HomeMy WebLinkAbout17811 Beach Boulevard LLC - 2015-06-01 Dept. ID PW 15-023 Page 1 of 2
Meeting Date:6/1/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 6/1/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and authorize execution and recordation of a Landscape Maintenance
Agreement with Caltrans and a License Agreement with 17811 Beach
Boulevard, LLC for landscaping and other improvements along the Beach
Boulevard Project Frontage located at 17811 Beach Boulevard
Statement of Issue:
Public landscape areas along Beach Boulevard are within the State of California (Caltrans) right-of-
way. Therefore, for all projects within the Beach Boulevard frontage, Caltrans requires that a
Landscape Maintenance Agreement be executed which obligates the City to maintain this
landscape area. The City then "transfers" this continuing maintenance responsibility/liability to the
adjacent property owner through the execution of a separate (nearly identical) "companion" License
Agreement between the City and the owner/developer. These agreements are now presented for
Council approval and execution for this project.
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a "Landscape Maintenance
Agreement Within State Highway Right of Way On Route 39 Within The City of Huntington Beach"
between the State of California and the City for maintenance of landscaping improvements within
the state right-of-way along the project Beach Boulevard frontage; and,
B) Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement
Between The City of Huntington Beach and 17811 Beach Blvd., LLC (the owner/developer) To
Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public
Right-of-Way" located at 17811 Beach Boulevard.
Alternative Action(s):
A) Do not authorize execution of the Landscape Maintenance Agreement with the State of
California.
B) Do not authorize execution and recordation of the License Agreement between the City and the
owner/developer.
Analysis:
As a condition of lease and/or sale of the property, the owner of 17811 Beach Boulevard would like
to install landscaping and other improvements in the public right-of-way along the site's Beach
Item 8. - I HB -102-
Dept. ID PW 15-023 Page 2 of 2
Meeting Date:6/1/2015
Boulevard frontage. Because the City does not desire to inherit future maintenance costs and
responsibility for these improvements, it is required that the owner/developer provide a landscape
maintenance agreement to address the continuing maintenance (including costs and liability) for all
landscaping, irrigation, and hardscape improvements that encroach into the State (Caltrans) right-
of-way along Beach Boulevard. In addition to landscaping and irrigation, the agreement is to
address enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all
other aspects of maintenance for areas in Caltrans' right-of-way.
It is Caltrans' policy to only enter into such agreements with other governmental agencies, not
private developers/owners. Consequently, there are two agreements necessary to adequately
address this landscape maintenance responsibility: one between the State of California and the
City of Huntington Beach; and a second companion agreement between the City and the private
developer/owner, which transfers the maintenance responsibility from the City to the developer.
Environmental Status:
The subject request is exempt pursuant to the California Environmental Quality Act.
Strategic Plan,Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Landscape Maintenance Agreement within State Highway Right of Way on Route 39 within the
City of Huntington Beach (between Caltrans and the City for Maintenance of Landscaping
Improvements along the Beach Boulevard Project Frontage for project on 17811 Beach
Boulevard.
2. License Agreement within State Highway Right of Way on Route 39 within the City of
Huntington Beach (between owner/developer and the City for Maintenance of Landscaping
Improvements along the Beach Boulevard Project Frontage for project on 17811 Beach
Boulevard.
xB -10;- Item 8. - 2
ATTACHM- ENT # 1
LANDSCAPE MAINTENANCE AGREEMENT
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 39 WITHIN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made effective this 47� day of , 2015, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the City of Huntington Beach; hereinafter referred to as "CITY" and
collectively referred to as"PARTIES".
SECTION 1
RECITALS
1. PARTIES desire to work together to allocate their respective obligations relative to newly
constructed or revised improvements within STATE's right of way by Permit Number.
1214-6MC-0252.
2. This Agreement addresses CITY responsibility which can include, but is not limited to
landscaping, planting, irrigation systems, mulches, control litter and weed removal
(collectively the "LANDSCAPING") as well as CITY responsibility which can include,
but is not limited to hardscaping, Biofiltration Swales, Linear Radial Gross Solid
Removal Devices, sidewalks, driveways, bike paths, and parking restriction signs
(collectively the "IMPROVEMENTS") placed within State Highway right of way on
State Route 39, as shown on Exhibit"A", attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I1
AGREEMENT
3. In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
3.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes,
but is not limited to, inspection, providing emergency repair, replacement, and
maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of
LANDSCAPING and IMPROVEMENTS as shown on said Exhibit"A."
