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HomeMy WebLinkAboutHB WETLANDS CONSERVANCY - 2005-02-07Council/Agency Meeting Held: d ?z Deferred/Continued to: App"Edroved El Conditionally Approved ❑ Denied y Jerk' Sign ur Council Meeting Date: February 7, 2005 Departme Number: ED 05-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRPERSON AND CITY COUNCIL/ REDEVELOPMENT AGENCY MEMBERS __.. SUBMITTEDBY: PEN �LBTH-GRAFT,GDP� Administrator/Ex tiv S E OP�y eau _e, Director PREPARED BY: DAVID C. BIGGS, Director Of Economic Development/Deput� Executive Director ? n PAUL EMERY, Acting Director Of Public Works 04 1 SUBJECT: Approve Conveyance of Waterfront Degraded Wetla s Parcel and License and Maintenance Agreement with HB Wetlands Conservancy Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Redevelopment Agency currently holds title to a 1.002-acre degraded wetlands parcel as part of the Waterfront site that needs to be conveyed to the City. Under City ownership, there is a need to provide for the long-term maintenance and management of the degraded wetlands and adjacent 2.415-acre City owned buffer parcel. The recommended actions address both of these issues. Funding Source: The HB Wetlands Conservancy will assume costs associated with maintenance of the degraded wetlands. The City will pass through funds from the adjacent homeowners association intended for maintenance of the buffer parcel to the HB Wetlands Conservancy. As such, there is no fiscal impact on the City. Recommended Action: Motion To: Redevelopment Agency Authorize the Agency Chairperson and Agency Clerk to execute a deed from the Agency to the City for the Degraded Wetlands Area and send to the County for recordation after the City Clerk has affixed the acceptance certificate of the City. r- 3 REQUEST FOR ACTION MEETING DATE: February 7, 2005 DEPARTMENT ID NUMBERED 05-02 City Council 1. Authorize acceptance of the Deed by the City for the Degraded Wetlands Area; and, 2. Approve and Authorize the Mayor to Execute a License and Maintenance Agreement by and between Huntington Beach Wetlands Conservancy and the City of Huntington Beach Relating to the Degraded Wetlands Area and the Buffer Area. Alternative Action(s): Do not approve the License and Maintenance Agreement and have the City manage and maintain the Degraded Wetlands Area and the Buffer Area. Analysis: The Redevelopment Agency currently holds title to the 1.002-acre Degraded Wetlands Area that is part of the Waterfront site. The Huntington Beach Wetlands Conservancy is currently managing this degraded wetlands on an interim basis under the terms of a License Agreement entered into in May of 2001. A condition of approval for the adjacent Waterfront residential project was the creation of a 2.415-parcel to serve as a buffer to the degraded wetlands. This Buffer Area has been improved by the developer with a state-of-the-art storm water treatment system and has been conveyed to the City. The Waterfront residential Homeowners Association will pay the City up to $30,000 annually for Buffer Area maintenance. On November 18, 2002, the City Council authorized a credit to the Redevelopment Agency against debt for the un-developable portion of the Waterfront site that consisted of the Degraded Wetlands Area and the associated Buffer Area. At that time, it was anticipated that the Redevelopment Agency might have been able to sell the Degraded Wetlands Area for mitigation credits. If unsuccessful in selling the Degraded Wetlands Area for mitigation credits, the property was to be conveyed to the City. A copy of the November 18, 2002, Request for Council/Redevelopment Agency Action is attached (Attachment 1) for reference. Staff has explored opportunities to sell the Degraded Wetlands Area for mitigation credits and has been unsuccessful. The small size of the parcel and its isolated location has resulted in entities which might otherwise purchase mitigation credits being uninterested in this parcel. As such, it is timely for the Redevelopment Agency to convey the Degraded Wetlands Area to the City. On August 11, 2003, the Council/Redevelopment Agency Board adopted an H-Item (Attachment 2), which directed staff to prepare an agreement with the Huntington Beach Wetlands Conservancy regarding the Degraded Wetlands Area. City staff has determined that the City should retain fee ownership of the Degraded Wetlands Area. This option could allow the City to have a wetlands parcel which could be used in the future for mitigation credit for a local project if necessary. With the Degraded Wetlands Area and the Buffer Area to be under City ownership, staff has identified a means by which the management and maintenance of these areas can be assumed by the Huntington Beach Wetlands GADavid\RCASTEGRADEDWETLANDS LICENSE.doc .2. 1/10/2005 4:41 PM REQUEST FOR ACTION MEETING DATE: February 7, 2005 DEPARTMENT ID NUMBERED 05-02 Conservancy. The Huntington Beach Wetlands Conservancy is a local 501(c)3 non-profit corporation which has acquired, restored and operates other wetlands in Huntington Beach. The proposed License and Maintenance Agreement with the Huntington Beach Wetlands Conservancy is for a 20-year term. The License and Maintenance Agreement outlines the Conservancy obligations in regard to the Degraded Wetlands Area and the Buffer Area. The Agreement also provides for the restoration of the Degraded Wetlands by the Conservancy within one year from the effective date of the Agreement. The Conservancy will not be compensated for its activities related to the Degraded Wetlands. The Conservancy will be compensated for its activities associated with the maintenance of the Buffer Area. The City shall pass through its annual funding from the Waterfront residential Homeowners Association for Buffer Area maintenance to reimburse the Conservancy for its actual costs. The City will be retaining certain obligations in regard to the Buffer Area related to the effective operation of the storm water treatment system. Environmental Status: Not applicable. Attachment(s): 1. 1 RCA ED 02-36. 4V f-`,6 5 2. August 11, 2003 H-Item. 3. 1 Grant Deed. 4. 1 License and Maintenance Agreement, GADavid\RCASOEGRADEDWETLANDS LICENSE.doc -3- 1110/2005 4:41 PM RCA E D 02-36 AT.TACHMENT 1 r Council/Agency Meeting Held: -0 z R , C F Deferred/Continued to: ,OrApproved 0 Conditionally Approved ❑ Denied City Clerk's Sign6ture Council Meeting Date: November 18, 2002 Department ID Number: FCatW WEV I F D ?402 NIT OF ELOPMENT CITY OF HUNTINGTON BEACH REQUEST FOR CITY, COUNCIUREDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIUAGENCY MEMBERS SUBMITTED BY: RAY SILVER, City Administrator/Executive Director 62IY PREPARED BY: DAVID C. BI G , Director of Economic Development/Deputy Executive Director SUBJECT: Approve Credit or Debt Repayment for Lot AA and Lot BB for Acquisition Costs for the Waterfront Parcel Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issuer The Redevelopment Agency -is requesting that the City approve..a credit for a debt repayment for its acquisition costs associated a portion of the Waterfront project, specifically the Restricted Wetlands (Lot AA) and the buffer area (Lot BB). Mayer Financial LLP is conveying Lot AA to the Redevelopment Agency and Lot BB to the City. The amount of debt repayment is the proportionate share of the principal and accrued interest charged by the City since the 44-acre property was transferred by the City in 1988. City Council's approval will reduce the Agency's debt to the City for these costs. Funding Source: No actual monetary cost; the amount of debt owned to the City by the Redevelopment Agency will be reduced. Recommended Action: Move to: 1. Approve the debt repayment of $3,556,003 (principal & interest accrued as of October 2002) from the Redevelopment Agency to the City and any additional amount accrued to date for the Agency's acquisition costs associated with Lots AA & BB of Tentative Tract Map 15549. q a � 1 Alternative Action(s): 1. Do not approve the debt repayment.711 � n E-13 REQUEST FOR CITYIREDEVELOPMENT AGENCY ACTION MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: ED-02-36 Analysis: The Redevelopment Agency is requesting that the City approve a credit for the debt repayment of its acquisition costs associated with a portion of the Waterfront project, specifically the Restricted Wetlands (Lot AA) and the buffer area (Lot BB). A portion of the property, 1.002 acres, originally scheduled to be developed with single-family homes by Mayer Financial, L.P. is subject to a conservation easement resulting from the November 20, 2000 settlement between the Coastal Commission, the Redevelopment Agency and Mayer. Mayer is required to reconvey this parcel (Lot AA of TTM 15549) to the Redevelopment Agency pursuant to the Second Implementation Agreement to the Amended and Restated Development Agreement, dated February 5, 2001. In May 2001, a License Agreement between Mayer, the Agency, and the Huntington Beach Wetlands Conservancy was approved to permit the Conservancy access to the restricted wetlands for maintenance of this area. With Mayers reconveyance of the parcel to the Agency, Mayer will no longer be responsible for the maintenance. The Agency will extend the License Agreement with the Conservancy to continue the wetland maintenance. As part of the City's conditions of approval for the residential project, an additional 2.415 acres of land (Lot BB of TTM 15549) will be conveyed to the City with the recordation of Tract Map to serve as a buffer area between the wetland portion and the Waterfront residential development. The. Homeowners Association will pay $30,000 annually to the City: for the buffer area maintenance. In 1988, the Agency acquired the 44 acres from the City for the Waterfront project. At that time, a debt of $22,400,000 was charged to the Agency and interest has accrued to $23,389,912 as of October 2002. When the City accepts ownership of Lot BB of TTM 15549, the City will need to credit the Agency for the proportionate share of the acquistion costs for Lot BB as debt repayment. In regard to Lot AA, the Redevelopment Agency will endeavor to sell the parcel for wetlands mitigation credits. However, if the Agency is unsuccessful, Lot AA will be conveyed to the City. As such, it is appropriate to authorize a credit for this parcel against Agency debt and accrued interest. If the Agency succeeds in selling the parcel, then the General Fund would be the beneficiary of the net proceeds. Parcel, Acres . Proportion of 44 Value as of acres October 2002 Agency Lot AA (restricted wetland) 1.002 2.28% $1,042,761 City Lot BB buffer area 2.415 5.49% $2,513,242 Total: 3.417 7.77% $3,556,003 Environmental Status: Not Applicable Attachment(s)• G:lcarol\Administration\RCA\ED02-36.doc -2- 11/12/2002 9:19 AM Tentative Tract Map 15549 - Exhibit M"#�l. ATTACHENT PACM M099A ROME PARK 11 aLor LL/7 i TRACT 13045 / LOT a \ rF3A�r 15536 / `\� TRACT 15535 tL , L1-4, ,,,or, y b \ .07 R NEI LPT9 -- 1 LOTO ® .t .� ..e fT4.1' I' ti rJl-ti'1'1� P[ _- p' ,� Y"�'%r��a.• /_� f 1 {Y)i�/. i-'•'74� �yy , h +�� �Y�h+) � •'L"'p /Y it "+v •.aura % uc.•r+�arrtaroar ' � � Mr�uoias � � f �rao'M��Yar '�. ��; i .r�rR uc uwrsrR�rr � \ C�J r'rmstiYw�i�wctiorr K Mastic rc,arrar awMuaYrm �w�aW rawY w a. �� ` p4•. ��jr.��K IM� Y) YFCgI Mlpe! [. � \ •\ � w �urp.u�w R�w��Y�mu.~a aYm�.e . \ u�r¢�c wrw>n.wwinr ree mans uY¢fns�,�� -.� \ �Pip�C RL ae R.aRap war - '� . * � V, KtR9R�L Y1Rtl.Rl. rmur t+�rra rtixYum.vinvmsaw mY+s `.� h Mds� n�.am r�'� \ a.uam ' . ~\ RAw.r+rw�wrrwoYsra,wre iaYws Rn ixaomiaru.s na .,s..w..u,r iYYv� M bwlr(w YrtIIILrffi 11mQS VOO I{tlq Yanl ry MYrnJOV 1YK Yati7 P'ORYi[19W! mmiK rrws m+raa aew wam� `� -R ��MWtIR1 YMfl1Mi6W�fan.aor �a�9m ` •ry"R' • � nabaM p,�M __~' nA• scar. �• tla !f .\ THEAm. MAYER CORPORATION ". NA THEWATERT NT 1H[ilNTIN[ TOM BEACH; CALIFORNIA Jammy IS, NO2 FUSCOE' "b'm V 1 TENTATIVE TRACT MAP 1 NO 15549 H-Item on August 11, 2003 AT�TACH:,Ml.N T 2� 4b J 4T' CITY 4F HUNTINGTON BEACH - City Council Interoffice Communication _!, CA To: Honorable. Mayor Pro Tem and City Council Members From: Connie Boardman, Mayorj Date: August 11, 2003 Subject: H-ITEM FOR AUGUST 18, 2003, CITY COUNCIL MEETING — LITTLE SHELL WETLAND SITE STATEMENT OF ISSUE: The Redevelopment Agency currently owns the one -acre parcel of land known as Little Shell, plus a buffer area around the wetland. The Huntington Beach Wetlands Conservancy has responsibility for the interim maintenance and management of the wetland under an agreement with the Agency. In the past, the Redevelopment Agency directed staff to try to sell the wetland to a third party that could use it for mitigation credit. Staff has explored the possibility of selling the wetland to a third party with no success (see attached memo for more background). Neither the City nor the Agency is in the position to maintain the wetland. There is currently a conservation easement on this property. The Huntington Beach Wetlands Conservancy has expressed an interest in being the party to which the Agency could convey the wetland to, or to enter into a license agreement with to maintain the wetland area. Please see the attached memo for information from staff on these alternatives. Since past action by the Agency has been to attempt to sell the wetand for mitigation credit, Agency action is needed to move forward in this alternative direction. RECOMMENDED ACTION: Direct staff to prepare an agreement with the Huntington Beach Wetlands Conservancy under which the Conservancy will either be granted title to the wetland in exchange for the restoration and perpetual maintenance of the area, or enter into a license agreement with the Huntington Beach Wetlands Conservancy for the restoration operation and maintenance of the area. xc: Ray Silver, City Administrator Bill Workman, Asst. City Administrator Clay Martin, Director of Administrative Services Connie Brockway, City Clerk Jennifer McGrath, City Attorney 1� 3b ° t CITY OF HUNTINGTON BEACH InterOffice Communication Economic Development Department TO: Ray Silver, City Administrator FROM: David C. Biggs, Director of Economic Development Robert Beardsley, Director of Public Works DATE: August 11, 2003 SUBJECT: Waterfront Site Degraded Wetlands The purpose of this memorandum is to outline a possible scenario for the disposition of the degraded wetlands on the Waterfront site. It will also address the longer -term management issues with the related Buffer area, Background The Redevelopment Agency currently holds title to an approximately 1-acre parcel of land known as the Waterfront Degraded Wetlands. There is a conservation easement recorded on this irregularly shaped parcel. The Huntington Beach Wetlands Conservancy has responsibility for the interim maintenance and management of this Degraded Wetlands under an agreement with the Redevelopment Agency. Prior Redevelopment Agency direction has been for staff to endeavor to sell this parcel to a third party which may utilize it for mitigation credit. Ultimately, the Redevelopment Agency would like to see this degraded wetlands restored .by a third party purchaser or another party. Neither the City nor the Redevelopment Agency is in the position to ultimately own or operate wetlands. The City currently holds title to an approximately 2.45 acre parcel surrounding the Degraded wetlands which is designed to be a buffer for the Degraded Wetlands and will be used for an urban run-off treatment system. The improvements to the Buffer Parcel are being made by the developers of the adjacent Waterfront residential community. The developer anticipates starting its work on the improvements to the Buffer Parcel in August or September. There may be some opportunity to facilitate the removal of the invasive, non-native species from the Degraded Wetlands in association with the developer work on the Buffer Parcel. However, timing is an issue. Once these improvements are completed and turned over to the City, the City or a third party contractor will use funds provided by the developer to maintain this area. The homeowners association for the Waterfront Residential will be responsible for providing annual funding to the City for the maintenance of the Buffer Parcel. The Pubic Works Department anticipated having a third party maintain this area and prefer that the City continue to own the Buffer Parcel. Current Status/Issues Staff in Economic Development and Public Works have explored the possibility of selling the Degraded Wetlands to a third party agency for mitigation credit. The Port of Long Beach, California Coastal Conservancy, and CalTrans have all been contacted. We have determined that while degraded wetlands can sell for anywhere between $33,000 to $150,000 per acre given its mitigation value, this small stand-alone parcel of 1 acre with little mitigation value is not likely to be of interest to any of these prospective purchasers. Redevelopment law permits the Redevelopment Agency to sell or convey a parcel for purposes of redevelopment, and wetlands restoration would be considered redevelopment. The Agency can select a purchaser and convey the property for no consideration in exchange for a commitment to restore and maintain the Degraded Wetlands. The Redevelopment Agency would need to conduct a public hearing at which it would approve this conveyance pursuant to Heath & Safety Code Section 33431. Another alternative for the