HomeMy WebLinkAboutSURFCREST PARTNERS - 1997-01-06 (3) �. CITY OF .HUNTINGTON BELCH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 21, 1997
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, California 92702
Enclosed please find an agreement for tract 14652 to provide for landscape
services and other improvements in the public right-of-way between the
City of Huntington Beach and Surfcrest Partners, to be recorded and
returned to the City of Huntington Beach, Office of the City Clerk, 2000 .
Main Street, Huntington Beach, California 92648.
Please conform the enclosed copy of the document and return to this office
in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
CB:jc
Enclosures: Agreement Between City of Huntington Beach and Surfcrest
Partners - Tract 14652
g:/fol lowup/deedltr/Seacountry/PLC
(Telephone: 714.536.5227)
be LL)
�° .DPW
/?� R�Q ES_T FO ACTION
-�.�.c.l,� 7`a ell/
,t MEETING DATE: January 6, 1997 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held:
Deferred/Continued to:
Approved _ ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: January 6, 1997 Department ID Number:
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MEMBERS OF CITY COUNCIL
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
PREPARED BY• LES JONES, DIRECTOR OF PUBLIC WORKS I�l�
SUBJECT: Landscape License Agreements, Tracts 14652 and 1465
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(
Statement of Issue:
In order for the Developer, Surfcrest:._ Partners, to provide and maintain landscaping in
conjunction with Tracts 14652 and 14653, and more specifically as shown on the maps
recorded (4/25/96 for 14652 and 6/12/96 for 14653) within public right-of-way, a Landscape
License Agreement must be-executed between the developer and the City of Huntington
Beach as required by Conditions of Approval per C.U.P. #89-62, Tentative Tract #14134.
Funding Source:
None Required
- NtJ1
RCA.DOC 12/07/96 3:47 PM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the Landscape License
Agreement, and authorize the City Clerk to record with the Orange county Recorder.
Alternative Action(s):
Do not approve the Agreements, require the Developer to install two separate landscape
and irrigation systems, thereby requiring the City to maintain the landscape in the public
right-of-way, paying for all maintenance costs from City budgeted funding.
Analysis:
A condition of approval for Tracts 14652 and 14653 required the Developer to enter into an
agreement with the City for maintenance of landscaping and other improvements within the
public right-of-way on Palm Avenue. This allows the developer to integrate the on-site
landscape shceme into public right-of-way resulting in a more aesthetically pleasing
landscape appearance and eliminates City maintenance costs and liability.
Environmental Status:
N/A
AttachmedUs :
ity Clerk's
age Number
.. ..................
...... ............ .
___
_.
__
__
..... .......
1) Landscape License Agreement
2) Exhibits A and B
C n i i of Approval for tentative Tract 14134 and C.U.P. 89-62
3 o dton s
PP
4) Corporation Written Consent Resolution by Board of Directors
RCA.DOC °t' - 12/30/96 11:08 AM
}::•}i}:r4:.}}}:p}:^:^}:^::::::::::::x:x:•;}. .}:i.:::}:...........................}:::}:•}. \. :'}:::•,v::m}.... i}:}:i:r:4'.....................:}:::::::::.:�}:::nw::::................n.....x:::::......}:
...........
� ISSUE DATE M D Y
::%i:[E//:' �R
1 roars 2
PRoduCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
HALLMARK ASSOC INS SERVICE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
SANDLIN&ASSOC INS AGENCY DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
P.O.BOX 769
DOWNEY,CA 90241-0769 COMPANIES AFFORDING COVERAGE
............................................................................................................................................................
COMPANY A GERLING AMERICA INSURANCE
LETTER.
......................................................................................................................................................................
E COMPANY LETTER B INSURANCE CO OF THE STATE OF PA
IN8URE0 44——
-T„4,� �LF6 Sa COMPANY SAFECO INSURANCE
HB SURFCREST PARTNER ,LP LETTER
:.......................................................................................................................................................................
NEW URBAN WEST INC
& J 1 )b197 ? C EETTERN
10 Off- -
Y D GOLDEN EAGLE INSURANCE
520 Broadway,Suite 100 ��� �� '
. ....... ...........................................................................................................................................................
