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Home My WebLink AboutHOAG MEMORIAL HOSPITAL PRESBYTERIAN - 1991-06-03 (2) • •,, in CITY OF HUNTINGTON BEACH 9 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 15, 1991 Hoag Memorial Hospital 301 Newport Boulevard Newport Beach, CA 92658-8912 Attn: Mary Kay Meltvedt Dir. of Program Development ct Analysis Enclosed is an executed copy. of Easement and Storm Drain Maintenance Agreement between the City of Huntington Beach and Hoag. Memorial Hospital Presbyterian which was approved by the City Council of the City of Huntington Beach on June 3, 1991 . Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227) REQUEST FOR CITY COUNCIL ACTION Date June 3, 1991 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator G - 3 19.2/ • Prepared by: ��t�gg '"''Louis F. Sandoval, Director of Public Works CI CLE K Subject: HOAG HEALTH CENTER DRAINAGE EASEMENT/MAINTENANCE AGREEMENT ACROSS BARTLETT PARK - 19582 BEACH BOULEVARD Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception / � 02 90 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: a, STATEMENT OF ISSUE: A Resolution, Storm Drain Easement and Maintenance Agreement are required for Hoag Hospital to drain their project across Bartlett Park via an 18" reinforced concrete pipe. RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute an Easement and Maintenance Agreement with Hoag Memorial Hospital Presbyterian for a storm drain on City property. ANALYSIS: The Planning Commission, on November 21, 1989, approved Conditional Use Permit No. 89-37 authorizing a 53,110 square foot medical office building pursuant to Section 9220.1 of the Huntington Beach Ordinance Code. In January, 1990 a meeting was held to discuss existing drainage from the Hoag site to the park site. At this meeting the City park superintendent, Public Works, Hoag Hospital, Coleman-Caskey Architects and W. R. Haynes Civil Engineers were present. It was determined that the run-off could be concentrated through an underground pipe across Bartlett Park and that this was to be shown on the grading plan. The pipe is now in the ground which necessitates the processing of the above mentioned documents. FUNDING SOURCE: No funding required. ALTERNATIVE ACTION: Deny the request and require Hoag Hospital to remove the existing storm drain. ATTACHMENTS: 1. Resolution 2. Maintenance Agreement 3. Corporation Grant Deed MTU:LFS:BPC:dw 2954g/6 • PI 5/85 ..a,_.•;_., I, CONFORMED C0� Titles $ Not ompared with OriginalA. P. 153-091-1� �. Order No. • 9 I j-6 I Z 0 T 3 Add • . $ Escrow No, Loan No. • RECORDED IN OFFICIAL RECORDS Pg@$ OF ORANGE COUNTY, CALIFORNIA Lien Mt $. WHEN RECORDED MAIL TO: Hoag Memorial Hospital Presbyterian -130 PM NOV 8 91 $ 301 Newport Boulevard Other Newport Beach, CA 92658-8912 i'otel P ��l D.T.T.RecFee_s . Attn: Mary Kay Meltvedt Q•e3�RECORDER pD±±.T�^1 i &iAnalfsisogram Development SPACE ABOVE THIS LINE FOR RECORDE rC`!rry MAIL TAX STATEMENTS TO: ✓ SMF DOCUMENTARY TRANSFER TAX$ No�• consideration RDE-1 same as above Computed on the consideration or value of propeeriyecorniyed;OR Computed on the consideration or value less liens or encumbrances remai ng at time o!s w/'w' GY-Cl. Sipnetura o!Daelerent or Agent detl�n t Irm Name _ CORPORATIONS S.V-R- N DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,The City of Huntington Beach, a Municipal Corporation. , does hereby GRANT to Hoag Memorial Hospital a perpetual easement for storm drain purposes in, on, over, under and across all that • the real property in the City of Huntington Beach, County of Orange State of California, described as , follows: PARCEL 1 A strip of land 10.00 feet wide lying in that portion of the southwest quarter section 1, township 6 south, range 11 west, in•the Rancho Las Bolsas, as shown on a map filed in Book 51, Page 14 of miscellaneous maps in the office of County Recorder of said County, centerline of which is more particularly described as follows: Beginning at the Northwest corner of said southwest quarter; thence southerly 358.00 feet along the westerly line of said southwest quarter; thence easterly 690.00 feet, parallel with the northerly line of said southwest quarter to the true point of beginning; thence north 89°47'25" east 239.00 feet to the point of terminus. PARCEL 2 A strip of land 20.00 feet wide lying in that portion of the southwest quarter section 1, township 6 south, range 11 west, in the Rancho Las Bolsas, as shown on a snap filed in Book 51, Page 14 of miscellaneous maps in the office of County Recorder of said County and lying 8.00 feet northerly and 12.00 feet southerly of the following described line: Beginning at the point of terminus of Parcel 1 as described herein; thence south 89Q47'25" west 20.00 feet Dated c_97, /1 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Iss COUNTY OF � I i • •• "'Ci` PJ AI, I-A 1 Q before me, • _ B the undeersignn+e--d,a Notary Public in and (or said State,personalyappear- S Ma r ed P^otrn,X�let ) , 1 ped l known p.,vfl BCJI ! / �� ipersonally known to mC wJAeneel lo be.J. Ihe_peraonewho executed the within I si de -1{0 Cl Clerk rGtJJ/1u y.