Legislation Details

File #: HIST-10089    Version: 1 Subject:
Type: Historical Status: Historical
In control: HISTORICAL - REDEVELOPMENT
On agenda: 12/8/2008 Final action: 12/8/2008
Title: Authorization for the Executive Director to Execute an Implementation Agreement with Axis Mundi RE II, LLC, for Development of the Baldwin Site (12803-23 West Washington Boulevard.)
Attachments: 1. Authorization for the Executive Director to Execut - SR 08-12-08 Baldwin Impl Agmt - FINAL.doc, 2. Authorization for the Executive Director to Execut - ATT 08_12_08 Baldwin Impl Agmt.pdf
City of Culver City, California Redevelopment Agency Agenda Item Report RECOMMENDATION: Staff recommends the Culver City Redevelopment Agency (“Agency”) approve an Implementation Agreement with Axis Mundi RE II, LLC, for the development of the Baldwin Site at 12803-23 West Washington Boulevard (the “Site”). BACKGROUND: On February 4, 2008, the Agency approved a Disposition and Development Agreement (DDA) with Axis Mundi RE II, LLC (“Axis Mundi”) which provides for the sale of the Site to Axis Mundi and the subsequent development of the Site by Axis Mundi. The development proposed for the Site will create: a 37,000 square foot commercial building featuring office condominiums above ground floor retail, a 39 space public parking lot to be operated in partnership with the City, underground parking for the office users, extensive environmentally friendly “green” features and incorporates the public art component into the building design. The DDA contained a Schedule of Performance, which listed tasks and dates which the parties must achieve leading to the sale and development of the Site. On August 20, 2008, Axis Mundi wrote to the Assistant Executive Director to request revisions to the Schedule of Performance. The request was made necessary because the current economic conditions have delayed Axis Mundi’s ability to secure financing for the project. On October 6, 2008, the Agency met in closed session to give negotiation instructions to staff regarding the requested changes to the terms of the sale of the Site. Meeting Date: 12/08/2008 Item Number: A-1 AGENDA ITEM: Approval of an Implementation Agreement with Axis Mundi RE II, LLC, for Development of the Baldwin Site (12803-23 West Washington Boulevard.) Contact Person/Dept.: John Fisanotti Phone Number: (310) 253-5767 Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master E-Mail Notification List (12/03/08) Department Approval: Sol Blumenfeld (11/19/08) Exec. Director Approval: Jerry B. Fulwood (12/02/08) Chief Financial Officer Approval: Jeff Muir (12/02/08) City of Culver City, California Redevelopment Agency Agenda Item Report DISCUSSION: Recent economic events have affected Axis Mundi’s ability to line up the financing needed to meet its obligations in the Schedule of Performance to the DDA. After considering its options, the Agency directed staff to prepare amendments to the DDA in the form of an Implementation Agreement. The Implementation Agreement, which is enclosed in the Agenda packet as Attachment No. 1, is consistent with the negotiation instructions given to staff. The primary revisions to the terms of the sale of the Site which are incorporated into the Implementation Agreement are: • The close of escrow was moved back six months from December 10, 2008 to June 10, 2009; • The buyer’s second deposit into escrow is no longer due when entitlements for the Site are obtained. The deposit is now due 60 days before the close of escrow. Other, secondary revisions incorporated into the Implementation Agreement include: • Clean up of inconsistencies in the original Schedule of Performance; • Minor Revisions to the Subterranean Easement Agreement. FISCAL ANALYSIS: Approval of the proposed Implementation Agreement does not change the financial terms of the DDA. It does give the developer more time to arrange financing and to close escrow on the purchase of the Site from the Agency. If the Implementation Agreement is approved, then the land sale proceeds the Agency expects to realize will still be received in Fiscal Year 2008-09, just as in the original DDA. Barring any further time extensions, the Agency will receive $3.2 million in land sale proceeds no later than June 2009. In June 2007, the City loaned $9 million to the Agency, to be repaid from land sale proceeds. The Agency has made one payment so far and the loan balance is currently $7 million. Proceeds received from the sale of the Site in June 2009 will still be received in time to