Degraded Wetlands would be for it to be conveyed by the Redevelopment Agency to the. City. The City would .then retain fec ownership -and could license the use of the parcel to a third party for restoration, operation and maintenance. This option could also allow the City to have a wetlands parcel which could be used in the future for mitigation credit for a local project if necessary. The City is not able to convey the Buffer Parcel without declaring it surplus and following the surplus property procedure. With the encumbrance represented by the water quality system and associaied issues, the City may be unable to make the findings to declare the property surplus. in addition, there has been an easement granted for the acceptance of the adjacent residential community's storm water onto this parcel and into the water quality system. Also, it is unclear if the terms under which the property was dedicated to the City would preclude its sale as well. Also, the surplus property procedures would not necessarily result in the property being purchased by the same party as the'Degraded Wetlands. As such, the Public, Works Department is recommending that the City maintain ownership of the Buffer Parcel. Elements of the Buffer Parcel maintenance related to the water quality system may be best performed directly by the City. However, we would propose that the City enter into a License Agreement with a third -party for partial maintenance of the Buffer Parcel with terms that the third party would operate the Buffer Area. This would include a provision whereby a portion of the funds from the Waterfront Residential would be passed through to the third party for use in the maintenance of only the Buffer Parcel. The third party entity to which the Degraded Wetlands would be conveyed or licensed and tl;e Buffer Parcel licensed could be the same entity. This would simplify oversight of the Degraded Wetlands and the Buffer Parcel improvements as a single system. In addition, access to the Degraded Wetlands is best taken from the Buffer Parcel. The Huntington Beach Wetlands Conservancy, which is the. interim manager of the Degraded Wetlands, has expressed an interest in being the third —party entity to which the Degraded Wetlands is conveyed or licensed and the licensee for the Buffer Parcel- In addition, this local 501(c)3 non-profit corporation has acquired and restored other wetlands in Huntington Beach. Recommendations Since there is little likelihood that the Redevelopment Agency will be able to sell the Degraded Wetlands the following recommendation will facilitate the ultimate restoration of the Degraded Wetlands in a timely manner: Degraded Wetlands Parcel — • The Redevelopment Agency will convey the parcel to the City and the City will then, enter into a .License Agreement with the Huntington. Beach Wetlands Conservancy for the restoration, operation and maintenance of the area, or Alternatively, The Redevelopment Agency will prepare an Agreement with the Huntington Beach Wetlands Conservancy under which the Conservancy will be granted title to the Degraded Wetlands in exchange for the restoration and perpetual maintenance of the area. Buffer Parcel • The City will prepare a License Agreement with the Huntington Beach Wetlands Conservancy for the Buffer Parcel which will also require the Wetlands Conservancy to maintain the Buffer Parcel as the City's authorized agent under the terms of the Buffer Area Maintenance Agreement with Mayer Financial, LP. Prior to us pursuing these alternatives related to the Degraded Wetlands and the Buffer Parcel, it would be appropriate for the City CouncillRedevelopment Agency Board to provide direction to staff to no longer pursue the sale of the Degraded Wetlands to a third party for mitigation credit.. Please feel free to contact either of us if you require any additional information. NNE xc: Dave Webb, City Engineer Howard Zelefsky, Director ofPlanning Attachments: 1. Parcel Map 2. Open SpacelWetland Preservation and Restoration Deed Restriction 3. Buffer area Maintenance Reimbursement Agreement 4. Storm Water Acceptance Easement 5. License Agreement for Lot AA - Degraded Wetlands U - 3 #5- License Terms Outline The initial term of the License shall be f6r20 years, renewable automatically for 5-year terms thereafter. The License shall grant the Conservancy the exclusive rights to use, manage and control Lots AA and BB, subject to the: Open Space/Wetlands Preservation and Restoration Deed Restriction on Lot AA Grant of Easement and Acceptance of Drainage on Lot BB Agreement for Buffer Area Maintenance Reimbursement on Lot BB The Conservancy shall be required to restore at its sole expense the degraded wetlands on Lot AA within 2 years of the granting of the License. The Conservancy shall operate and maintain Lot AA at its sole expense pursuant to the requirements of the Open Space/Wetlands Preservation and Restoration Deed Restriction. The Conservancy shall operate and maintain Lot BB, with the exception of the following items which will remain the City's responsibility: TO BE PROVIDED The Conservancy shall be reimbursed by the City on an annual basis for undertaking its obligations to operate and maintain Lot BB. The funds for this reimbursement shall be a pass through from the funds provided to the City under the terms of the Agreement for Buffer Area Maintenance Reimbursement. Each year, 90 days prior to the anniversary date of this License, the Conservancy shall submit to the City its budget for the cost to operate and maintain Lot BB. Upon approval by the City of the budget submitted, the Conservancy shall be reimbursed for the approved costs on a quarterly basis in advance. Any additional operational and maintenance costs undertaken by the Conservancy for Lot BB outside of those required hereunder or those herein defined as remaining the City's responsibility shall be the sole expense of the Conservancy. The City shall retain rights of access to undertake its maintenance responsibilities on Lot BB. 4 � - �_ C The homeowners association for the Waterfront Residential will be responsible for providing annual funding to the City for the maintenance of the Buffer Parcel. The Pubic Works Department anticipated having a third party maintain this area and prefer that the City continue to own the Buffer Parcel. Current Status/Issues Staff in Economic Development and Public Works have explored the possibility of selling the Degraded Wetlands to a third party agency for mitigation credit. The Port of Long Beach, California Coastal Conservancy, and CalTrans have all been contacted. We have determined that while degraded wetlands can sell for anywhere between $33,000 to $150,000 per acre given its mitigation value, this small stand-alone parcel of 1 acre with little mitigation value is not likely to be of interest to any of these prospective purchasers. Redevelopment law permits the Redevelopment Agency to sell or convey a parcel for purposes of redevelopment, and wetlands restoration would be considered redevelopment. The Agency can select a purchaser and convey the property for no consideration in exchange for a commitment to restore and maintain the Degraded Wetlands. The Redevelopment Agency would need to conduct a public hearing at which it would approve this conveyance pursuant to Heath & Safety Code Section 33431. Another alternative for the Degraded Wetlands would be for it to be conveyed by the Redevelopment Agency to the City. The City would then retain fee ownership and could license the use of the parcel to a third party for' -restoration, operation and maintenance. This option could also allow the City to have a wetlands parcel which could be used in the future for mitigation credit for a local project if necessary. The City is not able to convey the Buffer Parcel without declaring it surplus and following the surplus property procedure. With the encumbrance represented by the water quality system and - associated issues, the City may be unable to make the findings to declare the property surplus. In addition, there has been an easement granted for the acceptance of the adjacent residential community's storm water onto this parcel and into the water quality system. Also, it is unclear if the terms under which the property was dedicated to the City would preclude its sale as well. Also, the surplus property procedures would not necessarily result in the property being purchased by the same party as the Degraded Wetlands. As such, the Public Works Department is recommending that the City maintain ownership of the Buffer Parcel. Elements of the Buffer Parcel maintenance related to the water quality system may be best performed directly by the City. However, we would propose that the City enter into a License Agreement with a third -party for partial maintenance of the Buffer Parcel with terms that the third party would operate the Buffer Area. This would include a provision whereby a portion of the fimds from the Waterfront Residential would be passed through to the third party for use in the maintenance of only the Buffer Parcel. The third party entity to which the Degraded Wetlands would be conveyed or licensed and the Buffer Parcel licensed could be the same entity. This would simplify oversight of the Degraded Wetlands and the Buffer Parcel improvements as a single system. In addition, access to the Degraded Wetlands is best taken from the Buffer Parcel. The Huntington Beach Wetlands Conservancy, which is the interim manager of the Degraded Wetlands, has expressed an interest in being the third —parry entity to which the Degraded Wetlands is conveyed or licensed and the licensee for the Buffer Parcel. In addition, this local 501(c)3 non-profit corporation has acquired and restored other wetlands in Huntington Beach. Recommendations Since there is little likelihood that the Redevelopment Agency will be able to sell the Degraded Wetlands the following recommendation will facilitate the ultimate restoration of the Degraded Wetlands in a timely manner: Degraded Wetlands Parcel — • The Redevelopment Agency will convey the parcel to the City and the City will then enter into a License Agreement with the Huntington Beach Wetlands Conservancy for the restoration, operation and maintenance of the area, or Alternatively, The Redevelopment Agency will prepare an Agreement with the Huntington Beach Wetlands Conservancy under which the Conservancy will be granted title to the Degraded Wetlands in exchange for the restoration and perpetual maintenance of the area. Buffer Parcel • The City will prepare a License Agreement with the Huntington Beach Wetlands Conservancy for the Buffer Parcel which will also require the Wetlands Conservancy to maintain the Buffer Parcel as the City's authorized agent under the terms of the Buffer Area Maintenance Agreement with Mayer Financial, LP. Prior to us pursuing these alternatives related to the Degraded Wetlands and the Buffer Parcel, it would be appropriate for the City Council/Redevelopment Agency Board to provide direction to staff to no longer pursue the sale of the Degraded Wetlands to a third party for mitigation credit. Please feel free to contact either of us if you require any additional information. RO xe: Dave Webb, City Engineer Howard Zelefsky, Director of Planning Attachments: 1. Parcel Map 2. Open Space/Wetland Preservation and Restoration Deed Restriction 3. Buffer Area Maintenance Reimbursement Agreement. 4. Storm Water Acceptance Easement 5. License Agreement for Lot AA - Degraded Wetlands 2 n'milmo-lbm � £ i PAWW MO" ~ PARK ♦\IL LOT i .Lora Lor 2 ' . -\ \ rRACi 16638 L0r \, rRAGr 16636 ?ACT 0680 Z Lori* a . Fhwo.rnwo ietwwsraa �: \� � •! .r lesrrrls w...a wwnwaw,s ` ''� `� ��1 , •\• "� "� "p'�owl�i�tl�e�r , MO �•w! '\ y� �irr�'u���opr�yr�nlr�.iw , :. u wR1iRY�iA�� � •/ �AAL�Or1i�R'�IPIN� nar �•` IL i. wel.swr+m..r..a.i.rw �r 'i�irwr�wrir"�erar.: w��+c1101� \, . rau nnarlr.s retw�. re.r ,\ •w��a�mw.�e�wrouwsiarrrn �IRmt� �` �� THE . ROBERT MAYER CORPORATION 11 E 1�V.["1L ER.[ `J 1 'l lXU7lT '7CN0TON REACH;. CALIFORNIA JamilrJA 2m MOE • K wwi Mr�w Mr...w Rim TENTAATI�VE{{��T'��R+��A/�•CT MAP � ? 'R .... . 4��� �� � �.��� �� I 0 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16, 17 1s 19, 20 21 22 23' 24 25 26 27 2s RICHARDS. WATSOM a 96ASNON AfiVneya Ot LOW ff*="=rW*WM1:WMW Recorded in Official Records,County of Orange RECORDING REQUESTED BY AND Ga L. Granvllfe Clerk -Recorder CaliforniaI+I T0: IN1111111111111111IM111111111ra%4 CalifoCoastal Commission I III IJJJ IIII � � FEE 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/1 Attn: Legal Division 121 15 D12 49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, hereinafter referred to as the "Owner," is the record owner of the real property in the City of Huntington Beach, County of Orange, State of California, which is described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter refereed to as the "Property"); and I1. WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The Robert Mayer Corporation is, and at various times has been, the agent and representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trost are hereinafter collectively referred to as "Mayer." III. WHEREAS, the California Coastal Commission, hereinafter referred to as the "Commission," is acting on behalfofthe People of the State of California; and IV.. WHEREAS, the subject properly is located within the coastal zone as defned in Section 30103 of Division 20 of the California Public Resources Code, hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and V. WHEREAS, the Property includes an area (the "Degraded Wetland A.red!) within which there is an existing .696-acre degraded wetland located generally 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and �fr THIS INSTRUMMr FILED FOR RECORD BY FIRST AMERICAN WLE INSURANCE COMPANY AS AN 120611WA631622.5 1 ACCOMMODATION ONLY. rr HAS NOT OWN EXAMMM AS TO M EXBCUTION OR AS TO rrS EFFBCT UPON THS TITLE i I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal'Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chiga Land Trust. et al. v. California Coastal Commission; 'et al., Orange 15 County Superior Court Case No. 00CC05991, seeking to set aside the Commission's 16 approval of Coastal Development Pennit No. A-5-HNBB-99-275. 17 IX. WHEREAS, on September 14,1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, in er ffia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the -21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22,1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998,.the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on .28 1/1 RICHA"I". WATSON A GgR6HON Aeormys at Law f 12063\0003\631622.5 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 Ric"Aftow WATfON GaN$RON Allonmys d Law October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 i is therefore final, ML WHEREAS, pursuant to City of Huntington Beach CDP 97-15, Mayer has undertaken substantial site preparatory work and contends that it has incurred substantial liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and Conference Center. XIII. WHEREAS, on September 12, 2000, the Staff of the Commission issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a further review of the legal adequacy of the'City`s September 18,1998 Notice of Action. XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of Action was,, and is, legally adequate and not subject to challenge. XV. WHEREAS, on November 29, 2000, to resolve their disputed matters, the Commission, City of Huntington Beach, Agency, and Mayer entered intoa Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this reference (hereinafter referred to as the "Settlement Agreement"). XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as follows: liestnctton. The AgeecY stet execute anu record a Been xestrictton over the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for weettlTand ation and restoration uses. The Deed Restriction shall run with the fannd, binding all successors and assigns, and shall be recorded free ofprior liens that the Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be substantially in the forth attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the Commission. The Deed Restriction shall not -become effective a nIdss and until the Commission issues the Notice required under P gh 2, below, and City of Huntington Beach CDP 97-15 Is, and remains, final and not subject to appeal to the Commission. XVii. WHEREAS, Paragraph 2 of the Settlement Agreement further states as follows: rrr 1206310003163162M 3 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICMAROS. WATSON 6 GERSHON Attorneys at Caw Withdrawal of Commission Su nsion' e. Within five (5) days receipt of written proof that the Deed Restriction has been recorded consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be substantially in the form attached hereto as Exhibit T." The Commission shall take no action thereafter inconsistent or in conflict with that Notice. XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to proceed with the development authorized by City of Huntington Beach CDP• 97-15. XIX. WHEREAS, the Parties have entered into the Settlement Agreement without any admission of fault or liability of any kind or of any contention of any of the Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a manner mutually satisfactory to all of the Parties. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in the Settlement Agreement, the Owner hereby irrevocably covenants with the Commission that there be and hereby is created the following restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be attached to and become a part of the deed to the Property. 1. COVENANT. CONDI QN AND RESTI?,ItrT'ION. The undersigned Owner, for itself and for its heirs, assigns and successors in interest, covenants and agrees that: the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached hereto as Exhibit E and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the following subject to applicable governmental regulatory requirements: (a) the removal of hazardous substances or conditions or diseased plants or trees; 12063\0003\631622.5 4 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 RICHAHAB, VSfATL4M & (itRB 140M Attomeya at Law (b) environmental education uses pursuant to a coastal development permit, if required; and (c) wetland restoration uses pursuant to a coastal development permit, if required 2. DURATI(iN. This Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph '2 of the Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. Once effective, the Deed Restriction shall remain in full force and effect in perpetuity, unless subsequently removed or changed by a Coastal Development Permit issued by the Commission, and thereby confers benefit upon the Property described herein, and shall bind Owner and all its assigns or successors in interest. 3. R GM OF EThe Commission or its agent may enter on to the Degraded Wetland area of the Property from Beach Boulevard at times reasonably acceptable to the Owner to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. S. Any act, conveyance, contract, or authorization by the Owner, whether written or oral, which eases or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. The Commission and the Owner may pursue any and all available legal andtor equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of either party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement right regarding any subsequent breach. S. TAXES AND ASSE,SSMENT,$. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of (a) Article X1I1, section 8, of the California Constitution; and (b) section 402.1 of the Califomia Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the 12463%0003W 1622.5 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RMHARDS, WATSOH GERSWON AROmayf at Caw property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. SEYERABIL.ITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated: //- Z °/ , 2000 REDEVELOP AGENN OF THE CITY OF HUNTINGTON BEACH SIGNED!Zi Tom Harma . Chairman Pro Tem PRINT OR TYPE NAME OF ABOVE * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE * * 12063\0003\631622.5 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 Itn"ARtra. Wwr&*N a GERaHON AUaMoVA al Law STATE OF CALIFORNIA COUNTY OF ORANGE On j before me, . a- � 1� . a Notary Public personally appeared Tow+.. !4jmd "--r--.— • pe ,' kney kH%e-(erproved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)(gYafe subscribed to the within instrument and acknowledged to me that ('sl;elt* executed the same in6hogtheir authorized capacity(ies), and that by (91M�ir signature(s) on the instnrment the personi(s), or the entity upon behalf of which the person(v) anted, executed the instrument. WITNESS my hand and official seal. Signature — a 111 111 Ifl rrr u! rrf lei u! r!f r�l fff f�f 12063100031631622.5 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ric a Gvts"ONeoN Attwneya at Law This is to certify that the deed restriction set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commission when it executed the Settlement Agreement attached hereto as Exhibit "D" and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: 2.+000 o n Bowers, Staff Counsel Cali ormia Coastal Commission STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On 5 445� before me, Deborah L. Bove , a Notary Public personally appeared John Bowers , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which'the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 12063\0003163 t 622.5 Q r DEBORAH L. B NoMMM� 02RN A n SAN FRANGISCO CoLrM � �Y Corsim, ExpheS OCt 21, 2003 1206A0003163 J 576.1 EXHIBIT "A" THE PROPERTY — LEGAL DESCRIPTION Pagel of4 NO 0, the "Property„ p a BEACH BLVD �? � 105 T.P.O.R. LMF fJArA No. MR- ECTloN DISTANCE L 1 S 6957#590 W 30.03' L2 S 89*48*52" W 15.08' L3 N SZ540040 W 170.18' L4 N 5644'15" W 126.00' L5 N SIV2'09" W 122.87' L6 N 56'06'20" W 45.02' U . N 11'30'02" W 20.77' L8 N 3756106" f 15.59' L9 N 52.03'540 W 34.00' L 1 O S 3756'06" W 16.76' OF N VON " W 9 00' L 12 N 52'03'54" W 9.00' L 13 N 3756'06" E 7.28' L 14 N 52'03'54' W 34.00' L 1S s 37'S6'06" W 14.96' L 16 S 82'53'34' W 16 47' L 17 N 42*18'11 " E 7.52' Fla N 4741-I W .3685' L 19 N w 15'39" W 50 00' LIO L1 "`N L15 ell N'LY LINE L 16 f S1/2 NV/4 SEC 14-6-11 \ + rh PAGE r OF 3 PACES X-- CONSTRUrCtM s 33'0:'1'�3" 1� L O7 i 7rf 15536 Illi B 700144-5 NUMBER OaTA RODS LENGTH of 16'41'10" 94.00' 27 J8' C2 21'3554 1065.00' 401.47' C3 03'5011" 1135.00' 76.00' 04 05-42'06" 1065.00' 106.98' C5 050016" 1135.00' 110.03' C6 0248'13" 1060.00' $1.87' C7 . 05-54' 17" 2452.00' 252.70' R.O.W. DEOICAIW PER DOG. RECAS `TIN& NO. 5-0364748�O.R. L 0'T i Z-p t WAPH1C SCALE Page 2 of 4 EXHIB T 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS. AS PER MAP RECORDED IN BOOK 51. PAGE 14 OF MfSCELLAN£OUS MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE. OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89' 15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH O0' T 7'01.' WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY 'RIGHT OF WAY OF PACIFIC VIEW AVENUE. DEDICATED PER SAID TRACT NO. 15535, THENCE ALONG SAID GENERAL. NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET; THENCE SOUTH 88'4852" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 1641'10" TO THE BEGINNING OF A COMPOUND CURVE'. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAND POINT BEARS SOUTH 15'30'02' WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21 `35'S4" THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE . TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF I Y35.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03.50'110; THENCE TANGENT TO SAID CURVE NORTH 5W44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05-42'061, THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 1135.00 FEET: THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL. ANGLE OF 05-33'167,• THENCE TANGENT To SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 1130*02* WEST 20.77 FEET; THENCE NORTH 37'56'06" EAST 15.58 FEET; THENCE- NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37*56'06" WEST 16.76 FEET; THENCE NORTH 52'O3'54" WEST 1&00 FEET: THENCE NORTH 37'56'06' EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06' WEST 14.95 FEET THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20' WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 5i.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95-- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42018-11" EAST 7.52 FEET.THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Page 3 of 4 I - w RlmlfU ?A' PAGE 3 OF 3 PACES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS Of 2452.00 FEET, THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'$4`17* TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 140- FENCE LEAVING SAIIJ GENERAL NORTHEASTERLY RICK OF WAY, ALONG SAID NORTH LINE SOUTH 89*1539" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 22.65 +/ ACRES AS SHOWN ON PAGE I OF THIS EXHIBIT *A". DATED THIS _U ___,_ DAY OF + �''� R --, 2000 JLtISEL TON. L.S. 5347 . '2131103 Page 4 of 4 EXHIBIT "B" DEGRADED WETLAND AREA — GENERAL. CONFIGURATION 12063\0003\633576.1 Page 1 of 2 EOW V PAGE a of f PAGES BEACH BOULEVARD .............................. � WM � � .may � � �� � � �� t � � � � �� � � �M • it � � �� � � wq� OMM CRAPH1C SCALE Page 2 of 2 \ 1 S EXHIBIT "C" DEGRADED WETLAND AREA - LEGAL DESCRIPTION 12063\0003\633576.1 Pagel of 3 LAP aere NO. DUWcnaN WMYCE Lr S W17'f0' W 257J5' L2 IN V W 14.00' L3 N 0f'OB'12' E L4 N 45'1 f W 65.401 LS N 85' VOm W 3127' L6 IS 55-48" W 21.31' L7 I N 8T l7'23" W 48.09' CS IS 4T2XSl W 104.1-0' 19 1 S B4'S7`r8' W 7.30' Lf0 N 3SW460 W AM L 11 N 25'S8'40' E 262.04 L12 N 22`2735' W 4,.W 03 N 46'37W" E 23:OT L14 N 2492f �30` E 120.60" L l5 N BMW E 17.12' L 16 S Q2'5slir W 92.82' L 17 I S S?05'49& W J7.38' L18 IS 2S M'52' E 21.31' L19 N 80'2rW E JJM' L20 S 48'29'4r E 37.00' L21 S IX57W W 77.40' O S 44'O WO W 34.49' L23 N 56`3nra' W 21.74' L24 S 29Vi'58' E 26.68' L25 S 78'10'Jr E 18.00' L26 N 33'T831' E 98.78' L27 N W14'19' E 65&88' L28 N 89'4Z'50" E 1 0.00' PAGE i OF 2 PAGO v 1p L3 Page 2 of 3 Fy f V r PAGE 2' OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUN17NGTON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNAMBEING A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS. AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE - PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14. 1999 IN .BOOK 790, PAGES 44 THROUGH 50, INCLUSIV& OF MAPS, RECORDS OF THE COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST: ONE -QUARTER OF SAID SECTION 14. PER SAID TRACT MAP; ; THENCE ALONG TIME NORTHERLY LINE OF SAID SOUTH ONE-HALF. NORTH 89615'39" WEST: 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN 'ON (SAID TRACT MAP; THENCE : ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00' 17'01' WEST 681.85 ' FEET TO THE TRUE PQ(fj(]' OEBEC..INN/NC: THENC& CONTINUING ALONG S410 WESTERLY RIGHT OF WAY, SOUTH 00'17'10" WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87*33'37" WEST 14.00 FEET; THENCE NORTH 01.08'12' EAST 8.59 FEET; THENCE NORTH 45'11130' WEST 65.40 FEET; THENCE NORTH 85.2XOD"..WEST 35.27 ; I =- THENCE SOUTH 2405548" WEST 21.31 FEET; THENCE NORTH 87'17230; WEST 48.09 FEET; THENCE SOUTH 47 23'51" WEST 104.14 FEET; THENCE ,SOUTH 84'57'19" , WEST" 7.30 FEET; THENCE NORTH 35'26'46' WEST' 36.33 FEET; THENCE NORTH 25'58'40" EAST 262.04 FEET; THENCE NORTH 22'27'35" WEST 4.50 FEET; THENCE ' NORTH 46'37'29" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET; THENCE NORTH 83 2733' EAST 17.12 FEET;' THENCE SOUTH, 02'55'37" WEST 92.62 FEET; THENCE SOUTH 52005 *49 4' WEST 37 38 F41; THENCE • SOUTH 2W20152' EAST - 21.31 FEET; THENCE NORTH 60'23"t 7'- t4sr 33.54 FEET; THENCE SOUTH' 48129'43" ; EAST 37.00 FEEL; THENCE SOUTH 13 57'24" WEST 77.40 FEET; THENCE SOUTH 44'05107" WEST 34,49 FEET; THENCE .NORTH 56031'38' WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78*10*37" EAST 18.00. FEET; THENCE NORTH 33'19'31 " EAST 98.78 FEET; THENCE NORTH . OO'14'09" EAST 65.86 FEET; THENCE NORTH 89'42'50" EAST 6.00 FEET; TO SAID WESTERLY RIGHT .. OF WAY. AND M TRUE POINT OF LIMM lNG. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAID, MORE OR LESS. - AS SHOWN ON PAGE 1 OF THIS EXHIBfT 'Ct 'DATED THIS 3 DAY OF ke'M 2000 UMD Lt E)P.12/31/03 USELTONL.S.5347 A 121JI10 � Page 3 of 3 r 12063\00031633576.1 EXHIBIT "D" SETTLEMENT AGREEMENT Page I of 30 ►����s�rir�� a RECORDING REQUESTED BY. AND WHEN RECORDED MAIL TO CONNI E BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http:/lwww.d.hunfjngton-beach.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92648 l2�C r�v�,� ; rcz-f �t1v.ti.'�✓ �(y . Retarded in Official Retards" 3 Tam Oaly, Clerk -Recorder Countyf Orange 11l1l11111I111111l1!l111I11l�Il1N1l1I11111l1lI 1l11l1l1l11l lNO FEE iao 11 Ala 010 03000555502 04:30pm 05/14/03 0.00 0.00 o.ao 0.o0 0.00 0.00 o.oa o.eo (Space Above for Recorder's Use) Is cl=umen t is €010V fbr 1ha ckd busineas of the City AGREEMENT -luntington Beach, as contern- ted under Government Code (Buffer Area Maintenance Reimbursement) 3.6103 and should be recorded a of c; :acgz, lqd-� This Agreement is made and entered into as of the S' day of Janimr-y, 2003, by and between MAYER FINANCIAL, L.P., a California limited partnership ("Developer"), and the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), with reference to the following: RECITALS A. Developer is the owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California as more particularly described on Exhibit "A" attached hereto .(the 'Buffer Area"). B. The Buffer Area is located immediately adjacent to a 184-unit multi -family residential project being built by PLC/Lyon Waterfront Residential, LLC, a Delaware limited _ liability company ("Builder"), which is generally known as "The Waterfront" (the "Project") and in which a homeowners association (the "HOA") has been, or will be formed. C. On or about March 12, 2002, the Planning Commission of the City issued its. Conditions of Approval "of Tentative Tract Map No. 15549 .(governing the development of ,the Project) which- provided, in Section 4('f)(7)thereof, With..respect to the maintenance of the Buffer Area as follows (the "Buffer Area Condition of Approval"): Once the final design plans have been prepared, an irrevocable trust fund shall be established with an initial amount of $30,000 naming the City of Huntington Beach as Trustee. This fund shall be for the purpose of funding and paying the cost of maintenance, inspections, maintain vector countermeasures, cleanup, operation, monitoring, sampling, replacement planting, plant harvesting, sediment and gross pollutant removal of the buffer area (Lot BB of TTM No. 15549) as provided by the City and its agents. The developer, or the Home Owner's Association (HOA) as This document is solely ftr the FARLESWP5 1 \DLB%WATERFNT%BFFAREA4. DOC 1 offlclal business of the City 03/21103 of Huntington Beach, as conten-'. Plated under Government Cods successor, shall be responsible for maintaining this fund through payments on a yearly basis. The Covenants, Conditions and Restrictions (CC&R's) for the HOA shall be reviewed and approved by Public Works prior to occupancy of the first unit. This requirement shall be explicitly defined in an agreement with the .developer, and in the CC&R's for the HOA, and shall .be binding as long, as the buffer area is in place. Once adopted, this provision in the agreement or the CC&R'.s shall not be altered, amended or deleted without prior approval from the City of Huntington Beach Public Works Department. D. Developer and City now desire to enter into this Agreement for the purpose of satisfying the Buffer Area Condition of Approval. Now, therefore, in consideration of the above Recitals, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Fctahlishment of Trust Fend. City shall establish a designated separate account (the "Trust Account") in which the Trust Funds (as that term is defined in Section 2 below) shall be (i) held by City as trustee and (ii) disbursed by City only as provided in Section 2 below. 2. Trtiqt Funds. All funds deposited, held and disbursed from the Trust Account (the -"Trust Funds") shall be subject to the following: a, initial nppasit of Tmot Hinds. Within thirty (36) days of the execution of this Agreement by Developer and City, Developer shall deliver to City for immediate deposit into the Trust Account the sum of Thirty Thousand and No/100 Dollars ($30,000.00) (the "Initial Deposit"). b. lnt _r .st no Trust Funds, The Trust Account shall be interest bearing at the same rate as is earned on City funds held for investment for periods of not less than ninety (90) days. All interest earned on the Trust Funds shall be (i) promptly reinvested in the Trust Account and (ii) deemed to be Trust Funds. C. City Services/ Ise of Trust Fends, City (or its authorized agent) shall provide the following services with respect to the Trust Account and the Buffer Area (the " Permitted Services"? and is entitled to make periodic disbursements of Trust Funds from -the Trust Account in :payment only.of such Permitted Services: (1) Maintenance, City shall operate and maintain the Buffer Area in a clean condition (including maintaining appropriate vector countermeasures, plant harvesting, sediment and gross pollutant removal) on an "as needed" for proper operation basis; (2) Insperrtinns. City shall monitor and inspect (including taking and analyzing Buffer Area soil samples) the Buffer Area on a reasonable basis [not to exceed four (4) site inspections/samplings per year]; ;::\FILES\W PB 1 \DLB\WATERFNTIBFFAREA4.D0C 2 03121/03 (3) B.pair. City shall replace damaged planting within the Buffer Area on an "as needed" for proper operation basis; and (4) City shall provide the administrative and reporting services more particularly. described in Section 2(d) below. d; Arninie ra inn; Annual Acr-bun_ tip, During the term of this Agreement, City shall (1) administer the Trust Account and 00 deliver to Developer on or before the anniversary of the date of this Agreement each year a detailed accounting [supported by copies of invoices for any expenditure in excess of One Thousand and No/100 Dollars ($1,000.00)1 of all disbursements from the Trust Account during such year. Costs reasonably incurred by City in performing such administrative duties and providing such reports shall be subject to reimbursement to City from the Trust Funds; provided, however, that such costs shall not exceed an aggregate of five percent (5%) of the actual costs reasonably incurred by City in performing the Permitted Services with respect to the Buffer Area for the year in question. e. j3PJMhtir5arnant of Trust Filmic, Developer