�J r y' �a7ry, 8roc6uAr //1� L) q /�n p e .<w''t APPROVED AS TO FORM n —1.fhvKu�jAa11.BCr�-va l YnrJt+seeroterp . v_'h on behalf of Ate.�.�1� �q�. .a, I-m.? GAIL AfITTON V �r Fir-tD CITY A " y the corporation therein named,and acknowledged to me that such cor- E ,,n[n By poretion executed the within instrument pursuant to Its by-laws or a K r S Deputy City Attorney resolution of its board of directors _ " n WITNESS my hand and official Beall. D 2 Finnah"n 0.,it,l.rn .,. //, /i n n n.M l r `, _ - EXHIBIT "B " SKETCH TO ACCOMPANY LEGAL DESCRIPTION -----.-% -w NOT ro SCALE to' i6 CMS- Nad)0"E PARCEL 2 11 1o1o' 1IZ PARCEL 1 I7 I � T.P.Qbt T. I I I I 1 . f , , J <�,�I, ? . 1 I W Q I -. � Z I I cc O I BEACH BOULEVARD '`__ —ma oo. — — \- PAY IMF OF SW 1/4 SET ---"1 (,.... . -P.ae. NW COR. OF SW 1/4 OF SEC. 1, T6S, R11W PREPARED oh n V[I5 a \___ CIVIL ENGINEERING and SURVEYING , 3828 BirchStreet Newport Beach, Call/omla B2680 (714) 852 - 8826 eel Main..F7s )01402FX02.1881 4i13 PM 11/05/90 • , • ; Recording requested by: City of Huntington Beach MOW Return to: Office of the City Clerk 91 _5,,I,7 2 City of Huntington Beach U 2000 Main Street Huntington Beach, CA 92648 RECORDED IN OFFICIAL RECORDS This document is solely for the Of ORANGE COUNTY CALIFORNIA official business of the City of Huntington Beach, as contem- 3:30 plated undar G0;rerr:ient Code P M. S E P 2 3 1991 Sec. 6103 and should be recorded free of charge. 04,a `/ a e,4RECORDER EASEMENT AND STORM DRAIN MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN E. Titkis $ @$ G?C _ .0' Add. $ Pg@$ Lien Nt $ Other $ Total Rec.Fees I$ IMTJT PCOR $ SMF RDE-92 . EASEMENT AND STORM DRAIN MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN THIS AGREEMENT made and entered into this 3rd day of N.14.4,1 , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California non-profit corporation, hereinafter referred to as "HOAG. " WHEREAS, in connection with the development of real property described in Exhibit "A" in Huntington Beach, California, HOAG was required by the Department of Public Works of CITY to provide a storm drain and other improvements on CITY property in accordance with plans and specifications submitted by HOAG and approved by CITY; and WHEREAS, HOAG, has provided for said improvements in CITY property as noted above (hereinafter referred to as "IMPROVEMENT AREA") , which area is set out and delineated in Exhibit "B" attached hereto; and WHEREAS, by this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the maintenance of the afore-described "IMPROVEMENT AREA" ; and WHEREAS, said IMPROVEMENT AREA is located within the CITY, County of Ovange, California, and more particularly shown on Exhibit "B, "iattached hereto and incorporated by reference herein, NOW, THEREFORE, the parties agree as follows: 1. CITY grants to HOAG an easement to utilize the IMPROVEMENT AREA for storm drain purposes. -1- 2 . The term of this easement shall be perpetual for so long as the easement is used for storm drain purposes. 3 . During the term of this easement HOAG and/or its successors and assigns agree to maintain the structural integrity and ,functional operation of storm drain system located within the area shown in Exhibit "B" in good and satisfactory condition. CITY will grant such access and construction easements reasonably necessary to perform maintenance obligations. 