Santa Monica,Ca. 90401 CO .ANY E
ER
..............,.... ....................... .................................................. . .
THIS IS TO CERTIFY THAT THE POLICIES 0 CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
C RTIIF CAIND FE MAY BE ISSUEDNG ANY OR MAYRPERTA N,THE INSURANCE AFFORDED BY THCONTRACT
PO IC ES ESCRIB D HEREITHER N SUBJECT TO ALLT HE TERM THIS
,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
........................................................................................................................................................................................................................................................................................................
CO TYPE OF INSURANCE POLICY NUMBER : POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR: DATE(MM/DDNY) ; DATE(MMND/YY) E
GENERAL LIABILITY GENERAL AGGREGATE ;b 2�QQQ�OQQ
...................................... ...... .........................
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGGR: S 1 yQQQ�QQQ
i :CIAIMS MADE X ; OCCUR. : : PERSONAL 3 ADV.INJURY S 1,000,000
A 8020654G 08/01/96 08/01/97
OWNER'S&CONTRACTOR'S PROT. �j'p OVy EACH OCCURRENCE b 1 rQQQrQQQ
B AS TO P
GAI? H.iiTTOI,r OR FIRE DAMAGE(Any one fire
) ES 0000
........: ...................................................... : ;................................................:...................004...... ...
10 ,
CITY E MED.EXPENSE(Any one person) S 5,000
AUTOMOBILE LIABILITY �1 ` COMBINED SINGLE
By.:
X ?ANY AUTO LIMIT S 1,000,000
ALL OWNED AUTOS �e ilt 1 .BODILY INJURY
L SCHEDULED AUTOS Attorney (Per person)
08/28/97 ........................................
C X HIRED AUTOS SA 4310689 OB/26r96 BODILY INJURY
X NON-OWNED AUTOS (Per accident) S
;...-...... ........................................... ...................................
GARAGE LIABILITY L PROPERTY DAMAGE
ADD'
• INSURED ENDC.; cr'.;' P 'S
EXCESS LIABILITY EACH OCCURENCE i 5 1 Q,OQO,OQQ
B X UMBRELLA FORM 4296 9210 08/01/96 08/01/97 AGGREGATE s 10,00Q QQQ
�....
OTHER THAN UMBRELLA FORM
X :
STATUTORY LIMITS
WORKER'S COMPENSATION
D` AND NWC 322373 02 09/30/96 09/30/97 EaC "•""" ....•...•.,000,000
...:.... ....
1000000
H ACCIDENT S
EASE-POLICY
EMPLOYERS'LIABILITY ................................................DISEASE-POLICY LIMIT
.....'i r000'000
;S
DISEASE-EACH EMPLOYEE S 1
OTHER
A BUILDERS RISK 80106541MP 08/01/96 08/01/97 AMT OF COV 6,000,000
POLICY DEDUCTIBLE 2,500
DESCRIPTION OF OPERATION8A.00ATION8/YEHICLESISPECIALITEMS
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY
ARISING OUT OF INSUREDS OPERATIONS;ALL OPERATIONS.
::>>::::>::>::»:....:>'>:........»>':>::»::»»::»>::><>:>:�IC
ATTN: JUDY D AMICO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH, ITS AGENTS'; EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL9lI>fl111fflP
OFFICERS AND EMPLOYEES :<: MAIL —DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
#? AUTHORIZED REP S NTATIVE
... . . . ....... .... .................... ......... ......................................................................:..:.........::..:::::::.:::::::::::::. .
INSURED: HR SURFCREST PARTNERS LP & NEW URBAN WEST INC
POLICY NO.: 8020654GLP COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
ATTN; JUDY D'AMICO
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule but only with respect to liability arising out of"your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
POLICY NUMBER: 802f86GLP COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
ATTN: DENNIS COULTER
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
(If no entry appears above.information required to complete this endorsement will be shown in the Declarations
as applicable to ;his endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule. but only with respect to liability arising out of "your work" for that insured by or for you.