shall cause the Trust Account to be reimbursed for Trust Funds expended by City on the. following basis: (1 ) Annual Reimhurst-Ment, Reimbursement shall be made on an annual basis by delivery to City of a check in the amount of the reimbursement within ninety (90) days of receipt.by Developer from City of the Accounting. (2) Amaunt n# R ._ imhl�r mpnt, Subject to the provisions of Section 2(e)(3) below, the amount to be so reimbursed shall be such amount as is necessary to bring the Trust Account balance up to Thirty Thousand and No/100 Dollars 030,000.00). :(3) AdjtmmiFnt of Reimb"rsamQn cif Trust Fund-, Arnatint. If during the term of this Agreement the aggregate costs incurred by City in providing the Permitted Services with respect to the Buffer Area in any given year (the "Annual Aggregate Costs") exceed the sum of Thirty Thousand and No/100 Dollars ($30,000.00), the amount to be reimbursed pursuant to Section 2(e)(2) above with respect to such year shall be equal to the lesser of (i) such Annual Aggregate Costs or (ii) Thirty Thousand and No/100 Dollars ($30,000.00) adjusted as provided below to reflect the percentage increase, if any, in the CPI (as defined below) during the preceding year. For purposes of calculating the percentage increase in the CPl for any given year, the CPI published for the month..of January of the year immediately preceding .the year in question and'the CPI published for the month of January of the year in question shall be used. In no event shall the percentage increase in the amount of the reimbursement be greater than five percent (5%) in any year, As used herein, the term "CPI' shall mean the Consumer Price Index for all Urban Consumers, All Items, Long Beach Average, as published by the Bureau of Labor Statistics of the U.S. Department of Labor. If the CPI shall cease to exist, then such other index generally recognized as a successor index thereto, as agreed upon by City and Developer, shall be used in lieu thereof. City shall make the foregoing adjustments and shall give written notice to Developer of the adjusted amount to be so reimbursed, together with its reasonably detailed calculations thereof, no later than thirty (30) days prior to the date the reimbursement is due hereunder. F: FILE$1WP5I%DLHIWATERFNTIBFFAREA4.O0C 3 03121l03 f. AG .irdPntal Damapps/Improvements to RuffPr Area. Notwithstanding anything to the contrary, Trust Funds shall not be used by City for repair or improvements that are a result of accidental damage or pollution to the Buffer Area uulesa such accidental damage or pollution is caused by,or results directly from,. an action or omission committed by Developer, Build.er,,the HOA or the owners.of residences within the Project: 3, No ntlty of Maintain. Except as provided herein for payment and/or reimbursement of the Trust Funds, Developer shall have no duty to maintain the Buffer Area. 4. In�ifi _cation bu City. City hereby agrees to indemnify, protect, defend and hold Developer harmless from any claim, loss, damage, liability, lien, cost and/or expense (including attorneys' fees and court costs) arising out of or in any way related to the performance or failure of performance by City (or its authorized agent) of any Permitted Services or use of the Trust Funds except in accordance with the provisions of this Agreement. 5. Notioes. All notices required to be given under this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be -effective upon delivery, if hand del[vered; and forty=eight (48)" hours._after d.ispatch;:if, rhai led in accordance with the above. -Notices to the respective parties shall -be - sent to the following addresses -unless written notice of a change of address has been given pursuant hereto: If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Director of Public Works If to Developer: Mayer Financial, L.P. c/o The Robert Mayer Corporation Suite 1050 660 Newport Center Drive Newport Beach, CA 92660 Attn: Larry. Brose. 6. SllrrPaaors and Assigns This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. Developer shall be entitled to assign this Agreement, or any interest therein, to the HOA or Builder (in which case Builder shall be entitled to subsequently assign its interest herein to the HOA) by one (1) or more written assignment(s) recorded in the Official Records of Orange County, whereupon Developer (or Builder in the case of any subsequent assignment by Builder to the HOA) shall be automatically released from any further obligations hereunder. F:\FILES\WP51 \6LB\WATERFNT\BFFAREA4.D0C 4 03/21/03 { 7, Sni in prpnrtS and FaCSimilP Signa#tice. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. if this Agreement is so executed by one {1 ) or more parties in counterpart, -the pages bearing the signatures of such parties may be transmitted to the other parties .by.way of facsimile, which transmission shall be deemed the same as delivery hereunder of original signatures. . g, rn)tPming aw and Venue. This Agreement shall be construed in accordance with, and governed by the laws of the State of California, with venue in the County of Orange, State of California. 9. Revnrghill . In the event that any provision of this Agreement, or the application thereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed from this Agreement. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this Agreement shall continue in full force and effect. 10. Fntim- AQraempn#. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. 11. -Fi irthst ASsi,r M66,;_ Each of the parties hereto hereby.agrees .to execute such further documents or instruments as may be necessary or appropriate to carry out the intention of this Agreement. 12. FxWhits. All exhibits to this Agreement are incorporated herein by this reference as though fully set forth in the body hereof. 13. Ynariy Time2arinds. Unless otherwise set forth herein, each "year" or "yearly" period referred to herein shall be deemed.to commence on the day and month upon which this Agreement is dated. [Balance of this page intentionally left blank] FARLESMP5I0LB1WATERFNTOFFAREA4.DOC rj 1­n, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. DEVELOPER: MAYER FINANCIAL, L.P., a.California limited partnership By: RLM Management Inc., a California corporation as its General Partner By: Its: Chairman Pr sident By: Its: CITY: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its:, By: Its: t1d✓ Cllok s/�3 C ty Adm strator torntey. rector of Public F:TILES\WP= ;'DLB\WATERFNT\BFFAREA4.D0C 01/14/03 EXH1BfT 'A' THE BUFFER AREA MMB N 0 50, 100, 200, 400` GRAPHIC SCALE FUSCOE ENGINEERING SAN DIEGO I1vC. 6390 GREEiVWICH DR. STE. 170 SAN DIEGO, CA 92122 PHONE (858) 554-1500 r EXHIBIT "A" THE BUFFER AREA THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE I I. WEST OF THE RANCHO LAS B. OLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY.OF ORANGE. LOT BB AS SHOWN ON THE MAP OF TRACT NO. I5549, RECORDED IN BOOK PAGES THROUGH , INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _a- 1 1 Q z Q County of _ QjA 12 A G 4�1,� le r On 0 before me, - to ` N and Tic! cf offk6r (e.g., "JaiS 6". No �y Public} personally appeared iC f ,�aln 1i7C 041..,ge , personally known to me —' OR — KELLY LOU"' MANIC Commission 11372699 z i ,,� Notary Public - California � z Orange County My Comm. Ex0resSeP 1, 200b seii are ubscribed to t�'Oxecuted n instrument and acknowleci*hei me that helsh the same in i the uthorized capaci, and that by his/he their ig(s) on the instrument the person(s), or the en-Tity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuabhIa persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ©ocume'rit Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): -- ❑ Partner — ❑ Limited ❑ 'General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator WNEW, Eli ❑ Other: Top of thumb h Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer . Title(s): ❑ Partner —❑ Limited '—"'-'General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i I I Signer Is Representing: i-Ann-876-6827 STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE ) On, March 18 ; 206 3, before me, Jan Smith. , Notary Public, personally appeared ROBERT MAYER personally known to me to be the person("hose name*4s/ere subscribed to the within instrument and acknowledged to me that hefshe{tf°rey executed the same in hisfl%-#theif-t authorized capacityhesr and that by hls/t— t# signature(s) on the instrument the person(e), or the entity upon behalf of which the person(6) acted, executed the instrument. WITNESS my hand and official seal. .uw SMITH ignatu [SEAL] Commission # 1348883 -o; Notary Public - California Orange County (fir CUMM E6 OMA Apr 26, Zoos STATE OF CALIFORNIA .) ) ss. COUNTY OF ORANGE } On April 11 , 200 3, before me, Jan Smith , Notary Public, personally appeared ROBERT L. MAYER, JR. Sp4 , personally known to me to be the person(*whose nameH is/emssubscribed to the within instrument and acknowledged to me that hefeh64hey<executed the same.in his/fir authorized capacityA%, and that by hisA"FA i signature* on the instrument the person(}, or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. JAN sM1TH ' ' f Signature [SEAL] i Commission#1348883 Z d Notary Public - California Orange County My Comm. Expires Apr 26, 2006 F:TILESiWP51XDLB\WATERFNT\BFFAREA4.DOC 7 01/14/03 January 6, 2003 City of Huntington Beach. 20M MAIN STREET CALIFORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 714/375-5087 Housing 7141536-5542 Mr. Gary Gorman Huntington Beach Wetlands Conservancy P.O. Box 5903 Huntington Beach, CA 92615 RE: Extension of the License Agreement for Lot AA (Degraded Wetlands, Waterfront Project) The License Agreement by and between Mayer Financial, L.P., the Huntington Beach Wetlands Conservancy (Conservancy), and the Redevelopment Agency of the City of Huntington Beach (Agency), approved on May 5, 2001, automatically terminates when Mayer conveys Lot AA (Degraded Wetland) to the Agency. The quitclaim deed transferring the parcel to the Agency was recorded on December 20, 2002. According to Section 3.5 of the agreement, with the written approval of the Agency, the term of the License Agreement with the Conservancy may he extended for a specified period acknowledgmg that Mayer is'automatically released from any and all obligations'for the maintenance, restoration or preservation of the Degraded Wetland Area. This letter authorizes the extension of the License Agreement with -the Conservancy to June 30, 2003. By the Chairman of Huntington Beach Wetland Conservancy signing below, the License Agreement will be extended; thereafter, the Agency may provide additional written approvals to extend the License Agreement with the concurrence of the Conservancy. After the Chainnan signs, please return the original signed copy of this letter to the above address. Should you have any questions, please call Carol Runzel, Assistant Project Manager, at (714) 536-5224. SWSY David. C. Deputy Executive Director cc: City Council/Agency Board Ray Silver, City Administrator/Executive Director The Huntington Beach Wetlands. Conservancy hereby accepts Mending the term of the aforementioned Lic A ent to June , 03. Signed:;: Dated: j' ` 0 3 Cha untmgton ?e h Wetlands Conservancy 4TOrGtGbYL LV. J Wl t + •k-) C �a.l Vt kV1G1.1rlr• LICENSE AGREEMENT BY AND BETWEEN MAYER FINANCIAL, L.P., HUNTINGTON BEACH WETLANDS CONSERVANCY, AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RELATING TO THE DEGRADED WETLAND AREA ARTICLE 1 PARTIES AND DATE This License Agreement ("Agreement") is entered into as of may 7 , 2001, by and between MAYER FINANCIAL, L.P., a California limited partnership ("Mayer"); HUNTINGTON BEACH WETLANDS CONSERVANCY, a California non-profit corporation ("Conservancy"); and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic ("Agency"). ARTICLE 2 RECITALS 2.1 Mayer is. the fee owner of that certain real property located in Huntington Beach, California, and described in the attached Exhibit "A" ("Degraded Wetland Area") and incorporated herein by this reference, and owns such property subject to the terms and conditions in the Deed Restriction and easement described in Section 2.2, below. 2.2 Agency has expressly reserved for itself a perpetual, non-exclusive easement on, over and across the Degraded Wetland Area ("Conservation Easement") pursuant to a Grant Deed recorded on or about the date of this Agreement which Grant Deed conveys certain Agency property (including the Degraded Wetland Area) to Mayer. The Conservation Easement was - reserved by Agency for those purposes set forth in that certain Open Space/Wetland Preservation and Restoration Deed Restriction recorded against the Degraded Wetland Area on December. 19, 2000 as Instrument No.20000689468 in the Orange County Recorder's Office ("Deed Restriction"), under which Agency is a beneficiary. The Deed Restriction was recorded pursuant to that certain Settlement Agreement entered into on or about November 29, 2000 by and between the City of Huntington Beach ("City"), the California Coastal Commission ("Commission"), the Agency, Mayer, and Mayer related entities (the "Settlement Agreement"). The easement reserved in the Grant Deed by Agency constitutes a "conservation easement" in favor of Agency pursuant to California Civil Code Section 815.1. The terms, conditions .and restrictions in the Grant Deed and Deed Restriction are incorporated herein by -reference. 2.3 Conservancy has been selected to maintain the Degraded Wetland Area and ensure that the use of the Degraded Wetland Area is in compliance with the Deed Restriction until such time as fee ownership of the Degraded Wetland Area is conveyed back to the Agency by Mayer pursuant to that certain Amended and Restated Disposition and Development Agreement entered into by and between Agency and Mayer on September 14, 1998, as amended by the First Implementation Agreement to Amended and Restated Disposition and Development Agreement (the "First Implementation Agreement") entered into on or about May 15, 2000, and the Second Implementation Agreement to Amended and Restated Disposition and Development Agreement (the "Second Implementation Agreement") entered into on or about February 5, 2001 (collectively, the "DDA"). Nothing contained in this Agreement shall change the rights or obligations of the respective parties under the DDA. 2.4 Mayer and Agency desire to give Conservancy permission to gain access to the Degraded Wetland Area, and Conservancy desires to obtain permission to gain access to the Degraded Wetland Area, for purposes related to the performance of Conservancy's duties under this Agreement, the Deed Restriction and the Conservation Easement. ARTICLE 3 TERMS 3.1 Permitted Uses. Mayer and Agency hereby grant to Conservancy (including Conservancy's employees, consultants, subconsultants, representatives, and agents) a temporary, nonexclusive right to enter onto the Degraded Wetland Area for the purposes described below relating to interim maintenance of the Degraded Wetland Area, in accordance at all times with the requirements of the Deed Restriction, the Conservation Easement and the Settlement Agreement (collectively, the "Permitted Uses'); a. Maintain the Degraded -Wetland Area: by removing accumulated trash and debris from the Degraded Wetland Area, and take any and all other steps required by the Deed Restriction for maintenance of the Degraded Wetland Area. b. inspect the Degraded Wetland Area on a regular basis and report promptly to Agency and Mayer any condition causing or likely to cause significant damage or destruction to the Degraded Wetland Area. c. Comply with all other requirements of the Deed Restriction, Conservation Easement, and Settlement Agreement. With the exception of the Permitted Uses described in this Agreement and other uses first approved in writing by Mayer and Agency, Conservancy shall not be authorized to use the Degraded Wetland Area for any other purpose whatsoever. Without limiting the foregoing, in no event may the Conservancy place any signs, placards or related items on or around the Degraded Wetland Area on a permanent or temporary basis without the prior express written consent of the Agency. and Mayer. Additionally, the express written consent of the Agency and Mayer (which consent shall be in the Agency's and Mayer's sole and absolute discretion) shall be obtained prior to the Conservancy (i) allowing the entry of any person to the Degraded Wetland Area except those direct representatives of the Conservancy who enter for the specific purposes of performing the Conservancy's obligations hereunder, (ii) planting any plant materials, performing any restoration or alteration of any nature whatsoever to the Degraded Wetland Area 2 or surrounding property, (iii) filing each and any specific permit application with any governmental agency regarding the Degraded Wetland Area or surrounding property, (iv) seeking each and any specific grant or loan or engaging in any other specific fund raising effort for the Degraded Wetland Area, or (v) making any use thereof other than for the uses specifically prescribed in this Agreement. Conservancy shall use the Degraded Wetland Area at reasonable times and in a reasonable manner. Nothing herein shall constitute a grant of any real property interest in the Degraded Wetland Area to the Conservancy other than the limited license. 