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HomeMy WebLinkAboutDEPT. OF TRANSPORTATION (CALTRANS) - 2002-11-18STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Gc DEPARTMENT OF TRANSPORTATION DISTRICT 12 3337 MICHELSON Dr Suite 380 IRVINE, CA 92612-1699 PHONE (949) 724-2478 FAX (949) 724-2809 January 6, 2003 Mr. Robert F. Beardsley Public Works Director City of Huntington Beach 2000 Main Street, P.O.BOX 190 Huntington Beach, CA 92648 Subject: Maintenance Agreement for Ocean Grand Resort Pedestrian Overcrossing Pacific Coast Highway. Dear Mr. Beardsley: Enclosed is fully executed original Maintenance Agreements between the City of Huntington Beach and the State of California for the Pedestrian Overcrossing of Pacific Coast Highway at the Hyatt Regency Hotel site in Huntington Beach. If you have any questions or require additional information, please contact Mimi Chau at (949) 724-2777. Sincerely, Massoud Tajik, Chief Maintenance Engineering District 12 C: Andrew Oshrin n d 4 ! DEFT. OF PUBLIC WORKS MAINTENANCE AGREEMENT THIS AGREEMENT, (the "Agreement") is made and entered into in duplicate, effective this 1 8 , day of 0 o v 4- w%b -o- r- , 2002, by and between the State of California, acting through the Department of Transportation, hereinafter referred to as "STATE," and the .= CF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, on April 30, 2001, a Cooperative Agreement (District Agreement No. 12-375 Document No. 015955) was executed between CITY and STATE wherein CITY agreed to enter into a Maintenance Agreement to clarify the division of maintenance responsibility as to the Ocean Grand Resort Pedestrian Overcrossing, hereafter referred to as the "POC", on Route 1, 0.41 km north of Route 39, location ORA-001-38.78 and Structure No. 55-1045. A sketch of the POC maintenance limits is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW THEREFORE, IT IS AGREED: 1.PEDESTRIAN OVERCROSSING MAINTENANCE A. Within the limits of the STATE right of way, STATE will maintain, at STATE's own cost and expense, the side girders, abutments and the entire structure of the POC below the top of the concrete deck surface, exclusive of any surface treatment thereon. B. CITY will accept control and maintain, at CITY expense, the portions of the POC lying outside the STATE right of way, including, but not limited to, the landing, stairs and elevator tower portion of the POC. In addition, CITY will maintain, at CITY expense, the top of the concrete deck surface, together with any surface treatment thereon, and all other portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. CITY will also maintain all lighting and traffic service facilities provided for the benefit or control of pedestrian traffic, and will be responsible for all cleaning and painting as required to keep the entire structure free of debris and graffiti. 2. FUTURE IMPROVEMENT When a planned future improvement has been constructed and/or a minor revision has been effected to the POC, which affects the parties' division of maintenance responsibility for the POC as described herein, STATE will provide an amendment, which will be made a part of this Agreement when executed by both parties. 3. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of STATE highways or the POC different from the standard of care imposed by law. B. Notwithstanding the foregoing, STATE acknowledges and consents to the following: I. Pursuant to paragraph 5(c) of that certain agreement entitled, "License Agreement to Provide Landscaping and Other Public Improvements in the Public Right -of -Way" ("hereinafter referred to as the "License Agreement"), Dated February 20, 2001, by and between, among others, CITY and MAYER FINANCIAL L. P. (hereinafter referred to as "MAYER"), MAYER has agreed to perform and assume, at no cost to CITY, any and all of CITY's liabilities, obligations and responsibilities to STATE and/or others which may arise out of or are related to the CalTrans Approvals (as defined below), including, without limitation, paying or reimbursing STATE for costs incurred by STATE with respect to the POC which are CITY's responsibilities under the CalTrans Approvals. The "Caltrans Approvals" are defined in recital paragraph E of the License Agreement as "encroachment permits, a Cooperative Agreement for design and project development (District Agreement No.12-373), a Cooperative Agreement for the construction phase of the project (District Agreement No. 12-375), and ... [this] Maintenance Agreement." 11. Pursuant to that certain agreement entitled, "Assignment and Assumption Agreement and Consent to Assignment, "dated April 3, 2001, by and between MAYER and PCH Beach Resort, LLC (hereinafter referred to as "PCH"), PCH has agreed to perform and assume all of MAYER's obligations under the License Agreement relating to, among other things, the CalTrans Approvals. C. It is understood and agreed that neither STATE nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officials, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement or any delegations by CITY to third parties as referenced in 3.13 above. D. It is understood and agreed that neither CITY nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officials, officers and employees (but no indemnification and save harmless or defense is owed by STATE to MAYER or PCH) from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 4. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH By kwwc �� Mayor Attest:e City Clerk 0 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Approved as to Form: j City Attorney j101 2— Reviewed and Approved: Ci Administrator Initiated and Approved: Director of A16lic Works JAMES INBEIRO District D puty Director Operati n and Maintenance Approved as to Form and Procedure: Attorney Department of Transportation 45.415 !Measured along Brid e1 Glass Block Lantern m m 35.662 Clear Span � Top of Conc Chain Link m Deco. Elevator Tower Girder Railing Preci o Top o/ Conc Q Moult: o Surface Overlay Q Proposed Sidewalk Exp JI Typ Conc wall rip — POC 1. Conc Elev 9.288m m v EC Lantern Post BC = u Bottom of Girder vi Elev 7.152m Elev 7.152m E _ o�Exist P.C. Hv+y Rdwy � ' Datum Elev=0.0 m Exist 1.370mo= Sewer Line- 0.380 m PC/PS -Driven Pile--- Typ --------------� --------� -- '--- =am C _rs-rr-=r�.G �--CLz-�c>ss.r_-_-a----' �'-- -------------I ------- a—_lr�rnlr� Abutment Typ of is « u u r u « u+ �► + V 1 A& 4 M u A& u E Zro I0.20 10+40 u "_ "• n Abut 1 " F Abut 2 It of n n u P27 Sheets' piles '' � SOUTH ELEVAT ION . 7:150 Existing Right of Way 30.480 m (100 ftl 2.441�I 3.66' 3.66' s 3.81' 3.66 s , 3.66' I 3.66' 2.44' 't r SW I +3.66 i I I Wedian' 1 I SW I i 1 I = A• 1 I ( Exist 1.370mfif' Sewer Line Railing, Type L I I I N+t2 I 15.730.860 C PCH I II I . I o r3 10=30.000 C Bridge 2.44o q I I I c1 q I I II 2.440 II II I I I�,ol _ N LIMITS OF 1 ii -- d z I I 7:12 Down 10.20 Roll 10*40 Roll 1:12 Down II CALTRANS BRIDGE MAINTENANCE II A I I I ,Q Utr,mare (Fuiure) 2.5002.4 3.600 ( 3.600 13.600 L3.600 I 3.600, 3.600 3.600 2.4j2.5001 35.000 (See "Note I"J G,,S m ,—Structur Approac N 7'56'06" E lo. � iYt Trench Drai � I , EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca4 / r R�yl a County of (_JRW&L On ADU&ri h a Sail before me, Date personally appeared 1110VIs6 and/c Name and Title of Officer (e g , "Jane Doe, Notary Public") Name(s) of Signer(s) / ersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose namEoistgre ubscribed to the within instrument and acknowledge to me that he/shO ee executed the same in hj�her/ ei authorized capacl y`es ,and that by his/her/ el ignature(s) on the instrument the person or the entity upon behalf of which the personoacted, KELLY LOUISE MANDIC executed the Instrument. Commission # 1372899 Z Z .., Notary Public - California ; WITNESS my hand and official seal. Orange County MyComm Expires Sep 1, 2QOfi qzifj; Signature -of No ary 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 - Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: bb, 'e L)k Connie ❑ Individual �l Corporate Officer Title(s) 4- CA* ❑ Partner — EJ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signet Representing: YX CA Signer's Name i I Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of © 1995 National Notary Association • 8236 Remmet Ave, P 0 Box 7184 • Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll -Free 1-800-876-6827 ATTACHMENT #4 -----Jl su it INSURANCE AND INDEMNIFICATION WAIVER H��,, �,® MODIFICATION REQUEST 1. Requested by: Robert F. Beardsley 2. Date: October 21, 2002 3. Name of contractor/permittee: State of California 4. Description of work to be performed: Maintenance Agreement 5. Value and length of contract: Value = 0; Length = Life of Pedestrian Overcrossing 6. Waiver/modification request: (See attached) 7. Reason for request and why it should be granted: Standard Caltrans' indemnification provision; Caltrans will not accept alternate provisions. 