1D
bo
1 ?5
CONDITIONAL USE PEAT NO. 89-62 WITH SPECIAL ORMITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Thirteen
1 . Parkway landscaping within the public right-of-way of Palm
and Seapoint shall be installed by the developer and
maintained by the developer and/or a homeowners
association(s) in accordance with a parkway license and
t maintenance agreement(s) for each tract .
M. T median in Seapoint Street shall be constructe and
lan scaped by the developer. Developer shall ma ' tain
medi landscaping until the street improvement are
appro d for final inspection.
n. All wall shall be located on private proper y.
o . Tract entra ce medians shall not protrude nto public
right-of-wa
p. A sewer main s all be stubbed out at P m and Seapoint to
serve the Bolsa Chica Linear Park.
q. Developer shall i corporate into la dscape plans the use of
"drought tolerant" lants and turf and native bluff plants
where feasible. Pl must be app owed by Department of
Public Works .
r. Developer shall submit or ap roval by the Department of
Public Works water imp.ro- eme is plans ' showing connections to
all dwellings .
s . Developer shall submit f a proval the hydraulic
calculations to verify ater ystem adequacy.
t. Developer shall desig plans an construct a reclaimed water
system (Green Acres roject) for 11 common areas per City
requirements .
U. Developer will b responsible for pa ment of any applicable
fees adopted in he "upcoming" Water ivision Financial
Master Plan.
V. Low-volume f 'xture heads shall be used in the design of the
potable sys em for each dwelling.
W. All fire ydrants, water mains, services, etc must be
install pursuant to Fire Department and Public Works
standar s, ordinances, and policies . The water ystem shall
be de Gated to the City of Huntington Beach.
FAX
ate
COP)
Number of pages including cover sheet
TO: /J' f: ,, FROM: J. Desmond Bunting
J4J:..1
f,- s.`,Al S`A r H New Urban West. Inc,
320 Broadway, Suite 100.
Santa Monica, CA 90401
Phone 7/11-- 536o 5-67,3 Phone (310) 394-3379, ext. 262
Fax Phone 7/ 3 7 11- /S-9 a Fax Phone (310) 394-6872
I CC.-
REMARKS; Urgent ❑ For your review ❑ Reply ASAP [] Please Comment
r
d lailte� J�j�z+✓li SA.rWI l o,.--G"`
cllo
7� Cnr "''
f Nam'
WRITTEN CONSENT
• OF THE BOARD OF DIRECTORS
OF NEW HB DEVELOPMENT, INC.
The undersigned being all of the directors of New HB Development, Inc., a California
corporation (the "Corporation% hereby consent to and adopt the following resolutions
pursuant to Section 307(b) of the California Corporations Code:
HB HAMPTONS PARTNER= AGREEMENT
RESOLVED, that NUWI - HB Hampton L-P., a California limited partnership
("NUWI - HB Hamptons'�, of which the Corporation is the sole general partner,
execute and deliver a partnership agreement with IHP Investment Fund I, L.P., a
California limited partnership ("IIIP") upon the terms and conditions set forth in the
Agreement of Limited.Partnership of HB Hampton Partners L.P., a California limited
partnership dated as of August 31, 1995 ("Hampton Partnership Agreement!% a copy
of which has been received and reviewed by the Corporation.
RESOLVED FURTHER, that Stephen D. Gunther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute and
deliver on behalf of NUWI HB Hamptons, the Hampton Partnership Agreement
substantially in the form presented to the undersigned and all such fiuther agreements;
documents and instruments as they.deem necessary and-appropriate to effectuate the
transactions contemplated by the Hampton Partnership Agreement
HB HAMPTONS PURCHASE AGREEMENT
RESOLVED, that NUWI - HB Hamptons execute and deliver a purchase and sale
agreement on behalf of HB Hamptons Partrim L.P. with Seacliff Partners, a California
general partnership ("Seacliff Partners") upon the terms and condition set forth in the
Agreement of Purchase and Sale and Joint Escrow Instructions by and between
Seacliff Partners and HB Hampton Partn rs L.P., a California limited partnership
dated as of July 1, 1995 ("Hampton Purchase Agreement"), a copy of which has been
received and reviewed by the Corporation-
RESOLVED FURTHER, that Stephen D. Gunther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute and .
