HomeMy WebLinkAboutGS Huntington Beach Project Owner, LP - 2018-11-19File #: 18-339 MEETING DATE: 11/19/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of a Landscape Maintenance License Agreement with GS
Huntington Beach Project Owner, LP, for installation and maintenance of improvements in the
public right-of-way at the Monogram Apartments (Luce Apartments) located at Gothard Street
and Edinger Avenue
Statement of Issue:
Staff is requesting City Council approval and execution of the Landscape Maintenance License
Agreement with the owner of the Luce Apartments project (formerly known as the Monogram
development) located at the southwest corner of Gothard Street and Edinger Avenue, pursuant to the
project's Conditions of Approval (Site Plan Review 12-002).
Financial Impact:
No funding is required for this action.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute and record the "Landscape Maintenance
License Agreement Between the City of Huntington Beach and GS Huntington Beach Project Owner,
LP, to Provide Installation and Maintenance of Landscaping and Handscaping in the Public Right -of -
Way" (Attachment 1).
Alternative Action(s):
Do not authorize approval and execution of the License Agreement and direct staff accordingly. This
action will prevent the owner/developer from satisfying the City's development Conditions of
Approval, thereby increasing the maintenance responsibilities burdened by City forces.
Analysis:
The Monogram project is located at 16001 Gothard Street. The Conditions of Approval for this
development were approved by the City of Huntington Beach Planning Commission on July 9, 2013,
(Attachment 2). Condition of Approval No. 6(a) requires that the owner/developer execute a
Landscape Maintenance License Agreement with the City of Huntington Beach to address
maintenance and liability for all landscaping, irrigation, furniture, and enhanced hardscaping within
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File #: 18-339
MEETING DATE: 11/19/2018
the public rights -of -way on Gothard Street and Edinger Avenue adjacent to their property. The
License Agreement has been prepared, signed by the developer, approved as to form by the City
Attorney, and is now ready for final City Council approval and execution.
Environmental Status:
The subject request is exempt pursuant to the California Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Landscape Maintenance License Agreement between the City of Huntington Beach and GS
Huntington Beach Project Owner, LP, to provide Installation and Maintenance of Landscaping and
Hardscaping in the Public Right -of -Way.
2. Notice of Action - Site Plan Review 12-002
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Huntington$each .
Attn: Robin Estanislau
P.O. Box 190
Huntington Beach, CA 92648
TITLE OF DOCUMENT:
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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LANDSCAPE MAINTENANCE LICENSE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND GS HUNTINGTON BEACH PROJECT OWNER, LP,
TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND
HARDSCAPING IN THE PUBLIC RIGHT-OF—WAY
This doavwrt Is soieiy for the oflkiei
bumbees of the _City of Huntington beach,
se contsnspisiid under GoMmrtwt Code
Sec. 273A3 end shouidU ncm ded free
of cfisrpe.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Addilional recording fee applles)
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH
WHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
P.O. Box 190 / 2000 Main Street
Huntington Beach, CA 92648
Fee exempt per Government Code § 6103
SPACE ABOVETHIS LINE FOR RECORDER'S USE
LANDSCAPE MAINTENANCE LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND GS HUNTINGTON BEACH PROJECT
OWNER, LP, TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING
AND HARDSCAPING IN THE PUBLIC RIGHT-OF-WAY
This License Agreement (the "Agreement") is made and entered into by and between the CITY
OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY,"
and GS HUNTINGTION BEACH PROJECT OWNER, LP, a Delaware Limited Partnership,
hereinafter referred to as "LICENSEE."
WHEREAS, GS Huntington Beach Project Owner, LP, a Delaware Limited Partnership, is the
owner of certain real property located in the City of Huntington Beach, County of Orange, State of
California, which is more particularly described in the legal description attached hereto as Exhibit "A"
and incorporated by this reference (the "Property"); and
CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted
on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"):
and
In connection with the development of the Property, CITY and LICENSEE desire to assign
responsibility for the installation and maintenance of landscaping and hardscaping within the
hnprovement Areas, as defined below in Section 5, and the costs associated therewith in accordance
with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and
By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their
obligations with respect to the installation and maintenance of landscaping and hardscaping within the
Improvement Areas,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, CITY and LICENSEE covenant and agree as follows:
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1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY
hereby grants to LICENSEE a non-exclusive license ("License") to install and maintain landscaping
and hardscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement.
2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided
that CITY may terminate the License and this Agreement as set forth herein.
3. TERMINATION. In the event of any such termination, the CITY may, at its option,
either:
(a) at its sole expense, disconnect existing water and electrical supply sources to the
Improvement Areas from the Property (leaving the water and electrical systems serving the Property
fully functional and in compliance with law), and construct and reconnect CITY water and electrical
supply sources to the Improvement Areas, or
(b) continue to use water and electricity from the Property for the Improvement Areas, in
which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE
on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to
maintain in a good condition and repair the portion of the water and electrical systems located in the
Improvement Areas.
4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the
Improvement Areas shall be as depicted on those certain plans and specifications as approved by the
CITY relative to the Property and the subject development thereof. The landscaping and other
improvements within the Improvement Areas for which LICENSEE, at its sole cost at no expense to
the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License
shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following:
Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the
Landscaping Plans relative to the Property and the subject development thereof submitted by
LICENSEE and approved by the CITY and the irrigation systems serving the same.
Hardscaping: Enhanced and concrete paving including sidewalks, driveways, street lighting,
access ramps and stairs in accordance with the precise grading plans relative to the Property
and the subject development thereof submitted by LICENSEE and approved by the CITY.
5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense and
during the Term, LICENSEE agrees to perform all maintenance responsibilities for the Improvement
Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; watering; repairing
and/or adjusting irrigation systems when failures occur; fertilizing; cultivating; edging; performing
general planting and trimming or other corrective gardening; spraying grass and plants with both
insecticides and herbicides; and, generally keeping the Improvement Areas in a clean, secure and
attractive condition, taking into consideration normal growth of the landscape materials and a
continuation of the aesthetic quality of the area. During the Term, LICENSEE agrees to maintain and
keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free
from any nuisances and to comply with all health and police regulations, in all respects at all times.
LICENSEE agrees to dispose of litter and debris in a sanitary and legal manner and location. All of
l 8-6427/178189/DO 2
the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as
"Maintenance Responsibilities," and shall apply only during the Term.
(a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include
watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur,
fertilizing, edging, performing general planting and trimming or other corrective maintenance,
spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean,
secure and attractive condition, taking into consideration normal growth of the landscape materials
and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the
following:
1. Provide and apply fertilizer as necessary to sustain healthy growth.
2. Maintain the Improvement Areas to allow access by CITY personnel to CITY
facilities and in a condition that is substantially free from weeds, debris and harmful insects at all
times.
3. Keep plantings trimmed to eye pleasing appearance.
4. Use only those pesticides and fertilizers approved by the State of California and
in a manner consistent with label and legal restrictions.
5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they
are observed.
6. Keep the entire area policed and free of litter and deleterious material.
LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive
odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters,
containers, decorative features, artwork or other surfaces.
7. Maintain, repair and operate irrigation system in a manner that prevents water
from flooding onto the right-of-ways.
8. All tree trimming shall be done by an I.S.A. Certified Arborist or an I.S.A.
Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall
be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not conforming
to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree
Supervisor. Damages may potentially lead to penalties which can involve removing and replacing the
damaged tree with an approved replacement of the same size that was originally planted, and payment
of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE
to the CITY.