8. Identify the risks to the City in approving this waiver/modification: City will have to indemnify and defend the State for anything completed or omitted by the City. :::�,/ — 2— Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management gApproved ❑ Denied Signature Date 2.Cityy Attorney's Office U;A' pproved ❑ Denied ✓�7 L Signature Oate 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Inc A Inriamnifirafinn Fnrm 1n/g1/gnng 9 nR PM ATTACHMENT 6. Waive City Standard indemnification requirements and accept Sections 3C and 3D, including City's indemnification and defense obligations of the State as set forth in Section 3C of the Maintenance Agreement. G•\Eng\Elliott\Hyatt\IIF - Attachment • 0 STATE OF CALIFORNIA—BUSINESS, HOUSING AND TRANSPORTATION AGENCY GRAY DAVIS, Govemor DEPARTMENT OF TRANSPORTA ION DISTRICT 12 16u3 3347 MICHELSON DRIVE, SUITE # CN 380 I i IRVINE, CA 92612 C `10 ti Nqmull May 21, 2003 City of Huntington Beach Attn: Mr. Ro rt Eichblatt 2000 Main reet, P.O. Box 190 Huntington each, CA 92648 Dear Mr. Robert SUBJECT: Executed Maintenance Agreement File: 12-ORA-I-PM 24.11 Km 38.78 12-209-013503 Maintenance Agreement Attached for the City of Huntington Beach's file is one (1) fully executed copies of Maintenance Agreement between the State of California and City of Huntington Beach for the above referenced project. We thank you for your cooperation in the processing of this Maintenance Agreement. If you have any questions, please call me at (949) 724-21 S 1 or Thuan Nguyen at (949) 724-2136. Sincerely, Andrew Oshrin, Chief Design, Branch D - -• STATE'OF CALIFORNIA DEPARTMENT OF T�,,/'PORTATION MASTER AGREEMENTS COVER SHEET ADI.1-0133 (NEW 1/96) Uocument I-ile No. UHA-30 DIVISION/DISTRICT NAME 56 - MAINTENANCE MITACT PERSON (Name) BUSINESS PHONE MAIL STATION NO. CAROL LEWEN 654-5550 _ _ 31 DOCUMENT FILE NUMBER (Records Management will assign) ORA•30- NOTE: Add the above DoaxnerM Ilk nurWlrer to ALL Suppkwwd rod Anm%dn*Ms BEFORE lorwrdng /o Records Kwmgen*M TYPE OF AGREEMENT (Check one) ❑ Cooperative ❑ Delegated ❑ Freeway ❑ Electrical ❑ Constn,ction/ ❑ Other Maintenance Maintenance Maintenance NAME OF PROJECT DIVISIO /DISTRICT AGREEMENT NUMBER Mice D-12 COUNTY ROUTE(S) POST MILE(S) ORA _ t 1 38.78 THIS AGREEMENT IS MADE BETWEEN THE STATE OF CALIFORNIA AND ED CITY ❑ COUNTY ❑ OTHER HUNTINGTON BEACH EXECUTION DATE(S) OF MASTER AGREEMENT (Must have Month and Year) .11/18/02 EXPENDITURE AUTHORIZATION NUMBER(S) DESCRIPTION See Attached Mice Agreement between State and City covering responsibility as to the Ocean Grand Resort Pedestrian Overcorssin . FM 2212►194 MAINTENANCE AGREENII-Wr THIS AGREEW-NT, (the "Agreement") is made and entered into in duplicate, effective this 1 S , day of N a v e- 1% � -e r , 2002, by and between the State of California, acting through the Department of Transportation, hereinafter referred to as "STATE," and the cny tT H1JNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ". WITNESSETH: NVIIEREAS, on April 30, 2001, a Cooperative Agreement (District Agreement No. 12-375 Document No. 015955) was executed between CITY and STATE wherein CITY agreed to enter into a Maintenance Agreement to clarify the division of maintenance responsibility as to the Ocean Grand Resort Pedestrian Overcrossing, hereafter referred to as the "POC", on Route 1, 0.41 km north of Route 39, location ORA-001-3838 and Structure No. 55-1045. A sketch of the POC maintenance limits is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW THEREFORE, IT IS AGREED: 1.PEDFSTRIAN OVERCROSSING MAINTENANCE A.. Within the limits of the STATE right of way, STATE will maintain, at STATE's own cost and expense, the side girders, abutments and the entire structure of the POC below the top of the concrete deck surface, exclusive of any surface treatment thereon. B. CITY will accept control and maintain, at CITY expense, the portions of the POC Iying outside the STATE right of way, including, but not limited to, the landing, stairs and elevator tower portion of the POC. In addition, CITY will maintain, at CITY expense, the top of the concrete deck surface, together with any surface treatment thereon, and all other portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. CITY will also maintain all lighting and traffic service facilities provided for the benefit or control of pedestrian traffic, and will be responsible for all cleaning and painting as required to keep the entire structure free of debris and graffiti. 2. FUTURE IMPROVEMENT When a planned future improvement has been constructed and/or a minor revision has been effected to the POC, which affects the parties' division of maintenance responsibility for the POC as described herein, STATE will provide an amendment, which will be made a part of this Agreement when executed by both parties. 3. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the: Agreement by imposing any standard of care with respect to the maintenance of STATE highways or the POC different from the standard of care imposed by law. B. Notwithstanding the foregoing, STATE acknowledges and consents to the following: I. Pursuant to paragraph 5(c) of that certain agreement entitled, "License Agreement to Provide Landscaping and Other Public Improvements in the Public Right -of -Way" ("hereinafter referred to as the "License Agreement"), Dated February 20, 2001, by and between, among others, CITY and MAYER FINANCIAL L. P. (hereinafter referred to as "MAYER"), MAYER has agreed to perform and assume, at no cost to CITY, any and all of CITY's liabilities, obligations and responsibilities to STATE and/or others which may arise out of or are related to the CalTrans Approvals (as defined below), including, without limitation, paying or reimbursing STATE for costs incurred by STATE with respect to the POC which are CITY's responsibilities under the Ca?Trans Approvals. The "Caltrans Approvals" are defined in recital paragraph E of the License Agreement as "encroachment permits, a Cooperative Agreement for design and project development (District Agreement No.12-373), a Cooperative Agreement for .the construction phase of the project (District Agreement No. 12-375), and ... f this] Maintenance Agreement." II. Pursuant to that certain agreement entitled, "Assignment and Assumption Agreement and Consent to Assignment, "dated April 3, 2001, by and between MAYER and PCH Beach Resort, LLC (hereinafter referred to as "PCIT), PCH has agreed to perform and assume all of MAYER's obligations under the License Agreement relating to, among other things, the CalTrans Approvals. C. It is understood and agreed that neither STATE nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection 'with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officials, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CM under this Agreement or any delegations by CTTY to third parties as referenced in 3.B above. D. It is understood and agreed that neither CITY nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officials, officers and employees (but no indemnification and save harmless or defense is owed by STATE to MAYER or PCII) from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE- under this Agreement. 4. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH "t-MKIM= Mayor �, J %� Attel� r-e v -0 6L64"i City Clerk Approved as to Form: City Attorneyh' Reviewed and Approved: 2.—.wl C y Administrator Initiated and Approved: Director of is Works STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALFS Directe&of Transport tion B y_ J )uty Director and Maintenance Approved as to Form and Procedure: Attorney Department of Transportation 45.415 Weasured along C Bridge) ra W Glass Block Lantern 3S.662 Clear Span Top o/ Conc Chain Link m Deco. Elevator Tower o Girder Railing o Prec; Top of Conc Moutc o Surface t>verlay o Proposed Sidewalk �} Exp .h Typ Conc watt— Typ — PpC ------ Conc Elev 9.288m EC i Lantern Post gC Bottom o/ Girder ' El ev 7.752m le EC 7.152m Exist Rdwy P. I W _ a o �/ � Darum Elev=0.0 m Exist 1,370m.01 ,Sewer •Une-- Q.380 m PC/PS .Driven Pile— Typ �_______..____..-__--_____L - zssaz _C .:yr-rscrrsa.l' �' �'cs=r__:.-_.rsrrsar_-rsrr �•_-----_----- La--n- ---"---L-- n--Zl�ara•Sri Abutment Lir-a-vr--w-u-i>' !. .. N .. .... of T Y P is .. z. !. u 10• ii is E Z 10#20 10#40 It �� Abut 1 in SOUTH Abut 2 N „ SOUTH ELEVATION 1:150 P27 Sh t � 51 15 ee piles Existing Ri nt or wa 30.480 m r100 rt) 2,44t 5W f 3.6.6=�T 3.66= T_3.66= 3.81= , 3.66s-13.66=13.66=� 2.44'- ( 1 SW ' I 1 T 'Median' wall ' Exist 1.370mg_ Sewer Line r Palling. Typ- z�, I 1 4t Bridge Trench Drain, Typ----- See "Architectural Plans" ' N 15.730.860 C PCH 101, 0.000 C Bridge ' t2.4 ' LIMITS a I� ' OF' Ultimate lFuture) 10.20 l0!40 ' f RAN 1:12 Down ` CALTRANS BRIDGE MAINTENANCE n i 2.500 2.4 I 3.600 3.500 3.600 3.600 3.600 13.60U 3.600 �.4j2.500� film H /li -�i RaMnq, Ty 6,.5 rx ,-Slrucrur Approac N 7*66,06" F Trench Drai CALIFORNIA ALL-PURPG�...: ACKNOWLEDGMENT N /� KELLY LOL SE MANDIC State of �-�11rcW '!f C t]ss'Qn le t372844 90my Notary Puiic - CC1lifarrUp Orange County County of -- . - - _ -- _ Comm Expires Sep 1. M On 11,100 hid c ]Y_ _;-c02—_ before me, /anti; Dote Nam ale oI Omeet le g . "Jane Doe. NoLwy Pubacl personally appeared ,j I=bbeL Crt<%KC t laarrelsj 91 S,�er(el L ersonally known to me — OR --❑ proved to me on the basis of satisfactory evidence to be the persoQ whose namqo is#3r subscribed to the Vjftbin instrument and acknowledged to me that he/she/6--executed the same in hi er a uthorized capaci �, and that b his/her eir ignaturcoon the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. RL4LY LOUISE MANDIC Ccinm!Won 9 1372899 WITNESS my hand and official seal. Public - Calfornio .uange County Sgr,ahas of W y Pu6ic OPTIONAL Though the Information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and realtachmen' of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: S Signer(s) Other Than Named Above: Capacity(ics) Claimed by Signer(s) Signer's Name: k ❑ Individual COnntc . BAcickwAl F Corporate Officer Titfe(s): fC 4T4•1< ❑ Partner — ❑ Limited p General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 04- �`` Signer�Representing: M-0 affiRM MI&A Signer's Name: 0 Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator 11 C)ther Signer Is Representing: RIGHT THUMBPROiT Of SIGNER I I O 199i Nauaal Notary Anmarlon - 82W Re..W Ave.. PO. Go. 7184 -Canoga Park CA 91309-71&1 Prod. No. 5907 Reorder- Car roi-Ftee 1400-878-M27 ATTACHMENT #4 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Robert F. Beards_ley 2. Date: October 21, 2002 3. Name of contractor/permitte a: State of California Q. Description of work to be pf, rformed: Mainienance AC.Teement 5_ Value and length of contract: Value = 0: Length = Life of Pedestrian Overcros sing 6. Waiver/modification request: (See attached) 7. Reason for request and why it should be granted: Standard Caltrans' indemnification provision; Caltrans will not accel)t alternate provisions,. 8. Identify the risks to the City in approving this waiver/modification: City will have " to indemnifv and defend the State for anvthina comoleted or omitted by the Citv_ Department Head Signature Date: APPROVAL'. Approvals must be obtained in the order listi-A on this. form. Two approvals are required for a request to be granted: `•-Approval from the Cily Adrriiriistratoes Office iss bnly required if ="Risk Managerrient artd the'City Attomey's Oftice'disagree. 