4 . In the event HOAG and/or its successors and assigns do not maintain the structural integrity and functional operation in an adequate manner, CITY shall notify Hoag and/or its successors and assigns, in writing, of such. If Hoag and/or its successors do not respond to aforementioned notice within 30 days, CITY shall cause such maintenance to be performed adequately and all costs incurred shall be assessed to and billed directly to HOAG and/or its successors and assigns, unless maintenance is necessary to repair damage to storm drain system which is a direct result of CITY development or negligence. Payment shall be due within ten (10) days of billing which shall be accompanied by reasonable evidence of work performed by CITY and amounts owing. Notwithstanding the above-notification condition, CITY may conduct any maintenance deemed necessary to prevent eminent flooding, at the cost of HOAG. 5. This Easement is appurtenant to said real property described in Exhibit "A" , and shall run with the land and may not be separately assigned apart from real property or interests therein. 6. HOAG shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. -2- Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms reasonably satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Hoag shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, HOAG shall immediately notify CITY of any known depletion of limits. HOAG shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Above-mentioned insurance requirements may be fulfilled by Hoag through a self-funded insurance program. 7 . HOAG hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to HOAG' s employees and damage to HOAG's property, arising directly or indirectly out of the negligent or willful acts of HOAG in connection with the obligations or operations herein undertaken by HOAG, but save and except those which arise out of the negligence, or the willful misconduct of CITY. 8 . Pursuant to California Labor Code 1861, HOAG acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; HOAG covenants that it will comply with such provisions prior to commencing performance of the work hereunder. -3- HOAG shall maintain such Worker' s Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. Above- mentioned insurance requirements may be fulfilled by Hoag through a self-funded insurance program. HOAG shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. HOAG shall furnishes to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and HOAG shall similarly require all subcontractors to waive subrogation. 9 . This easement is nonexclusive, and the IMPROVEMENT AREA shall at all times be open equally to use by the general public provided such use does not interfere with the rights or duties of HOAG as described herein. 10. HOAG agrees that in the performance of this agreement and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in, discrimination against any person because of race., religious creed, color, national , origin, ancestry, physical handicap, medical condition, marital status, or sex. 11. This instrument shall bind and inure to the benefit of the owners of the real property as described in Exhibit "A" and their respective successors, heirs, personal representatives and assigns, provided, however, that any person who conveys, assigns, or sells by recorded deed all of his or her interest in the property described in Exhibit "A" shall thereafter be released from all duties and obligations under this agreement arising after the date that such deed is recorded. -4- 12 . This agreement shall be recorded with the County Recorder of Orange County, California. 13 . In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing: party reasonable expenses, attorney's fees, and costs. 14 . This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Date: 02/19/91 -5- I ti`•rVtitr'vom smitmovvLCYVMCh I NO 209 o State of (2�6- CAPACITY CLAIMED BY SIGNER 1 r County of t'S�C-oft y,C� � INDIVIDUAL(S) 0 f (J (J q // 0 CORPORATE l fOn S/y��'��_J'n -//07 before me, �a--(24a.- 74, A�i� No PyISLcL OFFICER(S) f / DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOENOTARY PUB C" TITLE(S) r r /' /J / ❑ PARTNER(S) 0 personally appeared Pe tZ/ `�7r 1'1 CG i( (�U�?2`j-(Q ASfac ❑ ATTORNEY-IN-FACT 6 1 NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) 1 r Q personally known to me-OR- basis of-satisfactory-evidence 0 SUBSCRIBING WITNESS (1 r to be the persor(s[� whose nams� r 6 o subscribed to the within instrument and ac- 0 GUARDIAN/CONSERVATOR 0 fknowledged to me that the executed ❑ OTHER: f fthe same in h+e/hef/thei?) authorized f OFFICIAL NOTARY SEAL ea�a as), and that by -i�istherltheir�' j r ,_,1.v_- LAURA A.NELSON signature( )on the instrument the persorC[s, f r +,0, Notary Public--Calitornis 1 4 ORANGE COUNTY or the entity upon behalf of which the person SIGNER IS REPRESENTING: r % cig:1,�- My Comm.Expires JUL 08.1995 acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) o 1 Witness my hand and official seal. o r _~ r SIGNATURE OF NOTARY 0 1 ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to/unauthorized document. jTHIS CERTIFICATE Title or Type of Document c '�44Pxf a ��87"s1 )aii/ 14(itit ta,, C{� j f MUST BE ATTACHED Number of Pages r / TO THE DOCUMENTDate of Document 6 - - 9 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Peter M. +-au ike, Dian L)-(a. rc),6a.,'114-4film 0-t,e . ulw Louis F Sa-.t t-ovzt-P / GENERAL ACKNOWLEDGMENT NO.Z01 - lfl��f/-=1�-' _ :l��_ - _ _ -,7�-7.