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HomeMy WebLinkAboutAbdelmuti Development Co. - 1993-05-03 (2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w s+ea Stateof 2rn-cu-- OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of &?y-4a of 'e Though stable does not require the Notary to fill in the data beow, doing So may prove �+ /^ / L iMaluable to persons relying on the document On J /r before me ( LL-L� �Q X• �JS NUTR/L,PK�lfG ❑ INDIVIDUAL GATE NAME,TfrLE OF OFFICER-E.G..'JANE DOE.NUTANY PLOW �/ ❑CORPORATE OFFICER(S) personally appeared NAME(S)OF SKIllegillst TITLEISI personally known to me- basis ei-satisfectory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose narri Mare ❑ GENERAL Subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/iO4)lthey executed ❑TRUSTEE(S) the Same in finr r�t"r authorized C]GUARIDItANIACONSERVATOR OFFICML NOTARY SEAL capacity(ies), and that by Iris/60their ©OTHER: �-C �, r LAURA A.NELSON signature(s) on the instrument the person(3), _ •� Nam:-P —cmw" or the entity upon behalf of which the ORANGE 05 JUL 0 person(s) acted, executed the instrument. MI Cqmm.EaDINNa JUL OB.1495 SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)DR ENTRYIIESf 91"L 6!4 Airt 1jeaA SKMATURE OF NOTARY OPTIONAL SECTION, THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT lCL.k u'�I L tCrn Lc ��•U rN,�✓- Pt I.>,w�f THE DOCUMENT DESCRIBED AT RIGHT: /g NUMBER OF PAGES / 0DATE OF DOCUMENT u P-ia'6�0 Though the data requested here is not required by law. n could prevent fraudulent reattachment of this form SIGNER(S)OTHER THAN NAMED ABOVE c✓r t 1992 NATIONAL NOTARY ASSOCIATION-11=Rol - AM.,P.O.li a 7164•Canoga Perk.CA 913pg. /_ Ja-••al�••a-G REQUE? FOR CITY COUNCIL CTION ED 93-13 Date: May 3. 1993 ArrKOVED BY CITY COUNCi.. Submitted to: Honorable Mayor and City Council Members S— 3 Q li�•f? Submitted by: Michael T. Uberuaga, City Administrato �r - KT" Prepared by: Barbara A. Kaiser, Deputy City Administrato Economic ve opmen Louis F. Sandoval, Director of Public Works Subject: PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY Consistent with Council Policy? [ 1 Yes [ 1 New Policy or Exception Statement or Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attaehmen STATEMENT OF ISSUE: Abdelmuti Development Company is constructing an intricate parkway design around their Ocean Promenade project located at the northwest corner of Main Street and Pacific Coast Highway. The attached Parkway License Agreement outlines Abdelmuti Development Company's obligations to maintain the parkway. RECOMMENDED COUNCIL ACTION: Direct the City Clerk to execute the attached Parkway License Agreement between the City of Huntington Beach and Abdelmuti Development Company . ANALYSIS: On May 28, 1991 the City/Agency entered into an Owner Participation Agreement (further amended on November 4, 1991 & August 31, 1992) with Abdelmuti Development Company for the development of their property located at Main Street and Pacific Coast Highway. The approved development consists of a four story, approximately 48,000 square foot mixed use commercial/retail/office building. The project as approved includes an intricate parkway design all the way around the development. This hardscape consisting of pavers will be constructed from the building line to the property line and beyond into the city owned right of way to the curbline. Due to the special maintenance this paver hardscape area requires the city has obligated Abdelmuti Development Company to maintain it. The attached Parkway License Agreement outlines the developer's obligations to maintain the parkway. FUNDING SOURCE: None as a result of this action. RCA ED 93-13 • • May 3, 1993 Page two ATTACHMENT: 1. Site Plan. 2. Parkway License Agreement MTU/BAK/KBB:jar 456j Site Plan � a I e as Lo rn < a� 47 . _ � o J � r• W !§ - LU ¢i a LLJ _ # t "I 's "•'• !1 ;•i it i a � _o F�' �I u < 133tl1S Ml)Il i S •- EXHIBIT "B" DOC # 9 -04885 f 5 22—JUL-1993 11 : 51 Ali RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in lltficial ketord= of Qrame County. California City Clerk Lee A. Branch, C Pare ! of 11 Fee. 1 ounty neiui ue City of Huntington Beach U,q� 2000 Main Street Ta":: » p•pq Huntington Beach, CA 92647 PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY THIS PARKWAY LICENSE AGREEMENT (the "Agreement") is made and entered into this 3rd day of M1lav 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , herein called "City, " and ABDELMUTI DEVELOPMENT COMPANY, a California general partnership, herein called "Licensee. " R E C I T A L S WHEREAS, Licensee is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California commonly known as 101 Main Street and legally described in the attached Exhibit "A" and hereafter referred to as the "Site" and; City is the owner of certain public rights-of-way and other property adjacent to the Site depicted in the attached Exhibit "B" and hereinafter referred to as the " Improvement Area" and; In connection with the development of the Site and the approval of Parcel Map No . 