City of Culver City, California
Agenda Item Report
Meeting Date: 6/14/10 Item Number: J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of the Memorandum Of Understanding (MOU) Between the Culver City
Redevelopment Agency and the Metropolitan Transportation Authority (MTA) in
Connection with Use of the MTA Right-of-Way Adjacent to the Washington National
Transit Oriented Development (TOD) Project.
Contact Person/Dept.: Sol Blumenfeld Phone Number: 310-253-5700
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council and Redevelopment Agency
(6/11/10); Property Owners, Businesses and Residents with 500 feet (6/3/10); East
Culver City Neighborhood Alliance, Rancho Higuera Neighborhood Association (6/9/10)
Department Approval:
Sol Blumenfeld (06/10/10)
City Attorney Approval:
Carol A. Schwab (By H. Baker) (06/10/10)
Agency General Counsel Approval:
Murray Kane (06/10/10)
Chief Financial Officer Approval:
Jeff Muir (06/10/10)
City Manager/Executive Director Approval:
P. Lamont Ewell (06/10/10)
RECOMMENDATION:
Staff recommends the City Council and the Redevelopment Agency Board (Agency
Board) approve the Memorandum of Understanding (MOU) between the City of
Culver City, the Culver City Redevelopment Agency, and the MTA.
BACKGROUND:
In 2008, the Culver City Redevelopment Agency (Agency) commenced negotiations
with the MTA regarding use of the MTA right-of-way adjacent to the proposed TOD.
The Agency and MTA have agreed in principle to joint use of the right-of-way for
parking and development purposes that serve both the Expo light rail line (Expo) and
the TOD.
DISCUSSION:
The purpose of the MOU is to provide a general agreement leading to a definitive
agreement on joint use and development of the MTA right-of-way. The Agency has
agreed to fund the cost of the station structural improvements that include deepened
and strengthened columns to accommodate Expo and TOD parking and related
development. In addition, the MOU commits the Agency to provide temporary
parking at the Ince Parking Structure for two years until TOD completion. The total
Agency costs associated with the MOU are detailed in Attachment No 2. City of Culver City, California
Agenda Item Report
The major elements of the MOU include:
1. Agency Option Agreement effective for twenty years to use the MTA right-of-way
for Expo and Metro parking.
2. Agency easement for use of the MTA right-of-way in consideration for
constructing Agency and Expo parking.
3. Agency reimbursement of costs for Metro station redesign along a portion of the
MTA right-of-way.
4. Agency reimbursement of costs for modifications to the Metro station (deepened
and strengthened columns).
5. Agency construction of an “isolation wall” to construct subterranean parking.
6. Temporary parking accommodation for Expo parking prior to construction of
subterranean and at-grade parking.
7. MTA vacation of the temporary parking on the TOD site within 180 days’ of notice
when TOD construction commences or if the Agency decides to use the site for
an alternative purpose.
8. Nominal rent for use of the MTA right-of-way for commercial and residential
purposes.
FISCAL ANALYSIS:
The use of the MTA right-of-way provides the opportunity to create a sustainable,
pedestrian oriented TOD project with ample central open space and a design that
supports green building principles with efficient parking and optimum site area.
Efficient site development is made difficult by the property’s triangular shape.
Though the final TOD project is not designed, the Agency has studied various site
and financial scenarios that permit development with significant open space, a major
transit plaza, ample parking, and other site amenities that satisfy the Agency’s
development objectives.
The studies indicate that without use of the MTA right-of-way, site development is
severely restricted making it infeasible to incorporate adequate open space, housing,
and commercial development for the project consistent with development needs.
Incorporation of the MTA right-of-way into the TOD project permits construction of
parking on two subterranean levels which is approximately ½ of the cost of parking
exclusively on the TOD site with five or more levels to accommodate the same
number of cars.
Since a final development project has not been approved for the TOD site, the date
this item would return to the Agency Board for consideration cannot be precisely
calculated. However, owing to the projected land assembly and development costs
the Agency must expect a long-term payback from a transit oriented development
project.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. MOU & Exhibits
2. Summary of Costs Associated with MOU
MOTION:
That the City Council:
1. Approve the Memorandum of Understanding between the City of Culver
City, the Culver City Redevelopment Agency, and the MTA; and,
2. Authorize the City Attorney to review/prepare the necessary documents;
and,
3. Authorize the City Manager to execute such documents on behalf of the
Agency.
That the Agency Board:
1. Approve the Memorandum of Understanding between the City of Culver
City, the Culver City Redevelopment Agency, and the MTA; and,
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of
the Agency.
MEETING DATE: 06.14.10
AGENDA ITEM: Final Draft Memorandum Of Understanding (MOU)
Between The Culver City Redevelopment Agency And
The Metropolitan Transit Authority (MTA) In Connection
With Use Of The MTA Right Of Way Adjacent To The
Washington National Transit Oriented Development
(TOD) Project.
ATTACHMENTS
Pages
1. MOU & Exhibits 1-49
2. Summary of Costs Associated with MOU 50
Updated 4/30/10
7621302.2
MEMORANDUM OF UNDERSTANDING
AMONG
THE CITY OF CULVER CITY,
THE CULVER CITY REDEVELOPMENT AGENCY,
THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY
CONCERNING THE EXPO VENICE/ROBERTSON STATION,
THE CONSTRUCTION OF CERTAIN PARKING FACILITIES,
AND THE CULVER CITY REDEVELOPMENT PROJECT
Deleted: 7/30/09
ATTACHMENT 1
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THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into
by and among the Exposition Metro Line Construction Authority (“Authority”), the Los
Angeles County Metropolitan Transportation Authority (“LACMTA”), the City of Culver
City, a municipal corporation (“City”) and the Culver City Redevelopment Agency a
public body, corporate and politic (“Agency”) (which parties are sometimes collectively
referred to herein as the “Parties”).
WHEREAS, Authority is a public entity created by the California State
Legislature pursuant to Public Utilities Code (“PUC”) section 132600 for the purpose of
awarding and overseeing final design and construction contracts for the completion of the
Los Angeles - Exposition light rail transit project from Metro Rail station at 7th and
Flower streets in the City of Los Angeles to the Downtown area of the City of Santa
Monica (the “EXPO LRT Project”); and
WHEREAS, City is a municipal corporation created and empowered in
accordance with its charter and the constitution of the State of California; and
WHEREAS, LACMTA is a public entity created by the California State
Legislature pursuant to PUC sections 130050 et. seq. for many purposes including, but
not limited to, the design, construction, and operation of rail and bus transit systems and
other transportation facilities in Los Angeles County; and
WHEREAS, Agency is a public body, corporate and politic, exercising
governmental functions and powers, and organized and existing under Chapter 2 of the
Community Redevelopment Law of the State of California, and is carrying out the Culver
City Redevelopment Project (the “Redevelopment Project”) in which a portion of the
EXPO LRT Project is to be located; and
WHEREAS, Phase 1 of the EXPO LRT Project is an approximately 9 mile light
rail line extending southward from Downtown Los Angeles to Exposition Park, and then
westward along Exposition Boulevard to Venice Boulevard/Robertson Boulevard, and
traversing through and ending at the aerial Venice/Robertson station; and
WHEREAS, LACMTA took action specifically to eliminate from further
consideration an at-grade Washington/National station, and the proposed EXPO LRT
Project Venice/Robertson station and ancillary improvements are illustrated on Exhibit
“A” attached hereto (the “EXPO Station”). The EXPO Station will be located within the
LACMTA owned 150-foot wide right-of-way between Venice Boulevard and
Washington Boulevard (the “LACMTA Parcel”); and
WHEREAS, the Agency is in the process of implementing the redevelopment of a
portion of the Redevelopment Project known as the “Washington National Project”
which abuts the EXPO Station. The Washington National Project is anticipated to be
located within the Agency-owned property shown on Exhibit “B” attached hereto (the
ATTACHMENT 1
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“Triangle Property”), and certain other properties to be acquired by the Agency and a
portion of the LACMTA Parcel. The proposed Washington National Project, and
Agency’s proposed use of a portion of the LACMTA Parcel, as currently contemplated
by the Agency, is depicted on the site plan attached hereto as Exhibit “C”; and
WHEREAS, the Agency desires to obtain an easement right to use a portion of
the LACMTA Parcel to construct, operate and maintain a structured parking garage
facility to serve the Washington National Project (the “Parking Garage”). The Parking
Garage will require the Authority to provide additional support to the EXPO Station in
order to accommodate a subterranean garage located in such close proximity to the
EXPO Station’s foundations. The EXPO Station contemplated to be built by the
Authority as of the date of this MOU is referred to herein as the “Current EXPO Station”
and the EXPO Station with the additional supports to accommodate the Agency’s Parking
Garage is referred to herein as the “Redesigned EXPO Station.” The term “EXPO
Station” shall refer to the Venice/Robertson station actually constructed by the Authority
i.e. either the Current EXPO Station or the Redesigned EXPO Station.