make a payment against the remaining balance of the loan during Fiscal Year 2008/2009. ATTACHMENTS: 1. Implementation Agreement City of Culver City, California Redevelopment Agency Agenda Item Report MOTION: That the Redevelopment Agency: 1. Approve an Implementation Agreement with Axis Mundi, RE II, LLC for the development of the Baldwin Site (12803-23 West Washington Boulevard.); and, 2. Authorize the Agency General Counsel to review/prepare the necessary documents; and, 3. Authorize the Executive Director to execute such documents. MEETING DATE: 12/08/08 AGENDA ITEM: Authorization for the Executive Director to Execute an Implementation Agreement with Axis Mundi RE II, LLC, for Development of the Baldwin Site (12803-23 West Washington Boulevard.) ATTACHMENTS Pages 1. Implementation Agreement 1-15FIRST IMPLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT by and between THE CULVER CITY REDEVELOPMENT AGENCY and AXIS MUNDT RE II, LLCFIRST IMPLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT This FIRST IMPLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT ("First Implementation Agreement") is dated as of , 2008, and is entered into by and between the CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and AXIS MUNDI RE II, LLC, a California limited liability company ("Developer"), with reference to the following facts: RECITALS A. The Agency and Developer entered into that certain Disposition and Development Agreement dated as of February 7, 2008, pertaining to the development and construction of a high quality 37,300 square foot commercial/office condominium building ("the Project"). The DDA is incorporated herein by this reference. DDA as used herein shall mean, refer to and include the DDA, as well as any riders, exhibits, addenda, implementation agreements, amendments and attachments thereto (which are hereby incorporated herein by this reference). Any capitalized term not defined herein shall have the meaning ascribed to such term in the DDA. B. Due to the current turmoil in the national economy, Developer has requested, and the Agency has agreed, to adopt a revised development and construction schedule for the Project to replace Attachment No. 3 to the DDA, as set forth in the Revised Schedule of Performance, attached hereto as Attachment No. 1. C. Developer and Agency additionally agree to adopt the Revised Subterranean Encroachment Agreement to replace Attachment No. 10 to the DDA, in a form approved by the City Engineer and attached hereto as Attachment No. 2. NOW, THEREFOR, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals The Recitals and attachments referenced above are hereby incorporated by reference into this First Implementation Agreement and adopted by the parties to this First Implementation Agreement as true and correct. 2. Schedule Changes The Developer's obligations regarding the schedule of development and construction for the Project shall be in accordance with the Revised Schedule of Performance, attached hereto as Attachment No. 1. The Revised Schedule of Performance shall supersede in its entirety the Schedule of Performance attached to the DDA as Attachment No. 3 and any conflicting language in the DDA. Version 13. Subterranean Encroachment. The Developer's obligations regarding the subterranean encroachment contemplated by Section 801 of the DDA shall be in accordance with the Revised Subterranean Encroachment Agreement, attached hereto as Attachment No. 2. The Revised Subterranean Encroachment Agreement shall supersede in its entirety the Subterranean Encroachment Agreement attached to the DDA as Attachment No. 10. 4. Binding on Successors and Assigns. This Agreement and all of the terms and conditions herein shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of the parties. 5. DDA in Full Force and Effect. Except as otherwise expressly provided herein, the terms and conditions of the DDA shall remain unmodified and in full force and effect. 6. Further Assurances. The parties agree to execute such other documents and to take such other action as may be reasonably necessary to further the purposes of this Agreement. 7. Third Party Beneficiaries. The parties to this Agreement acknowledge and agree that the provisions of this Agreement are for the sole benefit of Agency and Developer, and not for the benefit, directly or indirectly, of any other person or entity. 