HomeMy WebLinkAboutMola Development Corporation - 1985-01-01 w '�13 4skt0 01'w -6�Qt iNr
RE UEO FOR CITY COUNCIPACTI
Date December 28 1984
Gam
Submitted to: Honorable Mayor and City Council VE9$Y GIT� 1 nt'
Submitted by: Charles W. Thompson, City Administrators 0 #01 q
Prepared by: Paul E. Cook, Director Public Works 1G Y eL
Subject: RECIPROCAL PARKING AGREEMENT BETWEEN CITY OF 0 AND MOLA
DEVELOPMENT CORPORATION
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
As a condition of the Mola Project on Countess Drive in Huntington Harbour, the dev-
eloper must construct a joint-use parking lot.
RECOMMENDATION:
Approve the Reciprocal Parking Agreement with Mola Development Corporation and author-
ize the Mayor to execute the agreement.
ANALYSIS:
The Mola Redevelopment Corporation has an approved residential development plan for
the Huntington Harbour property at the end of Countess Drive. As a condition of that
development a parking lot must be built by the developer. Since the parking lot will
provide more than the 30 guest spaces required for the development, it could also serve
as public parking for the existing park and proposed marina. The proposed agreement
provides that both the City and the residents of the new development share the park-
ing facility.
ALTERNATIVE ACTIONS:
Disapprove the terms of the agreement and return it to the City Attorney for revision,
or (2) reject the concept of reciprocal parking and let the parking lot remain private.
ATTACHMENTS:
Reciprocal Parking Agreement between the City of Huntington Beach and Mola Development
Corporation.
PEC:LE:ik
PI O 4/84
R�c?rding requested by: Ci of Huntington Beach 8 5--1 814 99
After recording mail to: 00ce of the City Clerk, City of Wington Beach
2000 [lain Street, Huntington Beach, CA 92648
RECIPROCAL PARKING AGREEMENT BETWEEN EXEMPT
CITY OF HUNTINGTON BEACH AND C15
MOLA DEVELOPMENT CORPORATION
THIS AGREEMENT made and entered into this .23Al day of
1986', by and between CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California (hereinafter
referred to as "CITY") , and MOLA DEVELOPMENT CORPORATION, a Cali-
fornia corporation (hereinafter referred to as "MOLA" ) .
WHEREAS, MOLA is the owner in fee simple of that certain real
property located in the City of Huntington Beach, County of Orange ,
State of California, more particularly described in Exhibit "A" and
shown on Exhibit "D" attached hereto and incorporated herein by this
reference , hereinafter referred to as Parcels 1 , 1a, and 1b ; and
Parcels 1 , la, and 1b are zoned for residential uses requiring'"-' ~
parking facilities ; and
There is an approved development plan for Parcels 1 , la, and 1b
which will include a parking lot to accommodate approximately thi<rty
( 30) guest parking spaces for said development ; and
That a portion of said parking lot located on Parcels 1 , la,
and 1b provides more parking than is needed for the development,
resulting in a surplus of parking spaces available for use by
visitors to the beach, park, or marina ; and
CITY owns in fee simple that area adjacent to Parcel 1 , which
use is for public park and beach purposes and which requires addi-
RECORDEDOFFICIL RECORDS
This document is solely for the OF ORANGE'COUNTYpCALIFORNIA
official business of the City _1_
of Fiuntin<,ton Beach, as contem- -1122AM MAY 20'85
plated under Government Code
Sec. 6103 and should be recorded
COUNTY of charge.
RECC)Rf)ER
r� • 415-AU499
tional public parking facilities. Said area is more particuarly
described in Exhibit "B" attached hereto and incorporated herein by
this reference and shown on Exhibit "D" hereafter referred to as
Parcel 2 ; and
CITY has applied to the State of California for a permit to
construct, operate and maintain public parking facilities on those
certain lands more particularly described in the State Permit
Application attached as Exhibit "D" and incorporated herein by this
reference and hereafter referred to as Parcel 3 ; and
The configuration and location of Parcel 3 and portions of
Parcel 1 are such that the convenience of the public seeking access
to Parcel 2 and Parcel 14, reflected in Exhibit "D" would be signi-
ficantly improved and the operation and maintenance of the parking
for the park, beach and marina would be significantly enchanced if a
reciprocal parking agreement existed ; and
The parties hereto desire to enter into such an agreement.