9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a
manner reasonably satisfactory to the CITY, LICENSEE shall re -landscape the Improvement Areas to
a condition acceptable to the CITY at LICENSEE's sole cost and expense.
10. Control and maintain the Improvement Areas such that no landscaping or plant
materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, or
18-6427/178189/DO
encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from
the edge of the curb/gutter to the center of any street right-of-way.
11. Conform to all applicable Best Management Practices set forth in the CITY'S
Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP Fact Sheet 1C7
Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the
Department of Public Works.
(b) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall
include all concrete and enhanced hardscaping material including all sidewalks, street lighting,
driveways, access ramps and stairs. Maintenance includes, but is not limited to, linear root barriers,
concrete repair and replacement, grinding or patching variations in elevation of sidewalks and
driveways for an acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any
other deleterious items or material on or about the sidewalks or driveways in an expeditious manner.
(c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of
electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be
responsible for using such utilities in a secure and hazardless manner, complying in all respects with
applicable codes and ordinances.
(d) Signage. LICENSEE shall repair and maintain during the Term any signage
constructed and installed on the Improvement Areas by LICENSEE.
(e) LICENSEE shall maintain the Improvement Area in a manner reasonably satisfactory
to the CITY. The CITY shall provide a written notice to and an opportunity for LICENSEE to correct
or cure any deficiency in maintaining the Improvement Area within a reasonable time not to exceed
sixty (60) days, unless otherwise agreed to by the Parties. In the event LICENSEE fails or refuses to
correct or cure any deficiency within the time specified, the LICENSEE Agreement shall terminate
upon sixty (60) days written notice to LICENSEE by the CITY.
6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its
sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which
LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements into an
operating condition, all in accordance with plans and specifications as submitted by LICENSEE to
CITY, which plans and specifications shall be subject to the prior written approval of CITY. No
changes, modifications, or alterations may be made to the Improvement Areas without the prior
written consent of CITY.
7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the
installation of the Improvements in the Improvement Areas in accordance with the plans and
specifications, no material changes, modifications or alterations may be made to the Improvement
Areas without the prior written consent of CITY.
8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of
LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Areas.
Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the
proper encroachment permit and comply with all other CITY requirements prior to performing any
work on Improvement Areas in the public right-of-way.
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9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas
at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and LICENSEE
shall negotiate in good faith to come to a mutual agreement as to the time and date for such
inspections.
10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any
pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a
result of the installation by Licensee of the landscaped material installed on the Improvement Areas
and/or the performance of the maintenance responsibilities of the Improvement Areas by Licensee,
LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts
of any person to any portion of the landscaped area or in the event any equipment is broken or breaks
or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced
or restored within ten (10) calendar days of the date of the breakage or destruction. Stolen items will
be considered destroyed for purposes of this Section 10.
11. REPAIR BY CITY. Except as otherwise provided for in this License, in the event any
damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result
of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or
employees within the Improvement Areas, CITY shall promptly repair the same at its own expense.
12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage
to the improvements the parties shall cooperate with each other so as to minimize the costs incurred
by each of them.
13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed
against the Improvement Areas by reason of any work, labor, services or material performed at or
furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost and
expense, cause any mechanics' lien(s) which may be filed against the Improvement Areas to be
released or bonded or affirmatively insured within sixty (60) days after the date of filing of such
mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY
to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the
mechanics' lien laws of the State of California.
14. ASSIGNMENT. The License herein granted is personal to LICENSEE and its successors
and assigns as owners of the Property and any attempt to assign the License to any entity shall require
the prior approval of CITY and is subject to the provisions set forth in Section 37 below.
Notwithstanding the foregoing, assignment of the License to a LICENSEE affiliated entity or to a
successor owner of the Property, or a collateral assignment to any mortgagee secured by the Property,
shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE
hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the
Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the
Improvement Areas, whether now existing or arising at any future time. This License is appurtenant
to the Property and may not be separately assigned apart from the Property or the interests therein.
LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice
shall include the mailing address of the delegee, and will become the delegee's address for service of
notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of
any fee title interest in the Property (other than a security interest granted in connection with a
18-6427/178189/DO
financing by Licensee) shall constitute an assumption by any successors, assigns or transferees of
LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in
interest of such assuming party shall be deemed relieved from any further obligations or
responsibilities under this License.
15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code §1861,
LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said
California Labor Code, which requires every employer to be insured against liability for workers'
compensation. LICENSEE covenants that it will comply with such laws and provisions prior to
conducting any activity pursuant to this license. LICENSEE shall maintain such Workers'
Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury
by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each
employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times
incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to CITY.
LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to
provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE
shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and LICENSEE shall similarly require all subcontractors to waive
subrogation.
16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15
above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its
successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all
activities to be performed in the Improvement Areas as contemplated herein, general liability
insurance including coverage for bodily injury, property damage and motor vehicle coverage. All
insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said
insurance shall name the CITY as Additional Insureds and shall specifically provide that any other
insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the
Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be
primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and
employees, while acting within the scope of their duties, against any and all claims of liability arising
out of or in connection with all activities to be undertaken by LICENSEE concerning the
Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said
insurance policies in full force and effect during the life of this Agreement, in an amount not less than
the following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of One Million Dollars
($1,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of
limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY.
17. CERTIFICATE OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS. Prior
to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates
of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as
required by this Agreement; said certificates shall provide the name and policy number of each carrier
and policy; and shall state that the policy is currently in force; and shall promise to provide that such
policies will not be canceled or modified without providing notice to CITY in accordance with policy
provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this
18-6427/178189/DO 6
Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing
insurance coverage shall not derogate the obligations of LICENSEE under this Agreement. CITY or
its representative shall at all times have the right to demand a copy of all said policies of insurance.
LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove
required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as
required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney
for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement.
18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect,
defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns
(hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments,
penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys'
fees, however caused, including those resulting from death or injury to any person (including without
limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever
located and by whomever owned (including, without limitation, property owned by an Indemnified
Party), which injury, death or physical damages arises directly or indirectly out of the grant of license
herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers,
employees, agents, contractors, LICENSEEs, or invitees) concerning the Improvement Areas, caused
in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors,
subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable (collectively, the "LICENSEE Parties"), including but not limited to
concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the
negligence or willful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or
employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct
any defense required hereunder at its sole cost and expense.
19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken
by it on the Improvement Areas shall be for its sole account and not as an agent, servant or contractor
for CITY.
20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its
officers, employees, contractors, invitees and all others doing business with LICENSEE to obey and
observe) all rules and regulations of general applicability regarding the Improvement Areas as may be
reasonably established by CITY at any time and from time to time during the Term of this Agreement.
21, DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of
the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written
notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing
the alleged default by LICENSEE. If LICENSEE fails to cure said default within thirty (30) calendar
days following the date of delivery of such notice of default, CITY may thereafter cause such
maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and
billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid
invoices evidencing the costs incurred. Payment from LICENSEE shall be due within thirty (30)
calendar days following the date of receipt of invoice. In addition, one and a half (1-1/2%) interest
per month shall be added for each month payment hereunder is due but unpaid.
18-6427/178189/DO 7
22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in
the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal
statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense,
with all regulations, orders, and other requirements issued or made pursuant to any such ordinances
and statutes. All building permits, business licenses and other applicable permits and licenses shall be
secured and paid for by LICENSEE.
