HomeMy WebLinkAboutMACERICH CALIFORNIA ASSOCIATES - 1992-12-07 / /)/b) o, /
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HB CITY OF HUNTINGTON BEACH _.
INTER-DEPARTMENT COMMUNICATION
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TO: DAN BRENNAN, DIRECTOR, REAL ESTATE SERVICES
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FROM: GAIL HUTTON, CITY ATTORNEY
DATE: OCTOBER 13, 1995
SUBJECT: RLS#95-615; Council Approval of Easement Deed and Rider
BACKGROUND:
City Council approved a contract for traffic signal installation with One Pacific
Plaza II and Macerich California Associates on December 7, 1992. As a provision of
the contract, Plaza II and Macerich agreed to grant City any and all easements
necessary to carry out City's duties under the agreement. The easement deed and
attached rider were not incorporated in the original agreement. On August 22, 1995,
an easement was granted by deed to the City of Huntington Beach by Plaza II and
Macerich.
ISSUE:
Must the easement deed and attached rider be approved by City Council?
ANSWER:
Yes, the easement deed and attached rider must be approved by City Council. "
ANALYSIS:
Pursuant to Section 613 of the Huntington Beach City Charter, the easement
deed and attached rider must be approved by City Council.. The section provides as
follows:
Except as hereinafter provided, the City shall be bound by a contract only if it is
made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council
and only upon the direction of the City Council. Exceptions to this procedure
are as follows:
opinion/95615/jmm/10/16/95 /�
Larkin
10/16/95
page 2 of 2
(a) By ordinance or resolution of the City Council may authorize the City
Administrator or other officer to bind the City, with or without a written contract,
for the acquisition of equipment, materials, supplies, labor, services, or other
items included within the budget approved by the City Council, and may impose
a monetary limit upon such authority/
(b) By ordinance or resolution, the City Council may provide a method for the sale
or exchange of personal property not needed in the city service or not fit for the
purposes for which intended, and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public
utility owned, controlled, or operated by the City may be made by the manager
of such utility or by the head of the department or City Administrator upon forms
approved by the City Administrator and at rates fixed by the City Council.
Since the approval of the original contract for traffic installation did not incorporate the
easement deed and the attached rider, the deed and rider establish a modification to
the existingcontract which must must be approved byCityCouncil.
PP
The contract provision imposes an obligation on the other parties to grant the
easement to the City. It does not impose an obligation on the City to accept the grant.
Further, the attached rider imposes additional obligations upon the City which were not
covered by the original agreement and therefore were not approved at that time.
CONCLUSION:
The easement deed and attached rider dated August 22, 1995, must be
presented to and approved by City Council pursuant to Section 613 of the City Charter.
Sincerely,
/1;_fl
Gail Hutton
City Attorney
cc: Connie Brockway, City Clerk
Attachments:
Original easement deed and attached rider dated August 22, 1995
Copy of Agreement between City, One Pacific Plaza II, and Macerich California
Associates dated December 7, 1992
opinion/95615/jrnm/10/16/95
•
A, n CITY OF HUNTINGTON BEACH
141 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
•
November 10, 1993
Mr. Jerry Klein
c/o Jerwel Enterprises
One Pacific Plaza II
33161 Camino Capistrano, Suite A
San Juan Capistrano, CA 92675
REFERENCE: CENTER AVENUE TRAFFIC SIGNAL INSTALLATION AGREEMENT
Dear Mr. Klein:
Transmitted for your files is a copy of the Agreement between
MaceRich California Associates, One Pacific Plaza II, and the City
of Huntington Beach approved by Council on December 7, 1992 .
Sincerely,
Connie Brockway, CMC
City Clerk
CB: jh
Enclosures
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(Telephone:714-536-5227)
In CITY OF HUNTINGTON BEACH
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2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 10, 1993
Mr. Charles F. Hallums
MaceRich California Associates
200 Lakewood Center Mall
Lakewood, CA 90712
REFERENCE: TRAFFIC SIGNAL INSTALLATION AGREEMENT
Dear Mr. Hallums :
Transmitted for your files is a copy of the Agreement between
MaceRich California Associates, One Pacific Plaza II, and the City
of Huntington Beach approved by Council on December 7, 1992 .
