HomeMy WebLinkAboutMCDONNELL DOUGLAS CORPORATION/BURKE HUNTINGTON BEACH,LLC - BOEING SEWAGE PUMP STATION NO. 12 - 2004-07-19LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCM/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
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LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: _8 / 7 !) Z/
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Name
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City, State, Zip
See Attached Action Agenda Item L- Date of Approval.
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Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
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City Clerk
Attachments:.Action Agenda Page ✓ Agreement Bonds Insurance
RCA . Deed Other
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Name Department RCA Agreement Insurance Other
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(13) • July 19, 2004 - COU1 I/Agency Agenda - Page 13
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the
minutes of the City Council/Redevelopment Agency Adjourned Regular Meetings of May
24, 2004 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
Approved and Adopted 7-0
E-2. (City Council) Approve Boeina Sewaae Puma Station No. 12 Maintenance
Replacement and Operation Reimbursement Agreement Between McDonnell
Doualas Corporation, the City of Huntinaton Beach, and Burke Huntington Beach
LLC (Bolsa Chica Station Located at 14700 Bolsa Chica Street and Skylab West
Maintenance) (600.10) — Approve and authorize the Mayor and City Clerk to execute
the Agreement (Sewage Pump Station No. 12, Bolsa Chica Station, Bolsa Chica Street
and Skylab West Maintenance, Replacement and Operation Reimbursement).
Submitted by the Public Works Director. Funding Source: Not applicable for the
agreement. Funds will be deposited annually into a separate fund to comply with terms
of the agreement.
Approved 7-0
E-3. (City Council) Approve Reimbursement Public Works Agreement Between the City of
Huntington Beach and Verizon, Inc. for Costs Incurred for the Fiber to the Premises
(FTTP) Project (600.10) — Approve and authorize the Mayor and City Clerk to execute the
Reimbursement - Public Works- Agreement Between the City of Huntington Beach and
Verizon, Inc. for Costs Incurred for Fiber to the Premises Project. Submitted by the Public
Works Director. Funding Source: No net cost to the City. An initial deposit amount of
$120,000 will be invoiced against and replenished at established intervals.
Approved 7-0
E-4. (Redevelopment Aaencv) Approve the Fifth Implementation Aareement of the
Disposition and Development Agreement (DDA) between the Redevelopment
Aaencv and CIM/Huntington LLC for Blocks 104/105 (The Strand) (Main -Pier
Redevelopment Sub -area) (600.30) — Approve the Fifth Implementation Agreement to
Disposition and Development Agreement by and Between Redevelopment Agency of
the City of Huntington Beach, Agency and CIM/Huntington LLC Developer and authorize
the Chairperson and Agency Clerk to execute. Submitted by the Deputy Executive
Director. Funding Source: Not Applicable. (See Agenda Item Nos. E-8 and E-12.)
Councilmember Boardman received clarification from Economic Development
Director Biggs re: the need for this implementation.
Approved 6-1 (Cook — No)
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CITY CLERK
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Connie Brockway
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIII!II!Illlilllllllllllllllllll!IIIIII II!II IIIIIIIIIIIIIIIIIIIIIIIIIIII NQFEE
200400069457102:06pm 07/30/04
117 92 Al2 16
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AGREEMENT
(Space Above for Recorder's Use)
(Sewage Pump Station No. 12, Bolsa Chica Station, Bolsa Chica Street and Skylab West
Maintenance, Replacement and Operation Reimbursement)
This Agreement is made and entered into as of the 19thday of July , 2004, by
and between McDonnell Douglas Corporation, a Maryland corporation ("Developer") and the
i CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and BURKE
HUNTINGTON BEACH, LLC, a California limited liability company ("Burke"), with reference
to the following:
RECITALS
A. Certain real property located in the City of Huntington Beach, County of Orange,
State of California as more particularly described in Exhibit "A" attached hereto, comprised of
Parcels 6, 7, 8, 9, 10, 11, and 12 of Parcel Map No. 2001-226 filed in Book 329, Pages 25 — 32
inclusive, of the Parcel Maps in the Official Records of Orange County, California (being herein
collectively referred to as the "Development") shall benefit from The Sewer Pump Station on
Bolsa Chica.
B. The Sewer Pump Station (Sewer Pump Station No. 12, Bolsa Chica Station) is
located within an easement, as more particularly described on Exhibit "B" attached, immediately
adjacent to the public right-of-way for-Bolsa Chica Street, and northerly of Skylab West, and is
being constructed to receive sewage flows from the Development, and in which a Property
Owners Association or other governing entity pursuant to recorded covenants, conditions and
restrictions (the "POA") has been or will be formed.
Citysewagel3abg - 1
C. On February 6, 2002, the Zoning Administrator of the City conditionally
approved with Conditions of Approval Tentative Parcel Map No. 01-122 (governing the
Development and certain other real property) with findings that provided, in Section 2, under
Findings For Approval and Section 3(d) of the Conditions of Approval thereof, with respect to
the maintenance, operations and replacement of any required sewer lift stations as follows:
2. The site is physically suitable for the type and density of
development permitted under Specific Plan No. 11. The proposed parcel map, as
conditioned, includes provisions for grading of future building sites, and phased
construction of roadways and supporting infrastructure as necessary to
accommodate future development in accordance with Specific Plan No. 11
development standards and land use regulations, including new streets, curbs,
gutters, sidewalks, street lighting, parkway landscaping, water lines, sewer lines
and storm drain Improvements. In addition, conditions of approval require a soils
analysis, an updated sewer study, establishment of a mechanism for the financing
of maintenance, operations and replacement of any required sewer lift stations and
force mains, a water quality management plan, hydrology and hydraulic studies, a
traffic study, and soil remediation plans -as necessary to ensure the suitability of
the project area for future development. The suitability of the site for the type and
density of development permitted is further supported by Environmental Impact
Report No. 96-1 and the January 2002 Addendum, and ensured by mitigation
measures contained therein.
3(d). The developer shall establish and initiate a financing mechanism
for the maintenance, operations and replacement of any sewer lift stations and
force mains required by the project.
D. Developer and City now desire to enter into this Agreement for the purpose of
satisfying the "sewer lift stations and force mains" Condition of Approval.
