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Acceptance of Easement Deed - Center Ave/One Pacific Plaza - (2)
E - 'r • R`EIG REQUESTED BY of Orange California Recorded in the CountyClerK/Recorder CITY�OF HUNTINGTON BEACH Gary L. Granville, No Fee And when recorded mail to: 1111111111111111111111111111111IIII11111111111111111I111111111 83 ;i 9pm 02i si96 City Clerk . III 199600�53 City of Huntington Beach 005 200159 24 26 JEST!P.O. BOX 190 E01 5 7.00 12..00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 _ - - Space above this line for Recorder's use AP No. 142-342-12 (a portion) EASEMENT DEED I.HEREBY DECLARE THE DOCUMENT TRANSFER TAX IS S (560) THE TAX IS: P RIZED ON F LL VALUE OF PROPERTY CONVEYED OR, , 4 CO F V _ FSS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE.. w Alva ij Hu 4000ealifornia corporation By: , Donald M. Kurdziel, Vice President I A OF DECLARANT OR AGENT - FIRM NAME • ' FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,• non-e clusive do(es) hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetualleasement and right way for *see below purposes in, on, over, under and across all that real proper ' in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, described as follows: *installation, operation, maintenance and modification of a traffic signal. The Legal Description "Exhibit "A" and plat map "Exhibit "B" attached hereto and made a part hereof. State of Neu) York, } CAPACITY CLAIMED BY SIGNER County of (1 ,-.5kine steX ❑ INDIVIDUAL ® CORPORATE On- 9 before me, JO Yl C\\De-1\ t OFFICER(S) DA. NAME.TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC TITLE(S) 0 PARTNER(S) 17 LIMITED personally appeared aonct ld M. Kurd zi e 1 , 0 GENERAL NAME(S)OF SIGNER(S) • ❑ ATTORNEY-IN-FACT personally known to T R-0 proved to me on the basis of satisfactory evidence ❑ TRUSTEE(S) AIMIED AS r iRti � to be the person(s) whose name(s) is/are GAI L HUTTCN subscribed to the within instrument and ❑•GUARDIAN/CONSERVATOR C I"", A i`� Y ''1i�E acknowledged to me that he/she/they 0 OTHER: r J executed the same in his/her/their By , D 'tl r Ci Attorne�►,� authorized capacity(ies), and that by MEWhis/her/their signature(s) on the instrument Public,State of New York the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: No.Qt CIt�QZ8063NAME OF PERSON(S)OR ENTITY(IES) Child Notifiedin Westchester Connie which the person(s) acted, executed the Alvamij Huntington Commission Expires May 23, 1 instrument. Beach, Inc. 1h.nt:te hand and official seal. RIDER TO EASEMENT DEED FROM ALVAMIJ HUNTINGTON BEACH, INC. ("Grantor") TO CITY OF HUNTINGTON BEACH ("Grantee") Grantee shall own title to the traffic signal and agrees that it shall be obligated, at its sole expense, to operate, maintain and repair the traffic signal. All such maintenance and repair work shall be performed in good and workmanlike manner and in such fashion as to minimize any interference with the use, enjoyment and occupancy of Grantor' s Premises (as hereinafter defined) . Grantee shall pay, when due, all costs and expenses incurred in connection with the maintenance, repair and replacement of the traffic signal so as to prevent any lien or other encumbrance from being filed or recorded against Grantor's Premises. Upon completion of any work performed by or on behalf of the Grantee, Grantee shall, at its sole cost and expense, remove all debris from the easement area and restore the easement area to the condition that existed immediately prior to the commencement of such work. Grantor shall have the right to use and occupy the easement area for any purpose whatsoever; provided, that any use or occupancy by Grantor of the easement area does not materially interfere with the rights granted to the Grantee in this Easement Deed. Grantee shall indemnify and hold Grantor harmless from and against any losses, damages, injuries, suits, judgments, claims, liabilities and/or expenses (including, without limitation, reasonable legal fees and disbursements) relating to or arising out of the traffic signal, the use of the easement area by Grantee, the failure of Grantee to comply with its