WHEREAS, LACMTA is willing to grant Agency an option for an easement
over and under the northerly 91 feet of the LACMTA Parcel not to exceed in height a 5-
story above grade parking garage as illustrated in Exhibit “D” attached hereto (the
“Agency Parking Easement Area”) to construct, operate, maintain, repair and reconstruct
the Parking Garage provided the Agency allows the Authority to use a portion of the
Triangle Property for construction staging for construction of the EXPO Station; allows
LACMTA to use the Triangle Property for temporary patron parking for the EXPO
Station; and accepts such easement subject to the reservation of rights in favor of
LACMTA for permanent parking in the Parking Garage. Further, to the extent the
temporary parking is unavailable to LACMTA at any time prior to completion of the
Parking Garage, Agency shall then be responsible for providing replacement temporary
parking, all as specified herein.
WHEREAS, the Authority is willing to include in its construction of the EXPO
Station the additional supports necessary to accommodate the Parking Garage; provided,
however, all the design costs to design the Redesigned EXPO Station and all the
construction costs to construct the added support and related facilities for the Redesigned
EXPO Station is paid for in full by the Agency and such work does not delay or create
additional costs for the EXPO LRT Project.
WHEREAS, the Parties desire to enter into this MOU to develop and
accommodate their mutual needs for parking and related facilities and understandings in
connection with the construction and operation of the EXPO Station and the development
of the Washington National Project.
NOW, THEREFORE, in consideration of the covenants contained herein and for
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, City, Agency, Authority and LACMTA hereby enter into this MOU as
follows:
ATTACHMENT 1
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I. PURPOSE AND INTENT
A. The purpose and intent of this MOU is to provide in accordance with the
provisions of this MOU for the establishment of (i) a recordable option agreement upon
terms and conditions mutually agreed upon by LACMTA and Agency (the “Option
Agreement”) providing for the conveyance to the Agency of a surface (including air
rights to a height not to exceed a 5-story above grade parking garage) and subterranean
easement to construct, operate, maintain, repair and reconstruct the Parking Garage
within the Agency Parking Easement Area (the “Agency Parking Easement”), which
Agency Parking Easement will reserve to LACMTA certain permanent parking rights
within the Agency Parking Easement Area and the Parking Garage; (ii) the
reimbursement by Agency of certain costs to be incurred by LACMTA and/or Authority
for design and construction of the Redesigned EXPO Station; (iii) Agency’s construction
of an isolation wall described in Section V hereof; (iv) a license agreement providing for
the conveyance to LACMTA of certain temporary parking rights within the Triangle
Property and/or the Agency Parking Easement and the provision of certain replacement
spaces, all as described in Section VI below; (v) cost allocations for the permanent
parking spaces in the Parking Garage; (vi) a license agreement to the Authority
conveying certain rights to use a portion of the Triangle Property as a construction
staging area for the EXPO Station; and (vii) other matters related to the implementation
of the EXPO Station and the Washington National Project in the mutual best interests of
the Parties.
B. The Parties intend that the planning, development and construction of the
EXPO Station and the Washington National Project set forth in this MOU will be a
cooperative, mutual endeavor in which the Parties actively participate and work together,
in good faith and with due diligence. A general timeline for execution of each project is
set forth in Exhibit ”E”.
II. AGENCY PARKING EASEMENT OPTION
LACMTA agrees to enter into the Option Agreement, consistent with the terms of
this MOU, with Agency providing Agency with a binding option to acquire the Agency
Parking Easement on the following terms and conditions:
A. The Option Agreement shall provide that during the option period,
LACMTA shall not construct buildings or structures on the surface of the
Agency Parking Easement Area, except as approved in writing by
Agency; provided, however, nothing shall prohibit LACMTA from using
the surface of the Agency Parking Easement Area for surface parking
prior to the exercise of the Option.
B. The Option Agreement shall have a term of twenty (20) years. If the
Agency fails to exercise the option within such twenty (20) year period,
the Option Agreement shall expire and be of no further force or effect, and
LACMTA shall, upon and after such expiration, no longer be obligated to
convey the Agency Parking Easement to the Agency and Agency will
ATTACHMENT 1
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deliver to LACMTA a fully executed and acknowledged Quitclaim Deed
in recordable form quitclaiming all its interest to the LACMTA Parcel.
C. The Agency shall be required to satisfy the following conditions precedent
to its exercise of the option contained in the Option Agreement:
1. The Agency shall have completed construction drawings for the
Parking Garage and related ancillary uses to serve the Washington
National Project and the EXPO Station to be constructed by Agency
within the Agency Parking Easement Area, and such drawings shall be
approved by any governmental agency having jurisdiction thereover
and by the Authority and/or LACMTA pursuant to Section III.B
below;
2. The Agency shall have obtained all permits and approvals required by
any governmental agency having jurisdiction thereover for
construction of the Parking Garage and shall have complied with all
applicable laws, rules and regulations, including, without limitation,
full compliance with the California Environmental Quality Act, for the
construction of the Parking Garage; and
3. The Agency shall have provided LACMTA with reasonably
satisfactory evidence that the Agency and/or its developer has
sufficient funding or other financial arrangements in place so as to be
able to pay for the cost of the construction of the Parking Garage.
D. No payment of any amount or any other consideration shall be required of
the Agency for the Option Agreement or the conveyance of the Agency
Parking Easement other than the following payments and consideration to
be provided by the Agency: (i) the performance by the Agency of its
obligations under this MOU to make the reimbursement payments to the
Authority or LACMTA required by Section IV below; (ii) the construction
of the Isolation Wall as set forth in Section V below; (iii) the provision of
the Temporary Spaces, the Ince Replacement Spaces, if applicable, and
the EXPO Spaces as set forth in Section VI below; and (iv) the provision
of the Staging Area as set forth in Section VII below.
E. The Agency shall have the right to terminate the Option Agreement at any
time, in which case the Agency shall (i) pay all unpaid costs to LACMTA
and (ii) no longer have any duty to provide the Temporary Spaces, the
Ince Replacement Spaces or EXPO Spaces to LACMTA as set forth
below; and LACMTA shall no longer be obligated to convey the Agency
Parking Easement to the Agency and Agency will deliver to LACMTA a
fully executed and acknowledged Quitclaim Deed in recordable form
quitclaiming all its interest to the LACMTA Parcel.
ATTACHMENT 1
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F. Prior to entering into this MOU, the Agency has satisfied itself that title to
the Agency Parking Easement Area is at this time in an acceptable
condition, provided there are no liens, encumbrances, easements or other
exceptions to title except those shown as Exceptions C, 1, 2, 3, 4 and 5 on
Schedule B of that certain Chicago Title Preliminary Title Report, Order
Number 910065529-X49 dated April 29, 2009 (the “Approved Title
Condition”) (which Preliminary Title Report is attached hereto as Exhibit
“J”). LACMTA and Authority each agree that on and after their execution
of this MOU, neither shall take any action that will adversely affect the
Approved Title Condition. Further, if the Agency exercises the option,
LACMTA shall deliver the Agency Parking Easement Area with title in
the Approved Title Condition or as may otherwise first be approved in
writing by Agency.
III. AGENCY PARKING EASEMENT
A. In the event the Agency timely exercises its option rights in accordance
with the terms and conditions contained in the Option Agreement and Agency has met all
of its obligations under this MOU, including without limitation, Sections II, IV, V, VI
and VII of this MOU, LACMTA shall, subject to LACMTA’s reserved parking rights,
grant to the Agency the Agency Parking Easement. The Agency Parking Easement will
have a term that will continue unless terminated in accordance with its own terms and
conditions. The Agency Parking Easement will permit the use of the Agency Parking
Easement Area for (i) parking purposes as described herein; (ii) no more than 20,000 sq.
ft. of commercial use incidental to the operation of a parking garage with no more than
5,000 sq. ft. (of said 20,000 sq. ft.) located in the subterranean portion of the Agency
Parking Easement Area; and (iii) a non-commercial transit plaza area for transit related
purposes, an illustrative plan of which is attached hereto as Exhibit “K”; provided,
however, since the transit plaza is still not well defined in Exhibit “K”, a transit plaza in
that area may be permitted so long as such transit plaza is consistent with patron
circulation flow and the architectural theme of the EXPO Station and the design and
construction of the transit plaza is subject to the prior approval of Authority and
LACMTA.