91-235 covering the Site, Licensee was required by the Department of Public Works of City to provide street trees and to maintain such street trees, together with certain other improvements located in the public rights-of-way adjacent to the Site, in accordance with plans and specifications previously submitted by Licensee to City and approved by City; and By this Agreement the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the landscaping and maintenance of the improvements located within the Improvement Area; NOW, THEREFORE, the parties hereto agree as follows : This document is solely for the official business of the City cf Huntinoton Boach, as contem- plated under 0ovorr.9ent Code 498 : 2/93 : SCLk 1 Sec. 6103 and should be recorded free of charge. 1 . Grant of License City hereby grants to Licensee a license to utilize the Improvement Area for the installation, repair, maintenance and replacement of street trees and for the repair, maintenance and replacement of certain other improvements within the Improvement Area hereinafter described as the "Licensee ' s Improvements" . 2 . Term. The term of this License shall be perpetual, provided that City may at any time terminate this License upon sixty (60) days prior written notice to Licensee, in the event Licensee has failed to comply with its obligation hereunder . 3 . Description of Improvements (a) Licensee ' Improvements . The improvements within the Improvement Area for which Licensee shall assume the obligation to repair and maintain in accordance with the terms of this Agreement (hereinafter referred to as the "Licensee' s Improvements" ) are the following : (i) Street Trees Street trees as designated on the landscaping plans approved by the City and the irrigation systems related thereto; (ii) Enhanced Hardscape. Sidewalks, curbs , gutters and paving installed within the Improvement Area which do not conform to the standard specifications of the City for such improvements; (iii) Pedestrian Accessway Pedestrian accessway for the ingress, egress and access of pedestrians to and from the Improvement Area to Main Street which consist of paving which does not conform to the standard specifications of the City for such improvements . (b) City' s Improvements . All other improvements within the Improvement Area (the "City' s Improvements" ) shall be maintained and repaired by the City, including, without limitation, the following : all street improvements and utilities , traffic signals, curbs, gutters, asphalt paving, light standards and signage not described in Section 3 (a) above. 4 . Maintenance Standards During the term hereof , Licensee agrees to maintain the Improvement Area in good and satisfactory condition. (a) Maintenance of Street Trees . Maintenance of street trees shall include but not be limited to watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing, performing general planting and trimming or other corrective maintenance, spraying with both insecticides and herbicides, and generally keeping the street trees within 498 : 2/93 :SCLk 2 the Improvement Area in a clean, safe and attractive condition, taking into consideration the normal growth and the continuation of the aesthetic quality of the Improvement Area . The growth of all street trees shall be controlled so that none protrude into street , bicycle or other public access areas so as to obstruct or hinder vehicular or pedestrian traffic. Water, soil or other materials shall not be allowed to flow or spray across or into the public right-of-way between the edge of the curb/gutter to the center of the public right-of-way designated on Exhibit "B" . The Improvement Area shall be free from weeds, debris and harmful insects at all times . All such gardening and maintenance practices so performed by Licensee shall conform to the standards set forth in the City' s arboricultural and landscape standards and specifications issued by the Department of Public Works . (b) Utilities . Licensee shall pay all utility costs associated with operating the irrigation systems ( i .e. , water and electrical) which Licensee is obligated to maintain in accordance with Paragraph 3 (a) above. 5 . Installation Damage. In the event any damage is caused to the curb, gutters, sidewalk, street or utilities within the Improvement Area as a result of the installation of the street trees and/or maintenance of the Licensee ' s Improvements within the Improvement Area by Licensee, Licensee shall promptly repair the same at its own expense. 6 . Repair by City. In the event any damage is caused to any of the Licensee ' s Improvement within the Improvement Area as a result of any installation, maintenance and/or repair work performed by City or its contractors or employees within the Improvement Area, City shall promptly repair the damage at its sole cost and expense. 