8. Effectiveness of this Agreement. This Agreement shall not be effective unless and until both of the following conditions have been satisfied: a. This Agreement has been duly approved by the Agency; and b. This Agreement has been duly executed by the Agency and Developer. SIGNATURES ON NEXT PAGE SPACE IN i ENTIONALLY LEFT BLANK Version IBy: James Suhr & Associates, LLC, a California limited liability company, Member Date: /I The date of this Agreement shall be the date it is signed by the Agency. DEVELOPER AXIS MUNDT RE II, LLC, a California limited liability company By: Walter N. Marks Realty Company, a California corporation, Member CULVER CITY REDEVELOPMENT AGENCY Date: By: Jerry Fulwood Executive Director APPROVED AS TO FORM: KANE, BALLMER & BERKMAN By: Murray 0. Kane Agency General Counsel Version 1 LiATTACHMENT NO. 1 REVISED SCHEDULE OF PERFORMANCE I. GENERAL PROVISIONS I. Opening of Escrow. Opening of escrow Within five (5) days of the Agency's shall occur. execution of the DDA. 2. Submission - Architect, Landscape Architect Within seven (7) days of Agency and Civil Engineer. Developer shall submit execution of the DDA. to Agency for approval of the names and qualifications of its architect, landscape architect, and civil engineer. 3. Approval - Architect, Landscape Architect Within seven (7) days following receipt and Civil Engineer. Agency shall approve by the Agency. or disapprove the architect, landscape architect, and civil engineer. II. ACQUISTION 1. Submission of First Deposit. Developer shall deposit into escrow the First Deposit in the amount of $160,000. 2. Submission of Second Deposit. Developer shall deposit into escrow the Second Deposit in the amount of $640,000. 3. Submission of Final Deposit. Developer shall deposit into escrow the Second Deposit in the amount of $2,400,000. 4. Close of Escrow. Developer shall satisfy all conditions precedent to conveyance of the Site listed under Sections 215(a)(1)-(10) and 216(a)(1)-(5) of the DDA. Within five (5) business days after execution of the DDA by the Agency and upon opening of Escrow. No later than sixty (60) days prior to Close of Escrow. At least two (2) business days prior to Close of Escrow. No later than June 10, 2009_ HI. DEVELOPMENT Submission — Schematic Level Drawings. Developer shall prepare and submit to Agency the Schematic Level Drawings for the Improvements on the Site. Within thirty (30) days of execution of the DDA by the Agency. Version.] Attachment No.2. Approval - Schematic Level Drawings. Within seven (7) business days after Agency shall approve or disapprove the receipt by Agency. Schematic Level Drawings for the Improvements on the Site. 3. Submission - Preliminary Construction Within ninety (90) days after Agency's Drawings, and Preliminary Landscaping and approval of Schematic Level Drawings. Grading Plans. Developer shall prepare and submit to Agency preliminary construction drawings and preliminary landscaping and grading plans for the Improvements on the Site. 4. Approval - Preliminary Construction Within fifteen (15) business days after Drawings, and Preliminary Landscaping and receipt by Agency. Grading Plans Agency shall approve or disapprove the preliminary construction drawings and preliminary landscaping and grading plans for the Site. 5. Submission - Local Storm Water Pollution No later than March 16, 2009. Prevention Plan ("LSWPPP") and Standard Urban Storm Water Mitigation Plan ("SUSMP"). Developer shall obtain written approval from the City Engineer or designee of a LSWPPP and SUSMP for the Improvements on the Site. 6. Submission - Final Construction Drawings No later than April 13, 2009. and Landscaping and Finish Grading Plans. Developer shall prepare and submit the final construction drawings and specifications and the final landscaping and finish grading plans for the Improvements on the Site. 7. Approval - Final Construction Drawings and Within seven (7) business days after Landscaping and Finish Grading Plans. receipt by Agency. Agency shall approve or disapprove the final construction drawings and specifications and the final landscaping and finish grading plans for the Improvements on the Site. Version 1 Attachment No. lNo later than sixty (60) days prior to Close of Escrow. 7. First Submission of Evidence of Financing. Developer shall submit to Agency for approval the First Submission of evidence of financing in accordance with Section 214 of the DDA. 8. Building Permit. Developer shall obtain a building permit for the Project 9. Approval of Financing. Agency shall approve or disapprove the First Submission of evidence of financing with respect to the Site, and shall so notify Developer. 