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HomeMy WebLinkAbout2009-07-02 - Grant CIM/HUNTINGTON, LLC, a California limited liability company _ ll PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange county AND WHEN RECORDED MAIL TO: Tom Daly, clerk-Recorder Ills llll ll1f1111111111111111111111111111111111111111�0 FEE City of Huntington Beach 2009000384593 02:46pm 07/17/09 2000 Main Street - 2nd Floor 116 8 G02 s City Clerk ' s Office 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 --- THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: ih AMENDED AND RESTATED GRANT DEED ' Re-recorded to provide full Legal Description for The Strand Public Parking Structure 155 - 5th Street (Exhibit A) Instrument No.. 2009000277797, recorded June 1, 2009 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recorded at the request of City of Huntington Beach When Recorded Mail to: City of Huntington Beach P.O. Box 190 2000 Main St. Huntington Beach, CA 92648 Attn: Joan Flynn, City Clerk [Exempt From Filing Fees Pursuant Government Code § 6103] APN• The Strand Public Parking Structure Space above this line for Recorder's Use 155 - 5th Street AMENDED AND RESTATED GRANT DEED For a valuable consideration,receipt of which is hereby acknowledged, CIMMUNTINGTON, LLC, a California limited liability company("GRANTOR"), hereby grant(s)to THE CITY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION ("GRANTEE"),the real described in the legal description attached hereto as Exhibit A and incorporated herein by this reference(the"Property"), in accordance with and subject to the covenants, conditions, and restrictions set forth in this Grant Deed. Grantor and Grantee agree that there shall be no discrimination against or segregation of any persons, or group of persons, on account of race, color,national origin, sex, sexual orientation,marital status, creed, religion, disability, age, or any other protected classification in the sale, lease, sublease,transfer,use, occupancy,tenure or enjoyment of the Property;nor shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use or occupancy of tenants,lessees, subtenants, sublessees or vendees of the Property. Grantor and Grantee agree that all deeds, leases or contracts for the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or improvements thereon, or any portion thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The Participant herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color,national origin, sex, sexual orientation,marital status, creed, religion, disability, age, or any other protected classification in the sale, lease, sublease,transfer,use,occupancy,tenure or enjoyment of the premises herein conveyed,nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it,and this lease is made and accepted upon and subject to the following conditions: 06-682/33853 1 That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, national origin, sex, sexual orientation,marital status, creed,religion, disability, age, or any other protected classification in the leasing, subleasing,transferring, use, occupancy, tenure or enjoyment of the premises herein leased,nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection,location,number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts: "there shall be no discrimination against or segregation of any person, or group of persons,on account of race, color, creed, religion, sex,marital status, national origin or ancestry in the sale, lease, sublease,transfer,use,occupancy,tenure or enjoyment of the land,nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 4. This Grant Deed shall not merge with any other agreement between Grantor and Grantee. IN WITNESS