E. Developer intends to sell the legal parcels comprising the Development and to
have certain obligations of Developer under this Agreement be enforceable
against such transferee(s) as described herein.
Now, therefore, in consideration of the above Recitals, and other goods and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Establishment of Operations and Maintenance ("O & M") Fund. City shall
establish a designated separate account (the "O & M Account") in which the O & M Funds (as
that term is defined in Section 2 below) shall be: (i) held by City; and (ii) disbursed by City only
as provided in Section 2 below, or as reasonably necessary to accomplish the obligations herein
undertaken by City.
2. O & M Funds. All funds deposited into, held and disbursed from the O & M
Account (the "O & M Funds") shall be subject to the following:
Citysewage I 3abg -2-
a. Initial Deposit of O & M Funds. Within ninety (90) days after the
execution of this Agreement by Developer and City, Developer shall deliver to City for
immediate deposit into the Account the sum of Twenty -Two Thousand Two Hundred Forty -Five
Dollars ($22,245.00) (the "Initial Deposit").
b. Interest on O & M Funds. The O & M Account shall be interest bearing at
the same rate as is earned on City funds held for investment for periods of not less than ninety
(90) days. All interest earned on the O & M Funds shall be: (i) promptly reinvested in the O & M
Account; and (ii) deemed to be part of the O & M Funds for all purposes hereunder.
C. City Services/Use of O & M Funds. City (or its authorized agent) shall
provide (and City shall be and remain solely and completely obligated to provide at all time(s))
the following services with respect to the O & M Account and the operation and maintenance
(but not the replacement) of Sewer Pump Station No. 12 and associated force mains (the
"Permitted Services") and is entitled to make disbursements of O & M Funds from the O & M
Account in payment to cover all associated costs and fees of such Permitted Services (and
Developer and any permitted assignees under Section 6 hereof shall have absolutely no
obligation or liability to perform any Permitted Services at any time(s)):
(1) Maintenance and Operations. City shall access, operate and
maintain the sewer lift station and associated force mains in a manner and method consistent
with other similar City facilities (including, but not limited to, maintaining appropriate sources of
power, repair, periodic maintenance, upkeep, cleaning and water quality measures) on an "as
needed or programmed as deemed appropriate" by the City for proper operation basis;
(2) Inspections. City shall access, monitor and inspect the sewer lift
station and associated force mains on a reasonable basis consistent with the inspection cycles of
other similar city facilities and as deemed necessary by the City;
(3) Repair. City shall repair and replace all defective, worn,
inefficient, or life -cycled programmed parts, filters and other related appurtenances within or
without and reasonably associated with the lift station and associated force mains on an "as
needed or programmed as deemed appropriate" for proper operation basis; and
(4) City shall provide the administrative and reporting services more
particularly described in Section 2(d) below.
d. Administration: Annual Accounting. During the term of this Agreement,
City shall: (i) administer the O & M Account; and (ii) deliver to Developer (or its designees) on
or within thirty (30) days of the anniversary of the date of this Agreement each year a detailed
accounting of all disbursements from the O & M Account during such year, and an estimate of
such additional amounts as the City reasonably believes it will expend on the Permitted Services
during the next year (with reasonable supporting documentation regarding such estimate). Costs
reasonably incurred by City in performing such administrative duties and providing such reports
shall be subject to reimbursement to City from the O & M Account.
Citysewagelhbg - 3 -
e. Payments to the O & M Fund. Each year, within thirty (30) days after
receipt of the detailed accounting described in section 2(d) above, Developer (or its permitted
assignees under Section 6 hereof) shall submit to the City the amount reflected in said
accounting as disbursed by the City and as estimated for next year's Permitted Services, for
deposit by the City into the O & M Account to reimburse all actual, reasonable, out-of-pocket
costs expended by City for Permitted Services in the next year. In the event the City determines
from time to time that the amounts deposited in the O & M Account are not sufficient to pay for
all of the Permitted Services accruing during any respective year(s), then the City shall provide
written notice of the amount of shortfall to the Developer (or to the successor owner of the
Development or permitted assignee of Developer's obligations under section 6 of this
Agreement, and the Developer (or such successor owner(s) or permitted assignee(s)) shall
deposit such shortfall with the City within ninety (90) days after receipt of such written notice
from time to time.
f. Replacement Fund Amount; Replacement of Facilities. Upon execution
and recordation hereof, Developer shall pay to the City a lump sum payment of Five Hundred
Twenty -One Thousand Six Hundred Dollars ($521,600.00) ("Replacement Funds"), which
Replacement Funds the City will use solely for replacement of the sewer lift station facilities and
associated force mains and related equipment and facilities as hereafter provided, or as
reasonably necessary to accomplish the obligations herein undertaken by the City. Upon receipt
of the Replacement Funds, the City shall be and remain solely obligated (at the City's sole cost
and expense) to replace the sewer lift station and associated force mains (or any respective
portions thereof) as and when it is reasonably appropriate to do so (and regardless of the
reason(s), timing, or cost(s) of so doing). The Replacement Funds are being paid in full and
complete satisfaction of any obligation(s) otherwise owing by Developer or any successor(s) in
interest to the Development (or any portion thereof or interest therein) to pay for or to perform
replacement of the sewer lift station and associated force mains. Upon written request from time
to time from Developer or any permitted assigns under section 6 below, City shall provide
(promptly but in no event more than thirty (30) days after such request) a detailed accounting of
the Replacement Funds and any accruals thereon and/or expenditures therefrom.
3. No Duty to Maintain. Except as provided herein for payment and/or
reimbursement of the O & M Funds, payment of the Replacement Funds, construction of the
initial sewer lift station and associated force mains, and conveyance of an easement for the
facilities, Developer (and each of its successors, assigns and/or future owners of the
Development or any portion thereof or any interest therein) shall have no duty or obligation
whatsoever to maintain, operate, repair, or replace the sewer lift station and/or associated force
mains or related equipment or facilities, all of which obligations are hereby expressly assumed
by (and hereby agreed to be performed exclusively by) the City.
