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HomeMy WebLinkAboutMAYER Financial - Grant of Easement and Acceptance of Draina (2) RECORDING REQUESTED B This Document s electronically reed by FIDELITY-AAT!ONAL TITLE Fidelity mIL onal Major Accounts 1. 2- O 5 Recorded in Official!Records, County of Orange RECORDING REQUESTED BY Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: IIII MI II II, IIII I I IIII I I II NO FEE City Clerk 2003000690324 04:30pm 06/12/03 City of Huntington Beach 117 27 E01 18 2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 'We document Is s"TIty fot.Aha (Space Above For Recorder's Use) 04040 bulginess of the City )f Huntington Beach.as content- dated under Government Cock) TEMPORARY CONSTRUCTION EASEMENT g 3� sec.8103 and should be,eootdOd9 tree of char THIS TEMPIORARY CONSTRUCTION EASEMENT (this "Agreement") is entered into as of U1J ee- �}I , 2003, by and between the CITY OF HUNTINGTON BEACH, a public body, corporate and politic (the "City"), and PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company ("Waterfront"). The City and Waterfront are each referred to herein individually from time to time as a "Party" and collectively, as the "Parties". r'i,I,. 11101N?Ik' I11114l°144.iiiltit,SIh"41,..11 RECITALS A. Waterfront is the owner of certain real property situated in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Waterfront Property"). ,1„.1,44+1,44 -ialta11 iit I B. The City is the owner of certain real property situated adjacent to the Waterfront Property as more particularly described on Exhibit "B" attached hereto and incorporated herein by this referende (the "City Buffer Property"). C. The City Buffer Property acts as a buffer between the Waterfront Property and designated wetland areas located to the southeast of the Waterfront Property. D. As a Condition of Approval for the development of the Waterfront Property as a residential subdivision, the City and/or the Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic (the "Agency") are requiring certain improvements to be constructed by Waterfront on the City Buffer Property. E. The City is willing to grant certain temporary access, egress and construction easements and rights across and within the emits of,.the ciity0.B4}0 kroperty.for,the benefit of the Waterfront Property''in exchange for the agreements and covenants of Waterfront set forth herein. NOW, THEREFORE, incorporating the foregoing recitals, and for other fair and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Waterfront agree as follows: o�Niai.wal.,aiu,au cu ;AIL r 1066/017963-0002 364096.01a06/04/03 `9 , 1. Granting of Construction, Maintenance and Access/Egress Easement. As of the execution of this Agreement, the City hereby grants to Waterfront a temporary appurtenant easement for the benefit of the Waterfront Property (the "Easement") upon, in, over, under and along the City Buffer Property (the "Easement Area"), together with all necessary and convenient means of ingress and egress to and from such area for the purposes of the construction, reconstruction, replacement, service, maintenance, and repair of any and all improvements required to be constructed on the City Buffer Property under the Conditions of Approval as imposed by the City and/or the Agency (collectively the "Improvements"). The foregoing Easement includes, without limitation, the right of Waterfront to conduct such grading activities as may be required in connection with the construction of the Improvements. Waterfront shall be responsible for the costs associated with the construction and installation of the Improvements, Storm Water Pollution Prevention Permitting, notification and other related requirements. 2. Termination of Easement; Maintenance of Improvements. Until the City or the Agency has agreed in writing to accept responsibility for maintenance of the Improvements, Waterfront shall be responsible for maintaining the Improvements in good condition and repair. Upon completion of construction of the Improvements in accordance with City standards and requirements, the City shall, by written agreement, accept maintenance of the Improvements and release Waterfront from any further liability for the maintenance obligations in relation thereto. At such time as the City assumes such maintenance responsibilities, the rights and access under the Grant of Temporary Construction Easement shall terminate and Waterfront shall have no further obligation under this Agreement with respect to such matters. 3. Standards Governing Construction and Use. Waterfront shall construct and maintain the Improvements in compliance with all applicable laws, rules, regulations, governmentally approved improvement plans and programs and governmental permits. Construction of the Improvements shall be completed no later than December 31, 2004; provided, however, such date for completion shall be extended on a day for day basis for the duration of any force majeure events. A "force majeure event" shall mean and refer to acts of God, inclement weather, material or labor shortages, strikes, governmental moratoria or delays, and other- matters beyond Waterfront's reasonable control (financial inability excepted). For purposes of this Agreement, the Improvements shall be deemed to be "completed," and "completion" shall be deemed to have occurred, when the physical construction of the Improvements has been substantially completed in accordance with the City's approved plans for the construction of such Improvements, as evidenced by a certification provided by City's engineer. 