3.2. When a planned future improvement is constructed and/or a minor revision has been
effected with STATE's consent or initiation within the limits of the STATE's right of
way herein described which affects PARTIES' Division of Maintenance's
responsibility as described herein, PARTIES will agree upon and execute a new
dated and revised Exhibit "A" which will be made a part hereof and will thereafter
supersede the attached original Exhibit "A" to thereafter become a part of this
Agreement. The new exhibit can be executed only upon written consent of the
PARTIES hereto acting by and through their authorized representatives. No fonnal
amendment to this Agreement will be required.
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4. CITY agrees, at CITY expense, to do the following:
4.1. CITY may install, or contract, authorizing a licensed contractor with appropriate
class of license in the State of California, to install and thereafter will MAINTAIN
(Section 27 of the Streets and Highways Code) LANDSCAPING conforming to
those plans and specifications (PS&E) pre-approved by STATE.
4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a
licensed landscape architect, for LANDSCAPING to STATE's District Permit
Engineer for review and approval and will obtain and have in place a valid necessary
encroachment permit prior to the start of any work within STATE'S right of way. All
proposed LANDSCAPING must meet STATE's applicable standards.
4.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are
provided with adequate scheduled routine MAINTENANCE necessary to
MAINTAIN a neat and attractive appearance.
4.4. An encroachment permit rider may be required for any changes to the scope of work
allowed by this Agreement prior to the start of any work within STATE's right of
way.
4.5. CITY contractors will be required to obtain an encroachment permit prior to the start
of any work within STATE's right of way.
4.6. To furnish electricity for irrigation system controls, water, and fertilizer necessary to
sustain healthy plant growth during the entire life of this Agreement.
4.7. To replace unhealthy or dead plantings when observed or within 30 days when
notified in writing by STATE that plant replacement is required.
4.8. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure
STATE standard lines of sight to signs and corner sight distances are always
maintained for the safety of the public.
4.9. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents
water from flooding or spraying onto STATE highway, spraying parked and moving
automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface
water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
4.10. To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all laws, rules,.
and regulations established by the California Department of Food and Agriculture.
CITY shall report all chemical spray operations quarterly (using Form LA 17) to the
STATE at the address below:
2
Department of Transportation
District 12, Maintenance
Maintenance Manager
3347 Michelson Drive, Suite 100
Irvine CA 92612
4.11. To remove LANDSCAPING, IMPROVEMENTS and appurtenances and restore
STATE owned areas to a safe and attractive condition acceptable to STATE in the
event this Agreement is tenninated as set forth herein.
4.12. To ftimish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
4.13. To inspect LANDSCAPING, and IMPROVEMENTS on a regular monthly or
weekly basis to ensure the safe operation and condition of the LANDSCAPING.
4.14. To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING, and/or IMPROVEMENTS system component that has become
unsafe or unsightly.
4.15. To MAINTAIN all driveways, sidewalksibike paths within the Agreement limits
of the STATE highway right of way, as shown on Exhibit A, at CITY expense.
MAINTENANCE includes, but is not limited to, concrete repair, replacement and to
grind or patch vertical variations in elevation of driveway/sidewalks/bike paths for
an acceptable walking and riding surface, and the removal of dirt, debris, graffiti,
weeds, and any deleterious item or material on or about driveway/sidewalks/bike
paths or the LANDSCAPING, and IMPROVEMENTS in an expeditious manner.
4.16. To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
4.17. To allow random inspection of LANDSCAPING, and IMPROVEMENTS, street
lighting systems, driveway/sidewalks bike paths and signs by a STATE
representative.
4.18. To keep the entire landscaped area policed and free of litter and deleterious
material.
4.19. To expeditiously repair any STATE facility damage ensuing from the CITY's
LANDSCAPING and/or IMPROVEMENTS, including but not limited to, damage
caused by plants and plant roots. CITY to reimburse STATE for its costs to repair
the STATE facility damage ensuing from CITY's LANDSCAPING and/or
IMPROVEMENTS should STATE be required to cure a CITY fault.
4.20. All work by or on behalf of CITY will be done at no cost to STATE.
5. STATE agrees to do the following:
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5.1. May provide CITY with timely written notice of unsatisfactory conditions that
require correction by the CITY. However, the non-receipt of notice does not excuse
CITY from maintenance responsibilities assumed under this Agreement.
5.2. Issue encroachment permits to CITY and CITY contractors at no cost to them.
6. LEGAL RELATIONS AND RESPONSIBILITIES:
6.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third PARTIES not PARTIES to this Agreement, or affect
the legal liability of either PARTY to this Agreement by imposing any standard of
care respecting the design, construction and maintenance of these STATE highway
improvements or CITY facilities different from the standard of care imposed by law.
6.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING and IMPROVEMENTS to the satisfaction of STATE as provided
by this Agreement, STATE may either undertake to perform that MAINTENANCE
on behalf of CITY at CITY's expense or direct CITY to remove or itself remove
LANDSCAPING and IMPROVEMENTS at CITY's sole expense and restore
STATE's right of way to its prior or a safe operable condition. CITY hereby agrees
to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE.
