HomeMy WebLinkAboutCannery Hamilton Properties, LLC - 2006-01-17 (3)FLU,)
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Council/Agency Meeting Held: 0
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
C ler s Sigulture
Council Meeting Date: 1/17/2006
Department ID Number: PW 05-083
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRATOR
PREPARED BY: `ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT: Approve License Agreement by and Between the City Of Huntington
Beach and Cannery Hamilton Properties, LLC for Encroachment Into
the Public Right -Of -Way
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue: Cannery Hamilton Properties, LLC shall provide a License Agreement
with the City for encroachment into the public right-of-way located at the southwest corner
of Magnolia Street and Hamilton Avenue.
Funding Source: No funding is required for this action.
Recommended Action: Motion to: Approve and authorize the Director of Public Works to
execute the License Agreement by and between the City of Huntington Beach and Cannery
Hamilton Properties, LLC, for encroachment into the public right-of-way.
Alternative Action(s): Do not approve the License Agreement. This action will prevent
Cannery Hamilton Properties, LLC from meeting the Department of Toxic Substance and
Control's requirements of the emergency Coastal Development Permit.
REQUEST FOR ACTION
MEETING DATE: 1/17/2006
DEPARTMENT ID NUMBER:PW 05-083
Analysis: The license agreement is for the encroachment into the public right-of-way for
the installation of facilities, such as drainage piping, sump pumps, electrical pedestal,
conduits and other appurtenances, to prevent seepage from the perimeter berms to
Hamilton Avenue and to drain the site from rainwater overflow to Magnolia Street. The
encroachment is due to the location of the existing berms within the public right-of-way and
the inability to remove the berms until environmental analysis is completed. The license
agreement will be effective until the final clean up of the site.
The State of California Department of Toxic Substances Control (DTSC) issued an
"Imminent or Substantial Endangerment Determination" for the Ascon Landfill site and is
the primary responsible agency for this work.
Public Works Commission Action: Not required.
Environmental Status: Exempt pursuant to Section 15061(b)(3).
Attachment(s):
1. Location Map
2. License Agreement By and Between the City of Huntington Beach and
Cannery Hamilton Properties, LLC for Encroachment into the Public
Riaht-of-Wav
GAR C A\2005\05-083 Jan 3 Elliott (Cannery Hamilton).doc -2- 12/22/2005 2:59 PM
ATTACHMENT 1
ASCON
Map produced by information contained in the City of
Huntington Beach Information Services Department
Geographic Information System. Information warranted for
City use only. Huntington Beach does not guarantee its
completeness or accuracy.
Map Produced on 12I1(2005
N
WsE
HP
0 312 624
One inch equals 312 feet
STREET NAMES
CITY BOUNDARY
Ae
STREET CENTERLINES (CLASS)
Smartstreet
Major
Collector
,+ Primary
Secondary
V Residential
,V Travelway
,V Allev
ISOBATHS
HARBOR
ATTACHMENT 2
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CANNERY HAMILTON PROPERTIES, LLC
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This License Agreement is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY,"
and CANNERY HAMILTON PROPERTIES, LLC, hereinafter referred to as "LICENSEE."
LICENSEE may also include: 1) those settling parties (the "Settling Parties") as defined
in that certain "Imminent and Substantial Endangerment Determination and Consent Order
Between the Department of Toxic Substances Control and Settling Parties," dated December 19,
2002 (the "Consent Order"); and 2) Exxon -Mobil, Inc., a Delaware corporation. All such
additional LICENSEES shall be approved and designated to the CITY by CANNERY
HAMILTON PROPERTIES, LLC.
WHEREAS, LICENSEE has applied to CITY for permissoin to encroach into the public
right-of-way at the ASCON property, for the purpose of vehicular and pedestrian traffic and site
remediation, as more specifically set forth in the application for the License; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use
the right-of-way easement as depicted in the site plan attached hereto as Exhibit "A" (hereinafter
referred to as the "Easement") for the purpose of vehicular and pedestrian traffic and site
remediation by LICENSEE. This permission includes the installation and maintenance of French
drains, drainage piping, sump pumps, fencing and gates, SCE electrical pedestal and conduits,
and all appurtenances related to the remediation of seepage from the perimeter berms.
