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HomeMy WebLinkAboutHuntington Harbour - Harbor - Mall Merchants Assoc. - 1987-05-20 Recording requested by: City of Huntington Beach. This document is solely for the Aft'exLrecording mail to: Ofl of the City Clerk Of fficial business of the City Cit� of Huntington Beach Huntington Leacn, as contem.- 2000 Plain Street plated under Goverm,,ent Code EXEMPT Huntington Beach, CA 92648 Sec. 6103 and should be recordad free of charge. C14 I PARKWAY LICENSE AGREEMENT ((�'� BETWEEN THE CITY OF HUNTINGTON BEACH AND 8T-392070 HUNTINGTON HARBOR MALL MERCHANTS ASSOCIATION THIS AGREEMENT made and entered into this C; O4, day of 19 y, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Huntington Harbor Mall Merchants Association, a tenancy in common, hereinafter referred to as "LICENSEE. " WHEREAS, in connection with the Huntington Harbor Mall Shopping Center, located in the City of Huntington Beach, County of Orange, State of California, and more particularly shown on Exhibit "A" , made a part of this Agreement and incorporated herein by this reference, LICENSEE will be required by CITY to provide maintenance of landscaping, identification sign and other improvements in the public right-of-way in accordance with plans and specifications submitted by LICENSEE and approved by CITY, and; LICENSEE and CITY desire to specifically delineate their respective obligations with respect to the maintenance of the improvements of the aforedescribed area on Warner Avenue and Algonquin Street, as shown in Exhibit "A" . NOW, THEREFORE, the parties covenant and agree as follows : 1. LICENSE CITY hereby grants to LICENSEE a license to utilize IMPROVEMENT AREA for landscaping and off-site identification sign RECORDED IN OFFICIAL RECORDS purposes. OF ORANGE COUNTY CAUFORNIA 1. -2o PhI JUL 9 '87 y'3 gyp,, COUNTY RECORDER BT-3920T 2 . TERMS CITY may terminate this license upon thirty ( 30) days written notice to LICENSEE. LICENSEE may not abandon its use and occupation with out the express written consent of CITY. 3 . 14AINTENANCE OF IpPPOVEHENT AREA During the term of this Aareement, LICENSEE agrees to maintain the identification_ sign and existing improvements of the area shown in Exhibit "A" and designated thereon as the "area within the agreement" in a manner acceptable to CITY. Landscape Maintenance shall include, but shall not be limited to, watering, repairing and adjusting irrigation systems when failures occur, fertilizing, cultivatinq, edging, performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally }seeping the landscape area in a clean, safe and attractive condition, taking into consideration normal growth of the landscape material and a continuation of the aesthetic quality of the area. The growth of all plant materials shall be controlled so that none protrude into pedestrian., t,icycle -or street areas to obstruct or hinder bicycling, walking or driving traffic. Water, soil or other materials shall not be allowed to flow or spray across or into the bicycle path, pedestrian walk or street right-of-way from the edge of the curb/gutter to the center of the street as designated on Exhibit "A" . IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such gardening and 2. maintenance pratices so performed shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards and Specifications issued by the Department of Public Works of CITY. 4. DAMAGE In the event any damage is caused to the pathways, sidewalks, curb, street or utilities as a result of the installation of the identification sign and/or maintenance of the IMPROVEMENT AREA, LICENSEE agrees to repair same at its own expense. 5 . ENFORCEMENT BY CITY In the event LICENSEE fails to maintain IMPROVEMENT AREA in a manner acceptable to CITY, CITY shall then cause such maintenance to be performed adequately and all costs incurred therein by CITY shall be assessed to and billed directly to LICENSEE and or its successors and assigns. Payment shall be due within ten ( 10) days of billing from CITY. 6 . MODIFICATIONS LICENSEE shall make no material change in the placement or type of identification sign or plant material or other improvements utilized within IMPROVEMENT AREA nor shall the design of IMPROVEMENT AREA be materially changed without prior written consent of CITY. 7. SEPARATE ASSIGNMENT This license is appurtenant to the right-of-way on Warner Avenue and Algonquin Street, as shown in Exhibit "A" and may not be separately assigned apart from the defined area . 