23. NOTICES. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY
as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage
prepaid, and depositing the same in the United States Postal Service, via certified or registered mail,
or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a
copy to also be placed in the United States Mail), and addressed as follows:
TO CITY:
City of Huntington Beach
2000 Main Street
ATTN: Director of Public Works
Tel: (714) 536-5431
Facsimile: (714) 374-1573
TO LICENSEE:
GS Huntington Beach Project Owner, LP,
a Delaware limited partnership
c/o Greystar Real Estate Partners, LLC
ATTN: A. Joshua Carper
18 Broad St., Suite 300
Charleston, SC 29401
Tel: (843) 579-9400
Any mailing address or telefacsimile number may be changed at any time by giving written notice of
such change in the manner provided above at least ten (10) days prior to the effective date of the
change. All notices under this Agreement shall be deemed given, received, made or communicated on
the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date
shown on the return receipt. A person may not give official or binding notice by facsimile. The
effective time of a notice shall not be affected by the receipt, prior to the receipt of the original, of a
facsimile copy of the notice.
24. CAPTIONS AND TERMS. The captions and section numbers appearing in the
Agreement are for convenience only and are not a part of the Agreement and do not in any way limit,
amplify, define, construe or describe the scope of intent of the terms and provisions of this
Agreement, or in any way affect this Agreement.
25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the
County of Orange, State of California.
26. NON -EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at
all times be open to use by the general public.
27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement
and use of the Improvement Areas it will not engage in, discrimination against any person because of
race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital
status or sex.
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28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its
respective rights and obligations under this Agreement, including, but not limited to, performing any
acts and executing any further documents that may be reasonably necessary to effectuate the purposes
of or rights conferred under this Agreement.
29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each
provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable
provision, shall be valid and enforceable to the fullest extent permitted by law.
30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or
inclusions by reference, constitutes the entire agreement between the parties hereto relating to the
rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements, and understandings, if any, between the
parties hereto with respect to the rights and obligations contained herein. Any oral representations or
modifications concerning this instrument shall be of no force or effect except a subsequent
modification in writing, approved by the CITY and signed by the parties to be charged.
31. ATTORNEY'S FEES. If any action or proceeding is brought by either party against the
other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall
bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees
from the nonprevailing party.
32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above,
LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to
enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be
entitled to reimbursement for any costs incurred in enforcing this Agreement. LICENSEE shall
provide CITY with, and at all times keep current, contact information for LICENSEE and any
property manager acting on its behalf.
33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and
enforced under and in accordance with and governed by the laws of the State of California.
34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only
by the written agreement of LICENSEE and CITY, or the successors and assigns of each.
35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the
land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or
acquiring any interest in any portion of any property benefited or burdened thereby, during the period
of such person's or entity's ownership, and all of their respective successive owners and assigns; and
(ill) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby
and every portion thereof and interest therein. The License granted by this Agreement is subject to all
matters of record as of the effective date of this Agreement.
36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or
her designee the authority to implement all provisions of this Agreement.
18-6427/1 78189/Do 9
37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the
exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions
hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person.
38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made
hereunder shall survive termination of this Agreement.
39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this
Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform
pursuant to the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the partie hereto have caused this Agreement to be executed by and
through their authorized officers on/!2018.11.1
LICENSEE:
GS HUNTINGTON BEACH PROJECT
OWNER, LP, a Delaware Limited Partnership
By: GS Huntington Beach Project GP, LLC,
a Delaware limited liability company,
its general partner
By: GS Huntington Beach Investors, LP,
A Delaware limited partnership,
its sole member
CITY:
OFTINGTON BEACH,
a
Mayor
City Clerk
INITIATED AND PROVED:
By: GS Huntington Beach GP, LLC,
a Delaware limited liability company,
its general partner Director of Public Works
By: GS Huntington HoldCo, LLC,
a Delaware limited liability company,
its sole member
By: GS Huntington Beach REIT, Inc.,
LO-A
a Delaware corporation,
its e�rRber
ice President
' /1► ALI U W k"'(1011FA tip
IJ, A
Cityj!'V Ilerl
PP • • :-S-0FORM:
J"I
18-6427/ 178189/DO 10
ACKNOWLEDGEMENT
State of South Carolina
County of ( to V)
�(� +H
On this 1� day` of TI li1t��,%T� , 20�, before me personally
appearedjCrf-V MO AVID , who provided satisfactory evidence of his
identification to be the person whose name is subscribed to this instrument and he acknowledged that
he executed the foregoing instrument.
Sworn to (or affirmed) and subscribed before me this the day of u.%t 20_LL.
((Official Seal)
UV1d fC L gi- Notary Public
Notary's printed or typed name
(,jtt'f C0:016County, South Carolina
My commission expires: pb1IZ1IQLI
.� \ssio�•F••.'L
TAR Y No
A'
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On November 26, 2018 before me, P. L. Esparza, Notary Public, personally
appeared Robin Estanislau and Mike Posey who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
V. 4e.
(Notary Sign re)
P. L. ESPARIA
Notary Public - California Z
Orange County
z s Commission k 2204197
My Comm. Expires Aug 4, 2021
(Seal)
SHEET 1 OF 6
PARCEL 1 OF PARCEL MAP 2012-113 IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 385, PAGES 42 THROUGH 45, INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDERS OF SAID COUNTY
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT "A"
PMP49ED 9!:
C-EM u<ap Ammocuoxam
CONSULTING ENGINEERS/SURVEVORS/P NERS
20411 SW Birch St., Suite 310 Newport Beach, California 92660
(949) 756-6440 Fax (949) 756-6444
umLANDSCAPED AREAS TO BE MAINTAINED
HARDSCAPED AREAS TO BE MAINTAINED
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT "B"
SCALE: 1" = 50'
PREPARED BY.
CME DcHR Q000cm=rEm
CONSULTING ENGINEERS/SUR 01V /PLANNERS
20411 SW Birch St., Surte 310 Newport Beach. Calibrnia 92660
(949� 756-6440 Fax (9491 7566444
I
R
DRIVEWAY
LEGEND:
SHEET 3 OF 6
EDINGER AVENUE
o R1W
MATCHLINE SEE SHEET 4
�m LANDSCAPED AREAS TO BE MAINTAINED
HARDSCAPED AREAS TO BE MAINTAINED
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT "B"
SCALE: 1 " = 50'
PalP�M 9Y:
CONSULTNO ENGINEERS/SURVEYORS/PLANNERS
20411 SW Birch St., Sure 310 Newporl Beach, California 92660
(949) 756-6440 Fax (949) 7566444
SHEET 4 OF 6
MATCHLINE SEE SHEET 3
—� R/W �{
I
1
MATCHLINE SEE SHEET 5
LEGEND:
V1171A LANDSCAPED AREAS TO BE MAINTAINED
HARDSCAPED AREAS TO BE MAINTAINED
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT "B"
SCALE: 1 " = 50'
PREPARED EFY:
�Em Csbc �a00oCa�a��B
CONSULTING ENGINEERS/SURVE S/PL NERS
20411 SW Birch Si., Sufte 310 Newport Beach, California 92660
(949) 7566440 Fax (949) 7566444
�I
LL,
cn
wl
EAST -WEST CONNECTOR
LEGEND:
LANDSCAPED AREAS TO BE MAINTAINED
FIffA WITHIN THE PUBLIC RIGHT-OF-WAY
HARDSCAPED AREAS TO BE MAINTAINED
WITHIN THE PUBLIC RIGHT-OF-WAY
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT IIB"
SHEET 5 OF 6
W
1
PC
12.0' R/W
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SCALE: 1" = 50'
PROS BY,
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CONSULTING ENGINEERS/SU77'Y S/PIJNNERS
04t i SW Birch St
., Suite 310 Newport Beach, Caldornia 92660
(949) 756-6440 Fax (949) 7566444
8
R/W
SHEET 6 OF 6
r
W
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Y
I=
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a
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i
EAST -WEST CONNECTOR
LEGEND:
LANDSCAPED AREAS TO BE MAINTAINED
HARDSCAPED AREAS TO BE MAINTAINED
MONOGRAM HUNTINGTON BEACH
IMPROVEMENT AREA EXHIBIT "B"
CD
SCALE: 1" = 50'
PWARED BY:
CONSUL7INO ENOINEERBBVRVEVORS/PtA NKR!
