HomeMy WebLinkAboutGarfield Beach CVS, LLC - 2013-03-04AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 39 WITHIN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and executed effective this 6 day of FebtUAnl,
20LS by and between the State of California, acting through its Department of
Transportation, hereinafter referred to as "STATE," and the City of Huntington Beach,
hereinafter referred to as "CITY," together referred to as "PARTIES".
WITNESSETH
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
Encroachment Permit Number 1211-6RC-0294.
2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation
systems, (collectively the "LANDSCAPING") 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.
Section I
In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
a) PARTIES have agreed to an allocation of maintenance responsibilities that
includes, but is not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter
"MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit
«A„
b) 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 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 formal
amendment to this Agreement will be required.
Section II
CITY agrees, at CITY's expense, to do the following:
a) 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.
b) 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.
c) 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.
d) 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.
e) CITY contractors will be required to obtain an Encroachment Permit prior to the
start of any work within STATE's right of way.
f) To furnish electricity for irrigation system controls, water, and fertilizer necessary
to sustain healthy plant growth during the entire life of this Agreement.
g) To replace unhealthy or dead plantings when observed or within 30 days when
notified in writing by STATE that plant replacement is required.
h) 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.
i) 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.
j)_ ^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. All
chemical spray operations shall be reported quarterly (form LA17) to the STATE
to: the District Maintenance at:
Attention: District Maintenance Senior Landscape Architect
Caltrans District 12
3347 Michelson Drive, Suite 100
Irvine, CA 92612-8894
k) To expeditiously repair any STATE facility damage ensuing from CITY's
LANDSCAPE, sign and presence and, activities, including, but not limited to,
damaged caused by plants and plant roots and to reimburse STATE for its costs to
repair the STATE facility damage ensuing from CITY's LANDSCAPE
presence and activities should STATE be required to cure a CITY default.
1) )To remove LANDSCAPING and appurtenances and restore STATE owned areas
to a safe and attractive condition acceptable to STATE in the event this Agreement
is terminated as set forth herein.
m) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the
safe operation and condition of the LANDSCAPING.
n) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
o) To MAINTAIN all parking or use restrictions signs encompassed within the area of
the LANDSCAPING.
p) To allow random inspection of LANDSCAPING by a STATE representative.
q) To keep the entire landscaped area policed and free of litter and deleterious
material.
r) All work by or on behalf of CITY will be done at no cost to STATE.
Section III
STATE agrees to do the following:
a) 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.
b) Issue encroachment permits to CITY and CITY's contractors at no cost to them.
Section IV
Legal Relations and Responsibilities:
a) 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.
b) If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that MAINTENANCE on behalf of CITY
at CITY expense or direct CITY to remove or itself remove LANDSCAPING (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, STATE will
provide written notice to CITY to cure the default and CITY will have thirty (30)
days within which to effect that cure.
c) 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.
d) 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.
e) Prevailing Wage Requirements: 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
construction, alteration, demolition, installation, repair or maintenance CITY must
conform to the provisions of Labor Code sections 1720 through 1815, all applicable
regulations and coverage determinations issued by the Director of Industrial
Relations. 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.
f) Prevailing Wage 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).
Subcontracts shall include all prevailing wage requirements set forth in CITY's
contracts.
g) Insurance
CITY and their contractors shall 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 of California, 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 Department that shall be delivered
to Department with a signed copy of this Agreement.
h) 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 Termination by STATE.
i) 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 &c 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY OF HUNTINGTON BEACH, a
Municipal corporation of the State of
California
INITIATED AND APPROVED:
Director of Public Works
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
City Att rney o V - )s � �-- ( 3
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
James PII inheiro
Deputy t;\ strict Director
Operations and Maintenance
By: c 6Ww
Attorney
Department of Transportation
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LEGEND
j �-SIDEWALK
� CURB
WARNER AVE.
AREAS LANDSCAPED TO BE MAINTAINED
<-- STATE R.O.W.
LANDSCAPE
AREA
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NO SCALE
EXHIBIT 'A
IMPROVEMENT
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MAINTENANCE
STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN JR Govemor
DEPARTMENT OF TRANSPORTATION
3347 MICHELSON DRIVE, SUITE 100
IRVINE, CA 92612-8894
PHONE: (949) 724-2659
FAX: (949) 724-2623
TTY: (949) 756-7813
July. 16, 2013
Ms. Joan Flynn
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Landscape Maintenance Agreement on Route39 with City of Huntington Beach
Dear Ms. Flynn:
Flex your power!
Be energy efficient!
Enclosed is one executed copy of the above referenced Maintenance Agreement for your files.
Thank you for your cooperation and effort in developing this agreement. If you have any questions, please
contact me at (949) 440-4440.
Sincerely,
"4/-e'L d4l� -
Khaleda Akans
Maintenance Engineering Branch
District 12
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Dept. ID PW 13-002 Page 1 of 2
Meeting Date: 3/4/2013
ig0dt lv —0 ' 1
MEETING DATE: 3/4/2013
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 of Agreements for Landscape Maintenance on
Beach Blvd. for the CVS Pharmacy Development located at the northwest corner
of Beach Boulevard and Warner Avenue
Statement of Issue:
The conditions of approval for the CVS Pharmacy development located at the northwest corner of
Beach Boulevard and Warner Avenue (Site Plan Review 10-002), required that the developer
(Garfield Beach CVS, LLC) execute a Landscape Maintenance License Agreement with the City of
Huntington Beach for continuing maintenance and liability of landscaping improvements in the
public right-of-way along the project frontage; and, that a separate companion Master Agreement
be executed between the City and the State of California Department of Transportation (Caltrans)
for this landscape maintenance responsibility. These agreements are now presented for approval
and execution.
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the "Agreement for Landscape
Maintenance Within State Highway Right of Way on Route 39 Within the City of Huntington Beach"
with Caltrans for maintenance of landscaping improvements along the Beach Boulevard project
frontage (Attachment 1).
B) Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement
Between the City of Huntington Beach and Garfield Beach CVS, LLC to Provide the Installation and
Maintenance of Landscaping Improvements in the Public Right -of -Way" (Attachment 2).
