HomeMy WebLinkAboutLOWE'S HOME IMPROVEMENT WAREHOUSE aka Lowe's HIW, Inc. - and Ocean View School District - 2005-03-21 (3)610
Council/Agency Meeting Held: 31.E
Deferred/Continued to: 1,
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si nature
Council Meeting Date: 3/21/2005 1 Department ID Number: PW 05-012
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLF,, MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELO GULB ETCH -GRAFT, CITY ADMINISTRATOR
F
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PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS
SUBJECT: Approve Lowe's Landscape License Agreement _.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachtnent(s)
Statement of Issue: Conditional Use Permit No. 00-31 requires Lowe's Home
Improvement Warehouse (Lowe's), located at 8175 Warner Avenue, to provide a Landscape
License Agreement for maintenance of landscaping in the Improvement Area along Warner
Avenue and B Street.
Funding Source: No funding is required for this action.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Cleric to execute the Landscape License
Agreement with the City of Huntington Beach, the Ocean View School District, and Lowe's
HIM Inc.
Alternative Action(s): Do not approve the Landscape License Agreement. This action will
prevent Lowe's from meeting the City's conditions of development.
Crv\ ?r, )-
REQUEST FOR ACTION
MEETING DATE: 3/21/2005 DEPARTMENT ID NUMBER:PW 05-012
Analysis: Lowe's HIW, Inc. is required to provide a Landscape License Agreement to
insure continual maintenance of improvements installed within the public right-of-way
adjacent to the development. Should Lowe's prematurely terminate the agreement, the
improvements must be returned to the condition of the landscaping as it appeared upon final
approval of the project.
The Agreement includes the Ocean View School District of Orange County as a party to the
Agreement as they are the owners of the parcels. The District would be responsible for
maintenance of the improvements should the premises be vacated by the Licensee.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
Landscape License Agreement (three copies)
2. 1 Insurance Waiver
3. Location Map
GAR C A12005105-012 March 21 Davis Lowe's Landscape License Agmt-doc -2-
31312005 4:57 PM
ATTACHMENT 1
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PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Gift � 1-�f1 1 fi� R-ach
1p�0 X
unTino� CA 1264e)
Recorded in Official Records, Orange County
Ton, Daly, Clerk -Recorder
11IIII1Ili11111VIo FEE
2005NO270946 01:44pm 04/11105
211 130 Al2 16
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
(Please fill in docwn t 'tie(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
9195
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LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY AND LOWE'S HIW, INC.
TO MAINTAIN LANDSCAPING WITHIN CERTAIN PUBLIC RIGHT OF WAY
S�'
This Agreement is made and entered into this day of M(, ('O 2005,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "City," the OCEAN VIEW SCHOOL DISTRICT OF ORANGE
COUNTY, herein after referred to as "SCHOOL DISTRICT," and LOWE'S HIW, INC., a
Washington corporation, hereinafter referred to as "LICENSEE."
WHEREAS SCHOOL DISTRICT is the owner of the real property located in the City of
Huntington Beach, County of Orange, State of California, known as Parcels 1, 2, 3 and 4 of
Parcel Map No. 2002-125, more particularly described in Exhibit "A" attached hereto
("Property"); and
WHEREAS, LICENSEE is the lessee from the School District of Parcels I and 2 of
Parcel Map 2002-I25 located in the City of Huntington Beach, County of Orange, State of
California and described in Exhibit "A," LICENSEE requested and was required by the
Department of Public Works of CITY to provide landscaping and other improvements in the
public right-of-way in, accordance with plans and specifications submitted by LICENSEE and
approved by CITY; and
LICENSEE is implementing plans to develop Parcel I as a retail home improvement
center and plans to sublease Parcel 2 for other retail or restaurant uses; and
SCHOOL DISTRICT. currently intends to utilize parcels 3 and 4 for School District
purposes; and
In connection with the development of Parcels I and 2 of Parcel Map 2002-125, located
in the City of Huntington Beach, County of Orange, State of California, LICENSEE is required
by CITY to provide maintenance of landscaping in the area of public right-of-way depicted in
attached Exhibit "B," incorporated by this reference (hereinafter referred to as "the Improvement
Area"), located in the City of Huntington Beach, pursuant to the terms hereof and in accordance
with plans and specifications submitted by LICENSEE and approved by CITY; and
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By this agreement, the parties hereto desire to clarify and specifically delineate their
respective obligations with respect to the maintenance of the hereinabove described
Improvement Area.