However, prior to STATE performing any MAINTENANCE or removing
LANDSCAPING and IMPROVEMENTS, STATE will provide written notice to
CITY to cure the default and CITY will have thirty (30) days within which to affect
that cure.
6.3. Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to
be done by STATE under this Agreement with the exception of those actions of
STATE necessary to cure a noticed default on the part of CITY.
6.4. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that CITY shall fully defend, indemnify
and save harmless STATE and all of its officers and employees from all claims, suits
or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
CITY under this Agreement.
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7. PREVAILING WAGES:
7.1. Labor Code Compliance- If the work performed on this Project is done under
contract and falls within the Labor Code section 1720(a)(1) definition of a "public
work" in that it is constriction, alteration, demolition, installation, or repair; or
maintenance work under Labor Code section 1771. CITY must conform to the
provisions of Labor Code sections 1720 through 1815, and all applicable provisions
of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles
1-7. CITY agrees to include prevailing wage requirements in its contracts for public
work. Work performed by CITY'S own forces is exempt from the Labor Code's
Prevailing Wage requirements.
7.2. Requirements in Subcontracts - CITY shall require its contractors to include
prevailing wage requirements in all subcontracts funded by this Agreement when the
work to be performed by the subcontractor is a "public work" as defined in Labor
Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include
all prevailing wage requirements set forth in CITY's contracts.
8. INSURANCE:
8.1. CITY is self insured- CITY agrees to deliver evidence of self-insured coverage in a
form satisfactory to STATE, along with a signed copy of the Agreement.
8.2. CITY is using Contractor- If the work performed on this Project is done under
contract, CITY shall require its contractors to maintain in force, during the term of
this agreement, a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming the STATE, its officers, agents
and employees as the additional insured in an amount of$1 million per occurrence
and $2 million in aggregate. Coverage shall be evidenced by a certificate of
insurance in a form satisfactory to the STATE that shall be delivered to the STATE
with a signed copy of this Agreement.
9. TERMINATION - This Agreement may be terminated by timely mutual written consent
by PARTIES, and CITY's failure to comply with the provisions of this Agreement may
be grounds for a Notice of Tennination by STATE.
10. TERM OF AGREEMENT -This Agreement shall become effective on the date first
shown on its face sheet and shall remain in full force and effect until amended or
terminated at any time upon mutual consent of the PARTIES or until terminated by
STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into
this Agreement and have delegated to the undersigned the authority to execute this
Agreement on behalf of the respective agencies and covenants to have followed all the
necessary legal requirements to validly execute this Agreement.
5
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year
first above written.
CITY OF HUNTINGTON BEACH, a STATE OF CALIFORNIA
Municipal Corporation of the State of DEPARTMENT OF
California TRANSPORTATION
MALCOLM DOUGHERTY
A)o� 6 Director of Transportation
MVO
C' y Clerk James Pi eir
Deputy istric Director
Operatio s and Maintenance
District 1
INITIATED AND APPROVED:
'Director of Public orks
REVIE ED AND APPROVED:
C' N4Vager
APPROVED O FORM:
Cit Attorney D 40((I 30,I
6
EXHIBIT "A"
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BUILDING HUXONG,
(6109)TOP '(50.43)lW'
N8932'06*W 168.00' 102'
72'
61'
CALTRANS RAW
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TO FACE
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LANDSCAPE
72' 30,
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CALTRANS RIW
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RONALD DRW STA. 5+00 CA BEACH BLVD-=/
STA. 0+00 CARONALD DR.
LEGEND:
LANDSCAPE AREA M BE MAINTAINED BY CITY
HARDSCAPE AREA TO BE MAINTAINED BY CITY
PREPARED BY: EXHIBIT "A"
ADAMS - STREETER IMPROVEMENT AREA
CIVIL BIGIFNEERS, INC.
CA 92606 PER LANDSCAPE MAINTENANCE AGREEMENT
-474-0251
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
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Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
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CONTRACTOR'S REPRESENTATIVE
RESIDENT ENGINEER COMMENTS:
COPY TO: DISTRICT MAINTENANCE FOR FILE
su ity City ®f Huntington Beach
2000 Main Street
Hun Huntington Beach, California 92648
Certificate of Self Insurance
Memorandum Number: FY 14/15, No. 01 1
This evidence of coverage is used as a matter of information only and confers no rights upon the
Certificate Holder. This evidence of coverage does not amend, extend or alter the coverage
afforded by the memoranda listed below.
Certificate Holder: City of Huntington Beach
Coverage Effective: I/1/15 Coverage Expires: I/1/16
This is to certify that the City of Huntington Beach is self-insured for general liability claims.