Alternative Action(s):
A) Do not authorize execution of the Agreement for Landscape Maintenance with Caltrans and
direct staff accordingly. This alternative action may prevent the developer from meeting the
Conditions of Approval for this development.
B) Do not authorize execution of the License Agreement between the City and the developer
(Garfield Beach CVS LLC) for the maintenance of landscaping improvements in the public right of
way and direct staff accordingly. Absent this License Agreement, the City would be responsible for
the landscaping maintenance, pursuant to the execution of the Agreement for Landscape
Maintenance between the City and Caltrans. This alternative action may prevent the developer
from meeting the Conditions of Approval for this development.
HB -31- Item 5. - I
Dept. ID PW 13-002 Page 2 of 2
Meeting Date: 3/4/2013
Analysis:. .
The subject project is located at the northwest corner of Beach Boulevard and Warner Avenue and
includes a 14,452 square ft. retail/pharmacy building with drive-thru, parking lot and associated site
improvements. The site is located within the boundaries of the Beach -Edinger Corridor Specific
Plan and is therefore subject to the Specific Plan requirements, including the installation of special
landscaping and other improvements in the public right-of-way along the project frontage.
The Conditions of Approval for the project were approved by the City's Planning Commission on
November 30, 2010 (Attachment 3). Condition of Approval Number 3a requires that the developer
provide a Landscape Maintenance License Agreement to address continuing maintenance and
liability of all landscaping, irrigation, furniture and enhanced hardscape that is located within the
public rights -of -way. Said agreement is required to be applicable to a Caltrans Master Agreement
to be executed between Caltrans and the City for the public right-of-way along the Beach Boulevard
project frontage.
Caltrans' policy is to only execute such agreements with other agencies, not private developers.
Consequently, there are two agreements necessary for this landscape maintenance responsibility:
one between the City and Caltrans and a second companion agreement between the City and the
private developer, which transfers the maintenance responsibility from the City to the developer.
Caltrans will not sign and execute the agreement until it is first approved and signed by the public
agency first.
Public Works Commission Action:
Not applicable
Environmental Status:
The subject request is exempt pursuant to the California Environmental Quality Act.
Strategic Plan Goal:
Enhance economic development
Attachment(s):
Landscape Maintenance Agreement with Caltrans for Maintenance of Landscaping
Improvements in State Right -of -Way along the Beach Boulevard Project Frontage
2. License Agreement with Garfield Beach CVS, LLC for Maintenance of Landscaping
Improvements in Public Right -of -Way
3. Notice of Action for Site Plan Review No. 10-002/Tentative Parcel Map No. 10-041 (Beach
Warner CVS Pharmacy)
Item 5. - 2 HB -32-
r , - - �,. - �_.. - -
- - _ _ - �j
AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 39 WITHIN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and executed effective this day of ,
20_ by and between the State of California, acting through its Department of
Transportation, hereinafter referred to as "STATE," and the City of Huntington Beach,
hereinafter referred to as "CITY," together referred to as "PARTIES".
WITNESSETH
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
Encroachment Permit Number 1211-6RC-0294.
2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation
systems, (collectively the "LANDSCAPING") 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.
Section I
In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
a) PARTIES have agreed to an allocation of maintenance responsibilities that
includes, but is not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter
"MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit
"A„
b) 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 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 formal
amendment to this Agreement will be required.
Section II
CITY agrees, at CITY's expense, to do the following:
a) 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.
b) 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.
c) 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.
d) 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.
e) CITY contractors will be required to obtain an Encroachment Permit prior to the
start of any work within STATE's right of way.
f) To furnish electricity for irrigation system controls, water, and fertilizer necessary
to sustain healthy plant growth during the entire life of this Agreement.
g) To replace unhealthy or dead plantings when observed or within 30 days when
notified in writing by STATE that plant replacement is required.
h) 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.
i) 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.
j) 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. All
chemical spray operations shall be reported quarterly (form LA17) to the STATE
to: the District Maintenance at:
Attention: District Maintenance Senior Landscape Architect
Caltrans District 12
3347 Michelson Drive, Suite 100
Irvine, CA 92612-8894
k) To expeditiously repair any STATE facility damage ensuing from CITY's
LANDSCAPE, sign and presence and, activities, including, but not limited to,
damaged caused by plants and plant roots and to reimburse STATE for its costs to
repair the STATE facility damage ensuing from CITY's LANDSCAPE
presence and activities should STATE be required to cure a CITY default.
1) )To remove LANDSCAPING and appurtenances and restore STATE owned areas
to a safe and attractive condition acceptable to STATE in the event this Agreement
is terminated as set forth herein.
m) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the
safe operation and condition of the LANDSCAPING.
n) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
o) To MAINTAIN all parking or use restrictions signs encompassed within the area of
the LANDSCAPING.
p) To allow random inspection of LANDSCAPING by a STATE representative.
q) To keep the entire landscaped area policed and free of litter and deleterious
material.
r) All work by or on behalf of CITY will be done at no cost to STATE.
Section III
STATE agrees to do the following:
a) 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.
b) Issue encroachment permits to CITY and CITY's contractors at no cost to them.
Section IV
Legal Relations and Responsibilities:
a) 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.
b) If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that MAINTENANCE on behalf of CITY
at CITY expense or direct CITY to remove or itself remove LANDSCAPING (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, STATE will
provide written notice to CITY to cure the default and CITY will have thirty (30)
days within which to effect that cure.
c) 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.
d) 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.
e) Prevailing Wage Requirements: 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
construction, alteration, demolition, installation, repair or maintenance CITY must
conform to the provisions of Labor Code sections 1720 through 1815, all applicable
regulations and coverage determinations issued by the Director of Industrial
Relations. 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.
f) Prevailing _Wage 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).
Subcontracts shall include all prevailing wage requirements set forth in CITY's
contracts.
g) Insurance
CITY and their contractors shall 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 of California, 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 Department that shall be delivered
to Department with a signed copy of this Agreement.
h) 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 Termination by STATE.
i) 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY OF HUNTINGTON BEACH, a
Municipal corporation of the State of
California
�� �V�
Mayor
INITIATED AND APPROVED:
i
Director of Public Works
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
C 1 ) f .