obligations herein, or the negligent conduct of the Grantee or its agents, contractors or employees in or about the easement area. At such time as the traffic signal shall be removed and not replaced, this easement shall automatically terminate. In the event of such termination, the Grantee shall promptly, upon request by Grantor, execute and deliver to Grantor an instrument in recordable form confirming the termination of this Easement Deed. For purposes of this Rider, "Grantor' s Premises" shall mean the real property designated as Parcel 1 of Parcel Map No. 79-585 in the city of Huntington Beach, County of Orange, State of California as shown on a Map recorded in Book 144 , Pages 31-33 , inclusive of Parcel Maps in the Office of the County Recorder of said County and the improvements located thereon. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. GRANTOR: ALT. J �..P i 2 L / e C. on- l: "urdzie , :ice President GRANTEE: CITY OF HUNTINGTO BEACH By: ame ,'c: �• d �s�^� 48882.1 Title: Girt TF -7=7C '`1&•1"terA2 i r EASEMENT FOR TRAFFIC SIGNALS & MAINTENANCE THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 79-585 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 144, PAGES 31 THROUGH 33 , INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE SOUTHERLY 10. 00 FEET OF THE WESTERLY 30. 00 FEET. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. PREPARED UNDER MY SUPERVISION: /' a /9///i/5-/ JON E. SOLLIE, P.L.S. DATE / ICENSE ;5749, EXPIRES 12/31/91 `� t.AtJ D Sli JES/KD �SV .,c. SO/ �. JOB T4298-LD1 ` �� 10/10/91 ^' * Exy ,;16.`,1 v' #574.) 9l �� CF C m.1‘ • .EXHIBIT "Bil ' • am Illiimmi----- I N Io � I / / • • 1 // i • 11111000.-NB9°32'03"E 30.00' \ \ \ I \ I PARCEL J \i I I PARCEL MAP NO.. ,/ 0 CEA/TER • 7' 'JJ •' // DR/4E j • �J�IJ J—'fir—'�/:�J — / 3 3 I / . i • // l / / / / . • ' I / I // / I I I / 1 / . TITLE: TRAFFIC 516NAZ5 AND MAINTENANCE EASEMENT Ei ?keg ,pa taa4, bbte. 1 I 31/ON[OIIIILAVINUL COIIAULOA,CA •H.0 I CIVILINOINI!AINO • UNOMANNINO • 4NO WIIVO�INO DATE OF PREPARATION: /0-/0•.9/ 4298 no CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated • August 22, 1995 from Donald M. Kurdziel, Vice President, to the CITY OF HUNTINGTON BEACH, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, • and the grantee consents to the recordation thereof by its duly authorized officer. Dated: February 8, 1996 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK BY: ,V77C./Azt-b e-i Deputy City Clerk 1 g:\followup\deedeert Council/Agency Meeting Held: S 7� Deferred/Continued to: )2-e-L4S / X/// Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: February 5, 1996 Department ID Number: ED 96-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate G� PREPARED BY: DAVID C. BIGGS, Economic Development ' SUBJECT: ACCEPTANCE OF EASEMENT DEED - CENTER AVENUE TRAFFIC SIGNAL Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) nri Statement of Issue: An Easement Deed regarding the captioned matter has been executed by the parties. It is now necessary for the City Council to accept this deed so it may be recorded. Funding Source: Huntington Center Capital Project Account (no expenditure as a result of this action.) Recommended Action: Motion to: Accept the attached Easement Deed for the Center Avenue Traffic Signal, and direct the City Clerk to prepare the appropriate deed certification and direct recordation of the deed. Alternative Action(s): Do not approve acceptance of the deed. This will preempt the recordation. Analysis: On December 7, 1992, City Council approved an agreement through which a traffic signal at Center Avenue and One Pacific Plaza - Huntington Beach Mall entrances would be installed and would fulfill outstanding development conditions imposed upon the owners of One Pacific Plaza and the Mall. These conditions have now been met, the traffic signal is installed and operational and the property owners have granted an easement to the city for the location of traffic signal equipment. At no time has the City Council specifically authorized the Clerk to accept this easement deed and approval of the recommended action herein will meet