Sufficient cash reserves to afford coverage for uninsured losses are maintained at $ 1,000,000.
Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability
Coverage
Limit of Liability/Coverage: $1,000,000 Combined Single Limit per Occurrence
Certificate Requested By: Patricia Williams, Risk Management
Description of Operation, Vehicle or Property: This certificate is issued as proof of the City of
Huntington Beach's self-insurance status. It is provided by The City of Huntington Beach, Risk
Management, at 2000 Main Street, Huntington Beach, California (92648).
Should any of the above coverage for the Covered Party be changed or withdrawn prior to the
expiration date issued above, the City of Huntington Beach will mail a 30-day written notice to
the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any
kind upon the City of Huntington Beach, its agents, officers or employees. If you have any
questions, contact:
P ici illiams,ARM, RiA Manager
(714) 536-52 0
Authorized Representative:
ATTACHMENT 2
This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH II I I II II II111111111111111111111111111111111111111 IIIIIINO FEE
2015000287267 10:22am 06/03/15
WHEN RECORDED MAIL TO: 227 406 Al2 15
City Clerk 0.00 0.00 0.00 0.00 42.00 0.00 0.00 0.00
City of Huntington Beach
P.O. Box 190/2000 Main Street
Huntington Beach, CA 92648
Fee exempt per Government Code §6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LICENSE AGREEMENT BETWEEN
THE CITE' OF HUNTINGTON BEACH AND 17811 BEACH BLVD, LLC, TO PROVIDE
INSTALLATION AND MAINTENANCE OF LANDSCAPING AND HARDSCAPING
IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAS'
This License Agreement (the "Agreement") is made and entered into by and between the
CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and 17811 BEACH BLVD, LLC, a Delaware Limited Liability Company, hereinafter
referred to as "LICENSEE."
WHEREAS, 17811 BEACH BLVD, LLC, is the owner of certain real property located in the
City of Huntington Beach, County of Orange, State of California, which is more particularly
described in the legal description attached hereto as Exhibit "A" and incorporated by this
reference (the "Property"); and
CITY is the owner of those certain areas in the immediate vicinity of the Property that are
depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the
"Improvement Areas"); and
In connection with the development of the Property, CITY and LICENSEE desire to assign
responsibility for the installation and maintenance of landscaping and hardscaping within the
Improvement Areas, as defined below in Section 5, and the costs associated therewith in
accordance with plans and specifications submitted by LICENSEE and as reasonably approved
by CITY; and
By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their
obligations with respect to the installation and maintenance of landscaping within the
Improvement Areas,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, CITY and LICENSEE covenant and agree as follows:
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15-4712/120712.doe
1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY
hereby grants to LICENSEE a non-exclusive, revocable license ("License") to install and
maintain landscaping and hardscaping within the Improvement Areas pursuant to the terms as set
forth in this Agreement.
2. TERM. The term of the License (the "Term") granted herein shall be perpetual,provided
that CITY may terminate the License and this Agreement upon thirty (30) days written notice to
LICENSEE.
3. TERMINATION. In the event of any such termination, the CITY may, at its option,
either:
(a) at its sole expense, disconnect existing water and electrical supply sources to the
Improvement Areas from the Property(leaving the water and electrical systems serving the
Property fully functional and in compliance with law), and construct and reconnect CITY water
and electrical supply sources to the Improvement Areas, or
(b) continue to use water and electricity from the Property for the Improvement Areas,
in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse
LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its
sole expense, to maintain in a good condition and repair the portion of the water and electrical
systems located in the Improvement Areas.
4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the
Improvement Areas shall be as depicted on those certain plans and specifications as approved by
the CITY relative to the Property and the subject development thereof The landscaping and
other improvements within the Improvement Areas for which LICENSEE, at its sole cost at no
expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of
this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes
the following:
Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with
the Landscaping Plans relative to the Property and the subject development thereof
submitted by LICENSEE and approved by the CITY and the irrigation systems serving
the same.
Hardscaping: Enhanced and concrete paving including sidewalks, driveways, access
ramps and stairs in accordance with the precise grading plans relative to the Property and
the subject development thereof submitted by LICENSEE and approved by the CITY.
5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense,
LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas,
including, but not limited to: sidewalk cleaning; trash disposal; signs; pedestrian scale lighting
(defined as 14-foot high street lamps);watering; repairing and/or adjusting irrigation systems
when failures occur; fertilizing; cultivating; edging; performing general planting and trimming or
other corrective gardening; spraying grass and plants with both insecticides and herbicides; and,
generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into
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1 5-4712/120712.doc
consideration normal growth of the landscape materials and a continuation of the aesthetic quality
of the area. LICENSEE agrees to maintain and keep the Improvement Areas in good condition
and repair, free and clear of litter and debris and free from any nuisances and to comply with all
health and police regulations, in all respects at all times. LICENSEE agrees to dispose of litter
and debris in a sanitary and legal manner and location. All of the responsibilities listed in this
Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance
Responsibilities."
