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Caltrans and Bella Terra Associates LLC - 2006-09-18
ins z tom, (,/A S Y Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied . City WsAignae Council Meeting Date: September 18, 2006 Department ID Number: PW 06-062 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C OUNCIL MEMBERS SUBMITTED BY: PEN OE L PBRET GH RAFT T MINISTRA OR PREPARED BY:-4 OBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC ORKS SUBJECT: Approve the Bella Terra Landscape License Agreement and Caltrans State Highway Planting Maintenance Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Conditional Use Permit No. 99-45, and Site Plan Review No. 02-01 requires the Applicant, Bella Terra Associates, LLC, to provide a Landscape License Agreement. The Bella Terra project is located on Edinger Avenue between Beach Boulevard and the railroad tracks just east of Gothard Street, and adjacent to Center Avenue. Funding Source: No funding is required for this action. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute and record the Landscape License Agreement between the City of Huntington Beach and Bella Terra Associates, LLC; and 2. Approve and authorize the City Administrator and City Clerk to execute the State Highway Planting Maintenance Agreement between the City of Huntington Beach and The State of California Department of Transportation. Alternative Action(s): Do not approve the Landscape License Agreements. This action will prevent Bella Terra Associates from meeting the City's conditions of development for the Bella Terra project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 18, 2006 DEPARTMENT ID NUMBER: PW 06-062 Analysis: The Applicant is required to provide a Landscape License Agreement to ensure the continuing maintenance of landscape improvements within the public right-of-way areas along Center Avenue within the developed site. In addition to the public right-of-way, there is a section of Caltrans right-of-way adjacent to Center Avenue that also is to be maintained by Bella Terra Associates, LLC. The City of Huntington Beach will enter into a State Highway Planting Maintenance Agreement with Caltrans to maintain the Caltrans landscaped area and will then assign the maintenance thereof to the Bella Terra site with the Landscape License Agreement between the City of Huntington Beach and Bella Terra Associates, LLC. Environmental Status: Not Applicable. Attachment(s): 1. Landscape License Agreement (duplicate originals) between Bella Terra Associates, LLC and the City of Huntington Beach. A Location Map of the overall Bella Terra site showing both Public and Caltrans Right -of -Ways is attached to each copy as Exhibit B. 2. State Highway Planting Maintenance Agreement (duplicate originals) between the City of Huntington Beach and Caltrans. A Location Map enlarged to show the Caltrans Right -of -Way is attached to each copy as Exhibit A. -2- 8/3112006 9:37 AM ATTACHMENT #1 RDING REQUESTED BY ,ND WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH P.O. BOX 190 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTN: CITY CLERK Recorded in Official Record Torn Daly, Clerk -Recorder s,Orange County I IIIiII IIIN IB111111111111111111111111111111111111111111111111111111111111 N 2006000666245 08:20am 1FEE 213 160 A 12 14 0�06�06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FOR RECORDER'S USE ONLY Beach, as conorriphftd underT Government Code Sec 6103 and ahorald tit recorded free of // LICENSE AGREE$NT BETWEEN THE CITY OF HUNTINGTON BEACH AND BELLA TERRA ASSOCIATES LLC This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company, hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California (the "Property"), which is a commercial retail shopping center commonly known as The Bella Terra Shopping Center and more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference; and WHEREAS, City is the owner of certain public rights -of -way and other property adjacent to the Property (the "Improvement Area") which Improvement Area is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, in connection with and as a condition of approval for the development of the Property as a commercial retail shopping center, Licensee is being required by City to provide certain landscaping and improvements in and to the Improvement Area in accordance with plans and specifications submitted by Licensee and as reasonably approved by City; and By this Agreement, City and Licensee desire to clarify and specifically delineate each of their respective obligations with respect to the installation of landscaping and improvements on the Improvement Area and the maintenance of the Improvement Area. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, City and Licensee covenant and agree as follows: 1. Grant of License.' Subject to terms and conditions hereinafter set forth, City hereby grants to Licensee, a non-exclusive, revocable license ("License") to use the Improvement Area for installation, repair, maintenance and replacement of the Licensee's Improvements (as defined in Section 3(a) hereinbelow). 2. Term. The term of the License (the "Term") granted herein shall be perpetual, provided that City may terminate this License upon forty-five (45) days written notice to Licensee. In the FABRL\Clients\DJM\Parkway Lic Agt.DOC event of any such termination Licensee or its successors -in -interest shall be required to disconnect the water and electrical supply source from the Improvement Area and construct and reconnect the utilities serving the Improvement Area to an alternate source to the satisfaction of City. 3. Description of Improvements. a. Licensee's Improvements. The improvements within the Improvement Area (hereinafter referred to as the "Licensee's Improvements") for which Licensee shall assume the obligation to repair and maintain in accordance with the terms of this Agreement are the following: i. Landscaping, Irrigation System, and Plant Material. Plants and trees in accordance with the landscaping plans submitted by Licensee and approved by the City, and the irrigation systems serving the same; and ii. Shopping Center Monument Sign. To be constructed and installed, and thereafter repaired and maintained by Licensee in accordance with plans and specifications to be approved by City. b. Other Improvements. All other improvements within the Improvement Area which were installed by and which are owned by the City and/or California Department of Transportation shall be maintained and repaired by the City and/or California Department of Transportation, as the case may be, including without limitation, all street improvements and utilities, traffic signals, curbs, gutters, asphalt paving, light standards and signage not described in Section 3(a) above, and the foregoing shall not be deemed to be Licensee's Improvements. 