1. Risk Management J igApproved ❑ Denied Signature Date 2. Ciityy Attorney's Office 12'Approved ❑ Denied X L, Signature 16ate 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date '`.:t";:" �``•�5ff approved, the completedwarver/modifi�t;ort request is tobesubmitled to the = ..;_ .• ,:_' City Attomey's bffice along `with the contract for a�rovaL =-Once the contract has been approved, this: form is late filed with the Risk'Managerienl Division of Administmw'e'Seivices Inc R iMomnifwratinn Fnrm 7M9Ann2 a.m. Pu LIE ATTACHMENT b. Waive City Standard indemnification requirements and accept Sections 3C and 3D, including City's indernnification and defense obligations of the State as set forth in Section 3C of the Maintenance Agreement. G:IEng0IioaUIyattVIF - Attachmmt MAINTENANCE AGREEMENT THIS AGREEMENT, (the "Agreement") is made and entered into in duplicate, effective this 19 _ , day of N a v e- rvA 4 r . 2002, by and between the State of California, acting through the Department of Transportation, hereinafter referred to as "STATE," and the cr[r cF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ". WITVESSETH: WHEREAS, on April 30, 2001, a Cooperative Agreement (District Agreement No. 12-375 Document No. 015955) was executed between CITY and STATE wherein CITY agreed to enter into a Maintenance Agreement to clarify the division of maintenance responsibility as to the Ocean Grand Resort Pedestrian Overcrossing, hereafter referred to as the "POC", on Route 1, 0.41 Ian north of Route 39, location ORA-001-38:78 and Structure No. 55-1045. A sketch of the POC m:untenance limits is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW THEREFORE. IT IS AGREED: 1.PEDESTRIAN OVERCROSSING MAINTENANCE A. Within the limits of the STATE right of way, STATE will maintain, at STATE's own cost and expense, the side girders, abutments and the entire structure of the POC below the top of the concrete deck surface, exclusive of any surface treatment thereon. B. CITY will accept control and maintain, at CITY expense, the portions of the POC lying outside the STATE right of way, including, but not limited to, the landing, stairs and elevator tower portion of the POC. In addition, CITY will maintain, at MY expense, the top of the concrete deck surface, together wish any surface treatment thereon, and all other portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. CITY will also maintain all lighting and traffic service facilities provided for the benefit or control of pedestrian traffic, and will be responsible for all cleaning and painting as rewired to keep the entire structure free of debris and graffiti. Yr 1. Ail' : • /V 1 ►ta When a planned future improvement has been constructed and/or a minor revision has been effected to the POC, which affects the parties' division of maintenance responsibility for the POC as described herein, STATE will provide an amendment, which will be made a part of this Agreement when executed by both parties. 3. LEGAL RELATIONS AND RESPONSMELrTIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of STATE highways or the POC different from the standard of care imposed by law. B. Notwithstanding the foregoing, STATE acknowledges and consents to the following: I. Pursuant to paragraph 5(c) of that certain agreement entitled, "License Agreement to Provide Landscaping and Other Public Improvements in the Public Right -of -Way" ("hereinafter referred to as the "License Agreement"), Dated February 20, 2001, by and between, among others, CSI'Y and MAYER FINANCIAL L. P. (hereinafter referred to as "MAYER'), MAYER has agreed to perform and assume, at no cost to CITY, any and all of CTTY's liabilities, obligations and responsibilities to STATE and/or others which may arise out of or are related to the CalTrans Approvals (as defined below), including, without limitation, paying or reimbursing STATE for costs incurred by STATE with respect to the POC which are CITY's responsibilities under the CalTrans Approvals. The "Caltrans Approvals" are defined in recital paragraph E of the License Agreement as "encroachment permits, a Cooperative Agreement for design and project development (District Agreement No.12-373). a Cooperative Agreement for the construction phase of the project (District Agreement No. 12-375), and ...[this] Maintenance Agreement." IL Pursuant to that certain agreement entitled, "Assignment and Assumption Agreement and Consent to Assignment, "dated April 3, 2001, by and between MAYER and PCH Beach Resort, LLC (hereinafter referred to as "PCH"), PCH has agreed to perform and assume all of MAYER's obligations under the License Agreement relating to, among other things, the CalTrans Approvals. C. It is understood and agreed that neither STATE nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officials, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CTIT under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement or any delegations by CITY to third parties as referenced in 3.B above. y JJr...• D. It is understood and agreed that neither C= nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officials, officers and employees (but no indemnification and save harmless or defense is owed by STATE to MAYER or PCTO from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage t3 property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 4. EFFECTIVE DATE This Agreemcnt shall be effective upon the date appearing on its face. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH Atte City Clerk Approved as to Form: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Directer,of Transi BY, J City Attorney !0'20v � rr-o�-ate- 7 Reviewed and Approved: C y Administrator Initiated and Approved: r Director 01YAlic Works ?uty Director and Maintenance Approved as to Form and Procedure: Attorney Department of Transportation 4S.415 (Measured alon &id e) Ica Glass Block Lantern 35.662 Clear Span a Top of Conc Chain Unk m Deco. Elevator Tower I` Girder Flailing Prec; o Top of Conc v MOW(o Surface Overlay o Proposed Sidewalk F Ex Jt Typ Conc Watt Typ r _ _ POC Conc Elev 9.2as m aEC Lantern PostALM gC Bottom o/ Girder ,; Elev 7.152m El ev 7.152m ►. of � Exist Rdwy j� P.C. Mwy • v� � 11r i -----------------------; _ ' zea C rrrrrr-:-aal'=j-='Lti: r_=zs—.r�rr�ar_s sir ------------ Datum Elev=0.0 m Lw--n- -___---L a--utirn-i Abutment ir-w-�r-Ir-w-►� N 11 It w 1/ V Y t1 N If Y"► V i-- yp �► as a► •$. JL as w u .n u m 10,20 - 10+40 10• Exist 1.370mpf! q " is n Abut 1 E ` m Abut 2 Sewer •Une 11 11 .1 h c�� SOUTH ELEVATION . w n n u v i �i- ;i 1:150 0.380 m PC/PS P27 Sheet -Driven Pile piles Typ Existing Right of Way 30.480 m (100 ftl or 2.441 3.661• 3.66% 3.66=" 3.81: . 3.66113.66113.661. 2.44s r 1 I 'Median' ( I ; SW Exist 1.370mg! 15*730.860 C PCH ' mower Line II ( I o r3 10,30.000 C Bridge 2.440 L) zv I 1 2.440 Railing, Typ LIMITS , .0 CV �'n ' OF Elev 3.810! m t I Bridge ; if0.00 r, 1:12 Down 10.20 Roll 10.40 1 Roll 1:12 Down n CALTRANS BRIDGE MAINTENANCE Trench Drain, Typ See "Architectural Plans" s� .kjosssoot Ultimate (Fui,ure) 12.50012.4 3.600 1_3.SDO.- 3.600 1 3.600 3.600 13.600 3.600 .4J2.500, 35.000 ISee 'Note 1') ! Railing, Typ G.T rx -14rucrur Approac N 7'56'06" E Trench Drai EXHIBIT A i t- t- r) ,'. CALIFORNrA ALL•PURPDSE ACKNOWLEWMENT KELLY LOUISE MANDIC nCommission # 1372899 State of , `� ��'cr��t'�f� Notary Public - CottforNo Orange County §9MV County of Comm EnAres Sep 1. 2M6 On �Jdi fyJ o Z before me, Date Name Ae W C)"Cer {e 0 -jam Doe, Notary PUbhei personally appeared -i Cn.1K ,P f)in. t Name(f) 0159".) Cersonally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the persor� / ` whose nam@o is#3r subscribed to thewIn instrument and acknowledged to me that he/she! e executed the same in her ei uthorized capaci )e ,and that by hislhed err ignaturf0on the instrument the person s or the entity upon behalf of which the person s� cted, executed the Instrument. KL:LLY LOUISE MANDIC _ Cornrnission 11372899 WITNESS my hand and official seal. ,, •i ;. Norcr. Public - CoftfofNa Q,onge Couttfy • :h> C:3r rwn En:okes Sep 1, 2006 SrynaRaa of ry f'trC+ic OPTIONAL Though the information below is not required bylaw, n may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: hebk,4- Cn90k, ❑ Individual Cc9nntr BAackt✓i41 Corporate Officer Tiltle(s): IIA e - t- ❑ Partner — 0 Limited ❑ General' ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator Q Other: 019- Signerss e-Representing: t Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator * Other. IToprthu-"W Signer Is Representing: 0 1996 National NotaryAssociation • WX Remmet Ava., P.O. Boa 7184 • C-&*%n Park CA 91 309-7184 Prod. No. 5907 Reorder. Cal Tb1-Frio 1 MO B764W V ATTACHMENT #4 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Robert F. Beardsle 2. Date: October21, 2002 3. Name'of contractorlpermittee: State of Califomia . 4. Description of work to be performed: Maintenance Agreement 5. Value and length of contract: Value = 0' Length = Life of Pedestrian Overcrossin fi. Waiver/modification request: See attached) 7. Reason for request and why it should be granted: Standard Caltrans' indemnification provision: Caltrans will not accept alternate provisions. 8. Identify the risks to the City in approving this waiver/modification: City will - have ' to indemnify_and defend the State for aching completed or omitted by_the City. :! L-7 07 - Department Head Signature Date: ...::.. • .: ' .t" �:' ,`; _ -•. APPROVALS' rrJJ a-i.,'.1 ^r' �.H " �� :#'G; a' r-i:; i. '.a � h.,•.��. �.i .-y ,�;f 1 `� �.'. - r ' �: � :Approvals friirst tie 0 'awed in the: order listed on this form, :Iwo._approvalsare required �-{ „T� ; ` , t Tora request fo) tie granted: Approval f om:the City in Office �s orsly required if °°:; •.i..� 1.! •�.M1J✓�iK +iN`JY •. ..• .�-. . f . . .. . _+� .T'_-.....4 :� � •� ry_`Ji r•a. '_ ...,� Risk:Management and the' �ityAitomey�s Office dis'agree::;•-. 