(a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall
include watering, repairing, maintaining, adjusting and monitoring irrigation systems when
failures occur, fertilizing, edging, performing general planting and trimming or other corrective
maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement
Areas in a clean, secure and attractive condition,taking into consideration normal growth of the
landscape materials and a continuation of the aesthetic quality of the Improvement Areas,
including but not limited to the following:
1. Provide and apply fertilizer as necessary to sustain healthy growth.
2. Maintain the Improvement Areas to allow access by CITY personnel to
CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects
at all times.
3. Keep plantings trimmed to eye pleasing appearance.
4. Use only those pesticides and fertilizers approved by the State of California
and in a manner consistent with label and legal restrictions.
5. Remove and replace unhealthy, dead, invasive or unplanned plantings as
they are observed.
6. Keep the entire area policed and free of litter and deleterious material.
LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no
offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain
paving, planters, containers, decorative features, artwork or other surfaces.
7. Maintain, repair and operate irrigation system in a manner that prevents
water from flooding onto the right-of-ways.
8. All tree trimming shall be done by an I.S.A. Certified Arborist or an I.S.A.
Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming
shall be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not
conforming to these requirements shall be subject to damage assessment by the City of
Huntington Beach Tree Supervisor. Damages may potentially lead to penalties which can involve
removing and replacing the damaged tree with an approved replacement of the same size that was
originally planted, and payment of fines equal to the value of the original (damaged) tree. Any
fines shall be payable by LICENSEE to the CITY.
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15-4712/120712.doc
9. If for any reason LICENSEE is unable to maintain the Improvement Areas
in a manner satisfactory to the CITY, LICENSEE shall re-landscape the Improvement Areas to a
condition acceptable to the CITY at LICENSEE's sole cost and expense.
10. Control and maintain the Improvement Areas such that no landscaping or
plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian
traffic, or encroaches across or onto any bicycle path, sidewalk, public access area, the street
right-of-way from the edge of the curb/gutter to the center of any street right-of-way.
11. Conform to all applicable Best Management Practices set forth in the
CITY'S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP
Fact Sheet 1 C7 Landscape Maintenance and the Arboricultural and Landscape Standards
Specification issued by the Department of Public Works.
(b) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall
include all concrete and enhanced hardscaping material including all sidewalks, driveways, access
ramps and stairs. Maintenance includes, but is not limited to, linear root barriers, concrete repair
and replacement, grinding or patching variations in elevation of sidewalks and driveways for an
acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any other
deleterious items or material on or about the sidewalks or driveways in an expeditious manner.
(c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of
electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be
responsible for using such utilities in a secure and hazardless manner, complying in all respects
with applicable codes and ordinances.
(d) Signage. LICENSEE shall repair and maintain during the Term any signage
constructed and installed on the Improvement Areas by LICENSEE.
6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its
sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements
which LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements
into an operating condition, all in accordance with plans and specifications as submitted by
LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval
of CITY. No changes, modifications, or alterations may be made to the Improvement Areas
without the prior written consent of CITY.
7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the
installation of the Improvements in the Improvement Areas in accordance with the plans and
specifications, no material changes, modifications or alterations may be made to the Improvement
Areas without the prior written consent of CITY.
8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of
LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement
Areas. Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall
acquire the proper encroachment permit and comply with all other CITY requirements prior to
performing any work on Improvement Areas in the public right-of-way.
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9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas
at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and
LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date
for such inspections.
10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any
pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a
result of the installation of the landscaped material installed on the Improvement Areas and/or the
performance of the maintenance responsibilities of the Improvement Areas, LICENSEE agrees to
repair same at its own expense. In the event that damage is caused by the acts of any person to
any portion of the landscaped area or in the event any equipment is broken or breaks or is
destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or
restored within ten(10) calendar days of the date of the breakage or destruction. Stolen items will
be considered destroyed for purposes of this Section 10.
11. REPAIR BY CITY. Except as otherwise provided for in this License, in the event any
damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a
result of the installation, maintenance and/or repair work performed by the CITY or its
contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the
same at its own expense.
12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage
to the improvements the parties shall cooperate with each other so as to minimize the costs
incurred by each of them.
13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s)to be filed
against the Improvement Areas by reason of any work, labor, services or material performed at or
furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost
and expense, cause any mechanics' lien(s) which may be filed against the Improvement Areas to
be released or bonded or affirmatively insured within sixty (60) days after the date of filing of
such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of
the CITY to subject the CITY's estate in the Improvement Areas to any mechanics' liens) or
liability under the mechanics' lien laws of the State of California.