4. Indemnification by City. City hereby agrees to indemnify, protect, defend and
hold Developer (and each of its successors, assigns and/or future owners of the Development or
any portion thereof or any interest therein) harmless from any claim, loss, damage, liability, lien,
cost and/or expense (including attorneys' fees and court costs) arising out of or in any way
related to the performance or failure by City (or its authorized agent) to perform any Permitted
Services, performance or failure to perform the replacement (as and when reasonably
Citysewagel3abg - 4 -
appropriate) of the sewer lift station and/or associated force mains, or any use of the O & M
Funds or Replacement Funds except in accordance with the provisions of this Agreement.
5. Notices. All notices required to be given under this Agreement shall be in writing
and shall be transmitted either by personal hand delivery or through the facilities of the United
States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any
such notice shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after
dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to
the following addresses unless written notice of a change of address has been given pursuant
hereto:
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Director of Public Works
If to Developer: McDonnell Douglas Corporation
c/o Boeing Realty Corporation
15480 Laguna Canyon Rd., Ste. 200
Irvine, CA 92618-2114
Attn: Mario Stavale
If to Burke: Burke Huntington Beach, LLC
1805 E. Garry Avenue, Suite 100
Santa Ana, CA 92705
Attn: C.E. Patterson
6. Successors and Assigns; Covenants to Run with the Land; Joint and Several
Enforcement by City of Developer Obligations Against Parcel Owners; Agreements Regarding
Allocation amongParcel(s) arcel(s) Owners. This Agreement shall be binding upon, and shall inure to
the benefit of the parties hereto and their respective heirs, legal representatives, successors and
assigns. Developer (or any future owner(s) of any respective Parcel(s), as hereafter defined) shall
be entitled to assign this Agreement and all of its obligations hereunder (except for the obligation
to pay the Replacement Funds under paragraph 2(f) hereof, which shall be and remain the sole
liability of Developer), or any interest therein, (a) to the POA, if any, by written assignment
recorded in Official Records of Orange County California, or (b) to any successor owner(s) of
any respective Parcel(s) automatically upon acceptance by such successor owner(s) of a deed as
to such respective Parcel(s) recorded in the Official Records of Orange County; whereupon
Developer (or such respective future owner(s)) shall be automatically released from any further
obligations hereunder (to the extent such respective transferor(s) no longer owns any Parcel(s)
within the Development). By accepting a recorded deed as to any Parcel(s), such respective
Parcel owner(s) shall be deemed to have agreed to be jointly and severally liable to the City for
the performance of all obligations originally owing by Developer hereunder (except for the
obligation to pay the Replacement Funds under paragraph 2(f) hereof, which shall be and remain
Citysewage I 3abg - 5 -
the sole liability of Developer). Moreover, immediately upon recordation of this Agreement,
each and all obligations owing by Developer hereunder shall be and remain equitable servitudes
and covenants running with each and all legal parcel(s) within the Development (and every
present or future portion thereof and interest therein and/or future reconfiguration(s) thereof) (the
"Parcel(s)"), for the benefit of the City, the Parcel(s), and all of the other real property within the
Development other than the Parcel(s); and each and all such covenants and agreements shall also
be enforceable by and against each present and future holder(s) of any interest(s) in such
respective Parcel(s), and their respective successor(s) and assign(s)). The present and/or future
owners of Parcel(s) in the Development may agree from time to time among themselves
(including under any Covenants, Conditions and Restrictions now or hereafter recorded against
the Development or any portion thereof) as to allocation of the obligations owing by Developer
hereunder. among various Parcel(s) owners, but no such agreement(s) shall affect the rights of
City hereunder to enforce the Developer obligations under this Agreement hereunder jointly and
severally against each and all future owner(s) of any of the Parcel(s).
7. Counterparts and Facsimile Signature. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original, but which collectively shall
constitute but one and the same instrument. If this Agreement is so executed by one (1) or more
parties in counterpart, the pages bearing the signatures of such parties may be transmitted to the
other parties by way of facsimile, which transmission shall be deemed the same as delivery
hereunder of original signatures.
8. Governing Law and Venue. This Agreement shall be construed in accordance
with, and governed by the laws of the State of California, with venue in the County of Orange,
State of California:
9. Severability. In the event that any provision of this Agreement, or the application
thereof to any person or under any circumstance, is determined to be invalid or unlawful, or
unenforceable to any extent, then to such extent, such provision shall be deemed severed from
this Agreement. However, the application of such provision to any other persons or entities or
under any other circumstance other than those as to which it is determined to be invalid,
unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this
Agreement shall continue in full force and effect.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and there are no other oral or written agreements
between the parties concerning the subject matter of this Agreement.
11. Further Assurances. Each of the parties hereto hereby agrees to execute such
further documents or instruments as may be necessary or appropriate to carry out the intention of
this Agreement.
12. Exhibits. All exhibits to this Agreement are incorporated herein by this reference
as though fully set forth in the body hereof.
Citysewage I 3abg - (3 -
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13. Yearly Time Periods. Unless otherwise set forth herein, each "year" or "yearly"
period referred to herein shall be deemed to commence on the day and month upon which this
Agreement is dated.
14. . Consent of Current Owner of Parcels 6, 7, 8 and 11. Burke, as current owner and
vestee of Parcels 6, 7, 8 and 11 of the Development ("Burke Parcels"), hereby acknowledges and
agrees to the foregoing Agreement, and in particular (without limitation) that this Agreement
shall encumber and be enforceable against Burke and current and future owners of the Burke
Parcels, pursuant to Section 6 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
DEVELOPER: MCDONNELL DOUGLAS CORPORATION,
A Maryland corporation
By: -AA br
Name:
Title: Au horiz d Signatoly
By:
Name:
Title:
CITY: THE CITY OF HUNTINGTON BEACH,
a Municipal Corporation of the State of California
By:
ayo
ATTEST:
�S City Clerk
PROVED AS TO FORM:
Cit Attorney
Citysewagelhbg -7-
7AND APPROV
Director of Public Works
BURKE HUNTINGTON BEACH, LLC, a California
- _ limited liability company
CMK FAMILY PARTNERS, A LIMITED
PARTNERSHIP,. a California limited By: �.
partnership N dL,
Title:
General Par
IN1170S TT ..., a California
limited. partnership
- - - - By.