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City Attrney -,? ) V (�1 �% ✓
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
By:
James Pinheiro
Deputy District Director
Operations and Maintenance
By:
Attorney
Department of Transportation
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CVS PHARMACY i
16961 BEACH BLVD.
HUNTINGTON BEACH, CA 92649
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AREAS LANDSCAPED TO BE MAINTAINED
CURB
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(SR-39)
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STATE R.O.W.
LANDSCAPE
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EXHIBIT A
IMPROVEMMENT AREA PER
MAINTENANCE AGREEMENT
City Of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
March 15, 2013
Kevin Tong
Caltrans
3347 Michelson Drive, Suite 100
Irvine, CA 92612
Dear Mr. Tong:
Enclosed please find three originals of "Agreement for Landscape Maintenance Within
State Highway Right of Way on Route 39 Within the City of Huntington Beach."
Upon execution by the all parties, please return one complete copy to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF: pe
Enclosure: Agreements
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Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
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This Document was electronically recorded by
City of Huntington Beach
REG)RDING REQUESTED BY:
CITY OF HUNTINGTON BEACH
WHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
P.O. Box 190 / 2000 Main Street
Huntington Beach, CA 92648
Fee exempt per Government Code § 6103
Recorded in Official Records, Orange County
Renee Ramirez, Assistant Clerk Recorder
1111111111111111111111111111111111111111111111111111111111111111111111111IN0 FEE
2013000140619 12:15pm 03/07/13
93 406 Al2 18
0.00 0.00 0.00 0.00 51.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LICENSE AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH
AND GARFIELD BEACH CVS, L.L.C.,
TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING
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 GARFIELD BEACH CVS, L.L.C. a California LIMITED LIABILITY
COMPANY, hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE is the owner of certain real property located in the City of
Huntington Beach, County of Orange, State of California, which is a commercial development
commonly known as Beach and Warner CVS and more particularly described in the legal
description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"); and
WHEREAS, CITY is the owner of certain public rights -of -way and other property in the
immediate vicinity of the Property (the "Improvement Areas"), which Improvement Areas are
more particularly described in Exhibit "B" attached hereto and incorporated herein by this
reference; and
WHEREAS, California Department of . -Transportation, hereinafter referred to as
"CALTRANS", is the owner of certain public rights -of -way and other property in the Improvement
Areas, and the CITY has or will enter into a maintenance agreement with CALTRANS to maintain
the Improvement Areas; and
WHEREAS, in connection with and as a condition of development of the Property, CITY
desires to assign responsibility for the installation and maintenance of landscaping 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 desires to clarify and specifically delineate the LICENSEE's
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:
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 within the Improvements 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 this Agreement upon thirty (30) days written notice to LICENSEE.
LICENSEE (for itself, and its successors and assigns) agrees that this Agreement and the
rights and obligations contained herein run with the land, and are binding upon and shall
insure to the benefit of the owner of the Property, as the burdened parcel, and the rights, and
obligations contained herein shall bind and inure to the LICENSEE's successors in interest,
assigns, heirs, executors, and/or personal representatives. This Agreement and the
covenants contained herein inures to the benefit of CITY as the owner of the Improvement
Areas, as the benefited parcel.
3. TERMINATION. In the event of any such termination and upon request by CITY,
LICENSEE and its successors and assigns shall be obligated to deliver the Improvement
Areas in compliance with the maintenance provisions set forth in this Agreement. At the
CITY's request the LICENSEE or its successors and assigns may be required to disconnect
existing water and electrical supply sources to the Improvement Areas from the Property,
and construct and reconnect alternative water and electrical supply sources to the
Improvement Areas to the satisfaction of CITY.
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 and CALTRANS relative to the Property and the subject commercial
development thereof. The landscaping and other improvements within the Improvement
Area for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair,
2
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 commercial development thereof
submitted by LICENSEE and approved by the CITY and the irrigation systems serving the
same.
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; 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 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:
Provide and apply fertilizer as necessary to sustain healthy growth. Maintain a
separate irrigation system and pay all repairs, water and electrical cost.
ii. 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.
iii. Keep plantings trimmed to eye pleasing appearance.
9
iv. Use only those pesticides and fertilizers approved by the State of California and in
a manner consistent with label and legal restrictions.
V. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are
observed.
vi. 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.
vii. Maintain, repair and operate irrigation system in a manner that prevents water
from flooding onto the right-of-ways.
viii. 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 the contractor or persons responsible to the Home
Owners Association and/or the CITY.
ix. If for any reason LICENSEE is unable to maintain the area in a manner
satisfactory to the CITY, LICENSEE shall re -landscape the area to a condition
acceptable to the CITY at LICENSEE's sole cost and expense.
X. Remove landscaping and restore area to original condition prior to planting or to a
less onerous condition acceptable to CITY representatives in the event this
agreement is terminated under the terms set forth herein.
xi. 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
L
access area, the street right-of-way from the edge of the curb/gutter to the center
of any street right-of-way.
xii. Conform to all applicable Best Management Practices set forth in the CITY of
Huntington Beach Local Implementation Plan Section A-9, Existing
Development Exhibit A-9.11, BMP Fact Sheet 1C7 Landscape Maintenance.and
the Arboricultural and Landscape Standards Specification issued by the
Department of Public Works.
b. Utilities Servingthe 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.
C. Signag_e. LICENSEE shall repair and maintain during the Term any signage constructed
and installed on the Improvement Areas.
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
Improvement 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
and CALTRANS requirements prior to performing any work on Improvement Areas in the
public right-of-way.
5
y. PREVAILING WAGE REQUIREMENTS. 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 construction, alteration, demolition, installation, repair or
maintenance LICENSEE must conform to the provisions of Labor Code sections 1720
through 1815, all applicable regulations and coverage determinations issued by the Director
of Industrial Relations. LICENSEE agrees to include prevailing wage requirements in its
contracts for public work.
10. PREVAILING WAGE REQUIREMENTS IN SUBCONTRACTS. LICENSEE 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). Subcontracts for public works shall include all
prevailing wage requirements set forth in CITY's contracts.
11. 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.
12. 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 calendar days of the date of the breakage
or destruction. Stolen items will be considered destroyed for purposes of this Section 10.
