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HomeMy WebLinkAboutREX & LARRY GILMORE - 2005-07-18 The document you are searching for has not been imaged and cannot be viewed electronically. For information on how to locate this document for viewing, please contact or visit the City Clerk' s Office for assistance. 2000 Main Street 2nd Floor — City Hall Huntington Beach CA, 92648 (714) 536-5227 Council/Agency Meeting Held: 0 J Deferred/Continued to:�1"j� UA)&-XJ)4y ❑Approved ❑ Conditionally Approved ❑ Denied ity ler s Siq&ature Council Meeting Date: 7/18/2005 Departm D Number: ED 05-07 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUN MB SUBMITTED BY: ENELOPE CULBRETH-GRAFT, CIT M TRATOR PREPARED BY: ROBERT F. BEA EY, TING ECO OMIC DEVELOPMENT DIRECTOR /= SUBJECT: APPROVE LEASE AGREEMENT FOR MONROE PACIFIC WHOLESALE NURSERY Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should City Council approve a Lease Agreement between Rex and Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, a California partnership and the City? Funding Source: Not applicable. Recommended Action: Motion to: 1. Approve the Lease between the City of Huntington Beach and Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery and authorize the Mayor and the City Clerk to execute the lease. Alternative Action(s): 1. Do not approve the lease with Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, or 2. Approve the lease with Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery using different terms. REQUEST FOR ACTION MEETING DATE: 7/18/2005 DEPARTMENT ID NUMBER:ED 05-07 Analysis: The subject site is located off Adams Avenue at the Santa Ana River and has been under lease to Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, or their predecessors since September 1991. Upon expiration of the prior lease, the City and the Gilmores reached agreement as to renewal terms. The new lease consolidated the prior lease area and an added area for a combined area of approximately four acres. The new lease was prepared by the City Attorney, approved as to form and subsequently executed by Rex & Larry Gilmore in June 2005. Prior to having the new lease approved by the City Council, in 2003, issues arose over compliance with new water quality requirements and the providing of the necessary insurance per Risk Management policies. It was determined that City Council approval should be deferred until these issues were addressed. However, the tenant has been operating under the new lease terms since that time, including paying the new rent. The lease provides for a fixed term from October 1, 2002, to September 30, 2007, with two, five-year extension options. The rent is established at $1600 per month with an annual escalation. Environmental Status: Not Applicable Attachment(s): City Clerk's Page Number No. Description 1. Lease Agreement. G:\Mike\Monroe Pacific Wholesale Nursery RCA Lease Approval.doc -2- 6/30/2005 8:45 AM Lease Agreement LEASE BETWEEN THE CITY OF HUNTINGTON BEACH AND REX GILMORE AND LARRY GILMORE, dba MONROE PACIFIC WHOLESALE NURSERY THIS Lease (the "Lease") is made and entered f into effective 2005 by and between the CITY OF HUNT /GTON BEACH, a municipal corporation of the State of California ("City") and REX LMORE AND LARRY GILMORE, dba MONROE PACIFIC WHOLESALE NURSED', a California partnership ("Lessee"). fy J WHEREAS, City wishes to lease certain real p rcj'erty (the "Property"), consisting of r v approximately four (4) acres located at 10449 East Adams Avenue, as depicted in Exhibit A, attached hereto and incorporated herein by this refe,i'ence; Lessee desires to operate the Monro Pacific Wholesale Nursery ("Nursery) on the Property; lease the Property in the manner t forth below. NOW, THEREFORE,the parti covenant and agree as follows: SECTION 1. SUPERSED G OF PRIOR LEASE This Lease shall supers de and replace any existing lease agreement(s) for the Property currently entered into by between the parties and all supplemental agreement(s) entered into by and between the part' s regarding the existing lease agreement(s). SECTION 2 TIME OF ESSENCE Time sh be of the essence of this Lease and each and all of its terms, covenants or conditions in hich performance is a factor. NCB ACTION TAKEN 03agree/monroe lease 1 SECTION 3. CONDITION OF PROPERTY The taking of possession of the Property by Less/en its , constitute acknowledgement that the Property, and any facilities, structurnts or buildings presently located on the Property, (hereinafter collectively referracilities") are in good and tentantable condition. Upon taking possession of the P agrees to accept the Property and Facilities, "as is", and agrees that the City shalted to make any alterations, additions or betterments thereto. SECTION 4. RESERVATIONS ENCUMBRAN/ESND RIGHTS-OF-WAY (a) City expressly reserves all natural #sources in, on, or under the Property, including, without limitation, oi) coal, natural gas and other hydrocarbons, r minerals, aggregates, timber ar other geothermal resources, as well as the right to grant leases or other contactual arrangements in and over the Property for the f extraction of such naturdresources. However, such leasing or other arrangement shall be neither incqfisistent nor incompatible with the rights or privileges of Lessee under this ase. (b) City expressly/eserves a right to enter upon the Property with as much advance written, ver al or electronic notice as possible to Lessee for any reason associated with publjc health, safety or welfare, or for the protection of life, limb or property. In all ether cases unless otherwise specifically set forth herein, City reserves the riglif for such entry but City shall give Lessee at least twenty-four (24) hours advance written, verbal or electronic notice. City shall have a right of reasonable access to the Property across Lessee owned, controlled or occupied lands adjacent to the Property, if any, for any purpose associated with this Lease. N 0 A(Ao;hT 10 N 03agree/monroe lease/2/20/03 2 TAKEN (c) City expressly reserves the right to lease, convey, or encumber the Property, in whole or in part, for any purpose not inconsistent or incompatible with the rights i or privileges of Lessee under this Lease. In addition, Lessee agrees to subordinate the Lease to any existing or future City financing regarding the Property or any i portion thereof. Lessee also agrees to cooperate,dnd provide any documentation t necessary for City to obtain any such financing':* (d) This Lease is subject to pre-existing contracts, leases, licenses, easements, f encumbrances and claims affecting thip'Property and it is made without warranty by City of title, condition or fitness,of the land for the stated or intended use. SECTION 5. TERM The term of this Lease is five (5) yeX'rs, commencing on October 1, 2002, and shall end at 11:59 p.m. on September 30, 2007, u'less extended, or sooner terminated, as provided for herein. SECTION 6. RENT F Lessee agrees to pay to'City as rent ("Rent") for the use and occupancy of the Property ,II $1,600.00 per month payable in advance on or before the lst of each month during the Lease ,,rr� Term. Lessee shall pay refit to the City at the City Treasurer's office, P. O. Box 711, Huntington Beach, California 927vered 'or at such other place or places as City may from time to time designate by written notice de to Lessee in the manner set forth in the "Notices" Section of this Lease Agreement. / / 1 SECTION' 7. RENT ESCALATOR Rent shall be subject to an annual escalator beginning on October 1, 2003 such that each year of the Lease term and any authorized extensions in accordance with Section 11 authorized N u GJ 10 A` N 03agree/monroe lease/2/20/03 3 TAKEN by the "Term" Section above such that the Rent will be increased by the perceadge increase which occurred in the Consumer Price Index as published by the United Stater Department of Labor Statistics for all consumers for the Los Angeles, Anaheim, Riverside Metropolitan Statistical Area during the preceding twelve (12)month period, or 5 %whichever is greater. SECTION 8. ADDITIONS, ALTERATIONS AND REMOVAL (a) No modifications, alterations or additions to,;:the Property, including, without limitation, construction of Improvements'y or changes to structural design, landscape design, or interior or exterioy/furnishings, shall be constructed or made by Lessee without Lessee first obtaining the prior written approval of City, which will not be unreasonably withheld. f (b) Except as provided under` this Lease, no alteration or removal of existing Facilities on or natural,features of the Property shall be undertaken without Lessee first obtaining the prior written approval of City. t� r (c) Lessee's obligation to obtain City's prior written approval is separate and a, independent"f of Lessee's obligation to obtain any permits from City, such as, without mitation, a building permit. SECTION ?/ CITY'S CONTRACT ADMINISTRATOR 3" City's Director of Economic Development, or his or her designee, shall be City's r Contract Administrator for this Lease with the authority to act on behalf of City for the purposes of this Lease, and all City approvals and notices required to be given herein to City shall be so directed and addressed. NO § ,ff ILE ME VAKEN 03agree/monroe lease 4 SECTION 10. LATE CHARGE AND PENALTY If the Rent is not received by the City Treasurer by the I& of each month or which the Rent is being paid, or the next business day if the 101h day falls on a weekend holiday, Lessee shall pay the following late charge and penalty: (1) a late charge of ten p cent (10%) shall be applied to any outstanding balance after any payment hereunder is du ut unpaid; and (2) one and a half percent (1 '/2%) penalty per month shall be added for ea month the Rent is due but unpaid. With respect to any other payments required by Lessee a one and a half percent (1 '/2%) penalty per month shall be added for each month such pay nt hereunder is due but unpaid. SECTION 11. EXTENSION This Lease Agreement may be extended fo up to two separate successive terms of five (5) years each, with each five (5) year term mmencing on the expiration of the prior term. Written notice of Lessee's request to ext d each term must be provided to the Director of Economic Development of City for app val no fewer than six (6) months prior to the expiration of the then current Lease term, or tension thereof. The Director of Economic Development will decide whether Lessee's re est for each extension will be granted or denied, and will notify Lessee of his decision no 1 er than 45 days after receiving the request for extension. If the request for an extension i denied,this Lease will automatically terminate at the end of its current term. If the request f an extension is granted, this Lease will automatically be extended for an additional five year eriod. SECTION 12. TERMINATION This IAease Agreement may be terminated by either party without cause on ninety (90) days written notice delivered to the other party to this Lease Agreement in the manner set forth in the "Notices" Section of this Lease Agreement. NO' ACT106" N 03agree/monroe lease 5 TAKEN SECTION 13. REMOVAL OF FACILITIES UPON TERMINATION Except as otherwise set forth in Section 53 herein, upon termination of is Lease, Lessee will remove all Facilities on the Property and restore the Property to its nafural condition to the i f satisfaction of, and at no cost to, the City. SECTION 14. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS Agreement Lessee hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and voluxteers from and against any and all claims, damages, losses, expenses, judgments, deman4� and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any f" kind or nature) arising out of or in connection/with (1) the use or occupancy of the Property or r f Facilities by Lessee, its officers, employees/dr agents, or (2) the death or injury of any person or f the damage to property caused by a concjAion of the Property, (3) operation of the Nursery; or(4) the death or injury of any person orfthe damage to property caused by any act or omission of Lessee, its officers, employees o agents, or (5) any failure by Lessee to keep the Property in a F safe condition, or (6) Lessee'X�(or Lessee's agents and/or sublessees, if any) performance of this Lease or its failure to coT/Ply with any of its obligations contained in this Lease by Lessee, its officers, agents or epr ployees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Lessee shall hold all personal property or trade inventory on thlProperty at the sole risk of Lessee and save City harmless from any loss or damage ther¢'to by any cause whatsoever, except such loss or damage which was caused by the sole negligence or willful misconduct of City. City shall be reimbursed by Lessee for all costs and attorney's fees incurred by City in enforcing Lessee's obligations set forth in this Section. Lessee will conduct all defense at its sole cost and expense and City shall approve selection of NO ACTION 03agree/monroe lease/2/20/03 6 T AnKEN Lessee's counsel. This indemnity shall apply to all claims and liability regardless of ether any insurance policies are applicable. The policy limits do not act as limitation upohe amount of r' indemnification to be provided by Lessee. r SECTION 15. WORKERS' COMPENSATION AND EMPLOY F,k S' LIABILITY INSURANCE Lessee acknowledges awareness of Section 3700 et yseq. of the California Labor Code, which requires every employer to be insured against liabili tworkers' compensation. Lessee covenants that it shall comply with such provisions pri r to the commencement of this Lease. Lessee shall obtain and furnish to City workers' co ensation and employers' liability insurance in amounts not less than the State statutory limit . Lessee shall require all contractors to provide such workers' compensation and employer liability insurance for all of the sublessees' and contractors' employees. Lessee shall f ish to City a certificate of waiver of subrogation under the terms of the workers' compens tion and employers' liability insurance and Lessee shall similarly require all contractors to aive subrogation. SECTION 16. GENE L PUBLIC LIABILITY INSURANCE In addition to the rkers' compensation and employers' liability insurance and Lessee's covenant to defend, ho harmless and indemnify City, Lessee shall obtain and furnish to City, a policy of general p lic liability insurance, including motor vehicle coverage against any and all claims arising o t of or in connection with the Property or Facilities. This policy shall indemnify Lessee, its o icers, employees and agents, while acting within the scope of their duties, against any and l claims arising out of or in connection with the Property or Faculties, and shall providvcoverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual N 0"k M0,'0"T 1 0"'" N 03agree/monroe lease/2/20/03 7 TAKEN liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided user a form which includes a designated general aggregate limit, the aggregate limit must a no less than One Million Dollars ($1,000,000.00) for the Property. This policy shall ame City, its officers, elected or appointed officials, employees, agents, and volunteers as dditional Insureds, and shall specifically provide that any other insurance coverage which ay be applicable to the Lease shall be deemed excess coverage and that Lessee's insurance all be primary. Under no circumstances shall said above-mentioned j�surance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. SECTION 17. PROPERTY INSURANCE l Lessee shall provide before commenceme> of this Lease and shall obtain and furnish to City, at Lessee's sole cost and expense, pr 'erty and fire insurance with extended coverage endorsements thereon,by a company acc� table to City authorized to conduct insurance business in California, in an amount insuring or the full insurable value of all Improvements, personal property whether or not owned or eased by Lessee, and all trade inventory in or on the Property against damage or destructiio by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. Th policy shall also contain an endorsement naming City as an Additional Insured. The poli shall contain a special endorsement that such proceeds shall be used to repair, rebuild oyr� replace any such Improvements, personal property whether or not owned or leased by Le�see, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for personal property whether or not owned or leased by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The policy shall also contain a special endorsement that NO AC"T I N 03agree/monroe lease/2/20/03 8TAKEN f if the Property is so destroyed triggering the parties' ability to terminate as set forth,/herein, and either party elects to terminate the Lease, the entire amount of any insurance proceeds (excluding such proceeds for personal property whether or not owned or leased bFy !Lessee and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be r` paid to City. The proceeds of any such insurance payable to City/may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Property or for any such other purpose(s) as City sees fit. This policy shall also contain the following endorsements: (a) The insurer shall not cancel or reduce,the insured's coverage without (30) days prior written notice to City; (b) City shall not be responsible fr premiums or assessments on the policy. A complete and signed certificate`of insurance with all endorsements required by this Section shall be filed with City priovto the execution of this Lease. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverar has been renewed shall be filed with City. SECTION 18. INCAASE IN AMOUNT OF GENERAL PUBLIC LIABILITY i AD PROPERTY INSURANCE Not more freently than once every two (2) years, if, in the sole opinion of City, the amount and/or scope of general public liability insurance and/or property insurance coverage in l the "General Public Liability Insurance" and"Property Insurance" Sections hereof, at that time is not adequate, Lessee shall increase the insurance coverage as reasonably required by City. N1 0 A "67 10 N M a MM 0 TAKRAF E 111m 03agree/monroe lease/2/20/03 9 f r SECTION 19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED" ENDORSEMENTS x' Prior to commencement of this Lease, Lessee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease; these certificates shall: (a) provide the name and policy number of each carrier 4 id policy; (b) shall state that the policy is currently in force; an(Y f (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notie of City; however ten (10) days' prior written notice in the event of cancell t n for nonpayment of premium, which 10- day notice provision shall not appl to property insurance in"Property Insurance" Section hereof Lessee shall maintain the foregoing 'nsurance coverages in force during the entire term of the Lease or any renewals or extensionsliereof or during any holdover period. The requirement for carryingthe foregoing insurance coverages shall not derogate from Lessee's defense, hold harmless rid indemnification obligations as set forth in this Lease. City or its representatives shall at 11 times have the right to demand the original or a copy of any or all the policies of insurancX Lessee shall pay, in a prompt and timely manner, the premiums on f r all insurance hereinabove required. d' SECTION 20w:,'INSURANCE HAZARDS Lessee shall not commit or permit the commission of any acts on the Property nor use or permit the use of the Property in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Property or required by NO` 03agree/monroe lease/2/20/03 10 TAKEN this Lease. Lessee shall, at its sole cost and expense, comply with all requirements off any insurance carrier providing any insurance policy for the Property or required by ;fits Lease necessary for the continued maintenance of these policies at reasonable rates. / i SECTION 21. RELEASE j Lessee hereby releases and forever discharges City of and from any/and all claims, i demands, actions or causes of action whatsoever which Lessee may have, or may hereafter have, against the City specifically arising out of the matter of the entry of 'essee onto the Property or 1 the operation of the Facilities. This is a complete and final relea§e and shall be binding upon Lessee and the heirs, executors, administrators, successors andassigns of Lessee's use of the i Property and Facilities under this Lease Agreement. Lessee hereby expressly waives any rights under or benefit of any law of any jurisdiction whatso��er providing to the contrary. Neither the acceptance of this Release nor any payment made l reunder shall constitute any admission of any liability of City. r SECTION 22. WASTE gI Lessee shall not alter, damage or commit any kind of waste upon the Property of r Facilities or any improvement, equipn ent or personal property thereon and shall not interfere in any manner with the operations or tivities of City. Lessee shall not cause any workmen's or materialmen's liens to be placed upon the Property or Facilities and agrees to indemnify and hold City harmless against any sucOiens including but not limited to the payment of attorneys' fees. SECTION 23. MAINTENANCE OF PROPERTY Lessee agrees to care for and maintain the Property, at Lessee's sole cost and expense, during the entire term of this Lease Agreement or any extension thereof, in good and satisfactory condition as acceptable to the City. In the event Lessee does not maintain the Property in a N " A T I"'AN 0 AT sk a 03agree/monroe lease/2/20/03 1 1 J satisfactory manner, Lessee authorizes City to perform such maintenance on Lessev's behalf. All costs incurred performing said maintenance shall be assessed to and billed 4irectly to the Lessee. Lessee agrees to pay such costs within ten(10) days of billing. ` SECTION 24. CONTROL OF EQUIPMENT r Lessee shall keep any equipment used or brought onto the Property for the purposes of i operating the nursery or maintaining the Facilities under its abs9fute and complete control at all times and said equipment shall be used on the Property at the/sole risk of Lessee. SECTION 25. ADDITIONS,ALTERATIONS AND REMOVAL (a) No modifications, alterations or additions to the Property or Facilities, including, without limitation, landscape d0gn, construction of additional structures or changes to the structural des ,of the Facilities, shall be constructed or made by g Lessee without first obtaining the prior written approval of City, which may be withheld by City in its s le and complete discretion. (b) Except as provided . rider this Lease Agreement, no alteration or removal of the Facilities or nat al features of the Property shall be undertaken without Lessee first obtainingrhe prior written approval of City. (c) Lessee's obligation to obtain City's prior written approval is separate and indepennt of Lessee's obligation to obtain any permits from City, such as, without limitation, a building permit. r SECTION 6. TAXES This Lease may create a possessory interest in property, which is subject to taxation. In the event that such possessory interest is created, Lessee agrees to be subject to the payment of and to pay taxes levied on such interest, at its sole cost and expense. Lessee also agrees to pay, NO ACTION Elff 03agree/monroelease/2/20/03 12 TA KAF E N at its sole cost and expense, before they become delinquent all other lawful taxes, assessments or charges, which at any time may be levied by any governmental agency incl dihi g, without r' limitation,the State, County, City or any tax or assessment levying body upon ad/ interest in this Lease, or any possessory right which Lessee may have in or to the Property, by reason of Lessee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on personal property and trade inventory in, on, or about the Property; Upon request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment. Lessee shall comply with all laws, regulations and ordinances regarding the collection of taxes due a government agency. SECTION 27. PAYMENT OF OBLIGATIONS Lessee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities and obligations incurred by Lessee in connection with Lessee's occupation and use of the Property and/or operation of the Facilities. Upon request, Lessee shall promptly furnish to City satisfactory�6vidence establishing such payment. SECTION 28. UTILITIES AND SERVICES Excluding any attache public restrooms, if they exist, Lessee shall be responsible for the ;r payment of all utility charges, including, without limitation, gas, electricity, water, telephone service, cable TV service, and the furnishing of all necessary refuse and garbage containers and the removal and disposal of all rubbish, refuse and garbage resulting from the operation of the Property and/or the/Facilities. All such rubbish, refuse and garbage removed shall be disposed of in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened and located to the satisfaction of City. For the purposes of this Section, sewage disposal shall be construed as a utility. All such charges shall be paid by Lessee NO 03agree/monroe lease/2/20/03 13 TAKEN directly to the provider of the service and shall be paid as they become due and pay ble. Upon request, Lessee shall promptly furnish to City satisfactory evidence establishing s}a°ch payment. SECTION 29. BUSINESS LICENSE Lessee shall maintain a business license from City during the entire term of this Lease or any renewals or extensions thereof or during any holdover period. SECTION 30. SIGNS, ADVERTISING AND APPROVAL OF NAME City shall have the right to approve in its sole discretion and at any time require Lessee to change or remove signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed upon the Property. Should City approve of any sign, name, placard, decoration or advertising, Lessee shall maintain the same at all times during the entire term of this Lease or any renewals or extensions thereof or during any holdover period in good appearance and repair. All signs, names, placards, decorations or advertising must comply with all requirements of any governmental authorityrwith jurisdiction. SECTION 31. NO ASSIGNING, SUBLEASING OR ENCUMBERING (a) Prohibition of Assignment. The parties acknowledge that City is entering into the Lease in reliance upon the experience and abilities of Lessee and its principals. Consequently, Lessee shall not voluntarily assign, encumber or otherwise transfer its interest in the Lease or in the Property, or sublease all or any part of the Property, or allow any other person or entity (except Lessee's authorized representatives) to occupy or use all or any part of the Property without the prior written consent of the Director of Economic Development, which consent may be conditioned on renegotiation of the terms and conditions of this Agreement in the sole and absolute discretion of the City. However, that NO 03agee/monroe lease 14 TAKEN I City's consent shall not relieve Lessee from any and all of its `Iligations, liabilities, duties or responsibilities under this Lease. Any assignment, encumbrance, occupation or use, sublease or other transfer without such consent shall be voidable and, at City's sole discretion, shall constitute a Default of this Lease. (b) Consent to Transfer. City's consent to any assignmen— encumbrance, occupation or use, sublease or other transfer is subject to Lessee providing City with evidence satisfactory to City that the proposed, assignee, encumbrancer, occupier or user, sublessee or other transferee has suitable financial strength, experience and character for operation and control of the Property and the Facilities and that the use of the Property by the proposed assignee, encumbrancer, occupier or user, c sublessee or other transferee is'"consistent with that specified herein, and is A! commercially reasonable. An proposed assignee, encumbrancer, occupier or user, sublessee or other transferee shall agree to abide by the terms and conditions of the Lease includin&i without limitation, all the obligations, liabilities, duties and responsibilities of Lessee, and other conditions imposed upon it pursuant to law. An approvaf+by City to one assignment, encumbrance, occupation or use, sublease or other transfer shall not be deemed to be an approval to any other assignment/encumbrance, occupation or use, sublease or other transfer. (c) Voluntgi assignment defined. Except as otherwise expressly provided herein, any dissolution, merger, consolidation or reorganization of Lessee, or the sale or other transfer resulting in a transfer of a controlling percentage of the capital stock of Lessee (other than a transfer by will, devise, bequest, intestate succession, a N 0 A LAO 4;�h T I LO)" N 03agree/monroe lease/2/20/03 15 transfer to or between the family members of Lessee, or a transfer to or bet'bers, en one or more trusts for the benefit of Lessee and/or Lessee's family me where applicable) shall be deemed a voluntary assignment. r f, (d) Exceptions. Notwithstanding the foregoing paragraphs or anything to the contrary contained herein, City's consent shall not be required, or an assignment or subleasing to an Affiliate, Subsidiary or Successor of Lessee (for purposes hereof, an "Affiliate," a "Subsidiary" and a "Successor," of Lessee are defined as follows: (a) an "Affiliate" is any corporation which directly or indirectly controls or is controlled or is under common control with Lessee (for this purpose, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such corporation, whether through the ownership of voting securities or by contract or otherwise), (b) a"Subsidiary" shall mean any corporation or partnership not less than twenty- five percent (25%) of whose outstanding stock shall, at the time, be owned directly or indirectly by Lessee and which is at least as creditworthy as Lessee, and (c) a "Successor" shall mean a corporation or partnership in which or with which Lessee is merged or consolidated, in accordance with applicable statutory provisions ,,for merger or consolidation of corporations, or a corporation or partnership acquiring a substantial portion of the property and assets of Lessee. SECTION 32. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Lease shall inure to the benefit of and be binding upon the parties and their successors, including, without limitation, their assignees, encumbrancers, occupiers or users, sublessees or other transferees. The provisions of this NOi U ELM 03agree/monroe lease/2/20/03 16 TAKEN Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, subleases or other transfers hereinbefore set forth, or (2) City's consent thereto. If more than one lessee is a party to this Lease, the obligations of the lessees shall be joint and several. Even if City's consent is not required, Lessee/shall immediately provide City with written notice of any, assignment, encumbrance, occupation or use, sublease or other transfer. SECTION 33. DEFAULT The occurrence of any one or more of the following events shall constitute a material default and breach ("Default") of this Lease by Lessee: (a) Lessee's failure to make any payment,,of the Rent or other payment required to be made by Lessee at the time required:for payment under this Lease. (b) Lessee's failure to obtain or Taintain the insurances and/or the security deposit as required under this Lease. ' (c) Lessee's vacating or abandonment of the Property during the entire term of this Lease or any renq.Wals or extensions thereof or during any holdover period. Closure of the Vacilities for more than a combined total of one hundred eighty (180) days in a calendar year, minus any days of closure of the Facilities caused by City, shall be deemed an abandonment of the Property. (d) LesseeA violation of the "Indemnification, Defense and Hold Harmless Agreement", "No Assigning, Subleasing or Encumbering", "Hazardous Substances", "Nondiscrimination", "Sale of Alcoholic Beverages and ,Entertainment Prohibited", "Conflict of Interest" or Compliance with Laws" Sections of this Lease Agreement. N 0 A C67 I 0'"IN TAKEN 03agree/monroe lease/2/20/03 17 (e) The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of Lessee's assets located at or on the Property or of Lessee's interest in this Lease, or the making by Lessee of a general arrangement or assignment for the benefit of creditors, or Lessee's filing a petition in bankruptcy, whether voluntary or involuntary, or the attachment, execution or the judicial seizure of substantially 41'1 of Lessee's assets located at or on the Property or of Lessee's interest in the Lease. (f) Lessee's failure to observe or perform any other term, covenant, obligation, duty, responsibility or condition of this Lease to be observed or performed by Lessee when such failure shall continue for a period of thirty (30) days after City's giving written notice to Lessee, or such earlier period if specifically set forth in this Lease; however, if the nature of such failure is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee notifies City of the length of the additional time required to cure and receives Cty's written approval of the additional time required, which approval will!not be unreasonably withheld, and commences such cure within such thirty(30) day period and diligently proceeds with such cure to completion during such additional time period approved by City. SECTION 3,4. REMEDIES (a) Cumulative Nature of Remedies. In the event of any Default by Lessee, City shall have the remedies described in this Section in addition to all other rights and remedies provided by law or equity, to which City may resort cumulatively or in the alternative: 0"TION, NO AC TALl 03agree/monroe lease/2/20/03 18 RKOEim (1) Reentry without Termination. City may at City's sole discretion reenter the Property, and, without terminating the Lease, at any time and from time to time relet the Property or any part or parts of them for the account and in the name of Lessee or otherwise. Any reletting may be for the remainder of the term or for a longer or shorter period. City may in City's sole discretion eject all persons or eject some and`not others or eject none. In addition, City may in its sole discretion''remove some or all of the personal property and trade inventory from the Property. City may store such removed personal property and,trade inventory in a public warehouse or other location at the sole cost, expense and risk of Lessee, and for the account of and in the name of Lessee. City shall apply all rents from reletting as follows: first, to the payment of reasonable expenses (including brokers' commissions) paid or incurred by or on behalf of City in recovering possession, placing the Property in good condition, and preparing or altering the Property for reletting; second, to the reasonable expense of securing new subtenants; third, to the fulfillment of Lessee's covenants to the end of the term. City may execute any leases or subleases made under this provision either in City's name or in Lessee's name and City shall be entitled to all rents from the use, operation or occupancy of the Property. Lessee shall nevertheless pay to City on the dates specified in this Lease the equivalent of all sums required of Lessee under this Lease, plus City's expenses, less the proceeds of any reletting or attornment. N A 0'" A C"T I ON 03agree/monroe lease/2/20/03 19 TAKEN (2) Termination. In the event of a Default by Lessee, City may at City's sole discretion terminate this Lease by giving Lessee written//notice of termination. In the event City terminates this Lease, City` ay recover possession of the Property (which Lessee shall immediately surrender and r vacate upon demand) and remove all persons therefrom, and Lessee shall comply with,without limitation, Sections 53 and --d below. City also shall �f be entitled to recover as damages all of the fol�wing: (A) The worth at the time of the award of any unpaid Rent or other charges which have been earneat the time of termination; p (B) The worth at the time of tote award of the amount by which the fr unpaid Rent and other c arges which would have been earned after termination until th time of the award exceeds the amount of the 3 loss of such rent and other charges that Lessee proves could have been reason y avoided; (C) The wo at the time of the award of the amount by which the unpaid Rent and other charges for the balance of the term after the t#e�of the award exceeds the amount of the loss of such rental and /other charges that Lessee proves could have been reasonably avoided; (D) Any other amount necessary to compensate City for the detriment proximately caused by Lessee's failure to perform its obligations, liabilities, duties or responsibilities under this Lease; and N 0 A LO";6 T 1 0" N 03agree/monroe lease/2/20/03 20 TAKN `EN j(E) At City's sole discretion, such other amounts in addition to or in lieu of the foregoing as may be permitted from t' e to time by applicable California law. i As used in "Remedies" Section hereof, subsections (a)(2)(,�) and (B), the "worth at the time of the award" shall be computed by allowing interest at the rate of twelve percent (12%) per annum. As used in "Remedies" ;e5ection hereof, subsection 37(a)(2)(C), the "worth at the time of the award" shall be computed by discounting such r amount at the discount rate of the Federal Reserve ink of San Francisco at the time of the award, plus one percent (1%). The amounf recoverable by City pursuant to the "Remedies" Section, subsection (a)(2)(D) abp've shall include, without limitation, any pFe 1 costs or expenses incurred by City in maiptaining or preserving the Property after such Default. r 3 (3) Use of Personal Pron zrt City may at City's sole discretion use the, personal property 'd/or trade inventory located on, about or appurtenant F to the Property without compensation and without liability for use or damage, or s re them in a public warehouse or other location at the sole cost, expe e and risk of Lessee, and for the account of and in the name of Lessee.f f (b) Election of Remedy. The election of one remedy for any one item shall not foreclose ar election of any other remedy for another item or for the same item at i a later time. (c) City's Right to Cure Lessee's Default. Upon continuance of any Default, City may in its sole discretion, but is not obligated to, cure such Default at Lessee's N 0 AGO"'T I "' N 03agree/monroe lease/2/20/03 21 TAKEN sole cost and expense. If City at any time, by reason of such Default by Lessee, pays any sum or does any act, the sum paid by City plus the reasonable cost of performing such act, together with a penalty thereon at the penalty rate set forth in the "Late Charge and Penalty" Section hereof from the date the costs were incurred or the act performed by City to the date they are reimbursed to City by Lessee, shall be due as additional rent not later than five (5) days after service of a written demand therefor on Lessee, including reasonably detailed documentation of the amount owed. No such payment or act shall constitute a waiver of Default or of any remedy for Default or render City liable for any loss or damage resulting from any such act. (d) Waiver of Rights. Lessee hereby waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 or 1179, or under any other present or future law, in the event Lessee is evicted or City takes possession of theTroperty by reason of any Default by Lessee hereunder. (e) Other Rights of City. No act of City, including, without limitation, City's entry on the Property,,efforts to relet the Property, or maintenance of the Property, shall be construedas an election to terminate this Lease unless a written notice of such intention is given to Lessee by City or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding if City elects to continue the Lease in full force and effect after a Default by Lessee and to relet the Property, City may at any time after such reletting elect to terminate this Lease for any such Default. N 0 ALC`T I O" KNI 19 TAKEN 03agree/monroe lease/2/20/03 22 SECTION 35. CUMULATIVE REMEDIES The remedies given to City in this Lease shall not be exclusive but shall be cumulative r and in addition to all remedies now or hereafter allowed by law or elsewhere proyfded in this Lease. City shall have the right to exercise any other right or remedy which Cixy may have at x law or in equity including, without limitation, City's rights under the unlawful detainer laws. r SECTION 36. WAIVER OF DEFAULT ` The waiver by City of any Default by Lessee of any of the proxiisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent Default by Lessee either of the f same or another provision of this Lease. f. ;r SECTION 37. CITY'S DEFAULTS/LESSEE'S REMEDY In the event City fails to perform any material/'obligation of City under the Lease within ninety (90) days after receiving written notice fro9d Lessee specifying the nature of such default, or, if the nature of City's obligation is such�tt more than ninety (90) days are required for its performance, if City fails to commence su performance within such ninety (90) day period and thereafter diligently prosecute the sale to completion, then City shall be in default of this obligation. If City's default mat rially interferes with Lessee's use of the Property for its intended purpose, Lessee shall ave the option to terminate the Lease by giving City at least sixty (60) days' written no 'ce of its intent to terminate. In such a situation, Lessee must still comply with all of its,/obligations, liabilities, duties and responsibilities under the Lease, r including, without lir�t�tation, paying any Rent due up to the time of termination and surrendering the Property pursuant to Sections 53 and 54 below. This remedy of termination is Lessee's sole and exclusive remedy for a default by City. NO TAKEN 03agree/monroe lease/2/20/03 23 SECTION 38. HAZARDOUS SUBSTANCES Lessee represents and warrants that its use of the Property or operation or maintenance of f the Facilities shall not generate any Hazardous Substance (as defined below in this Section), and that Lessee shall not store or dispose on the Property nor transport to or over/the Property any Hazardous Substance during the entire term of this Lease Agreement or any extensions thereof. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Lessee of r ordinary products as customarily used in Lessee's ordinary course of operation of the Nursery, or cleaning products as customarily used in Lessee's ordinaffi` course of maintenance of the r Facilities, provided that Lessee complies with all applicable provisions of federal and state laws and rules and regulations thereto pertaining to the use, storage and disposal of such Hazardous Substances or cleaning products. Lessee further` agrees to clean up and remediate any such Hazardous Substance on the Property, and' agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with any Hazardous Substance and any damage, loss, or,expense or liability resulting from any Hazardous Substance including, without limitation, all,attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of City. City shall be reimbursed by Lessee for all costs and attorney's fees incurred by City in enforcing Lessee's obligations set forth in this Section. Lessee will conduct all defense at its sole cost and expense and City shall approve selection of Lessee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as NO IL 0 03agree/monroe lease/2/20/03 24 TAKEN limitation upon the amount of indemnification to be provided by Lessee. "Hazardous;subst ce" shall be interpreted broadly to mean any substance or material defined or desigged as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic pr radioactive substance, or other similar term, by any Federal, State or local environmental/law, regulation or rule presently in effect or promulgated in the future, as such law, reg>dtion or rule may be amended from time to time; and it shall be interpreted to include without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. SECTION 39. NATIONAL POLLUANT DISCHARGE ELIMINATION SYSTEM ("NPDES")REQUIREMENT- r In accordance with, NPDES as promulgated by the EPA, requirements, a Water Quality r' Management Plan ("WQMP") for the Property shall be prepared by a civil or environmental engineer licensed by the State of Calornia. Best Management Practices (`BMPs") shall be r identified and incorporated into therdesign. The purpose of WQMP shall be to eliminate water pollution runoff from the Probe.y. On request, the WQMP shall be submitted to the City's Director of Public Works f,9,f'review and approval. The WQMP and BMPs shall be completely installed and implement)d, to the satisfaction of the City, within sixty (60) days of approval by r the Public Works Department. SECTION 40. MAINTENANCE OF DRAINAGE DITCH Lessee ,.agrees to clean, keep clear, and maintain the drainage ditch running roughly parallel to and west of the eastern property line of the Property at Lessee's own expense, and in the event Lessee shall fail to perform the acts set forth in this section, City may at its option, do such as at the expense of Lessee,which expense Lessee agrees to pay City upon demand. NO` ACJ10N 03agree/monroe lease 25Ilk E l SECTION 41. FENCES City shall have the right, at its option, to fence the Property, or any portion thereof, in which event it shall provide one or more suitable gates to afford Lessee access to the egress from the Property. Should Lessee desire to install any fence on the Property, Lessee shall obtain the prior written approval of City thereto,. Lessee's obligation to obtain City's prig written approval r' is separate and independent of Lessee's obligation to obtain any peros from City, such as, without limitation, a building permit. Notwithstanding the above; Lessee shall not install, operate, maintain, cause or permit to be installed, operated or maintained any electrically charged fence on the Property. ' SECTION 42. CONSENT When City's consent/approval is required eider this Lease, its consent/approval for one transaction or event shall not be deemed to beta consent/approval to any subsequent occurrence of the same or any other transaction or eveylt. SECTION 43. HOLDOVER Should Lessee hold over id continue in possession of the Property after expiration or termination of this Lease, wi or without the express prior written consent of City, Lessee's continued occupancy of the"Property shall constitute a month-to-month tenancy, subject to all the terms and conditions of this Lease, at a monthly rent of one hundred ten percent (110%) of the previous calendar year's annual Rent divided by twelve (12) (or the average monthly Rent for all months Lessee owned/operated the Facilities if Lessee has owned/operated the Facilities for less than one (1) year) or that month's actual Rent, whichever is greater, and shall not constitute a renewal or extension of the Lease term. N UJ` A"O'k T 10 N TAKEN 03agree/monroe lease/2/20/03 26 SECTION 44. WAIVER OF CLAIMS Lessee hereby waives any claim against City, its officers, elected or appoin d officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Lease, or any part thereof, or caused by any judgment or award in any suit or proceeding declaring this Lease null, void or voidable, or delaying the Lease or any part thereof from being carried out. SECTION 45. INSPECTION OF PROPERTY Upon at least twenty-four(24) hours advance written,verbal or electronic notice given by City to Lessee, Lessee shall permit City or City's agents, representatives or employees to enter the Property at all reasonable times for the purpose of inspecting, investigating and surveying the Property to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may,,be necessary to protect City's interest in the Property or to perform City's duties under this Luse. City also shall have the right in its sole discretion to do any and all work of any nature necessary for the preservation, maintenance and operation of f property owned, controlled or occupied by City. Lessee shall be given reasonable notice when such work becomes necessar , and Lessee shall adjust the operation of the Facilities in such a manner that City may pro z'eed expeditiously. SECTION 46./PHOTOGRAPHY Lessee acknowledges and agrees that City may grant permits to third parties engaged in the production of kill and motion pictures and related activities to take photographs r or videos of oar on the Property when such permission shall not interfere with the primary business of Lessee, all without providing Lessee with notice or requiring consent by Lessee. NO 11 Its 03agree/monroe lease/2/20/03 27 TAKEN SECTION 47. NONDISCRIMINATION Lessee and its employees shall not discriminate because of race, religion, colo/ancestry, sex, age, national origin or physical handicap against any person by refusing tfurnish such person any accommodation, facility, rental, service or privilege offered to or e'oyed by the r general public. Nor shall Lessee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly orferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Lease, Lessee shall not discriminate against any employee or applicant for employment, because of race, religion,,color, ancestry, sex, age, national origin or physical handicap. Lessee shall take affirmativpiaction to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, without limitation, the following: employmnt, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or tg�mination; rates of pay or other forms of compensation; and selection for training, including without limitation, apprenticeship. Lessee shall post in conspicuous places, availabl ''to all employees and applicants for employment, notices setting s forth the provisions of this iBection. Lessee shall permit access to its records of employment, employment advertisements, t application forms, ao other pertinent data and records by City, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose of investigation to ascertain compliance with this Section. N 00" A(Ck T 10 N TA Kaff E N 03agree/monroe lease/2/20/03 28 1 City may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Lessee was a part , or upon receipt of a written notice from the State Fair Employment Practices Commi sion or other government agency with jurisdiction over these matters that it has investigat and determined that Lessee has violated the Fair Employment Practices Act or other applic le discrimination law and has issued an order which has become final, or obtained an i unction. In the event of violation of this Section, City shall have the right to terminate this ease, and any loss of revenue sustained by City by reason thereof shall be borne and paid f r by Lessee, at its sole cost and expense. SECTION 48. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT PROHIBITED Notwithstanding anything to the contrar ,, the sale or provision of alcoholic beverages and/or live entertainment in, on, or from th Property is expressly forbidden, unless expressly permitted in writing by City in advanc . For any proposed sale or provision of alcoholic beverages, Lessee must first obtain itten City approval prior to submitting any request for approval to the Alcohol Beverage ommission. SECTION 49. LIENS Lessee shall keep th Property free and clear from any and all liens, including, without limitation, mechanics' o materialmens' liens, claims and demands for work performed, materials furnished, o perations conducted on or about the Property or by reason of any use or occupancy by Lesse$, or any person claiming under Lessee. When applicable, Lessee shall cause a notice of npnresponsibility to be posted and recorded pursuant to California Civil Code f f Section 3094. 1 NO Au"T10" N 03agree/monroe lease/2/20/03 29 TAKEN SECTION 50. DESTRUCTION Should the Property be partially destroyed, this Lease shall continue in full force and effect, and Lessee, at Lessee's sole cost and expense, shall complete the work of rewiring and restoring the Property to their prior condition providing such work can be accomplished under all i applicable governmental laws and regulations within one hundred eighty (1801 days. Should the Property be so far destroyed that in City's reasonable judgment they Oannot be repaired or r' restored to their former condition within one hundred eighty (180) days, City shall give Lessee i notice of such determination in writing and each party may, in that party's sole discretion: (a) Continue this Lease in full force and effect in which case Lessee shall repair and r J restore, at Lessee's sole cost and expense, e Property to their former condition; or (b) Terminate this Lease by giving the ?&r party thirty (30) days' written notice of such termination within sixty(60 days after the date that City gives Lessee notice that the Property cannot be r aired or restored to their former condition within s I one hundred eighty (180) ays. In the event that either party elects to terminate this Lease, the entire ount of any insurance proceeds (excluding such proceeds for personal prope y whether or not owned or leased by Lessee and trade inventory, but o ly to the extent that the insurance proceeds specifically cover those items) s Lll be paid to City. The proceeds of any such insurance payable to City may Oe used, in the sole discretion of City, for rebuilding or repair as necessary'. ecessary to restore the Property or for any other such purpose(s) as City sees fit. In addition, if Lessee elects to terminate the Lease, Lessee must still comply with all of its obligations, liabilities, duties and responsibilities under the Lease, N 0 A C"T I N 03agree/monroe lease/2/20/03 30 TAKrEN including, without limitation, paying any Rent due up to the time of termination and surrendering the Property,pursuant to Sections 53 and 54 below. In the event of the damage or destruction of the Facilities, and/or posonal property located on the Property not giving rise to a termination of this Lease, Lessee,shall, at its sole cost and expense, replace and repair the same as soon as reasonably possibl// to permit the prompt continuation of Lessee's business at the Property. j F I SECTION 51. NO ABATEMENT OF RENT DURING IMPAIR WORK l The Rent shall not be abated for the time Lessee is prevented from using the whole or a r JFr portion of the Property. In addition, Lessee shall not be excused from the payment of taxes, insurance or any other obligations for the time Lesseexs prevented from using the whole or a portion of the Property. f SECTION 52. EMINENT DOMAIN f, If, during the term of this Lease or any renewals or extensions thereof or during any holdover period, City's real property (whether held by City in fee simple, an easement interest or otherwise) and/or the Property is t n in eminent domain,the entire award (that is, all forms) of compensation, other than as prov,`ded herein, shall belong to and be paid to City. In the event of condemnation, Lessee shall b�'entitled to an award of only the following forms of compensation, if any, from the condemnir9 authority: compensation for loss of business goodwill; compensation for the va�e of any of Lessee's personal property; compensation for the value of any of Lessee's trade inventory; and compensation for relocation benefits as authorized by law. All other forms of compensation, such as, for example, but not by way of limitation, any bonus value of Lessee's interest in this Lease, shall belong to and be paid to City. In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations N C")" A(0;"T I LON N sk N EL H 03agree/monroe lease/2/20/03 31 TAKEN condemnation, unless Lessee is allowed by the condemning authority to continue its operations on the Property,the Lease shall terminate on the earliest of the following dates: the ate the condemning authority obtains a prejudgment order for possession; the date title to'the Property vests in the condemning authority; or the date when Lessee is required by the e'ondemning authority to cease its operations. i SECTION 53. IRRIGATION PIPELINES AND APPURTENANCES Lessee agrees that any and all irrigation pipelines and appurtenances, as well as all well / I pumping equipment, located on the Property at the commencement of Lessee's occupancy f thereof are the property of City, and shall remain upon aid be surrendered with the premises upon the termination of this Lease or any renewal or ex/t/ension thereof. In consideration of the r privilege of using the same, Lessee agrees to maintaioperate,repair and replace if necessary, at Lessee's sole cost and expense, any and all ofd irrigation pipelines and appurtenances and well pumping equipment, during the conti ance of this Lease. Any and all well pumping equipment placed on the Property by Les Zee, the installation of which is made with the consent of City and for which a rent adjus ent is made, and any and all irrigation pipelines and appurtenances and well pumping uipment installed by Lessee to replace equipment located on the Property at the time Lesseg/entered into possession thereof, shall thereupon be and become the property of City and all remain upon and be surrendered with the Property upon the termination of this Lease or any renewal or extension thereof. Lessee agrees to promptly deliver to City a good and suicient bill of sale for any and all such irrigation pipelines, appurtenances and well pumping equipment installed on the Property at the time the same is installed. Lessee further agrees that/no such replacement pipelines or well pumping equipment shall be purchased on other than a cash basis. N 0" A(3`T I 0*6' N 03agr ee/monroe lease/2/20/03 32 TAKEN SECTION 54. RESTORATION AND SURRENDER OF PROPERTY/TITLE TO IMPROVEMENTS On expiration or termination of this Lease, Lessee shall, without compensation to Lessee, promptly surrender and deliver the Property to City in as good condition as such were at the commencement date of this Lease, reasonable wear and tear excepted. Lessee shall, at the option of the City, remove the Facilities and restore the Property to its'natural condition to the satisfaction of, and at no cost to the City. In the alternative, and again and at the option of the City, Lessee shall and without compensation to Lessee, surrender all Facilities to City in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Lessee shall remove all personal property and trade inventory. City may in its sole discretion accept all or any portion of the Facilities and no sum whatsoever shall be paid to Lessee or any other person; or City may require Lessee to remove all or any portion of the :T Facilities, at Lessee's own risk and cost and$'kpense; or City may itself remove or have removed r all or any portion of the Facilities, at Leslie's own risk and cost and expense. If required by City to do so, in removing any such Faciles, Lessee shall restore the Property as nearly as possible to the conditions existing prior t their installation or construction. All such removal and restoration shall be to the satis ction of City and shall be completed within thirty (30) days of t the expiration or terminatio00f this Lease; provided, however, that Lessee shall be considered a I holdover tenant (pursuan�o the "Holdover" Section hereof) after expiration or termination of the Lease until the time lessee completes this removal and restoration work, including, without r limitation, the rem oval of any personal property and trade inventory left on the Property. In addition, any personal property or trade inventory left on the Property after the expiration of this 30-day period, t'egardless of cause, shall be deemed abandoned by Lessee. In City's sole NO ACTIC' N an lam 03agree/monroe lease/2/20/03 33 TAKEN discretion, it may choose to do one or more of the following: (1) take any or all of such personal f property and trade inventory as City property; (2) store any or all of such personal proper and trade inventory in a public warehouse or other location at the sole cost, expense risk of Lessee, and for the account and in the name of Lessee; or (3) dispose of any p`r all of such �r personal property and trade inventory without any liability to Lessee. In/didition, Lessee's s indemnification, hold harmless and defense obligations set forth in this Le se shall apply to such f personal property and/or trade inventory, and to City's actions with respect thereto. SECTION 55. FORCE MAJEURE - UNAVOIDABLE DELAYS Should the performance of any act required by this Lease to be performed by either City or Lessee be prevented or delayed by reason of an act of`God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental/laws or regulations, or any other cause except financial inability not the fault of the parry required to perform the act, the time for performance of the act shall be extended for,/a period equivalent to the period of delay and performance of the act during the period elf delay shall be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the Rent or other consideration by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the,tfinancial condition of the party, City or Lessee, required to perform the act. t� SECTION 56. CIT' 'S OPTION TO CLOSE THE PROPERTY City may close`the Property without liability and without advance notice to Lessee therefor at any time as City in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. The length N A(3"T I N 03agree/monroe lease/2/20/03 34 TAKEN of time of any closing of the Property by City longer than two (2) weeks during a p iod when the Facilities would otherwise be open shall extend the term of the Lease by the e amount of time. If this occurs, Lessee and City shall memorialize this extension in writ' g. SECTION 57. DELIVERIES OF SUPPLIES City may establish the days and times deliveries of suppli s may be made and advise Lessee in writing thereof. SECTION 58. EMPLOYEE PARKING ' City shall establish the days, times and locations where Lessee and Lessee's employees may park, and the number of automobiles, trucks; and other motorized and non-motorized vehicles that Lessee and Lessee's employees may park, and advise Lessee in writing thereof. SECTION 59. CONFLICT OF INTEREST Lessee warrants and covenants that no official or employee of City, nor any business entity in which an official or employe of City is interested, (1) has been employed or retained by Lessee to solicit or aid in the procuring of this Lease; or (2) shall be employed by Lessee in the performance of this Lease X�iithout the immediate written divulgence of such fact to City. In the event City determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of City, Lessee, upon request,of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to terminate this Lease without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of City shall have any financial interest in this Lease in violation of the applicable provisions of the California Government Code. NN is 03agree/monroe lease/2/20/03 35 TAKEN SECTION 60. NOTICE Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in e following manner, and shall be sufficiently given and deemed received when (a) personally elivered; or (b) three (3) business days after being sent via United States certified mail—return/ceipt requested; or (c) one (1) business day after being sent by reputable overnight couri r, in each case to the addresses specified below; provided that City and Lessee, by notice giv hereunder, may designate f� different addresses to which subsequent notices, certificates or othey'communications will be sent: r' City: LesXee: City of Huntington Beach Rex Gilmore and Larry Gilmore ATTN: Director of Economic Development Monroe Pacific Wholesale Nursery 2000 Main Street, P.O. Box 190 10449 East Adams Avenue Huntington Beach, CA 92648 /Huntington Beach, CA 92646 SECTION 61. COMPLIANCE WITHt1WS Lessee, at its sole cost and expense,,Ahall comply with all statutes, ordinances,regulations and requirements of all governmental)/entities, including, without limitation, Federal, State, county or municipal, relating to Lessee's use and occupancy of the Property and/or operation of the Nursery whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. This Lease is expressly subject to the laws, regulations and policies of City. Lessee shall deliver to .City a copy of any notice from any governmental entity received by Lessee regarding and alleged violation of law regarding the Lease, Property or the Nursery or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions Y binding or affecting the Property. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that 91 1A U NU -,CT10% N 03agree/monroe lease 36 Lessee has violated any such statute, ordinance, regulation or requirement shall be.conclusive as between City and Lessee and shall be grounds for termination of this Lease by City. SECTION 62. INTERPRETATION OF THIS LEASE The language of all parts of this Lease shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Lease is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or;:affect the remaining covenants and provisions of this Lease. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Lease, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates y or requires. Nothing contained herein shalL'be construed so as to require the commission of any act contrary to law, and wherever there,:-is any conflict between any provision contained herein and any present or future statute, law,` ordinance or regulation contrary to which the parties have no right to contract, then the lattipf prevail, and the provision of this Lease which is hereby affected shall be curtailed ad limited only to the extent necessary to bring it within the requirements of the law. _ 3' t { SECTION 63. SURVIVAL Terms and caiditions of this Lease, which by their sense and context survive the expiration or termination of this Lease, shall so survive. SECTION64. MODIFICATION No waiver or modification of any language in this Lease shall be valid unless in writing and duly executed by both parties. N '&u` A(a;v&T 10 N TAKEN 03agree/monroe lease/2/20/03 37 SECTION 65. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Lease are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or,construe the intent of the parties or affect the construction or interpretation of any provision of this Lease. SECTION 66. BROKERS Each party warrants to and for the benefit of the other that it has had no dealings with any real estate broker or other agent (attorneys excepted) in connection with the negotiation or making of this Lease. SECTION 67. INDEPENDENT CONTRACTOR Lessee acknowledges and understands that at no time shall Lessee act in the performance of this Agreement as an employee of City. Lessee shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Lessee and its officers, agents and employees and all business licenses, if any, in connection with the Lease and/or operation of the Nursery. 