3.2 Compliance with Laws. The Conservancy shall comply with all federal, state and local laws, statutes and ordinances in connection with Conservancy's entry on the Degraded Wetland Area and performance under this Agreement. 3.3 Effective Date. The effective date of this Agreement shall be the date set forth above in Article 1 of this Agreement ("Effective Date"). 3.4 . Term. This Agreement shall be effective for the entire period during which Mayer holds fee title to the Degraded Wetland Area, and shall expire upon Mayer's conveyance of fee title to the Degraded Wetland Area to Agency pursuant to the DDA, but in no event shall this Agreement be effective for longer than twenty (20) months from the Effective Date ("Term"), unless earlier terminated or extended pursuant to this Agreement. Upon the expiration of the Term, no additional instrument, consent or action by either party shall be required to terminate this Agreement. With the prior written approval of the Agency, the Term referred to in this Section 3.4 may be extended for a specified period, provided, however, that upon reconveyance of fee title to the. Degraded Wetland Area to. the Agency and concurrent termination of this Agreement; Mayer shall be automatically released from any and all obligations for the maintenance, restoration or preservation of the Degraded Wetland Area. 3.5 Compensation. Neither Agency nor Mayer shall be required to pay Conservancy any monetary compensation for Conservancy's performance under this Agreement. 3.6 Condition of Licensed Property. Upon the expiration or termination of this Agreement, Conservancy shall cause the Degraded Wetland Area to be left in the same condition as the Degraded Wetland'Area was in prior to Conservancy's entry onto the Degraded Wetland Area, subject to any changes to the condition of the Degraded Wetland Area that are required or necessary in order to satisfy or comply with the Deed Restriction. Conservancy shall, at its sole cost and expense, repair or cause to be repaired any damage to the Degraded Wetland Area caused by Conservancy to the Degraded Wetland Area. Conservancy acknowledges that on the Effective Date of this Agreement that Mayer is and shall be engaged in significant construction activity adjacent to the Degraded Wetland Area for an extended period of time. Nothing in this Agreement shall be construed as a limitation upon such construction activity or an obligation of Mayer or Agency to restore or otherwise improve the existing condition of the Degraded Wetland Area in any manner. 3.7 Vector Control. Orange County Vector Control shall be permitted to enter. the Degraded Wetland Area for vector control purposes as it deems necessary. 3.8 Entry by Mayer and Agency. Nothing in this Agreement shall be construed to restrict or prevent Mayer and Agency, and their respective agents, consultants and assigns, entry to the Degraded Wetland Area. 3.9 Adjacent Property". Conservancy acknowledges that Mayer intends to seek various governmental permits regarding the development of property adjacent to the Degraded Wetland Area and the. establishment of a suitable buffer zone between the Degraded Wetland Area and such development. 3.10 Hazardous Materials. Conservancy shall not store or use or consent to the storage or use of any Hazardous .Materials on the Degraded Wetland Area at any time during the Term. As used in this Agreement, "Hazardous Materials," means any substance, material or waste which is or becomes regulated by the United States government, the State of California, or any local or other governmental authority, including, without limitation, any material, substance or waste which is (i) defined as a "hazardous waste", "acutely hazardous waste", "restricted hazardous ' waste", or "extremely hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code; (iii) defined as ' a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code; (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapter 20; (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever,- which by any governmental requirements either requires.. special handling in its use, transportation, generation, collection, storage, treatment or disposal, or is defined as "hazardous" or is harmful to the environment or capable of posing a risk of injury to public health and safety. 3.11 No Encumbrances. Conservancy shall keep the Degraded Wetland Area free from all encumbrances and liens of any kind during the Term of this Agreement. Conservancy shall promptly pay and discharge all demands for payment relating to Conservancy's entry on and investigation of the Degraded Wetland Area and take all other steps to avoid the assertion of claims of lien against the Degraded Wetland Area. In the event a claim of lien is recorded by reason of Conservancy's or its agents' entry on the Degraded Wetland Area, Conservancy, within twenty (20) days from the date of such recordation, shall either (i) record or deliver a surety bond sufficient to release such claim or lien in accordance with applicable law; or (ii) provide Mayer and Agency with such other assurance as Mayer and Agency may require for the payment of the claim or lien. 4 3.12 Insurance. 3.12.1 Conservancy shall obtain, at its sole cost and expense, and keep in full force and effect, during the Term, the following insurance policies: (a) General Liability Insurance with a minimum coverage limit per occurrence of not less than $1,000,000. A "Claims made" designation is only acceptable for professional or pollution liability insurance. (b) Workers' Compensation Insurance. in an amount and form sufficient to meet all applicable governmental requirements, with a minimum coverage of at least $100,000 for bodily injury per disease or accident per occurrence. 3.12.2 Mayer and the Agency and City and their agents, officers and employees shall be named as the "Certificate Holder" and as additional insureds for each insurance policy required herein. Each such policy shall contain a provision that: (a) for all claims, accidents, injuries and damages occurring in or about the Degraded Wetland Area, provides primary coverage without contribution from any other insurance carried by or for the benefit of Mayer and/or Agency, (b) the policy shall not be cancelled and the amount thereof shall not be reduced unless thirty (30) days' written notice shall have been given to Mayer and Agency by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds, except that the policy shall not be cancelled for non-payment of premiums unless ten (10) days' written notice shall have been given to Mayer and Agency in the manner. set forth herein. All insurance required to be carried by Conservancy pursuant to the terms of this Agreement shall. be effected. under valid and enforceable policies issued by reputable and independent insurers licensed in the State of California with a current A.M.-Best's rating of no less than ANII. 3.12.3 Prior to entry onto the Degraded Wetland Area, Conservancy shall deliver to Mayer and Agency appropriate certificates of insurance evidencing the insurance required to be carried pursuant to this Section 3.12. 3.12.4 Conservancy agrees to indemnify, defend, protect and hold Mayer and the Agency and the Degraded Wetland Area free and harmless from any and all loss, liability, claims, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising directly or indirectly from the exercise of said license. Such undertaking of indemnity shall survive the termination of this Agreement for any reason. 3.13 Default. 3.13.1 Failure or delay by any party to perform any term or provision of this Agreement constitutes a default under this Agreement. The non -defaulting party shall give written notice of default to the defaulting party, specifying. the default complained of. The defaulting party must cure, correct or remedy such failure or delay within ten (10) days after receipt of such written notice of default. Failure or delay in giving such notice of default shall not constitute a waiver of any default, nor shall it change the time of default. Delays by any party in asserting any of its rights and remedies shall not deprive any party of its right to institute 5 r and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 3.13.2 Any notice of default that is transmitted by electronic facsimile transmission during regular business hours of regular business days followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice of default that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice of default that is sent by registered or certified mail, postage prepaid, return receipt required shall be deemed received on the date of receipt thereof. 3.13.3 In the event a default is not cured by the defaulting party within the time, set forth in this Section 3.13, then the non -defaulting party may terminate this Agreement in writing. 3.14 Termination. Notwithstanding Section 3.13, this Agreement may be terminated in writing by any party in its sole and absolute discretion upon thirty (30) days' prior written notice to the other parties. 3.15 Attorneys' Fees, In any action between any of the parties seeking enforcement or interpretation of any of the terms and provisions of this Agreement or a declaration as to the meaning hereof, or in connection with the Degraded Wetland Area, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and: expenses,. got limited to - taxable - costs; reasonable attorneys' fees and reasonable fees of expert witnesses. 3.16 Assignments. This Agreement may not be assigned by Conservancy without the prior written consent of Mayer and Agency which consent may be withheld in Mayer's or Agency's sole discretion. 3.17 Binding_Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. -- 3.18 Amendments. No provision of this Agreement may be amended or added to except by an Agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 3.19 Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto. 3.20 Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Z 3.21 Authorijy to Enter Into Agreement. The individual(s) executing this Agreement on behalf of each party is (are) authorized to execute this Agreement on behalf of said party. Each party has taken all actions required by law to approve the execution of this Agreement. 3.22 Representatives. The following individuals shall be designated as representatives of the parties hereto. Larry Brose is designated as Mayer's representative; Gary Gorman is designated as the Conservancy's representative; and Gustavo A. Duran is designated as the representative of the Agency. Any of the parties may change such designated representatives by giving the other party written notice of such change. 3.23 Counter. This Agreement may be executed in counterparts and when so executed, each such counterpart will constitute an original document and such counterparts will constitute one and the same agreement. 'IN WITNESS WHEREOF, the parties hereto have executed this License Agreement. } Date: `' "! 2001 Date: A , 2001 0 "Mayer" MAYER FINANCIAL, L.P., a California limited partnership By: RLM Management, Inc., a California corporation, Its General Partner By: Robert L. Mayer, Pre 1 ent "Conservancy" -- HUNTINGTON BEACH WETLANDS CONSERVANCY, a California non-profit corporation By: �+ Gordo W. Smith, �`hairman i7 Dated: C 01 , 2001 ATTEST: d�m� ��A''` -- Agency Clerk REVIEWED AND APPROVED: Ray SiI r, Executive Director APPROVED AS TO FORM: Kane, Ballet r & Berkman Agency Special Counsel HMWf1C1osingPa=1A-BTicease5 "Agency„ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic By- hairman APPROVED AS TO FORM: Agency General Counsel INITIATED AND APPROVED: &A w e. &e4 - David Biggs, Deputy Lfiecutive Director 9 *_C LEGAL DESCRIPTION OF DEGRADED WETLAND AREA THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89015'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00°17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00° 17' 10" WEST 257.55 FEET; THENCE,LEAVING LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 8703337" WEST 14.00 FEET; THENCE NORTH 01°08'12" EAST 8.59 FEET; THENCE NORTH 45°11'30" WEST 65.40 FEET; THENCE NORTH 85023'00" WEST 35.27 FEET; THENCE SOUTH 24°55'48" WEST 21.31 FEET; THENCE NORTH 87017'23" WEST 48.09 FEET; THENCE SOUTH 47°23'51" WEST 104.14 FEET; THENCE SOUTH 84057' 19" WEST 7.30 FEET; THENCE NORTH 35°26'46" WEST 36.33 FEET; THENCE NORTH 25058'40" EAST 262.04 FEET; THENCE NORTH 22°27'35" WEST 4.50 FEET; THENCE NORTH 46037'29" EAST 23.07 FEET; THENCE NORTH_ 24°21'30" EAST 120.69 FEET; THENCE NORTH 83027'33" EAST 17.12 FEET; THENCE SOUTH 02055'37" WEST 92.82 FEET; THENCE SOUTH 52005'49" WEST 37.38 FEET; THENCE SOUTH 25020'52" EAST 21.31 FEET; THENCE NORTH 60023' 17" EAST 33.54 FEET; THENCE SOUTH 48029'43" EAST 37.00 FEET; THENCE SOUTH 13°57'24" WEST 77.40 FEET; THENCE SOUTH 44005'07" WEST 34.49 FEET; THENCE NORTH 56031'38" WEST 21.74 FEET; THENCE SOUTH 29°01'58" EAST 26.68 FEET; THENCE SOUTH 78°10'37" EAST 18.00 FEET; THENCE NORTH 33°19'31" EAST 98.78 FEET; THENCE NORTH 00014'09" EAST 65.86 FEET; THENCE NORTH 89°42'50" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE LESS OR LESS. EXHIBIT "ASS TO LICENSE AGREEMENT WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFERTAX IS S [NO TAX DUE] ! .....Computed on the consideration or value of property conveyed, OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. Si ture of Declajant or Agent dcterrnt4ng tax .1 Firm Name GRANT OF EASEMENT AND ACCEPTANCE OF DRAINAGE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Grantor") hereby GRANT(S) AND CONVEYS to PLCIL'YON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company ("Grantee"), an easement appurtenant over that certain real property located in the City of Huntington Beach, County of Orange, State of Caraorrila, described. in Exhibit "A' attached hereto and incorporated herein by this -reference.(the `Easement Area").for the purposes set fdrth.below.. The easerfient herein grantedis for the benefit of the Gianfee's adjacent property-descrit:�d in' -Exhibit "B" attached 'hereto and incorporated :herein* by this reference '(the 'Benefited Property"), which Benefited Property will be developed and improved as a single family attached residential community. The' easement herein granted is for the purpose of accepting surface water runoff, sheet flow, and water discharge from various drainage pipes, culverts and other drainage improvements situated on the Benefited Property which are designed and intended to direct and discharge surface water from the Benefited Property on to the Easement Area. Grantor hereby consents to such drainage and deposit of water onto the Easement Area and agrees to accept same in perpetuity for the benefit of the Benefited Property. Dated & , 2003 STATE OF CALIFORNIA COUNTY OF ORANGE OnJ-41. before me, - personally known to the to be the pason(s) whose namcs(s) is re ubs to the within instrument and a wledged to me that hetsh ey xecuted the same in his/he the' authorized capacity(ics), that by his/h their signattges s} on the instrument the person(s) or the entityon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature tGM 017%3-AW2 THE CITY OF HUNTINGTON BEACH, a 'cipal corporation ofUhe State of California 4___FNF%g� JA Mayor ATTEST- L City Clerk APPROVED AS TO FORM: ►`°3 r.Attomne.'4-g (This urn for official nomid stal) This document Is solely for the official business of the City of Huntington KELLY LOUISE MANDIC Beach, as contemplated under COMIssldn # 1372899 Govemment Code Sec. 6103 and should be recorded free of charge Notary public _ Callfornlq f IM Orange County 0MYCOrnmEx0esSeol,2004 EXHIBIT "A" LEGAL DFSCRIPTr9 OF EASEINiEN7 AREA That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows: ExHlEfr YA1 THE EASEMENT AREA 8unwEDRIVE� �I I I I I � I I � !Qi IIB8TRZM 0 50' I00' P 0' 400' F2J3CLL MIN ER= SAN DIECO INC. 6390 GREENWICH DR. STE. 170 - EXHIBIT."B" THE BENEFITTED PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN TxE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE MAP OF TRACT NO.155491 RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIW, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXCEPTING THEREFROM ALL OF LOTS "AA" AND s`B$" OF SAID MAP. Grant Deed (ATTACHMENT:,3..'. I CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 15, 2005 Tom Daly O. C. Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702-0238 CALIFORNIA 92648 Enclosed please find the GRANT DEED between the Redevelopment Agency of the City of Huntington Beach and the City of Huntington Beach to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the Grant Deed when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. F ynn City Clerk Enclosures Re: Grant Deed — Degraded Wetlands G Jfollowup/deedsldeedletter2002.doe Procedure #18 t Tela phone : 7 9 4-536.52271 OFFICIAL BUSINESS Document entitled to free recording per Government Code Sections 6103 and 27383 Recording Requested by and When Recorded Return to: JOAN FLYNN CITY CLERK CITY OF HUNTINGTON BEACH P.O. BOX 190 - 2000 MAIN STREET 76 Recorded in official Records, Orange County Tom Daly, Clerk -Recorder 11111111111111111111111111111111111111111111111101111111 II 1111111 NO FEE 2005000207228 08:17am 03121 /05 107 31 G02 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 HUNTINGTON BEACH CA 92648 C N F O Not C0M; d �� ,1) Copy - paceMove This Dine Fir ero er s Use r: Exempt From Documentary Transfer Tax Per Revenue And Taxation Code Section 11922 a GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic ("Grantor"), hereby grants to the CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantee'), the real property located in the City of Huntington Beach, County of Orange, State of California, which is described in the attached Exhibit A incorporated herein by this reference. Dated as of: Marnh 14 , 2005 ATTEST: Jo Flynn cy Clerk KACG\ IBIWF\Lots AA and BB\Deed(AgencytoCity).doc i iGRANTOR" REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH E% 0". WPA, 11 APPROVED AS TO FORM: J nniferMcGrath gency General Counsel Page I of 4 ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of (DrAnge On March 1 4, 2005 before me, Robin Roberts , (DATE) (NarARY) personally appeared Jill Harder and Joan L _ Fl vnn SIGN (S) . personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROBiM R09EIlrg Can N-MOUifl0 WITNESS my hand and official seal. � �o�r Pu�uc•cK,Fa�u N N ARY'$ SIGNATU RF OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER; SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTUY(IES) - . - - .. le - @ 6 • - . . - DESCRIPTION OF ATTACHED DOCUMENT Grant. Deed/Degraded wetland TITLE OR TYPE OF DOCUMENT Page of 1 Of 4 NUMBER OF PAGES March 14, 2005 DATE OF DOCUMENT _. __-----OTHER a RIGHT THUMBPRINT a OF E SIGNER o APA 5N9 VALLEY -SIERRA, 800-362-3369 REVIEWED AND APPROVED: enelop Culbreth-Graft Executive Director AS TO FORM: allmer & Special ( K:%CG\HB\WF1Lots AA and BB1Deed(AgencytoCity)_doc INITIATED AND APPROVED: /w David Biggs Deputy Executive Director Page 2 of 4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated as of March 14 , 200 5 from the Redevelopment Agency of the City of Huntington Beach to the City of Huntington Beach is hereby accepted by order of the City Council of the City of Huntington Beach on August 11, 2003 and the City of Huntington Beach consents to recordation thereof by its duly authorized officer. Date: —kt, ,,h 14, .2005 ATTEST: Cit lerk "GRANTEE" CITY OF HUNTINGTON BEACH r By: J' and a or APPROVED AS TO FORM: rVv Aty Attorne C 403ID 5 DADocuments and SettingslmulvihillLocal Settings%Temporary tntemet FilesloLK3lDeed(AgencytoCity)_doc Page 3 of 4 STATE OF CALIFORNIA ) ) 5S. ) COUNTY OF ORANGE ) On March 1 4, 2005 beforeme, Robin Roberts _ 0 a Notary Public in and for said state, personally appeared _Jill Hardy & Joan L , Flynn personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State ROBIN ROM$ Coffin. 01MOD �or�rnr �uccwfoax� � ICACG"\WRLots AA and BB\Deed(AgencytoCity).dac Page 4 of 4 EXHIBIT A Legal Description — Degraded Wetland Area K:ICG\14B\WF%Lots AA and WDeed(AgencytoCity).doc [behind this page] EXHIBIT A Page I of 1 I.AP furl fa oftT IY DfSrANCE Li S W17'10" W' 257.55' L2 'N VIM W f 4,00' L3 N 011Q912 E 8.59 L4 N 4511 WV 8&40' L5 N W23VOO W 'W7' L8 S 24*56'41r W 21.31' L7 N 8P17'23" W 4109' LB S 4r23051 W ' 1"14' L9 S 8ft'7►'f9' W 7..W L10 N 35'2B'46" W 36.3.3' L 1 f 25'8`40" E M04 L12 N 22'27M" W 4.W L13 1 N 48'37''2S" E Mr L141 N 24'2I" ' E 120.N@ Lf5 I N W27*33' E 17.12' Lid I S 02WJP W 92.82' L 17 S 5705490 W 37:30' L18 S. 25'2 W" E 21.J1' 09 N 6073117' E J1.54' L20 S 48'29'4r E 3740' L21 S 13'Si"24' W 77.40' L22 S 40510T W 34.49' L23 IN S6JIW-- W 21.74' L24 I S 29"01'58' E 26.69' L25 I S 78'f0'37" E f8,00' L26 N J.i1971- E 98.78' L27 N W14'-19" El 6 8S' L28 H 89'42",SQ' El 6.00' PAGE f OF 2 PAGES 1 SCALE 7 N89'!5'3 "t�Y • 1 i if L2 T�r049 �. `9 . o� l 1 i N pE2S f. L3 I f L i t EXIT A. PAGE 2 OF 2 PAGE'S THE LAND DESCRISM HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BE" COUNTY OF ORANG& STATE OF CALFFORNIkWNG A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOUW. AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF i'NE COUNTY OF ORANGE MORE PARTICULARLY DESCR WD AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEV9ER 14, 1999 IN .BOOK 790, PAGES 44 MROUGH 50, WXUSN& OF NAPS RECORDS OF THE COUNTY OF ORANGE: MORE PARTICULARLY OESCRISM AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OLIARIER OF SW SE011ON 14. PER SAID TRACT UNP: THENCE ALONG TW NOMERLY UNF OF SAID SOUTH ONE-HALF, NORTH 89'15`39' WEST 50.170 FEET TO THE WILY RIGHT' OF WAY OF BEACH BOULEVARD AS SHOWN -ON SW TRACT i1AP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00' 17101 " WEST 681.85' FEET TO I TRUE PI = (X TH&= CONIU ING ,ALONG SAID WESTERLY RWff1 OF WAY, SOUTH 00'17'10' WEST 257.55 FEET: THENCE. LFAVING SAID WESTERLY RWff OF WAY. NORTH 87'33'37" WEST 14,00 FEET; THENCENORTH 01'08'12' EAST 8.59 Ft" - THENCE NORTH 45' 11130" WEST 65.40 FEET; THENCE NORTH 85'23'O r .WEST 35.27 FEET; THENCE SOUTH 24'S5'46" WEST 21.31 FEEL. THENCE NORTH 87'17'23" WEST 48 OO F&T; THENCE SOUTN 472.3'51" WEST 104.14 FEET: THENCE SOUTH 8417819" WEST 7.30 FEET: THENCE NORTH 3526"46" WEST J&33 FEET; THENCE NORTH 25*M'40' FAST 262.04 FEET+' IN04CE NORTH Z2'27'35" *UT 4.50 F&M THOCE NORTH 41r37'290 EAST 23.07 FEET: THENCE NORTH 24'21130' FAST 120.69 FEET,• THENCE NORTH 83'27"33" EAST 17.12 FEET. THENCE SOUTH 02 5537" WEST 92.82 FAT; THENW SOUTH SM,49' WEST 37.30 FEET: THEMX • SOM 25020'52' FAST 21JI FEET.- THENCE NORTH 6073'17' EAST U54 FEET, THENCE SOUTH 4OW 43" EAST 37.00 FEET: THENCE SOUTH 13757'24' WEST 77.40 FEET; THENCE SOUTH ,W05'07" WEST 34ti49 FEET; THENCE NORTH 56'31'38" WEST 21.74 FEET: THENCE SOUTH 29'01'58' EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 1&00 FEET: THENCE NORTH 33'19'31' EAST 98.78 FEET: THENCE NORTH 00'14109' EAST 65.86 FEET; THENCE MORIN 89'42W" SW 6.00 FEET: TO SAID WESTERLY RIGHT OF WAY AND L POINT OF m{',�Na(NfT. CONTAINS 43.651 SCWARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS. - AS SHOWN ON PAGE 1 OF THIS EXH0T IC D ATM INS I �� DAY OF .de [I'c'm liaL m License & Maintenance Agreement AT�TAC�HMEN T 4� LICENSE AND MAINTENANCE AGREEMENT BY AND BETWEEN HUNTINGTON BEACH WETLANDS CONSERVANCY AND THE CITY OF HUNTINGTON BEACH RELATING TO THE DEGRADED WETLAND AREA AND THE BUFFER AREA ARTICLE 1 PARTIES AND DATE This License and Maintenance Agreement ("Agreement") is entered into as of the -77?t_ day of F9MUAAV _ 200_,r , by and between the HUNTINGTON BEACH WETLANDS CONSERVANCY, a California non-profit corporation ("Conservancy") and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"). ARTICLE 2 RECITALS 2.1 The Redevelopment Agency of the City of Huntington Beach ("Agency") intends to convey to the City fee simple ownership of that certain real property located in Huntington Beach, California, and legally described in the attached Exhibit A ("Degraded Wetland Area") and incorporated herein by this reference. Such property is subject to the terms and conditions in the Deed Restriction and easement described in Section 2.2, below. 2.2 The Agency has expressly reserved for itself a perpetual, non-exclusive easement on, over and across the Degraded Wetland Area ("Conservation Easement") pursuant to a Grant Deed recorded on April 18, 2001 as Instrument No. 200110232774 in the Orange County Recorder's Office, which Grant Deed conveyed certain Agency property to Mayer Financial, L.P., a California limited partnership ("Mayer"). The Conservation Easement was reserved by Agency for those purposes set forth in that certain Open Space/Wetland Preservation and Restoration Deed Restriction recorded against the Degraded Wetland Area on December 19, 2000 as Instrument No. 20000689468 in the Orange County Recorder's Office ("Deed Restriction"), under which Agency is a beneficiary. The Deed Restriction was recorded pursuant to that certain Settlement Agreement entered into on or about November 29, 2000 by and between the City, the California Coastal Commission ("Commission"), the Agency, Mayer, and Mayer related entities (the "Settlement Agreement"). The easement reserved in the Grant Deed by Agency constitutes a "conservation easement" in favor of Agency pursuant to California Civil Code Section 815.1. The terms, conditions and restrictions in the Grant Deed, Deed Restriction, and Settlement Agreement are incorporated herein by reference. 2.3 City is also the fee owner of that certain real property located in the City of Huntington Beach, California, and legally described in the attached Exhibit A (`Buffer Area") and KACGIHB%WF\Lots AA and BB\License(I2-13-44).clean(final).doc Page I of 18 incorporated herein by this reference. In connection with the Buffer Area, City has entered into that certain agreement entitled "Agreement (Buffer Area Maintenance Reimbursement)" by and between the City and Mayer dated as of May 5, 2003 ("Buffer Area Agreement"). Mayer and the City entered into the Buffer Area Agreement to provide for the maintenance of the Buffer Area. The terms, conditions and restrictions in the Buffer Area Agreement are incorporated herein by reference. 2.4 The City granted to PLC/Lyon Waterfront Residential, LLC, a Delaware limited liability company, a drainage easement over the Buffer Area pursuant to that certain Grant of Easement and Acceptance of Drainage recorded on August 22, 2003 as Instrument No. 2003001019944 in the Orange County Recorder's Office, and re -recorded on October 3, 2003 as Instrument No. 2003001215987 in the Orange County Recorder's Office ("Grant of Easement"). The terms, conditions and restrictions in the Grant of Easement are incorporated herein by reference. 2.5 Conservancy desires to maintain the Degraded Wetland Area and Buffer Area and ensure that the use of the Degraded Wetland Area is in compliance with the Deed Restriction, Grant Deed and Settlement Agreement and that the Buffer Area is maintained in compliance with the Buffer Area Agreement and Grant of Easement. 2.6 City desires to give Conservancy permission to gain access to the Degraded Wetland Area and Buffer Area, and Conservancy desires to obtain permission to gain access to the Degraded Wetland Area and Buffer Area, for purposes related to the performance of Conservancy's duties under this Agreement. ARTICLE 3 TERMS 3.1 Degraded Wetland Area 3.1.1 Conservancy's Obligations. Conservancy hereby agrees to satisfy all of the following obligations relating to the Degraded Wetland Area, in accordance at all times with the requirements of the Deed Restriction, the Conservation Easement and the Settlement Agreement (collectively, the "Degraded Wetland Area Obligations'): a. Maintain the Degraded Wetland Area by removing accumulated trash and debris from the Degraded Wetland Area, and take any and all other steps required by the Deed Restriction for maintenance of the Degraded Wetland Area. b. Inspect the Degraded Wetland Area on a regular basis and report promptly to the City of Huntington Beach Public Works Department Director K:ICGIHBIWF\Lots AA and B131License(12-1M4).c1ean(fina1).doc Page 2 of 18 ("Director") or the Director's designee any condition causing or likely to cause significant damage or destruction to the Degraded Wetland Area. c. Restore and maintain the Degraded Wetland Area as described in Section 3.1.4. d. Conduct necessary activities for vector and pest surveillance and control. e. Inspect inlets, outlets, points of diversion, along fence lines, and other areas where material accumulates with a minimum inspection frequency of once every & months. Remove all accumulated material, trash and debris. f Comply with all other requirements of the Deed Restriction, Conservation Easement, and Settlement Agreement. 3.1.2 License. City hereby grants to Conservancy (including Conservancy's employees, consultants, subconsultants, representatives, and agents) a nonexclusive right to enter onto the Degraded Wetland Area for the purpose of satisfying the Degraded Wetland Area Obligations, in accordance at all times with the requirements of the Deed Restriction, the Conservation Easement and the Settlement Agreement (collectively, the "Degraded Wetland Area Permitted Uses"). Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) right to enter onto the Degraded Wetland Area shall at all times be subject to the terms and conditions of this Agreement, the Deed Restriction, the Conservation Easement and the Settlement Agreement. 3.1.3 No Other Use by Conservancy. With the exception of the Degraded Wetland Area Permitted Uses (3.1.2) described in this Agreement and other uses first approved in writing by City, Conservancy shall not be authorized to use the Degraded Wetland Area for any other purpose whatsoever. Without limiting the foregoing, in no event may the Conservancy place any signs, placards or related items on or around the Degraded Wetland Area on a permanent or temporary basis without the prior express written consent of the City. Additionally, the express written consent of the City (which consent shall be in the City's sole and absolute discretion) shall be obtained prior to the Conservancy: (a) allowing the entry of any person to the Degraded Wetland Area except those direct representatives of the Conservancy who enter for the specific purposes of performing the Conservancy's obligations hereunder, (b) except as required by this Agreement, planting any plant materials, performing any restoration or alteration of any nature whatsoever to the Degraded Wetland Area or surrounding property, (c) filing each and any specific permit application with any governmental agency regarding the Degraded Wetland Area or surrounding property, (d) seeking each and any specific grant or loan or engaging in any other K:1CGIHMWF1Lots AA and 881License(12-13-04).clean(fina!),doc Page 3 of 18 specific fund raising effort for the Degraded Wetland Area, (e) modifying the Degraded Wetland Area design (i.e. berm removal, grading changes, weir locations, etc.), or (f) making any use thereof other than for the uses specifically prescribed in this Agreement. Conservancy shall use the Degraded Wetland Area at reasonable times and in a reasonable manner. Nothing herein shall constitute a grant of any real property interest in the Degraded Wetland Area to the Conservancy other than the limited license. 3.1.4 Restoration of Degraded Wetland Area. Within one (1) year following the Effective Date, Conservancy hereby agrees that it shall complete restoration of the Degraded Wetland Area as follows: removal of all non-native, invasive plant species and accumulated trash and debris. 3.1.5 Compensation. City shall not be required to pay Conservancy any monetary compensation for Conservancy's performance under this Agreement as it pertains to the Degraded Wetland Area, including, without limitation, the restoration of the Degraded Wetland Area described in Section 3.1.4. 3.2 Buffer Area. 3.2.1 Conservancy's Obligations. Conservancy hereby agrees to satisfy all of the following obligations relating to the Buffer Area, in accordance at all times with the requirements of the Buffer Area Agreement and Grant of Easement, and, to the extent applicable, the Deed Restriction, the Conservation Easement and the Settlement Agreement (collectively, the `Buffer Area Obligations"): a. Operate and maintain the Buffer Area in its original and designed form as a water quality vegetative treatment best management practice associated with the Waterfront Residential Development's Water Quality Management Plan. b. Maintain the Buffer Area in a condition (including maintaining appropriate vector countermeasures, plant harvesting, and gross pollutant removal) on an "as needed" basis for proper operation and maintenance as directed from time to time by the Director or the Director's designee. c. Inspect inlets, outlets, points of diversion, along fence lines, and other areas where material accumulates with a minimum inspection frequency of once every 6 months. A mandatory inspection shall be conducted during the late Summer or early Fall with a designated representative from the City to prevent possible clogging during a rain event. d. Replace damaged planting within the Buffer Area on an "as needed" basis as directed from time to time by the Director or the Director's designee. KACGIHBIWF\Lots AA and BB\License(12-13-04).clean(final).doc Page 4 of 18 C. inspect the Buffer Area drainage course on a regular basis to maintain designed flow path. Promptly report to Director or the Director's designee any condition causing or likely to cause significant damage or destruction to the Buffer Area treatment design. 3.2.2. License. City hereby grants to Conservancy (including Conservancy's employees, consultants, subconsultants, representatives, and agents) a nonexclusive right to enter onto the Buffer Area for the purpose of satisfying the Buffer Area Obligations and, to the extent applicable, providing access to the Degraded Wetland Area in order to satisfy the Degraded Wetland Area Obligations, in accordance at all times with the requirements of the Buffer Area Agreement and Grant of Easement, and, to the extent applicable, the Deed Restriction, the Conservation Easement and the Settlement Agreement (collectively, the `Buffer Area Permitted Uses"). Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) right to enter onto the Buffer Area shall at all times be subject to the terms and conditions of this Agreement, the Buffer Area Agreement and Grant of Easement, and, to the extent applicable, the Deed Restriction, the Conservation Easement and the Settlement Agreement. 