13. 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.
14. 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. To the extent maintenance of any of the LICENSEE's
rc
Improvements require access to any real property owned by CALTRANS, rather than CITY,
CITY shall cooperate with LICENSEE by contacting CALTRANS on behalf of LICENSEE
and assist in obtaining the necessary permits, approvals and/or agreements required to
permit LICENSEE such access.
15. 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' lien(s) or liability under the mechanics' lien laws of
the State of California.
16. ASSIGNMENT. The License herein granted is personal to LICENSEE any attempt to
assign the License to any other entity shall require the prior approval of the CITY and is
subject to the provisions set forth in Section 38 below. 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 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.
17. 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
7
($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.
18. 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 Two Million Dollars
($2,000,000). 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.
19. 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 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.
20. 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.
21. 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.
22. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its
officers, employees, contractors, LICENSEEs, invitees and all other doing business with
LICENSEE to obey and observe) all rules and regulations of general applicability regarding
E
the Improvement Areas as may be reasonably established by CITY at any time and from
time to time during the Term of this Agreement.
23. 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, one and a half (1-1 /2%) interest per month shall be added for
each month payment hereunder is due but unpaid.
In the event CITY fails to perform its obligations hereunder after a reasonable period of
time, including, but not limited to, repairing any damage to LICENSEE's Improvements,
LICENSEE shall first provide written notice to LICENSEE in the manner and at the address
provided in Section 23, describing the alleged default by LICENSEE. If CITY fails to cure
within thirty (30) calendar days of receipt of the notice, 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 LICENSEE's Improvements, which
reimbursement shall be due no later than thirty (30) days after receipt of invoice. In addition,
one and a half (1-1 /2%) interest per month shall be added for each month payment hereunder
is due but unpaid.
24. 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.
25. 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
10
(iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and
addressed as follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
Tel: (714) 536-5431
Facsimile: (714) 374-1573
TO LICENSEE:
Garfield Beach CVS, L.L.C.
One CVS Drive
Woonsocket, RI 02895
Attn: Property Administration Department Store
No. 07088
Tel: (401) 770-7472
Facsimile: (401) 216-0941
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.
26. 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.
27. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the
County of Orange, State of California.
28. NON -EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at
all times be open to use by the general public.
29. 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.
30. COOPERATION. LICENSEE shall in good faith cooperate in connection with its
respective rights and obligations under this Agreement, including, but not limited to,
11
performing any acts and executing any further documents that may be reasonably necessary
to effectuate the purposes of or rights conferred under this Agreement.
31. 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.
32. 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.
33. 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 form the nonprevailing party.
34. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above,
LICENSEE acknowledges and agrees that the CITY has the right and standing, but not the
obligation, to enforce any of the terms of this Agreement by any appropriate legal and/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.
35. 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.
36. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only
by the written agreement of LICENSEE and the CITY, or the successors and assigns of each.
37. 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
12
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 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.
38. DELEGATION OF AUTHORITY. CITY hereby delegates to CITY Administrator or his
or her designee the authority to implement all provisions of this Agreement.
39. SUCCESSORS AND ASSIGNS. Subject to Section 14 above, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns (except as otherwise specifically provided in Section 39 below), including without
limitation all grantees and other successors -in -interest of CITY and LICENSEE in any
portion of the Improvement Areas. Subject to Section 14 above, LICENSEE shall provide
prior notice of any assignment of LICENSEE's rights and obligations hereunder and any
such assignment shall either (a) include the insurance provisions hereunder or (b) shall
include insurance provisions approved by CITY.
40. 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.
41. SURVIVAL. All representations, warranties, waivers, and indemnities given or made
hereunder shall survive termination of this Agreement.
42. 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.
13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers on aim��1�13 2414.
LICENSEE:
GARFIELD BEACH CVS, L.L.C.,
CITY:
CITY OF HUNTINGTON BEACH,
a California limited liability company a California municipal corporation
By:
_ k
Mayor
print name
ITS: (circle one) Chairman/Preside /Vice
President
AND
BY:
ecFetar,�—
prin ne
ITS: (circle or Secretary/ hief Financial
Officer/Asst. Secretary - reasurer
CVS LEGAL APPROVAL:
By:
Assistant Secretary
print name
V-X
CitV (Ilerk
INITIATED AND APPR VED:
Director of Public Works
APPROVED AS TO FORM:
(YUU UL'k,
City Attorney , n�
14
State of Oaiifarma
County of V"rlo";,C -2
VIA
On 2012, before me, 7 San ' I , �� p Notary Public,
personally appeared MQLl M*i -?,A , personall known to me (or proved
to me on the basis of satisfactory evidence) to be the personN whose name( is/ 0 subscribed to
the within instrument and acknowledged to me that he/sl3e y executed the same in his/her./_their.
authorized capacity(tes), and that by his,�ez�n signatureN on the instrument, the person(, or
the entity upon behalf of which the personN acted, executed the instrument.
WITNESS my hand and -ffic'�al al.
Signature - Al
State of GaH-fo��
County of &10 c ,�
Susan M.Schadone
(Seal) Notary Public
State of Rhode Island
My COMMISF OM MOM 03109/20/6
�YIJ .
On 2012, before me, Notary Public,
n
personally appeared rnG,� i ��u�� personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(�whose name(,.) is/ftfe
subscribed to the within instrument and acknowledged to me that -he/she/trey executed the same in
-his/her/their- authorized capacity(ies)5 and that by h�s/her/their-signature(s) on the instrument, the
person'N, or th entity upon behalf of which the person(s) acted, executed the instrument.
WITN S my hand al.
Signature , (Seal)
Susan M.Schadone
Notary Public
State of Rhode island
My C®MMISMan Expires 03/09/2016
15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
CIVIL CODE § 1189
County of
Onty)W0,406.4W beforem L � e, � ,
Date /} Here Insert N me and Title of the Officer
personally appeared (DA)A)l /�i��i+1�4,�� &1 ti. ��ir4>� L • S�iJ�
Name(s) of Sioner(s)
who proved to me on the basis of satisfactory
evidence to be the persogN whose name are
subscribed to the within instrument and acknowledged
to me that #aeAs a executed the same in
bisLher heD authorized capaciV and that by
I�is/t�e eir signatureo on the instrument the
perso , or the entity upon behalf of which the
personio acted, executed the instrument.