20411 SW Birch St., Suhe 310 Newport Beach, California 92660
(949) 756-6440 Fax (949) 756-6444
S iiy INSURANCE AND INDEMNIFiC;ATION'WAI'VER
MODIFICATION REQUEST
1. Requested by: Public Works
2. Date: 9-7-18
3. Name of contractor/permittee: GS Huntington Beach Project Owner LP
4. Description of work to be performed: Maintenance of Lan_ dscape andHardscape alone
the project frontage per License Agreement. —
5. Value and length of contract: Not Applicable. Waiver is for execution of License
Agreement.
6. Waiver/modification request: Additional Insured Endorsement and SIR allowance
7. Reason for request and why it should be granted: Developer has indicated that due to the
large Size of the company, they are unable to add each individual additional insured on
their policy. They also carry a small Self Insured Retention (SIR) and do not have a
deductible as required by Resolution 2008-63.
8. Identify the risks to the City in approving this waiver/modification: Low risk associated with
the City not being listed specifically as additional insured.. since the endorsement provided
is sufficinetly broad and already includes City of Huntington Beach. If there is an event
requiring insurance coverage, the developer may not be able to cover the SIR amount.
Departmenf Head Signature
t t
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 Off e disagree.
1. Risk Management ) �-
A-L- lL' Nip/, %�` Lz<—�Approved ❑Denied / / % 4"
Sign ture Date
2. City Attorney's Office
❑ Approved ❑ Denied —
Signature Date
3. City Manager'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 Human Resources
Monogram Waiver Request.doc 9/7/2018 1:06:00 PM
� ® � DA'� fMMIDDIYWV)
C:ER FICATE OIr �.,ABi�..ITY n;�St1RAE�CE
l .p G 1
`�- 1/1/2019 3il/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
Lockton Companies NAME;____
8110 E. Union Avenue FAR
_IC. No. Fst1: -_... _. _ IA1C,
(A -
Suite 700 E-MAIL
Deliver CO 80237 ADDRESS:
(303) 414-6000 _- INSURER (Si AFFORDING COVERAGE NAIC M
iIN`-URED Grey,:tar Real -Estate Partners; LLC
i426762 600 E. Las Colinas Blvd, Suite 2100
Irving, TX 75039
INSURERA:AIbed World Assurance Company (U.S.) Inc.
INSURER e;Federal Inurance Comp an_.�._.__:__..
1.....- 1cInc LLA
D, Berkley Regional Insurance Company 29580
E: Houston Casualty Company 42374
F : ACE American Insurance Colwivany 1 22667
17FVICInN NIIWRFR• YYYYYYY
.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MI LILY EFF I MI LLDICY EXP LIMITS
LT
LTR
E
X
_
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE C 1 OCCUR
N
N
1118PC30619-02
3/1/2018
3/1/2019
EACH OCCURRENCE
PREMISES Ea azurenu
$ ] 000000
$ 500,000
X
S XXXXXXX
EBL:-!�IMIlv1
IIED EXP ( one
$ 1.000.000
X
SIR._$5.000
PERSONAL & ADV INJURY
GENERAL AGGREGATE
s 2 000 000
GEML
_
AGGREGATE LOW APPLES PER:
S 2 OOO OOO
POLICY I 7 JJEECTT M LOC
PRODUCTS - COMPMP Am
OTHER:
B
AUTOMOBILE LIABILITY
N
N
73586860
I/l/2018
1/1/2019
COMBINED ent)SINGLE LIM
Ea acid
c
5 ] 000000
i.
5 �()CXXXX
ANY AU T O
BODILY INJURY (Per Pollan)
BODILY INJURY(PW aOddlN)
PROPERTY
_(Pet alx:ld t
OWNED SCHEDULED
AUTOS ONLY AUTOS
IX HIRED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
f XXX)�XX
$XXXXXXX _-_
$ XXXXXXX
B
x
UMBRELLA LIAB X
OCCUR
N
N
7988-47-31
3/1/2019
3/1/2019
EACH OCCURRENCE
S 10,000,000
AGGREGATE
EXCESS LIAB
-MADE
$ 10,000.00
_CLAIMS
DIED RETENTIONS $0
$ xxxxxxx
1'
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECURVE Y / N
MBERIn NH) EXCLUDED? �N
(Mandatory In NH)
(MandaOFFICEtory
NIA
A
N
I
WI,RC64782630
1/1/2018
I/I/2019
X PER E ER
1 R
- _
S ] OOO OOO
$ 1,000,000
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYE
__. -.
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$ 1,000000
C
D
A
Ex Liab
Crime (Empl Theft & Dis.)
Enviro.
N
N
See Attached
BCCR45002326-22
0308-8595
3/1/2018
6/30/2018
3/1/2017
3/1/2019
6/30/2019
3/1/2020
See Attached
S5,0D0,000
See Attached
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required(
RE: License Agreement at I lunlinglon Beach: 7280 Edinger Avenue, Huntington Beach, CA 92647 by Greystar and its consultants, pursuant to the License Agreement. City of
Iluntinglon Beach is included as Additional Insured on a primary and non-contributory basis if cared by written contract, as their interests may appear by contract, but only as
related to claims arising out of the operations of Namcd Insured; s * m f the policy. Monogram Residential Huntington Beach Project Owner, L.L.C.
is a Named Insured.
y
By, Ch1A� GA
CM ATNZY BEACH
ULK I IFII.;A I It KVLVtK l+/11\IiCLLM 11-1. JIiV All4l.111111.111
15195660
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2000 ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach CA 92648
AUTHORIZED
ba(le'59 eC rv/
n 1988320115 ACORD CORPORATION. All r1ahts reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Miscellaneous Attachment: M472680 Master ID: 1426762, Certificate ID: 15195660
THIS CERTIFICATE OF LIABILITY IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE ADDITIONAL INTEREST NAMED BELOW. THIS CERTIFICATE OF LIABILITY DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICES BELOW.
INSURED: Greystar Real Estate Partners, LLC
600 E. Las Colinas Blvd, Suite 2100
Irving, Texas 75039
Coverage/Peril/Forms
Excess Liability Coverage
Amount of Insurance
$100,000,000
Total Limit of Umbrella and Excess Insurance: $100,000,000
Laver
Insurance Company
Policy Number
NAIC
$15,000,000 xs $10,000,000
Fireman's Fund insurance Company SHX58151754
21873
$10,000,000 xs $25.000,000
Continental Casualty Company
FFX5085806401
20443
$25,000,000 xs $35,000,000
XL Insurance America, Inc.