3. 8l®392®JJ 8. INSURANCE AND INDEMNIFICATION (a) LICENSEE shall carry at all times incident hereto and for the entire term of this AGREEMENT bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by the insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations, and all owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, its officers, agents and employees as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One-million ( t1, 000, 000.00) combined single limit coverage. DEVELOPER and/or .ASSOCIATION shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage ; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. The requirement for carrying the foregoing insurance shall not derogate from the indemnification provisions set forth herein. (b) LICENSFE hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with LICENSEE 'S performance of this Agreement 4. 8T®39Z0 ( including, but not limited to such liability, costs, damage, loss, claim, or expense arising from the death or injury to an agent or employee of LICENSEE, if any, or CITY, or damage to the property of LICENSEE, subcontractor, if any, or CITY, or the property of any agent or employee of LICENSEE, subcontractor, if any, or CITY) , regardless of the passive or active negligence of CITY, except where such liability, damages, costs, losses, claims or expenses are caused by the sole negligence or willful misconduct of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees, in connection with the AGREEMENT. 9. NONDISCRIMINATION LICENSEE agrees that in the performance of this Agreement and use of the IMPROVEMENT AREA, it will not engage in, nor permit agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, materal status or sex. 10. BINDING EFFECT This instrument shall bind and inure to the benefit of the owners of The Huntington Harbor Mall Shopping Center and their respective successors, heirs„personal representatives and assigns, and the conditions and covenants herein shall run with the land, 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 5. 87 *39207 the date that such person gives written notice of assignment to the CITY. 11 . RECORDING This agreement shall be recorded with the County Recorder of Orange County California. 12 . MISCELLANEOUS This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed . Any oral representations or modification concerning this instrument shall be of no force and effect (REST OF PAGE NOT USED) 6. 87-392070 . excepting a subsequent modification in writing, signed by the party to be charged . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. HUNTINGTON HARBOR MALL MERCHANTS CITY OF HUNTINGTON BEACH ASSOCIATION A Municipal C rporation s By 2�- Edna r wn, President ayor APPROVE AS TO FORM B; J ck Price, Association ity torne Member TIATED AND APPROVED F(Lk Director of Public Works ATTEST: 4AIia M. bJentworth, City ClrkCity Clerk REVIEWED APPROVED City Adminis ator 7. A STATE OF CALIFORNIA ) U1 +392070 COUNTY OF ORANGE ss: u / On this ; L T/A�` day o 19 % before me, a N ary t lic in and for said Couift and State, personally appeared , known to me to be the Mayor an c a. known to me to be the City Clerk of the City of Huntington Sea�h, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. WN ' FCIALSPA �^;: Dubuc aNGE SEAL UNOA S. PATTINSON EXP.JM14,1990 Notary Public-California F ORANGE COUNTY My Comm Exp June 24,1990 ` • 07=392070 ACKNOWLEDGEMENT State of California ) ss County of Orange ) On 198;, before me EA a Notary Public for the State f California, personnally appeared / and jam_ t'fr , known to me to be the President and officers of the Assocration that executed the within instrument and acknowleged to me that such Association executed the same, pursuant to its bylaws or a resolution of its Board of Directors. OFFICIAL SEAL VA.NESSA ECKHART Notary Public For the State NOTARY PUBLIC CALIFORNIA of California OPANGE COUNTY ! 