14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt
to assign the License to any entity shall require the prior approval of CITY and is subject to the
provisions set forth in Section 37 below.Notwithstanding the foregoing, assignment of the
License to a LICENSEE affiliated entity shall not require prior approval of CITY. Other than the
License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate
of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of
LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any
future time. This License is appurtenant to the Property and may not be separately assigned apart
from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any
such assignment and delegation; such notice shall include the mailing address of the delegee, and
will become the delegee's address for service of notices. LICENSEE hereby covenants for itself
and its successors and assigns, that conveyance of any interest in the Property shall constitute an
assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this
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154712n20712.doe
License, and upon such conveyance,the predecessor in interest of such assuming party shall be
deemed relieved from any further obligations or responsibilities under this License.
15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code
§1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq.
of said California Labor Code, which requires every employer to be insured against liability for
workers' compensation. LICENSEE covenants that it will comply with such laws and provisions
prior to conducting any activity pursuant to this license. LICENSEE shall maintain such
Workers' Compensation Insurance in an amount of not less than One Million Dollars
($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily
injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease,
policy limit, at all times incident hereto, in forms and underwritten by insurance companies
reasonably satisfactory to CITY. LICENSEE shall require all subcontractors retained by
LICENSEE to perform work hereunder to provide such workers' compensation insurance for all
of the subcontractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers' compensation insurance and LICENSEE shall
similarly require all subcontractors to waive subrogation.
16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15
above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its
successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto,
on all activities to be performed in the Improvement Areas as contemplated herein, general
liability insurance including coverage for bodily injury, property damage and motor vehicle
coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to
CITY. Said insurance shall name the CITY as Additional Insureds and shall specifically provide
that any other insurance which may be applicable to all activities to be undertaken by LICENSEE
concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's
insurance shall be primary. Said policy of insurance shall pay on behalf of LICENSEE, its
officers, agents, and employees, while acting within the scope of their duties, against any and all
claims of liability arising out of or in connection with all activities to be undertaken by
LICENSEE concerning the Improvement Areas affected by the license. LICENSEE shall
subscribe for and maintain said insurance policies in full force and effect during the life of this
Agreement, in an amount not less than the following amount: combined single limit bodily injury
and property damage, including products/completed operations liability and blanket contractual
liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, such limit shall be not less than One
Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately
notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its
subrogation rights against CITY.
17. CERTIFICATE OF INSURANCE-, ADDITIONAL INSURED ENDORSEMENTS.
Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY
certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverage as required by this Agreement; said certificates shall provide the name and
policy number of each carrier and policy; and shall state that the policy is currently in force; and
shall promise to provide that such policies will not be canceled or modified without providing
notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing
6
15-4712/120712.doc
insurance coverage in force until the Term of this Agreement has expired or this Agreement is
terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the
obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have
the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and
timely manner, the premiums on all insurance hereinabove required. A separate copy of the
additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the
CITY as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the
commencement of any work by LICENSEE pursuant to this Agreement.
18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect,
defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns
(hereinafter collectively called "Indemnified Parties") against any and all liability, claims,
judgments, penalties, damages, expenses, costs and demands, including without limitation
reasonable attorneys' fees, however caused, including those resulting from death or injury to any
person (including without limitation any Indemnified Party), and damage to any property, real or
personal, of any kind wherever located and by whomever owned(including, without limitation,
property owned by an Indemnified Party), which injury, death or physical damages arises directly
or indirectly out of the grant of license herein contained or the activities to be undertaken by
LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees)
concerning the Improvement Areas, caused in whole or in part by any negligent act or omission
of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable (collectively,the
"LICENSEE Parties"), including but not limited to concurrent active or passive negligence of the
LICENSEE Parties, except to the extent caused by the negligence or willful misconduct of CITY
or any of its agents, contractors, subcontractors, officers, or employees. City shall provide
immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required
hereunder at its sole cost and expense.
19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken
by it on the Improvement Areas shall be for its sole account and not as an agent, servant or
contractor for CITY.
20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its
officers, employees, contractors, invitees and all others doing business with LICENSEE to obey
and observe) all rules and regulations of general applicability regarding the Improvement Areas
as may be reasonably established by CITY at any time and from time to time during the Term of
this Agreement.
21. DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of
the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide
written notice to LICENSEE in the manner and at the address for notices provided in Section 23,
describing the alleged default by LICENSEE. If LICENSEE fails to cure said default within
thirty (30) calendar days following the date of delivery of such notice of default, CITY may
thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred
shall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incurred
shall include copies of paid invoices evidencing the costs incurred. Payment from LICENSEE
shall be due within thirty (30) calendar days following the date of receipt of invoice. In addition,
7
15-4712/120712.aoc
one and a half(1-1/2%) interest per month shall be added for each month payment hereunder is
due but unpaid.