4. Maintenance Standards. During the Term hereof, Licensee agrees to maintain the Licensee's Improvements to be installed on the Improvement Area in good and satisfactory condition. a. Installation of Improvements on the Improvement Area. The improvements shall initially be installed as depicted on those certain plans and specifications approved by the City. b. Maintenance of Trees and Plants. Licensee's maintenance obligations shall include, but not be limited to, watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Area in a clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Area. During the Term hereof, Licensee's maintenance obligations with respect to the Improvement Area include, but are not limited to, performance of all of the following at no cost or expense to City: i. To provide and apply fertilizer as necessary to sustain healthy growth; ii. I To maintain a separate irrigation system and pay for all repairs, water and electrical costs associated therewith; iii. To keep plantings trimmed to aesthetically pleasing appearance; iv. To control weeds at a level reasonably acceptable to the State of California and allow access to any State owned facilities located on, in or around the Improvement Area; v. To use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions; vi. To remove and replace unhealthy or dead plantings as they are observed; vii. To keep the entire Improvement Area free from litter and deleterious materials; viii. To maintain, repair and operate irrigation system serving the Improvement Area in a manner that prevents water from flooding onto surrounding right-of-ways; ix. To allow reasonable inspections by a State of California representative; x. To replace landscaping, to the extent reasonably necessary, throughout the duration of the Term; xi. To remove landscaping and restore the Improvement Area to its original condition following termination of the Term pursuant to Section 2 hereof. c. Gardening Standards. The growth of all plants in the Improvement Area shall be controlled and maintained so that none protrudes into street, bicycle or other public access areas so as to obstruct or hinder vehicular or pedestrian traffic. The Improvement Area shall be maintained reasonably free from weeds, debris and harmful insects at all times. All such gardening and maintenance practices so performed by Licensee shall conform to the best maintenance practices set forth in the City's Arboricultural and Landscape Standards Specification, as issued by the Department of Public Works. d. Signagee. Licensee shall repair and maintain any shopping center signage constructed and installed on the Improvement Area, and this obligation shall survive the expiration of this Agreement. Utilities. Licensee shall modify the existing irrigation system in order to cause it to adequately irrigate the Licensee's Improvements installed in the Improvement Area, and shall connect the same to the irrigation system for the Property. Upon termination of this License by the City (if it is so terminated as provided in Section 2 hereinabove), Licensee shall be obligated to disconnect any and all water and electrical supply source which is provided from the Property to the Improvement Area (if any) and to provide and construct new connections for the water and electrical supply sources for operation by the City (or its designee) to the Improvement Area irrigation system to the reasonable satisfaction of City. During the Term hereof, Licensee shall bear the expense of electricity, water and any other utilities serving the Improvement Area, and all such utility systems shall comply with applicable laws, codes and ordinances. Plans and Specifications. Licensee shall perform, at its 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 and specifications as submitted by Licensee to City, which plans and specifications shall be subject to the prior written approval of City, not to be unreasonably conditioned, withheld or delayed. 6. Material Alterations. After the approval of the plans and specifications and the installation of the Licensee's Improvements in the Improvement Area in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Area without the prior written consent of City. 7. Installation Damage; Damage to Improvement Area During the Term. In the event any damage is caused to any pathways, sidewalks, curbs, streets or utilities as a result of the installation of the landscaped material installed on the Improvement Area or maintenance of the Improvement Area, Licensee agrees to repair same at its own expense. In the event that damage to the Improvement Area and/or the Licensee's Improvements therein occurs at any time during the Term hereof, whether caused by Licensee or by any third parties, or in the event any landscaping rots or dies, or any equipment serving the Improvement Area is damaged, destroyed or stolen, any such damaged items or such rotten or dead plant materials shall be replaced or restored by Licensee promptly following such damage or destruction. Stolen items shall be considered destroyed for purposes of this Section 7. 8. Repair by Ci1v_. In the event any damage is caused to any of the Licensee's Improvements within the Improvement Area as a result of the installation, maintenance and/or repair work performed by the City or its contractors, agents or employees within the Improvement Area, City shall promptly repair the same at its own expense. 9. Cooperation. In the event both Licensee and City are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them. To the extent maintenance of any of the Licensee's Improvements require access to any real property owned by the California Department of Transportation, rather than City, City shall cooperate with Licensee by contacting said California Department of Transportation on behalf of Licensee in order to obtain the necessary permits, approvals and/or agreements required to permit Licensee such access. Notwithstanding the foregoing, City shall repair any Improvements owned by City in accordance with Section 3(b) hereinabove. 10. Mechanics Liens. Licensee agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Area by reason of any work, labor, services or material performed at or furnished to the Improvement Area, by or through Licensee, or to anyone holding the Improvement Area through or under the Agreement. Nothing in this Agreement shall be construed as consent on the part of the City to subject the City's estate in the Improvement Area to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 11. Failure to Maintain. In the event Licensee does not maintain the Licensee's Improvements, City shall first deliver notice of such claimed failure in accordance with Section 19 hereinbelow; thereafter if Licensee fails to cure before expiration of the applicable cure period, City may cause such maintenance to be performed and all costs thereby incurred shall be assessed to and billed directly to Licensee. Payment shall be due no later than thirty (30) days after receipt of invoice (which invoice shall include copies of paid invoices evidencing the reasonable and actual costs incurred). In the event City fails to perform its obligations hereunder after a reasonable period of time, including, but not limited to, repairing any damage to Licensee's Improvements, Licensee shall first deliver notice of such claimed failure in accordance with Section 19 hereinbelow; thereafter if City fails to cure before expiration of the applicable cure period, Licensee may cause any such work to be performed and City shall promptly reimburse Licensee an amount equal to the actual costs incurred by Licensee to repair such Licensee's Improvements, which reimbursement shall be due no later than thirty (30) days after receipt of invoice (which invoice shall include copies of paid invoices evidencing reasonable and actual costs incurred). 