Name: l3 rt 1-r i=
Title:General Partner
Citysewagelhbg — 8 —
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of � �1
On �� before me, V t 1�1 t�-t/I IC
Date WAt
Officer (e.g., Jane Doe, Notary P blic")
personally appeared,
Name(s) of Signer(s)
MOMC.A VIICM
Eem Ccmmbebn N 1293765
No" Pubk - caurondo
orange county
qV1MVCW=. Expires Feb 10-
Place Notary Seal Above
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persordtdT whose name(a)6/are
subscribed to the with.'instrument and
acknowledged to me atshe/they executed
the same in &/her/their authorized
capacity(jwe -, and that by &her/their
signatures, on the instrument the person(s), or
the entity upon behalf of which the persorV(e)
acted, executed the nt.
WITexm and al seal.
�nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache Document
Title or Type of DocuWnt:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages:
❑ Individual
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me, v I D I It*
ate Name and Title of Officer (e.g., "Jane Doe, Notary Pu is")
personally appeared
Narri of Sioner(sl
MOMICA VISCIONI
e
MyCommltebn # 1293755
Notary+ hd t� . Calfornlo
Orange County
Comm. bpkm Feb 1 o. 2o0
Place Notary Seal Above
X personally known to me
C proved to me on the basis of satisfactory
evidence
to be the person(srwhose name{&re
subscribed to the within instrument and
acknowledged to me that&she/they executed
the same in a/her/their authorized
capacity(iaej; and that by &her/their
signature(eMn the instrument the person,(s'j, or
the entity upon behalf of which the persot(s')
acted, executed the instrument.
WITNEmy nd a/p fficial eal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attachef
Title or Type ofQocf u me
Document Date: �V' L-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
IVUfIIDgrI Ul rdyub.
RIGHT THUMBPRINT
OF SIGNER
.. of thumb here
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 . Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
•
r�
u
State of California
County of Orange
On April 22, 2004, before me, T.S. Wertner, Notary Public, personally
appeared Stephen J. Barker, 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.
t S. WERTNER
CommbWm #-1349842
Eo.*tary Pu--CoNfomlo
los Angeles County
. Expires Apr 6, 2006
WITNESS my hand and official seal
• 0
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
�//�� • /�lar�a�i c.
On , 200 b fore me 'C� , Notary
Public, personal appeared Q and
L Z fir- , pe sonally known to me (aip proven ta me an the bmis-4
to b the person(s) whose name(s) Is are ubscribed tdthe within
instrument and acknowledged to me that he/shexecuted the same in his/he their
authorized capacity/ies, and that by his/he thei ignature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
-;7/P/A"--11
KELLY LOUISE MANDIC
[SEAL] Commission # 1372899 Z
Notary Public - California z
Orange County
My Comm. Expires Sep 1, 2006
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE
On , 200_, before me, , Notary
Public, personally appeared and
, personally known to me (or proven to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
[SEAL]
Citysewagel3abg - 9 -
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEVELOPMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCELS 6, 7, 8, 9, 10, 11 AND. 12 OF PARCEL MAP NO. 2001-226, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 329, PAGE(S) 25 TO 32 INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Citysewage I 3abg
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LEGAL DESCRIPTION OF THE EASEMENT AREA
(SEE ATTACHED)
Citysewagel3abg EXHIBIT "B"
.Adams Streeter- Civil Engineers; Inc-_ •
15-_Corporate Park :.
Irvine;-Caiifomia 92606
-March 18, 2004
JN 00-1340/JFR
Sheet 1 of 2 .
EXHIBIT_"B"
Easementieaal Description
THAT-- PORTION -OF PARCEL- 6; IN THEN CITY OF HUNTINGTON BEACH; -COUNTY OF ORANGE,
STATE -OF CALIFORNIA -AS PEWMAP FILEaIN-BOOK 1, PAGES 3 THROUGH 5 OF PARCEL MAPS,
IN THE-OFFICEOF THE.COUNTY�RECORDEROF=SAID COUNTY: -DESCRIBED AS FOLLOWS:
BEGINNING- AT THE INTERSECTION OF THE CENTEfiLINE` OV RANCHO ROAD --WITH THE
CENTERLINE OF BOLSA:CHICA--ROADAS`SHOWN ON PARCEL MAP NO. 2001-226, IN SAID CITY,.
FILED:-IN.BOOK329, PAGES 25-THROUGH'32 OF PARCEL:MAPS;IN .THE OFFICE OF THE COUNTY
RECORDER --OF SAID COUNTY, THENCE -ALONG THE CENTERLINE OF-BOLSA CHICA ROAD SOUTH
00"37'18'_'WEST.502.80.FEET-THENCE SOUTH 89722'42" EAST 80.00:FEET TO THE WEST LINE OF..
SAID PARCEL-6 AND. -THE TRUE -POINT OF BEGINNING; THENCE CONTINUING SOUTH 89022'42'
EAST 31.00- FEET TO A LINE PARALLEL WITH- AND 31:00 FEET EAST; MEASURED AT RIGHT.
ANGLES, FROM SAID =WEST LINE;-THENCE-ALONG:SAID_PARALLEL LINE SOUTH 00-37'18' WEST.
88.00 FEET; THENCE NORTH-89_02Z42"'WEST- 31.00. FEET` TO- SAID WEST::LINE; .THENCE ALONG .
SAID -WEST LINE NORTH :00°37' 1.8 : EAST: 8800 FEET TO THE -TRUE .POINT OF:BEGINNING.
- CONTAINING A-COMPUTED=ARENOF 2728"SOUARE:FEET; MORE OR LESS
SUBJECT TO:COVENANTS; CONDITIONS, -:RESERVATIONS, RESTRICTIONS,: RIGHTS -OF WAY AND
EASEMENTS -OF RECORD; :IF ANY, AND -IS.-MORE PARTICULARLY --SHOWN ON EXHIBIT "B" SHEET
2 OF 2-ATTACHED'HERETO AND BY THIS:REFERENCE MADE PART HEREOF.
PREPARED UNDER THE:SUPERVISION OF;
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Council/Agency Meeting Held: 7 1 ADDT
Deferred/Continued to:
Approved ❑Conditionally Approved ❑Denied
Cit erk' Signat
Council Meeting Date: July 19, 2004
Departme utl Number: PW 04-038
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COcU�N.CI MBERS
SUBMITTED BY: PENELOPE CU RET�FT, City inis ator
� PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Works
SUBJECT: Approve Boeing Sewage Pump Station No. 12 Maintenance
Agreement
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: McDonnell Douglas Corporation, and Burke Huntington Beach, LLC,
being the owners of record for Parcel Map No. 2001-226, portions of Tentative Parcel Map
01-122, desire to enter into an Agreement with the City of Huntington Beach to provide for
the maintenance, operation, and replacement of Sewage Pump Station No. 12 to satisfy the
Conditions of Approval for the subdivision.