1. Risk Management J �gApproved ❑ Denied Signature Date 2. City Attorney's Office ii�"Approved ❑ Denie .d L Signature ate 3. City Administrator's Office ❑ Approved ❑Denied • � Signature Date app�aired;`ttie'toriipleted aiiaive�lmodifceCbii request is to be submittedto ``. City Attvm Yi Offlce along v+ritti itie contact for approrvat r� Qiice the contract tias t ees approved, ' i form'is'to be-C(edFwitti'it�e Risk Mariageinet Division of Admin'sstrafive Services '• Inc R Irrlame-Orntinn From 1nr>w7M7 ,vm PAII x ATTA CHNIENT 6. Waive City Standard indemnification requirements and accept Sections 3C and 3D, including City's indemnification and defense obligations of the State as set forth in Section 3C of the Maintenance Agreement. G.T. neElliotaHyatNIF - Aitachwnt Timon, Sue From: Timon, Sue Sent: Friday, May 23, 2003 11:29 AM To: Elliott, Terri Cc: Brockway, Connie Subject: Maintenance Agreement/Pedestrian Overcrossing!Hyatt Regency Hotel Hi Terri: The City Clerk's Office sent 2 duly executed original Maintenance Agreements to Massoud Tajik regarding the above. We maintain a vault Mile for Agreements and need one of the originals for our files. Please advise us which department and individual receives the agreements after execution by Cal Trans. Thanw you, Sue Timon Clerk's Office Ext. 1566 ZA h ! i.: %K - SUS MESS. 7RANSPORTAI-4 AND HOUSING AGENCY . _ -- = RAY DAVIS. Gown.or ' Darr. ► '.:.LN �' OF TRANSPOK-w' TION T .ELT'1 -` ' : lk; : C'F WAY REGION AMk .. .. us:--ict 1 s i :r► l O'ic..f. 0K."ce r 7•!l -' . .. tea •,��1iA $$(1 frvine. California 92^,i 2-d3S4 Phone- {9%4:; 7 i4-2634 FAX: (C40) 724-24111724-262-2 Gzry Dysart Vice President r=41- nas 1 A7 f.e•' Hilt Avenue, Suite 250 Cosia Mesa, CA 92626 Subject: Recorded easement deeds Dear Mr. Dysart: January 21, 2003 12-ORA-1-24.1 Pedestrian Overcrossing Bridge of Pacific Coast Highway The State of California, Department of Transportation has approved the easement deeds for parcels 102235- 1 and 107236-1 which granted easements to the State of California for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto for the above project. Due to the County Recorder's Office processing time, it may take up to three (3) weeks to receive the original recorded deeds. The deeds will be forwarded to you at that time. In the meantime, a conformed copy of each deed is provided. Prl:suant to the City of Huntington Beach, City Clerk's Office request dated December 6, 2002, two copies of raiu wasements are also being mailed in the returned envelopes provided by the Clerk's office. �`•:_': L j;:::a.:. any .4uRstio.ts regarding this matter, clo not hesitate to contact me at (9491 724-2549. Since. ely, *K,eikman Local Programs, Irvine Office Southern Right of Way Region /c: Connie Brockway, City Clerk, City of Huntington Beach Southern R/W Region W Angeles field Office 21073 Pathfuida. Suite NO 801 South Grand Avenue Diamond Bar. CA 91765 ion Angeles, CA 90017 Phone: (909) 468.1500 Fax: (909) 469.1501 Phone: (213) 897-1861 Fax: (213) S97-1962 TDD: (800) 735-2929 San $erwdino F're14 Office 464 W. 4' Street. 12'6 floor San Bernardino. CA 92401-1400 Phone: (909) 393.6211 Fax. (909) 383-6M CONFORMED COPY t Compared w th Original Number Recording Requested by, Clt/ of Hurtington Beach Whan Recorded, Mail to; State of California Department of Transportation Dimict 12, Office of Right of way 3337 Michelson Drive Irvine, CA 92612-9894 Attn: K. Dyiman R/W Local Programs EASEMENT DEED Recorded in Official Records. County of Orange Tom Daly, Clerk -Recorder Illf l ll�1C'IIIII@1011Hill II]iIf] 11]I'll 11111111[1 NO FEE 200300004753103:11pm 01/14103 116 23 E01 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 above tNs line for District County Route Post Number 12 ORA 1 KP38.7 102235-1 The City of Huntington Beach GRANTS to the State of California an EASEMENT for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto upon, over and across that certain real property in the City of Huntington Beach, County of Orange, State of California, descnbed as follows: SEE EXHIBIT "A' ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. SUBJECT TO ALL RIGHT HEREBY RESERVED BY THE CITY OF HUNTINGTON BEACH TO ACCESS THE EASEMENT AREA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PEDESTRIAN ACCESS AND LANDSCAPE MAINTENANCE, PROVIDED SUCH ACCESS SHALL. NOT INTERFERE WITH THE RIGHT OF THE STATE OF CALIFORNIA TO MAINTAIN THE PEDESTRIAN OVERPASS AND IMPROVEMENTS AND FACILITIES DESCRIBED HEREIN. Form RW 6-1(P) (Revised 10199) Dated this,21day of , 2002 CITY OF HUNTINGTON BEACH, A Califomia Corporation &4 M. & 4� Mayor ATTEST: aL I ) '—Z'7 City Clerk APPROVED AS TO FORM: 1/. i-�zcityAtiorrtey f /D REVIEWED AND APPROVED: �� t-p'Z'1-4 C Administrator INITIATP AND APPROVED; Direc of Pubic Works Form RW 6.1(P) (Revised 1W9) STATE OF CALIFORNIA County of_ f A4AIr-F- " SS PERSONAL ACKNOWLEDGMENT t]nthis the , dayof.� UF1MkA, 20Qh,beforeme, Le Ira( L.00rs� ,�An��yG /i%fo"g a�j Name. TO of Officer-E.G.,'Jana Doe, Notary Public' personally apeared .Dab�-r I -A - "J Gu n n, E- �B40dc'v'*f Names) of Signer(s) KperswMly known to me 0 proved to me on the basis of sattstactory evidence to be the per=O whose name S — Ng subscdbed to the within hsstnrment and 8chnoWedged to me that , he/sh xecvted the Same h 1ki:,_ Nslherltheir authortzed c;apadWes), and that by :IjEu his ber/Meiir signature(s) on the hrstrznent the person or the entity upon b" of which the mo ss�aeted, executed the Instrument. WITNESS my hand and official seal. of (Notary s aignature m and said County and State) ,ELLY LOUISI MANUK, 1 Corr nlss on 11372899 .� Notary Pudic - Ca!itomia Oron ,e Cormty W Caffm E9*eS SeP 1. 200a (kw n—q o" « THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Govemment Code Section 27281), hereby accepts for public; purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand _ this 3!'� day of , 24g� ',- &V 405_—�-� Director of Transporta By n Attorney In F t Form RW 6-1(P) (Revised iOM) EXHIBIT "A" LEGAL DESCRIPTION PARCEL 102235-1 PAGE 1 OF I THE LAND DESCRIBED HEREIN IS A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, N THE RANCHO LAS BOLSAS, AS PER MAP RECORDED N BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, LOCATED N THE CITY OF HUNTNGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CONSTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, 100 FEET WIDE, AND TWIN DOLPHIN DRIVE, 86 FEET WIDE, AS SHOUNN ON THE MAP OF TRACT NO. 15535, FILED N BOOK 790, PAGES 44 THROUGH 50, MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, THENCE ALONG THE CONSTRUCTION CENTERLINE OF SAID PACIFIC COAST HIGHWAY, ACCORDrNG TO SAID MAP, SOUTH 52004'15" EAST 506.54 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 3705545" NEST 50.00 FEET TO THE SOUTTWESTERLY RIGHT-OF-WAY OF PACIFIC COAST HIGHWAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 37°55'45" WEST 16.84 FEET; THENCE SOUTH 52004'15" EAST 24.35 FEET; THENCE NORTH 81°06'53" EAST 1.95 FEET; THENCE SOUTH 52"04'15" EAST 7.32 FEET; THENCE NORTH 37°5545" EAST 15.42 FEET TO SAID SOUTHWESTERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY NORTH 52004' 15" WEST 33.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINS 544 SQUARE FEET OR 0.012 ACRES OF LAND, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS= DAY OF Grr04W , 2002. LASD S Rarer G��Fjo Dp.12pi/0z ONALD ROYCURRY,-" L.S. 7846 EXP. 12/31 /02 F OF �`IFO ,ru Ai e.. Ir,p. P.QB \c c rf oq, 1 r" . Too, 2 ' S0' GRAPHIC SCALE EKHIB1r 'B' PLAT L 07' I 7RA CT 15535 1MMS 790144-50 EASDAW FQR PELIESTRIav OVEWIM PER INST. NO. 20OW291180 REC. 6-02-00 0.R. ORAN E r.P.o.B. -Irl? � ASS158SOR'S No. \ 024-281-02 SEE . \ f DETAIL 1 ` r.P.o.B cs .Q DETAIL 1 5' If' 20' 40' �� �"► -h' GRAPHIC 'SCALE i tn17- TABLE LME lAG oISTAYX L1 S'45•N F 50.00' 12 N' - 1.95' 04'r5'E 7.32' PARCEL 102235-1 EASEMENT 0012 ACRES FUSCOE ENCIPEMINC SAN DIEGO INC. 6390 GVEWICH OR. STE. 170 SAN DIEG'O, CA 92122 PH WE (858) 554-1500 - S* �.'� F lY CALlFt]RYA: 6UStFlEa'S.1'RItiSPORTJ1�10l t MIQ k10[tSfta<i AGEI lGY GRAY CAM. GW#U~ TPAt-Z�P0i ,..w1T10N CIMAY Rt:(r.'1N DisMo 12. M W Field O "ce Irving=, Callfumla V512Z894 Phone: (gdR) FAX (.�� r.�4.�_L?� 1�►�•:.r:�,.,.� Gary D ts. z Vice P•---3�.h1nt fi aorna> 3187 F.s-? Hi!) Avei.ue, Suite 250 Subject: V.corded easement deeds Dear Mr. fn-swt: :.P.Io.rary ? ., z003 12-ORA-1-24.1 Pedestrian Overcrossing Bridge of Pacific Coast Highway The State o California, Department of Transportation has approved the easement deeds for parcels 102235- 1 and 10223R• 1 which granted easements to the State of California for the purpose of a pedestrian overpass end improvements and facilities appurtenant thereto for the above project. Due to the County Recorder's Office processing time, it may take up to three 13) weeks to receive the original recorded deeds. The deeds will be forwarded to you at that time. In the meantime, a conformed copy of each deed is provided. Pursuant to the City of Huntington Beach, City Clerk's Office request dated December 6, 2002, two copies of said easements are also being mailed in the returned envelopes provided by the Clerk's office. Should you have env questions regarding 1. is .mst e% .1_ r:c: hcs!t=ta t:, 4.a:.:L-(f rtr a: 1a49) 724-,c54•g. Sincerely, - � w *Y.eikiaan Local Programs, Irvine Office Southern Right of Way Region y/tc: Connie Brockway, City Clerk, City of Huntington Beach ma Southern Rf W Region Las Angeles Feld Office 21073 Pathfu►da, Suite 100 San Bernardino Field Dice SDI South GmW Avenue Diamond Bar, CA 91763 464 WY 42'Street, Ir floor Gas Angeles, CA 90017 Phone: (909) 468-1300 Far (909) 468-1501 San 8crnardino. CA 92401-1400 Phone: (213) 897.1961 Fax (213) 897.1962 TDD: (800) 733-2929 Phone: (909) 393-6211 Fax (909) 383-6M CONFORMED CO:''' �)t Compared with Original Number Re :ordn9 Requested by, CLV o; i:w.tington Beach When Recorded, Mail to: State of California Department of Transportation District 12, Office of Right of Way 3337 Micf:alson Drive Irvi'te, CA 92612.8894 Attt: K. Dykman R/W Local Programs EASEMENT DEED Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder Jill !1.Il.11llll:ll111111',11L111''111:llllClllll I;,ll11[40 FEE 