deliver on behalf of N TWI- HB Hampton, as sole general partner of HB Hampton
Partners L.P., the Hampton Purchase Agreement substantially in the form presented to
the undersigned and all such further agreements, documents and instruments as they
deem necessary and appropriate to effectuate the transactions contemplated by the
Hampton Purchase Agreement
SURF CREST PARTNERSHIP AgMEMENI'
RESOLVED, that - Surfcrest L.P., a California h-Ad partnership ("NUWI
Surfcrest"}, of which the Corporation is the sole general partner, execute and deliver a
partnership agreement with IHP upon the terms and conditions set forth in the
Agreement of Limited Partnership of Surfcrest Partners L.P., a California limited
partnership dated as of August 31, 1995 ("Surfcrest Partnership Agreement"), a copy
of which has been received and reviewed by the Corporation. -
RESOLVED FURTHER, that Stephen D. Crrmther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute and
deliver on behalf of NUWI -Surfcrest, the Surfcrest Partnership Agreement
substantially in the form presented to the undersigned and all such further agreements,
documents and instruments as they deem necessary and appropriate to effectuate the
transactions contemplated by the Surfcrest Partnership Agreement
SURFCREST PURCHASE AGREEMENT
USOLVED, that NUWI - Surfcrest execute and deliver a purchase and sale
agreement on behalf of Surfcrest Partners L.P. with Seacliff Partners, a California
general partnership ("Seacliff Partners' upon the terms and conditions set forth in the
Agreement of Purchase and Sale and Joint Escrow Instructions by and between
Seacliff Partners and SmTerest Partners L.P., a California limited partnership, dated as
of July 1, 1995 ("Surfcrest Purchase Agreement', a copy of which has been received
and reviewed by the Corporation.
RESOLVED FURTHER, that Stephen D. Gunther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute and
deliver on behalf of NIM- Surfcrest, as sole general partner of Surferest Partners
L.P., the Surfcrest Purchase Agreement substantially in the form presented to the
undersigned and all such farther agreements, documents and instruments as they deem
,necessary and appropriate to effectuate the transactions contemplated by the Surfcrest
Purchase Agreement
IELLHUR.ST PARTNERSHIP AGREEMENT
RESOLVED, that NIJWI - Hillhurst L.P., a California limited partnership (`NUWI -
Ililhhurst"), of which the Corporation is the sole general partner, execute and deliver a
partnership agreement with III' upon the terms and conditions set forth in the
Agreement of Limited Partnership of H�Ilt hurst Partners L.P., a California limited
partnership dated as of August 31, 1995 ("HMurst Partnership Agreement"), a copy
of which has beers received and reviewed by the Corporation-
RESOLVED FURTHER, that Stephen D. Gunther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute and
deliver on behalf of NUWI -101hurst, the Hrilhurst Partnership Agreement
substantially in the form presented to the undersigned and all such further agreements,
documents and instruments as they deem necessary and appropriate to effectuate the
+ transactions contolated by the Hillhurst Partnership A&ment_
HILLHURST PURCHASE AGREEMENT
RESOLVED, that NUWI - Hitlhurst execute and deliver a purchase and sale
agreement on behalf of Hillhurst Partners L.P. with Westhills Partners, a California
general partnership ("Westhills Partners upon the terms and, conditions set forth in
the Agreement of Purchase and Sale and Joint Escrow Instructions by and between
Westhills Partners and Hillhurst Partners L.P., a California limited partnership, dated
as of July 1, 1995 ("1Eillhurst Purchase Agreernenf% a copy of which has been
received and reviewed by the Corporation-
RESOLVED FURTHER, that Stephen D. Gunther or Glenn W. Cardoso, be and
hereby are authorized in the name and on behalf of the Corporation to execute on
behalf of NUWI- FEMurst, as sole general partner of 011hurst Partners L.F., the
Hillhurst Purchase Agreement substantially in the form presented to the undersigned
and all such further agreements, documents and instruments as they deem necessary
and appropriate to effectuate the transactions contemplated by the Hillhurst Purchase
Agreement.