WHEREOF,the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized as of the dates shown below. CIM/Huntington,LLC, Dated1il 6-;t 2 U a California limited liability company By CIM Urban Real Estate Fund, L.P., sole member, By CIM Urban Fund, GP,LLC, its general partner By. Print name DEED CERTIFICATION—CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: JENNIFER MCGRATH,City This is to certify that the interest in real property conveyed by the Atto Grant Deed dated July 02, 2009 from K �Jj CIM/Huntington,LLC,a California limited liability company,to the By. �/ L�—- Q CITY OF HUNTINGTON BEACH is hereby accepted by the ssisl eputy City Attorney undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No.3537 of the City Council of Huntington Beach This Document is solely for the official business of the City of adopted on August 7, 1972,and the grantee consents to the Huntington Beach,as contemplated under Government Code recordation thereof by its duly authorized officer. Section 6103 and should be recorded free of charge. Tax Exempt Government Agency CITY OF HUNTINGTON B AGH Dated CITY OF HUNTINGTON BEACH Joan Flynn,City 1 rk J y: CM CITY CORK go rFlyn�nCi60&k MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE Joan Flynn, City Clerk, City of Huntington Beach P.O. Box 190/2000 Main St., Huntington Beach, CA 92648 06-682/33853 2 STATE OF CALIFORNIA ) ss. COUNTY OFZe-S' 671 i /Y- ) � n ,�n -;� O c before m '-�� a l '1 (here insert name and title of the officer), ersonally appeare �`�1f41S/%A1Q5'2 (insert name of signer) who proved to me on the basis of satisfactory evidence to be the person(?f whose name; ar�subscribed to the within instrument and acknowledged to me that e s i/the� executed the same in is /th/ authorized capacity(#, and that byr r/th f signature(4on the instrument the personv, or the entity upon behalf of which the person�O 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. DENiSE DEL AEY Commission a 1"M79 Notary Public•CaWornis Los Angeles County ` omm.Expires.Aor 8 O13 Signature (Seal) 100-001 Notary Form EXHIBIT A LEGAL DESCRIPTION 06-682/33853 3 EXHIBIT "A-'I" LEGAL DESCRIPTION - PARKING PARCEL PARCEL 1: THAT PORTION OF LOT 1 OF TRACT NO. 16406, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 870,PAGES 47 THROUGH 50, INCLUSIVE,OF MISCELLANEOUS MAPS,RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 2.83 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES,FROM THE SOUTHWESTERLY LINE OF SAID LOT 1 WITH THAT CERTAIN COURSE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 1,SAID COURSE BEING SHOWN AS NORTH 41'3T10"EAST 124.55 FEET;THENCE,NORTH 48°21'52"WEST,ALONG SAID PARALLEL LINE,4.70 FEET TO THE POINT OF BEGINNING;THENCE,ALONG THE FOLLOWING 10 COURSES AND DISTANCES: 1- NORTH 48°21'52"WEST,ALONG SAID PARALLEL LINE, 336.83 FEET; 2- NORTH 41'38'08"EAST, 148.50 FEET; 3- SOUTH 48°21'52"EAST,77.00 FEET; 4- SOUTH 64*55'17"EAST,19.30 FEET; 5- SOUTH 48*21'52"EAST,30.00 FEET- 6- NORTH 41°38'08"EAST 182_00 FEET; 7- SOUTH 48"21'52"EAST 275.00 FEET; 8- SOUTH 41'38"08"WEST 211.58 FEET; 9- NORTH 48"21'62"WEST 63.67 FEET; 10- SOUTH 41°38'08"WEST 124.42 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING ABOVE ELEVATION 25.66 FEET(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW ELEVATION 9.00 FEET(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION INDICATED AS"COMPONENTS"AS DEFINED IN ARTICLE 1.18 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS. CONTAINING AN AREA OF 2.37 ACRES(103,331 SQUARE FEET)MORE OR LESS. ALSO SHOWN ON SHEET 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LAND SG� MICHAEL SIMO I q,P.LS.6034 J �\ y REGISTRATION EXPIRES 6/30/09 Exp. 6/30/09 � No. 5034 � 19 TE 9 OF C��-F SHEET EXHIBIT"A-1" TAIT&ASSOCIATES INC. THE STRAND-PARKING