NOW, THEREFORE, for and in consideration of the foregoing
recitals, the mutual covenants contained 'herein, and other con-
siderations, the value , adequacy and receipt of which are hereby
acknowledged , the parties hereto do hereby grant, covenant and agree
as follows :
1 . CITY and its tenants, subtenants , and its officers,
employees, agents, patrons, suppliers, invitees, licensees, and
members of the public having the right to lawfully enter and use all
or portions of Parcels 2 and 4 (hereinafter "Occupants of Parcels 2
and 411 ) shall have a nonexclusive right to use in common with others
the surface of that portion of Parcel 1 designated and described as
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Parcels 1a and 1b on Exhibit "D" hereto for the purpose of motor
vehicle parking in connection with the use of Parcels 2 and 4.
2. MOLA and its grantees, transferees, successors, assigns,
tenants, subtenants and its officers, employees, agents, patrons,
suppliers, invitees and licensees and other members of the public
having the right to lawfully be on or who are in lawful possession
of all or part of Parcel 1 (hereinafter "Occupants of Parcel 111 )
shall have a nonexclusive right to use in common with others the
surface of Parcel 3 for the purpose of motor vehicle parking in
connection with the use of Parcel 1 .
3. CITY hereby grants MOLA the right and MOLA shall have the
duty for the benefit of CITY and Parcels 2 and 4 to construct full
street improvements on Countess Drive , as well as the parking
facility shown on the approved development plan, including surface
parking facilities, including but not limited to surface materials,
curbs, walks , walkways , lighting, utilities and other improvements
and landscaping on Parcel 3 to the plans and specifications approved
by CITY on or before January 1 , 1986. In the event that CITY fails
to approve said plans and specifications by said time , MOLA and/or
CITY may at their option terminate this Agreement by executing and
recording in the Orange County Recorder 's Office , a written notice
of termination prior to said date . MOLA does not hereby agree to
maintain, repair or replace any of said improvements.
4. MOLA agrees to dedicate Parcels 1a and 1b as shown on
Exhibit "D" to CITY and/or the State of California for public use to
facilitate construction of a marina in the Bolsa Chica and Main
Channels adjacent to Parcel 1 .
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801 81499
5. The parties hereto agree that it is not the intent of this
Agreement to in any way reduce or limit the amount of parking
actually available to either party in connection with the use of
either Parcels 2 and 4, or Parcel 1 . The parties hereby agree to
cooperate to make the parking available for the convenience of both
parties and the Occupants of Parcels 1 , 2 and 4. Accordingly , if
either party in its absolute discretion determines that the Occu-
pants of Parcels 1 , 2 or 4 are being denied the amount of parking
otherwise available to them but for this Agreement, then the parties
shall promptly establish a reasonable system to regulate and control
the extent and manner of use of the parking areas mentioned herein .
Such system control may include but is not limited to signs, parking
attendants, parking validations or parking space designations . In
no event shall a fee be charged for the use of the guest parking
spaces required for the residential units under the approved site
plan hereinabove mentioned . In the event a control system is
established, occupants of Parcels 2 and 4 shall be entitled to the
use of a minimum of the total parking spaces on Parcel 3, Lot C and
Lot D, as shown on Exhibit "D" less 31 spaces.
6 . The parties hereto agree that, except for MOLA, CITY, and
the persons described in Section 8 below, no person , corporation or
other entity, including tenants of MOLA and its successors and
assigns shall have any right to sue on , or seek to enforce this
Agreement, whether by judicial proceeding or otherwise . The word
"tenants" as used in the preceding sentence includes , without
limitation, subtenants, franchisees, permittees, licensees, lessees,
concessionaires, and each of their successors and assigns. The
-4-
parties hereto do not intend to benefit any third person or persons
by this Agreement except those expressly stated in Section 6 below,
and hereby disclaim any such intentions.
7. The covenants contained in this Agreement and the benefits
and obligations thereof are intended to benefit and burden Parcels 1
and 2, and the interest of CITY in Parcels 3 and 4, and shall run
with the land and be binding on and inure to the successors and
assigns of CITY and MOLA.