Funding Source: Not applicable for the agreement. Funds will be deposited annually into a
separate fund to comply with terms of the agreement.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the Sewage Pump Station No.
12, Bolsa Chica Station, Bolsa Chica Street and Skylab West Maintenance, Replacement
and Operation Reimbursement Agreement;
Alternative Action(s): Deny the recommended action. Should this action be denied,
grading permits for development of the subdivision will not be available until such time as the
Conditions of Approval are revised.
r
• REQUEST FOR ACTION • .
MEETING DATE: July 19, 2004 DEPARTMENT ID NUMBER: PW 04-038
Analysis: On February 6, 2002, the Zoning Administrator conditionally approved Tentative
Parcel Map No. 01-122 and the Minor Amendment to McDonnell Centre Business Park
Specific Plan No. 11 for the development of 91.5 acres of land. The Conditions of Approval
require the subdivider to design and construct the sanitary sewer system to serve the
development including offsite improvements necessary to accommodate any increased flow
associated with the subdivision. Sewage Pump Station No. 12 ("Bolsa Chica Station"),
located at 14700 Bolsa Chica Road, is currently under construction to satisfy this obligation.
Once constructed, the Bolsa Chica Station will be owned, operated, and maintained by the
City as a public facility. The facility will be located within a dedicated and recorded easement
on a portion of land currently owned by the McDonnell Douglas Corporation. The legal
description and.plat describing this easement are included as exhibits and shall be recorded
as a part of the attached Agreement.
The Conditions of Approval require the developer to establish and initiate a financing
mechanism for the maintenance, operation, and replacement of any sewer lift stations and
force mains required by the project. The attached Agreement stipulates that McDonnell
Douglas Corporation shall deposit with the City a one-time, lump sum payment ($521,600)
for the future replacement of the sewer lift station facilities, associated force mains, and
related equipment. Additionally, McDonnell Douglas Corporation, and its successors or
assigns as provided in the Agreement, shall make annual deposits in an amount determined
by and reviewed annually by the City to fund the City's projected costs associated with the
operations and maintenance of the Bolsa Chica Station and appurtenant facilities.
Parcel Map No. 2001-226, being a portion of Tentative Parcel Map 01-122 and located within
the McDonnell Centre Business Park Specific Plan area, was reviewed for compliance with
applicable Conditions of Approval and Specific Plan requirements, approved by the City, and
recorded with the County on December 17, 2002. The Bolsa Chica Station and associated
force mains are designed to serve Parcels 6, 7, 8, 9, 10,'11, and 12 of Parcel Map No. 2001-
226.
Public Works Commission Action: Not required.
Environmental Status: Addendum to Environmental Impact Report (AE1R) No. 96-1 was
approved by the Zoning Administrator on February 6, 2002.
Attachment(s):
RCA Author: J.Claudio:jg
GAR C A\2004\04-038 July 19 Claudio (Boeing Sewer Maintenance Agreement).doc -2-
6/30/2004 2:54 PM
•
ATTACHMENT #1
•
RECORDING REQUESTED BY:
AND WHEN RECORDED MAEL TO:
CITY CLERK
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Connie Brockway
AGREEMENT
(Space Above for Recorder's Use)
(Sewage Pump Station No. 12, Bolsa Chica Station, Bolsa Chica Street and Skylab West
Maintenance, Replacement and Operation Reimbursement)
This Agreement is made and entered into as of the 19th day of July. , 2004, by
and between McDonnell Douglas Corporation, a Maryland corporation ("Developer") and the
CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and BURKE
HUNTINGTON BEACH, LLC, a California limited liability company ("Burke"), with reference
to the following:
RECITALS
A. Certain real property located in the City of Huntington Beach, County of Orange,
State of California as more particularly described in Exhibit "A" attached hereto, comprised of
Parcels 6, 7, 8, 9, 10, 11, and 12 of Parcel Map No. 2001-226 filed in Book 329, Pages 25 — 32
inclusive, of the Parcel Maps in the Official Records of Orange County, California (being herein
collectively referred to as the ``Development") shall benefit from The Sewer Pump Station on
Bolsa Chica.
B. The Sewer Pump Station (Sewer Pump Station No. 12, Bolsa Chica Station) is
located within an easement, as more particularly described on Exhibit "B" attached, immediately
adjacent to the public right-of-way for Bolsa Chica Street, and northerly of Skylab West, and is
being constructed to receive sewage flows from the Development, and in which a Property
Owners Association or other governing entity pursuant to recorded covenants, conditions and
restrictions (the "POA") has been or will be formed.
Citysewagel3abg - I -
C. On February 6, 2002, the Zoning Administrator of the City conditionally
approved with Conditions of Approval Tentative Parcel Map No. 01-122 (governing the
Development and certain other real property) with findings that provided, in Section 2, under
Findings For Approval and Section 3(d) of the Conditions of Approval thereof, with respect to
the maintenance, operations and replacement of any required sewer lift stations as follows:
2. The site is physically suitable for the type and density of
development permitted under Specific Plan No. 11. The proposed parcel map, as
conditioned, includes provisions for grading of future building sites, and phased
construction of roadways and supporting infrastructure as necessary to
accommodate future development in accordance with Specific Plan No. 11
development standards and land use regulations, including new streets, curbs,
gutters, sidewalks, street lighting, parkway landscaping, water lines, sewer lines
and storm drain Improvements. In addition, conditions of approval require a soils
analysis, an updated sewer study, establishment of a mechanism for the financing
of maintenance, operations and replacement of any required sewer lift stations and
force mains, a water quality management plan, hydrology and hydraulic studies, a
traffic study, and soil remediation plans as necessary to ensure the suitability of
the project area for future development. The suitability of the site for the type and
density of development permitted is further supported by Environmental Impact
Report No. 96-1 and the January 2002 Addendum, and ensured by mitigation
measures contained therein.