22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe
in the use and occupation of the Improvement Areas all municipal ordinances, and all state and
federal statutes now in force and which may hereafter be in force, and shall fully comply, at its
sole expense, with all regulations, orders, and other requirements issued or made pursuant to any
such ordinances and statutes. All building permits, business licenses and other applicable permits
and licenses shall be secured and paid for by LICENSEE.
23. NOTICES. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i)
postage prepaid, and depositing the same in the United States Postal Service, via certified or
registered mail, or (ii) using nationally recognized overnight courier service, or (ill) via facsimile
transmission(with a copy to also be placed in the United States Mail), and addressed as follows:
TO CITY: TO LICENSEE:
City of Huntington Beach 17811 BEACH BLVD, LLC
2000 Main Street ATTN: Western Bay Group
Huntington Beach, CA 92648 19200 Von Karman Ave., Suite 945
ATTN: Director of Public Works Irvine, CA 92612
Tel: (714) 536-5431 Tel: (949) 679-3460
Facsimile: (714) 374-1573
Any mailing address or telefacsimile number may be changed at any time by giving written notice
of such change in the manner provided above at least ten(10) days prior to the effective date of
the change. All notices under this Agreement shall be deemed given, received, made or
communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or
attempted delivery date shown on the return receipt. A person may not give official or binding
notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to the
receipt of the original, of a facsimile copy of the notice.
24. CAPTIONS AND TERMS. The captions and section numbers appearing in the
Agreement are for convenience only and are not a part of the Agreement and do not in any way
limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this
Agreement, or in any way affect this Agreement.
25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the
County of Orange, State of California.
26. NON-EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall
at all times be open to use by the general public.
8
11 47121120712.doc
27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement
and use of the Improvement Areas it will not engage in, discrimination against any person
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status or sex.
28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its
respective rights and obligations under this Agreement, including, but not limited to, performing
any acts and executing any further documents that may be reasonably necessary to effectuate the
purposes of or rights conferred under this Agreement.
29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to
be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each
provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable
provision, shall be valid and enforceable to the fullest extent permitted by law.
30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or
inclusions by reference, constitutes the entire agreement between the parties hereto relating to the
rights herein granted and the obligations herein assumed, and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements, and understandings, if any,
between the parties hereto with respect to the rights and obligations contained herein. Any oral
representations or modifications concerning this instrument shall be of no force or effect except a
subsequent modification in writing, approved by the CITY and signed by the parties to be
charged.
31. ATTORNEY'S FEES. If any action or proceeding is brought by either party against the
other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall
bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees
from the nonprevailing party.
32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above,
LICENSEE acknowledges and agrees that CITY has the right and standing, but not the
obligation, to enforce any of the terms of this Agreement by any appropriate legal or equitable
means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement.
LICENSEE shall provide CITY with, and at all times keep current, contact information for
LICENSEE and any property manager acting on its behalf.
33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and
enforced under and in accordance with and governed by the laws of the State of California.
34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented
only by the written agreement of LICENSEE and CITY, or the successors and assigns of each.
35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the
land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or
acquiring any interest in any portion of any property benefited or burdened thereby, during the
period of such person's or entity's ownership, and all of their respective successive owners and
assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or
9
154712/120712.doc
burdened thereby and every portion thereof and interest therein. The License granted by this
Agreement is subject to all matters of record as of the effective date of this Agreement.
36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or
her designee the authority to implement all provisions of this Agreement.
37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the
exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the
provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by
any other person.
38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made
hereunder shall survive termination of this Agreement.
39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing
this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to
perform pursuant to the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers on �,��.e,J�' Q! 2015.
LICENSEE: CITY:
17811 BEACH BLVD, LLC CITY OF HUNTINGTON BEACH,
a Delaware Limited Liability Company a California municipal corporation
By: M o
fixtr-s, mnepf/be . ,tLL_
print name
ITS: (circle one) Chairma resident ice President `�---��/t�, Clerk
AND !
By:
INITIATED AND AP ROVED:
print name
ITS: (circle one) Secretary/Chief Financial Officer/ Director of Publi orks
Asst. Secretary-Treasurer
REVI AND APPROVED:
P
C' a ager
i
APPROVE S O
Cit Attorney h xc o q0c i%S
10
15-4712n20712.doc
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 California }
County of
On I q� 13 2015 before me,
( ere i ert name an title-of the officer)
personally appeared CWSDY) P url S
who proved to me on the basis of satisfactory evidence to be the person�4 whose
nameo@)af&subscribed to the wi in instrument and acknowledged to me that
executed the same in i authorized capacityoes}; and that by
signature) on the instrument the person , or the entity upon behalf of
which the person() acted, executed the Instrument.