2003000047530 03l i pm D1114J03 116 23 E01 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above ttus One for Recorders District Coun Route Post Number 12 ORA 1 KP38.7 102236-1 The City of Huntington Beach GRANTS to the State of California an EASEMENT for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto upon, over and across that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: SEE EXHIBIT 'A"ATTACHED HERETO AND INCORORATED HEREIN BY THIS REFERNCE. SUBJECT TO ALL RIGHT HEREBY RESERVED BY THE CITY OF HUNTINGTON BEACH TO ACCESS THE EASEMENT AREA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PEDESTRIAN ACCESS AND LANDSCAPE AND SLOPE MAINTENANCE, PROVIDED SUCH ACCESS SHALL. NOT INTERFERE WITH THE RIGHT OF THE STATE OF CALIFORNIA TO MAINTAIN THE PEDESTRIAN OVERPASS AND IMPROVEMENTS AND FACILITIES DESCRIBED HEREIN AND TO ALL COVENANTS, RIGHTS. RIGHTS -OF -WAY AND EASEMENTS OF RECORD, INCLUDING, BUT NOT LIMITED TO, RIGHTS OF PEIESTRAIN ACCESS GRANTED TO SHE CITY OF HUNTINGTON BEACH BY THAT CERTAIN EASEMENT DEED FOR PEDESTRIAN OVERPASS PURPOSES RECORDED ON JUNE 2, 2000, AS DOCUMENT NO. 20000291180 IN OFFICIAL RECORDS, COUNTY OF ORANGE. Form R1116-1(P) (Revised 10/99) Lm- n Dated this `5_day of .2002 CITY OF HUNTINGTON BEACH, A Califomia Corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: CityAttomey REVIEWED AND APPROVED: Cir,02ministrator INITIATE ND APPROVED; 1 Director of B lic Works Form RW 6-1(P) (Revised IM9) STATE OF CALIFORNIA counrl of og�� 9- SS r��►E�tl�/f PERSONAL ACKNOWLEDGMENT On this the L5_ day of J ga- -- 2oi2 Z , before me. , ,&II J �Qdt S e --1 i tdf Name, Title of Oficer-E .,'Jane Doe, Notary Public' personaCy appeared Name(s) of Signer(3) �pe�sonally knovm tome O proved to me on the basis of satlsfactory evidence to be the person© twe name fsJ re ubscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same in JAEI4 hWher/dWr authorized cWcV&s), and that by—tj&a his&w/their signatures) on tho instrument the person(s), or" entity upon bOwt of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . 0. {Notary Pubic' lgnature In and for said Coup and State) ttEtly LOUISE MANDIC Commission [ 1372899 Notary PublIc - Ca;IfarNa orange County d0MyCornMEg*eSSqP1-= now" ..0 or "fV) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described In the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this 1'3-r-- t day of )VZ7 20'93 Director of of Transportation By Form RW E-1(P) (Revised IM9) . r ` k1wo_l EXHIBIT "A" LEGAL DESCRIPTION PARCEL 102236-I PAGE 1 OF I THE LAND DESCRIBED HEREIN IS A PORTION OF LOT 1 OF THE MAP OF TRACT NO. 15535, FILED IN BOOK 790 PAGES 44 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF THE COUNTY OF ORANGE, LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CONSTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, 100 FEET WIDE, AND TWIN DOLPHN DRIVE, 86 FEET WIDE, AS SHOWN ON SAID MAP, THENCE ALONG THE CONSTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, SOUTH 52"04'15" EAST 499.54 FEET; THENCE PERPENDICULAR TO SAID CENTERLml NORTH 3705545" EAST 50.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF PACIFIC COAST HIGHWAY AND THE. TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 3705545" EAST 43.41 FEET; THENCE SOUTH 52004' 15" EAST 46.98 FEET; THENCE SOUTH 37°55'45" NEST 43.41 FEET, TO SAID NORTHEASTERLY RIGHT-OF-WAY; THENCE ALONG SAID NORTHEASTERLYRIGHT-OF-WAY NORTH 52004'15" NEST 46.98 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2039 SQ. FT., 0.047 ACRES MORE OR LESS SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. ALL AS SHOWN ON EXHIBIT'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF , 2002. ,9 LAND SG �t 4 ROY���ffo W. 12/31/02 s DONALDDONALD ROY�RRY�L.S. 78467846 9lf' OF �L�Ep`��\- EXP. 12/31/02 EXHIBIT U PLAT R4MAINDRR PARCEL 7R 15535 La7 2 M3 7901PGS 44-50 TR 15535 M3 7901PGS 44-50 LOT TR 15535 / MMB 790144-50 LIW DATA of � P.O.B LIAEJ EEARI.N0 DISTAAa L 1 N37 `55'45 "E 50. lN' L2 N37'55'45"E 43.41' L3 S52004' 15'E 46.98' L4 IS37*55'45'Wi 43.41 ' LS N52'04 15 "MY 46.93' c , fa� 's�, ,�� PARCEL 102236-1 �aq�, �, �9s EASEMENT 0.047 ACRES T.P.OB. y 1 " = 200' 50,100, 2Q0' 400' GRAPHIC SCALE FUSCOE MINMING SAN DIEGO INC. 6390 OF—S ICN DR. STE. 170 SAN DIEGO, CA 92122 PH" (658) 554 —1500 PITY OF HUNTINGTON BEACH Lo MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PW 02-095 Council/Agency Meeting Held: Deferred/Continued to: ,1(Approved D Conditionally Approved ❑ Denied City Clerk's Signat6re Council Meeting Date: November 18, 2002 Department ID Number: PW 02-095 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS a � -- SUBMITTED BY: RAY SILVER, City AdministratorGf,..� "-0 = . PREPARED BYOBERT F. BEARDSLEY, Director of Public Works SUBJECT: Approve Easement Deeds for Pedestrian Overpass Purposes nd- Maintenance Agreement with the State of California > =StatementIssue, Funding Source, Recommended Action, Alternative Action(s). Analysis, Environmental Status, Attachment(s) Statement of Issue: The Easement Deeds for the Pedestrian Overpass and the Maintenance Agreement with the State of California for the Pedestrian Overcrossing (POC) of Pacific Coast Highway at the Hyatt Regency Hotel site are ready for City Council approval. Funding Source: Not applicable. Recommended Action: !!lotion to: 1. Approve and authorize the Mayor and City Clerk to execute Easement Deed Nos. 12-ORA- I-KP38.7-102235-1 and 12-ORA-I-KP38.7-102236-1 granting easements to the State of California for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto. 2. Approve and authorize the Mayor and City Cleric to execute the Maintenance Agreement between the City of Huntington Beach and the State of California for the Pedestrian Overcrossing. Alternative Actions : Deny the recommended actions. This action will contradict existing agreements and City commitments to the project. Analysis: In connection with the development approvals for the Hyatt Regency Resort Hotel parcel, Mayer Financial, LP, (subsequently assigned to PCH Beach Resort, LLC (PCH)), was permitted to construct a Pedestrian Overcrossing spanning Pacific Coast Highway. Through an 02-095 Nov 18 Elliott (Easement & Maintenance Agreement - Ped Overpassl.doc X- 11141200212:28 PM 1 4�-11 �.) REQUEST FOR ACTION MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PW 02-095 amended and restated Development Agreement and Disposition and Development Agreement, PCH was granted permission to construct the Overcrossing and be responsible for all costs to install, maintain, repair and replace facilities necessary for the POC. The City agreed to obtain necessary approvals from the State to construct the Overcrossing with the costs borne by PCH. On April 30, 2001, the City entered into Cooperative Agreement No. 12-375 with the State that defined the terms and conditions under which a POC was to be constructed, financed and maintained. Project development responsibilities were covered in a prior Cooperative Agreement, District Agreement No. 12-373, dated July 5, 2000. Under the terms of the various agreements between the City and PCH, PCH shall perform and assume, at no cost to the City, all obligations specified in the State Agreements for project development, construction and maintenance. With the proposed agreement, the State will become the owner of the POC except for the landing, tower, stairs and elevator in the City's beach parking lot and will maintain at its expense the facility below the top of the concrete deck surface, exclusive of the surface treatment. The City will be responsible for maintenance of the concrete deck surface and all portions of the structure above the concrete deck surface, including the lighting and fencing, and be responsible for all cleaning and painting as required to keep the entire structure free of debris and graffiti. The deeds will grant easements from the City of Huntington Beach to the State for the purpose of the pedestrian overpass, and improvements and facilities appurtenant thereto. One easement is on the Hyatt Regency Hotel parcel and the other is on the City's beach parking lot adjacent to Pacific Coast Highway. City staff approved a waiver request pertaining to the indemnification requirements of the Maintenance Agreement with the State. Specifically, the City is waiving its standard indemnification requirements and accepting Sections 3C and 3D, including the City's indemnification and defense obligations of the State as set forth in Section 3C of the Maintenance Agreement. Environmental Status: The pedestrian overcrossing was included in the Supplemental Environmental Impact Report No. 82-2, certified in 1988, the Addendum to SEIR 82-2 approved in September 1998. A tachment(s): TE:jm CUSS Nov i8 Elliott (Easement & Maintenance Agreement- Ped Overpass)_doc 11141200212:28 PM Brockway, Connie From: Elliott, Terri Sent: Tuesday, November 19, 2002 12:02 PM To: CITY CLERK Subject, FW: Pedestrian Overcrossing Documents Connie, Last night, item E-11 went to counci" for approval. In the RCA the recommended action stated: Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Easement Deed Nos. 12-ORA-1- KP38.7-102235-1 and 12-ORA-I-KP38.7-102236-1 granting easements to the State of California for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto. 2. Approve and authorize the Mayor and City Clerk to execute the Maintenance Agreement between the City of Huntington Beach and the State of California for the Pedestrian Overcrossing. Below in Gary Dysart's e-mail are more specifics on what to do vrith the documents. If you have any questions, please let me know. Terri X5580 ---Original Message-- _ From: Gary Dysart [mai1to:gdysart@psomas.