US0006704LI18A
24554
$12,500.000 plo $25,000,000 xs $60,000,000
Navigators Insurance Company
CH18FXR8317811V
42307
$12,500,000 plo $25,000,000 xs $60,000,000
Ohio Casually Insurance Company
ECO(19)58399876
24074
$15,000,000 xs $85.000,000
Federal Insurance Company
79863205
20281
Auto - Mired and non -owned Carrier
Palial
NAIC
$1,000,000 Combined Single Limit Federal Insurance Company
73586860
20281
Environmental Site Liability
$3,000,000 - Each Incident
$3,000,000 - Policy Aggregate
Carrier
Allied World Assurance (US) Inc.
Policy NAIC
NAIC
0308-8595 19489
$25,000 SIR - Each Incident
$50,000 SIR - Will Apply For
All Claims Arising From
Mold, Asbestos & Lead
" Policy does not Include coverage for historical or pre-existing losses unless underwriting information has been received and
approved by underwriter.
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
November 27, 2018
GS Huntington Beach Project Owner, LP
A Delaware Limited Partnership
c/o Greystar Real Estate Partners, LLC
Attn: A. Joshua Carper
18 Broad St., Suite 300
Charleston, SC 29401
Dear Mr. Carper:
Enclosed is a copy of the fully executed "Landscape Maintenance License Agreement
between the City of Huntington Beach and GS Huntington Beach Project Owner, LP, to
Provide Installation and Maintenance of Landscaping and Hardscaping in the Public Right -
Of -Way."
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
Huntington Beach Planning Commission
2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
July 10, 2013
Pedigo Products, Inc. and Pedigo South, Inc.
c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC
4000 SE Columbia Way
Vancouver, WA 98661
SUBJECT: SITE PLAN REVIEW NO. 12-0021 TENTATIVE PARCEL MAP NO. 12-113/
DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS).
APPLICANT: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick
Lamprecht, ArchRock Development Group, LLC, 4000 SE Columbia Way,
Vancouver, WA 98661
PROPERTY
OWNER: Pedigo Products, Inc, and Pedigo South, Inc., 4000 SE Columbia Way,
Vancouver, WA 98661
George and Helen Psaros, 52 Vista Montemar, Laguna Niguel, CA 92677
REQUEST: SPR: To permit the development of a four-story with lofts apartment building
consisting of 510 dwelling units, 25,815 sq. ft. of public open space, 55,396
sq. ft. of private open space, and approximately 5,097 sq. ft, of leasing office
wrapped around a six -level 862-space parking structure and associated
infrastructure. The request includes onsite improvements to construct street
improvements along Edinger Avenue and an East-West street along the
south property line including parking consistent with City requirements. In
addition, the project will include a net import of 44,261 cubic yards of soil to
raise the project site above the flood plain. TPM: To consolidate five parcels
into one parcel. DA: To enter into a development agreement between the
City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger,
LLC, and George W. Psaros Trust (property owners) to ensure the provision
of 10 percent of the total units as affordable to moderate and low income
households.
LOCATION: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five
parcels located at the southwest corner of Edinger Avenue and Gothard
Street encompassing approximately 8.5 acres)
DATE OF
ACTION: July 9, 2013
On Tuesday, July 9, 2013, the Huntington Beach Planning Commission took action on your
application, and conditionally approved Site Plan Review No.12-002 and Tentative Parcel
Map No. 12-113 with findings and conditions of approval and approved Development
Phone 714-536-5271 Fax 714-374-1540 www,surfcity-hb.org
Notice of Action: SPR 12-002lTPM 12-113/DA 13-002
July 9, 2013
Page 2
Agreement No. 13-002 with findings for approval by approving the draft City Council Ordinance
and forwarded its recommendation to the City Council. Attached to this letter are the findings
and conditions of approval, draft ordinance, and development agreement.
Please be advised that the Planning Commission reviews the conceptual plan as a basic
request for entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of
the conditions of approval and address all requirements of the Beach and Edinger Corridors
Specific Plan and Huntington Beach Zoning and Subdivision Ordinance in order to expedite the
processing/completion of your total application. The conceptual plan should not be construed
as a precise plan, reflecting conformance to all Specific Plan and Zoning and Subdivision
Ordinance requirements.
Under the provisions of the Beach and Edinger Corridors Specific Plan, the action taken by the
Planning Commission becomes final at the expiration of the appeal period. As specified in the
Beach and Edinger Corridors Specific Plan, the property owner or a City Council member may
file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the
Planning Commission's action. The notice of appeal shall include the name and address of the
appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be
accompanied by a fling fee of One Thousand, Seven Hundred Sixty -Three Dollars ($1,763.00)
if the appeal is filed by a single family dwelling property owner appealing the decision on his
own property and Three Thousand, Three Eighty -Three Dollars ($3,383.00) if the appeal is filed
by any other party. In your case, the last day for filing an appeal and paying the filing fee is
Friday, July 19, 2013, at 5:00 PM.
Provisions of the Beach and Edinger Corridors Specific Plan are such that any application
becomes null and void one (1) year after final approval, or at an alternative time specified as a
condition of approval, unless actual construction has started.
"Excepting those actions commenced pursuant the California Environmental Quality Act, you
are hereby notified that you have 90 days to protest the imposition of the fees described in this
Notice of Action. If you fail to file a written protest regarding any of the fees contained in this
Notice, you will be legally legally barred from later challenging such action pursuant to
Government Code §66020."
If you have any questions, please contact Jill Arabe, the project planner, at jarabe@surfcity-
hb.org or (714) 374-5357 or the Planning Department Zoning Counter at (714) 536-5271.
Sincerely,
Scott Hess, AICP, Secretary
Planning Commission
By:
J ne Jar64s, Planning Manager
A19 it .•
Attachment:
1. Findings and Conditions of Approval — SPR No. 12-002/TPM No. 12-113/DA No. 13-002
Notice of Action: SPR 12-002/TPM 12-113/DA 13-002
July 9, 2013
Page 2
2. Draft City Council Ordinance — Pedigo Apartments Development Agreement
3. Exhibit A - Development Agreement No. 13-002 (Not Attached — On File)
Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Scott Hess, Director of Planning and Building
Bill Reardon, Division Chief/Fire Marshal
Paul D'Alessandro, Assistant City Attorney
Debbie DeBow, Principal Civil Engineer
Mark Carnahan, Inspection Manager
Jill Arabe, Associate Planner
Property Owner
Project File
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
SITE PLAN REVIEW NO. 12-002
TENTATIVE PARCEL MAP NO. 12-113
DEVELOPMENT AGREEMENT NO. 13-002
FINDINGS FOR CEQA EXEMPTION:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457,
because the project is a residential development that conforms with the Beach and Edinger
Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of
the project would not result in any new or more severe potentially adverse environmental
impacts that were not considered in the Final EIR for the BECSP. Compliance with all
applicable mitigation measures adopted for the Specific Plan will be required of the project. In
light of the whole record, none of the circumstances described under Section 15162 of the
CEQA Guidelines or 65457 of the Government Code are present and, therefore, no EIR or MND
is required.