Such commercial use may include off-site signage; provided however, that such off-site
signage use shall be upon the terms that the parties have negotiated in good faith and
have mutually agreed to a revenue sharing arrangement.
B. The construction and development of the Parking Garage shall be subject
to the approval of any governmental entity which may have legal jurisdiction over such
construction and development. LACMTA and Authority shall have the right to
reasonably approve plans and specifications for the Parking Garage based primarily on
the following criteria: (a) whether there is an impact on the structural integrity of the
EXPO LRT Project; (b) whether there is more than a de minimus or trivial impact to
operation and maintenance of the EXPO LRT Project; (c) the reasonable location and
proximity, including, without limitation, the ease of access of the EXPO Spaces for
station access for Authority patrons; (d) confirmation that the Parking Garage is designed
and will be constructed within the Agency Parking Easement Area; (e) the provision of
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bicycle racks and lockers in the Parking Garage in reasonably close proximity to the
EXPO Station or in the surface area of the Agency Parking Easement Area; provided,
however, Agency shall provide a linkage, subject to Authority and LACMTA prior
approval, between the bicycle racks and lockers and the permanent clean mobility center
facilities to be constructed by Authority under the EXPO Station structure; (f) whether
any pedestrian connections constructed as part of the Washington National Project
between the EXPO Station and the Washington National Project, at grade and/or at the
station platform level is compatible with or appropriate for the EXPO LRT Project; (g) if
the Washington National Project includes podium parking or any structure directly
adjacent to the EXPO Station, the exterior design and architectural finish of such
structure is compatible with the EXPO Station. Once LACMTA has approved design
drawings and specifications at the 30% completion level for the Parking Garage (the
“30% Drawings”) based on the criteria set forth above and provided LACMTA has had at
least 60 days to review such 30% Drawings, the approval of subsequent levels of design
and construction plans shall also be based on the criteria set forth above and shall be
governed by the “deemed approved” procedures set forth in Exhibit “F”. LACMTA will
expeditiously review and not unreasonably withhold approval of such Parking Garage
subsequent levels of design and plans, and agrees to review and approve or disapprove
such plans within 30 days of submittal by or on behalf of Agency. Any disapproval of
plans shall be accompanied by a written statement delivered to Agency within said 30
day period specifying detailed reasons for any such disapproval.
C. The Agency shall bear all the costs of developing, constructing, operating
maintaining and repairing the Parking Garage, including, without limitation the costs
associated with developing and constructing the EXPO Spaces and LACMTA shall have
no responsibility for such costs. After completion of construction, LACMTA shall
reimburse Agency for its pro rata share of the costs and expenses to operate, maintain and
repair the EXPO Spaces; provided, however, such cost and expense reimbursement
amount does not exceed the amount LACMTA and/or Authority would have incurred to
operate and maintain a surface lot to service the EXPO Station as contemplated by
Authority prior to the date of execution of this MOU. Specifically, LACMTA would not
have incurred any costs for insurance, property tax, including, without limitation,
possessory interest tax, parking attendants or any finance costs associated with
construction or operation of the Parking Garage; therefore such costs are not eligible for
reimbursement by LACMTA as an operation and maintenance expense. The Agency
Parking Easement shall include provision for construction, staging and storage rights on
the surface as well as subterranean levels of the Agency Parking Easement Area as
reasonably requested by Agency; provided, however, such use meets the plan review
criteria set forth in Section III.B above and does not interfere with the operation of the
EXPO Station or the EXPO LRT Project.
D. The Agency Parking Easement shall also include provision for non-
exclusive use by both LACMTA and Agency and their patrons and employees of the
surface of the Agency Parking Easement Area not occupied by the Parking Garage for
vehicular and pedestrian access to and egress from the Parking Garage; provided,
however, such use meets the plan review criteria set forth in Section III.B above and does
not interfere with the operation of the EXPO Station or the EXPO LRT Project.
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E. The Agency shall have the right from time to time to assign in whole or in
part any or all of its rights under the Option Agreement and/or the Agency Parking
Easement to any public and/or private persons or entities as deemed by the Agency to be
necessary or desirable in order to implement the Redevelopment Project, provided
however that the Agency receives LACMTA’s prior written approval which approval
shall be provided using reasonable commercial standards, such as credit worthiness and
experience in the field.
IV. AGENCY REIMBURSEMENT OF COSTS
A. Agency has agreed to and shall reimburse the Authority for the actual and
reasonable design costs incurred and paid for by Authority to redesign the Current EXPO
Station to accommodate the Parking Garage. The Authority has requested that its
contractor provide a design for the Redesigned EXPO Station at the Agency’s sole cost
and expense. Such design costs have been established by the parties as an amount not to
exceed $275,000, which includes a 10% contingency subject to prior written approval of
Agency Executive Director. As of the date hereof, Agency has paid $83,333 towards
such design costs. Notwithstanding any rights of Agency to terminate below, Agency
shall remain responsible for all design costs incurred by the Authority in connection with
the Redesigned EXPO Station.
B. Except as provided in subparagraph IVA hereof, the Agency shall have no
obligation to make or provide payment or funding for any cost of construction of the
Redesigned EXPO Station unless and until this MOU is fully executed by all the parties.
C. By executing this MOU, the Agency agrees to pay for the first $350,000
of construction costs associated with the Redesigned EXPO Station in accordance with
Section IVG below. Such $350,000 shall be applied toward the actual costs for the extra
structural steel needed to provide the additional support to the Current EXPO Station.
D. Upon completion of the design of the Redesigned EXPO Station, the
Authority’s contractor shall provide a cost estimate to construct the Redesigned EXPO
Station. The Authority shall provide such cost estimate to the Agency together with the
amount by which the estimated cost to construct the Redesigned EXPO Station exceeds
the estimated cost to construct the Current EXPO Station (the “Excess Costs”). If the
total Excess Costs is equal to $2.8 million or more (which $2.8 million includes the
$350,000 already provided by the Agency in IVC above but not the $275,000 design
costs described in subparagraph IVA herein), Agency shall have the right either (i) to
terminate this MOU; or (ii) to elect to pay the Excess Costs.
E. If the Authority does not receive Agency’s election to terminate this MOU
within thirty (30) days of Agency’s receipt of the Excess Costs, then Agency shall be
deemed to have elected to pay the Excess Costs or if the Excess Costs is less than $2.8
million (which $2.8 million includes the $350,000 already provided by the Agency in
IVC above), the Authority shall proceed with a change order for the construction of the
Redesigned EXPO Station and the Agency shall have no further rights to terminate this
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MOU and Agency shall be committed to pay for the balance of such Excess Costs in
accordance with Section IVG below.
F. If Agency elects to terminate this MOU as provided in Section IV.D
above, and in the event neither LACMTA nor the Authority elect to pay for the Excess
Costs: (i) this MOU shall be null and void and of no further effect; (ii) Agency shall have
no obligation to pay for construction costs associated with the Redesigned EXPO Station,
except for the $350,000 for the structural steel and up to $250,000 for the design costs
associated with the Redesigned EXPO Station; (iii) LACMTA shall have no obligation to
enter into the Option Agreement; and (iv) Agency shall have no obligation to enter into
the License Agreement.
G. The Agency reimbursement of the construction costs for the Redesigned
EXPO Station shall be funded by the Agency as follows: Agency and Authority shall
enter into a Funding Agreement consistent with the provisions of this MOU which shall
require Agency to deposit into an interest bearing account (i) the sum of $350,000 no
later than the time required to pay the Authority’s contractor for Agency’s share of the
structural steel costs, and (ii) the remaining balance of the Excess Costs on or before the
execution and recordation of the Option Agreement, and commencement of construction.
Authority shall have the right to draw funds from such account on a progress payment
basis, subject to approval of reasonable documentation therefor by Agency, to pay for the
construction of the Redesigned EXPO Station. All interest earned on the account shall be
paid to Agency as and when earned.