4. Indemnification, Defense, Hold Harmless; Insurance: Waterfront hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Waterfront's employees and damage to Waterfront's property, arising directly or indirectly out of the actions of Waterfront on the City Buffer Property in connection with the Improvements, caused in whole or in part by any negligent act or omission of Waterfront, any subcontractors, anyone directly or 1066/017963-0002 364096.01 a06/04/03 -2- indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. Waterfront will conduct all defense at its sole cost and expense and CITY shall approve selection of Waterfront's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Waterfront. Pursuant to California Labor Code Section 1861, Waterfront acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Waterfront covenants that it will comply with such provisions prior to commencing performance of the work on the City Buffer Property in connection with the Improvements. Waterfront shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Waterfront shall require all subcontractors to provide such workers' compensation ' and employer's liability insurance for all of the subcontractors' employees. Waterfront shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Waterfront shall similarly require all subcontractors to waive subrogation. In addition to the workers' compensation and employer's liability insurance and Waterfront's covenant to defend, hold harmless and indemnify CITY, Waterfront shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage, covering all of Waterfront's activities on the City Buffer Property in connection with the Improvements. This policy shall indemnify Waterfront, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with Waterfront's activities on the City Buffer Property,in connection with the Improvements, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,- of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for Waterfront's activities on the City Buffer Property in connection with the Improvements. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to Waterfront's activities on the City Buffer Property in connection with the Improvements shall be deemed excess coverage and that Waterfront's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 1066/017963-0002 364096.01 a06/04/03 -3- i , Prior to commencing performance of the work hereunder, Waterfront shall furnish to CITY certificates of insurance^subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. provide the name and policy-number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. Waterfront shall maintain the foregoing insurance coverages in force until the activities performed by Waterfront on the City Buffer Property in connection with the Improvements is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the Waterfront's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Waterfront shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. t Waterfront shall provide a separate copy of the additional insured endorsement to each of Waterfront's insurance policies, naming CITY, its officers; elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to the commencement of any of Waterfront's activities on the City Buffer Property in connection with the Improvements. 5. Successors and Assigns; Covenants Running With the Land. The rights and obligations of the Parties hereunder shall constitute covenants, benefits and burdens which run with the land and which shall be binding upon, and inure to the benefit of, the successors and assigns of each Party hereto as the owners of the Waterfront Property and the City Buffer Property, respectively. Each Party shall, from and after the transfer of all or a portion of the real property owned by that Party which is subject to the terms hereof, be released from all obligations hereunder which accrue with respect to the real property so transferred after the date of such transfer. 6. Notice. In the event that any notice is given under this Agreement, it shall be personally delivered, in which case it shall be effective upon delivery, or may be mailed by certified mail, which notice shall become effective three (3) days after mailing, to the addresses set forth below: To Waterfront: PLC/LYON WATERFRONT RESIDENTIAL LLC c/o PLC Land Development Company 19 Corporate Plaza Drive Newport Beach, CA 92660 Attn: Christopher Gibbs 1066/017963-0002 364096.01 a06/04/03 -4- To City: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attn: Robert F. Beardsley Director of Public Works Either party may change its address for notices by giving notice to the other party in the manner herein provided or may request that not more than two (2) additional copies of any notice be sent to addresses specified in a notice to the other party given pursuant to this paragraph. 