-7-fr,:r;1 0. State of I tarp On this they day of 'Tv I L 19 r 1,before me, SS. �r aro $ County of ��(1�� e- L sf I LAI a ,rali- �CL L j SS V) a h , \ 9 the undersigned Notary Public,personally appeared e.-kX M ' FnOLLe & Dianea 1-111rd, 6 OFFICIAL SEAL ❑ personally known to me 0 • 6 c , Emily Sarah-Kay Grossman X.proved to me on the basis of satisfactory evidence o it IA NOTARY PUBLIC - CALIFORNIA to be the person(s)whose name(s) � subscribed to the 1° ORANGE COUNTY within instrument,and cknowledged that41 8 executed it. ":- o' My comm. expires JAN 2, 1993 o - - - - WI ESS my hand a fficial seal. 0 Notary's Si ture 0 0 ATTENTION NOTARY:Although the information requested below is OPTI AL,it could prey nt fraudulent at f thiscertificate to another d ument chment o ceca . 1 THIS CERTIFICATE Title or Type of Document t 0 ,• ic" - O MUST BE ATTACHED Number of Pages 8 Date of D cement Jr'd jan e , 1 P/ 0 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above ...T......, .,..r.MS/.nervy.r.v.,-omc DM a,e.on a..,,7111d.f`arma Park(`A 91304-7184 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: HOAG MEMORIAL HOSPITAL PRESBYTERIAN CITY OF HUNTINGTON BEACH a California non-profit corporation a municipal corporation of the State of California By: , (;12,10, Peter M. Foulke Mayor Its: S, (/,r? Senior Vice President and Chi of Financial Officer -sitBy , t Vice Pre d nt Its: ATTEST: APPROVED AS TO FORM: G City Clerk C' y ttorney�� t� .iv;) REVIEWED AND APPROVED: NITIAT AND APPROVED: • City Administrator Direc or of Public Works 4 -1 t-01 t -6- • • EXHIBIT "A" THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY 660. 00 FEET ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER; THENCE EASTERLY 83. 00 FEET, PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY 602 . 00 FEET, PARALLEL WITH SAID NORTHERLY LINE: THENCE NORTHERLY 330. 00 FEET, PARALLEL WITH SAID WESTERLY LINE, TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 330. 00 FEET, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE; THENCE WESTERLY 602 . 00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTHERLY 330. 00 FEET TO THE TRUE POINT OF BEGINNING. -7- k. • . ... .. EXHIBIT "B" SKETCH iv ACCOMPANY LEGAL DESCRIPTION , • • • — 1 ... . NOT 10 SCALE . \ . . . i I il! - PN?CEL 2 . . .. •-• „-, 11 itI - . ..,.. , -• -•• '-' .L.: 1. - . -W. -' - : - ''..- ' 1111 • '• 1 , PN?CEL 1 --1114 .., . ,. • . 11• . . 7 _ 1 I 1 1 • 1 - I I .. . I - 1 . .1i- .7.• ' , ;11\IA .- %1 i 11-,.,'•:. _. . .. _ j 6, ,;.--...•,,,-!:• "4:,,' , : i '. :. -:-,'''s • . :..; , t V.• : — ' - ' '-''' ' ' , • f I • • . • , , • I I 1 :.... cs r— . I . , .. • 4,,...s e LL I . I P .• el " ji .BEACH. BOULEVARD .T.5.109:j.,,,_ e -v (........ P.aB. • L. . NIP CLV?. OF SW 1/4 or SEC 1, 1V.2 NIB • . .. .. . . . '‘.1f,:721,;:.c.%...,,, CIVIL ENGINEERING and SURVEYING 1 ' MO Birch Simi Beech Callfetnle 92680 • (4711552—0321 lit Ifyym IN)111112MID110 3/413 PSI tomp • t d " - • Recording requested by: C.ity_ of Huntington Beach Return to: Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 9 -517020 RECORDED IN OFFICIAL RECORDS This document is solely for the Of ORANGE COUNTY CALIFORNIA official business of the City of Huntington Beach, as contem- plated under Government recent Code 3:30 P.M. SEP 2 3 1991 sea. 6103 and should be recorded free of charge. ca a 561a RECORDER CONFORMED COPY Not Compared with Original EASEMENT AND STORM DRAIN MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN t Titles $ Add. $ Pg@$ Lien Olt $ @$ Other $ !