2. TERM. This Permit shall terminate on the date the California Environmental
Protection Agency, Department of Toxic Substances Control ("DTSC") notifies the Settling
Parties of completion of the Settling Parties' obligations under the Consent Order, and the
Removal of French drains, drainage piping, sump pumps, fencing and gates, SCE electrical
pedestals and conduits, and all appurtenances related to the remediation of seepage from the
perimeter berms. PERMITEE will notify the CITY in writing promptly upon receipt of such
notice. Alternatively, this Permit will terminate upon sixty (60) days notice by the CITY. Notice
of Termination will be in writing and served by certified mail.
05agree/CanneryHamilton License I
3. INDEMNIFICATION DEFENSE 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. LICENSEE will conduct all defense at its sole cost and expense. This
indemnity shall not apply to any liabilities, claims, judgments, costs and demands which arise out
of any CITY obligation to remediate the Easement or ASCON imposed by a governmental
agency, including but not limited to the DTSC and the EPA.
4. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor
Code Section 1861, LICENSEE 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 all such laws , and provisions prior to the
encroachment into the Easement pursuant to this License.
LICENSEE represents and warrants that it does not have any employees requiring
LICENSEE to obtain Workers' Compensation Insurance. LICENSEE shall require all
contractors performing work on or using the Easement to 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. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities
to be performed in the Easement as contemplated herein, general liability insurance, including
coverage for bodily injury, and property damage. All insurance shall be underwritten by
insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as determined by the CITY as Additional
Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and
effect during the life of this License, in an amount of not less than Two Million Dollars
($2,000,000) combined single limit coverage. If coverage is provided under a form which
includes a designated general aggregate limit, such limit shall be not less than Two Million
Dollars ($2,000,000). 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 and agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT. Prior to the encroachment into the Easement pursuant to this License,
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 provide the name and policy number of each carrier and policy, and shall state
05agree/CanneryHamilton License 2
that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this License. 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 the encroachment into the Easement pursuant
to this License.
7. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from
any and all claims, demands, actions or causes of action whatsoever which LICENSEE may
have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of
LICENSEE onto the Easement. This release shall not apply to any claims, demands, actions or
causes of actions which relate to any CITY obligation to remediate the Easement or ASCON
imposed by a governmental agency, including but not limited to the DTSC and the EPA. This is
a complete and final release and shall be binding upon LICENSEE and the heirs, executors,
administrators, successors and assigns of LICENSEE'S use of the Easement.
LICENSEE hereby expressly waives any rights under or benefit of any law of any
jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any
payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE. Except as reasonably required in order to comply with the Consent
Order, the implementation thereof, DTSC directives and orders, and remediation and removal
activities under the Consent Order: 1) LICENSEE shall not alter, damage or commit any kind of
waste upon the Easement or any improvement, equipment or personal property thereon and shall
not interfere in any manner with the operations or activities of CITY; and 2) LICENSEE shall
make no change in the use of the Easement nor shall the design of the Easement be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Easement and agrees to indemnify and
hold CITY harmless against any such liens including but not limited to the payment of attorneys'
fees. This paragraph will not apply in cases where work is and is approved in advance by the
CITY. CITY approval is required prior to LICENSEE engaging in work that will cause damage
to the Easement. CITY will not unreasonably withhold consent to such work.
9. MAINTENANCE. LICENSEE agrees to care for and maintain the Easement in
good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily
cleaning of the Easement area including but not limited to removal of all rubbish, food stuffs,
paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand.
05agree/CanneryHamilton License 3
LICENSEE shall keep the Easement area reasonably clean and free of debris
during its use thereof, and except for reasonable wear and tear on the property and fixtures, shall
restore the Easement Area, as much as reasonably practicable, to its former condition, subject to
any changes to the area required by the DTSC Order, the Remedial Action Plan approved by the
DTSC after public comments, and the remediation of the ASCON Landfill.
In the event LICENSEE does not maintain the Easement in a satisfactory manner,
LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs
incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE.
