HomeMy WebLinkAboutPM 2014-04 - Agreement/Covenant - 3/10/2016 r
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1111 IN 11111111111111111111111111111111111111111
FRESNO County Recorder
Paul Dictos, C.P.A.
' DDC— 2016-0028884
. Acct 55-First American Fresna ER
After Recording Return_To: Juesday, MAR 08, 2016 e 8:00:00
Target Corporation Tt 1 Pd $94.00 Rcpt # 0004488601
Property Development RGRIR4l2-25
1000 Nicollet Mall,TPN-12H
Minneapolis,MN 55403
Attn: Real Estate Portfolio Management(T-1417 Fresno,CA)
ACCESS AND UTILITY EASEMENT AND RESTRICTION AGREEMENT
THIS ACCESS AND UTILITY EASEMENT AND RESTRICTION AGREEMENT
("Agreement") is made as of SAN—,q R y Z•q 201 , by and between TARGET
CORPORATION, a Minnesota corporation ("Target"), and BLACKSTONE & BULLARD, L.P.,
a California limited partnership ("Adjacent Owner").
RECITALS
A. Target is the owner of the parcel of land situated in Fresno, CA, being more
particularly described on Exhibit A attached hereto and made a part hereof("Target Tract").
B. Adjacent Owner is the owner of two parcels of land situated immediately adjacent to
the Target Tract, being more particularly described on Exhibit B, attached hereto and made a part
hereof,and labeled as"Outparcel I"and "Outparcel 2"on the site plan attached hereto as Exhibit C,
attached hereto and made a part hereof (collectively the"Adjacent Tracts")
C. Adjacent Owner desires to obtain from Target an easement for vehicular ingress and
egress,utility line easements and an easement for storm water drainage over a portion of the Target
Tract for the benefit of the Adjacent Tracts
D. Target desires to obtain from Adjacent Owner certain agreements regarding the
use and operation of the Adjacent Tracts and certain easements for the benefit of the Target
Tract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Target and Adjacent Owner agree as follows:
1. Recitals. The Recitals are incorporated herein as if fully set forth.
2. Grant of Access Easement. Target hereby grants to Adjacent Owner non-exclusive
perpetual easements, in common with Target and others entitled to use the same, for the purpose of
ingress and egress of vehicles to and from the Adjacent Tracts extending over, upon and across that
portion of the Target Tract indicated on Exhibit C (the "Access Easement Area'); provided,
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however, this grant of easement shall in no event be construed to create any rights to park motor
vehicles upon any portion of the Access Easement Area and/or the Target Tract. The easement
established herein shall be appurtenant to and for the benefit of the Adjacent Tracts. The right to
use the Access Easement Area may be extended by Adjacent Owner to its customers, employees,
tenants, subtenants, suppliers, contractors, business invitees and other persons having contact with
the activities being conducted on the Adjacent Tracts.
3. Maintenance and Operation of Access Easement Area. Target shall maintain all
paved surfaces within the Access Easement Area in a smooth, clean, orderly, safe and good state of
repair condition. Target reserves the right to modify the location of the curb cuts between the
public streets and the Access Easement Area, provided that a reasonable means of access
between the Adjacent Tracts and a public street remains open at all times during such relocation.
In the event of any such curb cut relocation, Target and Adjacent Owner shall enter into a
recordable amendment to this Agreement showing the relocated Access Easement Area. Target
shall be permitted to temporarily close the Access Easement Area for reasonable periods of time
under the circumstances, as needed (a) to perform repairs andlor maintenance, or.(b) to avoid a
public dedication, provided that a reasonable means of access between the Adjacent Tracts and a
public street remains open at all times. Repair and maintenance work will be pursued to
completion with reasonable diligence to minimize the time period that a closure is needed.
4. Payment by Adjacent Owner. Adjacent Owner agrees to pay to Target as a
contribution towards (i) the maintenance of the Access Easement Area, (ii) taxes applicable to the
Access Easement Area, and (iii) the insurance described in Section 6 below, the sum of Four
Thousand Dollars ($4,000.00) per year for each of the two Outparcels [i.e. Eight Thousand Dollars
($8,000.00) per year in the aggregate], subject to adjustment as hereinafter provided, in advance,
commencing on the date of this Agreement. The initial payment shall be payable within thirty(30)
days of the date of this Agreement, prorated for any partial year, and thereafter due on January l of
each year. The annual contribution for each Outparcel shall be increased, commencing with the
payment due on January 1, 2019 and each five (S) year interval thereafter, to an amount equal to
110% of the annual contribution for the prior year. If Adjacent Owner fails to pay to Target its
annual contribution for each Outparcel on or before January 1 of a year and Adjacent Owner shall
not remedy such failure within ten (10) days after written notice, Target shall have a lien against
such Outparcel(s) in the amount of such contribution, plus all costs incurred by Target relating to
such failure (including collection costs, attorneys' fees and administrative costs), and plus interest
on all amounts owed at the highest annual rate permitted by law, or 12%, whichever interest rate is
lower. The lien so claimed shall attach from the date of recordation and may be enforced in any
judicial proceedings allowed by law, including a suit in the nature of a suit to foreclose a
mortgageldeed of trust or mechanic's lien, however, such lien shall be subject and subordinate to
any mortgage or deed of trust recorded prior to the claim of lien.
5. Modification of Parking Layout. Unless required by any applicable governmental
authorities, Adjacent Owner shall not modify the parking or drive aisle configuration on the
portion of the Adjacent Tracts adjacent to the Access Easement Area without the consent of
Target, which consent shall not be unreasonably withheld, conditioned or delayed.