7 . Cooperation. In the event both Licensee and City are required to repair damage to improvements within the Improvement Area, the parties shall cooperate with each other so as to minimize the costs incurred by each of them. To the extent maintenance of any of the Licensee ' s Improvements requires access to any real property owned by the California Department of Transportation, as opposed to City, City shall cooperate with Licensee by contacting said department in order to obtain the necessary permits, approvals and/or agreements required to permit such access . . 8 . Failure to Maintain . In the event Licensee does not maintain the Licensee ' s Improvements, City may cause such maintenance to be performed and all costs thereby incurred shall be assessed to and billed directly to Licensee. Payment shall be due within thirty (30) days of billing . In the event City fails to perform its obligations hereunder after a reasonable period of 498 : 2/93 : SCLk 3 time, including, but not limited to, repairing any damage to Licensee' s Improvement pursuant to Section 6 above, Licensee may cause any such work to be performed and City shall promptly reimburse Licensee an amount equal to the actual costs incurred by Licensee to repair such improvements , which reimbursement shall be due no later than thirty (30) days after billing by Licensee for the same. 9 . Material Alterations . Licensee shall make no material change in the placement or type of street trees or other improvements utilized within the Improvement Area nor shall the design of the Improvement Area be materially changed without the prior written consent of City. 10 . Assignment . Except as expressly provided below, this License may not be assigned by Licensee. Notwithstanding the foregoing, Licensee may assign its rights and delegate its duties hereunder to any successor-in-interest of Licensee as the owner of the Site. Upon such assignment, the assignor shall be automatically released from its obligations hereunder from and after the date of such assignment. 11 . Indemnification, Defense, Hold Harmless . Licensee hereby agrees to protect, defend, indemnify and hold and save harmless City, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to Licensee ' s employees and damage to Licensee ' s property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, including those arising from the passive concurrent negligence of City, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of City. Licensee will conduct all defense at its sole cost and expense. City shall be reimbursed by Licensee for all costs incurred by City in enforcing this obligation. 12 . Workers ' Compensation Insurance Pursuant to the California Labor Code Section 1861, Licensee acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; Licensee covenants that it will comply with all 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 Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250 , 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to City. 498 :2/93 : SCLk 4 13 . Insurance. Licensee shall carry at all times incident hereto, on all activities to be performed in the public right of way as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to City. Said insurance shall name the City, its officers, agents and employees as Additional Insureds . Licensee shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than 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 and agrees to provide certificates evidencing the same. 14 . Certifications of Insurance: Additional Insured Endorsement . Prior to conducting any activity pursuant to this License, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages 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 cancelled without thirty (30) days prior written notice to City. Licensee shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Licensee under this Agreement . City or its representative shall at all times have the right to demand the original or 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 each of Licensee ' s insurance policies , naming the City, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the commencement of work pursuant to this License. 15 . Independent Contractor . Licensee agrees that all work done or undertaken by it on the Site shall be for its sole account and not as an agent, servant or contractor for City. Licensee agrees to indemnify and hold City harmless from and against all claims or liens of workers and material/suppliers . 16 . Notices . All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to Licensee or to City at the respective addresses shown below: 498 : 2/93 :SCLk 5 CITY: LICENSEE: Mr . Louis F. Sandoval Abdelmuti Development Company Director of Public Works 200 Main Street, Suite 101 City of Huntington Beach Huntington Beach, CA 92648 2000 Main Street Huntington Beach, CA 92648 17 . Non-Exclusivity. This License is nonexclusive, and the Improvement Area shall at all times be open to use by the general public. 