P t . ESPARZA I certify under PENALTY OF PERJURY under the
'' • Commission # 185702] laws of the State of California that the foregoing
a = Notary Public - California D paragraph is true and correct.
z : ..
z Orange County
My Comm. Expires Aug 4, 2013
. WITNESS my ha nd official seal.
Signature: '
Place Notary Seal Above §gnatur o No Pubic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document mil,, ll
Title or Type of Document: L E' a17Ff a�
Document Date: 34, O1013 Number of Pages: ,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
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❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
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Signer Is Representing:
2012 National Notary Association e NationalNotary.org • 1-800-US NOTARY (1
Item #5907
EXHIBIT 66A"
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 2011-132, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 337, PAGES 16-18, OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
O O
�I
I
W
t� 70. SIDEWALK
CURB
4'
CVS PHARMACY ,
6
3 16961 BEACH BLVD.
HUNTINGTON BEACH, CA 92649
0
CURB
WARNER AVE. SIDEWALK
LEGEND
"'. NO SCALE
AREAS LANDSCAPE TO BE MAINTAINED.
-EXHIBIT B
J.15804
IMPROVEMENT AREA PER
5620 FRIARS ROAD
LANDSCAPE MAINTENANCE AGREEMENT
SAN DIEGO, CA 92110 RICK0
619.291.0707
ENGINEERING COMPANY (FAX)619.291.4165
R.\15804\15804_Exhlblt-B.dgn
31-AUG-2011 16.30
City ®f Huntington Beach
2000 Main Street * Huntington Beach, CA 92648
(714) 536-5227 ® wvvw.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
March 15, 2013
Garfield Beach CVS, LLC
One CVS Drive
Woonsocket, RI 02895
Attn: Property Administration Department Store #07088
To Whom It May Concern:
Enclosed for your records is a copy of the fully executed and recorded "License Agreement
Between the City of Huntington Beach and Garfield Beach CVS, LLC to Provide Installation
and Maintenance of Landscaping Improvements in the Public Right -of -Way."
Sincerely,
Jo n L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
G:followup:agrmtltr
Sister Cities: Anjo, Japan * Waitakere, New Zealand
ATTACHMENT
i
HB -59- Item 5. - 29
'1
®f Huntinat®n Beach
7.
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.huntingtonbeachca.gov
Planning Division Building Division
714.536.5271 714,536.5241
NOTICE OF ACTION
November 30, 2010
Curt Pringle & Associates
c/o Austin Rodgers
2400 E. Katella Avenue, Suite No. 350
Anaheim, CA 92806
SUBJECT: SITE PLAN REVIEW NO. 10-002/ TENTATIVE PARCEL MAP
NO. 10-041 (BEACH WARNER CVS PHARMACY)
APPLICANT: Curt Pringle & Associates, c/o Austin Rodgers
REQUEST: SPR: To permit the construction of an approximately 14,452 sq.
ft, retail/pharmacy building which includes a drive-thru, 51 space
parking lot, and associated site improvements. TPM: To permit
the consolidation of 40 separate parcels into one totaling 44,660
sq. ft. to facilitate the construction of a proposed retail/pharmacy
building.
PROPERTY OWNERS: Garfield Beach CVS, LLC, 18818 Teller Avenue, Suite No. 100,
Irvine, CA 92612 (16941 Beach Boulevard & 7943 Warner
Avenue)
Ralph E. Taylor, 19752 MacArthur Boulevard, Suite No. 250,
Irvine, CA 92660 (16961 Beach Boulevard)
LOCATION: 16941-16961 Beach Boulevard & 7943 Warner Avenue
(northwest corner of Beach Boulevard and Warner Avenue)
PROJECT PLANNER: Andrew Gonzales, Associate Planner
DATE OF ACTION: November 30, 2010
Dear Mr. Rodgers,
The Director of Planning and Building of the City of Huntington Beach acted upon your
application on November 30, 2010, and your requests were conditionally approved. Included
in this letter are the Conditions of Approval for this application.
Item 5. - 30 HB -60-
Notice of Action: SPR 10-0021 TPM 10-041
November 30, 2010
Page 2 of 3
Under the provisions of the Beach and Edinger Corridors Specific Plan and the Huntington
Beach Zoning and Subdivision Ordinance, the action taken by the Director of Planning and
Building is final unless you file an appeal to the Planning Commission. Said appeal must be in
writing and must set forth in detail the action and grounds by which the applicant deems himself
aggrieved. Said appeal must be accompanied by a filing fee of Two Thousand Two Hundred
Fifty -Two Dollars ($2,252.00). The appeal shall be submitted to the Planning Division within ten
(10) calendar days of the date of the Director of Planning and Building's action. The last day for
filing an appeal and paying the filing fee for the above noted application is December 10, 2010,
at 5:00 PM.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that tentative
parcel map applications and concurrently approved entitlements become null and void one (1)
year after final approval, unless actual construction has begun or as modified through a
condition of approval.
Excepting those actions commenced pursuant the California Environmental Quality Act, you are
hereby notified that you have 90 days to protest the imposition of the fees described in this
Notice of Action. If you fail to file a written protest regarding any of the fees contained in this
Notice, you will be legally barred from later challenging such action pursuant to Government
Code §66020.