The Project, located at the southwest corner of Edinger Avenue and Gothard Street, consists of
a four-story with lofts, 510-unit multi -family residential apartment development with on -site
public and private Open space and a six -level parking structure. The development site is
located within the Town Center Boulevard Segment of the Beach and Edinger Corridors Specific
Plan (BECSP) area. The City certified Program EIR No. 08-008 On December 8, 2009 and
adopted the BECSP on March 1, 2010. The BECSP anticipates development of 4,500 total new
dwelling units including 1,745 units on Edinger Avenue. The 510 units contemplated by the
project is within the total new dwelling units permitted on Edinger Avenue under the approved
BECSP. The project conforms to all standards and regulations of the BECSP development
code. Accordingly, no changes requiring revision of the previously certified Program EIR are
proposed as part of the project, nor have any circumstances changed requiring revision of the
previously certified Program EIR. In addition, no new information identifies that implementation
of the BECSP, including the project, will have significant effects that were not discussed in the
previously certified Program EIR or that the significant effects identified in the certified Program
EIR will be substantially more severe than determined in the Program EIR. Nor is there new
information showing that mitigation measures or alternatives not previously adopted would
substantially reduce One or more significant effects of the Project.
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 12-113:
Tentative Parcel Map No. 12-113 for the consolidation of five parcels into One 8.5 acre
parcel is consistent with the General Plan Land Use Element designation of Mixed Use on
the subject property. The project complies with all applicable code provisions of the
Subdivision Map Act, Huntington Beach Zoning and Subdivision Ordinance, and Beach and
Edinger Corridors Specific Plan. The project will result in the demolition of five existing
commercial and industrial buildings and facilitate the development of a 510 unit apartment
building, allowed by code.
G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.1
2. The site is physically suitable for the type and density of development. It is located within
the Beach and Edinger Corridors Specific Plan, which permits residential uses within close
proximity of commercial uses. The specific plan is a form -based code that does not rely on
density to limit development, but rather the building form to create an attractive public
experience appealing to pedestrians. By merging the five lots into one, the site will function
as an integrated development compatible with the vision of the growing urban Edinger
corridor.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The site was previously developed and does not contain any
significant habitat for wildlife or fish. In accordance with the California Environmental Quality
Act, the project will mitigate potential impacts to less than significant levels. Design features
of the project as well as compliance with the provisions of the Beach and Edinger Corridors
Specific Plan will ensure that the project will not significantly impact the function and value of
any resources adjacent to the project site. The project will comply with applicable mitigation
measures pursuant to Program EIR No. 08-008.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. Vehicular
access is provided throughout the project including the creation of a frontage road abutting
Edinger Avenue and East-West street along the south property line. The project will provide
all necessary easements and will not affect any existing easements.
FINDINGS FOR APPROVAL — SITE PLAN REVIEW NO. 12-002:
Site Plan Review No. 12-002 for the construction of a multi -family residential development
consisting of 510 dwelling units and associated improvements including public and private
open space areas, a leasing office, fitness and clubhouse amenities and a six -level parking
structure, will not be detrimental to the general welfare of persons working or residing in the
vicinity or detrimental to the value of the property and improvements in the neighborhood.
The proposed project will replace existing site improvements, which include five commercial
and industrial buildings and surface parking. The multi -family residential development, with
the recommended conditions of approval incorporates architectural and design elements
that provide maximum compatibility of use and design with the existing and anticipated
development in the vicinity of the project site, promotes the revitalization and restructuring of
an aging segment of Edinger Avenue, and supports the existing commercial development
surrounding the site. The proposed structure is four stories in height with lofts on the fourth
floor and features enhanced building materials and colors, building recesses and fagade
offsets, variation in massing composition and connections between arterial streets and
public open spaces. The project's conformance to the Beach and Edinger Corridors
Specific Plan (BECSP) further ensures that the form, height, and architectural design
convey an overall high level of quality.
2. The project will not adversely affect the Circulation Plan of the BECSP. The project will
provide public right-of-way improvements along Edinger Avenue and Gothard Street
pursuant to the BECSP development code. The improvements to Edinger Avenue create
continuity with the vision of the corridor which is to provide a protected parking access lane
with slow moving traffic and amenities that buffer the sidewalk from the central fast-moving
center of Edinger Avenue. The improvements to Gothard Street create a neighborhood
G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.2
scene with a six-foot wide sidewalk buffered by six-foot wide landscaping and low
pedestrian street lighting. The public frontages of the arterial streets establish public realms
that focus on pedestrians rather than vehicles. Pedestrian connectivity from the
development's public open spaces to the public streets will be enhanced with signage, as
conditioned, and landscaping to attract activity into and around the site. The project will pay
fees commensurate with the project's contribution of traffic on the area -wide roadway
system.
3. The proposed multi -family residential development will comply with the provisions of the
BECSP development code as specified in the Town Center Boulevard Segment. In
addition, the project meets all applicable provisions of Titles 20-25 of the Huntington Beach
Zoning and Subdivision Ordinance. The proposed project meets code requirements in
terms of building height, massing and volume, setbacks, landscaping, streetscape
improvements, public and private open space, and parking.
4. The project is consistent with the City's General Plan and applicable requirements of the
Municipal Code. The granting of the site plan review will not adversely affect the General
Plan. It is consistent with the Land Use Element designation of Mixed Use — Specific Plan
Overlay — Design Overlay on the subject property. In addition, it is consistent with the
following goals, objectives and policies of the General Plan:
A. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public
open spaces in the City.
Goal LU 4.2.4: Require that all development be designed to provide adequate space for
access, parking, supporting functions, open space, and other pertinent elements.
Policy LU 9.1.4: Require that recreational and open space amenities be
incorporated in new multi -family developments and that they be accessible to and of
sufficient size to be usable by all residents.
Goal LU 11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the need for
automobile use.
The proposed development is consistent with the Beach and Edinger Corridors Specific
Plan which encourages buildings closer to the streets, wider walkways, and large open
space areas to enhance the pedestrian and public experience. Approximately 25,815
sq. ft. of public open space will be provided in paseos and courtyard plazas. These
areas will be designed with enhanced landscaping, seating areas, and visually appealing
amenities. The architecture of the building is contemporary, incorporating notches,
major fagade offsets, and fagade composition changes to break up the massing of the
building at street frontages. A combination of stone and brick veneer is applied along
the base of the building with canopies at entrances to cater to the pedestrian scale. The
fagade skyline is then capped with parapets and articulating rooflines. Moreover, this
residential development is proposed within close proximity of new and existing
commercial uses thus reducing the need for automobile use. By permitting a mix of land
uses closer together, greater interaction will occur between developments and further
the vision and viability of the specific plan.
G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.3
B. Urban Design Element
Goal UD I: Enhance the visual image of the City of Huntington Beach.
Obiective UD 1.3: Strengthen the visual character of the City's street hierarchy (i.e.,
major, primary, etc.) in order to clarify the City's structure and to improve Citywide
identity.
Policy UD 1.3.1: Require a consistent design theme and/or landscape design
character along the community's corridors, that reflects the unique qualities of each
district. Ensure that streetscape standards for the major commercial corridors, the
residential corridors, and primary and secondary image corridors provide each corridor
with its own identity while promoting visual continuity throughout the City.
The demolition of the existing buildings and surface parking lots along Edinger Avenue
will allow for the emergence of residential and pedestrian activity closer to commercial
uses. The proposed building incorporates design features consistent with the BECSP
including varied building articulation and height, compatible colors and materials, usable
open space, and wider sidewalks thus improving the visual image along the arterial
streets. A Classic Boulevard frontage road will be constructed onsite consisting of a
protected parking access lane with slow moving traffic and amenities that buffer the
sidewalk from the fast-moving center lanes of Edinger Avenue. Greater pedestrian
activity will happen as development continues to progress consistent with the specific
plan along the Edinger corridor. Public improvements are proposed to existing streets
which involve wider sidewalks and parkways with pedestrian oriented street lights and
enhanced landscaping.