8. This Agreement shall terminate in the event CITY fails to
acquire the State Permit for Parcel 3 mentioned above . Further , if
CITY acquires a State Permit for Parcel 3 and/or the lease to the
submerged lands in the Main Channel and fails to sublease the
submerged lands in the Main Channel to MOLA at CITY' S cost, then
this Agreement shall terminate . In the event MOLA improves the
parking lot located within Parcel 3 for any reason, then MOLA shall
be credited toward the park and recreational facilities fees to be
paid to CITY by MOLA in an amount not to exceed MOLA 'S actual
verified costs for parking construction on said Parcel 3.
g. Each party agrees to defend , indemnify and hold and save
the other harmless from any and all damages arising from its own
activities related to any exercise of the rights herein granted.
MOLA further agrees to provide evidence of insurance in amounts
required by CITY'S insurance Resolution , No . 4.n7 , in a form
approved by the City Attorney.
10 . If MOLA is deprived of physical possession of all or part
of Parcel 1 by any governmental body or agency pursuant to eminent
domain proceedings , then the reciprocal rights granted herein shall
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terminate if there is a total taking or be proportionally reduced if
there is a partial taking.
11 . Invalidation of any one of the covenants contained herein
by judgment of court shall in no way affect any of the other pro-
visions hereof and such other provisions shall remain in full force
and effect, unless such invalidation shall result in a failure or
consideration , in which case this Agreement and the reciprocal rights
granted 'herein shall immediately terminate .
12. CITY and MOLA shall have the right to mutually cancel or
modify this Agreement in writing only. The parties hereto shall
cause this Agreement, when executed, to be recorded in the Orange
County Recorder 's Office .
13. This instrument contains the entire agreement between the
parties relating to the reciprocal rights herein granted. Any
representations or modifications concerning this instrument shall be
of no force or effect whatsoever except those subsequent hereto in
accordance with Section 11 herein .
14. In the event of any controversy, claim or dispute between
the parties hereto arising out of or relating to this Agreement or
its breach, the prevailing party shall be entitled to recover reason-
able expenses and court costs, including without limitation , reason-
able attorney 's fees and those expenses incurred upon any appeals .
(remainder of page not used)
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
MOLA DEVELOPMENT CORPORATION CITY OF HUNTINGTON BEACH
a California corporation a municipal corporation
By
Mayor
By
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney<?q
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Wu
City A(iministrat9f Director of Public Works
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LEGAL DESCRIPTION
COMMERCIAL SITE
BK 1 3 1 2 1 PG 1 0 3 4
That portion of fractional Section 19, T5S R11W in the City of
Huntington Beach, County of Orange, State of California, as per map
recorded in Book 51, page 13, of Miscellaneous Maps, records in the
office of the County Recorder of said County described as follows:
Commencing at the most Southerly corner of Lot "A" in Tract
No. 8718 in said City as recorded in Book 390, pages 16 and 17
of said Miscellaneous Maps in said County; thence along the
Southwesterly prolongation of the Southeasterly line of said lot,
South 35044' 11" West 400.00 feet; thence North 540 15' 49" West
95.00 feet; thence South 350 44' 11" West; 1.00 feet to the True Point
of Beginning, thence North 540 15' 49" West 83.51 to a point in a
non-tangent curve, concave Westerly and having a radius of 152.00 feet;
a radial line of said curve to said point bears North 770 14' 28" East;
thence Northerly along said curve 72.14 feet through a central angle
of 270 11' 36"; thence North 290 00' 00" East 75.14 feet; thence
North 610 00' 00" West 244.76 feet; thence North 210 45' 50" East
398.72 feet to the beginning of a tangent curve concave Easterly and
having a radius of 154.00 feet; thence Northerly along said curve 74.75
feet through a central angle of 270 48' 43", thence tangent to said
curve North 490 34' 33" east 12.37 feet to the Southwesterly boundary
of said Tract No. 8718: thence along said boundary
North 180 0' 33" West 32.45 feet to the Southeasterly line of the land
deeded to the Orange County Flood Control District by Deed recorded in
Book 4364, Page 451 of Official Records of said County; thence along
said Southeasterly line and its Southwesterly prolongation
South 490 34' 33" West 217.75 feet to the boundary of the 2.95 acre
parcel o£ land vested in the State of California; .thence along said
Page 1 of 2
March 21 , 1979
W.O. #344-87/JR:jj
VL8-B3
EXHIBIT A
BK 1 3 1 2 1 PG 1 0 3 5
last described boundary, South 800 26' 18" East 81.93 feet and
South 380 52' 33" West 203.07 and South 660 30' 47" West 140.77 feet
and South 770 57' 42" West 125.04 feet to said Southwesterly prolongation,
thence along said prolongation, South 490 34' 33" West 250.33 feet
to the Northerly line of strip "A" as deeded to said state per book
6368, page 411 of said Official Records, thence along said Northerly
line South 610 00' 00" East 631.00 feet to the beginning of a tangent
curve, concave Northerly and having a radius of 110.00 feet, said curve
being tangent at its Easterly terminus in that certain line which bears
North 350 44' 11" East and which passes through the true point of
beginning, thence Easterly along said curve 159.85 feet through a
central angle of 830 15' 49" to said certain line; thence along said
certain line North 350 44' 11" East 79.89 feet to the true point of
beginning.