3 SECTION 68. ATTORNEY'S FEES Except as expressly set herein, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Lease or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. N 0 A C"'T 100" N TAKEN 03agree/monroe lease/2/20/03 38 SECTION 69. LEGAL SERVICES SUBCONTRACTING PROHIBITED Lessee and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the,.-scope of services contemplated hereunder. Lessee understands that pursuant to Huntington' Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Lessee. SECTION 70. GOVERNING LAW j. This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 71. DUPLICATE ORIGINAL The original of this Lease and one or °ore copies hereto have been prepared and signed as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,/ Each duplicate original shall be deemed an original �r instrument as against any party who,"signed it. SECTION 72. ENTIRETJ' t r The parties acknowledge and agree that they are entering into this Lease freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Lease. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have f, been made by that party, or anyone acting on that party's behalf, which are not embodied in this Lease, and that that party has not executed this Lease in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Lease. The Lease, and the attached exhibits, contain the entire agreement between the parties respecting the subject N 0 N 03agree/monroe lease/2/20/03 39TAKEN 1 matter of this Lease, the Property, the leasing of the Property to Lessee, or the lease term reated under this Lease and supercede all prior understandings and agreements, whether oral or n writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Lease to be ecuted by and through their authorized officers the day, month and year first above written. REX GILMORE and LARRY GILMORE, CITY OF HUNTINGT BEACH, a dba MONROE PACIFIC WHOLESALE municipal corporatio of the State of NURSERY, a partnership California By,., Re it % Mayor,' ITS: partne l� 0 � ATTEST: By a Gilmo ITS: partner /r City Clerk Ph'ROVED AS TO FORM: REVIEWED AND APPROVED: �� �gCity Attorney 2�Zo��3 ity Administrator INITIATED AND APPROVED: 1 g Director of Economi Development r T 03agree/monroe lease/2/20/03 40 r5. ff f,. f, r, { 0 v 380 � 9 Z J T 3 433 A C. 4 � EA S � t � 3 ` 8 Q v .00 ao' . N6050 i 0 ,40,4 MS �� AVENUE 217.A& � � _ INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECEIVED 1. Requested by: Christi Mendoza, Risk Management APR 21 2005 2. Date: April 19, 2005 City A mmgtonn8 h 3. Name of contractor/permittee: Monroe Pacific Wholesale Nursery CC�. 4. Description of work to be performed: Commercial nursery on leased city lands 5. Value and length of contract: $1,000,000;year-round operation 6. Waiver/modification request: CA-admitted carver/ca-1 clause wording/$500 deductible 7. Reason for request and why it should be granted: Unable to comply with the city's insurance requirements 8. identify the risks to the City in approving this waiver/modification: None. ,�Lu y ( lot/o5" DepartMent Head Signature Date: APPROVALS Approvals must be obtained in the order fisted on this form_ Two approvals are required for a request to be granted. Approval from the City'Administrator's Office is only required if Risk Management and the City Attorneys Office disagree. 1. Risk Management / proved ❑ Denied /v `f y l Signature Date 2. City Attorneys Office y'21 proved ❑ Deni Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiverfmodification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk'Management Division of Administrative Services 03/24/2005 10:15 17148327208 APOLLO AGENCIES INC PAGE 02/04 ACt)RR CERTIFICATE OF LIABILITY INSURANCE M0�2 dATEIMIYODIYYYY) 03 2 05 "WOUCER THLS CERT*IrATE IS ISSUED AS A MATTER C NdFORMATION Apollo Comm'1 Lines #0394033 ONLY AND CONFERS NO RIGM UPON THE CERTIFICATE Apollo Agencies, Inc. HOLDER.THI8 CERnFICATE DOES WT AMEND,EXTEND OR P. O. Box 11610 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana CA 92711 Phone:714-932-2100 Fax:714-832-7208 $=REM AFFORDING COVERAGE NAICNO NNSURED ' - INSURER& w"t."00-14 1.0'wsmn aroma Monroe Pacific Wholesale INSURER8: surRexss�p Larry Gilmore NsuRO+c: Huntington Beach CA 92646 BLwsURERBIIRER L�; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NJ6URED NAMED MOVE FOR THE POLICY PERIOD INDICA MO,NOTWITHSTANDING ANY REOWREM ENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMCH THS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAW CLAIMS. RUIX LTR TYPE OF RIBURANCE POLICY NUMBER TE DATE LIMITS GENERAL UAWLITY EACH OCCURRENCE s 1000000 A x COMMEacIALCENERALtwwrf NP9892991 10/30/04 10/30/05 PREMISES FAOP enee) $50000 CIAMIa MADE ®OCCUR MED EW VW ens P+MM 41000 1-$500 Ded per PERSONAL&ADVINJURY 11000000 Claim GENERAL AGOPT&GATE 31000000 GENT.AGGREGATE L NT APPLIES PER PRODUCTS-COMPIOP AGG S I?1CLUDBD POLICY 29 LOC - AUTOMOBILE LIABILITY COMBINED SINGLE L MBT (Eswciftl) S ANY AUTO . ALL OWNED AUTOS �P�I�Y 1 SCHEDULED AUTOS HIRED AUTOS BODILY INJURY S ` NON-OWNIEO AUTO$ - IPa oeddw*) PROPERTY DAMAGE 1 (par wz1ftt) GARAGE LIABILITY AUTO ONLY-EA_ACCIDENT S_ _ ANY AUTO OTHER THIN EA ACC 1 AUTO ONLY: AGO $ EXCESSAIMBROLLA UABIUSY EACH OCCURRENCE S OCCUR IJ CLAM MADE AGGREGATE : 1 - 1 DEDUCTIBLE S RETENTION 1 S WORIMS COMPENSATION ANO TOAY LMITS E EMPLOMS'LABILITY E.L.EACHAGCX'ENT S ANF PRO I„TE"T�OM�� JE FE Mc BATH,City, ttOrney F.L.DIS -EA EWOYEE s S;rd PROMS&W. E,L.DISEASE-POLICY LIMIT s ~ OTHWA DESCRIPTION OF OPERAT-100 J LOCATIONS i LES I EXCLUSIONS ADDED BY ENDOR9EIAENT)BPEI IAL PR560—N9 *Except 10 days cancellation for non payment of premium. Certificate holder is named as an additional insured as respects the operations of the insured as per the form attached. CEsRTIRCATE HOLDER CANCELLATION HL MX()3 BNOIA.O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Ttupu OF,THE 1 umc B1$UREA mu mmAYOR u MAL *30 DAYS WIBTTEN City of Huntington Beach, Its M07 CE TO THE CMW:rATE HOUR NAMED TO THE LEFT.BUT FAVANK TO OD 90 SHALL Agents, Officers E Taployees WPwE NO OKWATNMLOR LPALM OF ANY OM UPON T{IE Wu RER.ITS AGENTS OR Attn: Risk Management RNTArn�. Hunt Main AUTNgR¢EDRE�RESENTATNE e� {e Hunting-ton Reach CA 92648 ACORO 2S(2001108) 0 ACORD CORPORATION 1988 03/24/2005 10:15 17148327209 APOLLO AGENCIES INC PAGE 03/04 This Endorsement Modifies Your Policy (EirnowAt man Un1W*AMtW Daft Shown Baio* ADDITIONAL INSURED ENDORSEMENT The insurance afforded by this policy for"bodly Injury,'"property damage"and/or"personal MAW stall also apply to the `additional irmired"lasted below tar claims, suits. and/or damages made against the "additional insured,"but only to the extent the-additional Insured-Is Laing held responsible for the acts, omissions and/or negligence of the*named Irwired." This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the"addkkxW insured(s)." The Inclusion of the"additional insured(s)"shag not operate to Increase the Company's Limit of Liability. To the extent. If any,that this policy affords coverage to an"addkkxW'insured,"the"additional insured"Is subject to aft of the terms of the policy. The obligation of the Company to provide c& age to an 'additional insured" Is further limited by the interim of the"additiond Insured"as defined below. Interest of the Additional Insured(s)Defined: LESSOR For the purpose of this endorsement,the*named insured"is the person(s)and/or party(ws)designated on the Declarations Paged the policy or on any endorsement The"additional insured"is the person(s)and/or party(ies)Identified below. Identity of Additional lnsured(s): t1TY OP WJ111 �r BErrrr TS'AfiEH FFfy 10ERS / 6_ FEAT RISK}l�Nu t MENT / 2000 MA111 St... NtRIT1H6TOM BEACH, CA 92648 iC*nVfte i v segion N oWoramm is aditd#her poky is hmied.) N- Y' 5- C4W . le-'-fre osi PoNry No. Endmemm No. Endh El wim Dwe Sgrtature hor.Repe�sentativa ProOueerNo. AGENT WW ISO(04/01) Apr 21 2005 9:02AM SJVIA 0 p 2 POLICYHOLDER COPY STATE P.O.SOX 420807, SAN FRANCISCO,CA 94142-0807 COMVQNSATION INXWFtANCO FUND CERTIFICATE OF WORKERW COMPENSATION INSURANCE I9SL18 DATE: 04-12-2005 GROUP: 000027 POLICY MUMBER: 131-200S CERTIFICATE ID: s CERTIFICATE EXPIRES: 04-01-2 006 04-01-2005/04-01-2006 CITY OF ffUMTINtnON BEACII ATTN: RIOX XUMORMSNT DEPT. 2000 MAIN STREET 8CWTINITON sBACII CA 92648 This is to certify that we have issued a valid Wodwr's Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This pooch is not sAied to cancellation by the Fund=apt upon 30 days advance written notice to the arrhplayer. We will also give you 30 days advance notice should this policy be cancelled prior to its nomhal eacpiration. Tlas certificate of insumance is not an insurance policy and does not amend,extend or after the coverage afforded by the policy listed herein.Notwfthstandng ary requirement,tern or caiv9don of any contract or offer document with respect to which this cefflicate of Insurance may be issued or to which it may pertain,the Insurance afforded by Ste policy described herein is subject to all the terms.exclusions,arid conditions,of such policy. AUrtOR2ED RE°RESENTI(TNa PRESOENT isupLOYlR'9 LIABILITY LIMIT INCLIIDING DEFENSE COSTS- $1,000,000 VMt OCCUARSHCE. ZWORS1iURNT #1700 - LURY GILMORE - EXCLVDSD. ENDORSZMNT #1700 - RZ2 GILMORE - EXCLaDED. ENDORORKENT #2065 BUTITLBD CERTIFICATE HOLDERS' NOTICE SFVZCTIVZ 04-01-2005 I9 ATTACHED TO AND FORMS A PART OF TAUS POLICY. EMPI OVER GILWItz, LARRY (PARTwim) AND a3mmoRB, R= (PARTNXR) 10449 ADANS AYE NOW IN(ftN BRACH CA $2646 [CES,CJ PRIPITEM SaF 10M AWOPtgft GW WW or*SYW"to fa�niw�MW*O mods'OFFiCW.STATE FUNO DOCUMENT' AGE 1 OD4-t?�2000 X 05/02/2005 14:51 17148327208 APOLLO AGENCIES INC PAGE 01/02 y APOLL O AGENCIES, INC. P.O. Box 11610, Santa Ana, CA 92711 714-832-2100 Fax 714-832-7208 Lic. #0394033 FAX R F W v E ® TO: Karen Fax No,: 714-374-1590 City of Huntington Beach Y o 2 2Q05 FROM: Kathy Zail #!Pages: 2 Account Managed Huntington Be kzail(M Rolloins,nefi "'f `naysOfflce� Extension 269 DATE May 2, 2005 SUBJECT Monroe Pacific Wholesale Nursery Commercial Package Policy#NPP892991 COMMENTS: Attached is Evidence of Commercial Property Insurance. Note; This message is intended for the use of the individual or entity to which It is addressed and may contain information that Is confidential and privileged and exempt from disclosure under applicable law. If the reader of this message is not the Intended reclplent, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender Immediately, Thank you. 05/02/2005 14:51 17148327208 APOLLO AGENCIES INC PAGE 02/02 ACORD,. EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DIP ID F DhTE(NMfDDrwwl 05 0a 2005 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED,IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY, PRODUCER NAME,CONTACT FrMUN�Na eats: 714-832-2100 COMPANY NAME AND ADDRESS NAIL NO, D PERSON AN ADDRESS - •- Arc,Mal: 714^832-7208 Aao Western World insurance Group Apollo Comm'l Lines wV-10411J.53 400 Parson's Pond tax, Apollo Agencies, Inc. Franklin Lakes NT 07417-2600 P. O. Sox 11610 Santa Ana CA 52711 - CODE: _MONRO-2 SUB CODE: MENry - IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH CUSTOMER ID N: NAMEDINSUREDANj?Onroe pacific Wh1S Nursery LOAN NUMBER POLICY NUMBER iRex & harry Gilmore _NPP892991 10449 Adams Ave EFFECTIVE DATE EXPIRATION DATE Huntington Beach CA 92646 CONTINATt0IFUED tt., 10/30/04 � 10/30/05 �LTERMINA7EDIFCHECKED N A55tT10NAL NAVE171NSURED(S) TH-15 REPLACES PRIOR EVIDENCE DATED: LLL PROPERTY INFORMATION(Use additional Sheets if more space is required) LOCATIONIDESCRIPTION xuwse r en a res o an -call 001 or s ongj Citssiio Run tYl(Itrban 1Q 10449 E. Adams tornia milson�Slsoe ea�esJO oua�osn Ca 5. COVERAGE INFORMATION CAUSE OF LOSS FORM BASIC I BROAD gL_j SPECIAL. OTHER COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE ! 5000 DED! 250 YES NO BUSINF,$g INCOME/RENTAL VALUE. If YES, LIMIT: Actual Loas Suntained P of monihs: BLANKET COvERAGE If YES,Indicate amount of Imurence on properties Idenllfled above: 5 i;..RRORISM COVERAGE Attach signed Oleclopare Notice I DEC IS COVERAGE PROVIDED FOR"CERTIFIED ACTS-'ONLY? If YES, SUB LIMIT: DED: IS COVERAGE A STAND ALONE POLICY? If YES, LIMIT; +OED! - OOF,SCOVERAGE INCLUDE DOMESTIC TERRORISM? - If YES, SUB LIMIT: OGD: COVERAGE FOR MOLD. if YES, LIMIT: DED. MOLD EXCLUSION(If'YES",specify organlzatlon'e form usnd) REPLACEMENT COST AGREED AMOUNT (,&INSURANCE r X 1fYES, 90 % FQUIPMENT BREAKDOWN(If Applicable) If YES. LIMIT: DED: LAW AND ORDINANCE Coverage for loan to undamaged porllon of finaliding If YES, LIMIT: DED: Demolition Coats it YES, LIMIT: DED: Incur.Coral of Construction If YES, LIMIT; DED: EARTHQUAKE(If Applicable) If YES, LIMIT: DED: FLOOD(If Appl,r,Rbin) If YES, LIMIT: bED: WIND I HAIL(it Sapnrnrn Policy) KYES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION PRIOR TO LOSS REMARKS-Including Special Conditions(Use additional sheets if more Spec*is required) roo o: nn.urxnow only. n6 M RATH,City Attorney CANCELLATION THr POLICY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD.SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 10 DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST,IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REgUIRED BY LAW, ADDITIONAL INTEREST NAME AND ADDRESS LENDER SERVICING AGENT NAME AND ADDRESS City of Huntington Beach, its agents, Officers, S employeeS 2000 Main St. Huntington Beach CA 92648 M&RTGAGEE AUTHORIZED REPRESENTATIVE F �w L033 PAYEE ACORD 28(2003110) tiff ACORD CORPORATION 2003 LATE COMMUNICATION July 18, 2005 Dear Mayor Jill Hardy and City Council Members Subject: Please Oppose Item E-4 from the Consent Calendar July 18, 2005 Monroe's Nursery is operating on the City owned river corridor property without a lease since 1997 according to records provided by the City Clerk. The City declined to execute the 2002 lease due to water quality concerns according to Staff's Report. Discharges still exceed state regulations today according to Orange County Coast Keepers reports. Flooding is frequent adjacent to the city owned property. Glen Mar was built in 1965 with a 10 year flood frequency as reported on the Final Subdivision Public Report file no. 26034. The report states "It is the opinion of this office that the property is at present subject to frequent sheet flow and inundation. The disposal of runoff waters arriving at and originating within the tract will be dependent upon pumping facilities under the jurisdiction of the City of Huntington Beach. Frequent is defined as one that occurs at intervals of once in 10 years when averaged over along period of time". This district area's flood management plan is not adequate by today's federal FEMA standards. The Orange County Flood Facility District Map shows the district area east of the Santa Ana River, west of Brookhurst St, south of Garfield, north of Adams, including the river corridor properties, drains towards the city property adjacent to the Santa Ana River north of Adams, into the storm drain facility at Carmenia, through a culvert under Adams Ave to the pump facility in Meredith Gardens. During heavy sustained rains the storm waters water back up and the Glen Mar residents experience flooding. The City owned property was the Talbert Water Reservoir when Glen Mar was built. The Army Corp of Engineers finds the property US Topo-mapped as the Talbert Water Reservoir. City records identify the property as the Old Talbert Water Reservoir and City Yard Dump. Glen Mar Residents report Public Works filled the reservoir as a City Yard Dump, the residents complained for many years and finally filed a class action lawsuit. The City then agreed to discontinue using the property as a dump but the fills were never removed and the nurseries moved in. Did the City receive a federal permit to landfill this river corridor for the City Dump or Monroe's Nursery? Residents flood through their backyards on Carmenia Street where the city owned river corridor property grade is high. They flood thru their front yards where the city's storm facilities fail to adequately service the stormwaters. On Oct 17, 2005 houses were flooded with bacteria laden muddy stormwaters, cars were lost, one person broke out in a blood red full body rash over a month from wading in polluted floodwaters chest high in an attempt to save his car. This is more than just a nuisance. Flood frequencies at this location do not meet federal mandates. Water quality discharges do not meet state mandates. The Army Corp of Engineers issued a Notice of Violation to Edison for landfilling the river corridor north of Atlanta for Hiro's Nursery. This is now a city problem. /i Please Oppose Consent Item E-4 and consider the following alternative actions: 1. Deny execution of any nursery lease to Monroe's Nursery due to continued water quality violations and flooding problems. This lease is not exempt from environmental review under CEQA and the city should conduct an initial study to determine whether Monroe's Nursery activities under the lease will have a significant impact on the environment, impacts of(but not limited to)discharging excessive quantities of water pollutants and sediments and flooding from where the grades are high as new evidence now indicates. OCCK has conducted water quality samplings of all the nurseries in HB and found them discharging excessive water pollutants, Monroe's Nursery included and residents experience flooding through their backyards as reported to the Environmental Board December 2, 2004. 2. Deny execution of the 2002 nursery lease with findings that the 2002 lease represents a substantial change in project in that it expands the project area by 40% from CUP 85-23's approved 2.75 acres to include an additional to 1.25 acres (The City Dump Area)for a total of 4 acres. The environmental impacts of expanding the Nursery Project by 40% onto the City Yard Dump area have not been environmentally assessed and therefore the City must provide for a public environmental review pursuant to CEQA_ prior to the execution of this lease agreement and/or permitting Monroe's nursery operation onto the City Yard Dump area. 3. Execute Code enforcement of CUP 85-23 and initiate orders to Monroe's Nursery to vacate their unauthorized occupation of the 1.25 City Dump Area. 4. Provide a specific watershed plan with environmental review to bring the city owned river corridor watershed and the adjacent residential flood management plan into compliance with state and federal mandates. 5. Provide approved grade elevations, specific BMP's, grassy swales, adequate wet weather treatments and on site water quality monitoring stations to monitor river corridor water quality to ensure clean water discharges from the city owned river corridor properties. 6. Evaluate the river corridor property for potential use as a natural water quality treatment facility/conservation greenway to treat river corridor runoff and consider installing a pump station at this river corridor drainage location for discharge into the Santa Ana River to improve 10 year flood frequencies and meet FEMA mandate requirements. 7. Consider partnering with the Orange Coast River Park to make this city owned river corridor property a SA River Parkway in Huntington Beach. Funding opportunities are available. Thank You! Merrilee Madrigal 10231 Cliff Drive Huntington Beach, CA. 92646 merrilee[fsare-hb.org 714 317-1279 HB River Park Foundation President Cc City Administrator Penelope Culbreth-Graft City Attorney Jennifer McGraff Rose Zoia Cory Briggs Consent Item E-4 July 18,2005.doc Hard Copy Attachments for Council Members available upon request from City Clerk CUP 85-23 for 2.83 acres(not 4 acres as E-4 lease is written) Monroe's 1991 lease(expired 1997) Staffs Report on the proposed 2002 lease denied in 2003 due to Water Quality Concerns OCCK Letter regarding River Corridor Nursery Violations Glen Mar's Final Subdivision Public Report on Flooding and Drainage OC Flood Facility District Map of Storm Drain Facilities Topozone Map of River Corridor Water Reservoir HB Sectional District Map 5-6-10 of River Corridor Water Reservoir CUP 85-23 Documents identifying the Talbert Water Reservoir CUP 85-23 Approved Plot Map identifying the City Dump Area 2004 Photographs of Flooding&Water Quality Environmental Board Meeting—Flood Review Notice December 2, 2004 2004 CRUMP Plan identifying Santa Ana River Planning District Opportunities HB General Plan's Santa Ana River Conservation Planning Elements COE NOV to Edison COE NOV to Hiro's Nursery Page 1 of 1 Jones, Dale From: Merrilee Madrigal [merrilee_madrigal@hotmail.com] Sent: Monday, July 18, 2005 9:15 AM To: Jones, Dale; pesparza@surfcity-hb.org Cc: Penelope Culbreth-Graft;Jennifer McGrath; Rose Zoia;Cory Briggs Subject: Late Communication Consent Item E-4 Dear City Clerk's Office and City Council Members, Please find the attached Late Communication in Opposition to today's City Council Consent Calendar Item E-4. There are numerous attachments for the Late Communication unavailable in electronic form, therefore I will attempt to provide them all in hard copy by 12:00 noon, if time permits,for inclusion with this electronically delivered late communication. Thank You! Merrilee Madrigal 7/18/2005 Page 1 of 1 Jones, Dale From: Merrilee Madrigal [merrilee_madrigal@hotmaii.com] Sent: Monday, July 18, 2005 10:59 AM To: Jones, Dale Subject: Late Communication E-4 Late Communication Item E-4 July 18, 2005 Monroe's Nursery Lease From: Teddi Hart Sent: Wednesday, December 01, 2004 6:10 PM To: 'merrilee.._madrigal@ hotma ii.com' Subject: HB Environmental Board Meeting - Flood Review - Monroe's Nursery I have lived at 19892 Carmania Lane, Glen Mar tract, since 1992. My house backs up to the Monroe Nursery Unlike my neighbors, fortunately I have drainage from my backyard out to the front. If I hadn't my house would have been flooded during the October rain. My next door neighbor wasn't as lucky.The water came in through the back of her house through the living room and into the dining room.All the floors on the first floor of her house were damaged. The water out front came within 8'of my front door.The cars parked on the street had water half way up the inside of the cars. This happened to 2 of our cars in the past 5 years. The waters force was so strong that it lifted a full lawn garbage bag of wet grass cutting up from the curb to within 6'of the front of house. The serious threat of flood into the house has happened 2 -3 times in the past 5 years. However, whenever we have a significant amount of rain the waters are usually above the curb. It seems that the drainage on our street cannot keep up with the flow.Also, the water off Adams (heading west)sweeps around the bend at Ranger and we get additional water flow from there. This happens whenever there is a significant amount of rain. As an aside regarding the Monroe Nursery. During the dry months when they water they leave a foot wide ditch of water sitting until the rains start. I have 2 issues with this, one the water seeps into my backyard and forms puddles(just to show how much water there is)and two it is a breeding ground for mosquitoes. Perhaps you can have them address this issue. Other then that, they're fairly good neighbors. Thank you for your attention, Teddi Hart 7/18/2005 Page 1 of 1 Jones, Dale From: Merrilee Madrigal [merrilee_madrigal@hotmail.com] Sent: Monday, July 18, 2005 11:13 AM To: Jones, Dale Cc: Merrilee Madrigal Subject: Late Communication Item E-4 Monroe's Nursery s 7//f a J l 7 a 7/18/2005 Page 1 of I Jones, Dale Please include this email with attached photographs as Late Communication with Attached Photographs for City Council Consent Calendar Item E-4 July 18, 2005. It communicates and shows images of the flooding adjacent to Monroe's Nursery. Thank you, Merrilee Madrigal. -----Original Message----- From:Teddi Hart To:me_rrilee madriaal(hotmai(_corn Sent: Monday, February 2-1 2-005 1:29 PM Subject: FW: HB Environmental Board Meeting- Flood Review-Monroe's Nursery Merrilee, These are pictures taken today. This flood happened within a 2 hour period approx 6:30 am — 8:30 am. I've sent you a before and after picture so you can see how bad it gets here. Teddi Hart Vanishing Clouds, Inc. Techonology Solutions,for Small Business 7/18/2005 �y< . \ \ � /f �\»© °«,_ � .a \ �~ / � } © ` E © . �� . : » . . . � =��f��»� ����+� . . y . �2�� : � : <«y.. � . ��. � �� . � . ^� � < ���/«y» . , ��\» . � — w° » »n � � � . ��«» < \: . : . , � � � ��y:����� �.. . . . � � . �m �\��������:�« . �411 �� �.