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5. Insurance. Target shall at all times maintain in full force and effect comprehensive
public liability insurance covering the Access Easement Area with a financially responsible
insurance company or companies; such insurance to provide for a limit of not less than three Million
Dollars ($3,000,000.00) for personal or bodily injury or death to any one person, for a limit of not
less than Five Million Dollars($5,000,000.00) for personal or bodily injury or death to a number of
persons arising out of any one occurrence, and for a limit of not less than One Million Dollars
($1,000,000.00) for any instance of property damage. Such insurance shall name Adjacent Owner
as an additional insured with respect to matters relating solely to the Access Easement Area. The
insurance may be carried under (i) an individual policy, (ii) a blanket policy or policies which
include other liabilities, properties and locations of such party, (iii) a plan of self-insurance,
provided that Target has and maintains $40,000,000.00 or more of net current assets as evidenced
by its annual report that is audited by an independent certified public accountant, or (iv) a
combination of any of the foregoing insurance programs. Adjacent Owner hereby releases and
waives for itself, and each person claiming by, through or under it, Target from any liability for
any loss or damage, to all property located upon any portion of the Access Easement Area, which
loss or damage is of the type covered by the insurance required to be maintained under this
Section, irrespective of(i) any negligence on the part of Target which may have contributed to or
caused such loss, or(ii)the amount of such insurance required or actually carried, including any
deductible or self insurance reserve.
It is expressly understood and agreed that each party does not assume any liability for the
negligent acts of any other party, its agents, servants, successors and assigns as it relates to use,
operation and/or maintenance of the Access Easement Area. Any party found responsible for any
property damage or bodily injury relating to the easements granted herein by any court of competent
jurisdiction shall indemnify,protect and hold harmless each other party from and against all losses,
damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature
resulting from such damage or injury. The indemnities and assumptions of liabilities and
obligations herein provided for shall continue in full force and effect notwithstanding the
termination of this Agreement,whether by expiration of time,by operation of law,or otherwise.
7. Operation of Adjacent Tracts.
A. Adjacent Owner shall not erect or alter any building or coirunence any site
improvements or alterations to the Adjacent Tracts until Target has issued its written approval of the
final exterior design plans for such building (including elevations for all exposed sides of the
building, color scheme and materials) and of the site plan showing the finished grades, drainage
scheme, location of such building, all site improvements and other related or supportive facilities
(including landscaping, parking lot layout with parking ratios, and exterior signing). Target's
approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that the
following provisions must be satisfied on the Adjacent Tracts at all times:
(i) No building height shall exceed twenty-three feet (23') above the finished floor
elevation (including any screening, parapet, penthouse, mechanical equipment or similar
appurtenance located on the roof of such building), nor contain more than one story,
provided,however,that features may be constructed on a storefront side of each building not
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to exceed twenty-seven feet (27') above finished floor elevation and more than twenty-five
percent(25%)of the lineal frontage of the side of such building.
(ii) No building shall be constructed, positioned, or placed within five (5) feet of the
boundary line of the Target Tract.
(iii) The total gross building area of all improvements on the Adjacent Tracts (including
all floors,basements and mezzanines)shall not exceed five thousand (16,000) square feet.
(iv) All mechanical equipment (whether mounted upon the roof or on the ground) and
any trash area shall be screened.
(v) All utility lines and systems shall be placed underground whenever possible.
(vi) Each of Outparcel l and Outparcel 2 shall contain sufficient ground level, standard
automobile size,parking spaces,without reliance on parking spaces that may be available on
other land, in order to comply with the greater of governmental requirements or the
following minimum requirements:
(a) Four and one half(4.5)parking spaces for each one thousand (1,000) square
feet (plus excess portion thereof) of floor area, plus any Restaurant (defined below)
parking requirements set forth below; provided, however, that compact car parking
spaces, which may not exceed ten percent (10%) of total parking spaces, shall be
located only in the areas, if any, designated on Exhibit G attached hereto.
(b) If a business use contains a drive-up unit (such as remote banking teller or
food ordering/dispensing facility), then there shall also be created space for stacking
not less than five(5.0)automobiles for each drive-up unit.
(c) For each Restaurant (except Quick Service Restaurants), five and one half
(5.5) additional parking spaces for each one thousand (1,000) square feet (plus
excess portion thereof) of floor area devoted to such use. As used herein
"Restaurant" means any operation or business which requires a governmental
permit, license and/or authorization to prepare and/or serve food for either on or off
premises consumption. As used herein "Quick Serve Restaurant" means any
Restaurant that contains less than three thousand five hundred (3,540) square feet
of floor area and whose business is primarily devoted to quick serve (i.e., counter
service) without table service or wait staff(but may include tables for customer
seating without table service).
(vii) No freestanding identification/logo sign (pylon, monument or otherwise) shall be
permitted upon the Adjacent Tracts;and
(viii) None of the following shall be permitted outside of(or that can be seen froth outside
of) any building located upon the Adjacent Tracts: flashing lights or spot lights; pennants or
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banners (excluding "Grand Opening" banners, which may be displayed for up to three (3)
weeks on the Adjacent Tracts at its initial opening for business); or loud speakers.
Development on the Adjacent Tracts must not (1) require the building on the Target Tract to be
modified in order to address building code fire resistance requirements, nor (2) negatively impact
any governmental requirements,conditions,or variances associated with the Target Tract.
Target shall have thirty (30) days after receipt of such plans for review. If Target shall take no
action within said thirty (30)day period, the plans shall be deemed approved if the approval request
prominently stated in capitalized letters that failure to respond within such thirty (30) day period
will be deemed an approval.
B. Delivery vehicles shall not be permitted to park overnight on the Adjacent Tracts.
C. Adjacent Owner shall maintain the exterior of all buildings and the grounds in first
class, good condition and repair and, at a minimum, the same or better condition than the buildings
and grounds located on the Target Tract. Adjacent Owner shall maintain adequate ground cover on
all portions of the Adjacent Tracts in an appropriate and satisfactory appearance until development.
If Adjacent Owner fails to perform such maintenance within thirty (30) days after written notice
from Target, Target or its agent or assigns may enter the Adjacent Tracts and perform such
maintenance, whereupon all expenses associated with such maintenance shall be paid by Adjacent
Owner upon Target's demand.