GARAGE Engineering Surveying Environmental I ®F 4, 155 5TH STREET 701 PARKCENTER DRNE,1 NTOAB NAo CALIFORNIA 92705 HUNTINGTON BEACH,CA EXHIBIT "A-1" LEGAL DESCRIPTION- PARKING PARCEL PARCEL 2: THAT PORTION OF LOT 1 OF TRACT NO. 16406, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 870,PAGES 47 THROUGH 50,INCLUSIVE,OF MISCELLANEOUS MAPS, RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 2.83 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES,FROM THE SOUTHWESTERLY LINE OF SAID LOT 1 WITH THAT CERTAIN COURSE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 1,SAID COURSE BEING SHOWN AS NORTH 41037'10"EAST 124.55 FEET;THENCE, NORTH 48"21'52"WEST,ALONG SAID PARALLEL LINE,4.70 FEET; THENCE,ALONG THE FOLLOWING 14 COURSES AND DISTANCES: 1- NORTH 48°21'52"WEST,ALONG SAID PARALLEL LINE, 336.83 FEET; 2- NORTH 41"38'08"EAST, 148.50 FEET TO THE POINT OF BEGINNING; 3- NORTH 48"21'52"WEST, 15.93 FEET TO A POINT OF THE NORTHWESTERLY LINE OF SAID LOT 1; 4- NORTH 41°37'11"EAST,ALONG SAID NORTHWESTERLY LINE,40.75 FEET; 5- SOUTH 48'21'52"EAST, 15.93 FEET; 6- NORTH 41'38'08"EAST,2.00 FEET; 7- SOUTH 48'21'52"EAST,43.83 FEET; 8- SOUTH 59°00'03"EAST,52.82 FEET; 9- SOUTH 77°09'19"EAST, 21.11 FEET; 10- SOUTH 48°21'25"EAST, 11.25 FEET; 11- SOUTH 41°38'08"WEST,57.17 FEET; 12- NORTH 48°21'52"WEST,30.00 FEET; 13- NORTH 64*55'17"WEST, 19.30 FEET; 14- NORTH 48'21'52"WEST,77.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING ABOVE AND BETWEEN AN ELEVATION OF 38.79 FEET ON THE NORTHWESTERLY LINE OF SAID PARCEL 2 AND AN ELEVATION OF 26.33 FEET ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW AND BETWEEN AN ELEVATION OF 30.46 FEET ON THE NORTHWESTERLY LINE OF SAID PARCEL 2 AND AN ELEVATION OF 18.00 FEET ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION INDICATED AS"COMPONENTS"AS DEFINED IN ARTICLE 1.18 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS. CONTAINING AN AREA OF 0.15 ACRES(6,550 SQUARE FEET)MORE OR LESS. ALSO SHOWN ON SHEET 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LAND SG� �2 .eEL MICHAEL SIMO ,P. .S.6034 REGISTRATION EXPIRES 6/30/09 Exp. 6/30/09 No. 6034 ij ATE OF CA SHEET EXHIBIT"A-1" TAIT&ASSOCIATES INC. THE STRAND-PARKING GARAGE Engineering Surveying Environmental 2 ®F 4, 155 5TH STREET 701 PARMENTER DWF-i4SANTA AN CAUFORNIA 92705 HUNTINGTON BEACH,CA ' _ T _ SIXTH STREET _ NW LY LINE LOT i TRACT o N0. 16406 PER R1 NW'LY LINE PARCEL 2 N4137'11"E 40.50' _ N48'21'52"W 15.93' I NA—3e 08 E :448.tO' / 58' $3'. P.O:�,-�ARCELr 2' w N N 2: -$4' �n vi ,O oGo iJE'kY .7 L7NE,' .• P°^ ��" I N'LY LIMIT OF ao r P.-AC16tC GOA9 HW1' <r' �' INGRESS—EGRESS PER R.1 RAMP i $6455't7"E•' w 2 :.�9 � SE'LY LINE PARCEL 2 d - err Q57E 1 _ O �n 0cc r, V z ft�aERi&ti2rS�(b�EF�`:OF:' _ `N•41'38'b8"E ` 102-W PARKINO'-STRUCiTURP f to , IN7�RIOR SID . q f:•'OF.' M -PARCEL , � :'PARitING STi2U.CTUI�E . ( M POR. LOT 1 W9L� O I� N TRACT NO. 1 6406.--` . I� w w N I N. ' M.M. 870/47-50 > z z I N NOTES: -' . ' : z Z J 1fi.11 � LAJ Cf;.dPP�•R VEL•EtEV>'25,86'�NAVD48),:'' to v3i t� jKNC�•'ELf�,V�TI�Nt IN:�t1PPE� t�VEl;P1�RK11�(G PAl?C�L') •- ..` � o: Q UM S OF100R}£VE��t1EY=9�1B (14l) ); (FttJISHED FC00R'ELENIAN)K Q6'THJ•'L011lfR IEYEL PARYWG,PAARCEL)_ F- w I0 � Z LIMITS'Of UPPER.-ELEY!i 311.79':ON 14 N4Y.-CiNF,-4 RARCEC 2•& z J TIJP SEY LINE QF'PAPCEL:2(NAV6 $8) 'N Q 58 .2.83% (SiRIXf T9'RAMF Qd6RAffg_,dEVAnQNf ' J 1.1 S 0f LQWER•-- CEW60.A' QN T1TE"NYY.UNE OF'pARCEI..? P,0.8,•PARCEL'1 .: CN•IiLQG •1HE-SEXY UNEf=O OARP.EL 2(NAYi1 8 Y z Lt c4 E T01tAMf FINISHED'SUR(cE•'ELEVAT ON),. `S4,1`38 08 '24 2' I� INTERI[OR.-'SIDE OF 124.55 PA KAG.'5TRUCTW§E. N41'37'100E 12' N WALL•(TYP) P.O.C. PARCEL i COX- 30' of .=' MOST:SE'l.Y LINE LOT.-t AND PARCEL 2 •Tf ACT E.0. t6406 PER R1 �541'3$%tf8"VY 211.59' .