER'S USE
FIRST AMENDMENT OF
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND EL SEGUNDO UNIFIED SCHOOL DISTRICT
(540 E. IMPERIAL AVENUE SITE)
This First Amendment of Development Agreement ("First Amendment") is entered into
this 28th day of September, 2016, by and between the CITY OF EL SEGUNDO ("City"), a
municipal corporation and the EL SEGUNDO UNIFIED SCHOOL DISTRICT ("Developer").
RECITALS
A. City and Developer entered into that certain Development Agreement dated May
4, 2012 ("Development Agreement"), which Development Agreement was recorded on May
30, 2012, in the Official Records of Los Angeles County as Document No. 20120798461.
Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such
terms in the Development Agreement.
B. Section 4.6.3 of the Development Agreement provides that any proposed
modification to the Project that would decrease required building setbacks, increase total
developable square footage or FAR, increase building heights, decrease minimum required lot
areas, deviate from certain development standards or materially modify the obligation to provide
LEED certification for the Project, constitutes a "Major Modification" that requires an
amendment to the Development Agreement
C. Concurrent with consideration of this First Amendment, City is processing an
Amendment to the 540 East Imperial Avenue Specific Plan ("Specific Plan Amendment") and
an amendment to Vesting Tentative Map No. 71582 ("VTM Amendment") for purposes of
modifying building setbacks, developable square footage and FAR, building height, minimum lot
area, applicable development standards, and LEED certification/energy efficiency requirements,
among other things. City and Developer desire to enter into this First Amendment in order to
provide consistency with and to establish vested rights to develop the Project in accordance with
the Specific Plan Amendment and the VTM Amendment.
AGREEMENT
1. Artigidniept cel" I evelo,fmi, ii,t i¢� �7 . The following sections and exhibits of the
Development Agreement are hereby amended as follows:
A. The definition of "Applicable Rules" set forth in Section 1 is hereby amended to also
include the Specific Plan Amendment.
B. The definition of "Project Approvals" set forth in Section 1 is hereby amended to also
include the Specific Plan Amendment and the VTM Amendment.
C. All references in subsections 2.3 and 4.6.3 to the "540 East Imperial Avenue Specific
Plan" are hereby deleted and replaced with "540 East Imperial Avenue Specific Plan, as
amended by the Specific Plan Amendment."
D. All references in subsection 4.6.4 to the "Specific Plan" are hereby deleted and replaced
with "540 East Imperial Avenue Specific Plan, as amended by the Specific Plan
Amendment."
E. A new Section 4.17 is hereby added as follows:
"4.17 1::3uildiiw,, lnsoectiocis. The City agrees to use its best efforts to expedite
the building inspection process for the Project. The Director or his designee will
endeavor to schedule building inspections within two business days of
Developer's request. In the event that City is unable to perform such duties
within the time frame outlined in this Agreement, the City agrees that Developer
may hire and pay a consultant to perform such duties, with the express written
consent of the City, not to be unreasonably withheld."
F. A new subsection, Subsection 5.3.3, is hereby added as follows:
"5.3.3 To ensure that the above -referenced units designated as affordable remain
affordable to low, very low and extremely low households, Developer must enter
into an Affordable Housing Agreement with the City prior to the issuance of the
first certificate of occupancy issued for the Project. The Affordable Housing
Agreement must be recorded with the Los Angeles County Register -Recorder's
office."
G. Section 5.8 is hereby deleted in its entirety and replaced with the following:
"The Project shall be developed in compliance with the energy
efficiency standards set forth in the Specific Plan Amendment."
H. A new section, Section 5.9, is hereby added as follows:
"5.9 Public Benefit Contributions. In exchange for the valuable development
rights secured by this Development Agreement, Developer agrees to make the
following contributions, in the aggregate amount of One Million Dollars
($1,000,000):
Developer will contribute Five Hundred Thousand Dollars ($500,000) to the
City, with Two Hundred and Fifty Thousand Dollars ($250,000) contributed
to the City before the first Certificate of Occupancy is issued for the first
Single -Family Detached Unit, and Two Hundred and Fifty Thousand Dollars
($250,000) contributed to the City before the twenty-fourth Certificate of
Occupancy is issued for the final Single -Family Detached Unit.
Notwithstanding the foregoing, the total amount of $500,000 must be
contributed to the City no later than five years from the date of the First
Amendment. As used herein, "the date of the First Amendment" is November
18, 2016, the effective date of the ordinance adopting this First Amendment.
2. Developer will contribute One Hundred Thousand Dollars ($100,000) to the
City's Aquatic Fund, to be contributed to the City no later than 60 days from
the date of the First Amendment.