H. Change orders to construct the Redesigned EXPO Station will be handled
as follows:
1. A change order initiated by Authority shall be subject to the
reasonable approval of the Agency if a reasonable relationship exists between the
proposed change order and the Agency’s reimbursement obligations. The Agency will
not unreasonably withhold such approval. Authority agrees to consult with the Agency
on all change orders related to the Redesigned EXPO Station that impact the work being
paid for by Agency to provide Agency with advance notice of a proposed change order to
the extent feasible. Agency will have the right to have a representative attend all
meetings with the contractor regarding such portion of the Redesigned EXPO Station
construction and any such proposed change orders.
2. If a change order is required due to changed conditions for the
Redesigned EXPO Station, the associated costs cause an increase in Excess Costs, and
such increase is approved by Agency pursuant to the immediately preceding sub-
paragraph, then Agency will request the Agency Board to approve such increased costs.
If no additional funds are available or authorized, Agency will reimburse Authority for
any construction costs incurred to date for the Redesigned EXPO Station, Authority may
terminate such construction work and Agency shall pay any termination costs associated
with terminating such construction work.
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3. If a change order is initiated at Agency’s request, so long as there
is no impact on Authority’s schedule, Authority will consider the change and if approved
by Authority, will require Agency to pay for the change in advance.
V. CONSTRUCTION OF ISOLATION WALL
A. At no cost to LACMTA or Authority and consistent with plans mutually
approved therefor by the parties, Agency shall construct or at its option cause the
construction by the Washington-National Project developer of a shoring wall to be
located underground approximately 24 feet deep (the contemplated depth of the Parking
Garage), or the depth of the Parking Garage, whichever is deeper, along the property line
between the Agency Parking Easement Area and the EXPO LRT Project for the purpose
of protecting the EXPO LRT Project from adverse impacts such as the weakening of
subjacent support due to the excavation for and the construction of the Parking Garage
(the “Isolation Wall”). LACMTA or Authority will expeditiously review and not
unreasonably withhold approval of the Isolation Wall design and plans for consistency
with the criteria set forth in Section IIIB. The review and approval of the Isolation Wall
plans shall conform to the process set forth in Section IIIB.
B. The Isolation wall shall be constructed and in place before Agency
commences any excavation work for the Parking Garage or any portion of the
Washington National Project within 50 feet of the EXPO Station. Any construction work
done for the Isolation Wall or the Washington National Project must be in compliance
with any applicable LACMTA work rules, track allocation procedure and permit process.
VI. LACMTA PARKING RIGHTS
A. Concurrent with the execution of the Option Agreement, the Agency shall
enter into a license agreement with the Authority and LACMTA providing the Authority
with the binding right to construct 600 temporary surface parking spaces (the “Temporary
Spaces”) within the Triangle Property (the “License Agreement”) and for LACMTA to
use, operate, maintain and repair the Temporary Spaces. The License Agreement shall
grant the Authority rights to commence the improvement of the Temporary Spaces no
sooner than the occurrence of both of the following events: (i) the expiration or
termination of the Authority Construction Staging License referred to in Section VII; and
(ii) thirty (30) days after delivery to Agency of a written notice from the Authority that
the Authority desires to proceed with such Temporary Spaces’ improvements. The
Authority and/or LACMTA may commence to use the Temporary Spaces when the
improvements are completed. The License Agreement for the Temporary Spaces on the
Triangle Property shall be provided to the Authority and LACMTA by Agency at no
cost, provided, however that the Authority shall be responsible at its own cost and
expense to improve the Temporary Spaces to meet applicable City paving and lighting
requirements for a temporary facility with a useful life of 5 years and generally as shown
on that certain Temporary Parking Plan, as annotated, attached hereto as Exhibit “G”, and
after the Authority and/or LACMTA commences use of the Temporary Spaces, the
ATTACHMENT 1
10 10
Authority and/or LACMTA shall be responsible for the costs to operate, repair and
maintain the Temporary Spaces. If Agency desires to use all or a portion of the
Temporary Spaces prior to the date revenue operation of EXPO Phase 1 begins, such
shared use may be allowed upon terms and conditions mutually agreed to by the Parties,
including, without limitation, Agency’s responsibility to share in the cost to operate,
repair and maintain the Temporary Spaces during Agency’s interim use.
B. LACMTA shall vacate the Temporary Spaces and shall no longer be
entitled to use the Triangle Property upon the occurrence of any of the following: (i) no
later than thirty (30) days prior to the date (the “Need Date”) the Agency either (a) is
required to lease or convey the Triangle Property to a third party for redevelopment
purposes or (b) finds it necessary or desirable to occupy the Triangle Property to further
the implementation of the Washington National Project; provided, however, LACMTA
shall have no obligation to vacate under this section unless LACMTA has first received
the rights to use the Replacement Parking and LACMTA has received at least thirty (30)
days prior written notice of the Need Date; (ii) concurrently with the termination by
Agency or the expiration of the Option Agreement and/or Agency Parking Easement
and/or pursuant to the terms of such documents; provided LACMTA has had at least
sixty (60) days notice of the termination/expiration date; or (iii) completion of the
Parking Garage and the EXPO Spaces, as defined in VIC below, are made available to
LACMTA for its use. For purposes of this MOU, “Ince Replacement Spaces” shall mean
no less than two hundred thirty-five (235) parking spaces made available to LACMTA at
no cost in the Ince Boulevard Public Parking Garage at 9099 Ince Boulevard in Culver
City.
C. Upon completion of the Parking Garage by Agency, LACMTA shall be
provided by Agency 600 parking spaces to serve the EXPO Station at a location within
the Agency Parking Easement Area to be reasonably agreed upon by the Parties and
including rights of ingress to and egress from the Parking Garage (the “EXPO Spaces”),
which parking spaces will be reserved by LACMTA in the document granting the
Agency Parking Easement. The allocation of costs for the EXPO Spaces is set forth in
Section IIIC above. The Parties shall enter into a reciprocal easement agreement
providing for the operation and maintenance of the Parking Garage by the Agency and
the joint use of the Parking Garage and the Washington National Project by LACMTA
and the Agency and its successors in a manner consistent with this MOU and the Agency
Parking Easement.
D. Upon the EXPO Phase 2 Completion Date, LACMTA’s rights to 600
Temporary Spaces and/or 600 EXPO Spaces shall be reduced to 300 Temporary Spaces
and/or 300 EXPO Spaces, respectively. The EXPO Phase 2 Completion Date shall be the
date revenue operations commence for the Phase 2 LRT EXPO Project from
Venice/Robertson to the station at which such Phase 2 actually terminates. Prior to the
EXPO Phase 2 Completion Date, LACMTA shall perform a parking survey during the
third year of service of EXPO Phase 1. Based on the parking survey, LACMTA may, at
its sole discretion, reduce the 600 Temporary Spaces or 600 EXPO Spaces needed until
the EXPO Phase 2 Completion Date. Upon the EXPO Phase 2 Completion Date, Agency
remains obligated to provide LACMTA with the 300 permanent parking spaces
regardless of what adjustments LACMTA might make on an interim basis.
Formatted: Font: (Default) Times
New Roman, 12 pt
Formatted: Font: (Default) Times
New Roman
Formatted: Font: (Default) Times
New Roman, 12 pt
Formatted: Font: (Default) Times
New Roman, 12 pt
Deleted: Upon the date commencement
of revenue operations begins of the Phase
2 LRT EXPO Project from
Venice/Robertson to the terminus,
presently contemplated at 4
th
and
Colorado in the City of Santa Monica,
provided that such terminus will be
deemed to mean wherever such Phase 2
actually terminates (the “EXPO Phase 2
Completion Date”), LACMTA’s rights to
600 Temporary Spaces and/or 600 EXPO
Spaces shall be reduced to 300
Temporary Spaces and/or 300 EXPO
Spaces, respectively.
Deleted: adjust
ATTACHMENT 1
11 11
In addition, in the event the planned Phase 2 of the Washington National Project is
completed prior to the EXPO Phase 2 Completion Date and the Parking Garage is
completed, then LACMTA’s rights to the 600 EXPO Spaces in the Agency Parking
Easement Area may be reduced to 300 EXPO Spaces in the Agency Parking Easement
Area, so long as Agency also provides an additional 300 Ince Replacement Spaces to
LACMTA until the EXPO Phase 2 Completion Date.
VII. AUTHORITY CONSTRUCTION STAGING LICENSE
Concurrently with the execution and recordation of the Option Agreement, the
Agency shall provide the Authority with a license to establish, operate, and maintain a
construction staging area for the Phase 1 LRT EXPO Project (the “Authority
Construction Staging License”) within that portion of the Triangle Property shown on
Exhibit “H” (the “Staging Area”).