this requirement. The easement deed obligates the grantee to own and maintain the traffic signal and to indemnify the city. The city is granted rights of use and access. The easement automatically terminates should the traffic signal be removed and not replaced. RL ,UEST FOR COUNCIL ACTT(,.. MEETING DATE: February 5, 1996 DEPARTMENT ID NUMBER: ED 96-01 Environmental Status: N/A Attachment(s): City Clerk's Page Number 1. RCA/RAA approving Property Owner Agreement dated December 7, 1992 2. RCA/RAA Reappropriating Funds dated January 3, 1995 3. Executed Deed and Rider RCA9601.DOC -2- 01/18/96 1:52 PM ATTACHMENT # 1 REQUIST �".-. CITY COUNCIL/REDEV T AC - ,Y ACTION/, /2 Al--DYED BY CITY COUNCIL i a��y12/• • — 7 19..Nr� ED 92-55 y 9 - December 7, 1992 CITY Submitted to: Mayor/Chairman & City Council/Redevelopment Agency Members Submitted by: Michael T. Uberua a CityAdministrator Executive Directorag, Y 9 � / Prepared by: Barbara A. Kaiser, Deputy City Administrator onomic Developent& ‘? Louis F. Sandoval, Director of Public Works Subject: CENTER AVENUE TRAFFIC SIGNAL INSTALLATION/HUNTINGTON CENTER REDEVEOPMENT PROJECT Consistent with Council/Agency policy: Yes [ j New Policy or Exception Statement of Issue, Recommended Agency Action,Analysis, Funding Source,Alternative Actions,Attachments .I1. Itvi t\\14-\.. STATEMENT OF ISSUE: The design plans for a new traffic signal installation on Center Avenue at One Pacific groo Plaza/Huntington Center Mall are complete and ready for construction by private parties. The City of Huntington Beach and Redevelopment Agency will be a party to funding a small c portion of the construction costs of this traffic signal. RECOMMENDATION: 1. Approve the Agreement by and between the City of Huntington Beach, One Pacific Plaza II and MaceRich California Associates and authorize-the appropriate officials to execute 4c the Agreement. s 2. Authorize the expenditure of a maximum of$20,000 from the Huntington Center Capital Project Account as per the 1992-93 Annual Budget. ANALYSIS: The installation of a traffic signal on Center Avenue at One Pacific Plaza/Huntington Center Mall is warranted. The installation of the traffic signal will fulfill outstanding development conditions imposed upon the developers of the One Pacific Plaza and Huntington Center Mall. Development Condition No. 2, C.U.P. 79-22 (Pacific Plaza II, Jewel Group) requires the developer to contribute 50% of the costs of a three-way traffic signal at the subject location. ✓ RCA/RAA ED 92-55 November 16, 1992 Page Two Development Condition No. 26, C.U.P. 85-45 (MacDonald Group, to which MaceRich California Associates is the successor) requires the developer to contribute to the costs of a four-way traffic signal based upon the use of the traffic signal by shopping center traffic. Following a study of existing traffic conditions at the intersections and the preparation of the appropriate cost estimates for a four-way traffic signal the following proportional shares of traffic signal costs were calculated as follows: One Pacific Plaza = 42.09% Huntington Center Mall = 46.48% City of Huntington Beach = 11.43% Bids have been obtained and are being evaluated via a joint effort by the City of Huntington Beach, MaceRich and One Pacific Plaza II. The bid selected will provide for the construction of the Center Avenue traffic signal at an engineering estimated cost of $112,000. FUNDING SOURCE: The traffic signal construction project will be funded according to the percentages listed in the analysis section. The construction project shall be bid and administered by a private party under contract to One Pacific Plaza. The costs of the construction management will be included in the traffic signal construction costs, of which the City of Huntington Beach's share of construction costs shall be paid via Huntington Center Redevelopment Project Capital Project Account E-TH-ED-810-6-72-00. ALTERNATIVE ACTION: Do not approve the agreement and waive the outstanding development conditions from the respective Conditional Use Permits. ATTACHMENTS: 1. Site Map. 2. Letter dated October 11, 1990 to MaceRich California Associates and Pacific Plaza II, describing the proportional cost share determination methodology. 