[omI Sent: Monday, November 18, 2002 6:38 PM To: Terri EftioM Qty of Huntington Beach U., 'Gus Duran, aty of Huntirgton Beach' Subject Pedestrian Overaossinq Documents Hi Terri: As we discussed, I have described below the actions to be taken upon approval of the documents by the City Council. Maintenance Agreement Two (2) executed originals shall be sent to Caltrans along with a certified excerpt of meeting minutes to: Massoid Tajik. Chief Maintenance Engineering District 12 State cf California Department of Transportation 3337 Michelson Dr. ,Suite 380 Irvine, CA 92612 The State will send the City a fully executed Agreement for Its records. Easement Deeds The executed two easement deeds shall be mailed to: Phil Bheriy Right of Way Acquisition Branch District 12 State cs California Department of Transportation 3337 Michelson Dr. Irvine, CA 92612 ATTACHMENT #1 „ a 0 0 0 00 N O O N 0 N 'PMB yoeeg c 0 z�'�ld'�; k'- f / / / I,131'4e.fyl�4t' Y Fttn ,"�� 'r✓r'1%' v C�tY � ¢C"'t'�fpam4' b,Yx d�yT jq,t, �t�i,;,t' / ,,r1k•toG`�2d,}'�i / �I'i��w .rtii�'t�,;�i� tij^^.�la�flf,fi �;%^ i�p;,'ntt�,]t•i{? tt; a },Mlip '\ /' �h'r ¢•t r�tk�kF r„(Ng,�1.,eS4 a��s5a+�`'r.,'•;;�,* r S/� % 'kry'�i'�Ift';�isi�'niq$J��,. 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'1+�'.a; - .`�',?, / / � SKr1':rh�+rr.'{[unt,ti)r�:<�?; c`1':M,��,n,-jt"��.a�;r:., i�'ta"¢•{Fl�,xfaMrcrl�.,,..�^'�y}..,�1r4°t.4•w .ti pir _'.:��n*,;."�ta�,bs'i CL a Z 0 Q V 0 J W v Z C _ N •1 � U con O w U 10/16/2002 8:08:10 AM LOCATION MAP N Pedestrian Overcrossing W E S City of Huntington Beach Scale: 1" = 437' ATTACHMENT #2 �..j `�, 0 CITY' OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 December 6, 2002 Phil Brierly Rights of Way Acquisition Branch District 12 State of California Department of Transportation 3337 Michelson Drive Irvine, CA 92612 Dear Mr. Brierly: Enclosed are two duly executed Easement Deeds Nos. I2-0RA- IKP39.7-102235-1 and 12-ORA-I-KP38.7-102236-1 granting easements to the State of California for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto. At the November 18, 2002 Council Meeting, these easement deeds were approved for execution by the Mayor and City Clerk. Also enclosed are two copies of said easements which it would be appreciated if you would have conformed and returned to the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. A self addressed, stamped envelope is enclosed. Thank you. Sincerely, Connie Brockway CMC City Clerk fir.► Number EASEMENT DEED above itvs line for Recorders Use District Counrf Route Post Number 12 ORA 1 KP38.7 102236-1 The C'ry of Huntington Beach GRANTS to the State of California an EASEMENT for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto upon, over and across that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: SEE EXHIBIT 'A" ATTACHED HERETO AND INCORORATED HEREIN BY THIS REFERNCE. SUBJECT TO ALL RIGHT HEREBY RESERVED BY THE CITY OF HUNTINGTON BEACH TO ACCESS THE EASEMENT AREA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PEDESTRIAN ACCESS AND LANDSCAPE AND SLOPE MAINTENANCE, PROVIDED SUCH ACCESS SHALL NOT INTERFERE WITH THE RIGHT OF THE STATE OF CALIFORNIA TO MAINTAIN THE PEDESTRIAN OVERPASS AND IMPROVEMENTS AND FACILITIES DESCRIBED HEREIN AND TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, INCLUDING, BUT NOT LIMITED TO. RIGHTS OF PEDESTRAIN ACCESS GRANTED TO THE CITY OF HUNTINGTON BEACH BY THAT CERTAIN EASEMENT DEED 'FOR PEDESTRIAN OVERPASS PURPOSES RECORDED ON JUNE 2, 2000, AS DOCUMENT NO. 20000291180 IN OFFICIAL RECORDS, COUNTY OF ORAN 3E. Form RW 6•1(P) (Revised 10199) Own Dated ihisdayof .2002 CITY OF HUNTINGTON BEACH, A Caiifomia Corporation Mayor ATTEST: G�J LGe &—, City Cleric APPROVED AS TO FORM: City Attorney `r 3 FEVIEVIED AND APPROVED: C: dministrator INITIATE-" NITIATE NO APPROVED; Jn Director of lic Works Form RW 6-1(P) (Revised 10(99) STATE OF CALIFORNIA County of Sc I ss L_e,t,l 4 PERSONAL ACKNOWLEDGMENT On this the j?,'�_ day of , &4) d n 18C_ 200 2- , before me, to 1I./ L i 1, tie Name, T+Ce of 0tricer-E. .,'Jane Doe, Notar/ Public' personalty appeared f C(i nr d- O Jj 0/ Name(s) of Sigwr(s) personalty known to me C proved to me on the basis of satisfactory evidence to be the person sj ose name 9 is! re ubscribed to the within Instrurr ent and acknowledged to me that J4— hatsheRhey executed the same In J30 hislherftheir authorized capa:ttyoes). and that by t{�aa hWherltheir signature(s) on the Instrument the pemm(s), or the entity upon behalf ct wtuch the person(s) acted, executed the Instrument. WITNESS my hand and official seal. %ffjA---j s t (Notary Public(Aignature in"for said Coup and Stale) KELLY LOUISE MANDIC Ccrruniss:on a 1372840 r N01Ory PUbliC - C0111OM10 Orange County My Corm: E)Yies sep 1. 2M rotary "W or THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described In the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_„_, Director of Transportation By Attorney in Fact Forth PW 6-1(P) (RWsed 10%) Lig PARCEL 102236-1 EXHIBIT "A" LEGAL DESCRIPTION PAGE I OF i THE LAND DESCRIBED HERE IN, IS A PORTION OF LOT 1 OF THE MAP OF TRACT NO. 15535, FILED IN BOOK 790 PAGES 44 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF THE COUNTY OF ORANGE, LOCATED IN THE CITY OF HU\"FINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CONSTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, 100 FEET WIDE, AND TWIN DOLPHIN DRIVE, 86 FEET WIDE, AS SHOWN ON SAID i IAP, THENCE ALONG THE CONSTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, SOUTH 52004'15" EAST 498.54 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE NORTH 3705545" EAST 50.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF PACIFIC COAST HIGHWAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 37055'45" EAST 43.41 FEET; THENCE SOUTH 52004'15" EAST 46.98 FEET; THENCE SOUTH 3705545" WEST 43.41 FEET, TO SAID NORTHEASTERLY RIGHT-OF-WAY; THENCE ALONG SAID NORTHEASTERLY P.IGHT-OF-WAY NORTH 52004'15" WEST 46.98 FEET TO THE TRUE POIN17 OF BEGNNNG. CONTAINS 2039 SQ. FT., 0.047 ACRES MORE OR LESS SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. ALL AS SHOWN' ON EXHIBIT'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS � DAY , 2002. LANDROY S DXP.12/31/02 DO`A D 0� RF.Y .S. 7846 �91E IS 7WO OF CAvE� EXP. 12/31/02 %"W %Ud EXHIBIT 'B' PLAT" R,MAIND5R PARCEL N.. 7R 15535 LDi' 2 MR 7901PG3 44-50 7R 15535 MB 7901PG3 44-50 "f\ .4 Jf LOT I TR 15535 / MMB 790144-50 LINE DATA P.O.B LIKE SCARING DISTANCE L 1 N37'55'45"E 50.00' L2 N37'55 45 E 43.41 ' L3 S52'04 15 "E 46.96' L4 S37.55 45"W 43.41' L5 N52'04 15"W 46.98' \, \\, PARCEL 102236-1 EASEMENT 0.047 ACRES T.P.O.B 1" = 200' 0 50,100, 400' 400' GRAPHIC SCALE FUSCOE MMERIZ SAN DIEGO Int. 6390 GRMHICK! DR. STE. 170 SAN DiEGO. CA 92122 PhU E (W5) 554-1500 Q ATTACHMENT #3 W Number EASEMENT DEED above trus fine for Recorders use Dlstrfct County Paute Post Number 12 ORA 1 KP38.7 102235-1 The City of Huntington Beach GRANTS to the State of California an EASEMENT for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto upon, over and across that certain real property In the City of Huntington Beach, County of Orange, State of Califomia, described as follows; SEE EXHIBIT `A' ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. SUBJECT TO ALL RIGHT HEREBY RESERVED BY THE CITY OF HUNTINGTON BEACH TO ACCESS THE EASEMENT AREA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PEDESTRIAN ACCESS AND LANDSCAPE MAINTENANCE, PROVIDED SUCH -ACCESS SHALL NOT INTERFERE WITH THE. RIGHT OF THE STATE OF CALIFORNIA TO MAINTAIN THE PEDESTRIAN OVERPASS AND IMPROVEMENTS AND FACILITIES DESCRIBED HEREIN. Form I1W 6.1(P) (Revised 10*9) IN Dated this,2:5:_day of _ZZLZi -. _ . 2002 CITY OF HUNTINGTON BEACH, A Ca'ifomia Corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: Al-z �r r- 5 nzCity Attorney 3 REVIEWED AND APPROVED: 7 L-P--4� Cit Administrator INITIATE AND APPROVED; .� A Direc prof Public Works Forth FrN 6-1(P) (Rerised 10199) STATE OF CALIFORNIA SS County of [�a�-G.f_ I PERSONAL ACKNOWLEDGMENT On ttds the day of V iM Av- 20 Q&, before me, -ke 1i -0,lrs a Ai r .r �-_ otit v ✓6�.L Name, Title of officer-E.G., "Jane Doe, Notary Public' person.* appeared i J o n n F Narne(s) of Signer(s) personally known to me 0 Frcved to me on the basis of satisfactory evidence to be tre persoQ whose name s� { _ Is+LIr subscribed to the within instrument and acknowledged to me that AEJ_ he/sh a xecuted the same ink hi5lherRh9ir authorized Cap3aty[ies), and that by hislhBrltheir signature(s) on the Instrument the persm� or the entity upon behalf of which the perso ass acted. executed the instrument - WITNESS my hand and official seal. %9-r',�C4'6y' & s (Notaryu s signature rn and n said County and State) KELLY L011'SE MANUK, I Cor• rnUon 1372899 1 Notory Public - Cc litornio pronge County My Comm. Expires SeP L 2006 mary Nan or THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described In the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, i have hereunto set my hand this _ day of , 20._ Director of Transportation By Attorney in Fact Form RW 6-1(P) (Revised 10199) ME PARCEL 102235-1 EXHIBIT "A" LEGAL DESCRIPTION PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF SECTION 14, TONINNSHIP 6 SOUTH, RANGE 1 I NEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEG NNNG AT THE INTERSECTION OF THE CONISTRUCTION CENTERLINE OF PACIFIC COAST HIGHWAY, 100 FEET WIDE, AND TWIN DOLPHIN DRIVE, 86 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 15535, FILED IN BOOK 790, PAGES 44 THROUGH 50, MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, THENCE ALONG THE CONSTRUCTION CENTERLINE OF SAID PACIFIC COAST HIGHWAY, ACCORDING TO SAID MAP, SOUTH 52°04'15" EAST 506.54 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 3705545" NEST 50.00 FEET TO THE SOUTTWESTERLY RIGHT-OF-WAY OF PACIFIC COAST HIGHWAY AND THE TRUE PONT OF BEGINNING; THENCE CONTINUING SOUTH 37°5545" NEST 16.84 FEET; THENCE SOUTH 52004'15" EAST 24.35 FEET; THENCE NORTH 81°06'53" EAST 1.95 FEET; THENCE SOUTH 52104'15" EAST 7.32 FEET; THENCE NORTH 37'5545" EAST 15.42 FEET TO SAID SOUTHWESTERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY NORTH 52004'15" NEST 33.00 FEET TO THE TRUE PONT OF BEGINNING; CONTAINS 544 SQUARE FEET OR 0.012 ACRES OF LAND, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE hIADE A PART HEREOF. DATED THIS DAY OF G1~ra , 2002. VND ROY��, Fo DP. 12/31/02 DOVALD ROY URRY, L.S. 7846 �91f- EXP. 12/31/02 �� �1'lE EXHIBIT'B' PLAT Bd'• �J. P.O.B LOT I TRA 07' 15535 MMB 790144-50 \r 's- [��rgl,�c� EASEUENT FAR PEDESTRIAN ovmAsS PER mr. w. 20000291180 £C. s�-00 O.R. 1 r : roo � \`�•• \ z ' so' tao• 2 0• GRAPHIC SCALE ASSBSS0R'S NO. 024-281-02 h`�' T.P.O.B 4j. GRAPHIC SCALE \ N/ SEE \ DETAIL 1 \ L ME TAa-r LIB BfARM DISTAAC- L� S3755'45'w 50.00' L2 MI06'53' r.95' L3 S52.04' 15" 7.32 PARCEL 1022351 EASEMENT 0.012 ACRES RSCOE QVC WMINC SAN A1EC0 INC. 090 Gp.E WIM DR. STE. 170 SAN DIEGO, CA 92122 PROW (858) 554-1500 ATTACHMENT #3 LIM i�, CITY' OF HUNTINGTON BEACH Plkv 2000 MAIN STREET CALIFORNIA 92648 December 6, 2002 Massoud Tajik, Chief Maintenance Engineering District 12 State of California Department of Transportation #380 3337 Michelson Drive Irvine, CA 926I2 Dear Mr. Tajik: Enclosed are two duly executed original Maintenance Agreements between the City of Huntington Beach and the State of California for the Pedestrian Overcrossing of Pacific Coast Highway at the Hyatt Regency Hotel site in Huntington Beach. Please forward a copy for the City Clerk's file upon execution by the State. Thank you very much. Sincerely, Connie Brockway CMC City Clerk CC: Terri Elliott, Principal Civil Engineer, City of Huntington Beach Robert Beardsley, City of Huntington Beach Public Works Director Attachments: Two Original Agreements and Statement of Council Action N CITY OF HUNTINGTON BEACH 1kiz-11"2000 MAIN STREET CALIFORNIA 92M December 5, 2002 At the November 18, 2002 City Council Meeting the City Council passed and adopted the following motion: CONSENT CALENDAR —ITENIS APPRONT.D On motion by Green, second Boardman, the Council approved the following item by the following roll call vote: AXES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None (City Council) Approve) Two Easement Deeds and (2) Maintenance Agreement between the City and the State of California for Pedestrian Overcrossing (POC) Pu[poses and _Improvements at Pacific Coast Highway and the Hyatt Regency Hotel Site ( ) —1. Approve and authorize the Mayor and City Cleric to execute the Easement Deed No. 12-ORA-I-KP38.7-102235-1 and Easement Deed No. 12-ORA-I-KP38.7-10223Cr1 granting easements to the State of California for the purpose of a pedestrian overpass and improvements and facilities appurtenant thereto; and 2. Approve and authorize the Mayor and City Cleric to execute the Maintenance Agreement between the City of Huntington Beach and the State of California for the Pedestrian Overcrossing. Submitted by the Public Works Director. Funding Source: Not applicable. Adjournment: The regular meeting of the City Council of the City of Huntington Beach adjourned. Connie Brockway CMC^AV- City Clerk MAINTENANCE AGREUNIENT THIS AGREEMENT, (the "Agreement') is made and entered into in duplicate, effective this 19 , day of N o v e- w& b R r , 2002, by and between the , State of California, acting through the Department of Transportation, hereinafter referred to as "STATE,". and the cm tF HLTNMGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ". RTTNESSETH: VV'HEREAS, on April 30, 2001, a Cooperative Agreement (District Agreement No. 12-375 Document No. 015955) was executed between CITY and STATE wherein CITY agreed to enter into a Maintenance Agreement to clarify the division of maintenance responsibility as to the Ocean Grand Resort Pedestrian Overcrossing, hereafter referred to as the "POC", on Route 1, 0.41 km north of Route 39, location ORA-001-3838 and Structure No. 55-1045. A sketch of the POC maintenance limits is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW THEREFORE, IT IS AGREED: I.PEDESTRIAN OVERCROSSING MAINTENANCE A. Within the Imits of the STATE right of way, STATE will maintain, at STATE's own cost and expense, the side girders, abutments and the entire structure of the POC below the top of the concrete deck surface, exclusive of any surface treatment thereon. B. CITY will accept control and maintain, at CITY expense, the portions of the POC lying outside the STATE right of way, including, but not limited to, the landing, stairs and elevator tower portion of the POC.-In addition, CITY will maintain, at CITY expense, the top of the concrete d--ck surface, together with any surface treatment thereon, and all other portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. CITY will also maintain ail lighting and traffic service facilities provided for the benefit or control of pedestrian traffic, and will be responsible for all cleaning and painting as required to keep the entire structure free of debris and graffiti. )N%en a planned future improvement has been constructed and/or a minor revision has been effected to the POC, which affects the parties' division of maintenance responsibility for the POC as described herein, STATE will provide an amendment, which will be made a part of this Agreement when executed by both parties. 3. LEGAL RELATIONS AND RESPO. SIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of STATE highways or the POC different from the standard of care imposed by law. B. Notwithstanding the foregoing, STATE acknowledges and consents to the following: I. Pursuant to paragraph 5(c) of that certain agreement entitled, "License Agreement to Provide Landscaping and Other Public Improvements in the Public Right -of -Way" ("hereinafter referred to as the "License Agreement"), Dated February 20, 2001, by and between, among others, CITY and MAI7ER FINANCIAL L. P. (hereinafter referred to as "MAYER'), MAYER has agreed to perform and assume, at no cost to CITY, any and all of CITY's liabilities, obIigations and responsibilities to STATE and/or others which may arise out of or are related to the CalTrans Approvals (as defined below), including, without limitation, paying or reimbursing STATE for costs incurred by STATE with respect to the POC which are CITY's responsibilities under the CalTrans Approvals. The "Caltrans Approvals" are defined in recital paragraph E of the License Agreement as "encroachment permits, a Cooperative Agreement for design and project development (District Agreement No.12-373), a Cooperative Agreement for the construction phase of the project (District Agreement No. 12-375), and ...[this] Maintenance Agreement." H. Pursuant to that certain agreement entitled, "Assignment and Assumption Agreement and Consent to Assignment, "dated April 3, 2001, by and between MAYER and PCH Beach Resort, LLC (hereinafter referred to as "PCIT), PCH has agreed to perform and assume all of MAYER's obligations under the License Agreement relating to, among other things, the CalTrans Approvals. C. It is understood and agreed that neither STATE nor any official, officer or employee tf:ereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officials, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement or any delegations by CITY to third parties as referenced in 3.B above. D. It is understood and agreed that neither CITY nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CF'TY and all of its officials, officers and employees (but no indemnification and save harmless or defense is owed by STATE to MAYER or PCM from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work-, authority or jurisdiction delegated to STATE under this Agreement. 4. EFFECTNE DATE This Agreement shall be effective upon the date appearing on its face. 09 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH Atte City Cleric Approved as to Form: 4<-kj=::C -/ 4CX6--� �City Attorney -� 7 Reviewed and Approved: C1fy Administrator Initiated and Approved: z, Director of ,PRKic Works STATE OF CALIFORNIA ' �+ DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation By. JAMES PINHEIRO District Deputy Director Operations and Maintenance Approved as to Form and Procedure: Attorney Department of Transportation Glass Block Lantern Elevator Tower, rn e ti o Top of Conc o Surface Overia 45.41S tMeasured a 35.662 Clear Spi Top of Conc Girder 8ridoe) _. I Chain Unk m —Deco. Railing N / Prect Moulc o I Proposed Sidewalk Ex .h Typ Conc Wall — — "----- ___—_ _ Typ _ _�-- PEOClev ' Conc 9.288m v EC ' ' Lantern Post BC U Bottom of Girder vi Elev 7.152m ' El ev 7.152m -Exist Rdwy P.C. Irwy { -- o o �� Ct { • ,n > j-----------------------L -- -- xaca vi C _: r: -rrs�.i•_ —��crirssssraaa�.�.r �_' 1� ----_-'----- 7 Datum Elev=0.0 m Ls--n- ----.---�-- a--7rirnlr' Abutment 11 u w 1. u 71 N .. N u n N n �•► •.► Typ A' 11 N N 11 Y U Exist 1.370mor Sewer Une- 0.380 m PC/PS .Driven Pile— Typ " 10• " E � 10.20 10•40 .. i. Abut i ^ m a Abut 2 11 11 11 7P27 Sheet Riles '� SOUTH ELEVATION . 1:150 Existing Right of Way 30.480 m (100 It) 2.441'^ 3.66= 3.66: . 3.81= 3.66= 1 3.66= 1 3.66= 2.44' 5W �3.66! I T I I Median'! I I : SW I l l Exist 1.370mo= I I I I ��^ I I5•730.060 PCH I Sewer Line�p-. II w {3 10,30.000 C Bridge U 2.440 p I I 2.440 Railing, Typ { II it I I i�1oi _ H LIMITS — �.�IZ - 1 OF 1 I II Elev 3.810' m 1 ' 1:12 Down C Bridge ; 010.00 ! 10.20 Rolt 10•40 ' Roll 1:12 Down ma A Trench Drain, Typ II See "Architectural CALTRANS BRIDGE MAINTENANCE F++Plans" I' 1.� Iu ` I I.,UUJJ ,1 �o 1 p Ulrimaro frulure) 2.5002.4 3.600 3.600 3.600 3.600 3.600 ( 3600 3.600 �J2.5001 1 35.000 (See -Note I-) v Bj ing. Typ 4,5 rn .--Srructur Approac N 7'56'06" E 6. S' PA Trench Drat EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT KELLY LOUISE MANDIC /�� Commission f 1372899 State of Notory Public - Cafitornia Orange County Countyoi,MyrCa7vTtExpwesSep l•20b6 On /�1dtbefore me, �rre„� /v7GznC% We � r Name a ..ce of OlA_er (e.g..-Jere Coe. Notary Pudic') personally appeared l Na�wsl ot S9n4M91 C ersonally known to me -- OR — ❑ proved to me on the basis of satisfactory evidence to be the persorep whose ham tis!,43subscribed to thew in instrument and acknowledged to me that he/she/executed the same in hiatheig, authorized capaci fe , and thaZs eer his/her!t ignatureOon the instrument the person or the entity upon beha!f of which the persor soacted, �.