C. Economic Development Element
Obiective ED 3.3: Upgrade and modernize high -activity nodes and districts.
Policy ED 3.3.1: Work with land owners, businesses, and tenants located along the
primary corridors and at the principal nodes to define the market character and to create
district themes for market recognition purposes.
The existing parcels that make up the subject site currently function independently of
each other with separate parking lots and connection via public sidewalks. Two of the
buildings are vacant; one building is utilized as a recreation gym, and the other two
buildings are occupied by retail and offices/warehouses. Overall the 8.5 acre site is
underutilized and is envisioned to improve connections between developments with a
more efficient land use pattern. The consolidation of these parcels would enhance the
functionality of the site and it would be upgraded to promote greater pedestrian activity
consistent with the intended and developing urban environment of the specific plan. The
proposed project is consistent with the vision for Edinger corridor by providing housing
within close proximity of commercial uses.
D. Circulation Element
Goal CE 2: Provide a circulation system which supports existing, approved and
planned land uses throughout the City while maintaining a desired level of service on all
streets and at all intersections.
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Objective CE 3.2: Encourage new development that promotes and expands the use
of transit services.
The proposed Edinger Avenue streetscape will create continuity with new development
along this corridor by providing a protected parking access lane with landscaping to
buffer pedestrians from the vehicular thoroughfare. Existing street medians will be
reconfigured to adequately serve the project site and existing commercial site across the
street. Pedestrian connectivity is improved with abundant landscaping and architectural
elements through public open spaces, paseos, and wider sidewalks. Also, the project
would pay fees commensurate with the project's contribution of traffic on the area -wide
roadway system.
E. Housinq Element
Goal H 2: Provide adequate housing to accommodate regional housing
needs.
Goal H 3: Assist in development of affordable housing.
Policy H 3.1: Encourage the production of housing that meets all economic segments
of the community, including lower, moderate, and upper income households, to maintain
a balanced community.
The development agreement would ensure that the project is developed in accordance
with the development plan and guarantee that the project provides 51 onsite affordable
housing units. The project represents new housing in the City that will help to fulfill the
City's share of the regional housing need. The proposed project would accommodate
and is designed to appeal to different age groups, and household types. Ten percent of
the units will be provided for affordable housing with 43 units for moderate income levels
and 8 for low income levels. Residents will benefit from the proximity of the project to
different activities and uses; it provides opportunities and convenience for many
households to use alternate travel modes such as walking and bicycling to complete
their daily routines and run errands, thereby serving the need for affordable housing for
this segment of the population.
FINDINGS FOR APPROVAL - DEVELOPMENT AGREEMENT NO. 13-002:
The development agreement is consistent with the General Plan and Beach and Edinger
Corridors Specific Plan. Development Agreement No. 13-002 provides for construction of
the Pedigo Apartment project with approval for Site Plan Review No. 12-002 and will
conform to the goals and policies of the General Plan. The development agreement
ensures the construction of 51 affordable housing units within the project in accordance with
the provisions of the Specific Plan for a 55 year period. The development agreement is
consistent with the following goals and policies of the General Plan:
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing
needs.
Goal H 3: Assist in development of affordable housing.
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Policy H 3.1: Encourage the production of housing that meets all economic
segments of the community, including lower, moderate, and upper income households,
to maintain a balanced community.
B. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and
public open spaces in the City.
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic
viability, while maintaining the City's environmental resources and scale and character.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and
establishes a distinct identity for the City's neighborhoods, corridors, and centers.
Goal LU 9: Achieve the development of a range of housing units that provides
for the diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
The project represents new housing in the City that will help to fulfill the City's share of
the regional housing need. Ten percent of the units will be provided for affordable
housing with 43 units for moderate income levels and 8 units for low income levels.
Residents will benefit from the proximity of the project to different activities and uses. It
provides opportunities and convenience for many households to use alternate travel
modes such as walking and bicycling to complete their daily routines and run errands,
thereby serving the need for affordable housing for this segment of the population. The
Edinger Corridor will be revived with the incorporation of housing closer to commercial
projects to generate activity in an area that was previously viewed as underutilized and
declining.
CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 12-113:
The Tentative Parcel Map No. 12-113 for the consolidation of five parcels into one 8.5 acre
parcel received and dated May 20, 2013 shall be the approved layout.
2. Prior to recordation of the final map, building permits shall be obtained and finaled for
demolition of the existing structures.
3. Prior to issuance of building permits, the final parcel map shall be recorded with the County
of Orange.
CONDITIONS OF APPROVAL — SITE PLAN REVIEW NO. 12-002:
The site plan, floor plans, and elevations received and dated June 10, 2013 shall be the
conceptually approved design with the following modifications:
a. Signage shall be posted at entrances of the paseos and throughout the public open
spaces identifying public access and use. The signage plan shall be reviewed and
approved by the Departments of Public Works, Community Services, and Planning
and Building.
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b. The public open spaces shall be improved with amenities such as bike racks, public
art element, benches, trash receptacles, and shade trees. The final design for the
public open space shall be reviewed and approved by the Planning Division and
Community Services Department.
c. A minimum of 10 parking spaces shall be designated for Electric Vehicle (EV)
charging stations.
d. The interior of the parking structure shall be painted in white and lighting shall be
located directly between parking stalls or in the center of parking structure aisles.
Cameras shall be placed at the entrance and exit of the parking structure as well as
elevator waiting areas, stairwells, trash areas, bicycle areas, fitness center and
clubhouse. The cameras shall record 24 hours, seven days a week. Minimum 800
MHz radio antennas shall be installed so that emergency personnel can effectively
receive/transmit in the parking structure.
e. All new utilities such as backflow devices, Edison transformers, and double check
detector assembly devices shall be relocated outside of the front yard setbacks and
screened from view by landscaping subject to review and approval by the Planning
and Building Department.
2. Comply with all mitigation measures adopted for the project in conjunction with
Environmental Impact Report No. 08-008 as specified in the Mitigation Monitoring Program
for Pedigo Apartments.
3. At least 14 days prior to any grading activity, the property owner/developer shall provide
notice in writing to property owners of record and tenants of properties within a 500-foot
radius of the project site as noticed for the public hearing. The notice shall include a general
description of planned grading activities and an estimated timeline for commencement and
completion of work and a contact person name with phone number. Prior to issuance of the
grading permit, a copy of the notice and list of recipients shall be submitted to the Planning
and Building Department.
4. Prior to issuance of a precise grading permit, the following shall be completed:
a. An interim parking and building materials storage plan shall be submitted to the
Planning Division to assure adequate parking and restroom facilities are available for
employees, customers and contractors during the project's construction phase and
that adjacent properties will not be impacted by their location. The plan shall also be
reviewed and approved by the Fire Department and Public Works Department. The
property owner/developer shall obtain any necessary encroachment permits from the
Department of Public Works.
b. Blockwall/fencing plans (including a site plan, section drawings, and elevations
depicting the height and material of all retaining walls, walls, and fences) consistent
with the grading plan shall be submitted to and approved by the Planning Division.
Double walls shall be prohibited. Interior property line walls (west, south) shall be a
maximum of six feet in height and comply with Section 2.6.8 (4) of the BECSP. Prior
to construction of any new walls, a plan must be submitted identifying the removal of
any existing walls/fences next to the new walls, and shall include approval by
G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-1131DA 13-002 Pedigo Apts Attachment 1.7
property owners of adjacent properties. The plans shall identify materials, seep
holes and drainage.
c. All design and construction shall be per the City Standard codes and street
configuration and specifications of the Beach and Edinger Corridors Specific Plan.