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. GRANT OF LICENSE
Subject to terms and conditions hereinafter set forth, LICENSEE shall have a non-
exclusive, revocable license (the "License's to use that certain portion of the Property defined in
Paragraph 2 hereof as the "Improvement Area," for landscaping purposes.
During the term of this License, the LICENSEE agrees to maintain the existing
improvements of the area shown in Exhibit "B" and designated thereon as the "Improvement
Area" in good and satisfactory condition. 'Maintenance shall include but not be limited to
watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing,
cultivating, edging, performing general planting and trimming or other corrective gardening,
spraying grass and plants with both insecticides and herbicides, and generally keeping the
landscaped area in clean, safe and attractive condition, taking into consideration normal growth
of the landscape materials and a continuation of the aesthetic quality of the area. The growth of
all plant materials shall not be allowed to grow, nor irrigation be allowed spray across or onto
any bicycle path, pedestrian walk or street right-of-way from the edge of the curb/gutter to the
center of the street as designated on Exhibit `B." The Improvement Area shall be free from
weeds, debris and harmful insects at all times. All such gardening and maintenance practices so
performed shall conform to the best maintenance practices and to the ArboriculturaI and
Landscape Standards Specification, issued by the CITY's Department of Public Works.
LICENSEE agrees to perform all necessary irrigation in the area depicted on Exhibit "C."
LICENSEE shall supply, maintain or repair as needed all equipment required to adequately
irrigate the area.
LICENSEE agrees to maintain and keep the Improvement Area in good condition and
repair, free and clear of litter and debris and free from any objectionable noises, odors or
nuisances and to comply with all health and police regulations, in all respects at all times.
LICENSEE agrees to dispose of litter and debris only in receptacles designated by CITY.
Huntington Beach. CA-05 loves Wuhcapen /lM 2
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2. LOCATION
The Improvement Area shall be that portion of the Property labeled Exhibit "B" attached
hereto and made a part of hereof by this reference.
3. PLANS AND SPECIFICATIONS
LICENSEE shall perform at LICENSEE's sole cost and expense any and all refurbishing
to the Improvement Area as necessary to bring the Improvement Area into an operating
condition, all in accordance with plans submitted by LICENSEE to CITY, which plans shall be
subject to the prior written approval of CITY. No changes, modifications or alterations may be
made to the Improvement Area with the prior written consent of CITY.
4. DAMAGE TO IMPROVEMENT AREA
In the event any damage is caused to any pathway, sidewalk, curb, street or utility as a
result of the installation of the landscaped material installed and/or maintenance of the
Improvement Area, LICENSEE or its successors and assigns agree to repair same at their own
expense. 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 days
of LICENSEE's discovery of the breakage or destruction. Stolen items will be considered
destroyed for purposes of this section.
5. MECHANICS' LEIN
LICENSEE agrees not to suffer any mechanics' lien to be filed against the Improvement
Area by reason of any work, labor, services or material performed at or furnished to the
Improvement Area, to CITY or anyone holding the Improvement Area through or under the
Agreement. Nothing in this agreement shall be construed as a consent on the part of the CITY to
subject the CITY's estate in the Improvement Area to any mechanics' liens or liability under the
mechanics' lien laws of the State of California.
6. ASSIGNMENT
The License herein granted is personal to LICENSEE and is non -assignable. Any attempt
to assign the License automatically terminates this License. Other than the License granted
hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or
extent whatsoever in the Improvement Area arising out of the License or out of LICENSEE's use
or occupancy of the Improvement Area, whether now existing or arising at any future time. This
Huntington Beach, CA-05 ]owes landscapol11&D5 3
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License is appurtenant to the Property and may not be separately assigned apart from the
Property or the interests therein.
7. TERM
The term of this License shall be perpetual, provided that CITY may at any time
terminate this License upon thirty (30) days written notice to LICENSEE. In the event of any
such termination, LICENSEE and its successors and assigns shall be obligated to restore the
improvements, including the plantings and irrigation systems, to their condition at the time of the
original installation and to satisfy all CITY requirements pertinent to restoration of the
Improvement Area. In the event of a termination, LICENSEE or its successors in interest shall be
required to disconnect the water and electrical supply source from the Property and to construct
and reconnect a new water and electrical supply source to the Improvement Area irrigation
system to the satisfaction of CITY.