3. Developer will contribute One Hundred Thousand Dollars ($100,000) to El
Segundo Little League (Challenger Division), to be contributed to the City no
later than 60 days from the date of the First Amendment.
4. Developer will contribute Three Hundred Thousand Dollars ($300,000) to
reimburse the City for its estimated costs of administering and enforcing the
affordable housing component of the Project, with One Hundred and Fifty
Thousand Dollars ($'150,000) to be contributed to the City before the first
Certificate of Occupancy is issued for the first affordable unit and One
Hundred and Fifty Thousand Dollars ($150,000) to be contributed to the City
before the sixth Certificate of Occupancy is issued for the final affordable
unit. Notwithstanding the foregoing, the total amount of $300,000 must be
contributed to the City no later than five years from the date of the First
Amendment."
I. Exhibit "D" of the Development Agreement is hereby deleted in its entirety and replaced
with Exhibit "D-1" attached hereto and incorporated herein.
2. Good l aith Conviiance. This First Amendment shall constitute the City's Periodic
Review pursuant to Section 8.1 of the Development Agreement and City's determination
that Developer is in substantial compliance with the terms and provisions of the
Development Agreement.
3. 1`11'ect cal' Anieni inert. Except as expressly provided in this First Amendment, the
Development Agreement shall not be amended or otherwise modified. In the event there
is a conflict between the terms of the Development Agreement and the terms of this First
Amendment, the terms provided in this First Amendment shall control. On and after the
date hereof, each reference in the Development Agreement to "this Agreement,"
"hereunder," "hereof," "hereto," "herein," or words of like import referring to the
Development Agreement shall mean and be a reference to the Development Agreement
as amended by this First Amendment.
4. Recordation. This First Amendment shall be recorded with the County Recorder of the
County of Los Angeles by the City Clerk of City.
COLInternarts. This First Amendment may be executed in one or more counterparts, each
of which, taken together, shall constitute one fully executed original.
[Signatures on following page]
4
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this First
Amendment on the date first above written.
ATTEST:
oawx
Tracy Weave ", ",ity Clerk
APPROVI-ID AS TO 1"( I�.M:
Mark )I le tgeyCtLL A^.,�
CITY:
CITY OF EL SEGUNDO, a municipal corporation
0iBACA,a�11ntes.
Mavor
DEVELOPER:
EL SEGUNDO UNIFIED SCHOOL DISTRICT
...... . .. .
Its: Pe
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 ;ailaachcd, and not the truthfulness, accuracy, or validity of that document.
State of Cr lilornia
County ol`0 v�
Ona� '/ I , before me, 1., ,,mmm ,_mmmm ' , a Notary Public,
personally aal. l exar((IIT . who proved to me on the basis of
satisfactory evidence to be the personwhose na rule i sh#," subscribed to the within
to
instrument and acknowledged me t lit �t ,,,''she/tl,)<y e;seuuted the same in Vs/her/t�ia°
authorized capacity(), and that by i)�/hcrftho(r sig,nattare% ca 1 the ilastra.lment tita laersta aA i t
the entity upon behaall'of"which the persons acted, eUctIted tile, instraliaaent.
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.
Signature
g .r
0 AI.P.I'SONW Fl. A NOM SON't
W'olarY Public . Californ'io
LLos Angeles County
Commission # 2127002
M Cornrrr Expires Sep 18, 2019
„..,,,., ..„,'.,,,„,,�,w.,,
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 altaached, and not the 4rartltl"txlrtcss. accuracy, or validity of that document.
State of California
County of,.,,,,. .............___
On , before me, , a Notary Public,
personally appeared ,,,,° who proved to me on the basis of
satisfactory evidence to be the person(s) whose naam •Kis/are subscribed to the within
instrument and acknowledged to me that he/shc/ ey e�xexl the same in his/her/their
authorized capacity(ies), and that by his/her/ eir si ) on the instrument the person(s), or
the entity upon behalf of which the laeasa.w ) a( executed the instrument.
I certify under PENALTY OF P[' i9l raa s r iie laws of the State of California that the
foregoing paragraph is true an cor¢ t: r"ill
WITNESS my hand an( f"f ill seal."
Signaalttr/
005032.001 17 SMRH:480383588 4 -6-
14751958.1
January 23, 2017
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On January 17, 2017, before Mona Shilling, Deputy City Clerk II, personally
appeared Suzanne Fuentes, Mayor, City of El Segundo, personally known to me
to be the person whose name is subscribed to on the within instrument, and
acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or entity upon behalf of
which the persons acted, executed the instrument.