Containing an area of 5.152 acres.
Page 2 of 2
March 21 , 1979
W.O. #344-87/JR:jj
VL8-B4
EXHIBIT "A" Page 2 of 2
LEGAL DESCRIPTION
PARK AND BEACH
EXHIBIT "B"
BK 1 3 1 2 1 PG 1 0 3 7
Part "A"
That portion of fractional Section 19 T5SR11W in the City of
Huntington Beach, County of Orange, State of California as per map
filed in Book 51, pages 13 of Miscellaneous Maps, Records of said
County described as follows:
Beginning at the most Southerly corner of Lot "A" Tract No. 8718
in said City as filed in Book 390, pages 16 and 17 of said Miscellaneous
Maps, thence along the Southwesterly prolongation of the Southeasterly
line of said Lot "A", south 350 44' 11" West 400.00 feet to a point
hereinafter called point "A"; thence North 540 15' 49" West 95.00 feet;
thence South 350 44' 11" West 1.00 feet; thence North 540 15' 49" West 83.51
feet to a point in a non-tangent curve, concave Westerly and having a
radius of 152.00 feet; a radial line of said curve to said point bears
North 770 14' 28" East; thence Northerly along said curve 72.14 feet
through a central angle of 270 11' 36"; thence North 290 00' 00" East
75.14 feet; thence North 610 00' 00" West 244.76 feet; thence
North 210 45' 50" East 398.72 to the beginning of a tangent curve
concave Southeasterly and having a radius of 154.00 feet; thence
Northeasterly along said curve 74.75 feet through a central angle of
270 48' 43", thence tangent to said curve North 490 34' 33" East 12.37 feet
to its intersection with Southwesterly boundary of said Tract No.
8718; thence Southeasterly, Southerly and Easterly along said Southwesterly
line of said tract to the point of beginning.
Containing an area of 4.149 acres more or less.
Page 1 of 2
March 21, 1979
W.O. #344-87/JR:jj
VL8-B1
EXHIBIT B
Mola Develo menkor oration
8072 Adams Avenue, Huntington Beach,CA 92646
(714)969-1343
March 12, 1985
Mr. Paul E. Cook
Director of Public Works
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92628
Re: Portofino Cove, Tract 11716/Certificate Of Insurance/
Reciprocal Parking Agreement
Dear Mr. Cook:
Pursuant to your letter to Frank J. Mola of March 8, 1985,
enclosed please find Certificate of Insurance to the City
of Huntington Beach for a Reciprocal Parking Agreement on
the above-referenced project.
If you need any additional information, please do not
hesitate to call.
Very truly yours,
MOLA DEVELOPMENT CORPORATION
iE D
Der--. OF PUMLIC WORKS
L
6' onNK. Da on, Secretary Oto
PETER E. von ELTEN, General Counsel
I"IIJN77NG3TON BEACH" CALIF'•
ckd/
enclosure
TO: Daryl Smith, Superintendent
FROM: Connie Brockway, City Clerk CV
SUBJECT: Parkway Agreements/Insurance
DATE: June 17, 1992
We will be sending you copies of current contracts between the City and developers and/or
homeowners associations for parkway maintenance with their last insurance. Will you get
us copies of their current insurance and also let us know the person from your department
who will be handling this.
Attachments: (1) Development Corp. (Seabridge)
(2) Mola Development Corp. .(Countess Dr.)
(3) Mansion Hill Properties (Huntington St./Clay/Main)
(4) Seacliff Estates (Palm/Seaview)
cc: Lou Sandoval, Director
CB:kw
J
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
t
April 10, 1985
Mola Development Corp.