VIII. COOPERATION
A. The Parties agree to implement the EXPO Station and the Washington
National Project within their respective jurisdictions in a harmonious way, including
without limitation:
1 Upon the execution of this MOU the parties shall diligently
negotiate and prepare for execution by the parties all definitive documents contemplated
herein so as to effectuate the purposes of this MOU.
2. Agency agrees to consult with LACMTA and carefully consider
any recommendations and objections raised by LACMTA regarding the Agency’s
proposed selection of the Washington National Project developer and the Agency’s
proposed approval of financing and assurances to be provided by the developer to ensure
construction of the Washington National Project.
3. LACMTA and Authority agree to cooperate with Agency and City
to facilitate the availability of state and/or federal funds to enable Agency to perform its
payment obligations hereunder; provided, however, nothing in this section shall be
deemed to imply or obligate LACMTA to contribute any funds to Agency or the City
except as specifically set forth herein
B. Provided Agency has exercised the option contained in the Option
Agreement, the Parties agree to implement the EXPO Station and the Washington
National Project within their respective jurisdictions in a harmonious way, including
without limitation:
1. LACMTA shall vacate the surface of the Agency Parking
Easement Area consistent with LACMTA’s vacation of the Triangle Property as
described in Section VIB(i) above.
2. LACMTA agrees to maintain the EXPO Station and all of its
ancillary rights of way and other areas supporting such station, including without
ATTACHMENT 1
12 12
limitation its parking areas to the extent not provided by Agency pursuant to Section VI
above, in a manner consistent with LACMTA’s system-wide maintenance and
landscaping standards.
3. LACMTA agrees not to maintain or permit any use of the
LACMTA ROW on the south side of Venice Boulevard for the purpose of any bus uses,
bus turnout areas and/or bus storage areas, except that paratransit shuttle service shall be
permitted as shown on Exhibit “I”.
4. It is intended by the parties that the shared EXPO LRT and
Washington National Projects’ parking may include the potential development of podium
parking. In addition, LACMTA shall not unreasonably withhold and will reasonably
consider proposals made by the Agency to share the Temporary Parking and EXPO
Spaces with the Agency and the owner of the Washington National Project at non-peak
hours.
5. LACMTA agrees to consult with Agency and carefully consider
any recommendations and objections raised by Agency regarding the LACMTA’s
proposed future use of the air space located above the EXPO Station platform.
IX. RESIDENTIAL LEASE AND COMMERCIAL USE OVER 20,000 SQ. FT.
The Agency Parking Easement does not permit any residential uses or
commercial uses over 20,000 sq. ft. If Agency desires to use a portion of the Agency
Parking Easement Area for residential purposes and/or commercial uses which exceed
20,000 sq. ft., then at the request of Agency, LACMTA shall, subject to CEQA
compliance, lease a portion of the Agency Parking Easement Area to Agency for
residential purposes and/or commercial uses over 20,000 sq. ft. on a lease form subject to
the reasonable approval of LACMTA and Agency based upon similar transit oriented
development leases utilized by LACMTA for such purposes; provided however, that in
consideration of the public uses being provided under this MOU by the City and
Redevelopment Agency at the sole cost and expense of the Agency (including without
limitation Agency construction of the transit plaza and associated linkages, Agency
provision of temporary and permanent LACMTA parking; Agency provision of the Expo
construction staging area, the development of commercial facilities to serve the train
users and others, the construction of a Transit Oriented Development), the rent to be
charged the Agency therefor shall be nominal.
X. NO RELOCATION BENEFITS
LACMTA and Authority acknowledge and agree that they shall not be entitled to
any relocation benefits or payments arising out of their vacation of any temporary or
permanent parking spaces within the Washington National Project. LACMTA and
Authority knowingly, voluntarily and intelligently waive any such benefits or payments.
XI. EMINENT DOMAIN
Deleted:
ATTACHMENT 1
13 13
LACMTA and Authority agree that until the expiration of the effectiveness of the
redevelopment plan for the Redevelopment Project, each waives any power of eminent
domain it might have to acquire from the other party all or any portion of the Agency
Parking Easement and any improvements, buildings, structures or items pertaining to the
realty that might from time to time exist within the Agency Parking Easement, and each
acknowledges for such period of time that the acquisition and use of the Agency Parking
Easement by the Agency is the most necessary public use for such property.
XII. MOU SUBJECT TO DEFINITIVE AGREEMENTS
A. This MOU shall be implemented pursuant to the terms of definitive
agreements to be negotiated and entered into by and among the Parties consistent with
this MOU to implement the terms and conditions of this MOU.
B. Each party hereto agrees, however, to take all lawful actions to negotiate
in good faith and prepare for formal consideration and approval all definitive legal
agreements within their respective jurisdictions necessary to implement the purpose and
intent of this MOU.
C. The City is a party to this MOU solely for the purpose of utilizing the
good offices of the City to accomplish the purpose and intent of this MOU and to provide
the good faith cooperation of the City in that regard. There shall be no liability or
obligation of the City under this MOU to make any payment nor to enter into any other
agreement.
XIII. GENERAL PROVISIONS
A. Notices. All notices under this MOU shall be sufficiently given if
delivered or mailed by registered or certified mail, postage prepaid and return receipt
requested, or by nationally recognized overnight courier service, and addressed as
follows:
To City:
City Manager
City of Culver City
9770 Culver Boulevard
Culver City, CA 90230-0507
Facsimile No.: (310) 253-6010
With a copy to:
Public Works Director/City Engineer
City of Culver City
ATTACHMENT 1
14 14
9770 Culver Boulevard
Culver City, CA 90230-0507
Facsimile No.: (310) 253-5626
and
Transportation Director
City of Culver City
4343 Duquesne Avenue
Culver City, CA 90230-0507
Facsimile No.: (310) 253-6513
To Agency:
Assistant Executive Director
Culver City Redevelopment Agency
9770 Culver Boulevard
Culver City, CA 90230
Facsimile No.: (310) 253-5779
To LACMTA:
Chief Executive Officer
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, California 90012
Facsimile No.: (213) 922-7382
With a copy to:
Deputy Executive Officer, Project Management
Project Management Engineering and Construction Division
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
To Exposition Metro Line Construction Authority:
Chief Executive Officer
Exposition Metro Line Construction Authority
707 Wilshire Blvd., Suite 3400
Los Angeles, CA 90017
Facsimile No.: (213) 243-5552
With a copy to:
Chief Project Officer
ATTACHMENT 1
15 15
Exposition Metro Line Construction Authority
707 Wilshire Blvd., Suite 3400
Los Angeles, CA 90017
Facsimile No.: (213) 243-5552
Any notice or demand required shall be given (a) personally, (b) by
certified or registered mail, postage prepaid, return-receipt requested,
(c) by confirmed fax, or (d) by reliable messenger or overnight courier to
the address of the respective Parties set forth above. Any notice served
personally shall be deemed delivered upon receipt, served by facsimile
transmission shall be deemed delivered on the date of receipt as shown on
the received facsimile if during regular business hours and if not, the next
business day, and served by certified or registered mail or by reliable
messenger or overnight courier shall be deemed delivered on the date of
receipt as shown on the addressee’s registry or certification of receipt or
on the date receipt is refused as shown on the records or manifest of the
U.S. Postal Service or such courier, or five (5) working days after deposit
in the United States mail in Los Angeles County. City, Agency, LACMTA
or Authority may from time to time designate any other address or
addressee or additional addressees for this purpose by written notice to the
other Party.
. The Parties may also designate other procedures for the giving of notice as
required or permitted under the terms of this MOU, but each alternate
procedure shall be described in a writing and signed by LACMTA,
Authority, Agency and City.
B. Continuing Documents. Nothing in this MOU shall be deemed to
amend or modify in any manner any documents in effect on the date of this MOU
with respect to the subject matter herein or otherwise, all of which shall remain in
full force and effect. This MOU supersedes all prior oral discussions between the
Parties with respect to the subject matter of this MOU.
C. Modification. This MOU may not be modified, amended or
otherwise changed in any manner, except by a prior written amendment executed
by the Parties, or their respective successors in interest.
D. Section Headings. The section headings contained in this MOU
are for convenience and identification only and shall not be deemed to limit or
define the contents to which they relate.
E. Waiver. No waiver of any provision of this MOU shall be
effective unless in writing and signed by a duly authorized representative of the
party against whom enforcement of a waiver is sought. No waiver of any
provision of this MOU shall be deemed or shall constitute a waiver of any other
provision.