If you have any questions, please contact Andrew Gonzales, Associate Planner at (714) 374-
1547 (AGonzalesCa�Surfcity-hb.org) or the Planning Division's Planning and Zoning Information
Counter at (714) 536-5271,
Sincerely,
Scott Hess, AICP
Director of Planning and Building
by:
IVAW
Andrew Gon es
Associate Planner
Attachment: Findings and Conditions of Approval — SPR No. 10-002 and TPM No. 10-041
Cc: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Administrator
Scott Hess, AICP, Director of Planning and Building
Herb Fauland, Planning Manager
Bill Reardon, Division Chief/Fire Marshal
Mike Vigliotta, Deputy City Attorney III
Debbie DeBow, Acting Principal Engineer
Bill Grove, Inspection Manager
Garfield Beach CVS, LLC., Property Owner
HB -61-
Item 5. - 31
Notice of Action: 5PR 10-002/ TPM 10-041
November 30, 2010
Page 3 of 3
Ralph E. Taylor, Property Owner
Project File
Item 5. - 32 HB -62-
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
SITE PLAN REVIEW NO. 10-002
TENTATIVE PARCEL MAP NO, 10-041
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Director Planning and Building finds that the project will not have any significant effect on
the environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15332 of the CEQA Guidelines, (a) because the project is
consistent with the General Plan and Zoning Ordinance and regulations, (b) located within City
limits on a site containing no more than five acres and surrounded by urban uses, (c) the site
has no value as habitat for endangered, rare or threatened species, (d) approval of the project
will not result in significant effects related to traffic, noise, air quality, or water quality, and (e)
the site can be adequately served by all required utilities and public services.
FINDINGS FOR APPROVAL — SITE PLAN REVIEW NO. 10-002:
1. Site Plan Review No. 10-002 to permit the construction of an approximately 14,452 sq. ft.
retail/pharmacy building which includes a drive-thru, 51 space parking lot, and associated
site improvements will be consistent with the City's General Plan and all applicable
requirements of the Municipal Code. It is consistent with the following goals and policies of
the General Plan:
A. Land Use Element
Objective - LU 10.1: Provide for the continuation of existing and the
development of a diversity of retail and service commercial uses that are oriented to the
needs of local resident.
Objective - LU 10.1.4: Require that commercial buildings and site be designed to
achieve a high level of architectural and site layout quality.
The project is a redevelopment of a site with a new single -story commercial building to
be utilized as a CVS Pharmacy (i.e., retail/pharmacy use) with a 24-hour drive-thru. The
project will be located within an established area containing similar commercial use and
will cater to the needs of local residents. The building and store entrance is oriented
toward the street comer to facilitate pedestrian activity along the public right-of-way.
The building's design incorporates fagade recesses, architectural eyebrows, and
contrasting materials on the building elevations to minimize the structure's mass/bulk
and create visual interest along each street frontage.
B. Urban Design Element
Objective — UD 1.1: Identify and reinforce a distinctive architectural and
environmental image for each district in Huntington Beach.
G:\PLANNING\SITE PLAN REVIEWWOA\2010\SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMACY).DOC Attachment No. 1.1
HB -63- Item 5. - 33
Policy— 1.2.1: Enhance the connections, where feasible between the
public sidewalk and private commercial interior open spaces as described by the Land
Use Element by using decorative paving materials.
The design of the building will incorporate distinctive architecture which includes
variations to the roof height, insets and offsets in the building fagade to create enhanced
visual relief and break up of building mass, variations in exterior building treatment, and
an enhanced building entrance. The project will incorporate a connection from the
public sidewalk on Beach Boulevard by providing clear identifiable access to the main
entrance of the building.
C. Economic Development Element
Policies - ED 2.4.3: Encourage the expansion of the range of goods and
services provided in Huntington Beach to accommodate the needs of all residents in
Huntington Beach and the market area.
The request will accommodate the redevelopment of an existing site with a use that will
serve the needs of local residents and visitors to the City by providing additional
commercial serving opportunities.
2. The project will not be detrimental to the general welfare of person working or residing in the
vicinity nor detrimental to the value of the property and improvements in the neighborhood.
The proposed project will not significantly impact surrounding sensitive land uses as the
building will be located more than 150 ft. from the nearest residential property. Residential
uses will be buffered from the project by a 26 ft. wide drive aisle, parking stalls, 5 ft. wide
landscape planter, and two adjoining single -story commercial buildings. The project will not
significantly impact the adjoining area as it will be located within an established area
containing similar commercial uses. The building is appropriately sited toward the street
corner and provided with a designated pathway to facilitate pedestrian activity along the
public right-of-way. The drive-thru is located to the west side of the building away from the
main entrance which provides sufficient vehicle queuing and efficient onsite circulation. The
site will be adequately parked and will not have any significant impacts onto adjoining
properties. Furthermore, the project will not generate significant traffic, noise, odors or
other detrimental impacts beyond which already exists.
3. The project will not adversely affect the Circulation Plan of this Specific Plan. The project
will dedicate 3 ft. along Beach Boulevard and 2 ft. 6 in. along Warner Avenue to
accommodate the Park Tree Boulevard and Neighborhood Street public right-of-way
improvements. No additional street improvements are required to improve
capacity/efficiency on intersection operations. The project will provide the minimum quantity
of street trees along and adjacent to Beach Boulevard and Warner Avenue.
4. The project complies with the applicable provisions of the Beach and Edinger Corridors
Specific Plan (SP14) and other applicable regulations. The project complies with the
development standards in terms of building orientation, height, setbacks, minimum onsite
parking, and architectural regulations. As a condition of approval, the project is required to
comply with the street landscaping configuration standards. Convenience uses are
permitted within the Town Center Boulevard Segment of the SP14 zoning district.
G:IPLANNING\SITE PLAN REVIEIMNOA\2010\SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMACY).DOC Attachment No.1.2
Item 5. - 34 HB -64-
FINDINGS OF APPROVAL —TENTATIVE PARCEL MAP NO. 10-041:
Tentative Tract Map No. 10-041 for the consolidation of 40 commercial lots into one parcel
totaling 44,660 sq. ft. is consistent with the General Plan Land Use Element designation of
M-sp-d (Mixed Use — Specific Plan Overlay — Design Overlay) on the subject property. The
proposed consolation complies with all applicable provisions of the Subdivision Map Act,
Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and SP14, and is
consistent with previous subdivision in the surrounding neighborhood.
2. The site is physically suitable for the type of development allowed by the corresponding
zoning designation. The site is currently developed with three commercial buildings. The
construction of an approximately 14,452 sq. ft. retail/pharmacy building which includes a
drive-thru, 51 space parking lot, and associated site improvements are proposed for the
site. The lot consolidation will comply with all applicable code provisions of the SP14 and
HBZSO including minimum parcel size and lot width. The parcel is accessible from two
existing public streets and all necessary public utilities and services are available,
3. The consolidation of 40 lots into one for the proposed onsite improvements will not cause
serious health problems or substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat. The lot consolidation is proposed for 40 lots designated
for a commercial use. The site does not serve as habitat for fish or wildlife.