LICENSEE agrees to pay such costs within thirty (30) days of billing.
In the event any damage is caused to the Easement and / or Public Right -of -Way,
as a result of the use authorized hereunder, LICENSEE agrees to repair same at its own expense.
10. ACCESS. a) Each party shall provide access to the Easement to the other party,
and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7)
days a week or as designated in License approvals. CITY represents and warrants that it has full
rights of ingress and egress to and from the Easement, and hereby grants such rights to
LICENSEE to the extent required for authorized operations. LICENSEE's exercise of such
rights shall not cause undue inconvenience to CITY. All LICENSEES' operations shall comply
with all ordinances, regulations, and laws.
b) LICENSEE shall, at its sole cost and expense, maintain and repair the
Easement and LICENSEE'S Facilities including, but not limited to, the removal of all trash,
debris and graffiti. If LICENSEE causes any damage to the Easement or to access roadways or
other nearby facilities, it shall properly repair same as specified by CITY. Each of the foregoing
covenants shall not apply to the extent the Consent Order or the requirements of the DTSC shall
conflict therewith.
c) Upon the expiration or termination of this License, LICENSEE shall
surrender the Easement to CITY in good and clean condition, less ordinary wear and tear, and as
approved in writing by CITY.
11. EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the
Easement under its or the contractors of LICENSEE'S absolute and complete control at all times
and said equipment shall be used on the Easement at the sole risk of LICENSEE.
Removal of French drains, drainage piping, sump pumps, SCE electrical pedestals
and conduits, and all appurtenances related to the remediation of seepage from the perimeter
berms will be on or before Jpojoart i rl, 20/I (date), subject to the Consent Order and the
regulations of the DTSC and EPA.
05agree/CanneryHamilton License 4
12. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or
undertaken by it on the Easement shall be for its sole account and not as an agent, servant or
contractor for CITY.
13. HAZARDOUS SUBSTANCE. Each of the following covenants, representations
and warranties shall not apply to those activities of LICENSEE reasonably required in order to
comply with the Consent Order or the requirements or directives of the DTSC, and the CITY
shall not require clean-up and remediation of Hazardous Wastes more extensive than that
required by the DTSC. LICENSEE represents and warrants that its use of the Easement herein
will not create or allow any hazardous substance to spill over into the public right-of-way, and it
will not store or dispose of hazardous waste on the Easement nor transport hazardous waste to or
over the Easement except to capture and return seepage back. to the on site detention lagoons.
LICENSEE further agrees to clean-up and remediate any hazardous substance on the Easement,
and public right-of-way, brought to the Easement by LICENSEE after the date hereof, and hold
CITY harmless from and indemnify CITY against any release of any such hazardous substance
and any damage, loss, or expense or liability resulting from such release including all attorneys'
fees, costs and penalties incurred as a result thereof except any release caused by the negligence
of CITY, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean
any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic
material, hazardous or toxic or radioactive substance, or other similar term by any federal, state
or local environmental law, regulation or rule presently in effect or promulgated in the future, as
such laws, regulations or rules may be amended from time to time; and it shall be interpreted to
include, but not be limited to, any substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death or disease.
14. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall
be personal to it and that it shall not assign or License any third party to avail itself of any of the
privileges granted hereunder, without the express written permission of CITY.
15. NO TITLE INTEREST. No title interest of any kind is hereby given and
LICENSEE shall never assert any claim or title to the Easement area.
16. NOTICES. All notices given hereunder shall be effective when personally
delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage
prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at
the respective addresses shown below:
CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
05a;ree/CanneryHamilton License 5
LICENSEE:
Dan Fischman
Cannery Hamilton Properties, LLC
P.O. Box 25376
Santa Ana, CA 92799-5376
17. NO DISCRIMINATION. LICENSEE agrees that in performance of the activities
authorized by this License and in the use of the Easement area authorized hereunder, it will not
engage in, nor License its officers, agents or employees to engage in, any discrimination or
discriminatory practices against any person based on race, religion, creed, color, natural origin,
ancestry, physical handicap, medical condition, marital status or gender.