12. Assignment. Except as expressly provided below, the License granted herein to Licensee may not be assigned by Licensee. Notwithstanding the foregoing, Licensee may assign its rights and delegate its duties hereunder to any successor -in -interest of Licensee who succeeds to the ownership interest of Licensee as the owner of the Property. Upon such assignment, the assignor shall be automatically released from its obligations accruing hereunder from and after the effective date of such assignment. The License granted herein is appurtenant to the Property and may not be separately assigned apart from the ownership interest in and to the Property. Licensee shall give notice in writing to the City, in accordance with Section 21 hereof, of any assignment of the rights and obligations of Licensee hereunder, and such notice to the City shall include the notices address of the assignee, which such notice shall become the assignee's address for service of notices in accordance with Section 21 hereof. 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 Improvement Area arising out of this Agreement and the rights and obligations conferred upon Licenssee hereunder and/or out of Licensee's use or occupancy of the Improvement Area, whether now existing or arising at any future time. 13. Workers Compensation Insurance. Pursuant to California Labor Code § 1861, Licensee acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. Licensee covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this License. Licensee shall maintain such Workers' Compensation Insurance in an amount of not less than 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 reasonably satisfactory to City. Licensee shall require all subcontractors retained by Licensee to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. 14. Insurance. Licensee shall carry at all times incident hereto, on all activities to be performed in the Improvement Area as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to City. Said insurance shall name the City, its officers, agents, and employees as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Licensee concerning the Improvement Area shall be deemed excess coverage and that Licensee's insurance shall be primary. Licensee shall subscribe for and maintain said insurance policies in full force and effect during the Term of this Agreement, in an amount not less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, Licensee shall immediately notify City of any known depletion of limits. Licensee shall require its insurer to waive its subrogation rights against City. 15. Certificate of Insurance; Additional Insured Endorsements. Prior to conducting any activity pursuant to this Agreement, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy; and shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to City. Licensee shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of Licensee under this Agreement. City or its representative shall at all times have the right to demand 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 Licensee's liability policy as required hereunder, naming the City, its officers and employees, as Additional Insureds, shall be provided to the City Attorney for approval prior to the commencement of any work by Licensee pursuant to this Agreement. 16. 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 or the activities to be undertaken by Licensee concerning the Improvement Area, caused in whole or in part by any negligent act or omission of the Licensee, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "Licensee Parties"), including but not limited to concurrent active or passive negligence of the Licensee Parties, except to the extent caused by the negligence or willful misconduct of City or any of its agents, contractors, subcontractors, officers, or employees. Licensee shall conduct any defense required hereunder at its sole cost and expense. Licensee agrees to indemnify and hold City harmless from and against all claims or liens of Licensee's workers and material suppliers retained by or engaged by Licensee to perform any obligations pertaining to the Improvement Area in accordance with this License. 17. Independent Contractor. Licensee agrees that all work done or undertaken by it on the Improvement Area shall be for its sole account and not as an agent, servant or contractor for City. 18. Rules and Regulations. Licensee agrees to obey and observe (and to cause its officers, employees, contractors, licensees, invitees and all others doing business with Licensee to obey and observe) all rules and regulations of general applicability regarding the Improvement Area as may be reasonably established by City at any time and from time to time during the Term of this Agreement. 19. Default. In the event Licensee does not maintain the Improvement Area in an adequate manner, City shall first provide written notice to Licensee at the address for notices provided in Section 21, describing the alleged default by Licensee. If Licensee fails to cure said default within ten (10) business days following the date of delivery of such notice of default, City may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the Licensee. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from Licensee shall be due within thirty (30) days following the date of receipt of invoice. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition to the amounts actually incurred and not timely repaid as required hereunder, one and one half percent (1 %%) interest (compounded monthly) shall be added for each month payment hereunder is due but unpaid. 20. Covenants Run With the Land. Licensee (for itself, and its successors and assigns) agrees that this Agreement and the rights and obligations contained herein run with the land, and are binding upon and shall inure to the benefit of the owner of the Property, as the burdened parcels, and the rights, and obligations contained herein shall bind and inure to the Licensee's successors in interest, assigns, heirs, executors, and/or personal representatives. This Agreement and the covenants contained herein inures to the benefit of City as the owner of the Improvement Area, as the benefited parcel. 21. 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 and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: TO CITY: TO LICENSEE: Director of Public Works City of Huntington Beach BELLA TERRA ASSOCIATES, LLC 2000 Main Street c/o DJM Capital Partners Huntington Beach, CA 92647 60 S. Market Street, Suite 1120 Tel: (714) 536-5437 San Francisco, California 95113 Facsimile: (714) 374-1573 Attn: Mr. Eric Sahn Tel: (415) 271-0366 Facsimile: (415) 271-0377 WITH A COPY TO: HUNTINGTON CENTER ASSOCIATES, LLC 7777 Edinger Avenue, Suite 300 Huntington Beach, California 92647 Attn: Mall Manager Tel: (714) 897-2534 Facsimile: (714) 799-2603 22. 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. 23. Recordation. This Agreement shall be recorded in the Official Records of the County of Orange, State of California. 