3(d): The developer shall establish and initiate a financing mechanism
for the maintenance, operations and replacement of any sewer lift stations and
force mains required by the project.
D. Developer and City now desire to enter into this Agreement for the purpose of
satisfying the "sewer lift stations and force mains" Condition of Approval.
E. Developer intends to sell the legal parcels comprising the Development and to
have certain obligations of Developer under this Agreement be enforceable
against such transferee(s) as described herein.
Now, therefore, in consideration of the above Recitals, and other goods and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Establishment of Operations and Maintenance ("O & M") Fund. City shall
establish a designated separate account (the "O & M Account") in which the O & M Funds (as
that term is defined in Section 2 below) shall be: (i) held by City; and (ii) disbursed by City only
as provided in Section 2 below, or as reasonably necessary to accomplish the obligations herein
undertaken by City.
2. O & M Funds. All funds deposited into, held and disbursed from the O & M
Account (the "O & M Funds") shall be subject to the following:
Citysewage I 3abg -2-
a. Initial Deposit of O & M Funds. Within ninety (90) days after the
execution of this Agreement by Developer and City, Developer shall deliver to City for
immediate deposit into the Account the sum of Twenty -Two Thousand Two, Hundred Forty -Five
Dollars ($22,245.00) (the "Initial Deposit").
b. Interest on O & M Funds. The O & M Account shall be interest bearing.at
the same rate as is earned on City funds held for investment for periods of not less than ninety
(90) days. All interest earned on the O & M Funds shall be: (i) promptly reinvested in the O & M
Account; and (ii) deemed to be part of the O & M Funds for all purposes hereunder.
C. City Services/Use of O & M Funds. City (or its authorized agent) shall
provide (and City shall be and remain solely and completely obligated to provide at all time(s))
the following services with respect to the O & M Account and the operation and maintenance
(but not the replacement) of Sewer Pump Station No. 12 and associated force mains (the
"Permitted Services") and is entitled to make disbursements of O & M Funds from the O & M
Account in payment to cover all associated costs and fees of such Permitted Services (and
Developer and any permitted assignees under Section 6 hereof shall have absolutely no
obligation or liability to perform any Permitted Services at any time(s)):
(1) Maintenance and Operations. City shall access, operate and
maintain the sewer lift station and associated force mains in a manner and method consistent
with other similar City facilities (including, but not limited to, maintaining appropriate sources of
power, repair, periodic maintenance, upkeep, cleaning and water quality measures) on an "as
needed or programmed as deemed appropriate" by the City for proper operation.basis;
(2) Inspections. City shall access, monitor and inspect the sewer lift
station and associated force mains on a reasonable basis consistent with the inspection cycles of
other similar city facilities and as deemed necessary by the City;
(3) Repair. City shall repair and replace all defective, worn,
inefficient, or life -cycled programmed parts, filters and other related appurtenances within or
without and reasonably associated with the lift station and associated force mains on an "as
needed or programmed as deemed appropriate" for proper operation basis; and
(4) City shall provide the administrative and reporting services more
particularly described in Section 2(d) below.
d. Administration: Annual Accounting. During the term of this Agreement,
City shall: (i) administer the O & M Account; and (ii) deliver to Developer (or its designees) on
or within thirty (30) days of the anniversary of the date of this Agreement each year a detailed
accounting of all disbursements from the O & M Account during such year, and an estimate of
such additional amounts as the City reasonably believes it will expend on the Permitted Services
during the next year (with reasonable supporting documentation regarding such estimate). Costs
reasonably incurred by City in performing such administrative duties and providing such reports
shall be subject to reimbursement to City from the O & M Account.
Citysewagel3abg - 3 -
e. Payments to the O & M Fund. Each year, within thirty (30) days after
receipt of the detailed accounting described in section 2(d) above, Developer (or its permitted
assignees under Section 6 hereof) shall submit to the City the amount reflected in said
accounting as disbursed by the City and as estimated for next year's Permitted Services, for
deposit by the City into the O & M Account to reimburse all actual, reasonable, out-of-pocket
costs expended by City for Permitted Services in the next year. In the event the.City determines
from time to time that the amounts deposited in the O & M Account are not sufficient to pay for
all of the Permitted Services accruing during any respective year(s), then the City shall provide
written notice of the amount of shortfall to the Developer (or to the successor owner of the
Development or permitted assignee of Developer's obligations under section 6 of this
Agreement, and the Developer (or such successor owner(s) or permitted assignee(s)) shall
deposit such shortfall with the City within ninety (90) days after receipt of such written notice
from time to time.
f. Replacement Fund Amount, Replacement of Facilities. Upon execution
and recordation hereof, Developer shall pay to the City a lump sum payment of Five Hundred
Twenty -One Thousand Six Hundred Dollars ($521,600.00) ("Replacement Funds"), which
Replacement Funds the City will use solely for replacement of the sewer lift station facilities and
associated force mains and related equipment and facilities as hereafter provided, or as
reasonably necessary to accomplish the obligations herein undertaken by the City. Upon receipt
of the Replacement Funds, the City shall be and remain solely obligated (at the City's sole cost
and expense) to replace the sewer lift station and associated force mains (or any respective
portions thereof) as and. When it is reasonably appropriate to. do so. (and. regardless of the
reason(s), timing, or cost(s). of so doing). The Replacement Funds are being paid in. full and
complete satisfaction of any obligation(s) otherwise owing by Developer or any successor(s) in
interest to the Development (or any portion thereof or interest therein) to pay for or to perform
replacement of the sewer lift station and associated force mains. Upon written request from time
to time from Developer or any permitted assigns under section 6 below, City shall provide
(promptly but in no event more than thirty (30) days after such request) a detailed accounting of
the Replacement Funds and any accruals thereon and/or expenditures therefrom.