• ALLEY) N 0 30 60 120 (IN FEET) NOTE: SEE SHEET 4 OF 4 FOR LINE TABLE DATA, LEGEND, BASIS OF BEARINGS. BENCHMARK INFORMATION AND 1 inch = 60 ft. SURVEYOR'S NOTES SHEET EXHIBIT"A-1" TAIT&ASSOCIATES INC. THE STRAND-PARKING GARAGE Engineering Surveying Environmental '� ®tlC 4 155 STH STREET 701 PARKCENTER DRIVE,1SANNTOA-8200 AN CALIFORNIA 92705 HUNTINGTON BEACH,CA LEGEND: P.O.B. - POINT OF BEGINNING ------- - BOUNDARY LOT 1 TRACT NO. P.O.C. - POINT OF COMMENCEMENT 16406 M.M. 870/47-50 - INTERIOR SIDE OF PARKING (RI) - RECORD DATA PER TRACT NO. PARCEL WALL 16406 M.M. 870/47-50 - PARKING PARCEL DESCRIBED IN EXHIBIT "A-1" PARCEL 1 - PARKING PARCEL DESCRIBED IN L' �' EXHIBIT "A-1" PARCEL 2 BASIS OF BEARINGS: BEARINGS HEREON ARE BASED ON THE BEARINGS BETWEEN O.C.S. HORIZONTAL CONTROL STATION CPS 5019 AND STATION CPS 5034RI BEING NORTH 33'33'25" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCHMARK: BENCHMARK ID: STANDARD 1-RM2 DESCRIBED BY OCS 2002: FOUND 3 3/4" OCS ALUMINUM BENCHMARK STAMPED "STANDARD-I-RM2" SET IN AN ORANGE COUNTY SURVEYOR WELL MONUMENT. MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF PACIFIC COAST HIGHWAY AND 12TH STREET, 27 FT. NORTHEASTERLY OF THE BIKE PATH ALONG THE BLUFF AND 66.3 FT. SOUTHWEST OF THE CENTERLINE OF THE SOUTHBOUND LANES ALONG PCH 6.6 FT. SOUTHEAST OF THE PROLONGATION OF THE CENTERLINE OF 12TH STREET. MONUMENT IS SET 1.0 FT. BELOW GROUND SURFACE. ELEVATION: 30.817 FEET (NAVD 88. 1995 ADJUSTMENT) SURVEYOR'S NOTES: 1. THE EXHIBITS GENERATED HEREIN ARE FROM THE APPROVED RECORD PLANS FOR THE SUBTERRANEAN PARKING STRUCTURE PROVIDED TO THE SURVEYOR. 2_ A CONCRETE WALL THICKNESS OF 1 FOOT (12 INCHES) WAS USED ALONG THE ENTIRE PERIMETER OF THE SUBTERRANEAN PARKING STRUCTURE, AND MAY VARY. 3. THE LIMITS OF THE UPPER AND LOWER LEVEL ELEVATIONS SHOWN HEREIN WERE TAKEN FROM THE APPROVED RECORD PLANS FOR THE SUBTERRANEAN PARKING STRUCTURE PROVIDED TO THE SURVEYOR. LINE TABLE DATA LINE BEARING DISTANCE L1 N48'21'52"W 4.70' L2 S48'21'52"E 43.83' L3 S59'00'03"E 52.82' L4 S77'09'19-E 21.11' L5 S48-21.52"E 11.25- SHEET EXHIBIT"A-1 �`� TAIT&ASSOCIATES INC. q THE STRAND-PARKING GARAGE Engineering Surveying Environmental 4 ®F 155 5TH STREET 701 PAWCENTER DIRT�SMTA 14 0-820A CAUFORNIA 42705 HUNTINGTON BEACH,CA ��NTINGTpN OFFICE OF CITY ATTORNEY Q P.O.BOX 190 Paul D'Alessandro,Assistant City Attorney yc��OUMTY CP���o Scott Field,Assistant City Attorney 2000 Main Street Neal Moore,Sr.Deputy City Attorney Huntington Beach,California 92648 Leonie Mulvihill,Sr.Deputy City Attorney Jennifer McGrath Telephone: (714)536-5555 John Fujii,Sr.Deputy City Attorney City Attorney Facsimile: (714)374-1590 Daniel K Ohl,Deputy City Attorney Sarah Sutton,Deputy City Attorney Mike Vigliotta,Deputy City Attorney July 1, 2009 John Given, Principal Matt Fragner, General Counsel CIM Group, Inc. 6922 Hollywood Blvd. Ninth Floor , Los Angeles, CA 90028 Re: Amended and Restated Grant Deed Dear Gentlemen: On June 1, 2009,the enclosed Grant Deed was recorded in the Office of the Orange County Clerk/Recorder as Instrument 2009000277797. As you know,the Grant Deed transferred the parking parcel to the City of Huntington Beach. Upon review of the recorded Grant Deed,the City Clerk noted two deficiencies. First,the City Clerk failed to certify the Deed, and second, the legal description was incomplete. Accordingly, our office has prepared the enclosed Amended and Restated Grant Deed for execution by CIM/Huntington LLC. At your earliest convenience, please cause the Amended and Restated Grant Deed to be executed and returned to my attention at the earliest possible date so the same may be immediately recorded with the Orange County Clerk/Recorder's Office. If you have any questions