� �. ROC.FB21 I$ 2CJ D.T.T. $ SNMF $ RDE-12 • • EASEMENT AND STORM DRAIN MAINT NANCE AGREEMENT BETWEEN THE CITY OF HUNTING ON BEACH AND HOAG MEMORIAL HOSPITA PRESBYTERIAN THIS AGREEMENT made and entered into this 3Yd day of J11.01` , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California non-profit corporation, hereinafter referred to as "HOAG. " WHEREAS, in connection with the development of real property described in Exhibit "A" in Huntington Beach, California, HOAG was required by the Department of Public Works of CITY to provide a storm drain and other improvements on CITY property in accordance with plans and specifications submitted by HOAG and approved by CITY; and WHEREAS, HOAG, has provided for said improvements in CITY property as noted above (hereinafter referred to as "IMPROVEMENT AREA") , which area is set out and delineated in Exhibit "B" attached hereto; and WHEREAS, by this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the maintenance of the afore-described "IMPROVEMENT AREA" ; and ' WHEREAS, said IMPROVEMENT AREA is located within the CITY, County of Orange, California, and more particularly shown on Exhibit "B, " attached hereto and incorporated by reference herein, NOW, THEREFORE, the parties agree as follows: 1. CITY grants to HOAG an easement to utilize the IMPROVEMENT AREA for storm drain purposes. -1- 2 . The term of this easement shall be perpetual for so long as the easement is used for storm drain purposes. 3 . During the term of this easement HOAG and/or its successors and assigns agree to maintain the structural integrity and functional operation of storm drain system located within the area shown in Exhibit "B" in good and satisfactory condition. CITY will grant such access and construction easements reasonably necessary to perform maintenance obligations. 4 . In the event HOAG and/or its successors and assigns do not maintain the structural integrity and functional operation in an adequate manner, CITY shall notify Hoag and/or its successors and assigns, in writing, of such. If Hoag and/or its successors do not respond to aforementioned notice within 30 days, CITY shall cause such maintenance to be performed adequately and all costs incurred shall be assessed to and billed directly to HOAG and/or its successors and assigns, unless maintenance is necessary to repair damage to storm drain system which is a direct result of CITY development or negligence. Payment shall be due within ten (10) days of billing which shall be accompanied by reasonable evidence of work performed by CITY and amounts owing. Notwithstanding the above-notification condition, CITY may conduct any maintenance deemed necessary to prevent eminent flooding, at the cost of HOAG. 5. This Easement is appurtenant to said real property described in Exhibit "A" , and shall run with the land and may not be separately assigned apart from real property or interests therein. 6. HOAG shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. -2- Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms reasonably satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Hoag shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, HOAG shall immediately notify CITY of any known depletion of limits. HOAG shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Above-mentioned insurance requirements may be fulfilled by Hoag through a self-funded insurance program. 7 . HOAG hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to HOAG' s employees and damage to HOAG's property, arising directly or indirectly out of the negligent or willful acts of HOAG in connection with the obligations or operations herein undertaken by HOAG, but save and except those which arise out of the negligence, or the willful misconduct of CITY. 8. Pursuant to California Labor Code 1861, HOAG acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; HOAG covenants that it will comply with such provisions prior to commencing performance of the work hereunder. -3- HOAG shall maintain such Worker' s Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. Above- mentioned insurance requirements may be fulfilled by Hoag through a self-funded insurance program. HOAG shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. HOAG shall furnishes to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and HOAG shall similarly require all subcontractors to waive subrogation. 9 . This easement is nonexclusive, ,and the IMPROVEMENT AREA shall at all times be open equally to use by the general public provided such use does not interfere with the rights or duties. of HOAG as described herein. 10. HOAG agrees that in the performance of this agreement and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. 