- ., � � f. �� � _ ��� �- �7, a?a. � � �, �)4 j�� �� kf� g'.,. LATE COMMUNICATION July 18, 2005 Dear Mayor Jill Hardy and City Council Members Subject: Please Oppose Item E-4 from the Consent Calendar July 18, 2005 Monroe's Nursery is operating on the City owned river corridor property without a lease since 1997 according to records provided by the City Clerk. The City declined to execute the 2002 lease due to water quality concerns according to Staffs Report. Discharges still exceed state regulations today according to Orange County Coast Keepers reports. Flooding is frequent adjacent to the city owned property. Glen Mar was built in 1965 with a 10 year flood frequency as reported on the Final Subdivision Public Report file no. 26034. The report states "It is the opinion of this office that the property is at present subject to frequent sheet flow and inundation. The disposal of runoff waters arriving at and originating within the tract will be dependent upon pumping facilities under the jurisdiction of the City of Huntington Beach. Frequent is defined as one that occurs at intervals of once in 10 years when averaged over along period of time" This district area's flood management plan is not adequate by today's federal FEMA standards. The Orange County Flood Facility District Map shows the district area east of the Santa Ana River, west of Brookhurst St, south of Garfield, north of Adams, including the river corridor properties, drains towards the city property adjacent to the Santa Ana River north of Adams, into the storm drain facility at Carmenia, through a culvert under Adams Ave to the pump facility in Meredith Gardens. During heavy sustained rains the storm waters water back up and the Glen Mar residents experience flooding. The City owned property was the Talbert Water Reservoir when Glen Mar was built. The Army Corp of Engineers finds the property US Topo-mapped as the Talbert Water Reservoir. City records identify the property as the Old Talbert Water Reservoir and City Yard Dump. Glen Mar Residents report Public Works filled the reservoir as a City Yard Dump, the residents complained for many years and finally filed a class action lawsuit. The City then agreed to discontinue using the property as a dump but the fills were never removed and the nurseries moved in. Did the City receive a federal permit to landfill this river corridor for the City Dump or Monroe's Nursery? Residents flood through their backyards on Carmenia Street where the city owned river corridor property grade is high. They flood thru their front yards where the city's storm facilities fail to adequately service the stormwaters. On Oct 17, 2005 houses were flooded with bacteria laden muddy stormwaters, cars were lost, one person broke out in a blood red full body rash over a month from wading in polluted floodwaters chest high in an attempt to save his car. This is more than just a nuisance. Flood frequencies at this location do not meet federal mandates. Water quality discharges do not meet state mandates. The Army Corp of Engineers issued a Notice of Violation to Edison for landfilling the river corridor north of Atlanta for Hiro's Nursery. This is now a city problem. Please Oppose Consent Item E-4 and consider the following alternative actions: 1. Deny execution of any nursery lease to Monroe's Nursery due to continued water quality violations and flooding problems. This lease is not exempt from environmental review under CEQA and the city should conduct an initial study to determine whether Monroe's Nursery activities under the lease will have a significant impact on the environment, impacts of(but not limited to)discharging excessive quantities of water pollutants and sediments and flooding from where the grades are high as new evidence now indicates. OCCK has conducted water quality samplings of all the nurseries in HB and found them discharging excessive water pollutants, Monroe's Nursery included and residents experience flooding through their backyards as reported to the Environmental Board December 2, 2004. 2. Deny execution of the 2002 nursery lease with findings that the 2002 lease represents a substantial change in proiect in that it expands the project area by 40% from CUP 85-23's approved 2.75 acres to include an additional to 1.25 acres (The City Dump Area)for a total of 4 acres. The environmental impacts of expanding the Nursery Project by 40% onto the City Yard Dump area have not been environmentally assessed and therefore the City must provide for a public environmental review pursuant to CEQA prior to the execution of this lease agreement and/or permitting Monroe's nursery operation onto the City Yard Dump area. 3. Execute Code enforcement of CUP 85-23 and initiate orders to Monroe's Nursery to vacate their unauthorized occupation of the 1.25 City Dump Area. 4. Provide a speck watershed plan with environmental review to bring the city owned river corridor watershed and the adjacent residential flood management plan into compliance with state and federal mandates. 5. Provide approved grade elevations, specific BMP's, grassy swales, adequate wet weather treatments and on site water quality monitoring stations to monitor river corridor water quality to ensure clean water discharges from the city owned river corridor properties. 6. Evaluate the river corridor property for potential use as a natural water quality treatment facility/conservation greenway to treat river corridor runoff and consider installing a pump station at this river corridor drainage location for discharge into the Santa Ana River to improve 10 year flood frequencies and meet FEMA mandate requirements. 7. Consider partnering with the Orange Coast River Park to make this city owned river corridor property a SA River Parkway in Huntington Beach. Funding opportunities are available. Thank You! Merrilee Madrigal 10231 Cliff Drive Huntington Beach, CA. 92646 merrileeO-sarc-hb.org 714 317-1279 HB River Park Foundation President Cc City Administrator Penelope Culbreth-Graft LL JJ ' City Attorney Jennifer McGraff Rose Zoia Cory Briggs Consent Item E-4 July 18,2005.doc Attachments for Council Members and File Record ✓ E4-1 Environmentals for CUP 85-23, Neg Dec 85-24 for 2.75 acres Ct ;/E4-2 CUP 85-23 for 2.83 acres(not 4 acres as E-4 lease is written) k-ja �4-3 Monroe's 1991 lease(expired 1997) •-�Q 4-4 Staff Report for E-4 lease for 4 acres, denied in 2003 due to Water Quality Concerns 4-5 OCCK Letter regarding River Corridor Nursery Violations 4-6 Glen Mar's Final Subdivision Public Report on Flooding and Drainage E4-7 OC Flood Facility District Map of Storm Drain Facilities E4-8 HB Sectional District Map of Storm Drain Facilities f E4-9 Topozone Map of River Corridor Water Reservoir �E4-10 HB Sectional District Map 5-6-10 of River Corridor Water Reservoir VC4-11 CUP 85-23 Documents identifying the Talbert Water Reservoir >/E4-12 CUP 85-23 Approved Plot Map identifying the City Dump Area �It4-13 2004 Photographs of Flooding &Water Quality %/E4-14 Communications from Resident Teddi Hart t-3 Vt4-15 Environmental Board Meeting-Flood Review Notice December 2, 2004 �, E4-16 2004 CRUMP Plan identifying SA River Planning District Opportunities 0 E4-17 HB General Plan's Santa Ana River Conservation Planning Elements /4-18 COE NOV to Edison as it pertains to landfills within the SA River Corridor Z V- '-19 COE NOV to Hiro's Nursery as it pertains to landfills within the SA River Corridor 0 01 • CITY OF HUNTINGTON"Akem /. DEVELOPMENT SERVIc. ©EPARTM6NT P.O«a"190 Huntington BBuch,CA.92d4s iu♦ i.a,wM M�u N Tel: (714)53"271 ENVIRONMENTAL INFORMATION FORM �.0 19t1 Fee $115 Q4 nt�nB�oo Stich. FOR CITY USE--ONLY ST evF- AAA%-j I m t)ww00q ', Date nno3icentjAut or zed Agent Received! Projeot Nabri { Z 1S11n7 AN uZF. 1bW �`. t"t` �' Departne»t'b Origin: Mailing Addressy . Other EApglda11-io»s or Telen one Permit um> Ys nroperOj Owner ; tNfc►7bAC;Kt Mailing Address Telephone -1 t4 ;� ���� �`�r7� �` ��� � �•� � � x, 1.0 Pro3ect Information (please attach Plot Plan and stxbm�.t oiotogia—Fs osu3ect popertY i.i atu of µPro eat: G .ve plate descrip#a project* nti pz+ used m 3 = ROOF t At,.S- a��a1� �: L�R4u��S o'F :CArn�r�C�ct lac.. g ? � 1.2 "-ocatib» of Project: (Address::, nearest street intereeDf o»s} Y ut- 4 a 1.3 ssesssor's. Parcel Numbers 4a� v + 44, _ � „ t ' s 1 •' ,�" # R 4 1 . 4 ghat is the present zoning on the proper ' 1Z- I i . � what is the surrounding land use to the: t ' North W l�Gl 58,E rvc,lg5&��i T ; South 4uNT146ror.I_ 6PACVA bu-Mel Ji of -N_Aai `Mirnmir36 East S ANTF'a _.�NB Fa.ae�o a JnnXne�"` West 1 .6 ' If the project is commercial or industrial' give a complete description of activities and other pertinent information including but not limited to estimated employment per shift and any potential hazardous materials wh ch may be used, etc. e omM�a,c.a�. �u�NY �a rora O11%Sr&. kO _s063 ,Rs. ,sta l FT�o 'Tn t^2bTaL Ct oo-r-f}toSg& amou- .1 Do SH 1'pT ci Ola�1 sT�wlb ©©� � AVtRb�oE`per�"DilSfz PtcQ°,tire� P`aA-Z�C.:tEm p fri+DtC b� �1;�L i-wvl'-�a �3Nti' `t`'C�#.,d.. �,'l+�r-"��►�L.li�+t� U3 C►ut►.C?.�3� . 7 If''€hV ro ecW is Ores ea is � in ate number, t sand r size of units and associated facilities. MIA 1.8 �,If the project is inatitutionai; indieate .1:he major function, estimated employment per shift :and maximbiroccupancy. 1.9 :.Project land area (acres) 2..75 Number of parking 1.10 kuare feet of building area .. Number of floors 1. 11 Height of tallest structure involved in"the` project V41FTTC ' " MCT 2.0 nvzronmental Setting :x Z. 1afa:' ► and:;Fiood..,tontrol _ ., - '� � . 14c.180, describe -how on site drainage will be accommodated. �� QRs�il pCO !SOV"B iyc2AitJsuO { F All �s. %lai • � tip 2. . 2 Land Porm a) Is the site presently graded?,'-: b) Indicate the gross cubic yards of grading proposed -- , the acres of land to be" graded , t' He amount of x earth to be transported`on the s to +81 , and the amount of earth io be transported ofT 1-thg il'te a) what will be the maximum height and jxwwde of cut On fill after grading is completed? 2. 3 Soils A) Type of soils on the subject site? (Submit soils report if available) . 2.4 : Vegetation a) Attach a map indicating the location,4 ,`type and aiIfe of trees located on the`site -Indicate below the numbed; , type and size of trees :to be"`removed as" a result of the project. , q 4, 2. 5 Water Qualitya a) Does any portion of the.pro3ect `abut .`encroach on beaches, estuaries, bays, tidelendsr or inland ,rater areas? t:' b)' Desdribe how the;project=wiWiffect at3y body of water. " 2.6 Air r)ualty' a) if the project is industialr� "descr�be;Fand list `air . pollution sources and quantity-- and -,t- . ypes of pollutants emitted as a result of the pro ject 2.7 Noise .�) tx+s4rribr any adjacent .off-site noiso sources (i.c. , air- tu tA, indttst ry, freewayn) s Y : m �_ x � 4 tf,':211id1i +' h) :` Wbat> tit�tMi• wi t t he prodde'e'd b ' the *,r�+ Ct: pi��.lar rt�ive no�se:w levels in deciblea��irennent 'anti }*p Ica j time distribution when noise jillIz produced. 3 -API -SILL pw "7C� to2 fNL. te. t C .t -�-1C 5� ,gin ,tC s tg a F n "OT s 9 k 3.. w y. f a. -- c. How will noise produced by the pro *ct compare with existing noise levels? - � m • • Qpta�tto , ,- ©F 01u2(LifrJ7 fJ ofz 'W.V+t,.,S 2. 8 Traffic Approximately how much traffic will":be generated by the project: (check one) 0-50 vehicular trips per day 50 '- 250 vehicular-,trips. per day - a 250 - 500 vehicular trips-per-.day :` over 500 vehicular tripe per, day 3.0 Public Services and Facilities". a x 3. 1 water a) "Atitl the project require installation or replacement of new water lines? ii� ' gl �g b) -. Please estimate the daily volume in-gallons= required to serve the project. © F .IS 3.2 Sewer- , } a) Will.,the project require installation,or replacement of Stew sewer lines? WE .' k b) Please indicate to approximate amoit of sewage generated from the project. - '- A Y t Ski 3. 3 Solid Waste a) "If the project is industrial describe the type ands amount (pounds/day) of solid waste generated by the -Pr oject. - 4.0 Social = µ 4. 1 Po ultition Displacement .# k �$ a3 t, 12 ' tny residential occupants be displaced by the' roje.:t a-itivities? - "MI i !�l asrr-be brief, the �jipe of,; buildings or, lmprovem dc+mol i shed by the proiact. . r . "� .. S.0 Mitigating Measures 4 . = 5. 1 Xre there measures included in the 'pxojec�{ which>may conserve nonrenewable resources (e.q. electricity]-'gas, water) ? Please describe. � , its evrat e-t v5r 5. 2 Are there measures included in the project which would protect or enhance flora and fauna?. KoasQ describe. Y�-g t Ro A-•t-to is �r �1 .1.�► Y-i.Ct T_ 5.3 Are there measures proposed 'in the de x ignl,.of the project to reduce noise pollution? Please describe. muf A Ott*0 rem G15tc�i YZ 5. 4 Are there measurespropose` in the designsbf the, proeo (e.g.-Architectural treatment And' landscaping) 'which have been coordinated with design` of ,the existi.,rg ec►mnaurity 0 5 minimize visual ef*ect? Ple�tsedescrfbe. , .r . 5.5 Are the, measures proposedx #n the design ,pf the project to reduce water pollution? Plea Bedescribe. .' a 5.6 llre there measures propose w ch�wau d'kdduce air`.Pol a ion7 List any Air Pollution Control District eq f cant re4uirell, d. t 5.7 Are thea`'mensures or facil tiesjl clesi+gned. nto .the proect ;to ,A ,facilitate resource recovery Andfor energy conservation to q. so ar `heating, special insulation, etc,)? Please deescribe. W x Jlh s < t 6.8 Al ernativea 5.1 Ark thee, Alternati. prdject Uhic tray result ,in leaer sdverse environmental .efft? -pF , lease explain a�- pro�ecc aiterna"' on an attached sheet � '_ i tiarrh�► caftify �hat the informatior� herein is=krue and accura a a ' the beat of 'rny knowledge. ` 4 4,1 Signature r Dam Fib f ' { AR 7`hs r - 4 i �m ,a �-- � 'k € CITY OF HUNT?GI ON BEACH 1% _ _ A; S 1 UDY OF ENVIRONMENTAL IM A: I . BACKGROUND 1. Applicant Steve Hall b Toni Woodson Address I51bI Van Buren midway Cit};�`�A -9�G�� --��.__ t. telephone 891-gb98 air ,o fit l.ocat uii_Nq;7 of .Adams. bounded by Carmania & the Santa Ana River. '�. Pro c.t Tiilc/itc�script icon Y7holesale e3rowinq grounds of commercial f,. t)ato} June %` 95 -- --- - `plants. _ 7 _. 11 . ENVIRONMENTAL UMPAC.T'.': J xplanation5 of all "Ye,s" and ''Maybe" answers are requiri:cd on Attached sheet;. 1. Physical Lnvironment: will the project have a significant impact on the physical environment wiLF respect to: a) hydrology, b) air quality, c.) geology, d) flora and faun , e) noise, f) archaeological/historical. Yes Maybe :____ No . X Other 2. Im att of Environment on Project: Will the project be subject to impacts from the surrounding environment? i .e. , natural environment; manmade environment. Yes Maybe No X 3. Im aCacts on Public Services: Will the project have a s`igrrifican:t impact upon, or re- s-uTt in a need fora ;c:w cr altered government service in any of" the following areas: fire, police, schools, parks or other governmental agencies. Yes Maybe _ No x 4. Impats on Traffic/Circulation: Will project result "it-' substantial vehicular move- mentl or impact surrounding circulation system, or inflrease traffic hazard? Yes Maybe No _ x 5. Wil7 'the project result in a substantial alteration or have a negative affect on the xisting: land use, population/housing, energy/util*ities, natural resources, human heal th? Yes Maybe No XX n, tithe potential ,nvironiuental impacts riot discussed above (see attached sheet), 111. OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONTACTED ( See Attached ( XXX) Not Applicatle MAND 'TORY FINDINGS OF SIGNIFICANCE: I #iT l Tr o,ect degrade It",l. ;t of'. htr i�crr€meni esylie 2, WilVI roject achieve short-term goals to the disadvantage of long-term environmental goals_, Yes _ Maybe No x 3. Does he project have impacts which are individually Limited but cumulatively consiaer•able? Yes Maybe ! No X 4 Will,.= he pr4,e tv adversely ffect human beings either rtrectly or -in 4rectl-y' Yes +Maybe 3Ci # V. DETERMINATION INATIONa ( } ;Negative Declaration (XX ) ,Negative ieclaration With Mitigation ( Y Environmental Impact Report DATE g SIGNATURE , 4-1-� STANDARD MITIGATING 14FMURFS 1. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 4 _ 2. Nattural gas shall be stubbed in at the locations of '996king facilities, water heaters, and central heating units, 3. LOW volume heads shall be used on all showers. T 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus oz unusable material, shall bz disposed of at an offsite facility equipped to handle them. — 5. 1 e structures on the subject property, whether attached or detached, shall be castructed in campliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property,.; The interior noise levels of all dwelling units shall not exceed the Californ , insulation standards of 45 dba CNEL. Evidence of ocmpliance shall ccrosist of submittal of an acoustical analysis report, prepared under the supervision of a,.person es:perierced in the field of acoustical engineering, with the application for building permit(s) . All measures reccovended to mitigate noise to acceptable levels, shall be incorporated into the design of the project. _ 6. Ii lighting is included in the parking lot and/or recreation area energy efficient latps shall be used (e.g. high pressure sodium vapor, metal ha ide) . All outside lighting shall be directed to prevent "spillage" on adjacent properties. t 7. A t'ieetailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to?provide detailed recam endaticns regarding grad4ng, chemical and fill properties, fOtndations, retaining walls, streets, and utilities,, 8. Iitfoil-type insulation is to be used, a fire retardant type shall be installed approved by the Building Department. 9. An!engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth nywement for the subject property. All structures within this development srrall be constructed in compliance with the g- actors as indicated by the geologist's report. Caalculaticns for footings and structural members to withstand anticipated g-factors .shall be submitted to tl,e Y for review prior to the issue of building permits. Al lar► .for silt contrrol f€ir all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Rnal Water-Qual.itpControl Bcerd staff for their; review prior to the issuance adi permits. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management;`District staff for their review prior to the issuance of a Certificate ofcY fbr any use within the building. 13. MN REQUEST FOR PUBLIC RECORDS ate: Oct©be- gz Name of Requestor: 1 OnY Address: Phone Number: Description of Records Being Requested: --Monmr. -s nur. -r to4yo�_MOMS � t' i la in filA it - # Number of Copies Needed: �� Date by hich Re ds are Needed: Df (Please note, there is a cost per page associated with copying) f Referred to: Date: Department Received by: Date: Completed: Assigned to: Time Spent: Time Spent Assisting Requestor(SB 90 Reimbursement): Cost: Date Delivered: City Attomey's Office Approval: FAX Back to 714 374-1590 �4 X f, t APPLICATION FOR C'try of Huntington Beach CONDITIONAL n>;v�Lor �vT SERVICES DEPT.0 Hut'. tgton Beach Ca. 92648 USE PERMIT $ �t DEVELOPMENT SERVICES FILING FFF CLAP gS :2 3 SAY o P.O.Box 190 i ev%dtrt+4 �. L)oC�O��e,t �C S't�UiSL Nl4�.L Date filed= r�"i` Apptkant or Agtnt J '` s Existing Zone DM h s •�� I (e►1 A sj ' U 2Cd•I Conditional Uk i'erntit No. Masing Addttrt Prerious Cascsa M iOWAy C tT Ct 92te5�' a dty Zip Code �. tA Exemption flee !40. `7 I{.� % l 1-2 S g 3 Envfronmmtd linpsuet Report that Nur»bet H Cetegoriad Exgrt►ptiott(#m a- V fIQs� x i d Awhorhatioa "P. r� ;,�t3nx figa fl Nttltiaaj Address _ ❑ Ocher �tw 5/e't-aa DiFE'dCif �t{� �g2�g�. mhl sloxA nox Dana C9ty.; seats 2iprov Code O ConafirtaUyapprortd 44 13 Dealed . 