18. FINAL INSPECTION BY CITY LICENSEE shall remove equipment and CITY
shall inspect easement area before final release of this license agreement.
19. ADDITIONAL REMEDIATION LICENSEE shall conduct additional
remediation, after removal of equipment, to have a clean Easement as determined by DTSC for
the eventual widening of Hamilton Avenue.
20. ATTORNEY' S FEES. In the event suit is brought by either party to enforce the
terms and provisions of this License or to secure the performance hereof, each party shall bear its
own attowey's fees. The prevailing parry shall not be entitled to recover its attorney's fees.
IN WITNESS WHEREOF, LICENSEE acknowledges and accepts the License and these
Supplemental Conditions by and through its authorized officers on JNNtk8kl 'I, 2006
CANNERY HAMILTON PROPERTIES,
LLC.
By: ��C �� 07neEe S Il,,- 446 e-)
print name
ITS: (circle one) Chairman/President/Vice President
By:� t/-
-0-- 61:5 C Am—,
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary reasurer
05agree/CanneryHamilton License 6
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
I �65
irector of Public Works
APPROVED AS TO FORM:
F-/U961� t II/S -7 /V S—
(.-- City Attorney
17. NO DISCRIMINATION. LICENSEE agrees that in perforrnance of theactivifie!
authorized by this License and in the use of the Rasement area authorized hereunder, it ANill no-
engyage in,. nor License its officers, agents or employees to engaj',Ye in, any discrimination o-
discTirninatory practices against ariy person based on rac.c. religion, creed, color, natural origin.
atsiry, physical. handicap.. medical condition, marital status or gender.
A It:,
18, FINIAL INSPECTION, BY CITY 1J(.'U'NSEE-' shall remove equipment and CFFY
sliall inspect easement area before final release of this license agreement.
1
19.. ADDHIONAL REMEDIATIGN LICENSEE.shall conduct additional
re-1-Mediation. after ren-tovalof equipment, to ha-ve a cle4ark Fasenientpis detertnin, ed by DTSC for
the eventual widening of Hamilton Avenue.
M ATTOR-NNEVS FE-ES, hi the event sLdt is brought by either party to enforce the
mis, .... ........... . terns; and provisions of this License: or to SCCUre the performance hereof, each party shall bear it.,
own attornevs fees. The prevailing party shall. -not be entitled to recover its attorney' , s fees.
IN WYMESS WHEREOF, LICE;NSEE acknowledges and accepts the License and these
Supplemental Conditions by and through its atithori zed offleers on 204o.
CANNERY HAMILTON PROPFRTIES.
LLC.
By
ITS: (circler one) Chairman, 'PresidentAlce =Pre, &n
By:
1 (ZEC'
prim 11MM
ITS, 6-ircle onq) Secretary/Chief Financial
Officer/Asst- SecreLw-y - Treasurer
CFFY OF I 1UNTINGTON3 BE 'LC a
municipal corporation of the State of
California
Director of Public Works
.,-VPROVED AS TO FORTV-1;
City Attorney
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Area of t�w License Ag rowma -'A By af Id
between T�.,e City of Huntington Beach
-id Cannery Hamilton Pwerfies..
LLC,
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'5�""" E -f -T", 11"'-'1�7-51 .......... A"',
P','
HAMILTON AVENUE CENTERLINE OF HAMILTON AVENUE
VARIES 22'-26' (N.T.S.)
VARIES
.3'-31.3' (N.T.S.) /- FACE OF THE 6" HIGH CURB
5.3' (N.T.S.)
MIN 6" MAX 12" (N.T.S.)
VARIES
29'-31' (N.T.S.)
PERMANENT FENCE (TO BE PLACED
ALONG SITE LIMIT ESTABLISHED BY DTSC)
1' (N.T.S.) l EMERGENCY ACTION
J TOE DRAIN TRENCH
1' (N.T.S.) TOE OF BERM
r PROPERTY LINE
w GEOSYNTEC CONSULTANTS
EXHIBIT A FIGURE NO,
EMERGENCY ACTION ACTIVITIES PROJECT N
ASCON LANDFILL DOCUMENT
HUNTINGTON BEACH, CALIFORNIA DATE:
NOT TO SCALE
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MAGNOLIA AVENUE _ CENTERLINE OF MAGNOLIA AVENUE
VARIES
25.3'-49.9' (N.T.S.)