LICENSEE and CITY shall each have the right to terminate this License Agreement at
any time upon ninety (90) days prior written notice delivered to the other parties.
Upon the expiration or earlier termination of the License, LICENSEE shall quit and
surrender the Improvement Area with all improvements thereon.
8. APPLICABLE LAW
LICENSEE shall, at its sole cost and expense, faithfully observe in the use and
occupation of the Improvement Area all municipal ordinances, and all state and federal statutes
now in force and which may hereafter be in force, and shall fully comply, at its sole expense,
with all regulations, orders, and other requirements issued or made pursuant to any such
ordinances and statutes. All building permits, business licenses and other applicable permits and
licenses shall be secured and paid for by LICENSEE.
9. UTILITIES
LICENSEE shall bear the expense of electricity and any other utility necessary to the
operation of the License Area pursuant to this License. LICESEEE shall be solely responsible for
using such utilities in a safe and hazardless manner, complying in all respects with applicable
codes and ordinances.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, LICENSEE or its successors or assigns
acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to
Himlinoon Beach. CA-05 lowes landscaW11IMS 4
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be insured against liability for workers' compensation; LICENSEE covenants that it will comply
with such provisions prior to commencing performance of the work hereunder.
LICENSEE shall maintain such Worker's Compensation Insurance in an amount as
required by statute and Employers' Liability Insurance with the following limits: $500,000 for
bodily injury per accident; $500,000 per employee for disease and $500,000 policy limit for
disease. All insurance required herein shall be underwritten with companies with an A.M. Best
rating of A-NIII or higher.
11. INSURANCE
LICENSEE or its successors and assigns shall carry at all times incident hereto, on all
operations to be performed hereunder, in the public right of way as contemplated herein,
commercial general liability insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability with minimum limits of
$1,000,000 per occurrence and automobile liability insurance with a combined single limit of
$1,000,000. All insurance shall be underwritten by insurance companies with an A.M- Best
rating of A-NIII or higher for all operations, subcontract work, contractual obligations, product
or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies
shall name the SCHOOL DISTRICT and CITY, their officers, agents and employees as
Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full
force and effect during the term of this Agreement.
LICENSEE may satisfy any or all insurance requirements hereunder through a program
of self-insurance provided that the self -insured retention does not exceed $3,000,000 and
LICENSEE and its parent corporation maintain a combined net worth of at least Two Hundred
Million Dollars ($200,000,000).
An insurance waiver is on file.
12. CERTIFICATES OF INSURANCE
Prior to the Commencement date LICENSEE shall furnish to SCHOOL DISTRICT and
CITY certificates of insurance subject to approval of the City Attomey evidencing the insurance
coverages 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
provide that insurer shall endeavor to give thirty days written notice to CITY and SCHOOL
Huntington Scwh. CA-05 lowes tandscapelUI8105 5
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DISTRICT of any cancellation or modification. LICENSEE shall maintain the insurance
coverages in force until the License is terminated.
The requirement for carrying the insurance coverage shall not derogate from the
provisions for indemnification of CITY and SCHOOL DISTRICT by LICENSEE under the
Agreement. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
13. INDEMNIFICATION AND HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless
SCHOOL DISTRICT and CITY, their officers, and employees against any and all liability,
claims, judgments, costs and demands, however caused, including those resulting from death or
injury to LICENSEE's employees and damage to LICENSEE's property, arising directly or
indirectly out of the grant of License herein contained, including those arising from the passive
concurrent negligence of CITY, but save and except those which arise out of the active
concurrent negligence, sole negligence, or the sole willful misconduct of CITY.
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorneys' fees.
14. RULES AND REGULATIONS
.LICENSEE or its successors or assigns as the case may be, agrees to obey and observe
(and cause its officers, employees, contractors, licensees, invitees and all other doing business
with LICENSEE to obey and observe) all rules and regulations of general applicability regarding
the Property as may be established by CITY at anytime and from time to time during the term of
this Agreement.
15. DEF_Ai� T
In the event LICENSEE or its successors and assigns does not maintain the Improvement
Area in an adequate manner after receiving notice and opportunity to cure any deficiency in
maintenance, CITY shall cause such maintenance to be performed adequately and ail costs
reasonably incurred shall be assessed to and billed directly to the LICENSEE. Payment shall be
due within thirty (30) days of billing.