The frontage along Edinger Avenue shall comply with the "Classic Boulevard"
configuration and the frontage along Gothard Street shall comply with the
"Neighborhood Street" configuration. (PW)
d. A lighting plan depicting the boulevard -scale street lighting and pedestrian -scale
street lighting along street frontages shall be submitted to the Planning and Building
Department for review and approval by the Planning Division and Public Works
Department.
5. Prior to submittal for building permits, the following shall be completed:
a. One set of project plans and one 8 'h inch by 11 inch set of all colored renderings,
elevations, and materials sample and color palette, revised pursuant to Condition of
Approvals and Code Requirements, shall be submitted for review, approval, and
inclusion in the entitlement file, to the Planning Division.
b. Zoning entitlement conditions of approval, code requirements identified herein and
code requirements identified in separately transmitted memorandum from the
Departments of Fire, Building, and Public Works shall be printed verbatim on one of
the first three pages of all the working drawing sets used for issuance of building
permits (architectural, structural, electrical, mechanical and plumbing) and shall be
referenced in the sheet index. The minimum font size utilized for printed text shall be
12 point.
c. Submit three (3) copies of the site plan and floor plans and the processing fee to the
Planning Division for addressing purposes.
d. Contact the United States Postal Service for approval of mailbox location(s).
6. Prior to issuance of building permits, the following shall be completed:
a. The Developer shall provide a Landscape Maintenance License Agreement for the
continuing maintenance and liability of all landscaping, irrigation, furniture and
enhanced hardscape that is located along the project frontage within the public right
of way. The agreement shall describe all aspects of maintenance such as enhanced
sidewalk cleaning, trash cans, disposal of trash, signs, tree or palm replacement and
any other aspect of maintenance that is warranted by the development plan
improvements proposed. The agreement shall state that the property ownership
shall be responsible for all costs associated with maintenance, repair, replacement,
liability and fees imposed by the County, City and/or Caltrans. (PW)
b. A public art element, approved by the Design Review Board, Director of Planning
and Building, and the Cultural Services Supervisor, shall be depicted on the plans.
Public Art shall be innovative, original, and of artistic excellence; appropriate to the
design of the project; and reflective of the community's cultural identity (ecology,
history, or society).
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c. The developer shall underground all overhead 12kV electrical distribution and any
overhead communication line along the Edinger Avenue frontage. (PW)
d. The subject property shall provide an irrevocable offer to dedicate a reciprocal
accessway (East-West street) between the subject site and westerly property. The
legal instrument shall be submitted to the Planning Division a minimum of 30 days
prior to building permit issuance. The document shall be approved by the Planning
Division and the City Attorney as to form and content and, when approved, shall be
recorded in the Office of the County Recorder prior to final building permit approval.
The recorded agreement shall remain in effect in perpetuity, except as modified or
rescinded pursuant to the expressed written approval of the City of Huntington
Beach.
The cost of improvements to implement the future reciprocal accessway shall be
determined by a fair share amount and shared by the two property owners. The
accessway design shall consist of vehicular access, pedestrian access, and
landscaping consistent with the existing streetscape and the design, location, and
width shall be reviewed by the Planning and Building Department and Public Works
Department.
Prior to submittal for building permits, the applicant shall submit three construction
cost estimates, prepared by licensed contractors, for the design and construction
costs to implement the reciprocal accessway. The cost estimate shall include a
contingency amount to cover estimated inflation and rising construction costs (based
on CPI and PPI) over a ten year period and shall be subject to review and approval
by the Public Works and Planning and Building Departments.
Prior to issuance of building permits, the applicant, Public Works Department, and
Planning and Building Department shall determine and finalize the estimated
construction cost and fair share amount due by the applicant.
Prior to final inspection of the first residential unit, the applicant shall deposit the fair
share amount in an account with the Public Works Department. The payment shall
be on reserve with the City until the improvements will be constructed between the
developments.
7. Prior to occupancy of the first dwelling unit, the following shall be completed:
a. Enhanced paving materials shall be provided at vehicular entrances to the parking
structure and pedestrian connections.
b. A Parking Management Plan, approved by the property owner/developer shall be
submitted for review and approval by the Planning Division. Said plan shall depict
designated (residents, employees/guests) parking space locations.
8. The use shall comply with the following:
a. All entry points to residences, fitness area, and clubhouse shall be monitored by
secured FOB type entries and security cameras. (PD)
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9. The developer or developer's representative shall be responsible for ensuring the accuracy
of all plans and information submitted to the City for review and approval.
10. SPR 12-002 shall become null and void pursuant to the terms of the Development
Agreement.
11. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification (http://www-usqbc.org/DisplaVPage,aspx?CategoryID=1 9) or Build It Green's
Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/green-building-
guidelines-rating).
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.10
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON
BEACH, PEDIGO GOTHARD LLC, PEDIGO SOUTH EDINGER LLC, AND GEORGE W.
PSAROS TRUST (DEVELOPMENT AGREEMENT NO. 13-002 -PEDIGO APARTMENTS)
WHEREAS, the Huntington Beach City Council approved Site Plan Review No. 12-002
and Tentative Parcel Map No. 12-113 to develop an approximately 8.5 acre site generally located
at the southwest corner of Edinger Avenue and Gothard Street in Huntington Beach, California
("Property"), with 510 apartment units, with a leasing office, parking structure; and private and
public recreation and open space areas ("Project"), pursuant to the City of Huntington Beach
Zoning and Subdivision Ordinance ("HBZSO"); and
Pedigo Gothard, LLC, a limited liability company, Pedigo South
Edinger, LLC, a limited liability company, and George W. Psaros Trust
("Developer") and the City each mutually desire to enter into a Development Agreement with
one another to permit and ensure that the Property is developed in accordance with the approved
Site Plan No. 12-002 and the City's zoning regulations to achieve the mutually beneficial
development of the Property,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTIONI. That the City Council hereby finds that Development Agreement No. 13-
002 conforms to Government Code Section 65864 et. seq. and that:
a. Development Agreement No. 13-002 is consistent with the Huntington
Beach General Plan; and
b. Development Agreement No. 13-002 is consistent with Chapter 246 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Huntington Beach
Municipal Code; and
C. Development Agreement No. 13-002 will not be detrimental to the health,
safety and general welfare, and will not adversely affect the orderly development of the
property because it is consistent with applicable land use regulations of the zoning regulations in
effect at the time of project approval, the mitigation measures adopted for the Project in
accordance with EIR No.08-008, and the conditions approved for Site Plan Review No.12-002;
and
d. The City Council has considered the fiscal effect of Development
Agreement No. 13-002 on the City and the effect on the housing needs of the region in which the
City is situated and has balanced these needs against the public service needs of its residents and
available fiscal and environmental resources.
1 �/} `�'
13-3775/98702 , T- ACHMEN S NO. �?- k -
SECTION 2. Based on the above findings, the City Council of the City of Huntington
Beach hereby approves Development Agreement No. 13-002 and adopts it by this ordinance
pursuant to Government Code Section 65867.5. This action is subject to a referendum.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City Huntington Beach at a
regular meeting thereof held on
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Manager
Mayor
APPROVED AS TO FORM:
City Attorney
VITIATED AND APPROVED:
Director of Planning and Building
Exhibit A: Development Agreement No. 13-002 — gc�,, QA*WA
13.3775198702
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