24. Non -Exclusivity. This License is non-exclusive, and the Improvement Area shall at all times be open to use by the general public. 25. Nondiscrimination. Licensee agrees that in the performance of this Agreement and use of the Improvement Area it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 26. Cooperation. Licensee and City each shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including but not limited to, performing any acts, executing any further documents, delivering any required approvals and consents, that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 27. Interpretation. If any provision of this Agreement shall be deemed to be invalid, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 28. Entire Agreement. This instrument contains the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, signed by the parties to be charged. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on this day of September, 200 F . LICENSEE: BELLA TERRA ASSOCIATES, LLC, a Delaware limited liability company By: 9— X��� Name: t - J�j(o . Title: V - P CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ty Clerk A PROVED AS TO FORM: City Attorney Gf'I�I 2t�1o5 LED AND APPROVED: l Director of Public orks State of California ss. County of GU c On 'T 2005, before me„�CbA &Lj_jp5 , Notary Public, personally appeared :L- 2I �_ SA-u rJ , 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), or the entity upon behalf of which the person(s) acted, executed the instrument. SS y and and official sea]. L4DIMGWn"on # 1516i.1tf Notary (Seal) „y tic . CONOMM Santo claroo county V Comm. Ex;*w Oct 1, 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1�C(� �. County of �%' ss. OnlzrLC' before me, .�•rS , ����� Date Name and Title of Officer (e.g., "Jane floe, Notary Public") personally appeared-2 Name(s) of Signer(s) ------------ 1• - I personally known to me ❑ 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 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: L/Gei'J -7 r ,X, Document Date: Signer(s) Other Than Named Above: �i1C `'� 1 r ✓%j7� Capacityties) Claimed by Si nerO Signer's Name: "Da 41, V, 1 ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General NO ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Repr enting: -f - Number of Pages: Vg Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator , Other: � {ril—I, Siqper Is Re re ntin 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "A" DESCRIPTION OF THE LAND THAT CERTAIN PROPERTY LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: Parcels 2 through 9 inclusive of Parcel Map No. 86-200, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in book 255, pages 40 to 45 inclusive of Parcel Maps, in the office of the County Recorder of said County. Except those portions of Parcel A (being portions of said Parcels 4 and 8) conveyed to the City of Huntington Beach, a municipal corporation by deed recorded May 1, 1991 as Instrument No. 91- 209426 of Official Records. Also except that portion of Parcel A lying below a depth of 500 feet, measured from the surface of said land. Also except from a portion of Parcel A (being Parcels 4, 5, 6, 7, 8 and a portion of Parcel 2) an undivided 55% interest in all the land lying more than 500 feet below the surface, but none of the land lying above a depth of 500 feet below the surface of the lands with no right of surface access or use of the lands lying more than 500 feet below the surface, hereinafter referred to as "said land" for the purposes of exploring and prospecting for (by geological, geophysical and all other means whether now known or not), drilling for, producing, savings, taking and owning oil, gas, asphalt and other minerals, whether similar or dissimilar to those herein specified and including fissionable materials collectively hereinafter referred to as "said substances" in, under or that may be produced from said land, together with all rights, privileges and easements useful or convenient for operations in said land, in adjacent or contiguous lands, and in other lands in the same vicinity, including, but not limited to: (1) Subsurface rights of way for drilling, repairing, redrilling, deepening, maintaining, operation, abandoning, reworking and removing wells to, in, into and through said land. (2) The right to conduct operations by methods now known or unknown which are reasonably designed to benefit or facilitate the drilling for, or production of said substance from said land. (3) The unrestricted and exclusive right, power and authority to produce said substances beneath or recoverable from said land, and to exercise all other rights and privileges herein set forth by means of any well or mines, which are slant drilled from surface drill sites located on such other lands and the producing intervals of which are bottomed in said land, and (4) The right to drill a well or wells or use any existing wells, to, in, into or through said portion of said land, for the purpose of injecting into said portion of said land, into other lands, oil, gas, air, water or other liquid or gaseous substances, including the right, from time to time to ignite or otherwise activate any or all of such substances so injected or any or all of said minerals and materials described herein within said portion of said land or other lands, reserved in deed recorded April 4, 1986 as Instrument No. 86-136183 of Official Records and re -recorded August 13, 1986 as Instrument No. 86-360236 of Official Records. PARCELB: Easements for ingress and egress, automobile parking, pedestrian uses, installation, operation and maintenance of separate and common utility lines, structure support, signs, and other shopping center uses, all as more particularly defined and described in that certain Construction, Operation and Reciprocal Easement Agreement recorded August 4, 1965 in book 7617, page 539 as amended by those certain amendments and/or assignments recorded in book 11087, page 1770, in book 11091, page 983, as Instrument No. 87-406989, as Instrument No. 87-286916, as Instrument No. 94-0631636, and as Instrument No. 19990792109, all of Official Records. PARCEL C: An easement for the construction and maintenance of a box culvert and related improvements, and for pedestrian and vehicular ingress, egress and parking over a strip of land located between the one hundred fifty (150) foot wide Southern California Edison right of way and Center Drive, all as more particularly defined and described in that certain easement and maintenance agreement recorded September 18,1987 as Instrument No. 87-528707 of Official Records. IMPROVEMENT AREA PER PUBLIC R.O. THE LICENSE AGREEMENT PUBLIC R.O.W. ----------------------------- -� - - - - - - - - - -CENTER AVENUE - - - - - - - - - - - - - - - - Q X i' A A( Rh I. lililll UII, .... } ) i� � Illlllllil)III�III)IIIJIJIIIII; a:; •;� C,� �11;unlliiinlulnlnilllnl i. � ., I • ; I —ate= � - ;;� n l l�n slllis �6 WatiJ>olnla �is1__�-ems P BLIC R.O.W. CAL TRANS R.O.W. V. IMPROVEMENT AREA PER THE LICENSE AGREEMENT CAL TRANS R.O.W. hmh %OEM lit 1 1, r eiiiunni PHASE i II�In� I AjjA ............................ I' I EGINGERAVENUE 0 ACORDM CERTIFICATE OF LIABILITY INSURANCE osi3oii6 PRODUCER (949)851-3836 FAX (949)851-8929 Carmack Insurance 20162 S.W. Birch St. Suite 3SO Newport Beach, CA 92660 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bella Terra Associates, LLC c/o DIM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 INSURERA: Fireman's Fund Insurance Company 21873 INSURERS: INSURERC." INSURERD: INSURERE: nnvFRAnFA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADWL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MXX80856897 05/07/2006 05/U7/2007 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRE 1—ce) $ 100,00( CLAIMS MADE I OCCUR MED EXP (Any one person) $ 5,00( A PERSONAL & ADV INJURY $ 11000100 IR No Deductible or GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00( POUCY ECT X LOC TERRORISM IS INCLUDED AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS AS TO FORM BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS ER TTQ TH Y BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY XAU77461796 05/07/2006 05/07/2007 EACH OCCURRENCE $ 20, 000, 00 X OCCUR CLAIMS MADE AGGREGATE $ 20,000,000 A $ $ HDEDUCTIBLE x RETENTION $ TERRORISM IS INCLUDED $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate.Holder is named as Additional Insured per the Additional Insured Endorsement CG20261185, s respects to the premises located at: 7881-7651-7731-7777 Edinger Avenue, Huntington Beach, CA 92647. ndorsement CG72530905. City of Huntington Beach, Its Agents, Officers and Employees and the Redevelopment Agency of Huntington Beach at 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *161€XXXXX MAIL __3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i(�i(Ki!(&�ifdC�f diJ(�Yidf�l(XdGIiXiX)4J�lI�C1(d(Df�6Yc�fJf i6?(�61EXX,IXXIfiKiX�1(XX AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ll f09TIVE \ If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Additional Coverages and Factors 05/05/2006 Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type General Aggregate 2,000,000 Products/Completed Ops 2,000,000 Aggregate Personal & Advertising 1,000,000 Injury Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 5,000 Rate Premium Factor Fimnan's Fund POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC PORTFOLIO CHANGE ENDORSEMENT Effective 05/07/06, 12:01 A.M., Standard Time at the address of the insured Sequential Endorsement Number 004 This is an Endorsement only. Other than changes shown, all other pre-existing coverage remains in full force and effect. Premium adjustments are shown. PREMIUM SUMMARY: ADDITIONAL PREMIUM DUE NOW $0.00 Terrorism Risk Insurance Act -Certified Acts Coverage - All Coverages excl WC and Umbrella - Covered $0.00 The following General Liability endorsement(s) are added to.the policy and apply as shown: AMENDMENT TO CONDITION 4. OTHER INSURANCE (CG 72 53 09 05) The following other General Liability endorsement(s) are added to the policy and apply as shown: ADDITIONAL INSURED"- DESIGNATED PERSON OR ORGANIZATION CG2026 1185 THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: NAME OF ADDITIONAL INSURED.PERSON(S) OR ORGANIZATIONS) CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND :EMPLOYEES AND THE REDEVELOPMENT AGENCY:OF HUNTINGTON BEACH @ 2000MAIN STREET, HUNTINGTON BEACH, CA 92648 " Countersignature of Authorized Agent: Date 08/29/06 Producer CARMACK INSURANCE (NEWPORT) 20162 S.W.BIRCH ST STE'350 NEWPORT BEACH CA 92660 CHANGE ENDORSEMENT CONTINUED ON PAGE 2 Page 1 POLICY NUMBER S 17 b= 8085 68 97 Named Insured Sequential Endorsement Number 004 (continued) DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE Premise 01 Location 001 21201- 21345 HAWTHORNE BLVD TORRANCE CA 90503 LOS ANGELES (CNTY) Premise 02 Location 002 5021-5195 LAKEWOOD BLVD 3950-4091 HARWICK ST. LAKEWOOD CA 90712 LOS ANGSLES (CNTY) Premise 03 Location 003 1201-1941 W_ IMPERAIL HWY & 1130-1190 BEACH LA HABRA CA 90631 ORANGE (CNTY) Premise 04 Location 004 17401-17421 VENTURA BLVD ENCINO CA 91316 LOS ANGELES (CNTY) Premise 05 Location 005 1708,22,30,40,46,52,60,78,80,84,88 S. VICTORIA AVE VENTURA CA 93003 VENTURA (CNTY) Premise 06 Location 006 1200-120 AMES AVENUE MILPITAS CA 95035 SANTA CLARA (CNTY) Premise 07 Location 007 7777-7651-7731-7881 EDINGER AVENUE HUNTINGTON BEACH CA 92647 ORANGE (CNTY) Premise 08 Location 008 7777-7651-77il-7881 EDINGER AVENUE HUNTINGTON BEACH CA 92647 ORANGE (CNTY) Classification(s) Bases of Premium Exposure Rate Premise 01 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 129,648 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD`BY..INSD- AREA 135,300.. 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit CHANGE ENDORSEMENT CONTINUED ON PAGE 3 Page 2 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC RATING PERIOD 05-07-06 TO 05-07-07 Sequential Endorsement Number 004 (continued) GENERAL LIABILITY SCHEDULE (continued) Classification(s) Bases of Premium Exposure Rate Premises/Operations (continued) BLDG/PREM BANK/OFFICE-LRO - FP AREA 52,700 47.5785 Products/Completed Operations are Subject to the General Aggregate Limit Premise 02 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 124,747 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 75,000 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit BLDG/PREM BANK/OFFICE-LRO - FP AREA 62,851 47.5785 Products/Completed Operations are Subject to the General Aggregate Limit Premise 03 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 330,193 67.8793 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 193,400 24.9932 Products/Completed Operations 'are Subject to the General Aggregate Limit' BLDG/PREM BANK/OFFICE-LRO --`.FP AREA 45,434 46.3781 Products/Completed Operations are Subject to the General Aggregate Limit CHANGE ENDORSLMENT CONTINUED ON PAGE 4 Page 3 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE (continued). Classification(s) Bases of Premium Exposure Rate Premise 04 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 99,693 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 60,000 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit Premise 05 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 218,603 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD.BY.INSD AREA 131,600 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit Premise 06 Premises/Operations BLDG/PREM INSD MAINTD LRO - PP AREA 173,000 35.0291 Products/Completed Operations are Subject to the General Aggregate Limit Premise 07 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 648,830 67.8793 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 256,773 24.9932 Products/Completed operations are Subject to the General Aggregate Limit CHANGE ENDORSEMENT CONTINUED ON PAGE 5 Page 4 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE (continued) Classification(s) Bases of Premium Exposure Rate Premises/Operations (continued) BLDG/PREM BANK/OFFICE-LRO - FP AREA 124,013 46.3781 Products/Completed Operations are Subject to the General Aggregate Limit Premise 08 Premises/Operations PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 582,897 24.9932 Products/Completed Operations are Subject to the General Aggregate Limit MULTICOVER 4043 CHANGE ENDORSEMENT CONTINUED ON PAGE 6 Page 5 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured Sequential Endorsement Number 004 (continued) DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES; LLC Forms Added at.the Inception of this Change Endorsement GENERAL LIABILITY CG2026 11-85 CG7253 09-05 END OF CHANGE ENDORSEMENT Page 6 Additional Insured - Designated Person or Organization - CG 20 26 11 85 Policy Amendment General Liability Insured BELLA TERRA ASSOCIATES, LLC DJM CAPTIAL PARTNERS Producer CARMACK INSURANCE (NEWPORT) 20162 S.W. BIRCH STREET, SUITE 350 NEWPORT BEACH, CA 92660 Schedule Name of Person or Organization Policy Number MXX 8085.68 97 Effective Date , 05/07/06 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED NAME OF THE ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S) CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES AND THE REDEVELOPMENT AGENCY OF HUNTINGTON BEACH AT 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 this Endorsement.) Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy 101V11 President C62026 11-85 Contains Copyrighted Material of Insurance Services Office, Inc., 1984 Amendmentto Condition 4. Other Insurance - CG 72 53 09 05 Policy Amendment(s) Commercial General Liability The following is added as a second paragraph to Sec- tion IV Conditions, Condition 4. Other Insurance, fol- lowing paragraph b.(2): However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of a MultiCover ® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance. This provision does not apply to other insurance to which such addi- tional insured has been added as an additional insured. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy aXA"� Se retary CG7253 9-05 41, President 10/26/2005 WED 10.18 FAX 9498513836 CARMACK INSURANCE E4004/004 10/25/2005 Wag FAX 714 374 1530 CITY OF HUNT BEACH la002/002 S CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 aM Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277. you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Reach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit Is issued, 1 shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements, i authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration If I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: 1 Address: (Q0 mt�Y�*� fat OZ ZQ CA //,� Applicant's Signature: V Title: V 1C£ �2=i 4PL�== Location Signed: S"3ctey CA Telephone Numbers 1 APPROVED McGRATH Ci Attomey 161L 05 ACORDM CERTIFICATE OF LIABILITY INSURANCE oai3ojz 6' PRODUCER (949)851-3836 FAX (949)851-8929 Carmack Insurance 20162 S.W. Birch St. Suite 350 Newport Beach, CA 92660 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bella Terra Associates, LLC c/o DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 INSURERA: Fireman's Fund Insurance Company 21873 INSURER B: INSURERC: INSURER D: - INSURER E: rnvcoer_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MXX80856897 05/07/2006 05/97/2007 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00( CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,00( A PERSONAL & ADV INJURY $ 1 1 ON 100 IR No Deductible or GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO X LOC TERRORISM IS INCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS AS TO FORM SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS J ER McG RATH NON -OWNED AUTOS a v �7 (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY XAU77461796 05/07/2006 05/07/2007 EACH OCCURRENCE $ - 20, 000, 00 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 20,000,000 $ A $ HDEDUCTIBLE $ X RETENTION $ 0 TERRORISM IS INCLUDED WORKERS COMPENSATION AND WC STATU- OTH- TOY LIMITS I I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is named as Additional Insured per the Additional Insured Endorsement CG20261185, s respects to the premises located at: 7881-7651-7731-7777 Edinger Avenue, Huntington Beach, CA 92647. Endorsement CG72530905. City of Huntington Beach, Its Agents, Officers and Employees and the Redevelopment Agency of Huntington Beach at 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X1 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, xac xxacx,xa�x�xx�ca�clx�cxx AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Additional Coverages and Factors 05/05/2006 Line of Business Coverages for General Liability Coverage Limits General Aggregate 2,000,000 Products/Completed Ops 2,000,000 Aggregate Personal & Advertising 1,000,000 Injury Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 5,000 Ded/Ded Type Rate Premium Factor Fimman's Fund POLICY NUMBER S 17 MXX 8085 68 97 Named Insured Sequential Endorsement Number 004 DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC PORTFOLIO CHANGE ENDORSEMENT Effective 05/07/06, 12:01 A.M., Standard Time at the address of the insured This is an Endorsement only. Other than changes shown, all other pre-existing coverage remains in full force and effect. Premium adjustments are shown. PREMIUM SUMMARY: ADDITIONAL PREMIUM DUE NOW $0.00 Terrorism Risk Insurance Act -Certified Acts Coverage - All Coverages excl WC and Umbrella - Covered $0.00 The following General Liability endorsement(s) are addedto the policy and apply as shown: AMENDMENT TO CONDITION 4. OTHER INSURANCE (CG 72 53 09 05) The following other General Liability endorsement(s) are added to the policy and apply as shown: ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION CG2026 1185 THIS ENDORSEMENT MODIFIES INSURANCE UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: NAME OF ADDITIONAL INSURED PERSONS) OR ORGANIZATIONS) CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES AND THE REDEVELOPMENT AGENCY.OF HUNTINGTON BEACH @ 2000-MAIN STREET, HUNTINGTON BEACH, CA 92648.11 Countersignature of Authorized Agent: Date 08/29/06 Producer CARMACK INSURANCE (NEWPORT) 20162 S_W.BIRCH ST STE"350 NEWPORT BEACH CA 92660 CHANGE ENDORSEMENT CONTINUED ON PAGE 2 Page I POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE Premise 01 Location 001 21201- 21345°HAWTHORN E BLVD TORRANCE CA 90503 LOS ANGELES (CNTY) Premise 02 Location 002 5021-5195 LAKEWOOD BLVD 3950-4091 HARWICK ST. LAKEWOOD CA 90712 LOS ANGELES (CNTY) Premise 03 Location 003 1201-1941 W. IMPERAIL HWY & 1130-1190 BEACH LA HABRA CA 90631 ORANGE (CNTY) Premise 04 Location 004 17401-17421 VENTURA BLVD ENCINO CA 91316 LOS ANGELES (CNTY) Premise 05 Location 005 1708,22,30,40,46,52,60,78,80,84,88 S. VICTORIA AVE VENTURA CA 93003 VENTURA (CNTY) Premise 06 Location 006 1200-120 AMES AVENUE MILPITAS CA 95035 SANTA CLARA (CNTY) Premise 07 Location 007 7777-7651-7731-7881 EDINGER AVENUE HUNTINGTON BEACH CA 92647 ORANGE (CNTY) Premise 08 Location 008 7777-7651-7731-7881 EDINGER AVENUE HUNTINGTON BEACH CA 92647 ORANGE- (CNTY) Classification(s) Bases of Premium Exposure Rate Premise 01 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 129,648 69.3941 Products/Completed Operations`are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD:BY.INSD AREA 135,300.. 