Witness my hand and Official Seal
Mot a F. w i�g, eputy City C r' 1
EXHIBIT "D-1"
540 EAST IMPERIAL AVENUE SPECIFIC PLAN
HOUSING SET ASIDE — 5% Option 1/10% Option 2
OPTION 1 (289 Total Units) 15 total
Assisted Living Units Required
1. Extremely Low 2
...................................................................................................................................................................................................................................
2. Very Low 2
3. Low 3
Total 15% Set Aside 7 Units
4° n 7
OPTION 2 (58 Total Units) 6 units total
Mixed Residential Units Required
1. Extremely Low 2
........................................................
2. Very Low 2
3. Low 2
Total 10% Set Aside 16 Units
Senior Condominiums/ Units Required �� i IN11I\11 iY�ll�111������Ilii 1 �tI�muu��1l1�11"llIdI� � I����I 91mtl� I iuIItludl. 11111 I�I �III,�Iu�VIMI u (�r�N +Vu,'pIl�llllIllVtlltll IY��'�l ,I u�m�1IiireI1'��'l�ipl�^q�`„pgol i'u"iinllllplryhllil1@1@,„II"1I11�171yyI
I11l)t11
Apartments
,
I,I,I, a qIq Ip Ip1111Ptu� i � I,�� ;vo's'°I I'uu�lplllllliii
IA Illu a liiiii �, I ..Illlll���lllg ll'i" I `� a I�'I I �''
i lm 'mol IIID uNlll 1` pRmlo P 19 mup!d'
1. Extremely Low 2 �', 1�uuIIIIIIIVI Illi����ll�ll � ���I�,� 11� IIII �I°IGI�III hl��� III Ih ,,��IIIIIIM 61,�u
IIIIVINpI0Vl � 1 dl IN' 'll "i,Y,"11111\\\� I
I��A,�I�`II�II�'IY,,,,NIII,11�����'�I d1u�19111111110 � 1)�NIII��'^^,. VIII �IIIIII I'�Irul �4� �ImliM1,l�`V�h lu�`hlp����� yI \ IN,I,III l�' (����
dla q ��1111,iiIN pll '� I �I�I� 111111 1�11i IIIIIIII Vpl nu �� j �yllli Ali' ^u�l',I�Yi'� IIV I 1 II� � ����1�III{�I �����III'�` II�IV�I�I��I�
2. Very ow L 3
� ill Ip IR,\11.144191 1111111 I I imlo�W� NII I II� II� 'III I�'" I�
� N.1 I I � �D IIv � �Illllll��,�lh�l„ �'1�,lII�I iii II wlil IN I� �ry I�� I, �IIIIII
3. Low 3111 II,1°I PII�!�11,WI1o�ll1 �,V „,Ih �II@°,,,,,,'°1111\\11 �I ullllllu�ll IVIIIIVII II�� %�`IVIYllllllil�``''fh ^d i, IIIl�yjlli�I `II II tl
IR4� �hl,,�,Ir�dIiPV���1flllp�l IViII�NN11hr��1111P\ p „t, IIIA 16iin�V� �pp; i (III uIV � N1lnlllll� I IIII I iIj' IIIIIII� III
I��IIII�II) IIYI�plp�uu IvNI� ldl'INII11�11I) 5`'911 ��Ia�I�1��Id1tIlY�I�I�j��II�� � �II�I� I �p'II�II�'!'Y��I'IIINF'�1��"tlllil�IV �4111;�P P I�I��I��lil� ��
0 10i i�n;lY �I � �'lu ( �Ni,",�A ���.i II P r', dlil pN�);; �I'il'ulN�lrlall�l �h I' �) Illula��hld p�Pl,l; � I�p � IIU� 41�!jlll, YII I, 1111191 'pp N 1, III N �I �II�91 �IIIII �I �flflII II „�,,,,
Total 15 /o Set Aside 8 Units
d�i�llllllh N^���' IIII iml �II� �ull,uiiu � II I II^I p NII I��II, III 111111 w f lyll^�ql
I IIIIIVoo"i"l�Nl� �lyllllu���!�I�III�i14hIIV110iII�I����w�lu��ull�i�i�I��IUIIfY'I�Ilii411s�ol'IIIh��IV�ylllui���IY�III�IIIIC'ii��lllll1111',vll'uIIVIIi)))))nIIIIIIIIIViyltllVu�umilll"Iiliiill
The unit totals shown by income category in this table represent the proportional percentage of the City's total Regional Housing Needs
Assessment (RHNA) allocation for the lower income categories shown. In this case, the RHNA allocation for the combined lower income
categories is 71 total units, The Extremely Low income category represents 31 percent of the total allocation; the Very Low i ncome category
represents 31 percent of the total allocation and the Low Income category represents 38 percent of the total RHNA allocation These same
percentages were applied to the unit totals for this project