D. Adjacent Owner may place building signage on up to four (4) side(s) of each
building erected on each Outparcel.
E, No exterior building sign on the Adjacent Tracts shall be:
(i) Placed on canopy roofs extending above the roof, placed on penthouse walls, or
placed so as to project above the parapet, canopy, or top of the wall upon which it is
mounted.
(ii) Placed at any angle to the building; provided, however, the foregoing shall not apply
to any sign located under a sidewalk canopy if such sign is at least eight (8) feet above the
sidewalk.
(iii) Painted on the surface of any building.
(iv) Flashing,moving or audible.
(v) Made utilizing(a) exposed neon tubes, (b)exposed LEDs (light emitting diodes), (c)
exposed ballast boxes, (d) exposed transformers, or (e) exposed raceways unless such
exposed raceways comply with the all of the following requirements: (1) the raceways shall
not exceed eight inches (8") in depth and/or twelve (12") in height; (2) the color of the
raceways are the same color as the materials upon which such raceways are located; (3) all
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transformers are remote mounted behind the building fascia; and (4) the letters to be
installed on the raceways do not exceed a height of thirty-six inches(36").
(vi) Made of paper or cardboard, or temporary in nature (exclusive of contractor or
"Grand Opening" signs and signs announcing "for lease of"for sale"), or be a sticker or
decal; provided., however, the foregoing shall not prohibit the placement at the entrance of
each occupant's space of a small sticker or decal indicating hours of business, emergency
telephone numbers, acceptance of credit cards, and other similar items of infori-nation.
F. No exterior construction work on the Adjacent Tracts shall occur during the months
of October,November, December and January.
G. The name "Target", "Greatland", "SuperTarget" or any variation using the name
"Target" or `'Greatland" shall not be used to identify any business or trade conducted upon the
Adjacent Tracts.
H. Adjacent Owner may use the Adjacent Tracts only for the initial operation of an
approximately 9,200 square foot multi-tenant building to include a Dickey's BBQ Ribs and Jersey
Mike's Sandwich Shop on Outparcel 1 and a Krispy Kreme donut shop with drive thru on Outparcel
2, and thereafter for any lawful retail and/or business office purpose consistent with the operation of
a first class retail shopping center; provided however, that in no event shall the Adjacent Tracts be
used for any of the following purposes:
(i) Any use which emits an obnoxious odor, noise or sound that can be heard or
smelled outside of any building.
(ii) Any operation primarily used as a storage warehouse operation, and any
assembling, manufacturing, distilling, refining, smelting, agricultural or mining
operation.
(iii) Any "second hand" store, "surplus" store, or pawn shop.
(iv) Any mobile home park, trailer court, labor camp, junkyard, or stockyard;
provided, however, this prohibition is not applicable to the temporary use of construction
trailers during periods of construction, reconstruction or maintenance.
(v) Any dumping, disposing, incineration or reduction of garbage; provided,
however, this prohibition is not applicable to garbage compactors located near the rear of
any building.
.(vi) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house
operation.
(vii) Any central laundry, dry cleaning plant or laundromat; provided, however, this
prohibition is not applicable to nominal supportive facilities for ori-site service oriented to
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pickup and delivery by the ultimate consumer as the same may be found in retail
shopping centers in the metropolitan area where the Adjacent Tracts is located.
(viii) Any (a) automobile, truck, trailer or recreational vehicle sales, leasing, or display
operation, (b) car wash or(c)body shop repair operation.
(ix) Any bowling alley or skating rink.
(x) Any movie theater or live performance theater.
(xi) Any hotel, motel, short or long tenn residential use, including: single family
dwellings, townhouses, condominiums, other multi-family units, and other forms of
living quarters, sleeping apartments or lodging rooms.
(xii) Any veterinary hospital or animal raising or boarding facility.
(xiii) Any mortuary or funeral home.
(xiv) Any establishment selling or exhibiting, "obscene"material.
(xv) Any establishment selling or exhibiting illicit drugs or related paraphernalia.
(xvi) Any establishment which exhibits either live or by other means to any degree,
nude or partially clothed dancers or wait staff. In addition, no- use is permitted that
requires personnel to wear a uniform that a reasonable person would consider to be
sexually provocative (e.g., so-called hot pants and short shorts, shorts not covering the
entire buttocks, short skirts, tight-fitting or otherwise revealing tank tops or halter tops).
(xvii) Any bar, tavern, restaurant or other establishment whose reasonably projected
annual gross revenues from the sale of alcoholic beverages for on-premises consumption
exceeds thirty percent (30'%)of the gross revenues of such business.
(xviii) Any massage parlor or similar establishment other than a spa operated under the
trade name "Massage Envy" solely in the manner such "Massage Envy" businesses are
operated on the date of this Agreement in California.
(xix) Any health spa, fitness center or workout facility.
(xx) Any flea market, amusement or video arcade, pool or billiard hall or dance mall.
(xxi) Any training or educational facility, including: beauty schools, barber colleges,
reading rooms, places of instruction or other operations catering primarily to students or
trainees rather than to customers; provided, however, this prohibition is not applicable to
on-site employee training incidental to the conduct of its business on the Adjacent Tracts.
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(xxii) Any gambling facility or operation, including: off-track or sports betting parlor;
table games such as blackjack or poker; slot machines, video pokerlblackjacklkeno
machines or� similar devices; or bingo hall. Notwithstanding the foregoing, this
prohibition is not applicable to government sponsored gambling activities or charitable
gambling activities, so long; as such activities are incidental to the business operation
being conducted.
(xxiii) Any firearms testing or firing range, or the sale or display of any type of firearms
or ammunition, except that a sporting goods retailer may sell and display firearms and
ammunition as an incidental part of its business.
(xxiv) Any toy store exceeding five thousand (5,000) square feet of floor area.