3. Agreement. MTU/BAK/TA:sar • v _ -\. [ -j�-4 `' ` = City of Huntington Beach : ©� r •,!;. 2000 MAIN STREET CALIFORNIA 92648 - ~.?1:!- DEPARTMENT OF ECONOMIC DEVELOPMENT Office of the Director 536-5582 Housing 536-5542 Redevelopment 536-5582 Fax (714)375-5087 December 9, 1992 Charles Hallums, Regional Manager The MaceRich Company No. 200 Lakewood Center Mall Lakewood, California 90712 Dear Charlie: The City Council/Redevelopment Agency at their December 7, 1992 meeting, approved Item E-9 - Center Avenue Traffic Signal Installation/Huntington Center Redevelopment Project. .' Please proceed with the following actions: (1) Select the contractor. (2) Provide City with contract and payment schedule. (3) Provide City with cash to cover the contract and (4) Provide insurance certificates as per the agreement. It is understood that your goal is to complete these items by January 8, 1993. Upon completion of items one (1) thru four (4), the agreement will be executed. If you have any questions, please give me a call at (714) 536-5224. Best wishes for a Happy Holiday Season and a Prosperous New Year! Sincerely, c....Z44-.4" 161—.. omas Andrusky • Economic Development TA:sar xc: Barbara A. Kaiser, Deputy City Administrator/Economic Development DRU IS Jerry Klein - P1a7a II - Jerwel Enterprises vL AEI Jim Otterson, Traffic Engineer 7, _en.. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 8, 1996 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find the enclosed deed to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street,Huntington Beach, CA 92648. L��0�rsccF' Connie Brockway, CMC City Clerk Enclosures g:lfollowupldeedltr (Telephone:714-536-52271 Y •r , REC;ORDING REQUESTED BY CITY-OF HUNTINGTON BEACH And when recorded mail to: City Clerk , City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Space above this line for Recorder's use , Al' No. 142-342-12 (a portion) EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER ` TAX IS S ( ": ,w THE TAX IS: RIZED ON F LL VALUE OF PROPERTY CONVEYED OR, , 1 CO V SS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. ,,`,«__."" Alva ij Hu , alifornia corporation By: , Donald M. Kurdziel, Vice President 9 IG A OF DECLARANT OR AGENT - FIRM NAME • ' FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, , non-e clusive do(es) hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetualleasement and right of way for *see below purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, described as follows: *installation, operation, maintenance and modification of a traffic signal. The Legal Description ''Exhibit "A" and plat map "Exhibit "B" attached hereto and made a part hereof. State of Neu) York, CAPACITY CLAIMED BY SIGNER County of (>t_S1-chesteX' I- Ei INDIVIDUAL On JO nn C \oe_k i ® CORPORATE 9 before me, r OFFICER(S) DA NAME.TITLE OF OFFICER-E.G.,:LINE DOE.NOTARY PUBLIC- TITLE(S) 0 PARTNER(S) [] LIMiTED personally appeared bona Id M. Kurd zi e I 0 GENERAL NAMES)OF SIGNER(S) ATTORNEY-IN-FACT personallyrk�wnrip,meel, OR- ❑ proved to me on the basis of satisfactory evidence d ppri 0 TRUSTEE(S) to be the person(s) whose name(s) is/are GAIL I UTTON subscribed to the within instrument and ❑ GUARDIAN/CONSERVATOR CI^ Al ' EY acknowledged to me that he/she/they 0 OTHER: By - executed the same in his/her/their O� De lT Ci Attorn l.._- authorized capacity(ies), and that by MEW- his/her/their signature(s) on the instrument Public.State of New York the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: No.01 CI5O28O63 NAME OF PERSONS)OR ENTTTY(IES) 13.":1-11d in Westchester Cou which the person(s) acted, executed the Commission Expires May 23. 18 .