ATTACHMENT 1
16 16
F. Construction. It is expressly understood by the Parties that the
language of this MOU was jointly prepared and shall therefore not be construed
for or against the Agency, the City, the LACMTA or the Authority.
G. Successors and Assigns. This MOU shall be binding on and shall
inure to the benefit of the Agency, City, LACMTA and the Authority and their
respective legal representatives, successors and assigns.
H. Governing Law. This MOU is entered into in the State of
California and shall be construed and interpreted in accordance with its internal
laws without reference to choice of law or conflict of law provisions.
I. Date of MOU. This MOU shall be effective on the date that it has
been duly executed by authorized representatives of each of the Parties. The date
of this MOU shall be the date when the MOU shall have been executed by the last
party to sign this MOU.
J. Indemnification. Each of the Parties agrees to defend, indemnify,
protect, and hold each of the other Parties and all of their officers, agents, and
employees harmless from any and all actions, suits, proceedings, liability, loss,
expense (including all expenses of investigation and defending against same), and
all claims for injury or damages to any person, arising out of the indemnifying
party’s performance of this MOU or any agreement entered into to implement this
MOU, but only in proportion to and to the extent such actions, suits, proceedings,
liability, loss, expense or claims for injury or damages are caused by, or result
from, the negligent or intentional acts or omissions of each Party, its officers,
agents, or employees.
K. Termination of this MOU. If the Agency terminates this MOU
pursuant to Section IVD above, this MOU shall automatically terminate subject to
certain rights of the parties upon termination of this MOU. Upon termination of
this MOU, the Authority and LACMTA shall have the right to use the LACMTA
Parcel in their sole and absolute discretion; and the City and the Agency shall
have no further rights to the LACMTA Parcel and shall quitclaim all rights in the
LACMTA Parcel to LACMTA. Further, upon termination of this MOU, the City
and the Agency shall have the right to use the Triangle Property in their sole and
absolute discretion; and the Authority and LACMTA shall have no further rights
to the Triangle Property and shall quitclaim all rights in the Triangle Property to
the Agency/City.
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by
their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
ATTACHMENT 1
17 17
By: _____________________________________
Roger Moliere Date
Chief, Real Property Management and Development
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
Acting County Counsel
By: _____________________________________
Deputy
CITY OF CULVER CITY
By: ____________________________________________
Christopher Armenta Date
Mayor
APPROVED AS TO FORM:
By: ____________________________________
Carol A. Schwab
City Attorney
THE CULVER CITY REDEVELOPMENT AGENCY
By: ______________________________________________
Micheál O’Leary Date
Chair
APPROVED AS TO FORM:
By: _____________________________________
Murray O. Kane
Kane Ballmer & Berkman
Agency General Counsel
Deleted: Andrew Weissman
ATTACHMENT 1
18 18
THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY
By: ________________________________________________________
Richard Thorpe Date
Chief Executive Officer
ATTACHMENT 1
19 19
EXHIBIT LIST
Exhibit “A” - EXPO Station (page 1)
Exhibit “B” – Triangle Property (page 1)
Exhibit “C” – Washington National Project Site Plan (page 2)
Exhibit “D” – Agency Parking Easement Area (page 2)
Exhibit “E” – Projects timeline (page 3)
Exhibit “F” – Plan Review Procedure (page 6)
Exhibit “G” – Temporary Parking Plan (page 9)
Exhibit “H” – Staging Area on Triangle Property (page 11)
Exhibit “I” – Permitted Paratransit Shuttle Service Area (page 12)
Exhibit “J” – Preliminary Title Report (page 5)
Exhibit “K” – Illustration of Transit Plaza Use (page 5)
ATTACHMENT 1
20 20
EXHIBIT F
The following provisions shall govern LACMTA and Authority approval
plans and specifications submitted by Agency pursuant to the MOU and/or any
document entered into pursuant to the MOU. All references to “Metro” in this
Exhibit shall mean LACMTA and/or Authority, as applicable.
Deemed Approval of Plans and Specifications. This Exhibit “F” shall be
applicable only to plans and specifications for improvements submitted by Agency at
a level of Design Development subsequent to Metro’s approval of a 30% completion
level for plans and specifications (the “30% Drawings”) for such improvements,
provided that such Plans and Specifications (a) do not contain modifications to the
Plans and Specifications approved by LACMTA at the previous level of Design
Development (other than modifications that represent a logical evolution of the
elements depicted, described or specified in the previous Level of Design
Development). This Exhibit “F” shall not be applicable to Metro’s approval of any
30% Drawings or to any Plans and Specifications submitted other than in accordance
with the MOU and this Exhibit “F”. Plans and Specifications (other than Conceptual
Plans) submitted to Metro at a particular level of Design Development in accordance
herewith shall be deemed approved by Metro, if Metro fails to approve, disapprove or
request changes to the same within ten (10) business days after its receipt of a written
notice from Agency (delivered after expiration of the applicable thirty (30) day or the
twenty (20) day period noted in the MOU), indicating Metro's failure to provide such
approval, disapproval or request for changes; provided:
(1) Such written notice contains the following provisions, in large type
and in bold print:
"THIS IS YOUR SECOND AND FINAL NOTICE REGARDING THIS
MATTER. FAILURE TO APPROVE OR DISAPPROVE THE REQUESTED
MATTER WITHIN TEN (10) BUSINESS DAYS AFTER YOUR RECEIPT OF
THIS REQUEST SHALL BE DEEMED AN APPROVAL OF THE SAME
PURSUANT TO EXHIBIT F OF THE MOU WITH THE AGENCY; and
(2) At the time the subject plans and specifications are submitted to
Metro, Agency provides Metro with a written notice requesting approval of such
Plans and Specifications and sets forth in such written notice one or the other of
the following provisions (as applicable), in large type and in bold print:
(a) If such submittal is the initial submittal of plans and specifications
at a particular level of Design Development or is a submittal of plans and
specifications at a particular Level of Design Development for any reason other
than as set forth in the following subsection (b), below, then the following
provision shall be included in the written notice:
ATTACHMENT 1
21 21
“NOTICE IS HEREBY GIVEN THAT FAILURE TO APPROVE OR
DISAPPROVE THE REQUESTED MATTER WITHIN THIRTY (30) DAYS
AFTER YOUR RECEIPT OF THIS REQUEST SHALL BE DEEMED AN
APPROVAL OF THE SAME PURSUANT TO EXHIBIT F OF THE MOU
WITH THE AGENCY”
(b) If such submittal is a re-submittal of plans and specifications at a
particular level of Design Development due solely to either a previous Metro
disapproval of plans and specifications at that level of Design Development or a
previous Metro request for changes to plans and specifications at that Level of
Design Development, then the following provision shall be included in the written
notice:
“NOTICE IS HEREBY GIVEN THAT FAILURE TO APPROVE OR
DISAPPROVE THE REQUESTED MATTER WITHIN FIFTEEN (15) DAYS
AFTER YOUR RECEIPT OF THIS REQUEST SHALL BE DEEMED AN
APPROVAL OF THE SAME PURSUANT TO EXHIBIT F OF THE MOU
WITH THE AGENCY”
.
ATTACHMENT 1
22ATTACHMENT 1
23ATTACHMENT 1
24ATTACHMENT 1
25ATTACHMENT 1
26! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! !
! ! ! !
! ! ! ! ! ! ! !
VENICE BLVD
NATIONAL BLVD
WASHINGTON BLVD
ROBERTSON BLVD
PROJECT SITE
WASHINGTON NATIONAL TRIANGLE PROPERTY
GIS Program
Aiko Strasser
April 02, 2010
o
0 100 200 50
Feet
METRO ROW
CITY OF LOS ANGELES
CITY OF CULVER CITY
WASHINGTON NATIONAL
(AGENCY OWNED)
Agency Owned
Other
ATTACHMENT 1
27Open Space
CONCEPT SITE PLAN
LRT
Venice Boulevard
National Boulevard
Drive Access
Drive
Access
Washington Boulevard
Transit Plaza
Retail Edge
ATTACHMENT 1
28VENICE BOULEVARD
NATIONAL BOULEVARD
WASHINGTON BOULEVARD
METRO ROW
PROJECT SITE
AGENCY PARKING EASEMENT AREA
ATTACHMENT 1
29Release RFP/RFQ
Review Submittals
Select Development Team
Complete shoring wall design construction documents and review by Metro
TOD Preliminary Plans Complete
Complete shoring wall construction
Begin TOD Entitlements and environmental review process
Begin TOD construction document preparation
EXPO Venice Robertson Station Complete
Complete TOD Construction Documents and obtain building permits
Construction bid (TOD)
Select Contractor (TOD)
Construction Commences
Complete construction of subterranean parking garage (TOD)
TOD Construction Complete
Draft Washington/National Transit Oriented Development Timeline
2010
201 1 2012
2013
October - December June
November - December
2014
February - December August February January - December
ATTACHMENT 1
30
EXHIBIT F
The following provisions shall govern LACMTA and Authority approval
plans and specifications submitted by Agency pursuant to the MOU and/or any
document entered into pursuant to the MOU. All references to “Metro” in this
Exhibit shall mean LACMTA and/or Authority, as applicable.