(xxv) Any store, department or operation of any size selling or offering for sale any
pharmaceutical drugs requiring the services of a licensed pharmacist.
(xxvi) Any pet shop.
(xxvii) Any gas station and/or other facility that dispenses gasoline, diesel or other
petroleum products as fuel.
(xxviii)Any (a) automotive service/repair station, or (b) any facility that both sells and
installs any lubricants, tires, batteries, transmissions, brake shoes or any other similar
vehicle accessories.
(xxix) Any operation offering the sale of alcoholic beverages for off-premises
consumption.
(xxx) Any grocery store, supermarket, convenience store or other store, or department
within a store, for the sale of food and/or beverages. Restaurants are not prohibited on
the basis of this subsection.
(xxxi) Any `'dollar" (or any increment of a dollar) store or other similar variety discount
type store.
(xxxii) Any department store, discount department store or junior department store.
(xxxiii)Any Membership Wholesale Club,as defined below. "Membership Wholesale
Club" means a general merchandise store that sells merchandise in bulk and limits sales
to individuals,businesses, or organizations who have purchased a membership in order to
shop at the store.
(xxxiv)Any lockers, lock-boxes or other type of storage system that is used to receive or
store merchandise from a catalog or online retailer.
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(xxxv) Any store, or department within a store, operated as a fulfillment center in
connection with receiving, storing or distributing merchandise from a catalog or online
retailer.
I. Target and Adjacent Owner understand and agree that the covenants, agreements
and restrictions described in this Section 7 shall continue notwithstanding the expiration or
termination of any other rights or obligations under this Agreement. The covenants, agreements
and restrictions of this Section 7 shall run with the land and burden the Adjacent Tracts for the
benefit of the Target Tract.
J. Target has approved the initial development of the Adjacent Tracts as shown on
Exhibit C.
8. Drainage Easement. Target and Adjacent Owner each hereby grants and conveys
to the other the perpetual right and easement to discharge surface storm water drainage and/or
runoff from the grantee's property over, upon and across the common areas of the grantor's
property and through underground drainage facilities on the grantor's property existing on the
date of this Agreement. Target and Adjacent Owner each hereby agree that it shall not (a) alter
or permit to be altered the surface of the common area or the drainage/retention system
constructed on its property if such alteration would materially increase the velocity, volume or
flow of surface water onto the other party's property either in the aggregate or by directing the
flow of surface water to a limited area or (b) alter or permit to be altered the underground
drainage facilities on its property without the consent of the other party, such consent not to be
unreasonably withheld. Target and Adjacent Owner shall each keep the storm water drainage
facilities on its property in good condition and repair at all times.
9. Utility Line Easements.
A. Target hereby grants to Adjacent Owner anon-exclusive perpetual easement for
the installation, maintenance, replacement and operation of an underground sanitary sewer line
and an underground water line serving the Adjacent Tracts (such lines collectively, the "Utility
Facilities") under the area identified on Exhibit C, attached hereto and made a part hereof
("Utility Line Easement Areas"). Such easement does not include any right to tap-in or use any
utility lines serving the Target Tract.
B. Target hereby reserves and retains all other property rights in and to the Utility
Line Easement Areas, including without limitation, the rights to (a) use the Utility Line
Easement Areas for any purpose whatsoever, so long as such use does not substantially and
unreasonably interfere with Adjacent Owner's rights hereunder (it being expressly understood
that the use of the surface of the Utility Line Easement Areas for vehicular traffic, pedestrian
traffic, landscaping, parking and/or signage shall be deemed not to substantially interfere with
Adjacent Owner's rights hereunder) and (b) locate electric, gas and water lines and other utilities
in the Utility Line Easement Areas, so long as such improvements do not substantially and
unreasonably interfere with Adjacent Owner's permitted use of the Utility Line Easement Areas.
Target further reserves and retains the right from time to time, in Target's sole discretion, to
cause Adjacent Owner to relocate any of the Utility Facilities at Target's expense, it being
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understood that if such relocation is to a place outside of the Utility Line Easement Areas,
Adjacent Owner shall execute and deliver to Target, promptly upon request, an amendment to
this instrument setting forth the revised Utility Line Easement Areas.
C. Conduct of Work and Notification. Any installation, maintenance, replacement,
repair and/or removal of the Utility Facilities shall be performed (i) at Adjacent Owner's sole
cost and expense, (ii) during months other than November, December or January (except in the
event of an emergency), (iii) after thirty (30) days' notice to the Target (except that in an
emergency the work may be initiated after reasonable notice), (iv) after normal business hours
(except in the event of an emergency) and (v) with adequate provision for the safety and
convenience of all persons using the surface of such areas. In addition, Adjacent Owner shall
promptly pay all costs and expenses associated with said work and diligently complete such
work as quickly as possible.
D. Use; Maintenance. Any use of the Utility Line Easement Areas shall be
performed with care and in such manner as to cause the least interference with the surface of the
Utility Line Easement Areas and with the use and enjoyment thereof by Target and others
lawfully present thereon. Adjacent Owner shall maintain the Utility Facilities in a good and safe
condition, and Adjacent Owner shall install, maintain, operate, repair, replace and remove the
Utility Facilities in compliance with all applicable governmental rules, regulations and
requirements. Adjacent Owner agrees to obtain at its sole cost and expense, before using the
Utility Line Easement Areas for the purpose permitted hereunder, such permits, licenses or other
authority as may be required from Federal, State,County, City or other governmental agencies or
units exercising jurisdiction over the installation and operation of the Utility Facilities, and
Adjacent Owner further agrees to comply with and strictly observe any and all laws, ordinances,
rules, regulations, codes and orders of any such governmental agency or unit. The Utility
Facilities placed in the Utility Line Easement Areas shall be buried to a depth not less than 30
inches below the existing surface, and Adjacent Owner shall cause the backfill to be compacted
in layers to avoid settling, voids and/or air pockets. Adjacent Owner assumes the risk that
vehicles using the surface of the Utility Line Easement Areas may damage the Utility Facilities if
the same are not adequately protected.