3. No Duty to Maintain. Except as provided herein for payment and/or
reimbursement of the O & M Funds, payment of the Replacement Funds, construction of the
initial sewer lift station and associated force mains, and conveyance of an easement forthe
facilities, Developer (and each of its successors, assigns and/or future owners of the
Development or any portion thereof or any interest therein) shall have no. duty or obligation
whatsoever to maintain, operate, repair, or replace the sewer lift station and/or associated force
mains or related equipment or facilities, all of which obligations are hereby expressly assumed
by (and hereby agreed to be performed exclusively by) the City.
4. Indemnification by City. City hereby agrees to indemnify, protect, defend and
hold Developer (and each of its successors, assigns and/or future owners of the Development or
any portion thereof or any interest therein) harmless from any claim, loss, damage, liability, lien,
cost and/or expense (including attorneys' fees and court costs) arising out of or in any way
related to the performance or failure by City (or its authorized agent) to perform any Permitted
Services, performance or failure to perform the replacement (as and when reasonably
Citysewagel)abg - 4 -
appropriate) of the sewer lift station and/or associated force mains, or any use of the O & M
Funds or Replacement Funds except in accordance with the provisions of this Agreement.
5. Notices. All notices required to be given under this Agreement shall be in writing
and shall be transmitted either by personal hand delivery or through the. facilities of the United
States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any
such notice shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after
dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to
the following addresses unless written notice of a change of address has been given pursuant
hereto:
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Director of Public Works
If to Developer: McDonnell Douglas Corporation
- c/o Boeing Realty Corporation
15480 Laguna Canyon Rd., Ste. 200
Irvine, CA 92618-2114
Attn: Mario Stavale
If to Burke: Burke Huntington Beach LL
1805 E. Garry Avenue, Suite.100
Santa Ana, CA 92705
Attn: C.E. Patterson
6. Successors and Assimis: Covenants to Run with the Land; Joint and Several
Enforcement by City of Developer Obligations Against Parcel Owners: Agreements Regarding
_Allocation among Parcel(s) Owners. This Agreement shall be binding upon, and shall inure to
the benefit of the parties hereto and their respective heirs, legal representatives, successors and
assigns. Developer (or any future owner(s) of any respective Parcel(s), as hereafter defined) shall
be entitled to assign this Agreement and all of its obligations hereunder (except for the -obligation
to pay the Replacement Funds under paragraph 2(o hereof, which shall be and remain the sole
liability of Developer), or any interest therein, (a) to the POA, if any, by written assignment
recorded in Official Records of Orange County California, or (b) to any successor owner(s) of
any respective Parcel(s) automatically upon acceptance by such successor owner(s) of a deed as
to such respective Parcel(s) recorded in the Official Records of Orange County; whereupon
Developer (or such respective future owner(s)) shall be automatically released from any further
obligations hereunder (to the extent such respective transferor(s) no longer owns any Parcel(s)
within the Development). By accepting a recorded deed as to any Parcel(s), such respective
Parcel owner(s) shall be deemed to have agreed to be jointly and severally liable to the City for
the performance of all obligations originally owing by Developer hereunder (except for the
obligation to pay the Replacement Funds under paragraph 2(o hereof, which shall be and remain
Citysewage I 3abg - 5
• 0
the sole liability of Developer). Moreover, immediately upon recordation of this Agreement,
each and all obligations owing by Developer hereunder shall be and remain equitable servitudes
and covenants running with each and all legal parcel(s) within the Development (and every
present or future portion thereof and interest therein and/or future reconfiguration(s) thereof) (the
"Parcel(s)"), for the benefit of the. City, the Parcel(s), and all of the other real property within the
Development other than the Parcels) and each and all such covenants and agreements shall also
be enforceable by and against each present and future holder(s) of any interest(s) in such
respective Parcel(s), and their respective successor(s) and assign(s)). The present and/or future
owners of Parcel(s) in the Development may agree from time to time among themselves
(including under any Covenants, Conditions and Restrictions now or hereafter recorded against
the Development or any portion thereof) as to allocation of the obligations owing by Developer
hereunder among various Parcel(s) owners, but no such agreement(s) shall affect the rights of
City hereunder to enforce the Developer obligations under this Agreement hereunder jointly and
severally against each and all future owner(s) of any of the Parcel(s).
7. Counterparts and Facsimile Signature. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original, but which collectively shall
constitute but one and the same instrument. If this Agreement is so executed by one (1) or more
parties in counterpart, the pages bearing the signatures of such parties may be transmitted to the
other parties by way of facsimile, which transmission shall be deemed the same as delivery
hereunder of original signatures.
8. Governing Law and Venue. This Agreement shall be construed.in accordance
with, and governed by the laws of the State of California, with venue in the County of Orange,
State of California.
9. Severability. In the event that any provision of this Agreement, or the application
thereof to any person or under any circumstance, is determined to be invalid or unlawful, or
unenforceable to any extent, then to such extent, such provision shall be deemed severed from
this Agreement. However, the application of such provision to any other persons or entities or
under any other circumstance other than those as to which it is determined to be invalid,
unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this
Agreement shall continue in full force and effect.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and there are no other oral or written agreements
between the parties concerning the subject matter of this Agreement.
11. Further Assurances. Each of the parties hereto hereby agrees to execute such
further documents or instruments as may be necessary or appropriate to carry out the intention of
this Agreement.
12. Exhibits. All exhibits to this Agreement are incorporated herein by this reference
as though fully set forth in the body hereof.
Citysewagel3abg - 6 -
13. Yearly Time Periods. Unless otherwise set forth herein, each "year" or "yearly"
period referred to herein shall be deemed to commence on the day and month upon which this
Agreement is dated.
14. Consent of Current Owner of Parcels_ 6. 7, 8 and 11. Burke, as .current owner and
vestee of Parcels 6,.7, 8_ and 1.1 of the.Development (`Burke Parcels'), hereby acknowledges and
agrees to the foregoing Agreement, and in particular (without limitation) that this Agreement
shall encumber and be enforceable against Burke and current and future owners of the Burke
Parcels, pursuant to Section 6 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
DEVELOPER: MCDONNELL DOUGLAS CORPORATION,
A Maryland corporation
By:
Name:
Title: Au horiz d Signatori
By:
Name:
Title:
CITY: THE CITY OF HUNTINGTON BEACH,
a Municipal Corporation of the State of California
By:
ayo
ATTEST: 1
�-S City Clerk
PROVED AS TO FORM:
Cit Attorney j9
Citysewage I 3abg - 7 -
•
E
REVIEWE AND APP
AND APPRO
Director of Public Works
( BURKE HUNTINGTON BEACH, LLC, a California
_ limited liability company
MY, FAMILY PARTNERS, A LIMITED
PARTNEERSHIP, a California limited By:
partnership N
Title: General Partner
., a California
limited. nartnership
- --_- - BY:
Name:
Title: H*tit*-dLrK General Partner
T
9
Citysewagel3abg - 8 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 1-CI
1104
Date
personally appeared
MON KA' I CION
Ca adidon * IM765
CountyOmnge
(My Corms. EXPlres t-eb 10.