18 . Nondiscrimination. Licensee agrees that in the performance of this Agreement and use of the Improvement Area it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, martial status or sex. 19 . Recordation. This Agreement shall be recorded with the County Recorder of Orange County, California . 20 . Successor and Assigns . This instrument shall bind and insure to the benefit of the owners of the Site and their respective successors, heirs, personal representatives and assigns . The parties desire to enter into this Agreement in accordance with Civil Code Section 1468 in order to establish provisions that shall run with the land and be binding upon and insure to the benefit of the parties hereto and their successive owners . 21. Entire Agreement . This instrument contains the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral END OF PAGE 498 : 2/93 : SCLk 6 representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, signed by the parties to be charged . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written . LICENSEE: CITY: ABDELMUTI DEVELOPMENT COMPANY, CITY OF HUNTINGTON BEACH, a a California General partne h' Cal��ifJJornia mu/n�i/cipal corporation B, L3cA_ ) ` Ahmad . Abdelmu Mayor General Partner ATTE--1��y� jn City Clerk ; SIYA3 APPROVED AS TO FORM: 13 City Attorney ,J,5 NO APPROV• I LAT;3 �PLPOV4ED City A ministrator Directo of Public Works 998 : 2/93 : SCLk 7 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) ll // On 3- L' - `) 3 before me, Ric rlAAO VAN'JE RPLA 5 , personally appeared Alf m^ ip A (i i�,fi_ M u T I personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person (91 whose name (-e) is/a-re subscribed to the within instrument and acknowledged to me that he/she/t-lwy executed the same in his/her/ter authorized capacity(iee) , and that by his/hero t*err signature (a) on the instrument the person (&) or the entity upon behalf of which the person (s) acted, executed the instrument . Witness my hand and official seal . OMMOEC01JVO"yO otary Public (SEAL] Aff Apd 18. 1996 STATE OF CALIFORNIA ) ss. COUNTY OF On 5� 3 A/ 3 before me, /edit. c , personally appeared �a rn c c f-I � " h c / personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person (s) whose name (s) (ids/awe subscribed to the within instrument and acknowledged to me that he/theme/-th executed the same in hi- /,hei/t-heir authorized capacity (ies) , and that by h-iskhe;/t-heir signature ( on the instrument the person(&) or the entity upon behalf of which the person (s) acted, executed the instrument. Witness my hand and official seal . OFFICIALNOTARY SEAL Notary Pllb11C` =yt] LAURA A NELSON (SEA ] :; � Noow Public—CaYbmia ORANGE COUNTY W Comm.Exp m JUL O8.7L95 8 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows : Parcel 1 of Parcel Map No. 91-235, as shown on a map filed in Book 275 , Pages 1-3 of Parcel Maps, records of Orange County, California, owned by Grantor. EXCEPTING THEREFROM the most Westerly Northwesterly ten (10) feet of said parcel Map adjoining Lot 7 in Block 104 of the Map of Huntington Beach, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3 , Page 36 of Miscellaneous Maps, records of Orange County, California. FURTHER EXCEPTING THEREFROM the most Easterly North- easterly ten (10) feet of said Parcel Map, adjoining Lot 17 in Block 104 of the Map of Huntington Beach in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3 , Page 36 of Miscellaneous Maps, records of Orange County, California. FSI\783\0148200001\23457. 11104M EXHIBIT "A" � a �t z j � � .i , , Ilj 1 i 1 I I 1�1'�' u awl• Iti4 �1•, � ` � I i ! 1 I ! 11 i I •h I i j i 3I of li4irjl : ll ! s;� i+. ' ! b z j Loc bb r — a CY) < .� O Z H ' 133tl�£ MIYM ar � � W - rx — W V � LIJ 1 y` all y O 6 � 113tltS Hlflf i > > EXHIBIT "B" ;, CITY OF HUNTINGTON BEACH ` 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 18, 1993 Patrick D. McCalla, Attorney Rutan & Tucker P. 0. Box 1950 Costa t•tesa, CA 92628-1950 Enclosed is an executed copy of Parkway License Agreement between the City of Huntington Beach and Abdelmuti Development Company for your records. Connie Brockway City Clerk CB:bt Enc. (Telephone: 714-536-5227) RUTAN & TUCKER ATTORNEYS AT l W A VARTNERS"10 INCLUOINO PROFESSIONAL CORPORATIONS .00•(' Yr.<e•{NA BANK Of THE WEST, SUITE 1400 .iC+Ka. tJrr[•• -ALL I .....0. •a Y{f a .O••�\ OtP•A JIT • .i{a YN[w{afOxJ .w 611 ANTON BOULEVARD + +ee...• VNO! •Kx D A CV...rr iwlON[ f+[•J v Wt\[ r[[L[ YI[L ..CnAIL T ...... .r... x Ia x taa(x\ B.x<•OIr w.Dn .L.m.+ AwKi a ciaern COSTA MESA, CALIFORNIA 02626ABOB .MMI.orY.x. MiCnya w O v�D [Y lW DIRECT ALL MAR TO D O no. 1950 Awf v a•O+Ew e.NON rnlw w .O\\ A.I\OT• Ow .Ow COSTA MESA CALIIORNIA 926E6-IpSO .+[w. (LL.f O(.O.Ya x [.[xf +nl•.