E. Restoration by Adjacent Owner; Removal of Utility Facilities. If the surface of
the Target Tract or any portion thereof, or any landscaping, curbing, pavement or other
improvements thereon, shall be disturbed by installation, operation, maintenance, replacement or
removal activities or other activities performed by or on behalf of Adjacent Owner in connection
with the use of the Utility Line Easement Areas, said surface and improvements shall be
promptly restored by Adjacent Owner to their condition just prior to such disturbance.
Immediately following the performance of work by or on behalf of Adjacent Owner, Adjacent
Owner shall remove from the Utility Line Easement Areas and surrounding land all equipment,
materials and debris resulting from or used in connection with such work.
F. Target's Right to Maintain and Restore. In the event that Adjacent Owner shall
fail to comply with its maintenance and/or restoration obligations,as set forth herein, for a period
of thirty (30) days after receipt of notice from Target (except in the case of emergency, in which
case no notice shall be required for Target to act), Target may, but shall not be obligated to, carry
1636175v5 10
out Adjacent Owner's maintenance and/or restoration obligations, and Adjacent Owner shall
reimburse Target for the costs expended by Target in connection therewith, plus a ten percent
(10%) administration fee, within ten (10) business days after receipt of an invoice from Target
therefor. If Adjacent Owner fails to pay to Target such amounts within sixty(60) days after receipt
of the invoice, Target shall have a lien against such Outparcel(s) for such amounts, plus all costs
incurred by Target relating to such failure (including collection costs, attorneys' fees and
administrative costs), and plus interest on all amounts owed at the highest annual rate permitted by
law, or 12%, whichever interest rate is lower. The lien so claimed shall attach from the date of
recordation and may be enforced in any judicial proceedings allowed by law, including a suit in
the nature of a suit to foreclose a mortgage/deed of trust or mechanic's lien, however, such lien
shall be subject and subordinate to any mortgage or deed of trust recorded prior to the claim of
lien.
G. Normal and Reasonable Use by Target. Target, its successors and assigns and
persons occupying or lawfully present on the Utility Line Easement Areas shall not be liable for
damage,if any, which may be caused by normal and reasonable use of, or vehicular or pedestrian
traffic over, the Utility Line Easement Areas. Such normal and reasonable use may include the
landscaping or parking of vehicles on the Utility Line Easement Areas and installation, operation
and maintenance of standard parking lot improvements including paving, bumper curbs, light
standards, striping and landscaping.
H. Prohibition Against_Liens. Adjacent Owner shall not permit any mechanics',
materialmen's or other liens to be filed against the Target Tract or any part thereof for work or
materials furnished Adjacent Owner in connection with the use of the Utility Line Easement
Areas, and Adjacent Owner agrees to indemnify, defend and hold Target harmless from and
against the same.
1. No Representations or Warranties,• Subiect to Encumbrances. Adjacent Owner
agrees that it is accepting the easements granted in this Section 9 without any warranty or
representation regarding the easements or the Utility Line Easement Areas, and subject to all
valid and existing licenses, leases, grants, exceptions, encumbrances, title defects, matters of
record,reservations and conditions affecting the Target Tract and/or affecting access thereto.
J. Condemnation. Adjacent Owner shall not claim or declare any fee interest in and
to the Utility Line Easement Areas, and in the event of eminent domain proceedings or
settlement pursuant thereto, Adjacent Owner shall make no claim against the award or
compensation accruing out of or resulting from such event, save and except any payment made
to Adjacent Owner for damage to the Utility Facilities or with respect to removing or relocating
the same.
K. Taxes. Adjacent Owner agrees to assume and pay all taxes, assessments and
other charges, if any, which may be levied, assessed or asserted against the Utility Facilities and,
if the same are not separately billed, agrees to promptly reimburse Target for any such taxes,
assessments or other charges which may have been paid in whole or in part by Target.
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L. Indemnity. Adjacent Owner shall defend, indemnify and hold hannless Target,
and their successors, assil�ms and legal representatives, from and against any and all liability,
claims, liens, loss, attorney's fees, expense and judgments of every kind whatsoever by
whomsoever asserted hereafter on account of claims, liens, debts, and any damage or physical
injury to property, personal injuries to or death of persons, including, without limitation by
enumeration, all claims or damages of every character occurring in any way incident to, resulting
from,arising out of or in any way connected with Adjacent Owner's occupation, use, possession,
conduct in and upon the Utility Line Easement Areas. The indemnity obligations set forth in
Section 9M. shall survive any termination of the easements granted in this Section 9.
M. Insurance. Adjacent Owner agrees to maintain at all times adequate commercial
general liability insurance with respect to the Utility Line Easement Areas and the use and
occupancy thereof (in an amount not less than $1,000,000.00 per occurrence), specifically
including coverage against claims for bodily injury, death and property damage occurring on or
about the Utility Line Easement Areas and contractual coverage with respect to the indemnity
obligations set forth in this Agreement. Adjacent Owner shall fumish Target with evidence of
such coverage before commencing any use or occupancy of the Utility Line Easement Areas, and
upon request from time to time thereafter.
10. Shopping Center Signage.
(A) Adjacent Owner will not be entitled to a panel on any existing multi-panel
shopping center signage.
(B) Notwithstanding (A) above, if Target elects, in its sole and absolute discretion, to
construct a new freestanding multi-panel monument sign on the Target Tract within five (5)
years of the date of this Agreement that contains identification panel space for occupants in
addition to Target and the occupant of the space currently occupied by Smart and Final ("New
Monument Sign"), then Target shall provide to Adjacent Owner prior to commencement of
construction of the New Monument Sign ("Construction Notice") a depiction of the New
Monument Sign designating identification panel areas that may be used by occupants of the
Adjacent Tracts,the estimated total design, permitting and construction costs associated with the
New Monument Sign ("Sign Development Costs") and Adjacent Owner's pro-rata share of the
Sign Development Costs, based on the ratio the total area of identification panel space allocated
to Adjacent Owner bears to the total area of identification panel space on the Shared Monument
Sign ("Adjacent Owner Contribution'). If Adjacent Owner desires to install and maintain
identification panels on the New Monument Sign identifying occupants of the Adjacent Tracts in
the designated areas, Adjacent Owner shall provide notice of such election to Target within thirty
(30) days of receipt of the Construction Notice ("Panel Notice") along with payment of the
Adjacent Owner Contribution to Target.