4. The consolidation of 40 lots into one or the proposed improvements, will not conflict with
easements, acquired by the public at large for access through or use of property within the
subdivision unless alternative easements, for access or for use, will be provided. No
easements acquired by the public at large for access through or use of the property exist
within the subject site.
CONDITIONS OF APPROVAL - SITE PLAN REVIEW NO. 10-041:
1. The site plan, floor plans, elevations, and colors and materials palette received and dated
September 22, 2010, shall be the conceptually approved design with the following
modifications:
a. Depict a minimum of five (5) palms trees along Warner Avenue within the 4 ft. 6 in. wide
landscape planter strip. (SP 14 Sect. 2.5.1-7)
b. A trash enclosure detail shall be provided on the project plans. The trash enclosure
shall incorporate a roof element and designed to be architecturally compatible with the
main structure by incorporating design features, colors, and materials located on the
retail/pharmacy building.
c. Depict all utility apparatus, such as but not limited to, back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
right-of-ways. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view.
d. Depict the location of all gas meters, water meters, electrical panels, air conditioning
units, mailboxes (as approved by the United States Postal Service), and similar items on
the site plan and elevations. If located on a building, they shall be architecturally
G:\PLANNING\SITE PLAN REVIEMNOA120101SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMAC`n.DOC Attachment No.1.3
xB -65- Item 5. - 35
integrated with the design of the building, non -obtrusive, not interfere with sidewalk
areas and comply with required setbacks.
2. Prior to issuance of demolition permits, the following shall be completed:
a. The applicant shall follow all procedural requirements and regulations of the South
Coast Air Quality Management District (SCAQMD) and any other local, state, or federal
law regarding the removal and disposal of any hazardous material including asbestos,
lead, and PCB's. These requirements include but are not limited to: survey,
identification of removal methods, containment measures, use and treatment of water,
proper truck hauling, disposal procedures, and proper notification to any and all involved
agencies.
b. Pursuant to the requirements of the South Coast Air Quality Management District, an
asbestos survey shall be completed.
c. The applicant shall complete all Notification requirements of the South Coast Air Quality
Management District.
d. The City of Huntington Beach shall receive written verification from the South Coast Air
Quality Management District that the Notification procedures have been completed.
e. All asbestos shall be removed from all buildings prior to demolition of any portion of any
building.
f. Comprehensive historic documentation of the project site as it currently exists shall be
prepared in accordance with standards established by the Historical American Buildings
Survey/Historical American Engineering Records (HAGS/HAER) prior to the issuance of
any building, grading, and/or demolition permits. The report shall be archivally
maintained with provisions for public access. The costs associated with preparation and
maintenance of the documentation shall be the responsibility of the applicant.
3. Prior to the issuance of grading permits, the following shall be completed:
a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice
in writing to property owners of record and tenants of properties immediately adjacent to
and across the street from the project site. The notice shall include a general description
of planned grading activities and an estimated timeline for commencement and
completion of work and a contact person name with phone number. Prior to issuance of
the grading permit, a copy of the notice and list of recipients shall be submitted to the
Planning Division.
b. All design and installation shall be per the City Standard codes and the "Palm Tree
Boulevard" street configuration per the SP14, (PW)
c. The Developer shall provide a Landscape Maintenance License Agreement to address
the continuing maintenance and liability for all landscaping, irrigation, furniture and
enhanced hardscape that is located within the public rights -of -way. The agreement
shall describe all aspects of maintenance such as enhanced sidewalk cleaning, trash
cans, disposal of trash, signs, tree or palm replacement and any other aspect of
maintenance that is warranted by the development plan improvements proposed. The
agreement shall state that the property ownership shall be responsible for all costs
associated with maintenance, repair, replacement, liability and fees imposed by the
County, City and Caltrans. Said agreement shall meet the City's criterion for format and
G:\PLANNING\SITE PLAN REVIEW\NOA\2010\SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMACY).DOC Attachment No. 1.4
Item 5. - 36 HB -66-
content and be applicable to a Caltrans master agreement that will be setup between
Caltrans and the City. (PW)
d. Written Caltrans Approval of Parkway Drain onto Beach Boulevard shall be included
with the Grading Plan first plan check submittal. As an alternative, the applicant may:
i. Revise the Grading Plan to eliminate all storm drain runoff drainage onto
Caltrans' right-of-way on Beach Boulevard; or; (PW)
ii. Submit a letter, along with the first submittal of the Grading Plan, acknowledging
that:
1. The project engineer has determined that historically drainage does flow
to Beach Boulevard and that the applicant is in the process of obtaining
Caltrans approval of the proposed drainage pattern, and; (PW)
2. The applicant is willing to accept all risks associated with the submittal of
the Grading Plans without Caltrans' approval, including delay in City's
plan check processing time and payment of additional plan check fees
due to potential significant revision as a result of non -approval. (PW)
e. Caltrans encroachment permits for work within the Beach Boulevard right-of-way (for
construction of sidewalks, driveways, drainage, water & sewer connections, etc.) shall
be obtained by the applicant or contractor from Caltrans prior to start of work. A copy of
the each permit, traffic control plans and other permission granted by Caltrans shall be
transmitted to the City of Huntington Beach Public Works for approval. (PW)
4. Prior to submittal for building permits, the following shall be completed:
a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be
submitted for review, approval and inclusion in the entitlement file, to the Planning
Division,
b. Zoning entitlement conditions of approval, code requirements identified herein and code
requirements identified in separately transmitted memorandum from the Departments of
Planning and Building, Fire, and Public Works shall be printed verbatim on one of the
first three pages of all the working drawing sets used for issuance of building permits
(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in
the sheet index. The minimum font size utilized for printed text shall be 12 point.