Sincerely,
Connie Brockway, CMC
City Clerk
CB: jh
Enclosures
2743k-3
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(Telephone:714-536-5227)
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, P QUIST CITY COUNCIL REDEV T AI CY ACTION/-)1
r Art-ROVED BY CITY COUNCIL A a
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ED 92-55
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y 9. ,- d--- December 7, 1992
V CITY CLE K
Submitted to: Mayor/Chairman & City Council/Redevelopment Agency Members
Submitted by: Michael T. Uberuaga, CityAdministrator Executive Directoragi I'M
Y 9 / _
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Prepared by: Barbara A. Kaiser, Deputy City Administrator onomic DevelopWent & t\
Louis F. Sandoval, Director of Public Works %
Subject: CENTER AVENUE TRAFFIC SIGNAL INSTALLATION/HUNTINGTON CENTER U
REDEVEOPMENT PROJECT 'f
Consistent with Council/Agency policy: [X] Yes [ ] New Policy or Exception 1 k
Statement of Issue, Recommended Agency Action,Analysis, Funding Source,Alternative Actions,Attachments U
STATEMENT OF ISSUE:
L"..\ '•.•
The design plans for a new traffic signal installation on Center Avenue at One Pacific J
Plaza/Huntington Center Mall are complete and ready for construction by private parties. �
The City of Huntington Beach and Redevelopment Agency will be a party to funding a small
portion of the construction costs of this traffic signal.
RECOMMENDATION: K
1. Approve the Agreement by and between the City of Huntington Beach, One Pacific Plaza
II and MaceRich California Associates and authorize the appropriate officials to execute t
the Agreement.
2. Authorize the expenditure of a maximum of$20,000 from the Huntington Center Capital
Project Account as per the 1992-93 Annual Budget.
ANALYSIS:
The installation of a traffic signal on Center Avenue at One Pacific Plaza/Huntington Center
Mall is warranted. The installation of the traffic signal will fulfill outstanding development
conditions imposed upon the developers of the One Pacific Plaza and Huntington Center
Mall.
Development Condition No. 2, C.U.P. 79-22 (Pacific Plaza II, Jerwel Group) requires the
developer to contribute 50% of the costs of a three-way traffic signal at the subject location.
1
/ -at - ' 1/
• RCA/RAA
ED 92-55
' November 16, 1992
Page Two
•
Development Condition No. 26, C.U.P. 85-45 (MacDonald Group, to which MaceRich
California Associates is the successor) requires the developer to contribute to the costs of a
four-way traffic signal based upon the use of the traffic signal by shopping center traffic.
Following a study of existing traffic conditions at the intersections and the preparation of the
appropriate cost estimates for a four-way traffic signal the following proportional shares of
traffic signal costs were calculated as follows:
One Pacific Plaza = 42.09%
Huntington Center Mall = 46.48%
City of Huntington Beach = 11.43%
Bids have been obtained and are being evaluated via a joint effort by the City of Huntington
Beach, MaceRich and One Pacific Plaza II. The bid selected will provide for the
construction of the Center Avenue traffic signal at an engineering estimated cost of
$112,000.
FUNDING SOURCE:
The traffic signal construction project will be funded according to the percentages listed in
the analysis section. The construction project shall be bid and administered by a private
party under contract to One Pacific Plaza. The costs of the construction_management will be
included in the traffic signal construction costs, of which the City of Huntington Beach's
share of construction costs shall be paid via Huntington Center Redevelopment Project
Capital Project Account E-TH-ED-810-6-72-00.
ALTERNATIVE ACTION:
Do not approve the agreement and waive the outstanding development conditions from the
respective Conditional Use Permits.
ATTACHMENTS:
1. Site Map.
2. Letter dated October 11, 1990 to MaceRich California Associates and Pacific Plaza II,
describing the proportional cost share determination methodology.
3. Agreement.
MTU/BAK/TA:sar
.{�; JA r�`A'i}:' Huntington Beach
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` : : 2000 MAIN STREET CALIFORNIA 92648
', ` ;ram" DEPARTMENT OF ECONOMIC DEVELOPMENT
Office of the Director 536-5582
Housing 536-5542
Redevelopment 536-5582
Fax (714)375-5087
December 9, 1992
Charles Hallums, Regional Manager
The MaceRich Company
No. 200 Lakewood Center Mall
Lakewood, California 90712
Dear Charlie:
The City Council/Redevelopment Agency at their December 7, 1992 meeting, approved Item E-9
- Center Avenue Traffic Signal Installation/Huntington Center Redevelopment Project.
Please proceed with the following actions:
(1) Select the contractor.
(2) Provide City with contract and payment schedule.
(3) Provide City with cash to cover the contract and
(4) Provide insurance certificates as per the agreement.