(C) if Adjacent Owner provides the Panel Notice and makes the Adjacent Owner
Contribution in compliance with (B) above, then (i) Adjacent Owner may attach identification
panels in the areas indicated in the Construction Notice identifying occupants of the Adjacent Tracts
j for so long as the New Monument Sign exists, (ii)once constructed, Target shall maintain the sign
structure of the New Monument Sign in good condition and repair, which obligation shall not
I636175v5 12
i
include replacement, (iii) after installation, Adjacent Owner shall maintain the identification panels
allocated to it on the New Monument Sign in good condition and repair, at its sole cost and expense
and (iv) Adjacent Owner shall pay an annual fee to Target of$254 for each identification panel area
on the New Monument Signs allocated to it ("Sign Maintenance Payment") as reimbursement for
sign maintenance expenses incurred by Target, payable in advance on each January 1 after
completion of the New Monument Sign. If the Sigrn Maintenance Payment is not made to Target by
February 1 of any year,then Adjacent Owner's right to install and maintain identification panels on
the New Monument Sign shall automatically terminate and Target may remove all identification
panels from areas formerly allocated to Adjacent Owner.
11. Adjacent Owner Grant of Easements. Adjacent Owner hereby grants to Target
non-exclusive perpetual easements in, to,over, under, along and across the Adjacent Tracts for
the installation,operation, flow, passage, use, maintenance and replacement of existing utility
lines serving the Target Tract.
12. Perimeter Landscaping Maintenance. If the landscaping in the area identified as
"Perimeter Landscaping Area" on Exhibit -C is not kept in a live, thriving, first-class state of
condition and repair, Target may elect to take over and maintain such landscaping. If Target so
elects to take over such maintenance, (a) Adjacent Owner hereby grants and conveys to Target a
non-exclusive easement for the right and privilege to install, operate, maintain, repair, remove
and replace the landscaping within the area identified as "Perimeter Landscaping Area" on
Exhibit C, including reasonable access over, across and upon the portions of the Adjacent Tracts
necessary to exercise the foregoing rights and (b) Adjacent Owner shall annually reimburse
Target for the reasonable cost of such maintenance and repair upon receipt of an invoice from
Target therefor.
13. Term. The term of this Agreement shall commence on the date of this Agreement
and continue for a period of sixty(50) years,provided,however, that the easements referred to in
Section 2, 8, 4 and I 1 hereof shall be perpetual and shaII continue in full force and effect past
such date.
14. Binding Effect. The easements, covenants and conditions in this Agreement shall
run with the land and shall be binding upon and inure to the benefit of the parties hereto and their
successors and assigns. This Agreement may be terminated or modified only by written
agreement between Target and Adjacent Owner, subject to any limitations which may be
contained within that certain Supplemental Agreement among Target, Adjacent Owner and the
City of Fresno of even date herewith. If there is a conflict between this Agreement and the
Supplemental Agreement executed and delivered concurrently herewith, the provisions of the
Supplemental Agreement shall prevail. -
15. Entire Agreement. This Agreement contains the entire understanding and
agreement between the parties hereto and supersedes any prior written or oral agreements
between them respecting the subject matter contained herein. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Agreement except as set forth in the Supplemental
Agreement, executed and delivered concurrently herewith. If there is a conflict between this
16361750 13
Agreement and the Supplemental Agreement, the provisions of the Supplemental Agreement
shall prevail.
15. Severability. If any term, provision, covenant or condition of this Agreement shall
be or become invalid, illegal or unenforceable in any respect under any applicable law, the
validity, legality and enforceability of the remaining provisions (or the application of such term,
provision, covenant or condition to persons or circumstances other than those in respect of which
it is invalid or unenforceable), except those terms, provisions, covenants or conditions which are
made subject to or conditioned upon such invalid or unenforceable term, provision, covenant or
condition, shall not be affected thereby, and each other term, provision, covenant and condition
of this Agreement, unless conditioned upon such invalid or unenforceable term, provision,
covenant or condition, shall be valid and enforceable to the fullest extent permitted by law.
17. Condemnation. In the event of a condemnation of any portion of the Access
Easement Area or other governmental closure of a curb cut between the Access Easement Area and
any public street (whether permanent or otherwise), Target shall be entitled to the entire award or
purchase price paid for such "taking". Adjacent Owner hereby releases and waives any right to
receive or claim any portion of such award or purchase price paid for such "taking", provided,
however, Adjacent Owner shall have the right to make a claim for the loss of its easement rights to
the extent such claim does not reduce or diminish the amount payable to Target as owner of the
Target Tract.
18. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the Target Tract to the general public, or for any public use or purpose
whatsoever. Except as herein specifically provided, no right, privileges or immunities of any party
hereto shall inure to the benefit of any third-party, nor shall any third-party person be deemed to be
a beneficiary of any of the provisions contained herein.
19. Governing Law.This Agreement and the rights and obligations hereunder of the
parties hereto shall be governed by the laws of the State of California.
24. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed effective when actually received or refused by the
recipient if sent by overnight delivery service which maintains a record of delivery made or
certified or registered mail, postage prepaid, return receipt requested, and sent to the parties at
their address as set forth below or to such other address as the parties may designate by written
notice in the above manner.