[w J \I[rt..xx •^ .. TELEPHONE IIMI 6.I-5100 f oAwrtL xY.eTra[ IN f. Awoax A. I2u1 62S-7566 w. ...uwV �nexAt f \4 wet•',• �O.N v C.AN[ TELCCOPIER IrMI 546-9035 ea .�r.o•o{ P [nu Yoo•N• c+KL o w.•x u..o.N{xx\o+ a W.fo .�.e I..o•fr[I gal�..r.xeD[ <L..o o .ox+arDrn • .I J..o• •ouf[ ..A.R a \ D CY rx a-. WNI uf.Mn WOL LJI...af• \CO rr fvx weL<erP•V .[M w Ta. x .aDeu xow[u u.lf i..a P[w.v t)4ux •Y a co.[ �[ A ...e.\Trn March 4, 1993 � .. ,,,<we„ Mr. Mike Abdelmuti Abdelmuti Development Company 200 Main Street, Suite 101 Huntington Beach, CA 92648 Re: Parkway License Agreement Dear Mike: Enclosed please find two execution copies of the Parkway License Agreement which provides for the maintenance of the sidewalk areas in front of the Huntington Beach store. You had previously signed another version of this document. However, the City Attorney's office had a few minor changes to the insurance and indemnification sections of the document. I have reviewed these provisions and they do not materially change the agreement. Please sign and have notarized both copies of the document and return them to Keith Bohr at the City of Huntington Beach. By copy of this letter, I am requesting that Keith Bohr return to this office a fully executed copy of the document for our records. Very truly yours, RUTAN & TUCKER Patrick D. McCalla PDM/r Enclosures cc: Jeffrey M. Oderman, Esq. (w/o encls. ) Mr. Keith B. Bohr (w/o encls. ) FS I US3\014&20-"1 W463. 03MY93 y WE ORIGINAL Or THIS POCCWENT puS yptii _iN 7_-jin -I"- DOCUnEINT iUNBER 9J-04885f. LEE A. 51,ANCH; COUNTY REC DER Ci�u'ry'fjF �ijNi'i iiEC�lttrPS', LvFl.0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY THIS PARKWAY LICENSE AGREEMENT (the "Agreement" ) is made and entered into this 3rd day of May , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , herein called "City, " and ABDELMUTI DEVELOPMENT COMPANY, a California general partnership, herein called "Licensee. " R E C I T A L SS WHEREAS, Licensee is the owner of certain real property located in the City of Huntington Beach , County of Orange, State of California commonly known as 101 Main Street and legally described in the attached Exhibit "A" and hereafter referred to as the "Site" and; City is the owner of certain public rights-of-way and other property adjacent to the Site depicted in the attached Exhibit "B" and hereinafter referred to as the "Improvement Area" and; In connection with the development of the Site and the approval of Parcel Map No. 91-235 covering the Site, Licensee was required by the Department of Public Works of City to provide street trees and to maintain such street trees, together with certain other improvements located in the public rights-of-way adjacent to the Site, in accordance with plans and specifications previously submitted by Licensee to City and approved by City; and By this Agreement the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the landscaping and maintenance of the improvements located within the Improvement Area; NOW, THEREFORE, the parties hereto agree as follows : This document is solely for the official business of the City cf 6untin3ton Leach, as coiitcm- plated uncer Government Code 998 : 2/93 : SCLk 1 Sec. 6103 and should be recorded free of cY.nrrc. r 1 . Grant of License City hereby grants to Licensee a license to utilize the Improvement Area for the installation, repair, maintenance and replacement of street trees and for the repair, maintenance and replacement of certain other improvements within the Improvement Area hereinafter described as the "Licensee ' s Improvements" . 2 . Term. The term of this License shall be perpetual , provided that City may at any time terminate this License upon sixty (60) days prior written notice to Licensee, in the event Licensee has failed to comply with its obligation hereunder . 3 . Description of Improvements (a) Licensee' Improvements . The improvements within the Improvement Area for which Licensee shall assume the obligation to repair and maintain in accordance with the terms of this Agreement (hereinafter referred to as the "Licensee ' s Improvements" ) are the following : (i) Street Trees Street trees as designated on the landscaping plans approved by the City and the irrigation systems related thereto; ( ii) Enhanced Hardscape. Sidewalks , curbs, gutters and paving installed within the Improvement Area which do not conform to the standard specifications of the City for such improvements ; (iii) Pedestrian Accessway Pedestrian accessway for the ingress, egress and access of pedestrians to and from the Improvement Area to Main Street which consist of paving which does not conform to the standard specifications of the City for such improvements . (b) City' s Improvements . All other improvements within the Improvement Area (the "City' s Improvements" ) shall be maintained and repaired by the City, including, without limitation, the following : all street improvements and utilities , traffic signals, curbs, gutters , asphalt paving, light standards and signage not described in Section 3 (a) above . 