�o instrument. Alvamij Huntington Beach, Inc. W hand and official seal. 9_ C� O__ GNATURE OF NOTARY ' RIDER TO EASEMENT DEED FROM ALVAMIJ HUNTINGTON BEACH, INC. ("Grantor") TO CITY OF HUNTINGTON BEACH ("Grantee") Grantee shall own title to the traffic signal and agrees that it shall be obligated, at its sole expense, to operate, maintain and repair the traffic signal. All such maintenance and repair work shall be performed in good and workmanlike manner and in such fashion as to minimize any interference with the use, enjoyment and occupancy of Grantor's Premises (as hereinafter defined) . Grantee shall pay, when due, all costs and expenses incurred in connection with the maintenance, repair and replacement of the traffic signal so as to prevent any lien or other encumbrance from being filed or recorded against Grantor's Premises. Upon completion of any work performed by or on behalf of the Grantee, Grantee shall, at its sole cost and expense, remove all debris from the easement area and restore the easement area to the condition that existed immediately prior to the commencement of such work. Grantor shall have the right to use and occupy the easement area for any purpose whatsoever; provided, that any use or occupancy by Grantor of the easement area does not materially interfere with the rights granted to the Grantee in this Easement Deed. Grantee shall indemnify and hold Grantor harmless from and against any losses, damages, injuries, suits, judgments, claims, liabilities and/or expenses (including, without limitation, reasonable legal fees and disbursements) relating to or arising out of the traffic signal, the use of the easement area by Grantee, the failure of Grantee to comply with its obligations herein, or the negligent conduct of the Grantee or its agents, contractors or employees in or about the easement area. At such time as the traffic signal shall be removed and not replaced, this easement shall automatically terminate. In the event of such termination, the Grantee shall promptly, upon request by Grantor, execute and deliver to Grantor an instrument in recordable form confirming the termination of this Easement Deed. For purposes of this Rider, "Grantor' s Premises" shall mean the real property designated as Parcel 1 of Parcel Map No. 79-585 in the City of Huntington Beach, County of Orange, State of California as shown on a Map recorded in Book 144, Pages 31-33 , inclusive of Parcel Maps in the Office of the County Recorder of said County and the improvements located thereon. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. GRANTOR: ALV J C. By: on 1 urdzie , ice President GRANTEE: CITY OF HUNTINGTO BEACH By: 44- ----_ ame: --ore -iFs .b. 0,it/2sPA- 48882.1 Title: Gib Tied-7=-ie Ot/tw EASEMENT FOR TRAFFIC SIGNALS & MAINTENANCE THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 79-585 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 144 , PAGES 31 THROUGH 33 , INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE SOUTHERLY 10. 00 FEET OF THE WESTERLY 30. 00 FEET. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. PREPARED UNDERMY SUPERVISION: / 4U . / hl JON E. SOLLIE, P.L.S. DATE IC£NSE W5749, EXPIRES 12/31/91 IAN S� JES/KD c�S • c SO/ Pk� F` JOB W4298—LD1 =' % c 10/10/91 o Ex, :21:;16.1 •i L u 74;1 EXHIBIT s D • NO7 TO SCALE 1 \ n$ a 1 / I //• 1 ___ ) moo.._N69°32 03°E 30.00' \ . \ \ \ PARCEL J \ I F \RC r( 1\iJAP NO. ,/' € CEA/TER J I • 79 -5 • / DR/1�E I rWJ J-4 4/.3J - // . 1 / 1 / / . / / / i / i / // i / vl TITLE: TRAFFIC SIGNALS AND - MAINTENANCE EA5EMENT - ElAet c 2eneiseezde. att. fl[011[pWL�VENUE f�.TA Y[M CA.f.f411[1 CMLlNNINllpMO • LANO.I.LNMINO • 4N0[ONVITINO DATE OF PREPARATION: /0-/0-2/ 4098 A, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated August 22, 1995 from Donald M. Kurdziel, Vice President, to the CITY OF HUNTINGTON BEACH, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: February 8, 1996 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By:,/7" ,k4r7- P/ Deputy City Clerk g:\followup\deedcert (Telephone:714-536-5227) TRAFFIC SIGNAL INSTALLATION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, ONE PACIFIC PLAZA II, AND MACERICH CALIFORNIA ASSOCIATES SECTION PAGE 1 SIGNALIZATION CONSTRUCTION AND DESIGN 2 2 PROJECT 2 3 OPERATION AND MAINTENANCE 2 4 EASEMENTS 2 5 COSTS AND EXPENSE INVOICES 2 6 GUARANTEE 3 7 FAITHFUL PERFORMANCE AND SECURITY 3 8 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3 9 WORKERS' COMPENSATION INSURANCE 4 10 INSURANCE 5 