13 V..1Yithttt�vmi .. m 1A, TO PERMtTt A Nome S.A� it�4s8�, Aw►m b�s�%r�t unto � ' PURsuAMT Oa �1"1�s. 4 2 9331` i " SGATtia1'XfF PROpERTYt • �,�_�� #i Strut A�dr!!!: Smoot street '"S 't� 3'Name of ileum wtaid highway or atrtet 4.iDistanim in nearest intersecting arterhal Itldtway or street 114AL DESCItIMONt � Assessors Pause! RIoek - Tract Seetioa Tawndtip Range �y a v "�nncser< tr ���C1C�S�.ri _.. ave read nnderxtamf a staanents inclndlti�tie 5 dte`Petitiati my of law. I do herein affirm t f am ,property owner oar t t antharhxd agedt of 44 - Signatmeof'P ;Owner orAathotisedA huntington beach development services department ffAtr -� EPORT Mm: �eveQopp ,e rm ery ccn p si es DATE; June 18,� 1985 SUBJECT: CONDITIONAL USE PERMIT NO. 85-23/N:EGATIVE DECLARATION NO. 85-24 APPLICANTS: Timothy Woodson and DATE ACCEPTED: Steve j1all May 3D, 1985 15161 Vaf Buren Midway C ty, CA 92655 MANDATORY PROCESSING DATE: July-. 29' 1985 REQUEST: To estab ish a wholesale nursery tkithin an RI zone. ZONEss R1 LOCAION: Abutting the west side of GENERAL PLAN: Low Density the Santa Ana River, 250 Residential feet north of Adams f; ty= tte prrpe, t EXISTING USE: Vacant ACRE `GE: 2.83 acres 1.0 SUGGESTED ACTION' Approve Conditional Ute Permit No. 85-23 based on the findings and conditions of approvat outlined in Section 6.0 of this report. 2.0 GENERAL INFORMATION: Conditional Use Permit No. 85-23 is a request `to' estaulish a wholesale nurse y pursuant to S c. 9331. 1 of the Huntington Beach Ordinance Cod on a. .83 acre vacant site owned by the City oflHuntington Beach. The subject property is a}proximately 250 feet north of Adams Avenue adjacent to the west side of the Santa Ana River and within an R1, Sing Family Residential district. 3.0 _ MOUNDING LAND ; SE, ZONING AND GENERAL VLAN DESIGNATIONS: Nort of Subject Propety: GENE R L PLAN DESIGNATI N: Low Density Residential ZONE..** , Rl LAND USE: Single family residential/Southern California Edison Right-of-Way A-f M-23A E4 • 3 s 51 ...� East of Subject Property: GENER L PLAN DESIGNATION: Low Density Residt-*tial ZONE: :�. R1 f LAND USE: Flood Control Channel (Santa Ana River ) t South of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1 LAND Is Vacant/City-operated temporary dump area . i West �Of Subject Property: � GENE R L PLAN DESIGNATION: Low Density Residential ZONE: R1 LAND USE: Single Family Res diences 4.0 NVIRONMENTAL STATUS: Pursuant to the California Environmental Quality Act, the Department of DeYelopment Service's posted draft Negative Declaration No. 85-24 for t n days, and no comments, either verbal or written were receied. The staff, An its initial study of the project, is recomfiending that a negative declaration with the measures be issued for Conditional,- Use Permit No. 85-23. P-rior to any action on Conditional Use PermitNo. 85-23, it` s ne�,essa(r for the Planning. Corimfsion to Ieview and act-on Negative Declaration No. 65-24.. 5.0 ISSUES AND ANALYSS: The a plicants are pro osing a wholesale nursery on a portion of a vacan site currently Owned by the City of Huntington Beach, abutting the S nta Ana River, within a single-family residential zone. The site : `s 4.33 gross arms and rectangular in shape, the northern 2, 83 acres will be occupied` by the applicants. (This proposal is an expan-ion of their preciously approved, not yett,operating, wholesale nursery (Conditional Use Permit No. 85-6 ) on the"vacant Southern Califrnia Edison R-O-W property to the north.`)'° A variety of plants and tees will be grow mainly for wholesale purchase by Pla:ats Etc. , a joboer facility in M dway City owned by the 4pplicants. No retail sales"are proposed on #ite. Singly family resident s to the west and northa;re buffered by a six foot igh block wall . The applicant intends to install a chain link fence ith a gate to d '~tide their wholesale nursery from the City-" perated temporar ' dump area to the south. .This area is for temporary dumping by street sweepers which is periodically removed. The r moaning portion tf the site will be secured_ by chain link €enci g. Vehic at access to the site is provided by a dirt road which traveff es the dump are - near the Santa Ana River connecting the site _Staff: eport - 6/18jf#5 -2- (2687d) i with the Adams Avenue frontage road. In additijon, access to the applicants northerly Southern California EdisonR-O-W site will be gained through this site. Othe site improvements include the use of grzNel for ground cover to reduce dust, installation of a 11,250 square foot shade house, 3,456 square foot greenhouse, and 200 square foot portable office. The shade house will be centrally located near the".`west side of the site and constructed with shade cloth spread over th:e steel posts connected by wires. The greenhouse will consist basically- of tubular steel framih g with clear poly coverings. The main issue is whether or not the proposed nursery will be compatible with adjacent residential uses. Excessive noise will not be generated by the proposed use since all on-site stock movement will be via electric carts, not tractors or other heavy machinery. A maximum of three employees will be on-site for maintenance purposes. Truck; loading and unloading will take place 200feet away from the residences along the east side of the site. Troffic along the Adams Avenue frontage road will increase slightly due to trucks gaining accest to the site from Adams Avenue. Staff recommends designated hours and days of operation, delivery and pick.- up be imposed in order to mi imize the impact on the adjacent residential areas. Dust will be controlled by the use of gravel ground cover. Insect contr l will be done by biodegradable systemic- insecticides mixed into the sail of each potted plant and tree. This eliminates the need for spraying. A permit from the Orange County Agricultural Commissioner is required for most systemic insecticides to assure proper storage, application and container disposal. Staf€believes the proposed wholesale nursery can be compatible with the adjacent residential uses because it is small scale and not for retail purposes. The imposed conditions limiting hours of operation and rewiring plant material setbacks from resid ntial properties will assure that the nursery` operation is conducted ina manner harmonious with the residences . In addition, the use will provide greater security and separation for the residences from the Santa Ana River area. 6.0 R$COMMENDATION: i Staff ,"- ecommends that the Planning commission approve Conditional Use Permit No. 85-23 and Negative Declaration No. 85-24 based on the follow ng findings and conditions: Findings for Approval : 1. The proposed nursery is compatible with existing uses in the vicinity because it is small scale and. for wholesale purposes only. x R staff Jeport - 6/18/85 -3- (2687d) E4 ae5 R y } 2. The conditions of approval will assure that the proposed nursery will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing y in the neighborhood, nor be detrimenttal to the value of the property and improvements in the neighborhood. , 3. The proposed nursery is consistent yith the goals and objectives of the General Plan. 4. Access to and parking for the proposed use will not create undue traffic problems because the dse is wholesale and not open to the public. Conditions of Approval : 1 . The conceptual site plan dated .Tune- 13, 1985, shall be the approved layout. 2. The greenhouse shall be setback at last 20 feet from the westerly block wall and shall not exceed 15 feet in height open on all sides. 3 . The site and access road shall be maintained with gravel ground cover or other suitable mater.'ial to control dirt and dust. ' a. An asphalt paved driveway transition from the driveway v apron to a distance and width ta "the satisfaction and specifications of the Public Wbriks Department. 4. All soil amendments or planting mix material shall be kept damp as to not blow onto adjacent properties. All such material shall not be stacked over a height of six (6 ) feet and shall not be stored within 20 feet' of the westerly or northerly property lines. 5. The taller and larger plant materials shall not be stored within twenty (20) feet of the residential properties to the vest. Lower growing trees and shrubsonly shall be permitted within 20 feet of these residential properties, shall be no higher than one (1 ) foot lower than the top of existing block wall. Chemical spraying of plant materials. is prohibited. Plant watering shall be done in such a manner to prevent water from flowing into the residential area. There shall be no activity, nor deliveries, including maintenance, between- the hours of 8:00 P.M. and 8:00 A.M. on weekdays, excluding holidays. On weekends or holidays, there shall be no activity whatsoever other. than general maintenance. Staf Report - 6/18/85 -4- (2687d) R - a. No retail activity or sales to the public shall take place on the property. a& All vehicles operating within the nursery shall not exceed speeds of ten` (10 ) miles per hour. 9t Outside phone alarms, intercoms, and loudspeakers are prohibited. 10f Any yard lighting proposed shall be directed away from adjacent residential properties. lit Any proposed signing shall conform to Article 976 of the f Huntington Beach Ordinance Code. 12 Proposed portable and permanent office .and storage buildings (including storage bins) shall be locaEed within fifty (50) feet from the east property line, and jubject to review and approval by the Director of Development Services. ri I3. All chemicals used or stored at the subject site shall be approved by the Orange County Agricultural Department, as required by law. 14 The aprlicDt shall � t ac; h pa t'o Deato � cN �1 _ ri ,end approval, prior' to any ';:ration or change of drainage.. l5i This Conditional Use Permit is ubjecti 'to annual review. Any violation of the conditions of this report or applicable zoning laws may be cause for revocation- of this Conditional Use Permit. 7.0 iLTERNATIVE ACTION: The Planning Commissio may choose to take the following alternative actin : Deny nditional Use Permit No. 85-23 based on the following findings: 14 The proposed nursery will have a detrimental effect upon the general health, welfare and safety of persons residing in the neighborhood and will be detrimental to, the value of the surrounding properties. 2.e The proposed nursery is not compatible with existing uses in the vicinity. 3.=` Access to the proposed nursery will generate additional traffic in the residential neighborhood. : Staff sport - 6/18/85 -5- " { (2687d) 1 ► -4��-+� Zs I-A yC,lp TiSi�tic y`: i 2 1S_aCi } 5 urnh t*t-v-P ck, b �r,uc c r Out-=- E4 I J � I f; 4 rs� 1 Q P20 Pos£6 t,iz€Fw HoW E E� . j St 200 _ l ���?r�¢+vP:•1�1f.�1�1� i�t.L.� �.xsS r.Ar— c N,4SN c.T.�v�t -Iry-- ffL7t'-3 V4 7 , _' F—L-0A I citi oject. Mike Adams of staff stated that a minimum age as a condikio ld provid$ that assurance. Chairmen Livengood asked staff what w happen if they rented to people.'under the age requirement. dams stated that they coul(l ,,have their .� conditional use pei. evoked. Commissioner E--skine s continuance in order t ide the Commis sion°. Ty to review public testimony an erns of the on, A MOTJON WAS MADE BY ERSKINE AND S PORTfR TO CONTINUE CONDITIONAL USE PERMITsNO. 85 AT ACT NO. 12268/CONDITIGNAL EXCEPTIO 5-27/COAST ELOPMENT PERMIT NO. 85-7/NEGATIVE DECLARAT 84-34 — "Palm Cotii, I THE JULY 2, 1985 PLANNING COMM MEETING BY THE FOLLOW ' V AYES: ; , Schumacher, Livengood, Erskinei Porter, M ngir NOES. ;- ne ABSE Winchell A None C-6 CONDITIONAL USE ERMIT NO. 85-23 Timothy Woodson Ind Steve Hall z Conditional Use PermitNo. 85-23 is a request tx"establish a wholesale nursery on al2.83 acre vacant site owhhod by the City of Huntington Beach . The subject property is app'rokimately 250 feet north ' f Adams Avenue djacent to the west sldeiaf the Santa Ana River and Within an R1) Single Family Residentijil district. THE PUBLIC HEARING WASIOPENED Mary gurietta, adjacent property owner, spoke in..,opposition to the City's; use of the land stating that the area slvduld be cleaned up before, it is used. Ron Felcri also spoke it opposition in regards to = the City dumping waste there and the truck traffic. John t +►en spoke in oppisition to the project stating that his back yard easily floods and Pe feels that the nursery will worsen the proble due to waterin every day. T Steve all and Timothy !Woodson, applicants, spoke in support of theprojee; , They stated that they would not be watering on a daily basis ind also the plants are in containers. They also stated that the track usage was limited, There Were no other persons to speak for or against the proposal and the pulic hearing was elosed. Chair n Livengood aske staff what had come before the Commission concerting this area. Mike Adams of staff statel_; that they had approved a similar project adjacent to this location and that this projec was an expansion of that previous approval. . 12796d �: -11- P.C. 6-18-85 jJ . ID #-r Commissioner Frskine asked staff what the addl`t`ional operation would be . 1, Mike Adams of stiff stated expansion would provide additional growing space. Commissioner Erskine asked what the major concern of the public was. Ron Ferri , public speaker, stated that the concern of the neighbors was the mess left there and the truck traffic. ` Commissioner Erskine stated that the applicall,t� would eliminate these problems. Ron Ferri stated that the City dumb trash there. He stated that he would Support the project if the city would clean up the area, The Commis&ion asked for staff 's reaetion. Mike Adams of staff stated that thi area is used for dumpi and he would have to check with Public Worts. ng Commissioner Porter reguested that a condition be made stating that prior to the i�'suance of permits the larndowner shall cleat up the debris. 0 A MOTION WAS MADE BYRSKINE AND SECOND BY PORTER TO APPROVE CONDITIONAL USE PERMIT' NO. 85-23 WITH CONDITIONS BY THE FOLLOWING VOTE: AYES; Rowe, Schu acher, Livengood, Erskine`, Porter, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None MOTIONED PASSED Findngs for Approval, z The proposedFnur3ery is compatible with- existing uses in the vicinity because it is small scale an lfor wholesale purpose: only. 2. The conditions of approval will assure that the proposed nursery will not have a detrimental effect upon the general health, welf re, safety and convenience of persons residing in the neighborhood, nor be detrimental to the value of the property and improvements in the neighborhood. 3 The proposed nursery is consistent with the goals and objectives o ; the General Plan. 4 Access to an - parking for the proposes .use will not create undue traffic. problems because the us ', s wholesale and not open to the phbl i c. Conditions of A roval- The conceptual site plan dated June l"3 1985, shall be the approved layofit. tr 24- The greenhous shall be setback at least 20 feet from the westerly block wall and shall not exceed 15 fect in height open on all sides. F (2796d -12- E-18-854 } ` x a ti 3. -,-, The site and ac ess road shall be maintained with gravel ground cover or ,"other suitable material tv" control dirt and dust . a . An asphalt Laved driveway transition- from the driveway apron to a distance and width to the satisfaction and specificat ons of the Public works-6,epartment. 4 . ' All soil amendments or planting mix material shall be kept damp as to not blow onto adjacent properties. All such material shalt of be stacked over a height of six (6) feet rand shall not b stored within 20 feet df the westerly or northerly prope =ty lines. f' } 5 The taller and farger plant materials shall not be stored within twenty ( 0 ) feet of the residential properties to the -fewest. Lower growing trees and shrubs only shall be permitted within 20 feet of these residential properties, shall be no higher than one (l) foot lower than the fop of existing block wall. 6 '. Chemical spraying of plant materials is prohibited. Plant watering shall be done in such a manner to- prevent water frorr flowing into th residential area. a , 7. rThere shall be no activity, nor deliveries, including maintenance, between the hours of 8:00 F..M. and 8: 00 A.M. on weekdays, excluding holidays. On weekeri`ds ;or holidays, there ishall be no acts ity whatsoever other th+a»'° general - (maintenance. . r..._ • - � . a. No retail a tivity or sales to the public shall take place on th property. 8. BAll vehicles ope sting within the nursery shall not exceed Ispeeds of ten (I ) miles per hour. 9. 'outside phone al 'rms, intercoms, and loudspeakers are prohibited. 10. Any yard lightin ' proposed shall be directed away from adjacent residential properties. =r 11 . �kny proposed sig ing shall conform to Ar, a.,,gle 976 of the untington Beach rdinance Code. 12. roposed portabl and permanent office and storage buildings *(including storage bins) shall be located..*ithin fifty (50) feet from the east property line, and subject to review and mproval by the D rector of Development sekrvices. #5` 'A' *. �`-.• 'r„'l L4: LRs*. r1 � t:• (As P47'. P. 13. Ill chemicals use or stored at the subject site shall be pproved by the Q tinge County Agricultural Department, as equired by law. (2796d) -13- P.C.`: 6-18-85 . to i 14. The applicant shall submit a gradingv-drainage plan to the Department o Public Works for revie and approval , prior to any grading peration or change of drainage. It. This Conditi nal Use Permit is subject -to annual review. An; violation of the conditions of this report; or applicable zoning laws be cause for revocatj;p of this Conditional Use Permit . : I6. Prior to iss ance of building permits", ;the land owner shall remove all dtublic bris from the site. In. 'ac(dition, a written report shallbe submitted to the Planning Commission from the Director of Works with regards. Lo the operations on this site. C-7 CONDITIONAL USE PERMIT NO. 84-24/CONDITIONAL EXCEPTION NO. 84-45/ZONE CHANGE NO. 84-14/NEGATIV3 DECLARATION NO. 84-28 Applicant: Shell Oil Company ange t. e zone from C4 to C - a squired by Articl 948 recently amended by Code Amendment No. 84 Conditional Ue Permit No. 84-24 is a tygquest to establ ' conv ence market with gasoline sales and cat~,;wash pursuant t S.943 b) and S.948 . 3. Conditional Excepti-dA No. 84-45 i request ermit a reduction of on-site parkif4g. pursuant 9430 '8.2( A MOTION WAS E BY IIVENGOOD AND SECOND BY M3RJAHA TO CONTINUE CONDITIONAL US RMI , NO. 84-24/CONDITIONAL EXCEP NO. 84-45/ZONE CHANGE NO. 84-14 A :IVE DECLARATION NO. 84-2$ T E JULY 16, 1985 PLANNING COMMISSIO IETING BY THE FOLLOWING VO AYES:` Livengood, kine, Porter, Mirj 3_-gir NOES: None ABS£N Winchell R and Schuma out 'ot the zoom ABSTAIN: None MOTION PASSED C-8 CODE AMENDMENT N . 85-11 F ZONING :APJUSTMENTS _!Applicant: Cit of Hu ton ch On April 16, 1.985, the P ing Commissi dircted staff to initiate a code amendment cover, the areas of con n;=otitlined by the ad-hoc committee on the Boa f Zoning Adjustment The general changes are to the„Board's mak areas of responsibili .and noticing procedures. It shold be ed that- since the Board of Zonirng`' stments is mentio ed ghout Di 'ision 9, the process o%chan over various uses a6d applicatiots they require will have to be gradual one. Article will be rev sed as part of this code amendm As staff prose in revising an rewriting other code sections, i uding eac► dis `s regulations, . the changes can be incotrporated an opted. r_: i° ( 2796d} : -14- ?.'C. 6-18-85 2 00MMU n Merrilee Madrigal 10231 Cliff Drive ► t ti on Huntington Beach, CA. 92646 r Tel: 714 317-1279 March 7 2005 Administrative Records City of Huntington Beach 2000 Main Street Huntington Beach,CA. 92646 Fax: 714 374-1590 Re: Public Records Request for Copy of Lease Agreement with Monroe's Nursery On behalf of the Santa Ana.River Residential Community of Glen Mar and the taxpaying citizens of Huntington Beach with interest in civic management of public property and water quality control for our water resources,please provide a copy of all past and current lease agreements with Monroe's Nursery for the city owned property formerly known as the Old Talbert Water District Reservoir north of Adams, east of Carmenia in Huntington Beach- This is my third request. If you are unable to provide a copy of the lease agreement records per this request,please provide a written response via return email or parcel post with explanation. Thank You, ' 'I LqG 'f Merrilee Madrigal HB Santa Ana River Community Resident merrilee cc.sarc-hb.org Public Records Request Monroe's Nursery Lease U-:4 �. J, CITY OF HUNTINGTON # 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN March 9,2005 CITY CLERK Merrilee Madrigal 10231 Cliff Drive Huntington Beach,CA 92646 RE: Public Records Request for Copy of Lease Agreement with Monroe's Nursery Dear Ms. Madrigal; The document in possession of the City Clerk's Office and responsive to your Public Records Act request dated March 7, 2005 regarding all past and current lease agreements for the city owned property formerly known as the Old Talbert Water District Reservoir north of Adams, east of Carmenia in Huntington Beach, is available for inspection and/or copying. The document, Record Identification No. 1596 WO 600.10—Woodhall Growers Lease Agreement, consist of approximately 47 pages. You may call this office and arrange a time to inspect the document to identify those portions you wish to have copied. Alternatively, upon receipt of a payment in the amount of $ 4.70, representing the cost of copying at our standard rate, we will simply copy all of the pages, and have them available for you to pick up at the City Clerk's Office at your convenience. Should you prefer to have them mailed,just let me know so we can provide you with the additional postage cost. Please feel free to contact me at (714) 374-1559 to make the necessary arrangements. Should you have any questions regarding this response,please do not hesitate to ask. Sincerely, �� V0�60 Robin Roberts, Deputy City Clerk,Records Management Cc: Joan L.Flynn,City Clerk Jennifer McGrath, City Attorney Paul Emery,Director of Public Works Howard Zelefsky,Director of Planning David Biggs,Director of Economic Development (Telephone.71"36- W) �� LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WOODHALL GROWERS FOR CITY OWNED PROPERTY ADJACENT TO THE SANTA ANA RIVER THIS AGREEMENT is made and entered into on the 2. th day of May , 1991, by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California, hereinafter referred to as "CITY, " and WOODHALL GROWERS, a general partnership, hereinafter referred to as "LESSEE. " WHEREAS, LESSEE desires to hire, for horticultural purposes only, certain real property owned by CITY, and; CITY desires to let the productive use of aforesaid certain real property to LESSEE. NOW, THEREFORE, in consideration of the mutual and respective convenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto do hereby agree as follows: 1. DESCRIPTION OF PROPERTY jeekh�i'� CITY hereby leases to LESSEE that certain real property, hereinafter referred as "LEASED PROPERTY, " described as being located in the CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, and being the parcel delineated on the print attached hereto and by reference made a part hereof, marked Exhibit "A. " 2 . TERM - This lease shall be for a term of three years, commencing on the 1st day of September, 1991, and ending on ftA August 31, 1994, unless sooner terminated as herein provided. fi cena o 43. 