5. Prior to issuance of building permits, a covenant agreement shall be submitted to the
Planning Division restricting the total amount of retail and warehouse area based upon the
total number of available onsite parking provided. The legal instrument shall be submitted
to the Planning Division a minimum of 30 days prior to building permit issuance. The
document shall be approved by the Planning Division as to form and content and, when
approved, shall be recorded in the Office of the County Recorder prior to final building
permit approval. A copy of the recorded document shall be filed with the Planning Division
for inclusion in the entitlement file prior to final building permit approval. The recorded
agreement shall remain in effect in perpetuity, expect as modified or rescinded pursuant to
the expressed written approval o the City of Huntington Beach.
6. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
G:APLANNING\SITE PLAN REVIEMNOX20101SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMACI).DOC Attachment No. 1.5
HB -67- Item 5. - 37
a. Construction equipment shall be maintained in peak operating condition to reduce
emissions.
b. Use low sulfur (0.5%) fuel by weight for construction equipment.
c. Truck idling shall be prohibited for periods longer than 5 minutes.
d. Attempt to phase and schedule activities to avoid high ozone days first stage smog
alerts.
e. Discontinue operation during second stage smog alerts.
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name
and phone number of a field supervisor to contact for information regarding the
development and any construction/ grading activity.
7. The structure cannot be occupied, the final building permit(s) cannot be approved, and
utilities cannot be released and issuance of a Certificate of Occupancy until the following
has been completed:
a. Surveillance cameras shall be installed at the entrance of the building, loading area, and
drive-thru area, and record for a period of 24-hours on a daily basis. Video tapes shall
be retained for at least 30 days. (PD)
b. All improvements must be completed in accordance with approved plans, except as
provided for by conditions of approval.
c. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to the Planning Division.
d. Compliance with all conditions of approval specified herein shall be verified by the
Planning Division.
e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
f. A Certificate of Occupancy must be approved and issued by the Planning and Building
Department.
g. Copy of the recorded covenant, as specified by Condition No. 5, shall be provided.
h. Based upon the construction of a new 14,452 sq. ft. building, a SP 14 maintenance fee
shall be paid in the order of $0.30 per sq. ft. which results in a total fee obligation of
$4,335.60. (Resolution No. 2010-80)
8. The development services departments (Planning & Building, Fire, and Public Works) shall
be responsible for ensuring compliance with all applicable code requirements and
conditions of approval. The Director of Planning and Building may approve minor
amendments to plans and/or conditions of approval as appropriate based on changed
circumstances, new information or other relevant factors. Any proposed plan/project
revisions shall be called out on the plan sets submitted for building permits. Permits shall
not be issued until the Development Services Departments have reviewed and approved the
proposed changes for conformance with the intent of the Director of Planning and Building's
action. If the proposed changes are of a substantial nature, an amendment to the original
entitlement reviewed by the Director of Planning and Building may be required pursuant to
the provisions of HBZSO Section 241,18.
GAPLANNING\SITE PLAN REVIEW\NOA\2010\SPR 10-002; TPM 10-041 (BEACH GARFIELD CVS PHARMACY).DOC Attachment No. 1.6
Item 5. - 38 HB -68-
9. Site Plan Review No. 10-002 shall become null and void unless exercised within two (2)
years of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning Division a minimum 30 days
prior to the expiration date.
10. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification(http:Uwww.usgbc.org/DisplayPage.aspx?CateporvlD=19) or Build It Green's
Green Building Guidelines and Rating Systems
(hftp://www.builditgreen.or.q/index.cfm?fuseaction=quidelines .
CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 10-041:
1. Tentative Parcel Map No. 10-041 for the consolidation of 40 commercial lots into one parcel
totaling 45,817 sq. ft. received September 22, 2010, shall be the approved layout.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul
any approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
G_1PLANNINGISITE PLAN REVIEVANOA120101SPR 1D-DD2; TPM ID-D41 (BEACH GARFIELD CVS PHARMACY).DOC Attachment No. 1.7
xs -69- Item 5. - 39
Esparza, Patty
From: Kevin Tong [kevin.tong@dot.ca.gov]
Sent: Wednesday, March 06, 2013 8:18 AM
To: Milani, Bob
Cc: DeBow, Debbie; Esparza, Patty; Gabriel Cronan
Subject: Re: CVS 7088, Huntington Beach - Maintenance agreement
Bob
,°'Please send to me at:
!1, Caltrans
3347 Michelson Drive, Suite 100
Irvine, Ca. 92612
Thanks,
Kevin
Thanks,
Kevin
Kevin Tong.-,--'
Senior Landscape Architect
Caltrans District 12 - Maintenance
Office
: (949) 936-1818
Fax
: (949) 936-1820
Cell
: (949) 279-8936
----- Original Message -----
From: "Milani, Bob" [bob.milani@surfcity-hb.org]
Sent: 03/06/2013 07:54 AM PST
To: Kevin Tong
Cc: "DeBow, Debbie" <ddebow@surfcity-hb.org>; "Esparza, Patty" <PEsparza@surfcity-hb.org>
Subject: RE: CVS 7088, Huntington Beach - Maintenance agreement
Kevin,
The LMA has not been signed by the mayor yet. City.Clerk's office has indicated that they will mail the
agreements to you.
Could you please respond to all with an address that they need to be sent to?
Thanks,
:..
-----Original Message -----
From: Kevin Tong [mailto:kevin.tong@dot.ca.gov]
Sent: Tuesday, March 05, 2013 9:56 PM
To: Milani, Bob
Subject: RE: CVS 7088, Huntington Beach - Maintenance agreement
:e•
I can pick-up from you tomorrow before noon.
Hope to talk to Tom about the Hoag project LMA also.
Thanks,
Kevin Tong
Senior Landscape Architect
Caltrans District 12 - Maintenance
Office: (949) 936-1818
Fax : (949) 936-1820
Cell :(949) 279-8936
"Milani, Bob" <bob.milani@surfcity-hb.org> wrote:
To: Kevin Tong <kevin.tong@dot.ca.gov>
From: "Milani, Bob" <bob.milani@surfcity-hb.org>
Date: 03/05/2013 12:46 PM
Subject: RE: CVS 7088, Huntington Beach - Maintenance agreement
Hi Kevin,
Council approved the agreements last night and I was wondering who in Caltrans they need to be
sent to for final execution.
Please let me know and I will let the Clerk’s Office know.
Thank you again for your help on this project.
2