PERMANENT FENCE (TO BE PLACED
ALONG SITE LIMIT ESTABLISHED BY DTSC)
VARIES
0'-26' (N.T.S.)
N
• • . • • • / f- PROPERTY LINE
NOT TO SCALE
Amw r� GEOSYNTEC CONSULTANTS
EXHIBIT A FIGURE NO. 3 OF 3
EMERGENCY ACTION ACTIVITIES PROJECT NO. SB0202-52
ASCON LANDFILL DOCUMENT NO.
HUNTINGTON BEACH, CALIFORNIA DATE: DECEMBER 2005
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
ECE'lV
1. Requested by: Christi Mendoza, Risk Management DEC 1 9 200
2. Date: December 15, 2005 City of Huraingiva8� acte
City ttomey's 0 rc
3. Name of contractor/permittee: Cannery Hamilton Properties, LLC (CHP)
4. Description of work to be performed: License Agreement by and between the city and
CHP LLC for use of city's easement of 37 acre property at southwest corner of Magnolia
and Hamilton Avenues for maintenance and repair of berms on the north and east sides of
proverbL
5. Value and length of contract: $200,000; One (1) to two (2) years
fi. Waiver/modification request: Waiver of third party insurance requirement
7. Reason for request and why it should be granted: Cannery Hamilton Properties, LLC
requests insurance waiver as part of the proposed License Agreement
8. Identify the rinks to the City in approving this waiver/modification: None.
r
Department Head Signat ate:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
fora' request to be granted. Approval from the City Admiinistrators Office is only required if
Risk Management and a City Attorneys Office disagree.
1. Risk Management
Approved ❑ Denied
Signature Date
2. City Attorney's Office
)?,-4-pproved ❑Denied � �
ignature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waivrerlrnodif Cation request is to be submitted to the
City Attorney's Office <along with the contract for approval: once the contracthas been approved,
this form is to be filed witti the Risk Management Division of Administrative Services
2222 Martin
Suite 255
Irvine, California 92612-1"1
UL (949) 474-Ml
Fax (90) 260-ONO
W Wwsmithrendoo Iota
SMITH&RENDON.
A7SOSNEYS At LAW
December 14, 2005
Via .Facsimile (714) 53d-5212
Chris Mendoza
Risk Management
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Re: Insurance Waiver in Connection with License Agreement
Dear Ms. Mendoza:
3a3 South Grand Avenue
Suite 4200
Los Angeles, California SW71-1546
Tel. (213) 626-9M
PAX (213) 626=0
Y 13-DAN SHgSTUN
ATTORNEY ATLAW
28592 Mu aleL L'hive
I.AGUNANIGUEL.CALIFORNIA M77
(949) 425-102
FACSIMILE (949) 831-1268
As you knew, I am an attorney representing Cannery Hamilton Properties, LLC ("CHP") owner of
that certain 38 acre property (the '"Property") located at the Southwest corner of Magnolia and
Hamilton Avenues, in the City of Huntington Beach (the "City"). CHP is a limited liability company
whose only members are Chevron Environmental Services Company, Inc. and ConocoPhillips
Company, a Delaware corporation. CHP is in the process of installing fixtures such as a toe drain,
drainage piping, sump pumps, SCE electrical pedestals and conduits in connection with storm -water
controls for the Property and the City's adjacent property, A fence will also be located in the city's
property along Hamilton Avenue and Magnolia Street at this location. This perimeter fence
surrounds the Ascon Landfill Site.
In connection with such work, CHP has requested access to and use of the City's property- The
City's representative, requested CHP execute that certain "License Agreement By and Between the
City of Huntington Beach and Cannery Hamilton Properties, LLC For Encroachment into the Public
Right of Way". X have attached a copy of this proposed agreement for your reference. CHP is
willing to execute the agreement, provided the requirement that CHP obtain third party insurance is
waived.