3.2.3. No Other Use by Conservancy. With the exception of the Buffer Area Permitted Uses (3.2.2) described in this Agreement and other uses first approved in writing by City, Conservancy shall not be authorized to use the Buffer Area for any other purpose whatsoever. Without limiting the foregoing, in no event may the Conservancy place any signs, placards or related items on or around the Buffer Area on a permanent or temporary basis without the prior express written consent of the City. Additionally, the express written consent of the City (which consent shall be in the City's sole and absolute discretion) shall be obtained prior to the Conservancy: (a) allowing the entry of any person to the Buffer Area except those direct representatives of the Conservancy who enter for the specific purposes of performing the Conservancy's obligations hereunder, (b) except as required by this Agreement, planting any plant materials, performing any restoration or alteration of any nature whatsoever to the Buffer Area or surrounding property, (c) filing each and any specific permit application with any governmental agency regarding the Buffer Area or surrounding property, (d) seeking each and any specific grant or loan or engaging in any other specific fund raising effort for the Buffer Area, (e) modifying the Buffer Area design (i.e. berm removal, grading changes, weir locations, etc.) or (f) making any use thereof other than for the uses specifically prescribed in this Agreement. Conservancy shall use the Buffer Area at reasonable times and in a reasonable manner. Nothing herein shall constitute a grant of any real property interest in the Buffer Area to the Conservancy other than the limited license. KACG\14BIWnLots AA and BB\License(12-13-04).clean(final).doc Page 5 of 18 3.2.4 City's Obligations. City hereby agrees to satisfy all of the following obligations relating to the Buffer Area (collectively, the "City Buffer Area. Obligations'): a. De -silting and sediment removal activities associated with the treatment pools and flow channels. b. Sampling, testing and water quality monitoring associated with best management practice effectiveness assessment. C. Flow monitoring. d. Weir adjustments. e. Maintenance of pipe conduits and culverts leading into and out of Buffer Area. f. Cleaning/maintenance of "CDS" pre-treatment devices. 3.2.5 CitRight of Access. Without limiting the generality of any provision of this Agreement, including, without limitation, Section 3.8, below, the City shall have at all times a right of access to the Buffer Area for the purpose of satisfying the City Buffer Area Obligations. 3.2.6 Compensation. Subject to all of the terms and conditions of this Section 3.2.6, City hereby agrees to reimburse Conservancy in arrears on no greater than a quarterly basis for Conservancy's satisfaction of the Buffer Area Obligations pursuant to this Agreement as follows. a. The City's obligation to reimburse Conservancy for Conservancy's satisfaction of the Buffer Area Obligations shall be a special and limited obligation of the City payable to Conservancy solely from the sources of funds expressly identified in this Section 3.2.6. b. The City shall have no obligation to reimburse any amounts to Conservancy pursuant to this Section 3.2.6 except as follows: i. The obligations of the City under this Agreement shall be special and limited obligations payable solely from Trust Funds (as defined in the Buffer Area Agreement). In the extent and to the extent no Trust Funds are available, Conservancy hereby agrees that the City shall be relieved of its obligation to reimburse Conservancy hereunder. The Buffer Area Agreement contains limitations on how the Trust Funds may be used. Therefore, "available" as used in this Section 3.2.6 means both that Trust Funds exist and that the Buffer Area Agreement permits the use of K:ICGIHBIWF1Lots AA and BB1License(12-13-04),clean(final):doc Page 6 of 18 the Trust Funds for the Buffer Area Obligations for which Conservancy is seeking reimbursement. The City shall notify Conservancy within ten (10) business days following receipt of any bill from Conservancy if no Trust Funds are available to pay such bill. The City shall additionally notify Conservancy within thirty (30) business days if the City becomes aware that there are no Trust Funds available to pay future billings. ii. The following conditions precedent to each payment hereunder shall be satisfied: (A) Conservancy shall have submitted to the Director its annual estimated Budget as described in subsection iii., below, and the Director or the Director's designee shall have pre- approved- in writing (e-mail acceptance may be granted) the Budget; (B) Conservancy shall not be in default as to any of its obligations or any other terms and conditions under this Agreement; (C) This Agreement shall not have been terminated; and (D) Conservancy shall have satisfied the Buffer Area Obligations in accordance with all of the terms and conditions of this Agreement for all of the prior years. iii. (A) Except as set forth in subsection B., below, for the first partial plus first full calendar year's budget, no later than October 1st of each and every year during the term of this Agreement, Conservancy hereby agrees to submit to the Director a budget detailing the reasonably estimated costs necessary for the Conservancy to satisfy the Buffer Area Obligations for the following calendar year, together with such documentation or information as may be reasonably requested by the Director or the Director's designee (collectively, the "Budget"). Conservancy hereby agrees that each Budget shall contain sufficient documentation and information to permit the City to satisfy the City's annual accounting obligations under Section 2.d of the Buffer Area Agreement. The Budget shall be subject to the written approval (e-mail acceptance may be granted) of the Director or the Director's designee. Upon written approval of the Budget (or any portion thereof) for any given calendar year, subject to all of the terms and conditions of K:%CGIHB%WF1Lots AA and BB1License(12-13-04)_clean(final).doc Page 7 of 18 this Agreement, including, without limitation, subsection i., above, the City shall reimburse the costs contained in the approved Budget on a quarterly basis in arrears to Conservancy in the following quarter, or as otherwise agreed upon in writing in advance by both parties. (For illustrative purposes only, if the Effective Date is October 15, 2005, the first full calendar year's Budget would be due on October 1, 2006 for the following calendar year covering the period January 1, 2007 through December 31, 2007. Assuming the Budget was approved by the Director, the City would make quarterly payments to Conservancy in quarters 2, 3 and 4 of calendar year 2007 and quarter 1 of calendar year 2008 for costs and expenses incurred in quarters 1, 2, 3, and 4 of calendar year 2007.) (B) For the first partial plus first full calendar year, within thirty (30) days following the Effective Date, Conservancy hereby agrees to submit to the Director an estimated Budget for the remainder of the first partial plus first fail calendar year. The Budget shall be subject to the written approval (e-mail acceptance may be granted) of the Director or the Director's designee. Upon written approval of the Budget (or any portion thereof) for the first partial plus first full calendar year, subject to all of the terms and conditions of this Agreement, including, without limitation, subsection i., above, the City shall reimburse the costs contained in the approved Budget on a quarterly basis in arrears to Conservancy in the following quarter, or as otherwise agreed upon in writing in advance by both parties. (For illustrative purposes only, if the Effective Date is October 15, 2005, the first partial calendar year's Budget would be due on November 15, 2005 for the remainder of the calendar year covering the period October 15, 2005 through December 31, 2005 plus the first full calendar year covering the period January 1, 2006 through December 31, 2006. Assuming the Budget was approved by the Director, the City would make quarterly payments to Conservancy in quarter 1, 2, 3, and 4 of calendar year 2006 and quarter 1 of calendar tear 2007 for costs and expenses incurred in partial quarter 4 of calendar year 2005 and quarters 1, 2, 3, and 4 calendar year 2006.) (C) By March 30th of each and every year during the term of this Agreement, Conservancy hereby agrees to prepare and provide to the Director an annual accounting of actual costs K:1CG%RB1WF\Lots AA and BB1License(12-13-04).clean(final).doc Page 8 of 18 incurred by Conservancy to satisfy the Buffer Area Obligations for the prior calendar year. (For illustrative purposes only, if the Effective Date is October 15, 2005, the first accounting would be due on March 30, 2006 covering the period October 15, 2005 to December 31, 2005, the second accounting would be due on March 30, 2007 covering the period January 1, 2006 to December 31, 2006, and so on.) Based on actual costs incurred, as determined by the accounting, Conservancy shall submit a bill to the Director. Any bill (or portion thereof) approved by the Director shall be paid, subject to all of the terms and conditions of this Agreement, including, without limitation, subsection i., above, by the City to Conservancy on a quarterly basis. iv. In the event the City reimburses Conservancy, which reimbursement (or portion thereof) the City was not obligated to make hereunder, Conservancy hereby agrees to refund any such reimbursement (or portion thereof) to the City within ten (10) days following the reimbursement. For illustrative purposes only, Conservancy might be obligated to refund the City a reimbursement (or portion thereof) if the City makes a double reimbursement or over -reimbursement to Conservancy or some or all of the conditions set forth in Section ii., above, have not been satisfied. V. Conservancy hereby agrees that it shall not expend any monies reimbursed to Conservancy pursuant to this Agreement for any purpose other than to satisfy the Buffer Area Obligations. vi. Conservancy hereby agrees that the City shall have the right at all reasonable times to inspect, copy and audit Conservancy's books and records pertaining to this Agreement. In the event an audit discloses an overbilling against the City in excess of the greater of: (X) five percent (5%) of the then current approved Budget or (Y) $500.00, Conservancy hereby agrees that it shall, within thirty (30) days following written request therefore, reimburse the City for the reasonable cost of such audit plus the amount which has been overbilled. In the event an audit discloses an overbilling against the City in an amount less than the greater of: (X) five percent (Rla) of the then current approved Budget or (Y) $500.00, Conservancy hereby agrees that it shall, within thirty (30) days following written request therefore, reimburse the City for the amount which has been overbilled K:1CG\HB\WF1Lots AA and MLicense(12-13-04),clean(final).doc Page 9 of 18 vii. Each reimbursement payment from City to the Conservancy shall be consideration for the satisfaction by Conservancy on a quarterly basis of the Buffer Area Obligations, such that the City's obligation hereunder to reimburse Conservancy shall be limited to each quarterly installment if and as it falls due for each quarter. Conservancy hereby acknowledges and agrees that the City shall not be liable for any amount in excess of the amount due in any given quarter or calendar year. viii. Conservancy hereby agrees to pay, at its sole cost and expense, any and all additional costs, fees, charges and/or expenses which are incurred by Conservancy or a third party pertaining to the Buffer Area which are not contained within an approved Budget and/or which are not pre -approved in writing by the Director or the Director's designee. ix. Prior to being incurred, all costs and expenses must be pre - approved in writing by the Director or the Director's designee (e- mail acceptance may be granted) and all costs and expenses are limited to maintenance and oversight of the Buffer Area. Any cost or expense not pre -approved in writing by the Director or the Director's designee shall not be subject to reimbursement hereunder. Director's approval of the annual Budget shall satisfy this condition for all expenses included in the annual Budget. 3.3 Compliance with Laws. Conservancy hereby agrees to comply, and to cause its employees, consultants, subconsultants, representatives, and agents to comply, with all federal, state and local laws, statutes and ordinances in connection with Conservancy's entry and all activities on the Degraded Wetland Area and Buffer Area and performance under this Agreement. It is the responsibility of the Conservancy to ensure all activities associated with or on the Degraded Wetland Area and Buffer Area comply with all applicable local, regional and federal regulations, including, but not limited to, rules and regulations associated with the U.S. Army Corps of Engineers, Santa Ana Water Quality Control Board, Fish & Wildlife Services and the Department of Fish & Game. 3.4 Effective Date. The effective date of this Agreement shall be the date set forth above in Article 1 of this Agreement ("Effective Date"). 3.5 Term. The term of this Agreement shall commence on the Effective Date and shall end on the completion of the twentieth (2e) full calendar year after the Effective Date ("Original Term Expiration"), unless earlier terminated or extended pursuant to this Agreement. Upon the Original Term Expiration, the term of this Agreement shall automatically renew for subsequent additional five (5) calendar year periods (each an "Additional Term") unless either party hereunder provides written notice to the other party at least thirty (30) days prior to the Original Tenn Expiration or the expiration of KACG%HBIWF\Lots AA and BB1I.icense(12-13�).clean(final).doc Page 10 of 18 then Additional Term. Upon the expiration of the term, no additional instrument, consent or action by either party shall be required to terminate this Agreement. A "calendar year" shall mean the twelve (12) month period starting January 1" and ending December 31". 3.6 Condition of Licensed Prone . Upon the expiration or termination of this Agreement, Conservancy hereby agrees that it shall cause the Degraded Wetland Area and Buffer Area to be left in the same condition as the Degraded Wetland Area and Buffer Area were in prior to Conservancy's entry onto the Degraded Wetland Area and Buffer Area, subject to any changes to the condition of the Degraded Wetland Area or the Buffer Area that are required by this Agreement. Conservancy hereby agrees that it shall, at its sole cost and expense, repair, or cause to be repaired, any damage to the Degraded Wetland Area or Buffer Area caused by Conservancy (including Conservancy's employees, consultants, subconsultants, representatives, and agents). Conservancy acknowledges that as of the Effective Date of this Agreement that significant construction activity will be on -going adjacent to the Degraded Wetland Area and Buffer Area for an extended period of time. Nothing in this Agreement shall be construed as a limitation upon such construction activity or an obligation of City to restore or otherwise improve the existing condition of the Degraded Wetland Area or Buffer Area in any manner. 3.7 Vector Control. Orange County Vector Control shall be permitted to enter the Degraded Wetland Area or Buffer Area for vector control purposes as it deems necessary. 3.8 Entry by City. Nothing in this Agreement shall be construed to restrict or prevent City and its agents, consultants and assigns, entry to the Degraded Wetland Area and Buffer Area. 3.9 Hazardous Materials. Conservancy hereby agrees that it shall not store or use, or consent to the storage or use of, any Hazardous Materials on the Degraded Wetland Area or Buffer Area at any time during the term of this Agreement, other than herbicides, pesticides and insecticides approved by a wetland biologist to protect and required to maintain the Degraded Wetland Area and Buffer Area in accordance with the requirements outlined herein and the incidental use of gasoline an/or oil to power small gardening and maintenance equipment. As used in this Agreement, "Hazardous Materials," means: a. a "Hazardous Substance" as defined by Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§9601 et seq. or as "Hazardous Waste" as defined by Section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq.; b. an "Extremely Hazardous Waste," a "Hazardous Waste," or a 'Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under §§25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to §25140 of the California Health and Safety Code; KACGIHBIWF1Lots AA and BB1L.icense(12-13-04).cican(final).doc Page 11 of 18 c. a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under §§ 25316, 25281, 25501, 25501.1, 117690 or 39655 of the California Health and Safety Code; d. "Oil" or a "Hazardous Substance" listed or identified pursuant to §311 of the Federal Water Pollution Control Act, 33 U.S.C. §1321; e. materials, substances and wastes listed or defined as a "Hazardous Waste," "Extremely Hazardous Waste," or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations Sections 66261.1 - 66261.126; f, materials, substances and wastes listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to §25249.8 of the California Health and Safety Code; g. a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to any lawful purpose; h. any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; i, asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; j. any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high- level radioactive waste," "spent nuclear fuel" or "transuranic waste," and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. §§10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code §§ 114960 et seq.; k. materials, substances and wastes regulated under the Occupational Safety and Health Act, 29 U.S.C. §§651 et seq., or the California Occupational Safety and Health Act, California Labor Code §§6300 et seq.; and/or KACGIHBIWF%ots AA and BB1License(12-13-04).clean(final).doc Page 12 of 18 I. materials, substances and wastes regulated under the Clean Air Act, 42 U.S.C. §§7401 et seq. or pursuant to the California Clean Air Act, Sections 3900 et seq. of the California Health and Safety Code. 3.10 No Encumbrances. Conservancy hereby agrees to keep the Degraded Wetland Area and Buffer Area free from all encumbrances and liens of any kind during the term of this Agreement. Conservancy hereby agrees to promptly pay and discharge all demands for payment relating to Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) entry on the Degraded Wetland Area and/or Buffer Area and/or Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) performance under this Agreement, and to take all other steps to avoid the assertion of claims of lien against the Degraded Wetland Area and Buffer Area. In the event a claim of lien is recorded by reason of Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) entry on the Degraded Wetland Area and/or Buffer Area and/or Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) performance under this Agreement, Conservancy, within twenty (20) days from the date of such recordation, hereby agrees either (a) to record or to deliver a surety bond sufficient to release such claim or lien in accordance with applicable law; or (b) to provide City with such other assurance as City may require for the payment of the claim or lien. 3.11 Insurance; Indemnification. 