11 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 6 12 PUBLIC WARNING AND PROTECTION 7 • TRAFFIC SIGNAL INSTALLATION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, ONE PACIFIC PLAZA II, AND MACERICH CALIFORNIA ASSOCIATES THIS AGREEMENT is entered into this f' "day of 1992, by and between the CITY OF HUNTINGTTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " ONE PACIFIC PLAZA II, a general partnership hereinafter referred to as "PLAZA II, " and MACERICH CALIFORNIA ASSOCIATES, a Limited Partnership, d/b/a Huntington Center, hereinafter referred to as "MACERICH. " WHEREAS, PLAZA II, MACERICH, and CITY desire to install a traffic signal at Center Drive and the entry to Huntington Center/One Pacific Plaza, Huntington Beach, California; and CITY' S Planning Commission previously required a three-way signal as a condition of approval of PLAZA II ' s development application, and further required CITY to participate equally with PLAZA II in the cost of said signal; and At a later date, the Planning Commission further required, as a condition of approval of the Mervyn' s retail store in the Huntington Center, an expansion of said signal to a four-way signal with a requirement of sharing in the cost thereof; and PLAZA II, MACERICH and CITY therefore desire to enter into an agreement for the purpose of establishing the responsibilities of each party for the installation and funding of said four-way signalization project, NOW, THEREFORE, in consideration of the promises and agreement of the parties as herein set forth, the parties agree as follows : 10/23/92 : sg -1- 1. SIGNALIZATION CONSTRUCTION AND DESIGN Construction shall be performed by PLAZA II . MACERICH and CITY shall have the right to inspect and approve all phases of construction. The cost of administration and supervision over the construction shall be shared equally by PLAZA II and MACERICH. 2. PROJECT The cost of the Project, including permits, design, construction, inspection and installation of the traffic signal shall be paid by the parties as follows: 1) CITY - 11.43 percent 2) PLAZA II - 42.09 percent 3) MACERICH - 46.48 percent However, city has provided the final design of the Project at no cost to PLAZA II and MACERICH. 3 . OPERATION AND MAINTENANCE Upon completion of construction, the traffic signal shall be dedicated to CITY. CITY shall operate and maintain the traffic signal at no further expense to PLAZA II and MACERICH. 4 . EASEMENTS PLAZA II and MACERICH hereby agree to grant to CITY any and all easements necessary to carry out CITY'S duties hereunder. 5 . COSTS AND EXPENSE INVOICES All costs and expense invoices mentioned above shall at all times be made available to any party hereto, upon reasonable request thereof. 10/23/92 : sg -2- 6. GUARANTEE PLAZA II and MACERICH shall cause any contractor used pursuant to this agreement to guarantee all work and materials provided for a period of one (1) year following completion. 7. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997, upon execution hereof, PLAZA II and MACERICH shall deposit with the City Treasurer the full amount of their pro rata shares of the approved bid, which security is given to CITY to insure faithful performance of this agreement and of all of the conditions hereof. The deposit may be corporate surety bond, cash or other approved form of improvement security provided that the substituted security is r`> acceptable to the City Attorney. If the bond is cash, the Contractor' s progressive payments may be made therefrom upon approval by PLAZA II, MACERICH and CITY and the submission of proper and adequate labor and material releases to CITY. Payment of the invoices shall be for 90 percent of the amount invoiced, maintaining 10 percent of the contract amount as a faithful performance retention. The retention amount may be released to the contractor thirty days after the satisfactory completion of the construction of the signal. 