16. COVENANT
SCHOOL DISTRICT for itself, its successors and assigns, agrees that this Agreement
shall be a covenant running with the land, binding upon and inuring to the benefit of the owner
Huntington Beach. CA-05 lowes landwaWl)18105 6
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of the Common areas of the Property, as the burdened parcels, and its respective successors in
interest, heirs, personal representatives, and inuring to the benefit of the CITY, as the owner of
the Improvement Areas, as the benefited parcel.
17. NOTICES
Any notice or special instructions required to be given in writing tender this Agreement
shall be given either by personal delivery to LICENSEE, SCHOOL DISTRICT (as designated
herein), or to CITY as the situation shall warrant, or by enclosing the same in a seated envelope,
postage prepaid, and depositing the same in the United States Postal Service, addressed as
follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
TO SCHOOL DISTRICT:
Ocean View School District
of Orange County
17200 Pfnehurst Lane
Huntington Beach, CA 92647
Attn-. James R. Tarwater
18. COOPERATION
TO LICENSEE:
Lowe's HIW, Inc.
Highway 268, East Dock
North Wilkesboro, NC 28659
Attn: Property Management (REO)
Lowe's HIW, Inc.
Highway 268, East Dock
North Wilkesboro, NC 28659
Attn: Law Department (REO)
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.
19. 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.
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20. INTERPRETATION
If any provision of this Agreement shall be deemed to be invalid, the remainder of this
Agreement shall not be affected thereby. Each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
21. RECORDATION
This Agreement shall be recorded with the County Recorder of Orange County,
California.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each pasty shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
23. ENTIRETY
The foregoing, and the attachments hereto, set forth the entire Agreement between the
parties.
[SIGNATURE FOLLOW ON NEXT PAGE]
Huntington Beach, CA-05 lowes landscapol/l V05
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on 2005.
LICENSEE:
LOWE'S HIW, INC.,
By: - !.-
}�/�cth4,��
Print name _
ITS: (circle one) ChairmanlPresiden , ice President
.I.
Print name
ITS: (circle one) SeeretarylChief Financial Officer
ne - Treasurer
REVIEWED AND APPROVED:
ity Administrator
SCHOOL DISTRICT:
OCEAN VIEW SCHOOL DISTRICT
OF ORANGE COUNTr77Y
By: , l .�
,.
es R. Tarwater, Ed.D.
Prins name
ITS:
Title: District Superintendent
CITY OF HUNTINGTON BEACH, a
municipal corporation of the
State of California
clityber -,- -
APPROVED AS TO FORM:
City ey
INITIATED APPROVED:
Director of blic Works
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State of California )
)ss.
County of Orange )
On EA2005, before me, Susan T. Okla, notary public,
personally appeared James(A. Tarwater, Ed-D., personally known to me be the person
whose name is subscribed to within instrument, and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SUM L 4RMA
Cornmi�lon # 1392419
No" RAft ... • cOWOMIG Si nature 1J- (/•,
My Comm. . 2Uo7
State of California )
ss.
County of San Diego
4n 2005, before me, Christine Kawarnoto, notary public,
personally appeared Mic ael L. Skiles, personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature_ 4&"6fft�
r. n
State of California )
ss.
County of San Diego )
4n 2005, before me, Christine Kawamoto, notary public,
personally appeared Tom f Maddox, personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal,
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LAND USE SUMMARY
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ATTACHMENT 2
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1. Requested by: Christi Mendoza, Risk Management JAN 19 2005
2. Date: January 19, 2005 City of Huntfigton seach
3. Nam of contractor/permittee: Lowe's Companies Inc. City Attorneys office
4. Description of work to be performed: Landscape License
5. Value and length of contract: Not applicable: perpetual
6. Waiver/modification request: $3,000,000 qenerakabilitydeducljble andd endorsem
i. Reason for request and why it should be grant : U�`le fo i with the c'
deductible and additional insured endorsement requirements
B. Identify the risks t9 jhe City in approving this waiver/modification: None.
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 wired if
Risk Management and the C.i[yAttorney's Office disagree
1. Risk Management /
Approved ❑ Denied r '� Y
Signature Date
2. City Attorney's Office
Approved ❑ Denie ° 12', a
Signature U Date
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 riled With the Risk Management Division of Administrative Services
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ATTACHMENT 3
VICINITY MAP
N.T.S.