It is understood that your goal is to complete these items by January 8, 1993. Upon completion
of items one (1) thru four (4), the agreement will be executed. If you have any questions, please
give me a call at (714) 536-5224.
Best wishes for a Happy Holiday Season and a Prosperous New Year!
Sincerely,
Thomas Andrusl
Economic Development
TA:sar
xc: Barbara A. Kaiser, Deputy City Administrator/Economic Development DRUG USE
IS
Jerry Klein - Playa II - Jerwel Enterprises AB
Jim Otterson, Traffic Engineer
TRAFFIC SIGNAL INSTALLATION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH, ONE PACIFIC PLAZA II,
AND MACERICH CALIFORNIA ASSOCIATES
•
-SECTION PAGE
1 SIGNALIZATION CONSTRUCTION AND DESIGN 2
2. PROJECT 2
3 OPERATION AND MAINTENANCE 2
4 EASEMENTS 2
5 COSTS AND EXPENSE INVOICES 2
6 GUARANTEE 3
•
7 FAITHFUL PERFORMANCE AND SECURITY 3
8 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3
9 WORKERS' COMPENSATION INSURANCE 4
10 'INSURANCE 5
11 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS 6
12 PUBLIC WARNING AND PROTECTION • 7
i
TRAFFIC SIGNAL INSTALLATION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH, ONE PACIFIC PLAZA II,
AND MACERICH CALIFORNIA ASSOCIATES
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THIS AGREEMENT is entered into this day of
1992, by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred to
as "CITY, " ONE PACIFIC PLAZA II, a general partnership
hereinafter referred to as "PLAZA II, " and MACERICH CALIFORNIA
ASSOCIATES, a Limited Partnership, d/b/a Huntington Center,
hereinafter referred to as "MACERICH. "
WHEREAS, PLAZA II, MACERICH, and CITY desire to install a
traffic signal at Center Drive and the entry to Huntington
Center/One Pacific Plaza, Huntington Beach, California; and
CITY' S Planning Commission previously required a three-way
signal as a condition of approval of PLAZA II ' s development
application, and further required CITY to participate equally
with PLAZA II in the cost of said signal; and
At a later date, the Planning Commission further required,
as a condition of approval of the Mervyn' s retail store in the
Huntington Center, an expansion of said signal to a four-way
signal with a requirement of sharing in the cost thereof; and
PLAZA II, MACERICH and CITY therefore desire to enter into
an agreement for the purpose of establishing the
responsibilities of each party for the installation and funding
of said four-way signalization project,
NOW, THEREFORE, in consideration of the promises and
agreement of the parties as herein set forth, the parties agree
as follows :
10/23/92 : sg -1-
,
•
1. SIGNALIZATION CONSTRUCTION AND DESIGN
Construction shall be performed by PLAZA II . MACERICH
and CITY shall have the right to inspect and approve all phases
of construction. The cost of administration and supervision
over the construction shall be shared equally by PLAZA II and
MACERICH.
2 . PROJECT
The cost of the Project, including permits, design,
construction, inspection and installation of the traffic signal
shall be paid by the parties as follows :
1) CITY - 11.43 percent
2) PLAZA II - 42.09 percent
3) MACERICCH - 46 .48 percent
However, city has provided the final design of the Project at no
cost to PLAZA II and MACERICH.
3 . OPERATION AND MAINTENANCE
Upon completion of construction, the traffic signal
shall be dedicated to CITY. CITY shall operate and maintain the
traffic signal at no further expense to PLAZA II and MACERICH.
4 . EASEMENTS
PLAZA II and MACERICH hereby agree to grant to CITY any
and all easements necessary to carry out CITY' S duties hereunder.
5 . COSTS AND EXPENSE INVOICES
All costs and expense invoices mentioned above shall at
all times be made available to any party hereto, upon reasonable
request thereof.
10/23/92: sg -2-
6 . GUARANTEE
PLAZA II and MACERICH shall cause any contractor used
pursuant to this agreement to guarantee all work and materials
provided for a period of one (1) year following completion.
7. FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Ordinance Code
(HBOC) , Article 997, upon execution hereof, PLAZA II and
MACERICH shall deposit with the City Treasurer the full amount
of their pro rata shares of the approved bid, which security is
given to CITY to insure faithful performance of this agreement
and of all of the conditions hereof. The deposit may be
corporate surety bond, cash or other approved form of
improvement security provided that the substituted security is
acceptable to the City Attorney.