4 . Maintenance Standards During the term hereof, Licensee agrees to maintain the Improvement Area in good and satisfactory condition. (a) Maintenance of Street Trees . Maintenance of street trees shall include but not be limited to watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing, performing general planting and trimming or other corrective maintenance, spraying with both insecticides and herbicides, and generally keeping the street trees within 498 : 2/93 : SCLk 2 the Improvement Area in a clean, safe and attractive condition, taking into consideration the normal growth and the continuation of the aesthetic quality of the Improvement Area . The growth of all street trees shall be controlled so that none protrude into street, bicycle or other public access areas so as to obstruct or hinder vehicular or pedestrian traffic . Water, soil or other materials shall not be allowed to flow or spray across or into the public right-of-way between the edge of the curb/gutter to the center of the public right-of-way designated on Exhibit "B" . The Improvement Area shall be free from weeds, debris and harmful insects at all times . All such gardening and maintenance practices so performed by Licensee shall conform to the standards set forth in the City' s arboricultural and landscape standards and specifications issued by the Department of Public Works . (b) Utilities . Licensee shall pay all utility costs associated with operating the irrigation systems (i . e. , water and electrical) which Licensee is obligated to maintain in accordance with Paragraph 3(a) above. 5 . Installation Damage. In the event any damage is caused to the curb, gutters , sidewalk, street or utilities within the Improvement Area as a result of the installation of the street trees and/or maintenance of the Licensee ' s Improvements within the Improvement Area by Licensee, Licensee shall promptly repair the same at its own expense. 6 . Repair by City. In the event any damage is caused to any of the Licensee ' s Improvement within the Improvement Area as a result of any installation, maintenance and/or repair work performed by City or its contractors or employees within the Improvement Area, City shall promptly repair the damage at its sole cost and expense. 7 . Cooperation. In the event both Licensee and City are required to repair damage to improvements within the Improvement Area, the parties shall cooperate with each other so as to minimize the costs incurred by each of them. To the extent maintenance of any of the Licensee' s Improvements requires access to any real property owned by the California Department of Transportation, as opposed to City, City shall cooperate with Licensee by contacting said department in order to obtain the necessary permits, approvals and/or agreements required to permit such access . . 8 . Failure to Maintain. In the event Licensee does not maintain the Licensee ' s Improvements, City may cause such maintenance to be performed and all costs thereby incurred shall be assessed to and billed directly to Licensee. Payment shall be due within thirty (30) days of billing . In the event City fails to perform its obligations hereunder after a reasonable period of 998 : 2/93 : SCLk 3 time, including , but not limited to, repairing any damage to Licensee ' s Improvement pursuant to Section 6 above, Licensee may cause any such work to be performed and City shall promptly reimburse Licensee an amount equal to the actual costs incurred by Licensee to repair such improvements, which reimbursement shall be due no later than thirty (30) days after billing by Licensee for the same. 9 . Material Alterations . Licensee shall make no material change in the placement or type of street trees or other improvements utilized within the Improvement Area nor shall the design of the Improvement Area be materially changed without the prior written consent of City. 10 . Assignment . Except as expressly provided below, this License may not be assigned by Licensee. Notwithstanding the foregoing, Licensee may assign its rights and delegate its duties hereunder to any successor-in-interest of Licensee as the owner of the Site . Upon such assignment, the assignor shall be automatically released from its obligations hereunder from and after the date of such assignment . 11 . Indemnification, Defense, Hold Harmless . Licensee hereby agrees to protect, defend, indemnify and hold and save harmless City, its officers, and employees against any and all liability, claims , judgments, costs and demands, however caused, including those resulting from death or injury to Licensee ' s employees and damage to Licensee ' s property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, including those arising from the passive concurrent negligence of City, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of City. Licensee will conduct all defense at its sole cost and expense. City shall be reimbursed by Licensee for all costs incurred by City in enforcing this obligation. 