GENERAL AUTHORIZATION
RESOLVED FURTHER, that Stephen D. Gunther and Glenn W. Cardoso, be and
hereby are and directed to take such further actions as may be necessary or appropriate
to carry into effect the fall intent and purpose of the foregoing resolutions and each of
the referenced Partnership and Pmchase Agreements.
IN WITNESS WHEREOF, the undersigned have executed this written consent.'
effective as of the day of August, 1995.
Stephen D. lk
Director
He W. Carso, Director
1
1 , f •
PLEASE COMPLETE THIS INFATION
RECORDING REQUESTED BY:
Recorded in the county of orange, callfornia
Gary L. Granville, clerk/Recorder
No Fee
AND WHEN RECORDED MAIL TO: 19970038295 11 ;41am 01/27/97
005 17002306 17 16
A'z , Al2 16 7.00 45.00 0.00 0.00 0.00 0.00
P,O , S3oK 1110
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
10
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
60 059-TITLE PAGE(87/95)
LICENSE AGREEMENT BY AND BETWEEN THE
CITY OF HUNTINGTON BEACH AND SURFCREST PARTNERS
TO PROVIDE LANDSCAPING, MAINTENANCE
AND OTHER IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this j&tL day of , 193--L,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and SURFCREST PARTNERS, a California limited-
partnership hereinafter referred to as "LICENSEE."
WHEREAS, in connection with the development of that certain real property located in
the City of Huntington Beach, County of Orange, State of California, and more particularly
described in Exhibit"A" attached hereto ("Property"), LICENSEE requested and was required
by the Department of Public Woks of CITY to provide landscaping, maintenance and other
improvements in the public right-of-way in accordance with plans and specifications submitted
by LICENSEE and approved by CITY; and
LICENSEE has provided for maintenance of a portion of said improvements in public
right-of-way as noted above (hereinafter referred to as "Improvement Area"), which area is
located in the City of Huntington Beach, and more particularly set out and delineated in Exhibit
"B" attached hereto; and
Upon completion of the development of the Property , LICENSEE shall transfer its
rights, and delegate all of its duties hereunder to Surfcrest Corporation, a California mutual
benefit, non-profit corporation (sometimes referred to herein as Association), the members of
which are the owners of residential units within the Property and which will have the
responsibility for maintaining the common areas within the Property; and
By this agreement, the parties hereto desire to clarify and specifically delineate their
respective obligations with respect to the maintenance of the hereinabove described
Improvement Area.
3/k/surfcrst/8/16/96
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. GRANT OF LICENSE
Subject to terms and conditions hereinafter set forth, LICENSEE shall have a
non-exclusive, revocable license (the "License") to use that certain portion of the Property'
defined in Paragraph 2 hereof as the "Improvement Area," for landscaping purposes
During the term of this License, the LICENSEE agrees to maintain the existing
improvements of the area shown in Exhibit"B" and designated thereon as the ".Improvement
Area" in good and satisfactory condition. Maintenance shall include but not be limited to
watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing,
cultivating, edging, performing general planting and trimming or other corrective gardening,
spraying grass and plants with both insecticides and herbicides, and generally keeping the
landscaped area in clean, safe and attractive condition, taking into consideration normal
growth-of the landscape materials and a continuation of the aesthetic quality of the area. The
growth of all plant materials shall not be allowed to grow, nor irrigation be allowed to spray
across or onto any bicycle.path, pedestrian walk or street right-of-way from the edge of the
curb/gutter to the center of the street as designated on Exhibit"B." The Improvement Area
shall be free from weeds, debris and harmful insects at all times. All such gardening and
maintenance practices so performed shall conform to the best maintenance practices and to
the Arboricultural and Landscape Standards Specification, issued by the CITY's Department of
Public Works.