or comments, please do not hesitate to contact me. cerely, /1 V V LEONIE MULVIHILL Sr. Deputy City Attorney Attachment: Amended and Restated Grant Deed 06-682/35817 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 14, 2009 Re-Recording Requested by: Joan L. Flynn, City Clerk City of Huntington Beach When recorded return to: Joan L. Flynn, City of Huntington Beach City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Grant Deed Recorded on 6/01/09 as instrument#2009000277797.. This Document is being re-recorded to provide a full Legal Description (Exhibit A) for The Strand Public Parking Structure, located at 155 —5th Street. Jo L. Flynn, CIVIC City Clerk City of Huntington Beach Sister C les�O "r�jo,eVapand�t` al a�Cere,New Zealand Telephone:714-536-5227) L' JT- � C.,274>tLS 7-0 revs Recorded at the request of Recorded in Official Records, orange County City of Huntington Beach Tom Daly, Clerk-Recorder When Recorded Mail to: NO FEE City of Huntington Beach 2009000277797 09:44am 06/01/09 P.O. Box 190 116 8 G02 5 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 — -- - - - Attn: Joan'/,Flynn, CityClerk A>PN' Tf4G .577�� U Space above this line for Recorder's Use GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, CIM/HUNTINGTON, LLC, a California limited liability company ("GRANTOR"), .� hereby grant(s)to THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION (`GRANTEE"),the real described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the"Property"), in accordance with and subject to the covenants, conditions, and restrictions set forth in this Grant Deed. Grantor and Grantee agree that there shall be no discrimination against or segregation of any persons, or group of persons, on account of race, color, national origin, sex, sexual orientation, marital status, creed, religion, disability, age, or any other protected classification in the sale, lease, sublease,transfer, use, occupancy,tenure or enjoyment of the Property;nor shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. Grantor and Grantee agree that all deeds, leases or contracts for the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or improvements thereon, or any portion thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The Participant herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, national origin, sex, sexual orientation,marital status, creed,religion, disability, age, or any other protected classification in the sale, lease, sublease,transfer, use, occupancy,tenure or enjoyment of the premises herein conveyed,nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this lease is made and accepted upon and subject to the following conditions: 06-682/33853 1 That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, national origin, sex, sexual orientation, marital status, creed, religion, disability, age, or any other protected classification in the leasing, subleasing,transferring, use, occupancy, tenure or enjoyment of the premises herein leased,nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in . the land herein leased." 3. In contracts: "there shall be no discrimination against or segregation of any person,or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease,transfer, use, occupancy,tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 4. This Grant Deed shall not merge with any other agreement between Grantor and Grantee. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized as of the dates shown below. CIM/Huntington, LLC, Dated: May 14, 2009 a California limited liability company By CIM Urban Real Estate Fund, L.P., sole member, By CIM Urban Fund, GP, LLC, its general pa-�ner l Nicholas V. N[OrOsOff Secretary DEED CERTIFICATION—CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: JENNIFER MCGRATH,City This is to certify that the interest in real property conveyed by the Attor ey Grant Deed dated from � � CIM/Huntington,LLC,a California limited liability company,to the By: CITY OF HUNTINGTON BEACH is hereby accepted by the Assistant/Deputy City Attorney S• 1 $ Uc/ undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No.3537 of the City Council of Huntington Beach This Document is solely for the official business of the City of adopted on August 7, 1972,and the grantee consents to the Huntington Beach,as contemplated under Government Code recordation thereof by its duly authorized officer. Section 6103 and should be recorded free of charge. Tax Exempt Government Agency CITY OF HUNTINGTON BEACH Dated CITY OF HUNTINGTON BEACH Joan Flynn,City Clerk By: JOAN FLYNN,CMC By: CITY CLERK Joan Flynn,City Clerk MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE Joan Flynn, City Clerk,City of HuntinjZton Beach P.O. Box 190/2000 Main St.,Huntington Beach,CA 92648 06-682/33853 2 EXHIBIT"A-1" LEGAL DESCRIPTION-PARKING PARCEL PARCEL 1: THAT PORTION OF LOT 1 OF TRACT NO.16406,IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 870,PAGES 47 THROUGH 50,INCLUSIVE,OF MISCELLANEOUS MAPS,RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 2.83 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES,FROM THE SOUTHWESTERLY LINE OF SAID LOT 1 WITH THAT CERTAIN COURSE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 1,SAID COURSE BEING SHOWN AS NORTH 41*37'10"EAST 124.55 FEET;THENCE,NORTH 48'21'52"WEST,ALONG SAID PARALLEL LINE,4.70 FEET TO THE POINT OF BEGINNING;THENCE,ALONG THE FOLLOWING 10 COURSES AND DISTANCES: 1- NORTH 48°21'52"WEST,ALONG SAID PARALLEL LINE,336.83 FEET; 2- NORTH 41"38'08"EAST,148.50 FEET; 3- SOUTH 48°21'52"EAST,77.00 FEET; 4- SOUTH 64'55'17"EAST,19.30 FEET; 5- SOUTH 48°21'52"EAST,30.00 FEET; 6- NORTH 41°38'08"EAST 182.00 FEET; 7- SOUTH 48'21'52"EAST 275.00 FEET; 8- SOUTH 41'38"08"WEST 211.58 FEET; 9- NORTH 48'21'52"WEST 63.67 FEET; 10- SOUTH 41'38'08"WEST 124.42 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING ABOVE ELEVATION 25.66 FEET(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW ELEVATION 9.00 FEET(NAVD 88). ALSO EXCEPTING THEREFROM THAT PORTION INDICATED AS"COMPONENTS"AS DEFINED IN ARTICLE 1.18 OF THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS. CONTAINING AN AREA OF 2.37 ACRES(103,331 SQUARE FEET)MORE OR LESS. ALSO SHOWN ON SHEET 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. �o LAND s� MICHAEL SIMO ,P.L.S.6034 �\ Z REGISTRATION EXPIRES 6130/09 j Exp. 6/30/09 No. 6034 EfATE F CA SHEET EXHIBIT"A-1" �� TAIT&ASSOCIATES INC. THE STRAND-PARKING GARAGE Engineering Surveying Environmental 1 OF 4 155 5TH STREET 701 PARMENTER DRIVE,SAN714) OTOA�ANA,CALIFORNIA 92705 HUNTINGTON BEACH,CA 06-682/33853 3 STATE OF CALIFORNIA ) SS. COUNTY OFLp.5 ) On/P" /Ll" 'gwoq before me`, 'r'� ' at ,Lalan insert name(here inssert name and title of the officer personally appearedA//Gnoks N1o,-oso (insert name( 'f of signero) who proved to me on the basis of satisfactory evidence to be the person whose namea# subscribed to the within instrument and acknowledged to me that i �fe/tVy executed the same in dohX7th;.4 authorized capacity(ie/), and that bygii /l/r/tVir signature(V on the instrument the person(s j, or the entity upon behalf of which the personvacted, 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. Signature (Seal) Ma too DENIS DELEY Commission#IM79 Notary Public•CallflrMa a STATE OF CALIFORNIA ) Los Angeles Cou" SS. M Comm.Ex ires Apr 9,Z013 COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared (insert name(s) of signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 06-682/33853 4