If to Target: Target Corporation
Property Development
1446 Nicollet Mall, TPN-12H
Minneapolis, MN 55443
Attn: Real Estate Portfolio Management (T-1417 Fresno,CA)
I636175v5 14
If to Adjacent Owner: David Paynter
Blackstone R Bullard, L.P.
c/o Paynter Realty Investments, Inc.
17671 Irvine Blvd. Suite 204
Tustin,CA 92680
with a copy to: Robert K.Hillison, Esq.
Caswell Bell &Hillison LLP
5200 North Palm Ave., Suite 211
Fresno, CA 93704-2225
21. Counter parts: Headings. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original and all of which, collectively, shall be
deemed one and the same instrument. The headings herein are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope or intent of this
document nor in any way affect the terms and provisions hereof.
22. Estoppel Certificates. Each party agrees that upon written request (which shall
not be more frequent than three (3) times during any calendar year) of any other party it will
issue within thirty (30) days after receipt of such request to such party, or its prospective
mortgagee or successor, an estoppel certificate stating to the best of the issuer's knowledge as of
such date:
A. Whether it knows of any default under this Agreement by the requesting party,
and if there are known defaults, specifying the nature thereof in reasonable detail.
B. Whether this Agreement has been assigned, modified or amended in any way by it
and if so, then stating the nature thereof in reasonable detail.
C. Whether this Agreement is in full force and effect.
Such estoppel certificate shall act to estop the issuer from asserting a claim or defense against a
bona fide encumbrancer or purchaser for value to the extent that such claim or defense is based
upon facts known to the issuer as of the date of the estoppel certificate which are contrary to the
facts contained therein, and such bona fide purchaser or encumbrancer has acted in reasonable
reliance upon such estoppel certificate without knowledge of facts to the contrary. The issuance
of an estoppel certificate shall in no event subject the issuer to any liability for the negligent or
inadvertent failure of the issuer to disclose convect and/or relevant information, nor shall such
issuance be construed to waive any rights of the issuer to challenge acts committed by another
party for which approval by a party was required but not sought or obtained.
[SIGNATURES FOLLOW]
1636175v5 15
SIGNATURE PAGE
TO
ACCESS AND UTILITY EASEMENT
AND
RESTRICTION AGREEMENT
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
"TARGET"
TARGET CORPORATION,
a Minnesota corporation
By., f
Name: I„ar,riP Mahowald
Its: Vice President
Target Corporation
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
On 24 �2D before nje, �e DSL Fjr&DV a, Notary Public,
personally app red �,[IAld , who proved to me on the basis of
satisfactory evidence to be the person whose name(;} islarr subscribed to the within
instrument and acknowledged to me at Vsheftbfy executed the same in 9slherltVir
authorized capacity(i ), and that by h' /herltlVir signature( on the instrument the person, or
the entity upon behal of which the p son(A 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.
NATALIE RDSE FREEMAN
�.
NOTARY PUB{X-MINNESOTA
Signature ,� . W EVhn Jan.31,20 IS
15361755 16
SIGNATURE PAGE
TO
ACCESS AND UTILITY EASEMENT
AND
RESTRICTION AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above writtcn.
BLACKSTONE & BULLARD, L.P.,
a California limited partnership
Y:
Cr
Title: �. fpr,
STATE OF }
} ss.
COUNTY OF }
On before me, Notary Public,
personally appeared o proved to me on the basis of
satisfactory evidence to be the person(s) se n (s) is/are subscribed to the within
instrument and acknowledged to me that s ey executed the same in his/her/their
authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or
the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF P JURY under the laws of the State of California that the
foregoing;paragraph is true an orrect.
WITNESS my hand and official seal.
Signature
16361750 17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document.
State of Cal!f.9nnia )
County of ]
O before me, f C- MAe DU 10 1 1
Date Here Insert Name anb True of t e fficer
personally appeared I
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons} whose names) is/ara
subscribed to the within instrument and acknowledged to me that helshe#heq-tmecuted the same in
hislherfthreir authorized capacity(ies), and that by his/herAheifi signature(s)on the instrument the persons),
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.
CAM$0. STINE
"- Commission # 1973541
a ..—� Notary Public - Calitvrnia a ■Ut
Z 4•�• � orange County ' Signature
My Comm.Expires Apr 26,2016+ 5ignafure of NotaryPublic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
J Partner — P Limited Ll General ❑ Partner — ❑Limited J General
�] Individual C Attorney in Fact ❑ Individual I:l Attorney in Fact
❑ Trustee C+Guardian or Conservator Cl Trustee EJ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
@2014 National Notary Association • www.NationalNotary.org • 1-80-0-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT A
LEGAL DESCRIPTION DE TARGET TRACT
PARCEL A
THAT PORTION OF PARCEL'S'OF PARCEL MAP 84-20, IN THE CITY OF FRESNO, COUNTY OF FRESNO,
STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 42, PAGES 71 AND 72 OF
PARCEL MAPS, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS.-
BEGINNING
OLLOWS.BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL'B';
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL'B', BEING ALSO THE EASTERLY RIGHT-OF-WAY
LINE OF NORTH BLACKSTONE AVENUE, NORTH 00°47'15" EAST 67.90 FEET;
THENCE LEAVING SAID WESTERLY LINE NORTH 89"58'42" EAST 190.23 FEET;
THENCE NORTH 00°41'35" WEST 189.91 FEET;
THENCE SOUTH 89"58'43"WEST 187.53 FEET TO SAID WESTERLY LINE;
THENCE NORTH 00°47'15" EAST 113.21 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PORTION
OF LAND CONVEYED TO THE CITY OF FRESNO IN DEED RECORDED OCTOBER 12, 2006 AS INSTRUMENT
NO.2006-0217869, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID LAND SOUTH 89°12'45" EAST 9.50 FEET;
THENCE NORTH 00°47'15" EAST 27.27 FEET;
THENCE NORTH 44012'45" WEST 3.54 FEET;
THENCE NORTH 00*47'15" EAST 14.61 FEET;
THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 89"58'42" EAST 59.48 FEET;
THENCE NORTH 00'01'18" WEST 7.62 FEET;
THENCE!NORTH 89°58'42" EAST 118.81 FEET;
THENCE NORTH 00°01'35"WEST 217.02 FEET;
THENCE SOUTH 89°58'42"WEST 172.10 FEET TO THE SAID EASTERLY BOUNDARY;
THENCE ALONG SAID EASTERLY BOUNDARY NORTH 00°47'15" EAST 35.00 FEET TO THE NORTHERLY
BOUNDARY OF SAID PARCEL'S';
THENCE ALONG SAID NORTHERLY BOUNDARY WORTH 89°58'42"EAST 170.24 FEET;
1
THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY NORTH 00°47'15" EAST 125.01 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF EAST BULLARD AVENUE,100 FEET WIDE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°58'42" EAST 35.00 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE,ALONG SAID NORTHERLY BOUNDARY SOUTH
00°47'7.5"WEST 125.01 FEET;
THENCE NORTH 89"58'42" EAST 245.02 FEET;
THENCE NORTH 00°47'15" EAST 125.01 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID NORTHERLY BOUNDARY NORTH
89`58'42" EAST 415.97 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL'B'SOUTH 00"47'16"WEST 800.00 FEET TO THE
SOUTH EAST CO RN E R TH E REOF;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL'B'SOUTH 89°58'42" WEST 880.23 FEET TO THE
POINT OF BEGINNING.