LICENSEE agrees to maintain and keep the Improvement Area in good
condition and repair, free and clear of litter and debris and free from any objectionable noises,
odors or nuisances and to comply with all health and police regulations, in all respects at all
2
Utsurfast/8/16/96
times. LICENSEE agrees to dispose of litter and debris only in receptacles designated by
CITY.
2. LOCATION
r, The Improvement Area shall initially be that portion of the Property labeled
Exhibit"B" attached hereto and made a part hereof by this reference.
3. PLANS AND SPECIFICATIONS
LICENSEE shall perform at LICENSEE's sole cost and expense any and all
refurbishing to the Improvement Area as necessary to bring the Improvement Area into an
operating condition, all in accordance with plans submitted by LICENSEE to CITY, which plans
shall be subject to the prior written approval of CITY.
No changes, modifications or alterations may be made to the Improvement Area
without the prior written consent of CITY
4. DAMAGE TO IMPROVEMENT AREA
In the event any damage is caused to any pathways, sidewalks, curb, street or
utilities as a result of the installation of the landscaped material installed and/or maintenance of
the Improvement Area, LICENSEE or its successors and assigns agree to repair same at their
own expense.
5. MECHANICS' LIEN
LICENSEE agrees not to suffer any mechanics' lien to be filed against the
Improvement Area by reason of any work, labor, services or material performed at or furnished
to the Improvement Area, to CITY or to anyone holding the Improvement Area through or
under the Agreement. Nothing in this agreement shall be construed as a consent on the part
of the CITY to subject the CITY's estate in the Improvement Area to any mechanics' liens or
liability under the mechanics' lien laws of the State of California.
3
3/k/surfcrst/8/16/96
-t
6. ASSIGNMENT
The License herein granted is personal to LICENSEE and is non-assignable.
Any attempt to assign the License automatically terminates the License. Other than the
License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or
estate of any kind or extent whatsoever in the Property arising out of the License or out of
LICENSEE's use or occupancy of the Improvement Area, whether now existing or arising at
any future time.
This License is appurtenant to the Property and may not be separately assigned
apart from the Property or the interests therein, it being understood that the delegation and
assignment of Association or a similar organization having the same qualifications for
membership and formed for the same purposes as Association, shall be deemed to be valid
assignment. LICENSEE shall give notice in writing to CITY of each such assignment and
delegation;-such notice shall include the mailing address of the delegee, and will become the
delegee's address for service of notices.
7. TERM
The term of this License shall be perpetual, provided that CITY may at any time
terminate this License upon thirty (30) days written notice to LICENSEE. In the event of any
such termination, LICENSEE and its successors and assigns shall be obligated to restore the
improvements, including the plantings and irrigation systems, to their condition at the time of
the original installation and to satisfy all CITY requirements pertinent to restoration of the
Improvement Area. The LICENSEE or its successors in interest shall be required to
disconnect the water and electrical supply source from the Property and to construct and
reconnect a new water and electrical supply source to the Improvement Area irrigation system
to the satisfaction of CITY.
4
3/k/surfcrst/8/16/96
Upon the expiration or earlier termination of the License, LICENSEE shall quit
and surrender the Improvement Area with all improvements thereon.
8. APPLICABLE LAW
LICENSEE shall, at its sole cost and expense, faithfully observe in the use and
occupation of the Improvement Area all municipal ordinances, and all state and federal
statutes now in force and which may hereafter be in force, and shall fully comply, at its sole
expense, with all regulations, orders, and other requirements issued or made pursuant to any
such ordinances and statutes. All building permits, business licenses and other applicable
permits and licenses shall be secured and paid for by LICENSEE.
9. UTILITIES
LICENSEE shall bear the expense of electricity and any other utility necessary
to the operation of the License Area pursuant to this License. LICENSEE shall be solely
responsible for using such utilities in a safe and hazardless manner, complying in-all respects
with applicable codes and ordinances.
10. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, LICENSEE or its successors or
assigns acknowledges awareness of Section 3700 et seq. of said code, which requires every
employer to be insured against liability for workers compensation; LICENSEE covenants that it
will comply with such provisions prior to commencing performance of the work hereunder.