8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS PLAZA II and MACERICH hereby agree to protect, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting 10/23/92 : sg -3- from death or injury to PLAZA II or MACERICH employees and damage to PLAZA II or MACERICH property, arising directly or indirectly out of the obligations or operations herein undertaken by PLAZA II and MACERICH, 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. PLAZA II and MACERICH will conduct all defense at their sole cost and expense. CITY shall be reimbursed by PLAZA II and MACERICH for all costs or attorney' s fees incurred by CITY in enforcing this obligation, except that PLAZA II and MACERICH shall not reimburse said costs and fees if the claim so defended arises out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. 9 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, PLAZA II and MACERICH acknowledge awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; PLAZA II and MACERICH covenant that they will comply with such provisions prior to commencing performance of the work hereunder. PLAZA II and MACERICH shall maintain such Workers ' Compensation in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times 10/23/92: sg -4- • incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. PLAZA II and MACERICH shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the PLAZA II and MACERICH employees. PLAZA II and MACERICH shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and PLAZA II and MACERICH shall similarly require all subcontractors to waive subrogation. 10. INSURANCE PLAZA II and MACERICH shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name CITY, its officers, agents and employees and all public agencies as determined by CITY as Additional Insureds. PLAZA II and MACERICH shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three Million Dollars ($3 , 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Three 10/23/92:sg -5- Million. Dollars ($3,000,000) . In the event of aggregate coverage, PLAZA II and MACERICH shall immediately notify CITY of any known depletion of limits. PLAZA II and MACERICH shall require their insurer to waive its subrogation rights against CITY and agree to provide certificates evidencing the same. 11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, PLAZA II and MACERICH shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 10 and 11 herein; 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 cancelled without thirty (30) days prior written notice to CITY. PLAZA II and MACERICH shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by PLAZA II and MACERICH under Section 8 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. PLAZA II and MACERICH shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 10/23/92 : sg -6- A separate copy of the additional insured endorsement to each of PLAZA II and MACERICH'S insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12. PUBLIC WARNING AND PROTECTION CITY shall provide written guidelines to MACERICH, PLAZA II and their contractors for the protection of public safety and traffic mitigation during construction. IN WITNESS HEREOF, the parties hereto have executed this agreement the da and year first above written. ONE PACI • •LAZ , I, CITY OF HUNTINGTON BEACH a Gen- Part cam.. 1{v -j•,_ MINIPOerald J�f"ein Mayor Manag ir Partner }'r/�v eJ p eR d f o avvc / 1iar,z A�oµ MACERICH CALIFORNIA ASSOCIATES, lZ7l9Z a Limited Partnership dba Hunti on Center By: Art. Co a Its :General Partner ATTEST: APPROVED AS TO FORM: 1a-LP Lic/A—g;1..) City Clerk ci_�N 4; City Attorney RA._ (o •-'2/ ��_�p_cL /6-Z3-17.- REVIEWED AND APPROV D: INfTIATED A D APPROVED: IN;0, ity Adm nistrator Direct r of Public Works 10/23/92:sg -7- ATTACHMENT #2 • RELikXST FOR CITY COUNC P • f'PROVED BY CITY CO DEVELOPMENT AGENCY ACTION ED 95-03 Date: January 3, 1995 C CL K SUBMITTED TO: Honorable Mayor/Chairman & City Council/Redevelopment Agency Members SUBMITTED BY: Michael T. Uberuaga, City Administrator/Executive Director,, ��, PREPARED BY: Barbara Kaiser, Deputy City Administrator/Redevelopmel(t re°cLora SUBJECT: Center Avenue Traffic Signal Installation - Huntington Center Redevelopment Project Area Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: - STATEMENT OF ISSUE: The design plans for a new