8072 Adams avenue
Huntington Beach, CA 92646
Re: Reciprocal Parking Agreement-Countess Drive
Enclosed is a duly executed copy of the Reciprocal Parking Agreement
between the City and your firm which was approved by the City Council
on January 21, 1985. We will send you a copy of the Recording informa-
tion when the original agreement has been returned from the County
Recorder.
Also enclosed is a copy of the Certificate of Insurance which you
submitted.
Please call the Director of Public Works for further information -
536-5437.
Alicia M. Wentworth
City Clerk
AMW:CB:js
xc: Paul Cook, Director of Public Works
Wayne Lee, Finance
(Telephone: 714-536-5227)
Rotur
Original u nNle:edCartificate too:y OF r
U *CERTIFICATE OF INSURANCE 4J Approved as to Form:
"City Huntington 3each r/h� TO Gail Hutton, City Attorney
Gt,y A Attorney _�
P.O.Box 190 OF HUNTINGTON BEACH, CALIFORNIA
Huntington Beech.CA 92648 By
Copy to Risk Manager after approval 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. It these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY-
Name of Insured MOLA DEVELOPMENT CORPORATION
Addressof Insured 8072 Adams Avenue, Huntington Beach, California 92646
Location of Work or Operations to be performed Tract #11716/Portofino Cove , Huntington Beach
Description of Work or Operations Rec i prnca 1 Pa rk i nq AcrrPPmPnf
POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY
rOLICIES IN FORCE POLICY NO. Effective Expiration In Thousands (000) (INS.)
GENERAL LIABILITY
I X COMPREHENSIVE FORM CCP206150 9/11/84 /11/85 $ 500 , CSL
HOME INSURANCE
I X PREMISES-OPERATIONS Each Occurance
I X EXPLOSION AND
y COLLAPSE HAZARD
1 L; UNDERGROUND HAZARD
I PRODUCTS COMPLETED
OPERATIONS HAZARD
IXI CONTRACTUAL
INSURANCE
IN BROAD FORM
PROPERTY DAMAGE
I XI INDEPENDENT
CONTRACTORS
IN PERSONAL INJURY
AUTOMOBILE LIABILITY
IXI COMPREHENSIVE FORM
IXI OWNED
IXI HIRED BA2993102 /11/84 9/11/85 s 500 , CSL HOME INSURANCE
Each Occurance
IXI NON-OWNED
EXCESS LIABILITY
IXI UMBRELLA FORM MN038593 1/4/84 9/11/85
10 , 000 MISSION NATIONAL
I I OTHER THAN $
UMBRELLA FORM
WORKERS"COMPENSATION
and PWC1184458 0/17/84 10/17/85 100 , HOME INSURANCE
EMPLOYERS" LIABILITY
Additional Insured Endorsement:
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,for the acts of the insured,and such insurance shall
be primary to any insurance of the City of Huntington Beach,as their interest may appear.
Date FEBRUARY 21 , 1985 AUTHOR IZ. D REPRESENTATIVE OF INSU ANCE COMPANY
INSURANCE COMPANY HOME MISSION NATIONAL BylalYdlz Brakke—Schafnitz
Name c/o Brakke—Schafnitz Associates Address 17911 Fi ch Avenue
17911 Fitch Avenue Address
Irvine , California 92714
Irvine , California 92 714 City
City (714 ) 8631800
_____7ATelephone
HOLD HARMLESS AGREEMENT
(to be executed by insured)
The insured agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by�W'
ployees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of allns or activity for which this certificate of insurance is furnished.
(t) Sole Proprietorship (2) Partnership (3) Corit r state) r /J
HOLD HARMLESS SIGNED: By Insured: / Title LXec_yi!I/� Gi e /rCSi lewJ/s�,
Peter/ '9 ten
Lbelow.a(;'h
name shall be printed or typed( By Insured: Title �L
signature.
If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation.
'Fe.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
June 12, 1985
Mola Development Corp.
8072 Adams Avenue
Huntington Beach, CA 92646
Re: Reciprocal Parking Agreement - Countess Drive
Enclosed is the first page, showing the recording information, between
the City and your firm which was approved by the City Council on
January 21, 1985. We previously sent you a copy of the entire
agreement for your records.
Alicia M. Wentworth
City Clerk
AMW:CB:js
Enclosure
cc: Paul Cook, Director of Public Works
Wayne Lee, Finance
Telephone:714-536-5227)