1 i My Commission Expues CeC. 14, 1990 My Commission expires ,• � � • � � � - �, sT=3s2oTo xH I0 IT N i 24 25 9 LO •.,-•r_ is i o- � � ,' V) -J/ -- 5,4IVL FA 3 - L E t W(T t-1 I 7rlf &GRffffhlff-NT- r �F � � r J J Z w AMRCH IS5i K '�7. b M. i! H ,NO. 3,4 9 M. M. r,?. SO. 4 75 M. M. REQUEP FOR CITY COUNCIPACTION Date May 1, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administr o 1 v SA Prepared by: Paul E. Cook, Director of Public Works > C 1 Subject: Parkway License Agreemen, with Huntington,. Mall s Merchants Association �p • GIT�,G� Consistent with Council Policy? [XJ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Acti s,Attachments: Statement of issue : In accordance with an agreement reached between the City of Huntington Beach and the Huntington Harbor Mall Merchants Association to allow the Merchants Association to construct an identification sign within publJ_c right of way property, a Parkway License Agreement must be executed between the Association and she City. Recommendation: Execute the Parkway License Agreement. Analysis : An agreement was reached between the City and the Association to allow construction of an identification sign for the mall to be placed within public property which is landscaped for public benefit. The sign now installed under approved permit by the City and with the approval of this Maintenance Agreement, both parties have satisfied their needs . Funding Source : N/A Alternative Action: Deny approval of this Agreement. Attachment: Maintenance Agreement. el P10 5/85 14 AF�N TC- • CERTIFICATE OF INSURANCE APPROVED S TO FORM City of Huntington Beach TO Insurance&Benefits Division P.O.Box 190 CITY OF HUNTINGTON BEACH,CALIFORNIA City Attorney Huntington Beach,CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 30 days prior written notice, by mail,to City of Huntington Beach, Insurance and Benefits Division, P. O. Box 190, Huntington Beach, California 92648- Name of Insured D D Dunlap Companies Address of Insured 3591 Long Beach Boulevard Long Beach California 90807 Location of Work or Operations to be performed Warner/Algonquin Intersection Description of Work or Operations Parkway License Agreement POLICY DATES LIMITS OF LIABILITY Name of Insurance Co.& POLICIES IN FORCE POLICY NO. In Thousands(000) Self Insured Retention or Effective Expiration Deductible. GENERAL LIABILITY I4 COMPREHENSIVE FORM [XI PREMISES—OPERATIONS PAC6002287 8/1 /86 8/1 /87 $ /r000 CSL American National Each Occurence Fire Ins. Co. CXl EXPLOSION AND COLLAPSE HAZARD [Xl UNDERGROUND HAZARD $250.00 Property Damage 00 PRODUCTS COMPLETED Deductible OPERATIONS HAZARD DO CONTRACTUALINSURANCE [XI BROAD FORM PROPERTY DAMAGE [XI INDEPENDENT CONTRACTORS [ PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY [ I COMPREHENSIVE FORM [ I OWNED $ CSL Each Occurence [ I HIRED [ I NON-OWNED EXCESS LIABILITY [ I UMBRELLA FORM $ [ I OTHER INSURANCE COVERAGE WORKERS'COMPENSATION AND Waiver of subrogation from Workers'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder. Such insurance is primary and not excess or contributing to any other insurance of the City of Huntington Beach. As per attached endorsement. This certificate is issued as a matter of information.This certificate is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. The Dougherty Company, Inc. American National Fire Insurance Company Agency or Brokerage Insurance Company 6O Box 7277, Long Beach_ CA 90807 ress o B.J. Young, Jr. ` N 6/19/87 Name of Pers3n to be Contacted Aut orVrized ignature; Date 213 42 4-16 21 NOTE: signature may be le agents if agent has placed insurance Telephone number through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of an official of the insurance company. SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT I 8ti9Z6 V3 '4aea8 u016u1JunH ,,,V,. 06 L x08 '0 A uoisIA11J s11;au08 ?g aaueansul HOV38 NOIJNI1NnH 30 A113 98/9 Old •uoliejodaoO inoA pulq of AlP041ne jnoA ;o aauap!Aa AJ013e;s!ies luasaid 'aAlleuJalle aql u! 'io :u !s lsnw :all!1 :A8 :011!1 :A8 :03NJIS Cam^ •uolJOlps!jnf lualodwoa;o gsjsAu i popieMe aq Aew jo Apo of posingwlaa aq IIe4s luawaaJBe sigl 6u10jo;ue u! Apo Aq paaan3ui sea; sAaujoue jo asua}ip �o1��.RuoO paansul a41 ;o asuadxa alos a41 ie pue Al!O ayi Aq isanbaa uodn pap!Aoid aq Ileys luawaaJ6e sigj Aq paj!nbaal 41 .