3 fencing in accordance with standards to be provided by CITY. 27. APPROVAL OF CONSTRUCTION LESSEE agrees that any and all structures that LESSEE might wish to build upon the LEASED PROPERTY must first be approved in writing by CITY, and are subject to CITY'S inspection prior to, during, and after construction. LESSEE further agrees that any and all structures built upon the leased property must be removed by LESSEE at the end of the lease term, or at the request of CITY. 28. USE OF ACCESS GATE LESSEE agrees that the access gate east of the Adams Avenue service street will be used jointly by the parties, with both parties required to lock the gate when not in immediate use. LESSEE and CITY agree that each party will supply a lock for this access gate, and each party will also supply the other party with a key to their respective locks. 29. OPTION OF - EXTENSION � _ a 4 t �j r -C''Ok- C'S �+- 7 VPIJ Should LESSEE fully and faithfully perform all the terms and conditions of this lease for the full term specified in Section Two of this lease, LESSEE may extend this lease for a further term of three years, at the rental amount specified hereinafter, commencing on expiration of the full term specified in Section Two of this lease, by giving CITY written notice of LESSEE'S desire to do so at least Ninety (90) days prior to expiration of the term specified in Section 2. 30 . INCREASE IN RENT The rent for years subsequent to the first year of the -13- E"t 3 4 f ' PORTION OF SE 114 OF SEC.5 , T.6 S. R. IOW. , S.B.M. YORKTOWN AVENUE TRACT NO. 4864 Leo' 8K. 189 PG.8-10 �, EO fp �Q 4 k4' ` - o *�,� b `- �tl SCALE Q' O' 200' 400' A4k;• 41 L 100 300 NO 1133AC jjI�i P. -Q. - o� .8 0' ADAMS _ f AVENUE INN 5 4 8 9 3.5 LEGEND EXHIBIT A mmmb-mffi--=M- PORTION OF SOUTHERN CALIFORNIA EDISON COMPANY 180'WIDE RIGHT OF WAY LICENSED TO THE WOODHALL GRDWERS HUNTINGTON BEACH-ELLIS 220KV T/L R/W 16 Foot Wide Access Road MAP SHOWING LOCATION OF SOUTHERN P.I.D. No. 5012004 CALIFORNM EDISON COMPANY ISO WIDE RIGHT OF 'WAY DWG. NO. " 556828 CRY OF HUrMNG70NBEACH RA R/? File No. 04-84-048 Southem Califon"Edison C0ffWnY "R.."'*&IV an& RIW 6746—L ar I T. SS. , R.1owp .B.M. � 2 � � • �'CGs ., Sewage 17 rr 11•— _ j( +• Disposal • twinkle EilCB - —'c01 �`r -aOUNDABI 1 i ._ j•__j — — _�=T I -Papa C - •a� �-ni`o WT !�1!� - I MORU.cRt f -- - - --- --- -- -- ---- - ' - - ' I �< •. ly -�i1 . . =Lai ;- •! !:v eaa 1 t N•Sc+ Mesa ede ` •`a SITE .,'. _—_ A ,..>b. K_ LaCATION cam, �•`�' � ; r _ �-a...,=> V Res - i .r_- MOfAhA!•Dtls. /_ �.�-7tPf . O :•t r7 FAIRYlEW ,-j�'�-.- STATE HOSPITAL (� ITY ems;Cannon a• L ,.��� V OPEN < in .<+ SCALE IN MILES y V..IN - o - - - --- Pa EXHIBIT "B„ HUNTINGTON BEACH-ELLIS 220KV T/L R/W ( p MAP SHOWING GENERAL LOCATION OF �S LION UHEW RER/GH OF yyAr PANY C17-YOF AMMGMV BEACH ORAJVG£ Y a. -truAhem California rdison Coff WSW REQUEST FOR ACTION ' MEETING DATE: 7/18/2005 DEPARTMENT ID NUMBER:ED 05-07 Analysis: The subject site is located off Adams Avenue at the Santa Ana River and has been under lease to Rex & Lary Gilmore, DBA Monroe Pacify Wholesale Nursery, or their predecessors since September 1991. Upon expiration of the prior lease, the City and the Gilmores reached agreement as to renewal terms. The new lease consolidated the prior lease area and an added area for a combined area of approwmate r a � raw lease was prepared-by Vie- Attorney, approves as to form and subsequently executed by Rex&Larry Gilmore in June 2005. Prior to having the new lease approved by the City Council, in 2003, issues arose over compliance with new water quality requirements and the providing o the necessary insurance per Ris anageme policies. . was determined that City Council approval should be deferred until these issues were addressed. However, the tenant fins been operating under new lease arms since t me; in ing paying the new rent. The lease provides for a fixed term from October 1, 2002, to September 30, 2007, with two, five-year extension options. The rent is established at $1600 per month with an annual escalation. Environmental Status: Not Applicable Attachment(s)• City Clerk's Page Number N• Description 1. Lease Agreement. y f�mac 1(1uf reroninS non- wm ph;L4-ni Ter goer- Ua1I qX -�S_A i t �C G:\Mke%bnroe Pacfic Wholesale Nursery RCA Lease Approval.coc 6/30 AN 8:45 AM Page 1 of 3 'Merrilee Madrigal From: "Garry Brown" <coastkeeper1@earthlink.net> To: "'Merrilee Madrigal"'<merrilee_madrigal@hotmail.com>; "'Penelope Culbreth-Graft"'<pgraft@surfcity-hb.org>; Jill Hardy'"<HBmissjill@aol.com>; '"Debbie Cook'"<hbdac@hotmail.com>; "'Dave Sullivan"' <DSULLIVAN@socal.rr.com>; "'Gil Coerper"'<glcoerp1 @gte.net>; "'Bohr, Keith"'<KBohr@surfcity-hb.org>; "'Hansen, Don"'<Dhansen@surfcity-hb.org>; "'Cathy Green'" <ppcgreen@aol.com>; "'Steve Ray"' <steveray4surfcity@hotmail.com>; "'Bob Dingwall"'<contact-pro@mindspring.com>; "'Tom Livengood"' <TomNeilUvengood@aol.com>; "'John Scandura"'<jdscandura@earthlink.net>; "'Jennifer McGrath"' <JMcGRATH@surfcity-hb.org>; "'Don May"'<earthcorps@parth link.net> Cc: "'Emery, Paul"' <pemery@surfcity-hb.org>; <Jflynn@surfcity-hb.org>; "'Robin Roberts"'<rroberts@surfcity- hb.org>; "'Randy Fuhrman"'<r.fuhrman@verizon.net>; "'Al Hendricker"' <hend2@msn.com>; "'George Mason"' <gem325@socal.rr.com>; "'Dave Guido"'<gdfthr2@msn.com>; "'Bob Anderson"'<andersonr@vcgnet.com>; Don Rice"'<drice444@msn.com>; "'Ray Heimstra"' <cartoma n@prodigy.net>; '"Terry Dolton"' <tdolton@socal.rr.com>; "'Engle,Jim"'<jengle@surfcity-hb.org>; "'Geraldine Lucas"'<glucas@surfcity-hb.org>; Dave Webb"'<dwebb@surfcity-hb.org>; "'Jim Meyer"'<jmeyert4a@aol.com>; "'Robert Beardsley"' <reardsley@surfcity-hb.org>; "'Howard Zelefsky'"<hzelefsky@surfcity-hb.org>; "'Scott Hess"'<shess@surfcity- hb.org>; "Shirley Dettloff'<rdettloff@socal.rr.com>; "Daniel Cooper"<cleanwater@sfo.com> Sent: Wednesday,July 13,2005 2:24 PM Subject: RE: Nakase Nursery/SA River Corridor at Le Bard Park Dear All: I am in receipt of Merrilee's email to you regarding the Santa Ana River Corridor and the nurseries on Edison's easements. I decided to take this opportunity to inform you of Coastkeeper's current activities regarding the nurseries. First, I should say Coastkeeper took water samples of discharges from all the nurseries along the Santa River last winter and had the samples analyized by a State Certified Laboratory. Merrilee is correct when she says there is a problem;the nurseries are discharging runoff in exceedance of water quality standards and most have few or no "Best Management Practices"(BMPs). Coastkeeper had three options: 1)file a Federal Clean Water Act enforcement action;2) initiate a collaborative process to educate nurseries, along with Edison's buy-in and participation, to install BMP's and get a commitment from them to eliminate their polluting discharges; 3)share our data with the Santa Ana Regional Water Quality Control Board and ask that they step in with an enforcement action; In this case, Coastkeeper chose to partner with Edison to bring all the nurseries to the table and ultimately into compliance. We have met numerous times with Edison representatives and they are totally on board. We have reached out to the U.C. extension program that already has in place an education program teaching how nurseries can reduce and eliminate this problem. This process is currently underway.Today in fact there is a meeting with Edison,the U.C. extension and Ray Heimstra, our program director. We are hopeful this process will achieve the desired results and make the nurseries better citizens. Coastkeeper will continue to keep a watchful eye by testing the runoff discharges from these enterprises during the next year. Coastkeeper will continue to collaborate with stakeholders to constructively eliminate this problem. If the problem does not improve and the nurseries do not install the necessary BMP's, Coastkeeper will take steps for an enforcement action as stated in options 1 & 3 as we already have the data necessary and will just be adding to it. I felt this an appropriate time to merely relay to you our activities regarding the polluting currently taking place during the wet season at these nurseries. Edison is aware of the problem. Merrilee Madrigal is correct in her concerns with the polluting nature of the nurseries.This problem is not going to go away by itself and nothing will be accomplished by ignoring it. The best solutions will come from cooperation, collaboration, and action. Thank you for your time and your efforts to make our community even better. Garry Brown Executive Director Orange County Coastkeeper 441 Old Newport Blvd. Suite 103 Newport Beach, CA 92663 949 723-5424 coastkeeperl@earthlink.net www.coastkeeper.org -----Original Message----- ��� • ' From: Merrilee Madrigal [mailto:merrilee_madrigal@hotmail.com) Sent: Monday, July 11, 2005 9:01 AM 7/17/2005 Page 2 of 3 �To: Penelope Culbreth-Graft; Jill Hardy; Debbie Cook; Dave Sullivan; Gil Coerper; Bohr, Keith; Hansen, Don; Cathy Green; Steve Ray; Bob Dingwall;Tom Livengood;John Scandura; Jennifer McGrath; Don May Cc: Emery, Paul; Jflynn@surFcity-hb.org; Robin Roberts; Randy Fuhrman; Al Hendricker; George Mason; Dave Guido; Bob Anderson; Don Rice; Ray Heimstra;Terry Dolton; Engle, Jim; Geraldine Lucas; Dave Webb; Jim Meyer; Robert Beardsley; Howard Zelefsky; Scott Hess Subject: Nakase Nursery/SA River Corridor at Le Bard Park Dear HB City Administrator,Council Members and Planning Commissioners, Would you please ask the Planning Department to kindly respond to the request about Nakase Nursery operating within the 13 acre Santa Ana River Corridor north of Le Bard Park without any approved entitlements,permits,watershed plan or NPDES permit'? You're assistance would be greatly appreciated, Nakase Nursery discharges 13 acres wet weather pollutants testing high in bacteria to our public park where children play and the public must tread through to access the regional Santa Ana River County Trail System. The storm drain at Le Bard Park is completely obstructed and sediments are carried throughout the adjacent subdivision of Suburbia where flooding occurred October 27,2004. The Community would like Nakase Nursery to apply for a CUP to enable an approved watershed plan. We've been attempting to receive an answer to this request since March,2005. We appreciate your assistance in providing a watershed plan for the Community,Public and Environment at the Santa Ana River in Huntington Beach, Thank You, Merrilee Madrigal HB SA River Community Resident. ---Original Message— From: Merrilee Madrigal To: Robert Beardsley ; Howard Zelefsky ; Penelope Culbreth-Graft Cc: Emery, Paul ; JfNnn(ZDsurfcity-hb.org ; Robin Roberts ; Jennifer McGrath ;Jill Hardy; Cathy Green ; Gil Coerper ; Dave Sullivan ; Hansen. Don ; Debbie Cook ; Steve Ray ; Bob Dingwall ;Tom Livengood ; John Scandura ; Randy Fuhrman ;Al Hendricker; George Mason ; Dave Guido ; Bob Anderson ; Don Rice ; Ray Heimstra ; Terry Dolton ; Engle. Jim ; Geraldine Lucas ; Dave Webb ; Bohr. Keith ;Jim Meyer Sent: Tuesday, May 31, 2005 7:27 AM Subject: SA River Corridor Nursery at Le Bard Park Good Morning, Could someone please help the Santa Ana River Residential Communities receive an answer from the Planning Department? Will the Planning Department please respond to the question about Nakase Nursery operating within the Santa Ana River Corridor without any entitlements,approved watershed and/or water quality plan? I've been trying to get an answer since March,2005. Thank You, Merrilee Madrigal BTW,Nakase is Nursery is north of Le Bard Park,not to be confused with Hiro's Nursery south of Le Bard Park, Dear Howard Zelefsky, Nakase Nursery is found operating within the 13 acre Edison owned Santa Ana River Corridor north of Le Bard Park without any entitlements whatsoever, confirmed twice by the Planning Department and twice by the City Clerk's Department, and Robert Beardsley was unable to accurately respond the my previous inquiry apparently confusing this location with Hiro's Nursery location. Therefore, I am now requesting your assistance. Can you please provide entitlement records for the Nakase Nursery operation within the 13 acre river corridor north of Le Bard Park? If you are unable to provide entitlements records for nursery operations within the river corridor north F-4-5 ,Z 7/17/2005 Page 3 of 3 of Le Bard Park,will you please ask Nakase Nursery to vacate the premise pending application for a CUP with environmental review? Nakase Nursery discharges wet weather pollutants to the public park wetland area of Le Bard Park,where 13 acres of river corridor sheet flow arrives, is obstructed by the bike trail and diverted through the Community of Suburbia,where flooding occurs with property damages,without any approved water quality or watershed plan. Any new application should therefore consider these environmental impacts to the Environment and the Communities in a full public environmental review. This is my sixth request to the City of Huntington Beach therefore I am hope you will be able to help. Thank You Very Much, Merrilee Madrigal --Original Message From: Merrilee Madrigal To: Robert Beardsley Cc: Howard Zelefsky ; Emery, Paul ; David Biggs ;Jflynn@surfcity-hb.org ; Robin Roberts ; Jennifer McGrath ; Jill Hardy;Cathy Green ;Gil Coerper ; Dave Sullivan ; Hansen, Don ; Debbie Cook ;Steve Ray ; Bob Dingwall ;Tom Livengood ; John Scandura ; Randy Fuhrman ;Al Hendricker ; George Mason ; Dave Guido ; Bob Anderson ; Don Rice ; Ray Heimstra ; Terry Dolton ; Engle, Jim ; Geraldine Lucas ; Dave Webb ; Bohr, Keith ; Jim Meyer Sent: Wednesday, March 30,2005 8:48 AM Subject: SA River Corridor Nursery at Le Bard Park Forgive me,the image below is huge, (don't know why) but if you open the attached document you will find a readable size of the letter from the City Clerk regarding public records requested for the nursery operations within the Santa Ana River corridor north of Le Bard Park. Twice Planning and twice City Clerk department personnel reported there are no records for any nursery operating within the Edison easement west of the Santa Ana River,south of Adams, north of Le Bard Park,yet Nakase Nursery is found operating here and discharging pollutants to Le Bard Park. Will our planning department require Nakase Nursery to submit application for a CUP and implement wet weather treatment facilities to clean pollutants entering the public park area and adjacent subdivision of Suburbia? Thank you for helping to discover Santa Ana River Corridor planning and watershed records, initiating the implementation of planning procedures and clean watershed controls. With Appreciation, Merrilee Madrigal HB Santa Ana River Community Resident ,io virus found in this incoming message. "hecked by AVG Anti-Virus, Version: 7.0.323/Virus Database:267.8.14/48-Release Date:7/13/2005 ,To virus found in this outgoing message. `hecked by AVG Anti-Virus. Version: 7.0.323/Virus Database: 267.8.14/48-Release Date: 7/13/2005 ` �' 7/17/2005 BEF(" E THE BUSINESS AND COMMERCE AGENCY DEPARTMENT OF INVESTMENT DIVISION OF REAL ESTATE *JY 7 1965 K OF THE STATE OF CALIFORNIA Murox G.Goxuox,Real.Estate Commissioner In the matter of the application of FINAL SUBDIVISION SEAMAR DMMOPMENT CO., a joint venture PUBLIC REPORT composed of MM34AR HOMES, INC., EMPIRE DEVELOPMENT COMPANY AND SEACOVE CORPORATION, all California corporations FILL 26034 for a final subdivision public report on * TRACT No. 5033 ORANGE COUNTY, CAL7Fomm This Report Is Not a Recommendation or Endorsement of the Subdivision But-Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. TRIS REPORT EXPIRES FIVE 7KARS FROM! DATE OR UPCN A MATERIAL CHANGE. April 21, 1965 SPECIAL NOTE YOUR ATTENTION IS RSPECIALLY DIRECTED TO THE PARAGRAPHS BELOW REAPED; (X) RESTRICTIONS, AND (X) TI=. LOCATION AND SIZE: On Adams Avernus., Carmania Lane and other streets in the City of Huntington Beach, Orange County. Approximately 16.777 acres divided into s3 lots or parcels., (X) TITLE: Title is subject, among other things, to: Reservations of mineral, oil and gas rights:aithout right of surface entry. ZO??M: The property is to be sold for residential purposes. (Y.) RESTRICTIONS: Restrictions, recorded in Book 7423, Pap 943, Official Records of Orange County Recorder, affecting the development, among other restric- tions, contain the following-provision: No building shall be erected, placed or altered on any lot until the construction Plans and specifications and a plan showing the location of the constriction.have been approved by the Architectural Control Committee. --• PURCHASE MONEY HAI0LING WILL BE AS FOLLOWS: All funds received from each pur- chaser will be impounded in a neutral escrow depository until the legal title is delivered to the chaser. (Ref. Section6= 3:1013,-110134(a), Business and Professions Code. FILLED GROUND: The subdivider in his application for this report states that no lot"stare to contain Pilled ground. D AND DRY: . Orange County Flood"Control District advises: "It is the opinion of this office that-the•property is-at present subject to frequent sheet overflow and inundation. Tk:e df sposal of runoff.waters arriving-.�—j at.;and oaci inapt g.#ai tbiva the'trait win"big depetbd upon pumping under the' isd coon"of-'the Citg of runt�sgtoa�" Frequent" "s defined as one that occurs at intervals of:once 3n:1F?..years when average over a long period of time. 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Y= Fr5Pa3 *' , "." 1:250K Series i TopoZone Pro 0 Shaded Relief _, t Street Maps Aerial Photos 6 Black and white x fe Color Infrared . XDA4tY �"• I! _ ; ��e w Map Size — n - -, M Smalls% ` r c !, Medium __ •_ -- _ Large f F ;• a Huge w. ° i ,' view scale 1 :50,000 . Update Map > -.. r; es r , h Cou'Itryr 4 r Coordinate Format UTM - Coordinate Datum WGS84/NAD83 0 Show targets Email this map Bookmark this map Print this map a + ; p JA e-5 4 4.7 1.4 2.1 2.8 h d 0.4 0.8 1.2 1.6 �LA TopoZone.com a 1999-2004 Maps a la carte, Inc.-All rights reserved. Use of this site is governed by our Conditions and Terms of Use.We care about your privacy - please read our Privacy Statement. http://www.topozone.com/map.asp?lat=33.6814,&lon---1 t7.9419&datum=nad83 7/17/2005 PLANNING ZONING DM 5 ---I—SECTIONAI DISTRICT ►'v1AP 5-6-10 k., NOTE �' f 1�/ A03PTC9:WOW 19.1960 l,t� .I OF art- ur " 1f' � CITY :OUNtIt' OaOpllNi2 a4. M. m s.rt-�a.a a..�• "1. 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FF 4 �.� 4f�i •e'P�' � k i�1 �"wr 4-d L-014 12OC4.f H *,r- end umd r L t k q • ..if ♦ i±. t' �yt s kr Y Cr464 q a Ll ;Rolons S Liu 1 ,Rw . �--t bo lcpj &a( '--to, 0� O-a r' U-)Cc2a �L6 I Q)- ,REsi o�CINA- W LSO C'JUSJ-4 -6 c.&tA° s car ; K G` M/ oo�,p �t j `Chic 6wr, 60 kukd so c �� x Polm .4- } 9 i y r 4=s,i... t, x��.t y�ix•�� ...., ,�y. v �.