Place Notary Seal Above
$Personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persoW whose name,(a)6/are
subscribed to the wit ' instrument and
acknowledged to me at tshe/they executed
the same in ( t' /her/their authorized
capacity(jsa); and that by &her/their
signatureL)-on the instrument the persorlfs), or
the entity upon behalf of which the person(e)
acted, executed the ' nt.
WITN m and n ff' ial seal.
nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache Docume,�n�t�J M� I'r ��j�� � ( -
Title or Type of Docunrt: I�JC11 I tlu it -.I r L' Q��V� 5&CP_- tWil71
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:.
I] Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
El Guardian or Conservator
❑ Other:
Signer Is Representing:
..,,.v..11� - I -- -
Number of Pages:
Top of thumb here
01997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of .
On , before me, v I 0 1 Pu ic"1�
ate Au/0
Name and Title of Officer (e.g., " ane Doe, Notary )personally appeared �� • - _ I 1 ,
IvaMONICA VISC101#
COITU1 MIM # 1293755
Nolay Rdit - CoEfomlo
MyCDM- E Feb 10, 2004
Place Notary Seal Above
(personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(sr-whose nameK&re
subscribed to the within instrument and
acknowledged to me that&she/they executed
the same in di /her/their authorized
capacity(iaej; and that by her/their
signature(e 6n the instrument the persoRfsj, or
the entity upon behalf of which the persopW
acted, executed the instrument.
WITNEAmy �aoicial eal..
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description o'
Title or Type of [
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Tall -Free 1-800.876-6827
•
•
State of California
County of Orange
On April 22, 2004, before me, T.S. Wertner, Notary Public, personally
appeared Stephen J. Barker, 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.
T S. 1NERTNER WITNESS my hand and official seal
ComrrWm f 1349842
Notary Pubsc - Comfomio '
toAngeles County
MY - 2Zes Apr 6, 2006 r �.
0 •
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
F �!/N?o
On ' 200 b fore me /' tary
Public, personal appeared Q and
L J/t� g , pe sonally known to me
Ratio Tiee) to b t�son(s) whose name(s) Is are" ubscribed to the within
instrument and acknowledged to me that he/sh a xecuted the same in his/helep
authorized capacity/ies, and that by his/he their ignature(s) on the instrument the person(s), or
the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
KELLY LOUISE MANDIC
[SEAL] Commission # 1372899
w Notary Public - California
Orange County
My Comm. Expires Sep 1, 2006
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE )
On , 200_, before me, , Notary
Public, personally appeared and
personally known to me (or proven to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity/ies, and that by his/her/their signature(s) on the instrument the per§on(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
[SEAL]
Citysewage I 3abg - 9 -
EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEVELOPMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN.. THE. STATE OF CALIFORNIA,
COUNTY OF ORANGE, -AND. IS DESCRIBED AS FOLLOWS:
PARCELS 6, 7, 8, 9, 10, 11 AND 12 OF PARCEL MAP NO. 2001-226, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 329, PAGE(S) 25 TO 32 INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Citysewagel3abg
Citysewage I 3abg EXHIBIT "B"
0 •
Adams • Streeter Civil Engineers, Inc..
IS Corporate Park
:Irvine;.Cafifornia 92606.
Mardi 18, 2004
JN D0-1340/JFR
Sheet 1 of 2
THAT PORTION OF PARCEL 6; IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER :MAP FILED IN: BOOK 1; PAGES 3 THROUGH OF PARCEL MAPS,
IN THE OFFICE OF THE. COUNTY RECORDEROF-SAID COUNTY DESCRIBED -AS FOLLOWS:
BEGINNING- AT THE INTERSECTION OF THE CENTERLINE OF' RANCHO ROAD WITH THE
CENTERLINE'OF BOLSA-CHICAkROAD AS SHOWN ON PARCEL MAP NO.2001-226, IN SAID CITY,.
FILED WWOK 329, PAGES 25-THROUGH 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF BOLSA CHICA ROAD SOUTH
00°37`t8' WEST. 502.80. FEET; .THENCE SOUTH :89°2242' EAST :80.00 FEET TO THE WEST LINE OF
SAID PARCEL 6 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89022'424-
EAST 31.00- FEET TO A LINE. PARALLEL WITH- AND 31.00 FEET EAST, MEASURED AT RIGHT
ANGLES, FROM SAID -WEST LINE; THENCE ALONG SAID: PARALLEL. LINE SOUTH 000371180 WEST .
88:00 FEET;_ THENCE NORTH 89"22`42" WEST 31.00. FEET TO -SAID WEST:. LINE; -THENCE ALONG
SAID.WEST LINE NORTH 0003718'. EAST 88.00 FEET TO THE TRUE POINT OF:BEGINNING.
CONTAINING WCOMPUTED AREA'OF 2728 SQUARE FEET, MORE OR LESS:
SUBJECT TO. COVENANTS; CONDITIONS, -RESERVATIONS, RESTRICTIONS,: RIGHTS :OF WAY AND
EASEMENTS -OF RECORD, :IF ANY, AND IS MORE-PAfITICULARLY SHOWN ON EXHIBIT •"B" .SHEET
2 OF 2-ATTACHED HERETO AND BY THIS -REFERENCE MADE A -PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
RANDAL L. S REEFE .. . 25083 .
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RCA ROUTING SHEET
INITIATING. DEPARTMENT: Public Works
SUBJECT: Approve Boeing Sewage Pump Station No. 12 Maintenance
Agreement
COUNCIL MEETING DATE: July 19, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff. Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR ARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator (initial)
( )
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: J.Claudio