11. This instrument shall bind and inure to the benefit of the owners of the real property as described in Exhibit "A" and their respective successors, heirs, personal representatives and assigns,, provided, however, that any person who conveys, assigns, or sells by recorded deed all of his or her interest in the property described in Exhibit "A" shall thereafter be released from all duties and obligations under this agreement arising after the date that such deed is recorded. -4- 12 . This agreement shall be recorded with the County Recorder of Orange County, California. 13 . In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. 14 . This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Date: 02/19/91 -5- IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: HOAG MEMORIAL HOSPITAL PRESBYTERIAN CITY OF HUNTINGTON BEACH a California non-profit corporation a municipal corporation of State of California BY: o R� dijA40. Peter M. Foulke Its: St, 6? Senior Vice President and Chief Financial Officer Vice Pre d nt Its: ATTEST: APPROVED AS TO FORM: s City Clerk C• y ttorney ,RS4N 47r REVIEWED AND-APPROVED: NITIATFD AND. APPROVED: City.,, Administrator Direc or of Public Works 1ve, 4 -i ►- s• -6- EXHIBIT "A" THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY 660. 00 FEET ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER; THENCE EASTERLY 83. 00 FEET, PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY 602 . 00. FEET, PARALLEL WITH SAID NORTHERLY LINE: THENCE NORTHERLY 330. 00 FEET, PARALLEL WITH SAID WESTERLY LINE, TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 330. 00 FEET, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE; THENCE WESTERLY 602 . 00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTHERLY 330. 00 FEET TO THE TRUE POINT OF BEGINNING. -7- .• . Er\'HIB/T "B" .SVE1CN IV ACCOMPANY LEVI OESCR1P170N " f. . , . .......... . --- . -,-,- , NOT TO SCALE . • id . . ' ' ,' ) IL_ '' ., . . , ' PARCEL 2 1 1 I ' te .1 i I • 1 a , 112 . • , PARCEL 1 • 1 1 . 7 — • I 1 i ' '. , L , . 1 I. . . , ..., .. . . !II ' . f I ' r !I • I 1 1 i . 5 1 ,- 1 I . , 1 I 4 I . isp I .. . . .5 r- 1 i .4,1 se cc I . >_ ....j1 'BEACH ' BOULEVARD 1 J5&00' c--------'--1\/\"-151.r I 1NE OF SW 1/4 SEC -...," N...( __..... P.a.s. .. € t,.. . NH'COR OF SIP 1/4 OF.FEC 1, . 165 R110' • ", „,;.", .•i,:;'il; ....;;•,,', •,!.•i' . , • '.. VACti ViNba,'Oi,Ca''6Y'''l' . . . . „ CIVIL ENGINEERING and SURVEYING 1 ' 3829 Bfrah Street Noreport Beech.Call/arab P2600 , (714)852—ems Nil Wpm no 81402092.0111 4113 PLI tt/tep 0 , . .. • . . ' ' . 51,51 HOAG MEMORIAL HOSPITAL PRESBYTERIAN 301 NEWPORT BOULEVARD • BOX Y • NEWPORT BEACH, CALIFORNIA92658.8912 • PHONE (714) 645-8600 May 11 , 1990 City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Attention: Julie Fittery Insurance & Benefits Re: Use Permit #90-23 Gentlemen: Hoag Memorial Hospital Presbyterian's Worker's Compensation and Liability coverage is as follows: SELF-INSURED: Hospital Liability - $2, 000 ,000 Worker's Compensation & Employer's Liability - $200 ,000 Worker's Compensation $250 ,000 Employer's Liability $250 ,000 Combined EXCESS WORKER'S COMPENSATION & EMPLOYER'S LIABILITY: General Reinsurance - Policy #X-7186 (see attached) azkiYt- i n Sincerel eri L. Snell Controller if A NoN-PRopAT COMMUNIYr HOSPITAL ACCRgDIYSD I3Y THE JOINT COMMISSION ON ACCREDITATION OP HOSPITALS RESOLUTION NO. 6290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN EASEMENT AND MAINTENANCE AGREEMENT WITH HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR A STORM DRAIN ON CITY PROPERTY WHEREAS, the City of Huntington Beach desires to have the storm drain from the Hoag property located on City property and Hoag Memorial Hospital Presbyterian desires the same and Hoag Memorial Hospital Presbyterian is agreeable to maintaining said storm drain the location of which is shown and attached hereto as Exhibit "A" and incorporated herein by this reference. NOW, THEREFORE, the City of Huntington Beach City Council authorized the Mayor and the City Clerk to execute such easement and agreement and deliver all necessary documents in connection therewith for and on behalf of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June , 1991 . q):3L4J . ):(L(Li • Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED A \D APPROVED: City Administrator Directo of Public Works -1- Res. No. 6290 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of June , lg 91 , by the following vote: AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Councilmembers: None ABSENT: Councilmembers: None 4;r4v1V.i A' i • City Clerk and ex-offici.Clerk of the City Council of the City of Huntington Beach, California