If the bond is cash, the Contractor ' s progressive payments
may be made therefrom upon approval by PLAZA II, MACERICH and
CITY and the submission of proper and adequate labor and
material releases to CITY. Payment of the invoices shall be for
90 percent of the amount invoiced, maintaining 10 percent of the
contract amount as a faithful performance retention. The
retention amount may be released to the contractor thirty days
after the satisfactory completion of the construction of the
signal .
8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS
PLAZA II and MACERICH hereby agree to protect,
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
10/23/92 :sg -3-
from death or injury to PLAZA II or MACERICH employees and
damage to PLAZA II or MACERICH property, arising directly or
indirectly out of the obligations or operations herein
undertaken by PLAZA' II and MACERICH, including those arising
from the passive concurrent negligence of CITY, but save and
except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. PLAZA II and MACERICH will conduct all defense at their
sole cost and expense. CITY shall be reimbursed by PLAZA II and
MACERICH for all costs or attorney' s fees incurred by CITY in
enforcing this obligation, except that PLAZA II and MACERICH
shall not reimburse said costs and fees if the claim so defended
arises out of the active concurrent negligence, sole negligence,
or the sole willful misconduct of CITY.
9 . WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, PLAZA
II and MACERICH acknowledge awareness of Section 3700 et seq. of
said code, which requires every employer to be insured against
liability for workers ' compensation; PLAZA II and MACERICH
covenant that they will comply with such provisions prior to
commencing performance of the work hereunder.
PLAZA II and MACERICH shall maintain such Workers '
Compensation 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
10/23/92 : sg -4-
incident hereto, in forms and underwritten by insurance
companies satisfactory to CITY.
PLAZA II and MACERICH shall require all subcontractors
to provide such Workers ' Compensation Insurance for all of the
PLAZA II and MACERICH employees . PLAZA II and MACERICH shall
furnish to CITY a certificate of waiver of subrogation under the
terms of the Workers ' Compensation Insurance and PLAZA II and
MACERICH shall similarly require all subcontractors to waive
subrogation.
10 . INSURANCE
PLAZA II and MACERICH 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. Said insurance shall also include
automotive bodily injury and property damage liability
insurance. All insurance shall be underwritten by 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 shall name CITY, its officers, agents and employees
and all public agencies as determined by CITY as Additional
Insureds . PLAZA II and MACERICH 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 Three
Million Dollars ($3, 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 Three
10/23/92 : sg -5-
.
Million Dollars ($3, 000,000) . In the event of aggregate
coverage, PLAZA II and MACERICH shall immediately notify CITY of
any known depletion of limits . PLAZA II and MACERICH shall
require their insurer to waive its subrogation rights against
CITY and agree to provide certificates evidencing the same.
11.. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,
PLAZA II and MACERICH shall furnish to CITY certificates of
insurance subject to approval of the City Attorney evidencing
the foregoing insurance coverages as required by Sections 10 and
11 herein; said certificates shall provide the name and policy
number of each carrier and policy, and shall state that the
policy is currently in force and shall promise to provide that
such policies will not be cancelled without thirty (30) days
prior written notice to CITY. PLAZA II and MACERICH shall
maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by
CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of
CITY by PLAZA II and MACERICH under Section 8 of this
Agreement. CITY or its representative shall at all times have
the right to demand the original or a copy of all said policies
of insurance. PLAZA II and MACERICH shall pay, in a prompt and
timely manner, the premiums on all insurance hereinabove
required.
10/23/92 :sg -6-
A separate copy of the additional insured endorsement
to each of PLAZA II and MACERICH' S insurance policies, naming
CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment
hereunder .
12 . PUBLIC WARNING AND PROTECTION
CITY shall provide written guidelines to MACERICH,
PLAZA II and their contractors for the protection of public
safety and traffic mitigation during construction.
IN WITNESS HEREOF, the parties hereto have executed this
agreement the da and year first above written.
ONE PACI • •LAZA I, CITY OF HUNTINGTON BEACH
a Gen- Part
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Ma n a g • Partner jl[,Gv�e^,t pet? av,vc,/ Aa.•a:k{'O"'
MACERICH CALIFORNIA ASSOCIATES, /1/7192-
a Limited Partnership
dba Hunti on Center
By: Art Co oia
Its :General Partner
ATTEST: APPROVED AS TO FORM:
City Clerk 6trWW" City Attorney P-A-
REVIEWED AND APPROVED: INITIATED A D APPROVED:
1A; 4‹.
ity Adm nistrator Direct r of Public Works
10/23/92 : sg -7-