(saal!uwapu!) 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'g3ea8 uol6uliunH ;o Al!O ayi ssalwaey ploy pue A;!uwapui 'pua;ap of saaw6e Agajag ()luelq agl ui ll!} jo a3!o4D aleudoidde a44 alojm lsnw noA) �aylO /uoimodioO eluao;!Ie3/d14sJ0u1Jed pal!w!3 e1ua0;!Ie3/d14saau1Jed IeJ3uaO/,lolal.Id0Jd 810S a 'jmenuo:) paansul pau6lsiapun a41 1N31N3389V SS311AIHVH 410H (INV NOIIVDI=I1NW30NI '3SN333(l 0665 9£5 le 001110 s!41 Ilea aseald 'suo!lsonb Aue ane4 noA 11 -8b9Z6 emiopleO 'g3ea8 uol -Bu1)unH '061 x08 '0 'd 'goea8 uol6u!lunH ;o AliO 'aa!;;O si!;aua8 pue aaueansul aq1 of pal!ew aq pinogs aaueansul ;o sole3lpliaz) llt/ O3af1SNl (13WVN-1VNOI1100V NV 381sm HOV38 NOIDNIINnH 30.1110 3H1 •43ea8 uol6uilunH ;o Al!O ag1 woa;aAI@30J II!m noA u0llella3ue010 ao!iou Aluo ayl s! s!41 •Juana a0 u0ileaado.InoA;o umop 6u!solo a4l pue asua0!l ao i!wiad inoA ;o uollellaauea agl u! ilnsaa Aew Aldwoo of oanl!e j •alep uo!lea!dxa slgl 01 J01ad woo;s!4; uo'aaueansul ;o ale3iplia8 palepdn ue J!wgns luo6e anoA aneq aseald 'lagel 6u!i!ew ;o wolloq uo umogs alep aql uo ajidxa II!m ApZ) aql gjim al!; uo aAeg mou noA oleo!pim a41 •aaao;ui si asuad!l ao i!waad iegi se 6uol se jo;luaaano idol aq J! 1eg1 pue:asuaa!l ao Jlwiad a;o aouenssi ag1 ao;sn g1!m al!;uo aq aaueansul 10 aleoipliao a 1ey1 aaueu!pio Aq saimbai 4oea8 uo16u!iunH ;o Al!O a41 INSURED POLICY NUMBER D.D. DUNLAP COMPANIES, ET AL PAC 6002287 ILEFFECTIVE DATE POLICY PERIOD AUTHORIZED REPRESENTATIVE 6 19 87 8 1 8 to 8/1 /87 GWATANEI� Complete the above spaces if this endorsement is not attached to the policy when issued. INSURANCE COMPANIES GENERAL ENDORSEMENT ADDITIONAL INSURED (CONTRACTING OPERATIONS) IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF INCLUDED, IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY FOR BODILY INJURY LIABILITY AND FOR PROPERTY DAMAGE LIABILITY APPLIES TO: CITY OF HUNTINGTON BEACH AND ITS CITY COUNCIL, AND/OR ALL CITY COUNCIL APPOINTED GROUPS, COMMITTEES, COMMISSIONS, BOARDS AND ANY OTHER CITY COUNCIL APPOINTED BODY, AND/OR ELECTIVE AND APPOINTIVE OFFICERS SERVANTS OR EMPLOYEES OF THE CITY OF HUNTINGTON BEACH AS ADDITIONAL INSURED(S) , BUT ONLY WITH RESPECT TO OPERATIONS PERFORMED FOR SUCH ADDITIONAL INSUREDS) BY THE NAMED INSURED. AS RESPECTS THE ADDITIONAL INSUREDS, THE FOLLOWING ADDITIONAL EXCLUSIONS AND CONDITIONS APPLY: A. EXCLUSIONS: THE INSURANCE DOES NOT APPLY TO: 1 . DAMAGES ARISING OUT OF ANY PROFESSIONAL SERVICES PERFORMED BY OR FOR THE ADDITIONAL INSURED(S) , INCLUDING: (A) THE PREPARATION OR APPROVAL OF MAPS, PLANS, OPINIONS, REPORTS, SURVEYS, DESIGNS OR SPECIFICATIONS AND (B) SUPERVISORY, INSPECTION OR ENGINEERING SERVICES. 2. LIABILITY ASSUMED BY ADDITIONAL INSURED(S) . B. CONDITIONS: '7 1 . THE INCLUSION OF ADDITIONAL INSURED(S) SHALL NOT INCREASE THE LIMITS OF THE COMPANY'S LIABILITY UNDER THIS POLICY. 2. THE LIMITS OF LIABILITY AFFORDED TO THE ADDITIONAL INSURED(S) SHALL NOT EXCEED THE LIMITS SET FORTH ON THE CERTIFICATE OF INSURANCE ISSUED TO THE ADDITIONAL INSURED(S) . THE AFOREMENTIONED LIMITATIONS APPLY IRRESPECTIVE OF THE LIMITS PROVIDED BY THE POLICY(IES). 3. THE INSURANCE AFFORDED TO THE ADDITIONAL INSURED(S) UNDER THIS ENDORSEMENT SHALL BE PRIMARY AS TO ANY OTHER INSURANCE COVERING OR AVAILABLE TO THE ADDITIONAL INSUREDS) AND SUCH OTHER INSURANCE SHALL NOT BE REQUIRED TO CONTRIBUTE TO ANY LIABILITY OR LOSS UNTIL AND UNLESS THE APPROPRIATE LIMIT OF LIABILITY AFFORDED HEREUNDER IS EXHAUSTED. THIS POLICY IS SUBJECT OTHERWISE TO ALL ITS TERMS #5 CITY T'Y 'UINTINGTON . BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 15, 1987 Huntington Harbour Merchants Assoc. °o D. D. Dunlap Company 3591 Long Beach Blvd. Long Beach, CA 90807 The City Council of the City of Huntington Beach at the regular meeting held May 20, 1987 approved a Parkway License Agreement ..between the Huntington Harbour Merchants Association to allow the construction of an identification sign within public right of way property. Enclosed is an executed recorded copy of the agreement. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714536-6227)