3.11.1 Conservancy hereby agrees to obtain, at its sole cost and expense, and keep in full force and effect, during the term of this Agreement, the following insurance policies: (a) General Liability Insurance with a minimum coverage limit per occurrence of not less than $1,000,000. A "Claims made" designation is only acceptable for professional or pollution liability insurance. (b) Workers' Compensation Insurance in an amount and form sufficient to meet all applicable governmental requirements, with a minimum coverage of at least $100,000 for bodily injury per disease or accident per occurrence. 3.11.2 City, Agency and their respective agents, officers and employees shall be named as the "Certificate Holder" and as additional insureds for each insurance policy required herein. Each such policy shall contain a provision that: (a) for all claims, accidents, injuries and damages occurring in or about the Degraded Wetland Area and/or Buffer Area, the policy provides primary coverage without contribution from any other insurance carried by or for the benefit of City and Agency, (b) the policy shall not be cancelled and the amount thereof shall not be KACO"H WF1Lots AA and BB\License(12-13-04).clean(final).doc Page 13 of IS reduced unless thirty (30) days' written notice shall have been given to City by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds, except that the policy shall not be cancelled for non-payment of premiums unless ten (10) days' written notice shall have been given to City in the manner set forth herein. All insurance required to be carried by Conservancy pursuant to the terms of this Agreement shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed in the State of California with a current A.M. Best's rating of no less than AYII. 3.11.3 Prior to entry onto the Degraded Wetland Area or Buffer Area, Conservancy agrees that it shall deliver to the Director appropriate certificates of insurance evidencing the insurance required to be carried pursuant to this Section 3.12. 3.11.4 Conservancy hereby agrees to indemnify, defend, protect and hold City, Agency and their respective and its agents, officers, consultants and employees, the Degraded Wetland Area and the Buffer Area free and harmless from any and all loss, liability, claims, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising directly or indirectly from Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) entry on the Degraded Wetland Area and/or Buffer Area and/or Conservancy's (including Conservancy's employees, consultants, subconsultants, representatives, and agents) performance under this Agreement. Such undertaking of indemnity shall survive the expiration or termination of this Agreement for any reason. 3.12 Default. 3.12.1 Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The non -defaulting party shall give written notice of default to the defaulting party, specifying the default complained of. The defaulting party must cure, correct or remedy such failure or delay within thirty (30) days after receipt of such written notice of default. Failure or delay in giving such notice of default shall not constitute a waiver of any default, nor shall it change the time of default. Delays by either party in asserting any of its rights and remedies shall not deprive the party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Notices hereunder shall be sent to the following addresses or such other. addresses as may be provided in writing by either party to the other party: K:ICGIHSIWF1Lots AA and 1313ILicense(12-13-04).clean(final).doc Page 14 of 18 if to City: City of Huntington Beach Attn: Director of Public Works 2000 Main Street Huntington Beach CA 92648 Fax #: (714) 374-1573 Phone #: (714) 536-5437 If to Conservancy: Huntington Beach Wetlands Conservancy Attn: Rny A9eCs-rth;J , Treasu.►er 9 / q ;), K'a nv aa... My e._ H k V1 t, Vol i tan -3eacj, Fax #: Phone #: (7 3.12.2 Any notice of default that is transmitted by electronic facsimile transmission during regular business hours of regular business days followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice of default that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice of default that is sent by registered or certified mail, postage prepaid, return receipt required shall be deemed received on the date of receipt thereof. 3.12.3 In the event a default is not cured by the defaulting party within the time set forth in this Section 3.12, then the non -defaulting party may terminate this Agreement in writing. 3.13 Termination. Notwithstanding Section 3.12, this Agreement may be terminated in writing by either party in its sole and absolute discretion upon thirty (30) days' prior written notice to the other party. 3.14 Attorneys' Fees. In any action between either of the parties seeking enforcement or interpretation of any of the terms and provisions of this Agreement or a declaration as to the meaning hereof, or in connection with the Degraded Wetland Area or Buffer Area, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 3.15 Assignments. This Agreement may not be assigned by Conservancy without the prior written consent of City which consent may be withheld in City's sole discretion. K:1CG\HB1WF\Lots AA and 13HWicense(l2-13-04).clean(final).doc Page 15 of 18 3.16 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. 3.17 Amendments. No provision of this Agreement may be amended or added to except by an Agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 3.18 Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto. 3.19 Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. 3.20 Authority to Enter Into Agreement. The individual(s) executing this Agreement on behalf of each party is (are) authorized to execute this Agreement on behalf of said party. Each party has taken all actions required by law to approve the execution of this Agreement. 3.21 Counterparts. This Agreement may be executed in counterparts and when so executed, each such counterpart will constitute an original document and such counterparts will constitute one and the same agreement. [remainder of page left intentionally blank] [signatures on following pages] KACGU3B%WMLots AA and BB1License(l2-13-04).clean(final).doc Page 16 of 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. r Date: .�... , 200 '? "Conservancy" HUNTINGTON BEACH WETLANDS CONSERVANCY, a California non-profit corporation � n By: Godon W. Smith Chairman [remaining signature follows on next page] K:\MHBIWF\Lots AA and BMUcense(12-13-04).clean(final).doc Page 17 of 18 ATTEST: '-w. , Ci Clerk REVIEWED AND APPROVED: Penelop Culbreth-Graft, City Administrator AS TO FORM: Kane, er' &l%ei City Sp ial Counsel K:1CG%M\WF%Lots AA and BR\License(l2-13-04).clean(final).doc "City" CITY OF HUNTINGTON BEACH, a California municipal corporation ■I rm! 7�', FOY-0,7, APPROVED AS TO FORM: ity Attorn y 4lb INITIATED AND APPROVED: D id Biggs, Director of Economic Development n h Robert Beards Director of Public Works Page 18 of 18 EXHIBIT A LEGAL DESCRIPTION OF DEGRADED WETLAND AREA AND LEGAL DESCRIPTION OF BUFFER AREA [behind this page] EXHIBIT A Page I of I Degraded Wetland Area EXAim f A PAGE 1 OF 2 PAM tAM nATd. Na I GUMCMq QWANCE L1 IS 40'17'10' W 257.55' LZ 'N 97M374 W 14.G0' L3 N DIV8 12' E 8.59 L4 N 45.11WV 65.40' L5 f N SV23VOA W 7' L6 S 4.55'48" W . 21.31" L7 N 8717'23- W 41LOW L8 S 472311 W ° 1"14' L9 S 8400190 W 7.30' LiO. N 38'ZB'46- W 36." u 1 N 25'S8'40- E 26ZC4 L12 N 22*i7�jBm W 4 W L13 N ff3MO E 21W L14 N 24.21630' E L 15 N 83'27'33- E 17.12' L18 S 02'S5'37- W OZ8240 L 17 S 5TOS*49" W 37.38' L18 S. 2M'52` E 21.31' L19 N W2J'17- E 33.54' L20 I S 48' #4r E 37-00' L21 I S 1XV24' W 7740' L22 S 44vsbr w 34.48' L23 N S6'3 OW W 21.74' L24 S 29"O158' E 26.68' L25 I S 78'1017' E 18.00, L26 N 3Y19'310 El 0178' L27 N WW19' El WAS* L28 N 89'42'50' El- &00' V L7 Degraded Wetland Area LXH*IT `A. PAGE 2 OF 2 PAGE'S THE LAND DESCRIBED HEREIN IS SMIATM IN THE CITY OF HUMOTON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNA;BEING A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANCE i I WEST OF THE RANCHO LOS BOLLS. AS PER MAP RECORDED IN 800K 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REWINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEM&ER 14, 1999 IN .800K 790, PAGES 44 THROUGH 50, INCLUSN& OF MAPS. RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 14. PER SOJD TRACT MAP; THENCE ALONG THE NORTHERLY UNI: OF SARI SOUTH ONE-HALF, NORTH W150390 WEST 50.00 FEET TO THE WES70LY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN • ON SAID TR Wr MAP, THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17101' WEST 661.85" FEET To ME TRUE PG'�fei GE THEA= CONTINUING ALONG SAD. WESTERLY RIGHT OF WAY, SOUTH W17'10' WEST 257.55 FEET; THENCE, LEAVING SW WESTERLY RIGHT OF WAY. NORTH 87O3337' WEST 14.00 FEET: iHOAX NORTH O1'O8'12" EAST 8.59 FW. THENCE NORTH 45"11'30' WEST 65.40 FEET; THENCE NORT14 851"00' WMT 35.27 FEET; THENCE SOUTH 24455`48' WEST 21.31 FEET: THENCE NORTH 87'17"23" WEST 48.09 FEET; THENCE SOUTH 47'2.3'51" WEST 104,14 FEET; THENCE SOUTH 84'57'19" WEST 7.30 FEET: THENCE NORTH 3S'26'46" WEST 36.33 FEE% THENCE NORTH 25'S8'40" EAST 262.04 FEET; THENCE NORTH 22'27'35- WEST 4.50 FEET; THENCE NORTH 48'3729' EAST 23.07 FEET'; THENCE NORTH 24'21'30' EAST 120,60 FM - THENCE NORTH 83'27'330 EAST 17.12 FEET; THENCE SOUTH 02'55`37" WEST 92.92 FEM THENCE SOUTH 52'05'4g" WEST 37.38 FEM THENCE • SOUrN 2520152" EAST 21.31 FEET; THENCE NORM 6O.23'1r FAST U54 f= THENCt SOUTH 4B'29`43" EAST 37.00 FEET; THENCE SOUTH 1 S57'24" WEST 77.40 FEET, 7HONME SOUTH 44*05`070 WEST 34,49 FEET; THENCE NORTH 56'31'36" WEST 21.74 FEET; THENCE SOUTH 29'01'58- EAST 26.58 FEET; THENCE SOUTH 78"10'37" &W 18.00 FEET; THENCE NORTH 33'191316°EAST 98.78 FEET; THENCE NORTH 00"14109" EAST 65.86 FEET; THENCE NORTH 89'42'50" FAST 6.00 FEET: TO SAO WESTERLY RIGHT OF WAY ANO THE TRUE POW, (?E CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE 0R LESS. - AS SHOWN ON PAGE 1 OF THIS EXHW 7C". DATED THIS j 3 � DAY OF J 1 Dom,.,,, Ag�c 2= r EXHIBIT "A" THE BUFFER AREA THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, -STATE OF CALIFORNIA; BEING A PORTION OF SECTION .14,. TOWNSHIP. G SOUTH, RANGE I I WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY.OF ORANGE. LOT BB AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN BOOK 8 4 2 , PAGES 2 8 THROUGH _ 4 4 , INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXHIBIT 'A' THE BUFFER AREA 1 1 . so' too' 2001 400' GRAPHIC SCALE FUSCOE ENGINEERING sAN DIEGO INC. 6390 CRMWICFi DR. SFE. 170 SAN DIEGO, CA 92122 P!- W (8W) 554-1500 RCA ROUTING SHEET I INITIATING DEPARTMENT: I Economic Development SUBJECT: Approve Conveyance of Waterfront Degraded Wetlands Parcel and license and Maintenance Agreement with HB Wetlands Conservancv COUNCIL MEETING DATE: I February 7, 2005 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable El (Signed in full by the City Attomey) Subleases, Third Party Agreements, etc. Attached Not Applicable ® - ❑ (Approved as to form bX City Attorney) Certificates of Insurance (Approved b the City Attome ( pp y y y) Attached Not Applicable Fiscal Impact Statement (Unbudget, over $5,000) hed Not AttacApplicable Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report applicable) If a p ( pp ) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RET RNED FORWARD Administrative Staff ) Assistant City Administrator (Initial) ) City Administrator (Initial) ( ) City Cleric EXPLANATION OR RETURN OF ITEM: RCA Author: D. Biggs, ext. 5909 far-08-05 05:55po Fran -Franey Wha Alllant 1033970995 CERTIFICATE OF LIABILITY INSURANCE rnu.Y 16MUa AI3.laUt/V2tt-- 4m Aar[ RMA, snito 200 YQ Chantilly Va► 201.51 >oboM:703-397-0977 yas:703-897-0995 >�� e..►cn m 9261s�ob4b i LAAM.aTf at x x 4 v uA1anY 333519/0 ae,ra. A90RE6ATi LaLan'Aapt� PER: POLrw �' LAG AUTGNUMLIFL NMUTY 11 Z AWAVM 3595t410 ALLMrOD AUTOS 6GNEOIIIEQ A4]U' B "AWAUTGO X N044NaNmmfm WE LNUNUTY ANYAUSO �� a.�AaLrllr+r A OMM D aaAtaa "M 179736553 sakvs,MM I I ReTa110A1 s Vfwo ftCafW%m i v M*M iaM'1.OYmw Lath/ IFAMOMT LhFJti�EXp ECume T-09 P.0021002 F-048 INSURERS AFFORDING COVERAGE NAIC 0 pMAMA. 7'a� �Lwanm W"ek It FMTWPOW iCTTONAf OM7 LL THE 7WAM, ! 13/01/04) 12/01/a5 1.2/01/04 1 12/01/05 12/01/04 1 12/01/05 F p� z�. N07Wr[1�67'l�R�IDll+lr BNB CQRTIFIGTE W1Y 4E mD OR Xp UMONS AND CONDMOM OF SUCH #lWta PAN axe 11,000 000 P*W"MvR-Lsram81,000,000 MEO w"eM WWI 63 000 PSMWWL 1 MN N ivw • i 000 000 GE%UAL AsiOREAAIE t 2,000,000 pRoaum-oam000pAw a Inauded V wor :�,oaa,ocb 10MY WIAWY rwpm l f ow ; PRQf"Tv CAMA®RL�AAI " Atri'0 ONLY- I:A ACCKW s L ona¢R a+Aer EA ACC is m ORLY Apo raa+OCCURMWE s S 11 000,000 AiiGR6SAlE x 1 000 000 R E.L, fJSt:tt AE`CIOENT' i E1-D -EA04 E E.L.00m4 H-oOL10YtorT S Cert3ftcat* R*Ldmr shall be "mnd wa as AddLtia al Xnzux*d a* tb it int+ow"t-s Mn appear ragwrdlaq the maiateaauC* *gmmWnt with the city. city oe Rnrdtt3,agton >Boaah MO B=tlaa � t 2000 brain stxwmt WMU07ton 2"eft Ch 02649 C1ZrMW w+uwea�ue+uioveeBeoaraa�oacsGmsaaecA .i� n+Roc�RAn 1fA717a1k71iaaF.laai sRagR�tMALLdowwwalla3b OAYSMg1 M aial'aew a+n xRrt�RGiai uetssars wrrilo � nts LET. � �rdrr. rr>.ear,�rwrrr.rse�rmrwarrrr�rrs+rr��w. APPROVED AS TO ro IPER MSG . 9ty Attm ,., 3&�s filar-09-05 05:24an Fran -Franey Multa Alliant 70319T0995 T-09T P-003/004 F-039 Hmt ngtm Beach Vetlands POLICY W!'JlulM CCNMM89CtAL Cd;M9VU. UASAJTY 3M51910 THIS &MORSOMPff CHANGES THE Pdt,M #'LEASE READ IT CAREFULLY. IMC NAL INSURES - OWNERS, %FESSEES OR CONTRACTORS -- FORM S ' Ths andorsament ma&f" rwwa4m provided under the f WIowtnp COMMEWL4L GBMqAL LIMUTY MMIAM PMT N,81ra at FwaOfl or Orswlaatlw The Rede"lo}meat Agetky of Hnrtt "as-` +a►Ch 3.6agaats, affi COVE Md mPlopees as = additio>aa1 i n red. Of no appeara OXWO, lnforMstM raqursd to osari IM thrs andvrsOr" t %4U he Down n fly Dew tart dltons as ap�ll tle to to wwarsarnarrtl WHO iS � Iq .� � to tt�►eba. � ui► iced thB person or omen dvMM in Itbut only "s raved to d out of 'Yo' wav for that 'ar- x rod by or for 1Fw OVER TO FORM: f , 1` NIFFS YWPATH; City Art �O CG 20 10 11 85 CopyrPqtv, Vwwenra Servicas QHIM ha, 1984 exryDk v\t.,A , �) CITY OF JHUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 l certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: i- � �fr�-�-, c,L, 61(a Address: gZtp-4�I Applicant's Signature: Title: -� - Location Signed: L"r ",I Wit,,-, c_t, Telephone Number: p -71 1- -c-, °S. APPROVED AS TO FORM: '1 1,1 i <— i FER MA GRATH, City Attorney HUNTINGTON BEACH WETLANDS CONSERVANCY A Nonprofit Corporation P.O. Box 5903 Huntington Beach, CA 92615 (714) 963-2123 IT IS RESOLVED by the Board of Directors of the HVr*MNGTON BEACH WETLANDS CONSERVANCY to authorize the Chairman of the Board, Gordon W. Smith, Ph.D., to sign contractual agreements on behalf of this organization. ADOPTED BY UNAMOUS VOTE OF THE BOARD, APRIL 19 2004. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: N Stree City, State, Zip ATTENTION: A) DEPARTMENT: See Attached Action Agenda Item oE-3 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. City Clerk Attachments: Action Agenda Page CC: N Name Name Name g:llollowupAettersJcoverltr.doc Remarks: Agreement RCA Pparttt nt nepartment Departtnent 4--'Bonds Insurance _ Deed Other RCA l Agreemmt Insurance Other RCA Agreement Insurance Other RCA Ageement Insurance Other Department RCA Department RCA Ageenw Insurance Other Insurance ( Telephone: 714-536-5227