CONTAINING 574,000 SQUARE FEET, MORE OR LESS.
EXHIBIT B
LEGAL DESCRIPTION OUTPARCEL 1
PARCEL B
THAT PORTION OF PARCEL'B' OF PARCEL MAP 84-20, IN THE CITY OF FRESNO, COUNTY OF FRESNO,
STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF RECORDED IN BOOK42, PAGES 71 AND 72 OF
PARCEL MAPS, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL'S'DISTANT THEREON NORTH
00'47'15" EAST 371.03 FEET FROM THE SOUTHWEST CORNER THEREOF,SAID POINT BEING ALSO THE
SOUTHWEST CORNER OF THAT CERTAIN PORTION OF LAID CONVEYED TO THE CITY OF FRESNO IN DEED
RECORDED OCTOBER 12, 2006 AS INSTRUMENT NO. 2006-0217869,OFFICIAL RECORDS OF SAID
COUNTY; -
THENCE ALONG THE EASTERLY BOUNDARY OF SAID LAND SOUTH 89"12'45" EAST 9.50 FEET;
THENCE NORTH 00°47'15" EAST 27.27 FEET;
THENCE NORTH 44'12'45" WEST 3.54 FEET;
THENCE NORTH 00°47'15" EAST 14.61 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 89°58'42" EAST 59.48 FEET;
THENCE NORTH 00'01'18"WEST 7.62 FEET;
THENCE NORTH 89'58'42" EAST 118.81 FEET;
THENCE NORTH 00'01'35" WEST 217.02 FEET;
THENCE SOUTH 89°58'42"WEST 172.10 FEET TO THE SAID EASTERLY BOUNDARY;
THENCE ALONG SAID EASTERLY BOUNDARY SOUTH 00°47'15" WEST 1.64 FEET;
THENCE SOUTH 50"58'55" WEST 3.91 FEET;
THENCE SOUTH 00047'15" WEST 158.58 FEET;
THENCE SOUTH 44`12'45" EAST 7.07 FEET;
THENCE SOUTH 00°47'15" WEST 34.00 FEET;
THENCE SOUTH 45'47'15" WEST 7.07 FEET;
i
THENCE SOUTH 00`47'15"WEST 17.99 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 38,584 SQUARE FEET, MORE OR LESS,
LEGAL DESCRIPTION OUTPARCEL 2
PARCEL C
THAT PORTION OF PARCEL'B'OF PARCEL MAP 84-20, IN THE CITY OF FRESNO,COUNTY OF FRESNO,
STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 42, PAGES 71 AND 72 OF
PARCEL MAPS, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE WESTERLY LINE OF SAID PARCEL 'B' DISTANT THEREON NORTH
00"47'15" EAST 67.90 FEET FROM THE SOUTHWEST CORN ER THEREOF;
THENCE LEAVING SAID WESTERLY LINE NORTH 89'58'42" EAST 190.23 FEET;
THENCE NORTH 00"01'35"WEST 189.91 FEET;
THENCE SOUTH 89"58'43" WEST 187.53 FEET TO SAID WESTERLY LINE;
THENCE ALONG SAID WESTERLY LINE SOUTH 00°47'15"WEST 189.92 FEET TO THE POINT OF
BEGINNING.CONTAINING 35,870 SQUARE FEET, MORE OR LESS.
EXHIBIT"C.
SITE PLAN
THE ORIGINAL SITE PLAN REFERNCED IN THIS DOCUMENT CAN BE VIEWED IN THE OFFICE OF
BLACKSTONE& BULLARD, L.P.,A CALIFORNIA LIMITED PARTNESHIP AT 17671 IRVINE BLVD.,STE. 204,
TUSTIN,CA 92780; AND TARGET CORPORATION, A MINNF50TA CORPORATION, PROPERTY
DEVELOPMENT AT 1000 NICOLLET MALL,TPN-124, MINNEAPOLIS, MN 55403; ATTN: REAL ESTATE
PORTFOLIO MANAGEMENT(T-1417 Fresno,CA)
EXHIBIT C
SITE PLAN -
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EXHIBIT C
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- - - - - - - - - - -
-'N.-BLACKST NE �LVIE._._
OUTPARCEL I TARGET TRACT OUTPARCEL2
0 gr
Tract Boundaries
i........... Access Easement Area
PAGE 1 OF 2
Utility Line Easement Area 4r
Perimeter Landscaping Area NORTH
OVERALL WE PLAN Nr I 1