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit' CHANGE ENDORSEMENT CONTINUED ON PAGE 3 Page 2 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE (continued) Classification(s) Bases of Premium Exposure Rate Premises/Operations (continued) BLDG/PREM BANK/OFFICE-LRO - FP Products/Completed Operations are to the General Aggregate Limit AREA Subject 52,700 47.5785 Premise 02 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 124,747 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY :INSD AREA 75,000 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit BLDG/PREM BANK/OFFICE-LRO - FP AREA 62,851 47.5785 Products/Completed Operations are Subject to the General Aggregate Limit Premise 03 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 330,193 67.8793 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 193,400 24.9932 Products/Completed Operations are Subject to the General Aggregate Limit BLDG/PREM BANK/OFFICE-LRO - FP AREA 45,434 46.3781 Products/Completed Operations are Subject to the General Aggregate Limit CHANGE ENDORSEMENT CONTINUED ON PAGE 4 Page 3 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE (continued) Classification(s) Bases of Premium Exposure Rate Premise 04 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 99,693 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR=MTD BY INSD AREA 60,000 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit Premise 05 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA. 218,603 69.3941 Products/Completed Operations are Subject to the General Aggregate Limit PARKING -PUBLIC -SHOP CTR-MTD BY.INSD AREA 131,600 25.5613 Products/Completed Operations are Subject to the General Aggregate Limit Premise 06 Premises/Operations BLDG/PREM INSD MAINTD LRO - FP AREA 173,000 35.0291 Products/Completed Operations are Subject to the General Aggregate Limit Premise 07 Premises/Operations SHOP CTRS-NOT INSD.00C.LESSORS RISK AREA 648,830 67.8793 Products/Completed operations are Subject to the General Aggregate Limit. PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 256,773 24.9932 Products/Completed operations are Subject to the General Aggregate Limit CHANGE ENDORSEMENT CONTINUED ON TAGE 5 Page 4 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Sequential Endorsement Number 004 (continued) RATING PERIOD 05-07-06 TO 05-07-07 GENERAL LIABILITY SCHEDULE (continued) Classification(s) Bases of Premium Exposure Rate Premises/Operations (continued) BLDG/PREM BANK/OFFICE-LRO - FP AREA 124,013 46.3781 Products/Completed Operations are Subject to the General Aggregate Limit` Premise 08 Premises/Operations PARKING -PUBLIC -SHOP CTR-MTD BY INSD AREA 582,897 24.9932 Products/Completed Operations are Subject to the General Aggregate Limit MULTICOVER 4043 CHANGE ENDORSEMENT CONTINUED ONPACE6 Page 5 POLICY NUMBER S 17 MXX 8085 68 97 Named Insured Sequential Endorsement Number 004 (continued) DJM CAPITAL PARTNERS BELLA TERRA ASSOCIATES, LLC Forms Added at the Inception of this Change Endorsement GENERAL LIABILITY CG2026 11-85 CG7253 09-05 END OF CHANGE ENDORSEMENT Additional Insured - Designated Person or Organization - CG 20 26 11 85 Policy Amendment General Liability Insured BELLA TERRA ASSOCIATES, LLC Policy Number DJM CAPTIAL PARTNERS Producer CARMACK INSURANCE (NEWPORT) Effective Date 20162 S.W. BIRCH STREET, SUITE 350 NEWPORT BEACH, CA 92660 Schedule Name of Person or Organization MXX 8085.68 97 05/07/06 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE INSURED NAME OF THE ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS) CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES AND THE REDEVELOPMENT AGENCY OF HUNTINGTON BEACH AT 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 this Endorsement.) Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. This Form must be -attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy AO/ President CG2026 11-85 Contains Copyrighted Material of Insurance Services Office, Inc., 1984 Amendmentto Condition 4. Other Insurance - CG 72 53 09 05 Policy Amendment(s) Commercial General Liability The following is added as a second paragraph to Sec- tion IV Conditions, Condition 4. Other Insurance, fol- lowing paragraph b.(2): However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of a MultiCover ® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance. This provision does not apply to other insurance to which such addi- tional insured has been added as an additional insured. This Form must be attached to Change Endorsement when issued after the policy is written - One of the Fireman's Fund Insurance Companies as named in the policy axA"� (4/4 Se retary President CG7253 9-05 10/26/2005 WED 10:18 FAX 9498513836 CARMACK INSURANCE U004/004 10/25/2005 10:29 FAX 714 314 1530 CITY of HUNT BEACH la 002/002 aS CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277. you are required to provide proof of Workens Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach. CA 92648 I certify that in the performance of the activity or work for which this permit Is issued, 1 shalt not employ any person In any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration If I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: Address: (,dh S. (Y MyC:1- <yr. Sr, t1� 5�&2s)2� CA g5"Il3 Applicant's Signature: Title: Location Signed: yC Telephone Number. 4M- .2-7) O _ APPROVED AS. TO FORM: _ WGRATH City Attorney ATTACHMENT #2 STATE HIGHWAY PLANTING MAINTENANCE AGREEMENT IN THE CITY OF HUNTINGTON BEACH This AGREEMENT, made and executed in duplicate this e day of UeCewn 6 er 2005, is by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Huntington Beach, hereinafter referred to as "CITY". WITNESSETH: A. RECITALS The parties desire to provide for the CITY to maintain landscaped areas within State highway Right of Way along the south-west side of Center Avenue, from approximately 90 feet west of the centerline intersection at Beach Boulevard extending to approximately 700 feet west along Center Avenue to the west and then north to the City of Huntington Beach property as depicted in the attached Exhibit "A". B. AGREEMENT In consideration of the mutual covenants and promises herein contained, the CITY agrees: 1. To provide and apply fertilizer as necessary to sustain healthy growth. To maintain a separate irrigation system and pay all repairs, water and electrical cost. 2. To control weeds at a level acceptable to the State and to allow access for Caltrans to maintain any State facilities. 3. To keep plantings -trimmed to eye pleasing appearance. 4. To use only those pesticides and fertilizers approved by the State and in a manner consistent with label and legal restrictions. 5. To remove and replace unhealthy or dead plantings as they are observed. 6. To keep the entire area policed and free of litter and deleterious material. 7. To maintain, repair and operate irrigation system in a manner that prevents water from flooding onto State Highway. 8. To allow random inspection by a State representative. 0403 y P 9. If for any reason CITY is unable to maintain the area in a manner satisfactory to the STATE, CITY will re -landscape the area to a condition acceptable to the STATE at CITY's sole expense. 10. All maintenance work will be done at no cost to the STATE. 11. To remove the new landscaping improvements and restore area to the original landscaped condition prior to the new plantings or to a condition acceptable to State representatives in the event this agreement is terminated under the terms set forth in Section "D". 