10. Second Submission of Evidence of Financing. Developer shall submit to Agency for approval the Second Submission of evidence of fmancing in accordance with Section 214 of the DDA. 11_ Approval of Financing. Agency shall approve or disapprove the Second Submission of evidence of financing with respect to the Site, and shall so notify Developer. 12. Site Mobilization. Developer shall commence Site mobilization. 13_ Site Preparation_ Developer shall commence Site preparation, including utility relocation. 14. Commencement of Construction/Site Excavation. Developer shall commence construction and Site excavation. 15. Completion of Construction. Developer shall complete construction of all the Improvements on the Site in accordance with the DDA. No later than thirty (30) days prior to Close of Escrow. With respect to the First Submission, within fifteen (15) business days after receipt of such submission by Agency. No later than thirty (30) days prior to Close of Escrow. With respect to the Second Submission, within fifteen (15) business days after receipt of such submission by Agency. Within seven (7) day after Close of Escrow. Within seven (7) days after Close of Escrow. Within seven (7) day after Close of Escrow. Within twenty-one (21) months after Developer's contractor commences construction. Version 1 Attachment No. 1ATTACHMENT NO. 2 REVISED SUBTERRANEAN ENCROACHMENT AGREEMENT OFFICIAL BUSINESS Document entitled to free recording per Government Code Section 6103 RECORDING REQUES'i ED BY AND WHEN RECORDED MAIL TO: THE CULVER CITY REDEVELOPMENT AGENCY 9770 Culver Boulevard Culver City, California 902324)507 Attention: John Fisanotti SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBTERRANEAN ENCROACHMENT AGREEMENT THIS SUB MRANEAN ENCROACHMENT AGREEMENT ("Agreement") dated as of this day of , 2008, is entered into by and between CITY OF CULVER CITY, a public body, corporate and politic ("Grantor"), THE CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and politic ("Owner") and AXIS MUNDI RE II, LLC, a California limited liability company ("Grantee") with reference to the facts set forth below: RECITALS A. The Owner is owner in fee of certain real property in the City of Culver City, County of Los Angeles, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Owner's Property"). B. The Grantor is the owner of an easement for public street purposes over a certain portion of the Owner's Property, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Grantor's Street Easement"). C. Grantee desires a subterranean encroachment over a portion of the Grantor's Street Easement for the purpose of developing a subterranean parking garage ("Parking Garage") in accordance with that certain Disposition and Development Agreement, dated 2008 ("DDA") entered into by and between the Owner ("Agency" therein) and Grantee ("Developer" therein). Version 1 11/18/2008 Page 1 of 5D. In connection with the construction of the Parking Garage, Grantee desires to excavate a certain portion of and erect certain structures upon and within the Owner's Property and Grantor's Street Easement. E. The parties now desire to enter into this Agreement to provide for certain rights with respect to such excavation and construction, and to provide also for the granting of certain rights to Grantee over the Owner's Property and Grantor's Street Easement in connection with the DDA. NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the parties hereto do hereby agree as follows: 1. Excavation of Grantor Property. Grantee intends to excavate within the following dimensions below the present surface area of the Owner's Property and Grantor's Street Easement ("Excavation Area"), commencing approximately [date]. Grantee shall construct retaining walls, shoring, underpinning and any other structures, or undertake any other measures reasonably necessary to prevent loss of lateral support to the Grantor's Street Easement and Owner's Property or any structures thereon. Prior to recordation of this Agreement, Grantee shall provide Grantor and Owner with a copy of the shoring plan for such work prior to the commencement thereof. Prior to recordation of this Agreement, Grantee shall also provide to Grantor and Owner an ALTA survey of the Excavation Area performed by a California licensed civil engineer. Prior to recordation of this Agreement, Grantee shall obtain all required approvals and shall pay all expenses in connection with such activities, including, without limitation, payment for removal and relocation of any utilities located within the proposed Excavation Area ("Utilities") and full compensation or indemnification of Grantor and Owner for any property damage or personal injuries resulting therefrom. Grantor and Owner hereby consent to such excavation and the protective measures described herein. 