FIGURE 1
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PROJECT LOCATION MAP
N.T.S.
FIGURE 2
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve Lowe's Landscape License Agreement
COUNCIL MEETING DATE:
March 21, 2005
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Attached
❑
Not Appiicable
Resolution (wlexhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Not Appiicable
❑
Attached
Contract/Agreement (wlexhibits if applicable)
Not Applicable
❑
(Signed in full by the City Attome )
Subleases, Third PartAgreements, etc.
Y 9
Attached
Not Applicable
(Approved as to form by City Attome
Certificates of Insurance (Approved b the City Attome
AA Y Y Y}
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000)
Attached
Not Applicable
❑
Attached
❑
Bonds If applicable)
( pp )
Not Applicable
Attached
❑
Staff Report (If applicable)
Not Applicable
Attached
❑
Commission, Board or Committee Report If applicable)
p ( pp )
Not Applicable
Attached
❑
s/Conditions for Approval and/or Denial
Find ings/Conditions
g pp
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
I REVIEWED I RETURNED I FORWARDEW
Administrative Staff
Assistant Citv Administrator f initi
Administrator (Initia
Clerk
EXPLANATION FOR RETUR14 OF ITEM:
5- '1 r.rx. < v� %
RCA Author: Charles L. Davis
i
CITY.OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 1/24D
TO: C� V' ex) ' / C.T ATTENTIONA, R77'7 cs /y
Name
�lDa 7`�,/�C.0 �Si L�J- DEPARTMENT:
Street
T] AJ 6 iAIJ Gic/ REGARDING: ki G&voS a /L4_CA= ! ew
City, State, Zip
See Attached Action Agenda Item Date of Approval ._3oZ/
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
City Clerk
Attachments: -Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
N e D%artment RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance 'Other
Name Department RCA. Insurance
g:/followup4 etters/covedtr.doc
(Telephone: 714-536-5227 )
0 0
LA I>e CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: 1AJ e
Na/m/g-
str t
City, State, Zip
See Attached Action Agenda Item
ATTENTION: P fi 6 toU'
DEPARTMENT:
REGARDING: L /r EIS &! 46t4i3'ICxJT
Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
2 )L--z-4ti,bs
City Clerk
Attachments: Action Agenda Page
Agreement
Bonds
Insurance
RCA
Deed
Other
CC: -do
Na
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Insurance
g:/followup/lefters/coverltr.doc
(Telephone: 714-536-5227 )
..44 &
-OL-j
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 12, 2005
Lowe's HIW, Inc.
Highway 268, East Dock
North Wilkesboro, NC. 28659
Attn: Property Management
To Whom It May Concern:
CALIFORNIA 92648
Enclosed is a copy of the recorded License Agreement between the City of
Huntington Beach, California, Ocean View School District of Orange County and
Lowe's HIW, Inc for your records.
Sincerely,
Joan ) 0�-
L. Flynn
City Clerk
Enclosure: Agreement
G:followup:agrmtltr
(1relephone:714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 12, 2005
Ocean View School District
17200 Pinehurst Ln.
Huntington Beach, CA 92647-5569
Attn: James N. Tarwater
Dear Mr. Tarwater:
Enclosed is a certified copy of the recorded License Agreement between the City
of Huntington Beach, California, Ocean View School District of Orange County
and Lowe's HIM Inc for your records.
Sincerely,
Joan L. Flynn
City Clerk
Enclosure: Agreement
G:follo\vup:agrmtltr
(Telephone* 714-536-5227 )
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
April 1, 2005
Tom Daly
County Clerk -Recorder
P.Q. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find License Agreement between the City of Huntington Beach, California,
Ocean View School District of Orange County and Lowe's HIW, Inc. to maintain
Landscaping within Certain Public Right of Way which includes Exhibits A, B, and C
regarding Parcel Map 2002-125 to be recorded and returned to the City of Huntington Beach,
Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the acceptance when recorded to this office in the enclosed
self-addressed stamped envelope.
o"'*J4")
Joan L. Flynn
City Clerk
JF_dj
Enclosures
License Agreement between the City of Huntington Beach, California, Ocean View School District of
Orange County and Lowe's HIW, Inc_ to maintain Landscaping within Certain Public Right of Way which
includes Exhibits A, B, and C regarding Parcel Map 2002-125.
gAoRowupltract/acceptpublicimp-recorder.doc
procedure #23
{Telephone: 714-536-5227j