12. STATE shall repair and/or replace any damaged landscaping or irrigation system within the area as shown in Exhibit "A" when the damage was solely caused by reason of STATE access. C. LEGAL RELATION AND RESPONSIBILITIES: Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. It is understood by the parties that the CITY may license the improvements and continuing maintenance thereof to a third party. It is understood and agreed that neither STATE, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work performed by the CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under and in connection with any work performed by the City under this Agreement. D. TERMS OF AGREEMENT: This agreement shall become effective 6 ec 2005 and shall remain in full force and effect until amend or terminated. This agreement may be terminated at any time upon mutual consent of the parties thereto. This agreement may also be terminated by either party upon sixty (60) days notice to the other party. Failure to comply with provisions set forth in Section "B" would be grounds for notice of Termination by the STATE. 0431f 1 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH ATTEST: Joa . Flynn, City C c APPROVED AS TO FORM: J nnifer M Grath, *ityyA me (0 I U6 Penel a Culbreth-Graft, Ci y Manager STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ames Pinheiro Deputy District Director Operations and Maintenance APPROVED AS TO FORM AND PROCEDURE: Attor e Department of Transportation 0l ol`/3Y PUBLIC R.O.W. CAL TRANS R.O.W. -PUBLIC R.O.M., E H I BIT A Intersection of IT405 (post mile: 16.7), and Hwy. 39 (post mile: 5.8) e 1405 southbound ent-x7 ry and it �M :T EA. EMI-N R.� PER MPROV E T A GREEMENT r C TH LICENS -A., M A -S post mile: 5.72. A, 4H V, The parties desire to provide for the CITY to maintain the location in the southwest z9a quadrant of the STATE property at the intersection of 1-405 (post mile: 16.7) and Highway 39 (post mile: 5.8). The intersection of Highway 39 and Center Avenue is approximately 410 feet south of post mile 5.8. In this location, Center I Avenue is part of the STATE right of way. The specific location where Center Avenue connects to Highway 39 is post mile 5.72. The maintenance project Is on the southwest side of Center Avenue and extends approximately 700 feet west and then north to the CITY of Huntington F, th N GEDRA V S TOW r- Beach property as depicted on this Exhibit A. .g LU M V CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 20, 2006 Nazila Moghaddam Department of Transportation Maintenance Engineering 3337 Michelson Drive, Suite 380 Irvine, CA 92612-8894 Dear Ms. Moghaddam: CALIFORNIA 92648 Enclosed are two State Highway Planting Maintenance Agreements that were approved by our City Council on September 18, 2006. After your board has executed the agreements, please mail one back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, (?6"Wo 511.j40C4) Joan L. Flynn City Clerk Enclosure: 2 Maintenance Agreements — Bella Terra G:followup:agrmtltr (Telephone- 714-536-5227 ) RCA ROUTING SHEET I INITIATING DEPARTMENT: I Public Works I SUBJECT: I Approve the Bella Terra Landscape License Agreement and Caltrans State Highway Planting Maintenance COUNCIL MEETING DATE: I September 18, 2006 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ED Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAR ED Administrative Staff Deputy City Administrator (Initial) ( ) ( Q City Administrator (Initial) City Clerk RCA Author: Chuck Davis Esparza, Patty From: Nazile Moghaddam [nazila_moghaddam@dot.ca.gov] Sent: Tuesday, October 10, 2006 9:16 AM To: Esparza, Patty Subject: Fw: Planting Maintenance Agreement Hello Patty; Please send them to the following address to my attention: Department of Transportation Maintenance Engineering 3337 Michelson Drive, Suite 380 Irvine, CA 92612 - ffgf4 Thanks Nazila Moghaddam Transportation Engineer Maintenance Engineering/Agreement Caltrans-District 12 Desk: (949) 440-4491 Fax: (949) 724-2208 ----- Forwarded by Nazila Moghaddam/D12/Caltrans/CAGov on 10/10/2006 09:12 AM----- "Esparza, Patty" <Pssparza@surfcit y-hb.org> 10/06/2006 04:12 PM "nazila" <moghaddam@dot.ca.gov> To cc Subject Planting Maintenance Agreement Hi Nazila - I have two State Highway Planting Maintenance Agreements that were approved by our City Council on September 18, 2006 that have been executed and are ready to be executed by the State. Would you please send me the exact address that I should mail these to? Thanks for your help. Sincerely, Patty Esparza Senior Deputy City Clerk (714) 536-5260 Apply for your passports in the Huntington Beach City Clerk's Office! 1 Esparza, Patty From: Esparza, Patty Sent: Friday, October 06, 2006 4:13 PM To: 'nazila' Subject: Planting Maintenance Agreement Hi Nazila - I have two State Highway Planting Maintenance Agreements that were approved by our City Council on September 18, 2006 that have been executed and are ready to be executed by the State. Would you please send me the exact address that I should mail these to? Thanks for your help. Sincerely, Patty Esparza Senior Deputy City Clerk (714) 536-5260 Apply for your passports in the Huntington Beach City Clerk's Office! Esparza, Patty From: Esparza, Patty Sent: Tuesday, October 03, 2006 11:01 AM To: Daily, Linda Subject: Caltrans Planting Maintenance Agreement - Bella Terra Hi Linda - Sorry, I'm picking on you for this agenda item from the meeting of 9/18. The RCA does not have an author, so I didn't know who else to go to on this. I have the agreement executed and ready to send to the State. I am looking for the address, department & a person whose attention I can send it to so the item does not float around trying to find a home. Thanks for your help! Sincerely, Patty Esparza Senior Deputy City Clerk (714) 536-5260 Apply for your passports in the Huntington Beach City Clerk's Office! Esparza, Patty From: Daily, Linda Sent: Tuesday, October 03, 2006 3:36 PM To: Esparza, Patty Subject: FW: Status on Landscape Maintenance Agreement Here is the info on the caltrans agreement. -----Original Message ----- From: Davis, Chuck --� Sent: Tuesday, October 03, 2006 2:09 PM To: Daily, Linda Cc: Elliott, Terri Subject: FW: Status on Landscape Maintenance Agreement Per your request, this is the new contact. CD -----Original Message ----- From: Nazila Moghaddam [mailto:nazile gin€ aaddai*#dot.ca.gov] Sent: Wednesday, September 13, 2006 10:14 AM To: Davis, Chuck Subject: RE: Status on Landscape Maintenance Agreement Hello Chuck; That sounds good, I'll look forward for your call. Thanks Nazila Moghaddam 1' Maintenance Engineering/Agreement ` Caltrans-District`12 Desk: (949) 440-4491 Fax: (949) 724-2208 1 Bin Wo CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 31, 2006 Bella Terra Associates, LLC c/o DJM Capital Partners 60 S. Market Street, Suite 1120 San Francisco, CA 95113 Attn: Mr. Eric Sahn Dear Mr. Sahn CALIFORNIA 92648 Enclosed is a fully executed, recorded copy of the License Agreement between the City of Huntington Beach and Bella Terra Associates, LLC to ensure the continuing maintenance of landscape improvements within the public right-of-way areas along Center Avenue within the developed site. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement cc: Huntington Center Associates, LLC . G:followup:agrmtltr ( Telephone: 714-536-5227 )