2. Grant of Tieback Easement. Owner and Grantor do hereby create, grant, and convey to Grantee a temporary encroachment in, to, and under the Owner's Property and Grantor's Street Easement for the purpose of installing and maintaining tiebacks which are necessary to be installed in connection with the shoring system being constructed in conjunction with the construction by Grantee of the Parking Garage. Such temporary encroachment shall be referred to herein as the "Tieback Encroachment". Prior to completion of the Parking Garage, Grantee shall de-tension and remove the tiebacks. The location of tiebacks should be shown on a shoring plan to be reviewed and approved by the City Engineer prior to commencement of excavation. 3. Grant of Parking Garage Encroachment. Grantor and Owner do hereby create, grant, and convey to Grantee an irrevocable, exclusive right in, to, over, and under the Owner's Property and Grantor's Street Easement for the purpose of constructing, installing, maintaining, and using the Parking Garage; provided, however, that Grantor reserves the right, on behalf of itself and the owner(s) of any Utilities removed and relocated by Grantee within the Excavation Area (Utilities"), to install the Utilities within the Parking Garage and have reasonable access in, to, over, and under the Parking Garage, at no cost to Grantor or the owner(s) of the Utilities, for the purpose of installing and maintaining the Utilities ("Grantor's Reservation"). Such Version 11/18/2008 Page 2 of 5encroachment, subject to Grantor's Reservation, shall be referred to herein as the "Parking Garage Encroachment." 4. Indemnification. Grantee shall indemnify, defend and save Grantor and Owner harmless from any and all costs, losses, liabilities or damages resulting from bodily injury, property damage or loss of business income suffered by Grantor, Owner, or their respective tenants, guests, invitees, agents, representatives, or employees which may occur on the Grantor's Street Easement or Owner's Property in connection with the Grantee's activities within the Excavation Area or the grant of any encroachment hereunder, except to the extent such costs, losses, liability or damages are the result of the intentional or negligent actions of Grantor, Owner or their respective tenants, guests, invitees, representatives, agents or employees. 5. Miscellaneous Provisions. (a) All of the rights and obligations and covenants, agreements and conditions contained in this Agreement shall be binding upon and shall inure to the benefit of Grantor, Grantee and Owner, their respective heirs, successors and assigns, devisees, administrators, representatives, tenants and all other persons acquiring either the Grantor's Street Easement and/or the Owner's Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever and all of the easements, rights and obligations and covenants, agreements and conditions contained in this Agreement shall run with the land and shall be enforceable in accordance with applicable law, including, but not limited to, the law of contracts, easements, equitable servitudes and the provisions of Section 1468 of the California Civil Code. (b) All of the provisions of this Agreement shall be covenants running with the land pursuant to applicable law. (c) Nothing in this Agreement is intended nor shall it be construed as creating any rights in or for the benefit of the general public, and each owner of the properties affected hereby retains the right to take any action as may be reasonably necessary to avoid the accrual of any rights in the general public by easement, prescription, adverse possession, or otherwise with respect to the Grantor's Street Easement or the Owner's Property. (d) In the event that any term, covenant, condition, provision, or agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is invalid, void or othei wise unenforceable shall in no way affect the validity or enforceability of any other term, covenant, condition, provision or agreement herein contained. (e) No breach of any term, covenant, condition, restriction, provision or agreement herein contained, nor the enforceability of any provision herein, shall affect, impair, defeat, or render invalid the