traffic signal installation on Center Avenue at One Pacific Plaza/Huntington Center Mall are complete and ready for construction by private parties pursuant to an agreement previously approved by the City Council. Funds for the city's contribution were appropriated in a previous fiscal year and have lapsed. RECOMMENDED AGENCY ACTION: Appropriate and authorize the expenditure of not to exceed $20,000 from the Huntington Center Capital Project Account as an amendment to the 1994/95 Annual Budget. ANALYSIS: On November 7, 1992, the City Council approved an agreement through which installation of a traffic signal at Center Avenue and One Pacific Plaza/Huntington Beach Mall entrances would be installed and would fulfill outstanding development conditions imposed upon the developers of the One Pacific Plaza and Huntington Center Mall. Specifically these conditions are: Development Condition No. 2, C.U.P 79-22 (Pacific Plaza II, Jerwel Group) requires the developer to contribute 50% of the costs of a three-way traffic signal at the subject location. Development Condition No. 26, C.U.P. 85-45 (Mac Donald Group, to which MaceRich California Associates is the successor) requires the developer to contribute to the costs of a four-way traffic signal based upon the use of the traffic signal by shopping center traffic. • RAA/RCA ED-95-03 January 3, 1995 Page 2 The approved agreement calls for the costs to be shared as follows: One Pacific Plaza = 42.09% Huntington Center Mall = 46.48% City of Huntingotn Beach = 11.43% The contribution of the private parties has now been deposited in escrow and bids have been obtained. The selected bidder is DBX, Inc. for a cost of$96,249. (less than the engineer's estimate of$112,000). Construction is scheduled to begin in January 1995, however the City has yet to deposit its contribution because the previous appropriation made in FY 1992-93 has lapsed. It is recommended that the City's share of the costs be reappropriated at this time. FUNDING SOURCE: Huntington Center Redevelopment Project Area Unappropriated Fund Balance. ALTERNATIVE ACTIONS: Do not approve the reappropriation of funds for the City's contribution (this will place the City in breach of the approved agreement). ATTACHMENTS: Site Map Agreement MTU/BAK/SVK:dw Stephen/RCA/raa9503 nlnffmnnnlTTTTnlTlnnurourn ilnnmTTmmnrr mnnnmTimmnrfmmnffm minnmTmnm ---I (\\\\jTtRl1\L\\U1�R1\\!/\R/1R11\1\/\\ /�t� h r. 1--c_inv fTL�WWfaT—j� ♦ i VI7/l//i/!i//!Il/////!i�/////J 1Ir�Ilp IIIA l ., , ,. ,, , tom\ `?td\�kt\\�t\\\� . OIIIIIIIIIIIIIIIIIIIIIIHIIIIIIHHIO • : '%•• •,s . • temsswissW�hsWh'hss9 I vwl1 UI WIIIwuuuuw� .:1 //Cys.sOlb..DtIa.' 0"\33"333,3‘""\3k3,3333‘.33-31 r, ,.._{ In?�,=rr-:�iii:;�/:pia—its .: r . === (_!ram' + v.........J " ' cf. r • • ' ..I5s c�\\\\\\ \\\\\ \\\\ � m ., X ,� �., 6 Wh5145SWh$leh0'W/H/A z `b s O • % I �' " ° n , : • ,,,,,,,„ „ ., .j -'-�1 i , 1•.�� 7.�.�.1 •. �, , .; t•;..;\%, -;•%\.\\V ' GTTIVITMU _ .:5d .... ,,,,,,,,,,,,,,,,,,, ...,. i lZ \`kkk ` `Zip ^N,hx . - !b'rs i'///rs�/if//hs�1 r*t -mine irtra f:\---a� ,U,J ;� is GS�/!/rfy////rffSY//D ` `• -A 2 . ���� i \2� NtI iS�,, ii - . 11 - 1.\ \ " `1-k\l Y-4 • / z iS/i \111SSW/H,SyiJy¢f 11 (:SIS /" %lsfiSfi�) :' (�\\\ \\\\\\\\\) " QS • • 'A r I1 " C'W/45V//�17, A. ..,:::9, . p\\U\\\�111�1\31 `I W I ItI Ill I _ 1 •'. .azeririrru.../frrr.,, II MitTIMffin oil , •• IIIIc% ,7.-iT1r%i/ii 9 ►I\\\\1\\ 111 , I - a ?\ a `� _. �SSy///fit'!////rs� : l= "iX 'cgi1J •; • ti •� 1C.Z`kq .r r••..---,...../..1. C4r,ZA.4,2:////j. ::: 1 1: I.':: ili• a. ::• \\\�t2�\\\\\�ti\\\V ��•� • t` o� mk.%\\Z,`�: `k' �� -6� • NA tkfih\\`ZY �o -t -3 N111�1a1) '94 f: / ./, .� /, / :1 z ATTACHMENT #3 R(;A ROUTINii SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Acceptance of Easement Deed - Center Avenue Traffic Signal COUNCIL MEETING DATE: February 5, 1996 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) Not Applicable 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) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO' DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: 1/ OIL � 11 1 - w,. (Below Space For City Clerk's Use Only)