12 . Workers ' Compensation Insurance Pursuant to the California Labor Code Section 1861, Licensee acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; Licensee covenants that it will comply with all 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 Hundred Thousand Dollars ($100 , 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to City. 498 : 2/93 : SCLk 4 13 . Insurance. Licensee shall carry at all times incident hereto, on all activities to be performed in the public right of way as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to City. Said insurance shall name the City, its officers, agents and employees as Additional Insureds . Licensee shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than 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 and agrees to provide certificates evidencing the same. 14 . Certifications of Insurance: Additional Insured Endorsement . Prior to conducting any activity pursuant to this License, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages 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 cancelled without thirty (30) days prior written notice to City. Licensee shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Licensee under this Agreement . City or its representative shall at all times have the right to demand the original or 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 each of Licensee ' s insurance policies, naming the City, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the commencement of work pursuant to this License . 15 . Independent Contractor . Licensee agrees that all work done or undertaken by it on the Site shall be for its sole account and not as an agent , servant or contractor for City. Licensee agrees to indemnify and hold City harmless from and against all claims or liens of workers and material/suppliers . 16 . Notices . All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail , postage prepaid, and certified with return receipt requested and addressed to Licensee or to City at the respective addresses shown below: 498 : 2/93 : SCLk 5 CITY: LICENSEE: Mr . Louis F. Sandoval Abdelmuti Development Company Director of Public works 200 Main Street, Suite 101 City of Huntington Beach Huntington Beach, CA 92648 2000 Main Street Huntington Beach, CA 92648 17 . Non-Exclusivity. This License is nonexclusive, and the Improvement Area shall at all times be open to use by the general public. 18 . Nondiscrimination. Licensee agrees that in the performance of this Agreement and use of the Improvement Area it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, martial status or sex. 19 . Recordation. This Agreement shall be recorded with the County Recorder of Orange County, California . 20 . Successor and Assigns . This instrument shall bind and insure to the benefit of the owners of the Site and their respective successors, heirs, personal representatives and assigns . The parties desire to enter into this Agreement in accordance with Civil Code Section 1468 in order to establish provisions that shall run with the land and be binding upon and insure to the benefit of the parties hereto and their successive owners . 21. Entire Agreement . This instrument contains the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral \ END OF PAGE 498 : 2/93 : SCLk 6 representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, signed by the parties to be charged . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. LICENSEE: CITY: ABDELMUTI DEVELOPMENT COMPANY, CITY OF HUNTINGTON BEACH, a a California General partnezthLD California municipal corporation Ahmad Abdelmu Mayor Genera Partner ATTES City erk %/1YA3 APPROVED AS TO FORM: zy S City Attorney 3 '7� ND APPROV • I ITIATED A PP OVED City A ministrator Directo of Public Works 998 : 2/93 : SCLk 7 STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On 3- (0 7 3 before me, I� tc iyA � o VAn't�,' RP�rI 5 personally appeared AI+mwn AEf r i u T I personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person (s3 whose name (-a) is/a-r-e- subscribed to the within instrument and acknowledged to me that he/sue/Wa4ay executed the same in his/har/t4e�r authorized capacity(i:es) , and that by his/k3e4�t4te-rr signature (s) on the instrument the person (a) or the entity upon behalf of which the person (-&) acted, executed the instrument . Witness my hand and official seal . NotOV P'� o y b r otar Public ORANGE COUNTY [SEAL] My Apd 1 . 