LICENSEE shall maintain such Workers' Compensation Insurance in an amount
of not less than One Hundred Thousand Dollars ($100,000) bodily.injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit, at all times incident hereto, in forms and underwritten by insurance companies
satisfactory to CITY.
5
3/k/surfcrst/8/16/96
11. INSURANCE
LICENSEE or its successors and assigns shall carry at all times incident hereto,
on all operations to be performed hereunder, in the public right of way as contemplated herein,
a policyW general public liability insurance, including motor vehicle coverage covering the
Property. Said policy shall indemnify LICENSEE, its officers, agents and employees, while
acting within the scope of their duties, against any and all claims arising out of or in connection
with the Property, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a .
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the Property shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
Under no circumstances shall said abovementioned.insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the`required coverage.
12. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, LICENSEE shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
6
3/k/surfcrst/8/16/96
4. shall state as follows: "The above detailed coverage Is not subject to any
deductible or self-insured retention, or any other form of similar type
limitation."
LICENSEE shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by LICENSEE under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. _LICENSEE shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE's
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any.payment hereunder.
13. INDEMNIFICATION AND HOLD HARMLESS
LICENSEE hereby agrees to protect, defend,.indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments,
costs and demands, however caused, including those resulting from death or injury to
LICENSEE's employees and damage to LICENSEE'S property, arising directly or indirectly out
of the grant of License herein contained, including those arising from the passive concurrent
negligence of CITY, but save and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of CITY.
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorneys' fees.
7
3/k/surfcrsV8/16/96
14. RULES AND REGULATIONS
LICENSEE or its successors or assigns as the case may be, agrees to obey and
observe (and cause its officers, employees, contractors, licensees, invitees and all other doing
business with LICENSEE to obey and observe) all rules and regulations of general applicability
regarding the Property as may be established by CITY at anytime and from time to time during
the term of this Agreement.
15. DEFAULT
In the event LICENSEE or its successors and assigns does not maintain the
Improvement Area in an adequate manner, CITY shall cause such maintenance to be
performed adequately and all costs incurred shall be assessed to and billed directly to the
LICENSEE. Payment shall be due within ten (10) days of billing.
16. COVENANT
LICENSEE for itself, its-successors and assigns, agrees that this instrument
shall be a covenant running with the land, binding upon and inuring to the benefit of the owner
of the Common areas of the Property, as the burdened parcels, and its respective successors
in interest, heirs, personal representatives, and inuring to the benefit of CITY, as the owner of
the Improvement Area, as the benefited parcel, provided, however, that upon conveyance of
the common areas of the Property, including without limitation, LICENSEE's transfer thereof to
Association, the transferor shall be released from all duties under this Agreement arising after
the date such transferor shall have given notice of assignment in writing to CITY.
17. ' NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or
to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, addressed as follows:
8
3/k/surfast/8/16/96
TO CITY: TO LICENSEE:
Les Jones, Director of Public Works Surfcrest Partners
City of,Huntington Beach 520 Broadway, Suite 100
2000 Main Street Santa Monica, CA 90401
Huntington Beach, CA 92647
18. CAPTIONS AND TERMS
The captions and section numbers appearing in the Agreement are for
convenience only and are not a part of the Agreement and do not in any way limit, amplify,
define, construe or describe the scope of intent of the terms and provisions of this Agreement,
or in any way affect this Agreement.
19. RECORDATION
This agreement shall be recorded with the County Recorder of Orange County,
California.
20. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
REST OF PAGE NOT USED
9
3/k/surfcrst/8/1 si96
21. ENTIRETY
The foregoing, and the attachments hereto, set forth the entire Agreement
between the parties.
x1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
SURFCREST PARTNERS, L. P., a California CITY OF HUNTINGTON BEACH,
limited partnership a municipal corporation
of the State of California
By: NUWI-Surfcrest L. P.,a California Limited
Partnership, General Partner
By: New HB Development, Inc.,a California Mayor
Corporation,General Partner,
��yBy: ATTEST-
_
General Partner
qFz,� City Clerk
p nt name
APPROVED AS TO FORM:
REVIEWED AND A.PPRQVEFn4
Cit Attorney
�'ta4 Ib °i�v 1 L t
City Administrator ,y �� � 6 1�S�
`�`z
INI D N PPROVED
Direct r of�rc
orks
10
3/k/surfcrst/8/16/96
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH
SURFCREST PARTNERS TO PROVIDE LANDSCAPING
AND OTHER IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
TABLE OF CONTENTS
Page No.