�►x,�, executed the instrument. j +tcLLY LOUI�11372MI99 _J Cer++micsioWITNESS my hand and official seal. ,t; *+ot%�Pubfic - Coiitomia t%—iCig@ County • � Sgnelure Of ncw.r, Putt OPTIONAL Though the Information below is not required bylaw, it may prove va *vable to persons retying on the document and could prevent rraujulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimer! by Signer(s) Signer's Name: beh lfa _ =k Signer's Name: ❑ Individual C Jn n `L B Aoc,f•✓J4/ - Individual Corporate Officer - Corporate Officer Tetle(s): At (O fA F C 4� Title(s): ❑ Partner -- ❑ Limited ❑ General = Partner -- = Limited = General ❑ Attomey-in-Fact Attomey-in-Fact ❑ Trustee Trustee ❑ Guardian or Conservator - r ' - Guardian or Conservator ju SeJ - ❑ Other: Top Of thumb here Other: r of tr mD here S�4- SignerVepresenting: Signer Is Representing: 0 MS We rOral Notary Assxiaton - VX Rerm-d Ave.. PO. Box 7104 . Camp Park. CA 91"710+ P-od. No SW Reorder. Call To$ -Free 1-WO-076-W' IW ATTACHMENT #4 1 COBHO&A3. INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Robert F. Beardsley 2. Date: October 21, 2002 3. Name of contractorlpermittee: State of California 4. Description of work to be performed: Maintenance Agreement 5. Value and length of contract: Value = 0: Length = Life of Pedestrian Overcrossin 6. Waiver/modification request: (See attached) 7. Reason for request and why it should be granted: Standard Caltrans' indemnification provision: Caltrans will not accept alternate provisions. 8. Identify the risks to the City in approving this waive rfmodification: Citv will have , to indemnifv and defend the State for anvthina cornnleted or omitted by the Citv_ ' r Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attomeys Office disagree. 1. Risk Management r/ L Approved ❑ Denied /V �/e X,-- Signature Date 2. Ciity�Attorney's Office [kpproved (3 Denied L Signature Oat. 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiverlmodification request is to be submitted to the City Attorneys Office along with the contract for approval. Once the contract has been approved. this form is to be filed with the Risk Management Division of Administrative Services A . ._1_—..:e.. 6^n Crrm 1{i!'1117(X11 f1Fi PM u ATTACHMENT 6. Waive City Standard indemnification requirements and accept Sections 3C and 3D, including City's indemnification and defense obligations of the State as set forth in Section 3C of the Maintenance Agreement. G:\EnjA, EIIiott\IIyatt\IIF - Attachmcnt NIA MI ENANCE AGREEMENT THIS AGREEMENT, (the "Agreement") is made and entered into in duplicate, effective this t 8 , day of W 6y-I-rnic� r , 2002, by and between the State of California, acting through the Department of Transportation, hereinafter referred to as "STATE," and the CrIY C' HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, on April 30, 2001, a Cooperative Agreement (District Agreement No. 12-375 Document No. 015955) was executed between CITY and STATE wherein CITY agreed to enter into a Maintenance Agreement to clarify the division of maintenance responsibility as to the Ocean Grand Resort Pedestrian Overcrossing, hereafter referred to as the "POC", on Route I, 0.41 km north of Route 39, location ORA-001-38.78 and Structure No. 55-1045. A sketch of the POC maintenance limits is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW THEREFORE, IT IS AGREED: I.PEDESTRIAN OVERCROSSING MAWTENANCE A. Within the limits of the STATE right of way, STATE will maintain, at STATE's own cost and expense, the side girders, abutments and the entire structure of the POC below the top of the concrete deck surface, exclusive of any surface treatment thereon. B. CITY will accept control and maintain, at CITY expense, the portions of the POC lying outside the STATE: right of way, including, but not limited to, the landing, stairs and elevator tower portion of the POC. In addition, CITY will maintain, at CITY expense, the top of the concrete deck surface, together with any surface treatment thereon, and all other portions of the structure above the concrete d:ck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. CITY will also maintain all lighting and traffic service facilities provided for the benefit or control of pedestrian traffic, and will be responsible for all cleaning and painting as required to keep the entire structure free of debris and graffiti. 2. FUTURE IMPROVEIviENT When a planned future improvement has been constructed and/or a minor revision has been effected to the POC, which affects the parties' division of maintenance responsibility for the POC as described herein, STATE will provide an amendment, which will be made a part of this Agreement when executed by both parties. 3. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of STATE highways or the POC different from the standard of care imposed by law. B. Notwithstanding the foregoing, STATE acknowledges and consents to the following - I. Pursuant to paragraph 5(c) of that certain agreement entitled, "License Agreement to Provide Landscaping and Other Public Improvements in the Public Right -of -Way" ("hereinafter referred to as the "License Agreement"), Dated February 20, 2001, by and between, among others, CITY and MAYER FINANCIAL L. P. (hereinafter referred to as "MAYER"), MAYER has agreed to perform and assume, at no cost to CITY, any and all of CITY's liabilities, obligations and responsibilities to STATE and/or others which may arise out of or are related to the CalTrans Approvals (as defined below), including, without limitation, paying or reimbursing STATE for costs incurred by STATE with respect to the POC which are CITY's responsibilities under the CalTrans Approvals. The "Caltrans Approvals" are defined in recital paragraph E of the License Agreement as "encroachment permits, a Cooperative Agreement for design and project development (District Agreement No.12-373), a Cooperative Agreement for the construction phase of the project (District Agreement No. 12-375), and ...(Ohis] Maintenance Agreement." II. Pursuant to that certain agreement entitled, "Assignment and Assumption Agreement and Consent to Assignment, "dated April 3, 2001, by and between MAYER and PCH Beach Resort, LLC (hereinafter referred to as "PCH"), PCH has agreed to perform and assume all of MAYER's obligations under the License Agreement relating to, among other things, the CalTrans Approvals. C. It is understood and agreed that neither STATE nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officials, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement or any delegations by CITY to third parties as referenced in 3.11 above. D. It is understood and agreed that neitrer CITY nor any official, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895A, STATE shall defend, indemnify and save harmless CITY and all of its officials, officers and employees (but no indemnification and save harmless or defense is owed by STATE to MAYER or PCH) from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or d-.ath of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 4. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face. m IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF HUNTINGTON BEACH ". , � - a 9'-\ -// Attest• City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation Approved as to Form: r � r 61-C44 City Attorney�- Reviewed and Approved: Ci Administrator Initiated and Approved: Director of lic Works JANTES PINHEIRO District Deputy Director Operations and Maintenance Approved as to Form and Procedure: Attorney Department of Transportation 45.41S (Measured along C.—Bridge) 4 Glass Block Lantern 3S.662 Clear Span ,, Top of Conc Chain Unk m Deco. Elevator Tower o Girder Railing Prec: Top of Conc Moulc o Surface Overlay Proposed Sidewalk Exp ,ft Typ Conc Wall ..- -' - -__- --"---- ___ Typ - - POC _ , Conc Elev 9.288m EC ' Lantern Post BC Bottom of Girder EC 7.152m ^ ' -- Elev 7.152m E c Exist Rdwy (rf"� P•C. Hwy Datum Elev=0.0 m Exist 1.370mfl! Sewer •Une- 0.380 m PC/PS -Driven Pile— 'Typ ----------------------L C rsr--r :r�.a'Y� �dsrrsesaaz�rsurrs=rs �- ------------ Lo--n- ------- L-_ a-_lri�nzrl Abutment N /• /1 /I /• // // ^ Typ of N // P 10•00 n ii E z j 10#20 10+ 40 _, Abut ' -. SOUTH ELEVATION ADur z n N u u C� . ' . N 1:150 P27 Sheet piles Existing Right of Way 30.480 in (100 it) 2.441 I , 3.66! 3.66! 3.661 3.811 • 3.66! 3.66! 13.66 2.44! SW i iMediani • ' ; SW Exist 1.370mo! i I I i ;,^ i 15-730.860 C PCH I Sewer Line—� �y. I� Tw i3 10•30.000 C Bridge ' 2.440 2.440 Railing, Typ II II I I oi •• _ N LIMITS a,� ' OF Elev 3.B10! m C Bridge ; i10.00 r , 1:12 Down 10+20 f2o11 10+40 Roll 1:12 Down Trench Drain, Typ CALTRANS BRIDGE MAINTENANCE See "Architectural Plans" I II A 1 I = V I I o; JogggogII F�+ Utrrmare (Fui,ure) 2.50012,400 3.600 I 3.600 I 3.600 1 3.600 I 3.6001.3 600 3.600 2.4j2.5001 35.000 (See 'Note 1") W Pq 3 A 9 Typ 4s m ,_ --Strucrur Approac N 7'56'06" E 4.'N m Trench Drai EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County at (2&LVE = / On _ AdU&0y7b+^ 25JO�2 before me, A&I ^Io C1,710, [ Cats "Trty a o,1l.er (e.g. -Jane Ca. Norary PW CI personally appearedlnrle ersonally known tome —OR —C proved tome on the basis of satisfactory evidence to be the person(s) whose nameoi re ubscribed to the within instrument and acknowledge o me that helshxecuted the same in h, er a authorized capac( s , and that b his/her! e' ignature(s) on the instrument the person or the entity upon behalf of which the persoroacted, executed the instrument. KELLY LOUISE MAA10H, Commission A 1372899 Notary Pubfic - Colitomi0 WITNESS my hand and official seal. Orange County QMVCorrmE0osSepL2006i s S9VWnF.1 NC...ry PudrC OPTIONAL hough the information below is rot required by law, it may prove valuable to persons re► t?g on the document and could prevent fraudulent removal and reattachment or this form to another document Description of Attached Document Title or Type of Document: lllz�,n1 ;1`7k4 eV. Document Date: Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D�ie 6b, ..F b _ Col)nst: �RLzI►Af ❑ Individual r.' Corporate Officer Title(s): Atk!gr S- CA4 0,:► k ❑ Partner — U Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thurr'b here SignefltPFepresenting: y n ,-i,, LL. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r Top of frn,rtA there 0 1995 Nahonar Naa,y Asaoc,alen - 8238 RemynW Ave.. P.D. &..■ 7184 -Canoga Park. CA 91309.7184 Prof. Na. 5907 ReorCsr. Car ToNFres 1400$75-M-