lien or charge of any duly recorded mortgage or deed of trust made in good faith and for value encumbering either the Grantee's Street Easement or the Owner's Property, but all of said terms, covenants, conditions, restrictions, provisions and agreements shall be binding upon and effective against any person whose title to either of such properties is derived through foreclosure or trustee's sale. Version 1 11/18/2008 Page 3 of 5(f) This Agreement is not intended to create a joint venture, partnership, or agency relationship between or among the parties hereto, nor is it intended to create joint ownership by the parties hereto of either the Grantee's Street Easement or the Owner's Property, nor is it intended to create or constitute a "condominium project" or other "common interest development" as defined by applicable law. (g) This Agreement shall be governed by and construed in accordance with the laws of the State of California. (II) The waiver of or failure to enforce any breach or violation of any covenant herein contained shall not be deemed to be a waiver or abandonment of such covenant, or any waiver of the right to enforce any subsequent breach or violation of such covenant. In the event of any litigation or dispute between the parties hereto or the institution of any action or proceeding to interpret or enforce this Agreement, or arising out of the subject matter of this Agreement or the transactions contemplated hereby, the prevailing party shall be entitled to recover its actual expenses, its actual attorneys' fees and costs, including professional or expert consultation or testimony, in-house counsel fees and paralegal fees. SIGNATURES ON NEXT PAGE SPACE LEFT IN I ENTIONALLY BLANK Version 1 11/18/2008 Page 4 of 5Version 1 1/18/2008 By: James Suhr & Associates, LLC, a California limited liability company, Member 611: g r -l3E• ;'PAr41;it ;74311.47-ww.so,wktfai4.4,:wv...0,,,,,;:rowat Page 5 of 5 Date: EN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Grantor: Owner: CITY OF CULVER gry, CULVER CITY REDEVELOPMENT a public, non-profit corporation AGENCY By: By: Name: Jerry B. Fulwood Title: Executive Director By: Name: Title: AXIS MUNDT RE H, LLC, a California limited liability company By: Walter N. Marks Realty Company, a California corporation, MemberSignature otary Public State of California ) ) County of Los Angeles ) On Oki 11 , 2008 before me, E... (here insert name of the officer), Notary Public, personally appeared 0,)141...X-c 1 / 442._ , lit , who proved to me on the basis of satisfactory evidence to be the person( whose name(s1 is/&e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/w/ther authorized capacity(ios), and that by his/her/their signature(e)- on the instrument the person, or the entity upon behalf of which the person(st 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. E. FLYNN Commission * 17161911 Notary Public - California I temee la mpurtgu s .:=.1. ngeles Cou o,...ligj nty Caron .icri30,2011 [Seal] State of California ) ) County of Los Angeles ) On A.10 \I . - , 2008 before me, E., (here insert name of the officer), Notary Public, personally appeared - -•, who proved to me on the basis of satisfactory evidence to be the person.(srwhose name(s-) . is/ape subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/tiaelr authorized capacity(ios), and that by his/her/ther signature(s)-on the instrument the person(e)7 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 ailid official deal. _ E. FLMiladhali .411111in -- Commission • 1716194 -2! Notary Public - California Los Angeles County CLtesJc3O.2O11 Sig/natur Notary Public [Seal]EXHIBIT A LEGAL DESCRIPTION OF OWNER'S PROPERTY Real property in the City of Culver City, County of Los Angeles, State of California, described as follows: LOTS 55, 56, 57, 58, 59, 60, 61, 62 and 63 of TRACT NO. 5951, IN THE CITY OF CLTLVER CITY, AS PER MAP RECORDED IN BOOK 77 PAGE 72 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 4236-021-007; 4236-021-008; 4236-021-009; 4236-021-010 (Old APN) 4236-021-900; 4236-021-901; 4236-021-902; 4326-021-903 (Current APN)EXHIBIT "B" DESCRIPTION OF GRANTOR'S PROPERTY The north half of Washington Boulevard, between Moore and Meier Streets, and the east half of Moore Street and the west half of Meier Street, bounded by Washington Boulevard to the south and the City of Culver City boundary to the north, all within the City of Culver City, County of Los Angeles, State of California, as shown on Tract No. 5951 recorded on Book 77, Page 72 of Maps.