1. GRANT OF LICENSE 2
2. LOCATION 3
3. PLANS AND SPECIFICATIONS 3
4. DAMAGE TO IMPROVEMENT AREA 3
5 MECHANICS' LIEN 3
6. ASSIGNMENT 4
7 TERM 4
8. APPLICABLE LAW 5
9. UTILITIES 5
10. WORKERS COMPENSATION 5
11. INSURANCE 6
12. CERTIFICATES OF INSURANCE 6
13. INDEMNIFICATION AND HOLD HARMLESS 7 '
14. RULES AND REGULATIONS 7
15. DEFAULT 7
16. COVENANT 8
17 NOTICES 8
18. CAPTIONS AND TERMS 8
19. RECORDATION 8
20. ATTORNEY FEES 9
21. ENTIRETY 9
agreeWsurfcrstU)6/16/96
EXHIBIT"A"
LEGAL DESCRIPTION FOR
LICENSE AGREEMENT FOR TRACT NO. 14652
TRACT NO. 14652, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE Or CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 23'/PAGES
THROUGH- OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
ALDEN & EXHIBIT "A"
SSOCIATES LEGAL DESCRIPTION FOR
LICENSE AGREEMENT FOR TRACT NO. 14652
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0755-273-2X5 Date 2/12/96
18012 COWAN,SUITE 210 • IRVINE,CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 1
714/660-0110 FAX:660.0418
lR��� \ ® INS IAA7F5 IMPROVEMENT
5
5
6 5 \ 10
2 12 i
SCALE: 1"=80'
t
13
r 1_�
1 14
t
r 15 i t
_ 3 1s 5'
17 ,5, 501
4 5
10 a,
la
6
kLDEN & EXHIBIT °B"
AGR
S S O C IAT E S SST FOR RAGTH FOR �NO. 14652► N7
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0755-273-2X5 Date 2/121%
(714) 660-0110 FAX: 660-0418 En r.---D.LChk. D•W Sheet 1 Of_—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On October 21, 1996 before me, Barbara T_.- Schlueter, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Stephen Gunther
Name(s)of Signer(s)
❑personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),
16BARBARAL SCHUMER or the entity upon behalf of which the person(s) acted,
ComrrdWm*11OD171
Noa,y executed the instrument.
MYCQffMBq*eSjUn9.2W WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: License Agreement
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
Corporate Officer C Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
El Attorney-in-Fact C Attorney-in-Fact
Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here [' Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827
CALIFORNIA ALL-PURPOL ACKNOWLEDGMENT
State of
County ofci
6a�
On Qpr�� J�.99 7 before me, 0Z �u Bx � Pi�
72d 91 � )
6/• Date �I�' Name Title o fficer(e.g.,"Jane Doe,Notary Public")
personally appeared �aQ a ft_ l Gs�r�rs�c�
Name(s)of Signer(s)
Pfersonally known to me— to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
MAYBRICE L.JOHNSON same in his/her/their authorized capacity(ies),and that by
z �_�,, COMM. 991835 his/her/their on the instrument the person(s),
z 6 Notary Public—California or the entity upon behalf of which the person(s) acted, .
ORANGE COUNTY
My Comm.EXPires MAY 11,1997 executed the instrument.
WITNESS my hand and official seal.
SignaturefM Notary Public
cza
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: I I (o 19-1 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 4t4cw Signer's Name: . .6..�.. ;.�
El Individual ❑ Individual
.Corporate Officer C Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
Trustee ❑ Trustee _
❑ Guardian or Conservator MT
❑ G ardian or Conservator `-•
: Other: `y fdL .Top of thumb here �heC; Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827