Deemed Approval of Plans and Specifications. This Exhibit “F” shall be
applicable only to plans and specifications for improvements submitted by Agency at
a level of Design Development subsequent to Metro’s approval of a 30% completion
level for plans and specifications (the “30% Drawings”) for such improvements,
provided that such Plans and Specifications (a) do not contain modifications to the
Plans and Specifications approved by LACMTA at the previous level of Design
Development (other than modifications that represent a logical evolution of the
elements depicted, described or specified in the previous Level of Design
Development). This Exhibit “F” shall not be applicable to Metro’s approval of any
30% Drawings or to any Plans and Specifications submitted other than in accordance
with the MOU and this Exhibit “F”. Plans and Specifications (other than Conceptual
Plans) submitted to Metro at a particular level of Design Development in accordance
herewith shall be deemed approved by Metro, if Metro fails to approve, disapprove or
request changes to the same within ten (10) business days after its receipt of a written
notice from Agency (delivered after expiration of the applicable thirty (30) day or the
twenty (20) day period noted in the MOU), indicating Metro's failure to provide such
approval, disapproval or request for changes; provided:
(1) Such written notice contains the following provisions, in large type
and in bold print:
"THIS IS YOUR SECOND AND FINAL NOTICE REGARDING THIS
MATTER. FAILURE TO APPROVE OR DISAPPROVE THE REQUESTED
MATTER WITHIN TEN (10) BUSINESS DAYS AFTER YOUR RECEIPT OF
THIS REQUEST SHALL BE DEEMED AN APPROVAL OF THE SAME
PURSUANT TO EXHIBIT F OF THE MOU WITH THE AGENCY; and
(2) At the time the subject plans and specifications are submitted to
Metro, Agency provides Metro with a written notice requesting approval of such
Plans and Specifications and sets forth in such written notice one or the other of
the following provisions (as applicable), in large type and in bold print:
(a) If such submittal is the initial submittal of plans and specifications
at a particular level of Design Development or is a submittal of plans and
specifications at a particular Level of Design Development for any reason other
than as set forth in the following subsection (b), below, then the following
provision shall be included in the written notice:
“NOTICE IS HEREBY GIVEN THAT FAILURE TO APPROVE OR
DISAPPROVE THE REQUESTED MATTER WITHIN THIRTY (30) DAYS
AFTER YOUR RECEIPT OF THIS REQUEST SHALL BE DEEMED AN
ATTACHMENT 1
31APPROVAL OF THE SAME PURSUANT TO EXHIBIT F OF THE MOU
WITH THE AGENCY”
(b) If such submittal is a re-submittal of plans and specifications at a
particular level of Design Development due solely to either a previous Metro
disapproval of plans and specifications at that level of Design Development or a
previous Metro request for changes to plans and specifications at that Level of
Design Development, then the following provision shall be included in the written
notice:
“NOTICE IS HEREBY GIVEN THAT FAILURE TO APPROVE OR
DISAPPROVE THE REQUESTED MATTER WITHIN FIFTEEN (15) DAYS
AFTER YOUR RECEIPT OF THIS REQUEST SHALL BE DEEMED AN
APPROVAL OF THE SAME PURSUANT TO EXHIBIT F OF THE MOU
WITH THE AGENCY”
.
ATTACHMENT 1
32ATTACHMENT 1
33Laydown Area
Proposed EXPO
Metro Property
Joint Access to
Culver City &
Expo Areas
Culver City
Retained Area
(28,878)
Proposed Field Office
Trailers & Parking
ATTACHMENT 1
34(Triangle Site)
Paratransit
Drop off
ATTACHMENT 1
35
Chicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi@CTT.com
Phone: (213) 488-4394
Fax: (213) 488-4360
Order No.: 910065529-X49
PRELIMINARY REPORT
Property Address: None
Dated as of: April 29, 2009 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
ATTACHMENT 1
36
Order No.: 910065529-X49
SCHEDULE A
CLTA Preliminary Report Form - Modified (11-17-06)
Page 2
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Los Angeles County Metropolitan Transportation Authority, successor by merger to
Los Angeles County Transportation Commission, a county transportation commission
3. The land referred to in this report is situated in the State of California, County of Los Angeles and
is described in the Legal Description, attached hereto:
END OF SCHEDULE A
ATTACHMENT 1
37
Order No.: 910065529-X49
LEGAL DESCRIPTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
PARCEL 1:
A PORTION OF THE RANCHO RINCON DE LOS BUEYES, PARTLY IN THE CITY OF LOS
ANGELES AND PARTLY IN THE CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGES 207 AND 208 OF
PATENTS, AS DESCRIBED IN THAT CERTAIN DEED FROM FRANCISCO HIGUERRA TO THE
LOS ANGELES & INDEPENDENCE RAILROAD COMPANY, RECORDED IN BOOK 53 PAGE 522
OF DEEDS, BOUNDED AND PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THE PARCEL OF LAND DESCRIBED IN DEED DATED JUNE 3, 1876, FROM FRANCISCO
HIGUERRA TO LOS ANGELES INDEPENDENCE RAILROAD COMPANY, RECORDED JUNE 3,
1876, IN BOOK 47 PAGE 152 OF DEEDS, RECORDS OF SAID COUNTY, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SITUATE FIFTY (50) FEET FROM AND BEARING SOUTH 49
DEGREES EAST FROM STATION 327 + 43 OF THE CENTER LINE OF THE LOS ANGELES AND
INDEPENDENCE RAILROAD; THENCE NORTH 82 DEGREES 30' EAST (MAGNETIC) FIFTY (50)
FEET DISTANT FROM AND PARALLEL TO SAID CENTER LINE FOR A DISTANCE OF 9665
FEET TO A POINT ON THE BOUNDARY BETWEEN SAID HIGUERRA AND MRS. AGUILAR;
THENCE NORTHERLY ALONG SAID BOUNDARY LINE BETWEEN SAID HIGUERRA AND
AGUILAR ONE HUNDRED (100) FEET; THENCE SOUTH 82 DEGREES 30' WEST FIFTY (50)
FEET FROM AND PARALLEL TO AFOREMENTIONED CENTER LINE FOR A DISTANCE OF
9665 FEET; THENCE SOUTH 49 DEGREES EAST ONE HUNDRED (100} FEET TO POINT OF
BEGINNING;
BOUNDED ON THE SOUTHWEST BY THE NORTHWESTERLY LINE OF WASHINGTON
STREET (NOW WASHINGTON BOULEVARD), 60 FEET WIDE, AS SHOWN ON THE MAP OF
THE SUBDIVISION OF THE SOUTHERN PORTION OF THE RANCHO RINCON DE LOS
BUEYES, RECORDED IN BOOK 53, PAGE 25 OF MISCELLANEOUS RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY;
BOUNDED ON THE WEST BY THE EASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2
IN THE DEED TO THE CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, RECORDED
IN BOOK 12951, PAGE 323, OF OFFICIAL RECORDS;
AND BOUNDED ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE CITY OF LOS ANGELES, A MUNICIPAL CORPORATION,
RECORDED IN BOOK 4801, PAGE 100 OF OFFICIAL RECORDS.