}3e..4. _ x s r r1 tPO•og7.Z t. m. iR ice" C t o - m ; or k " m , s adM• r, Page I of 2 Merrilee Madrigal From: "Merrilee Madrigal" <merdlee madrigal@hotmail.com> To: "Jones, Dale"<DJones@surfcity-hb.org> Cc: "Merrilee Madrigal" <merrilee_madrigal@hotmail.com> Sent: Monday, July 18,200511:13 AM Attach: Carmania 05-02-21 after 002 resized 5x6.jpg; Carmania 05-02-21 001 resized 5x6.jpg Subject: Late Communication Item E-4 Monroe's Nursery Please include this email with attached photographs as Late Communication with Attached Photographs for City Council Consent Calendar Item E-4 July 18, 2005. It communicates and shows images of the flooding adjacent to Monroe's Nursery. Thank you, Merrilee Madrigal ---Original Message---- From: Teddi Hart To: merrilee madrigal@hotmail.com Sent:Monday, February 21,2005 1:29 PM Subject: FW: HB Environmental Board Meeting -Flood Review-Monroe's Nursery Merrilee, These are pictures taken today. This flood happened within a 2 hour period approx 6:30 am— 8:30 am. I've sent you a before and after picture so you can see how bad it gets here. ® Teddi Hart Vanishing Clouds, Inc. Techonology Solutions for Small Business 7/18/2005 Page 2 of 2 1 e � ,r 7/18/2005 Page 1 of 1 Merrilee Madrigal From: "Merrilee Madrigal"<merrilee—madrigal@hotmail.com> To: "Jones, Dale"<DJones@surfcity-hb.org> Sent: Monday,July 18,200510:58 AM Subject: Late Communication E-4 Late Communication Item E-4 July 18, 2005 Monroe's Nursery Lease From:Teddi Hart Sent: Wednesday, December 01, 2004 6:10 PM To: 'merrilee_madrigal@hotmail.com' Subject: HB Environmental Board Meeting - Flood Review - Monroe's Nursery I have lived at 19892 Carmania Lane, Glen Mar tract,since 1992. My house backs up to the Monroe Nursery Unlike my neighbors, fortunately I have drainage from my backyard out to the front. If I hadn't my house would have been flooded during the October rain. My next door neighbor wasn't as lucky. The water came in through the back of her house through the living room and into the dining room.All the floors on the first floor of her house were damaged. The water out front came within 8'of my front door.The cars parked on the street had water half way up the inside of the cars. This happened to 2 of our cars in the past 5 years.The waters force was so strong that it lifted a full lawn garbage bag of wet grass cuffing up from the curb to within 6'of the front of house. The serious threat of flood into the house has happened 2—3 times in the past 5 years. However,whenever we have a significant amount of rain the waters are usually above the curb. It seems that the drainage on our street cannot keep up with the flow.Also, the water off Adam (heading west)sweeps around the bend at Ranger and we get additional water flow from there.This happens whenever there is a significant amount of rain. As an aside regarding the Monroe Nursery. During the dry months when they water they leave a foot wide ditch of water sitting until the rains start. I have 2 issues with this, one the water seeps into my backyard and form puddles{just to show how much water there is) and two it is a breeding ground for mosquitoes. Perhaps you can have them address this issue.Other then that, they're fairly good neighbors. Thank you for your attention, Teddi Hart E4 - 3 7/18/2005 Glen Mar Monroe's Nursery on HB City Dump Site in Old Talbert Water Reservoir r t" a HB Environmental Board Meeting — Flood Review December 2, 2004 City Hall, Room B-8 at 6:30 PM The Huntington Beach Environmental Board will review the flood event of October 20th 2004 during an Environmental Board Meeting December 2, 2004 at City Hall in room B-8 at 6:30. Residents who experienced drainage problems, unusually high flood waters, property damages or have flooding concerns are urged to attend. The meeting will begin with a public comment period where the public is invited to speak before the HB Environmental Board, or you may present your concerns in a letter so that an accurate accounting of the rain and flood event of October 2& can be evaluated. A survey is attached for your convenience. If you are unable to appear for this meeting, please forward your survey to the City of Huntington Beach Environmental Board no later than November 24th, or to Merrilee Madrigal for delivery during the Board Meeting. Merrilee Madrigal 10231 Cliff Drive �' l�15 Huntington Beach, CA. 92646 `t Tel: 714 317-1279 HB Environmental Board Meeting Doc City of Huntington Beach Citywide Urban Runoff Management Plan December 2004 Prepared by. cm 18581 Teller Avenue,Suite 200 Irvine, California 92612 sect—1,1 City of Huntington Beach Citywide Urban Runoff Management Plan Table 1.1 (continued) Summary of Water Quality Element Programs Program Elements Mandate Elements Discretiona Elements New Development/Significant Redevelopment Program General Plan was amended to include watershed General Plan and Local protection in the Land Use, Environmental ■ Local Coastal Program NPDES enhancement Coastal Program Resources/Conservation, ■ Review General Plan to ensure compliance with renewed NPDES Permit Assessment Circulation, Utilities and Growth Management elements Revised City's Project GEQA Environmental Application Form and initial ■ Provide additional training of planning staff on NPDES requirements Review Process Study Checklist to identify ■ Update CEQA Procedures Handbook. permanent water quality BMPs Development Project Continue to require project- ■ Develop a template for a preliminary project WQMP Review,Approval & specific WQMP's, as ■ Refine WQMP treatment BMP requirements Permitting applicable, and standard ■ Incorporate water quality design standards in zoning code, Municipal Code, and/or other conditions of approval, planning documents ' iVVate�Quality Ple►nitig�'iAea-Based Program ■ Continue current dry weather flow diversions from pump stations to OCSD system ■ Evaluate opportunities to reduce dry weather flow and reduce diversions --�+ Santa Ana River w Continue to"work Wlth OC RI 6, Palk Project arjd illcorpoCate vuat�r quality erihariceCnont whe`Iro feasiblo ■ Identify and construct improvements to pump stations ■ Continue existing dry weather flow diversions from pump stations to OCSD system ■ Support the County's Talbert Channel low flow diversion project ■ Evaluate opportunities to reduce/reuse dry weather flow at Bartlett Park&near HB wetlands Talbert Channel ■ Continue to participate in feasibility studies and implementation of HB Wetlands Restoration j Plan ■ Develop runoff treatment system in Bartlett Park t ■ Identify and construct improvements to eurne stations 1 cm 1-8 Section 3 City of Huntington Beach Citywide Urban Runoff Management Plan 3.2.3.9 Additional Citywide Opportunities Several additional projects/programs are recommended for consideration and implementation where appropriate and applicable throughout the City_ ■ Evaluate the use of Edison easements in the City forpportunitie to use; easemen for at r qi aI ty eatuies ■ Conduct feasibility study and implement recommendations for constructing trash/gross solids removal devices at any direct storm drain outlets to drainage channels that do not go through pump stations and will not be included in any of the water quality planning area treatment projects described in previous sections. ■ Work with property owners/Homeowner and/or Property Owner Associations to encourage pilot and consider implementing full scale state-of-the-art irrigation controllers. ■ Continue working with Orange County Water District on the possibility of using dry weather urban runoff for future injection project to assist with the seawater barrier enhancements. 3.3 Program Phasing Section 3.2 identifies a comprehensive set of elements to be included in a long-range Water Quality Management Program for the City of Huntington Beach.Many of the elements require additional planning,study and substantial additional funding of capital or operating costs that are not currently budgeted.Therefore,phasing program elements is important for the Water Quality Element of the CURMP to provide direction for resource commitment and scheduling of implementation steps described in Section 3.4. In general,program elements fall into several broad categories including: ■ Existing program elements ■ Modifications to,or expansion of existing programs,and new programs required to meet current permit requirements ("mandatory elements") ■ Additional program enhancements and new projects to meet City goals and objectives("discretionary elements") Existing programs and projects with committed funding do not need to be phased. For other elements,phasing needs to be established_ 3-66 E� )10_ 3 Additional Cost $ or Resources needed. Increased O&M Increased City Staff Program Element Capital ($) ($/yr) (PY) Water Quality Planning Area-Based Controls Santa Ana River Continue dry weather flow diversions to OCSD _ _ Evaluate opportunities to reduce via flow reduction _ 0.05 Work with PdRP In water quality+enhahcement ts pro _ }der►tify and construct lmprovements to pump stations TBD TBD 0,1 Talbert Channel Continue current dry weather flow diversions to OCSD and support County's Talbert Channel diversion project — — Evaluate opportunities to reduce/reuse dry weather flow 0.05 Continue to participate in Feasibility Study and implementation of HB Wetlands Restoration Plan — —' Develop runoff treatment system in Bartlett Park;for dry and wet weather treatment $920,000 $25,000 0.1 Identify and construct improvements to pump stations TBD TBD 0.1 Coastal Develop expanded education and enforcement programs 0.2 Continue dry weather flow sand infiltration practice where feasible; construct flow diversion TBD where not feasible — — Operate and maintain hydrodynamic separator units at beach outlets $20,000 Evaluate opportunities to reduce/reuse dry weather flow 0.1 Enhance street and alley sweeping See Municipal Activities Develop incentive program for restaurant grease trap retrofits T See Municipal Activities First St.drainage area regional treatment system TBD TBD 0.05 111 Section 4 City of Huntington Beach Citywide Urban Runoff Management Plan cleaning the facilities and controlling stormwater quality.Even though these facilities are not part of the primary stormwater conveyance system protecting property from flooding,a line item cost is included for future capital project. planning purposes. The data in Table 4-9 represents an inventory of candidate system upgrade projects. It can serve as a starting point for further analysis and formulation of proposed projects for budgeting and programming purposes based on such considerations as: ■ Downstream reaches may take precedence over upstream ones,since upstream improvements may require adequate downstream capacity. ■ Main storm drain lines,which are collectors for multiple tributary reaches,should be considered for higher priority over more localized systems. ■ Developed and higher valued land use areas should be considered for protection prior to less developed areas. ■ Storm drain improvements should be considered for coordination with other capital project in the same area.This condition would be especially prevalent in the case of street reconstruction projects. ■ Integration of related links comprised of high benefit as well as lower benefit links should be considered in order to complete the system improvements in a localized area. A geographical summary of candidate upgrade projects aggregate extent and cost based on the City's five major drainage watershed planning areas is shown in Table 4-10: Table 4-10 Geographical Summary Length of Ti�ta1 Es#iiriatd Major Drainage Watershed Planning Areas upgraded system �upgiade tc st (rounded to (rounded in nearest 100 feet milligns dollars No_A-_Santa Ana River&Talbert Channel Areas 188,500 (Subareas 20--32&404'1) No.2—Coastal and Bolsa Chica Wetlands Areas(Subareas 16-19) 47,400 $23 No.3—Slater Channel Area 79,700 $35 (Subareas 10-15) No.4—Wintersberg Channel Area 65,600 $23 (Subareas 6-9) No.5—Bolsa Chica Channel and Harbour Areas(Subareas 1-5) 67,300 $23 TOTALS 448,500 $200 85 miles w C 4-% 'U—4 11D.5 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT,CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES,CALIFORNIA 90053-2325 December 10,2004 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch SUBJECT:NOTICE OF VIOLATION OF THE CLEAN WATER ACT ENFORCEMENT CASE NO.200500281 JPL CERTIFIED MAIL-RETURN RECEIPT REQUESTED Southern California Edison Attention:Jill Fariss 2244 Walnut Grove Avenue,Suite3A Rosemead,California 91770 Dear Ms.Fariss: It has come to my attention that you or your contractors have been discharging fill material into wetlands adjacent to the Santa Ana River in Huntington Beach,Orange County, California. The Corps hopes that this problem can be resolved informally and amicably.However, you should recognize that under Sections 301 [33 U.S.C.13111 and 404[33 U.S.C.13441 of the Clean Water Act and Corps regulations promulgated pursuant thereto,the discharge of dredged and/or fill material into waters of the United States is unlawful unless such discharge has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the Army through a Corps of Engineers permit. The potential penalties for violation of this Section include a maximum criminal fine of$50,0W per day and imprisonment for up to three years, and a maximum civil penalty of$25,000 per day of violation[33 U.S.C.13191. Within the next 20 days,please provide any information you may have regarding this activity,including a project description,drawings,and photographs of the site to the Chief, Regulatory Branch,Attn:Jason P.Lambert,P.O.Box 532711,Los Angeles,California 90053. During the next few weeks,Regulatory Branch personnel will be conducting an investigation of this activity. By copy of this letter,I am requesting input from the agencies indicated in the final paragraph of this document to facilitate this investigation and my decision on what initial corrective measures may be necessary. Once this evaluation is complete I will issue you an order for any required initial restoration and,if appropriate,will accept an after-the-fact permit application for processing. If complete restoration is not required,you must apply for a Department of the Army Permit for the discharges already performed. Enclosed is a Department of Army Permit application and information booklet. r -2- Failure to comply with this order may result in my recommendation to the United States Attorney to institute appropriate legal proceedings to enforce this order. Additionally, compliance with this order does not foreclose the Government's options to initiate appropriate legal action or to require the submittal of a permit application. By copy of this letter,I am requesting that the United States Attorney open a file on this unauthorized activity. In accordance with a Memorandum of Agreement between the Department of the Army and the Environmental Protection Agency(EPA)concerning federal enforcement of Section 404 of the Clean Water Act,a copy of this notification is being sent to the EPA for review and coordination. My staff will conduct a preliminary investigation to determine whether EPA or the Corps will be the federal agency responsible for evaluating the unauthorized work You will be notified whether EPA or the Corps will be the agency to work with you to resolve the violation. If you have any questions regarding this matter,please contact Jason P. Lambert in our Regulatory Branch at(213)452-3361. I am forwarding copies of this letter to:Field Supervisor,Ecological Services Field Office, U.S.Fish and Wildlife Service,6010 Hidden Valley Road,Carlsbad,California 92009; U.S.Environmental Protection Agency,Attention:Mr.Tim Vendlinski,Chief,Wetlands Regulatory Office(WTR-S),75 Hawthorne Street,San Francisco,California 94105;California Department of Fish and Game,Attention:Mr.Charles Raysbrook,4949 View Ridge Ave.,San Diego,California 92123; U.S. Department of Justice,U.S.Attorney's Office, Attention:Mr.Leon W. Weidman,Room 7516,Federal Building,3W North Los Angeles Street, Los Angeles, California 90012;California Regional Water Quality Control Board, Region 8,Santa Ana, Attention:Mr.Gerard J.Thibeault,3737 Main Street,Suite 5W,Riverside,California 92501-3339, City of Huntington Beach, Planning Department,2000 Main Street, Huntington Beach,California,92648. Sincerely, Comment ' GEORGE L. BEAMS CESPL-CO George L.Beams Chief,Construction- MINCH CESPL-OC Operations Division DURHAM CESPL-CO-R jEru losuresj .......... LAMBERT CESPL-CO-R CemmeM:CF. File Copy (Yellow) --200500281-JPL _Clipboard Copy --Los Angeles Sent by: usace regulatory branch 213 452 41Q6; 05123/05 4:1OPM;tt&m #482;Page 2/3 F DEPARTMENT OF THE ARMY Los ANCtEtaS PISrRCr.CARPS OF ta+ NURS UWAN=&%CAUF0MA90055 M December 10,2004 r�rto Armse"M Office of the Chief Regulatory branch SUBJECT:NoMCE OF vioLATTON OF THE CLEAN WATER ACT ENFORCEMENT CASE NO.200500281 JPL Hiro's Nursery Attention- Hiro Kiwadu 10181 Atlanta Avenue Huntington Beach,California 92646 Dear Mr.Kiwadd-- it has carve to my attention that you or your contractors have been discharging fill material into wetlands adja tot to the Santa Ana River in Huntington Beach,Orange County, California. The Corps hopes that this problem can be resolved informally and amicably.However, you should recognize that under Sections 301133 U.S.C.13111 and 404133 U.S.C.13441 of the Clean Water Act and Corps regulations promulgated pursuant thereto,the discharge of dredged and/or fill material into waters of the United States is unlawful unless such discharge has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the Army through a Corps of Engineers permit. The potential penalties for violation of this Section include a maximum criminal fuze of$50,000 per day and imprisonment for up to three years, and a nnaxirnum civil penalty of$25,OW per day of violation(33 U.S.C.1319). Within the next 20 days,please provide any information you may have regarding this activity,including a project description,drawings,and photographs of the site to the Chief, Regulatory Bnuwh,Atta:Jason P.Lambert,P.O Box 53MI,Los Angeles,California 9OD5 3. During the next few weeks,Regulatory Branch personnel will be conducting an investigation of this activity. By copy of this letter,T am requesting input from the age indicated in the final paragraph of this document to facilitate this investigation and my decision on what initial corrective measures may be necessary. Ohre this evaluation is complete I will issue you an order for any required initial restoration and,if approbate,will accept an after-dwfact permit application for pracessin& If complete restoration is not required,you azust apply for a Department of the Amoy Permit for the discharges already performed. Enclosed is a Department of Army Permit application and inbrrnation booklet. Failure to comply with this order may result in any v---,--unendation to the United States Attorney to institute appropriate bgpd p rcmx*divW to enforce Osisa oeder. A td!don Uy, Sent by: usace regulatory branch 213 452 4158; 05/23/05 4:17PM; 482;Page 3/3 i 2- compliance with this order does not foreclose the Government's options to initiate appropriate legal action or to require the submittal of a permit application. By copy of this letter,I am requesting that the United States Attorney open a file on this unauthorized activity. In accordance with a Memorandum of Agreement between the Department of the Army and the Environmental Protection Agency(EPA)conmmmg federal enforcement of Section 404 of the Clean Water Act,a copy of this notification is being sent to the EPA for review and coordination. My staff will conduct a preliminary investigation to determine whether EPA or the Corps will be the federal agency responsible for evaluating the unauthorized work. You will be notified whether EPA or the Corps will be the agency to work with you to resolve the violation. If you have any questions reprdmg this matter,please contact Jason P.L unnbcrt in our Regulatory Branch at(213)452-3361. I ant forwarding copies of this letter to:Field Supervisor,Ecological Services Field Office,U.S.Fish and Wildlife Service,6010 Hidden Valley Road,Carlsbad,California 92009, U.S Environmental Pmtecbm Agency,Attention:Mr.Tian Vendlioski,Chief,Wetlands Regulatory Office(WTR-8),75 Hawdumte Street:,San Francisco,California 94105,California Department of Fish and Ganw,Attention:Mr.Charles Raysbrook,4949 View Ridge Ave.,San Diego,California 92123; U.S.Department of justice,U-S.Attorney's Office,Attention:Mr.Leon W.Wftdman,Room 7516,Federal Building,300 North Los Angeles Street,Los Angeles, California 90OIZ California Regional Water Quality Coutwt Board,Region S,Santa Anna, Attention:IMr.Gerard j.Thnbeault,3737 Main Street,Saute 5M,Riverside,California 92501-333% City of Huntington Beach,Planning Ueparhiient,2000 Main Street;Hun&%gton Beads,California,92648. Sincerely, George L Beams Chief,Construction- Opevadons Division Enclosures Page: 2 gay G L. BF.AN.S CESPL-CO 4 1q . Z (11) July 18, 2005 -Council/Agency Agenda - Page 11 E-3. (City Council) Accept the State of California Standard Agreement of a Department of Boating and Waterways Grant for$23,000 for Replacement of Boat Pumpout/Dump Station Facility at the Warner Public Dock in Huntington Harbour(600.20)— 1. Accept the grant award of$23,000 from the Department of Boating and Waterways for replacement of the boat pumpout/dump station facility in Huntington Harbour; and 2. Authorize transfer of$23,000 from the designated grant fund into Beach Maintenance Account No. 10045206.64570 after said funds have been reimbursed by the State Department of Boating and Waterways. Submitted by the Community Services Director. Funding Source: New grant revenue not anticipated in the original budget. Approved 7— 0 E-4. CityCouncil A nfowe Lease Agreement between Rex and Larry Gilmore, DBA �� Monroe Pacific Wholesale NurserVa California Partnership and the City of Huntington ��'Weacfi ite Location40449-Easf Adams Avenue at the Santa Ana River) (600.10)— Approve the Lease Between the City of Huntington Beach and Rex Gilmore and Larry Gilmore, DBA Monroe Pacific Wholesale Nursery and authorize the Mayor and the City Clerk to execute the lease. Submitted by the Acting Economic Development Director. Funding Source: Not Applicable. Postponed to a date uncertain. E-5. (City Council) Execute Professional Services Contract with Tatum CIO Partners, LLP for Information Services (IS) Master Plan Project (600.10)—Approve and authorize execution by the Mayor and City Clerk of the Professional Services Contract Between the City of Huntington Beach and Tatum CIO Partners, LLP for Conducting an Information Services Assessment and Development of an Information Services Master Plan. Submitted by the Acting Information Services Director. Funding Source: Current funding for this contract is available in the FY 04/05 budget in Business Unit 10042101.69365. Postponed to a date uncertain. E-6. (City Council) Adopt Resolution 2005-45 for Capital Improvement Programs for the Years 2005/2006 through 2011/2012 for Compliance with Measure M and Proposition 111 Requirements (320.40)—Adopt Resolution No. 2005-45- "A Resolution of the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for the Years 200512006 through 201112012 for Compliance with Measure M and Proposition 111 Requirements. Submitted by the Acting Public Works Director. Funding Source: No funding is required for the resolution. Annual Measure M turnback allocation is approximately $2 million. Adopted 7— 0 E-7. (City Council) Continued from July 5, 2005-Approve Final Tract Map Number 16406 -The Strand at Downtown Huntington Beach 1 Lot Subdivision (Located at blocks 104 and 105 Bounded by Pacific Coast Highway, Sixth Street, Walnut Avenue and the alley between Fifth Street and Main Street) —Approve Subdivision Agreement between the City and CIM/Huntington, LLC (420.60) - 1. Approve Final Tract Map No. 16406 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1); and 2. Approve the Subdivision Agreement By and Between the City of Huntington Beach and CIM/Huntington, LLC for Tract No. 16406 and authorize execution by the Mayor and City Clerk. (ATTACHMENT NO. 6). Attachment No. 1 — Findings for Acceptance of Final Map (1) Final Tract Map No. 16406 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No.