Zd WdE3£:Li S00Z bI 'Oa(l 89Zt-128-6b6: 'ON XUA -bsd 'Uaa1Se4S ueG'8'H: W08-1
Ms. Chris Mendoza
December 14, 2005
Page 2
In order to obtain such waiver and satisfy the insurance requirements, I have enclosed a letter which
has been executed by Chevron Corporation explaining their self insurance status.
In addition, the following information about the work to be performed is provided to you. the
project involves the reshaping of berms which are located on the North and East side of the Property.
The approximate cost for such reshaping is $200,000 and is estimated to be completed in January.
The fixtures, however, will remain in place until completion ofthe remedy selected for the Property
by the Department of Toxic Substances Control, which is anticipated to take at least five years.
Please contact me if I you have any further questions regarding this project.
Sincerely,
H.E. Dan Shasteen
£d WV6£: ii S00Z bi '3aa 89ZI-i£8-6176: 'ON XUJ 'bs3 tuaa;se4S Uea *3 -H: W02id
Chevron
0
May 16, 2005
City of Htintingtou Beach
2000 Main Street
Huntington Beach, CA 92618
=I3sma9
R. treasury Dspar"Writ
SItant T=r Chevron Corporation
Insurance Division 6p01 eodinper Canyon Rd., F1160
Sin Rwn". CA 94593
Tel 925 "2 e136
Fax 925 642 W07
JW-ynessedmvron.mm
LICerlfe Agreement by surf between
City of Huniagton Beach and Cannery
IUM t x Properties LLC for use of the City F.osement
Gentlemen:
Chevron Envimnrrtental Services Company, Inc, a 50% owner of Cannery Hamilton Properties; LLC, is
covered for property and liability exposures through Chevron's wAjor worldwide insurance programs with
large deductibles. Lasses that fail within these deductible levels, mcluding those for which a Chevron
company is contractually liable, are paid through ritt financial resources of-the.Coaq=y and ace
adminis o d by Gbevron Corporation under its Self' Admaustesed Claims Prograft hereinafter mferred
to as the Program.
This is to advise you that the, property/liability insurance requirements of the subject agreement fats within
the deductible levels of Chevron's insurance programs. Therefore. losses for which Chevron is
responsible under the agreement will be handled under the dove -described ProVm. The scope of this
Program is equal to the insurance requirements of the subject agreement.
Unless canceled earlier. this letter will remain in effect until the expiration or earlier termination of the
subject agreernent (or any renewal thrseof). If this program is canceled or nixterijally changed, we will
provide you with 30 days' written notice.
Sinceffrely,
I D. ss
cc: Tim Knutson
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RCA ROUTING SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: License Agreement with Cannery Hamilton Properties,
LLC for Encroachment into the Public Right -of -Way
COUNCIL MEETING DATE: January 17, 2006
RCA► ATTA�CIMsENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Not Applicable
❑
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
❑
(Signed in full by the City Attorney)
Subleases, Third Party Agreements, etc.
Attached
Not Applicable
❑
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the City Attorne
( pp Y Y Y)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000)
Attached
Not Applicable
❑
Attached
❑
Bonds If applicable)
( pp )
Not Applicable
Attached
❑
If Report Reff applicable)
Staff p ( pp )
Not Applicable
Commission, Board or Committee Report If applicable
p ( pp )
Attached
Not Applicable
❑
Findings/Conditions for Approval and/or Denial
Findin g pp
Attached
Not Applicable
❑
EX#IAATNt3R M1N+��r ATTACHIETS
131
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
January 23, 2006
Dan Fischman
Cannery Hamilton Properties, LLC
P. O. Box 25376
Santa Ana, CA 92799-5376
Dear Mr. Fischman:
CALIFORNIA 92648
Enclosed for your records is a copy of the License Agreement between the City
of Huntington Beach and Cannery Hamilton Properties, LLC for encroachment
into the public right of way.
Sincerely,
Joan L. F nn
City Clerk
JF:pe
Enclosure: Agreement
G:fo1Iowup:agrmtltr
iTelephone- 714-536-5227)