ATTACHMENT 1
38
Order No.: 910065529-X49
LEGAL DESCRIPTION
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
EXCEPT THEREFROM ALL MINERALS AND MINERAL RIGHTS, INTERESTS AND
ROYALTIES, INCLUDING WITHOUT LIMITATION, ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS OF
WHATEVER KIND OR CHARACTER, WHETHER NOW KNOWN OR HEREAFTER
DISCOVERED, IN AND UNDER SAID LAND BELOW A DEPTH OF 500 FEET UNDER THE
SURFACE WITHOUT REGARD TO THE MANNER IN WHICH THE SAME MAY BE PRODUCED
OR EXTRACTED FROM THE LAND, BUT WITHOUT ANY RIGHT TO ENTER UPON OR
THROUGH THE SURFACE DOWN TO 500 FEET BELOW THE SURFACE TO EXTRACT, DRILL,
EXPLORE OR OTHERWISE EXPLOIT SUCH MINERALS OR MINERAL RIGHTS AND WITHOUT
ANY RIGHT TO REMOVE OR IMPAIR LATERAL OR SUBJACENT SUPPORT, AS RESERVED
BY SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, IN
DEED RECORDED JANUARY 15, 1991 AS INSTRUMENT NO. 91-63428, OF OFFICIAL
RECORDS.
PARCEL 2:
A PORTION OF THAT PART OF RANCHO RINCON DE LOS BUEYES, PROPERTY OF
CLEMENTE C. DE CORONEL, PARTLY IN THE CITY OF LOS ANGELES AND PARTLY IN THE
CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 13 PAGE 18 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN THAT CERTAIN DEED FROM
CLEMENTA CRUZ DE CORONEL, WIFE OF MANUEL CORONEL, TO LOS ANGELES &
INDEPENDENCE RAILROAD COMPANY, RECORDED IN BOOK 53 PAGE 535 OF DEEDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ONE HUNDRED (100) FEET NORTHERLY FROM ENGINEER
STATION 379 + 50 OF THE LOS ANGELES & INDEPENDENCE RAILROAD (NOW THE S.P.R.R.)
AT THE POINT WHERE SAID RAILROAD CROSSES WASHINGTON STREET, AS SHOWN ON
MAP OF A PORTION OF SAID RANCHO RINCON DE LOS BUEYES, RECORDED IN BOOK 13,
PAGE 18, OF MISCELLANEOUS RECORDS; THENCE WESTERLY PARALLEL WITH AND ONE
HUNDRED (100) FEET FROM THE CENTER LINE OF THE S.P.R.R. CO. RIGHT OF WAY NINE
HUNDRED FIFTY (950) FEET TO A POINT OPPOSITE STATION 370 OF SAID RAILROAD;
THENCE AT RIGHT ANGLES SOUTHERLY FIFTY (50) FEET TO THE NORTHERLY LINE OF
THE RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE EASTERLY ALONG SAID
NORTHERLY LINE NINE HUNDRED FIFTY (950) FEET TO A POINT OPPOSITE STATION 379 +
50; THENCE NORTHERLY FIFTY (50) FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION, IF ANY, INCLUDED IN THE LINES OF WASHINGTON
STREET.
ATTACHMENT 1
39
Order No.: 910065529-X49
LEGAL DESCRIPTION
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
ALSO EXCEPT THEREFROM ALL MINERALS AND MINERAL RIGHTS, INTERESTS AND
ROYALTIES, INCLUDING WITHOUT LIMITATION, ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS OF
WHATEVER KIND OR CHARACTER, WHETHER NOW KNOWN OR HEREAFTER
DISCOVERED, IN AND UNDER SAID LAND BELOW A DEPTH OF 500 FEET UNDER THE
SURFACE WITHOUT REGARD TO THE MANNER IN WHICH THE SAME MAY BE PRODUCED
OR EXTRACTED FROM THE LAND, BUT WITHOUT ANY RIGHT TO ENTER UPON OR
THROUGH THE SURFACE DOWN TO 500 FEET BELOW THE SURFACE TO EXTRACT, DRILL,
EXPLORE OR OTHERWISE EXPLOIT SUCH MINERALS OR MINERAL RIGHTS AND WITHOUT
ANY RIGHT TO REMOVE OR IMPAIR LATERAL OR SUBJACENT SUPPORT, AS RESERVED
BY SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, IN
DEED RECORDED JANUARY 15, 1991 AS INSTRUMENT NO. 91-63428, OF OFFICIAL
RECORDS.
END OF LEGAL DESCRIPTION
ATTACHMENT 1
40
Order No.: 910065529-X49
SCHEDULE B
CLTA Preliminary Report Form - Modified (11-17-06)
Page 6
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 - 2010 that
are a lien not yet due.
B. Said land is shown as exempt on the Los Angeles County Tax Roll for the fiscal year 2008 - 2009
Assessors Parcel Number: 4312-031-900
4312-031-901
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
(No representation is made as to the present ownership of said easement)
In Favor of: City of Los Angeles
Purpose: highway
Recorded: April 29, 1926 in Book 4620, Page 117 of Official Records
Affects: That portion of said land as described in the document attached
hereto.
The legal description therein was corrected by document recorded May 11, 1927 in Book 4801,
Page 100, of Official Records.
And as condemned by Final Judgment entered in Superior Court Case No. 226-184, a certified copy
of which recorded January 27, 1932 in Book 11417, Page 67 of Official Records.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
(No representation is made as to the present ownership of said easement)
In Favor of: City of Los Angeles
Purpose: storm drain
Recorded: December 21, 1927 in Book 7769, Page 171 of Official Records
Affects: That portion of said land as described in the document attached
hereto.
3. Water rights, claims or title to water, whether or not disclosed by the public records.
ATTACHMENT 1
41
Order No.: 910065529-X49
SCHEDULE B
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 7
4. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
5. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
ATTACHMENT 1
42
Order No.: 910065529-X49
INFORMATIONAL NOTES
CLTA Preliminary Report Form - Modified (11-17-06)
Page 8
1:
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity’s
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller’s checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled “no fee” pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title office, contact should be made
with the office to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt of funds and subsequent closing of your transaction.
Chicago Title will disburse by wire-out only collected funds or funds received by confirmed
wire-in.
The Company’s wire-in instructions are:
Bank: Bank of America
1850 Gateway Blvd.
Concord, CA 94520
Bank ABA No.: 0260-0959-3
Account Name: Chicago Title Company, Broadway Plaza Office
Account No.: 12351-50737
For Credit To: Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 90017
Order No.: 910065529-X49
ATTACHMENT 1
43
Order No.: 910065529-X49
INFORMATIONAL NOTES
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 9
LENDER NOTE: On the DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer’s Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor’s parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
ATTACHMENT 1
44
Order No.: 910065529-X49
INFORMATIONAL NOTES
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 10
Note No. 9: Important notice regarding documents to be recorded in the Los Angeles County.
Please review the following CRITICAL MESSAGE from the Los Angeles County Recorder’s
Office as it will likely impact your closing:
SUBJECT: ACCEPTANCE OF NOTARY ACKNOWLEDGEMENTS
Effective May 1, 2008, the Los Angeles Registrar-Recorder/County Clerk’s Office will work
diligently to be more efficient in examining notary acknowledgements as our part in minimizing
notary fraud. In our efforts, we will strictly adhere to the following requirements for accepting
Notary Acknowledgments/Certificates:
• Notaries must comply with the requirements set forth by the state where the oath is
administered.
• Notary Acknowledgments/Certificates may not contain white-out, corrective tape, arrows
and/or asterisks.
• Notary Acknowledgments/Certificates completed by a California Notary that are destined for
recording in the County of Los Angeles must be presented exactly in the form prescribed by
Civil Code Section 1189(a)(1).
A Notary Acknowledgment/Certificate that does not meet existing state requirements in addition to
the requirements set forth above may not be re-submitted after it has been rejected by the Recorder.
A new Notary Acknowledgment/Certificate will be required when re-submitting a rejected
document.
If you have any questions, please contact the Registrar-Recorder/County Clerk at (562) 462-2125.
ATTACHMENT 1
45
Order No.: 910065529-X49
INFORMATIONAL NOTES
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 11
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
ATTACHMENT 1
46
Order No.: 910065529-X49
INFORMATIONAL NOTES
(continued)
CLTA Preliminary Report Form - Modified (11-17-06)
Page 12
NOTICE
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must - prior to the close of the current transaction - inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
ATTACHMENT 1
47ATTACHMENT 1
48(Triangle Site)
WASHINGTON NATIONAL ILLUSTRATIVE CONCEPT PLAN
FOR TRANSIT PLAZA
EXHIBIT K
ATTACHMENT 1
49Summary Costs for Related to the MTA MOU
Station Redesign
Design Fees $285,000
Construction
Steel Fabrication $350,000
Labor and Materials $2,506,458
$2,856,458
TOTAL $3,141,458
ATTACHMENT 2
50