Y
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. ,
V.CARRILLO �
WITNESS my h and official seal. Con ion No
-M201
-NOTARY RAUCIFOF"A
ORANGEECOUNW r
My Comm.Erpros AMM 1,2017
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
l other states may be completed for documents being sent to that state so long as the
/ ,�/Q`/Y O rOpi�/►Q,�/� wording does not require the California notary to violate California notary law.
(Ti or e5cription ffa docc nie�/ntt)�, vv� • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or d scription of attached docu continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/theme is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
Title sufficient area permits,otherwise complete a different acknowledgment form.
s • Signature of the notary public must match the signature on file with the office of
El Partner
( ) the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document
Indicate title or type of attached document,number of pages and date.
ElOther Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version wvw.NotaryC lasses.eom 800-873-9865 • Securely attach this document to the signed document with a staple.
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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 6/2/2015 before me, P. L. Esparza, Notary Public, personally appeared Jill
Hardy who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person 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.
- �~P.. L.ESPARZA
Commission*2032750 Z
WITNESS my hand and official seal. :r' Notary Public-California
Orange County
my Comm.Expires Au 4,2017
(Seal)
(Notary Sign re)
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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On June 3, 2015 before me, P. L. Esparza, Notary Public, personally appeared
Joan L. Flynn, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on
the instrument the person, or the entity upon behalf of which the person 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.
mow.
P.L.ESPARZA
Commission 0 750
WITNESS my hand and official seal. a .. Notary P CeBfornia
i '{ range County
omm Expires Aug 4. 20t 7
(Seal)
(Kota Si natur
P.L ESPARZA
557Commission 0 2032750
a Notary Public-California
z + Orange County •
My Comm.Ex ires Aug4,2017
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA,AS SHOWN ON A PARCEL MAP FILED IN BOOK 125, PAGES 10 AND 11 OF
PARCEL MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE NORTH 62.00 FEET OF
THE EAST 118 FEET OF A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 26,TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN
THE RANCHO LAS BOLSAS,COUNTY OF ORANGE,STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK THEREOF RECORDED IN BOOK 51, PAGE 13 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL 1 AS DEPICTED ON EXHIBIT "B" OF LOT LINE ADJUSTMENT NO. 08-001
RECORDED ON AUGUST 26, 2008 AS INSTRUMENT NO. 2009000404607 OF OFFICIAL
RECORDS.
EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL RIGHTS,
AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN TOGETHER
WITH APPURTENANT RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER
UPON THE SURFACE OF SAID LAND NOR ANY PORTION OF THE SUBSURFACE LYING
ABOVE A DEPTH OF S00 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF
RECORD.
APN: 165-301-52
City of Huntington Beach
20oo Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
y Joan L. Flynn, City Clerk
June 4, 2015
Caltrans Office of Maintenance Engineering
Attn: Nazila Moghaddam
3347 Michelson Dr., Ste. 100
Irvine, CA 92612
Dear Ms. Moghaddam:
Enclosed for your records is a duplicate original of the "Landscape Maintenance
Agreement Within State Highway Right of Way on Route 39 Within the City of Huntington
Beach."
Sincerely,
9an L. Flynn, jCM4C000F
City Clerk
JF:pe
Enclosure
Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand
Esparza, Patty
From: Milani, Bob
Sent: Thursday, June 04, 2015 10:40 AM
To: Esparza, Patty
Subject, ------- RE-6-1-council followup items
Yes, please. Here's the contact.
Nazila Moghaddam TE, Civil
Caltrans
Office of Maintenance Engineering
3347 Michelson Dr., Suite 100, Irvine, CA 92612
Desk: (949) 724-2062
Cell: (949) 677-8090
Thanks.
From: Esparza, Patty
Sent: Thursday, June 04, 2015 9:38 AM
To: Milani, Bob
Subject: RE: 6-1 council followup items
Yes, I have it—do you want me to send it? If so, I need the contact info.
From: Milani, Bob
Sent: Wednesday, June 03, 2015 12:53 PM
To: Esparza, Patty
Subject: RE: 6-1 council followup items
Patty thank you.
Also, Caltrans had given us 2 signed originals of their LMA.... Do we have one original executed copy
to send back?
From: Esparza, Patty
Sent: Wednesday, June 03, 2015 12:10 PM
To: Wapner, Kirsty
Cc: Milani, Bob
Subject: 6-1 council followup items
Patty Esparza, CIVIC
Senior Deputy City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
(714) 536-5260
1