1 6plres 996 STATE OF CALIFORNIA ) �Ylc rt ) s s . COUNTY OF ) On 5// 3 �9 � before me, LJiL-,- personally appeared G'ac.e personally known to me (or proved to me on the basis -of—satisfac- tory-evidence) to be the person (s) whose name (9) is/a-r-e subscribed to the within instrument and acknowledged to me that -he/Qij /-t-hey executed the same in hi-s-/�hQr�their authorized capacity (i-es) , and that by has/`her,/the#r signature (-s) on the instrument the person ('s) or the entity upon behalf of which the person (b) acted, executed the instrument . Witness my hand and official seal . ' i-- i OFFICUIL NOTARY SEAL i Notary Public "tt UURA A.NELSON[SEAL] Notary Public—Calitomla ORANGE COUNTY My Comm.Ezpx7rs JUL O®.ifiES h- 8 S EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows : Parcel 1 of Parcel Map No. 91-235 , as shown on a map filed in Book 275 , Pages 1-3 of Parcel Maps, records of Orange County, California, owned by Grantor. EXCEPTING THEREFROM the most Westerly Northwesterly ten (10) feet of said parcel Map adjoining Lot 7 in Block 104 of the Map of Huntington Beach, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3 , Page 36 of Miscellaneous Maps, records of Orange County, California. FURTHER EXCEPTING THEREFROM the most Easterly North- easterly ten (10) feet of said Parcel Map, adjoining Lot 17 in Block 104 of the Map of Huntington Beach in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3 , Page 36 of Miscellaneous Maps, records of Orange County, California. FS1X38310143M0001%23453. 11104M EXHIBIT "A" I l ,l fl • • II � II ! t ' I I l it II t!!ii)I 111 I Y� s I�' i I I I f!t Il I 1 lfll!t±.j ! ; a� ! i, 1 1`. f I ( 11 •i � ! � � � III i 1 ' III ���.::! W Ball lit�� o III' { � � 1 i 1 • � I; 1 1J � : olllilill : lill;lif li 1 � b Z y Lo N 3 Z I H c~n a: Q LIJ Qv aJ : o 'ifs vi 11 I LL1 ? _ LLJ as g •i_ ui u " f K �i r II I > r .. .•I z I V EXHIBIT "BII NATIONWIDE DATE ProduCCP+'Eo..wc,o.c..rwmmoa a..z.•co.u..eo:.o.ro.me THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, Champplin Insurance Sr-v. Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 25431 Cabot Rd. Ste 113 Laguna Hills, CA 92653 COMPANIES AFFORDING COVERAGES Company (714 ) 951-1291 Letter A NATIONWIDE INSURANCE COMPANY Company Insured JACKSOI Letter B JACK'S SURF & SPORT Company FAWZI ABDELFATTAH Letter C ABDELMUTI DEVELOPMENT CO. 211A MAIN STREET Company HUNTINGTON BEACH, CA 92648 Letter D Company Letter E THIS IS T CERTIFY THAT TIIEPOLIC IES FIN URANCE LISTED BEL W HAVE BEEN ISSUED TO THE IN URED NAMED ABOVE F R THE POLICY PER- IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURA14CE AFFORDED BY THE POLICIES DESCRIBED HERE114 IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NONGER POLICY EFF DATE POLICY EXP DATE LIMITS LTR (mn/dd/yy) (mn/dd/yy) GENERAL LIABILITY General Aggregate $1, 000 , 000 Prod-comp/ops Agg $1, 000, 000 A [J] Commercial General Liab. 73PR001078-5007 02/08/93 02/08/94 Pers & Adv Injury $1, 000,000 [ ]Claims Made [%!]Occur Each Occurrence $1,000, 000 Owner's & Contractors Fire Damage $ 50, 000 Protective (Any one fire) [ ] Medical Payments $ 5 000 [ ] (Any one person) AUTOMOBILE LIABILITY Combined $ 500, 000 A [ Any Auto 73BA001078-0001 02/08/93 02/08/94 Single Limit [�/l All Owned Autos Bodily Injury $ [ ] Scheduled Autos _ (Per Person) Hired Autos c =Q0!:. [J Non - Owned Autos hI P p IFril AS I [ Bodily Injury $ Garage Liability Gi..':.. [i ":;li ' - [ ] (Per Accident) B'y i;a;,;cal �:i: c•.ne: b Property Damage $ EXCESS LIABILITY Each Occurrence S 2, 000, 000 A NUmbrella Form 73CU001078-0008 2/08/93 02/08/94 Aggregate 5 2 000 000 [ l Other Than Umbrella Form ,. .> . WORKER'S COMPENSATION [ ✓J Statutory `,¢°, A AND 73WC001078-0010 02/08/93 02/08/94 Each Accident 00 EMPLOYER'S LIABILITY Disease-Pol Limit S 500, 000 Disease-Each Empl S 100, 000 OTHER ADD'C Description Of Operations/Locations/Vehicles/Special Items Should any of the above described policies be cancelled before the CITY OF HUNTINGTON BEACH R expiration date thereof, the issuing company will 2000 MAIN STREET mail 30 days written notice to the certificate holder named to the HUNTINGTON BEACH CA 92648 left ATTN: BARBARA KAISER � Authorized Representative �,"`titA�TJ:a:.:�� .�'.': ti°w. L.: 9:. �. . . :�."r. _,.wry h.•. ,«..5.'av::r„w .G .. .. .... .. ... _ POLICY NUMBER: 72 PR 001078 5007 NAMED INSURED: ,TACK'S SURF & SPORT 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAI. GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 WHO IS AN INSURED (Section III is amended to include as an insured the Person or Organiza- tion in the Schedule, but this insurance with respect to such Person or Organization applies onh to the extent that such Person or Organization is held liable for your acts or omissions arising out of and in the course of operations performed for such Person or Organization by you or your sub- contractor. PRIMARY INSURANCE COVERAGE PROVIDED TO THE ADDITIONAL INSURED UNDER THIS ENDORSEMENT IS PRIMARY, BUT ONLY WITH RESPECT TO ACTS OR OMISSIONS OF THE NAMED INSURED. ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS DEEMED TO BE EXCESS AND NON-CONTRIBUTORY WITH THE INSURED PROVIDED HEREWITH. THIS ENDORSEMENT EXPIRES ON 02/08/94