7. Attorneys' Fees. In the event that a dispute arises between the parties under this Agreement, the prevailing party in such dispute shall not be entitled to recover from the other party its reasonable attorneys' fees and out-of-pocket costs. Each party shall bear its own attorneys' fees and costs. 8. Integration; Governing Law. This Agreement shall be construed in accordance with its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. 9. Counterparts. This Agreement may be executed in any number of counterparts which, when taken together, shall constitute a fully-executed original. [Signature Page Follows] 1066/017963-0002 364096.01 a06/04/03 -5- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. - PLC/LYON WATERFRONT RESIDENTIAL, LLC, a Delaware limited liability company By: PLC Waterfront LLC, A Delaware limited liability company, its managing member By: WB IV/PLC Homes,-LLC, a Delaware limited liability company, its sole member By: i/(1A-- Christopher C. Gibbs, President By: Daniel O'Bannon, Secretary By: Lyon Waterfront LLC, a Delaware limited liability company By: William Lyon Homes, Inc., a Califord rporation By: Richard S. Robinson Its: Senior Vice President By: omes J, Mitchell Its: Senior Vice President "Waterfront" [Signature Page Continues on Next Page] 1066/017963-0002 364096.01 a06/04/03 -6- THE CX OF H TINGTON B By: ( / Its: Der-cv o1 tle4Ac G•>4.4r i; "City" ATTEST: ;; .. B etiGP � APPROVED AS TO FORM: 4,j05 By f A Its: ot:bi 1 C y 1066/017963-0002 364096.01 a06/04/03 -7- STATE OF CALIFORNIA ) ) ss. COUNTY OF ©Kail( & ) On j lA({'I 4 2003, before me, v)11 1 I j i , Notary Public, personally appeared C, e aY)C Dcn'1 t A O'6017110v') personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s),ems a )subscribed to the within instrument and acknowledged to me that-he/ ieeffet) executed the same in Iris/ t eir)authorized capacity(ies), and that by•l /her/h r�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. �j��/ ���� 1RACY L.GEMMILL �,�%�LC� Commission*1415241 NotaryCalifornia I. Notary Pub • � ;�� Public-Ca • M J Oro r.gs Count' I. MyComm_6tpl,May3,20077 [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF Drq On TO e, 5 2003, before me,Styx G e(1(1. , Notary Public, personally appeared , ar S . t)loi N so pj ck,AA. 'T}Fonh ors J 'I C!k Ll..., personally known to me (or proved 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. C Notary Public ,,,.::, OFFICIAL SEAL SUSAN E.MENARD w ,IsR . NOTARY PUBLIC-CALIFORNIA SEAL, \, ►,.; g" COMMISSION*1234018 C [SEAL] W N ORANGE COUNTY My Commission Exp.Sept.5,2003 d 1066/017963-0002 364096.01 a06/04/03 -8- STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On > 9 2003, before me, Ka( n1 155/ , Notary Public, personally appeared ��1 ?Z f ,61-R,66W personally known to me (or proved to me'on the basis of satisfactory evidence) to be the person(s) whose name(g) is/ape 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(. or the entity upon behalf of which the person(s)-acted, executed - the instrument. Witness my hand and official'seal. KATHLEEN NELSON, , Commission# �� Notar LiW4L)(9424B,U y Publi Ndey Public-CaliforniaC Y y Orange Comfy • [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On 200_, before me, , Notary Public, personally appeared personally known to me (or proved 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. Notary Public [SEAL] 1066/017963-0002 364096.01 a06/04/03 -9- EXHIBIT "A" THE WATERFRONT PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIVE, OF F MAPS, RECORDS OF THE COUNTY OF ORANGE. EXCEPTING THEREFROM ALL OF LOTS "AA" AND "BB" OF SAID MAP. , EXHIBIT A' THE WATERFRONT PROPERTY BEACH BLVD i . , i- \<---- i /;..• , LOT,'AA' / i Z �I// 41 LOT 'BB' II � � / I / I / di / I / / - i 4(/ , ♦ I*4 4 1 p. /* / TR 15549 MMB ' 2 ZS - •. drs,e / - • / /, --:)) - ',,1$4// 1 , /0, �1 �j� / rFI 15536 V MlWB 790/�I�I-5n / L� j ,4:// N/1/*Cto ` ' ---: i'11,/ - -1'. ' N -----"NmaialiPZ"' A4Tf / 44/rN 43 ' J r ) 0 50' 100' 200' 400' �� QZ MN.IB 790/�I fI 5 GRAPHIC SCALE L� / / \ FUSCOE ENGINEERING SAN DIEGO INC. / L O 7 1 \ 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 bill/1B 5 J8/rI 5-rI PHONE (858) 554-1500 EXHIBIT "B"THE CITY BUFFER PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. LOT "BB" AS SHOWN ON THE MAP OF TRACT NO 15549, RECORDED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXHIBIT 'B' THE Cr!)'BUFFER PROPERTY SUNRISE DRIVE II I 1 i 4 LOT 'BB' . Q TR 15549 i • MMB 0'2.../ 207 - 44- I I m II , / I � A Ca 4 , . N-c%- • I ` 11 I I t . -, ..... ---------___________ -----Th • NI 1 0 50' 100' 200' 400' FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 ., CALIFr• BMA ALL-PURPOSE ACKNOWLEDGMENT .-^C l�c^lz-,<,—cKacX ct`-A c4,-- c l rY�c<•.-'clscC cl>G,..c. ..✓ITC‹.-.-sc-., z,( ;rl`.cX-,,-x.rl.c ..c<K,/,cxC-clr,c!'.0 C.c^l x,x-x>z,(-3<.c y, i l 'State of CAli F'OKN1 4- 1 County of Ogf-N(rE On S'un j �-O a 3 before me, Cotes e- ./ i c , 3 1 Date a Name and Title of Officer(e.g.,"Jane Doe,Notary Public") llll��'('( 1 z personally appeared Cori Vl l E 1 r ,Iciv,I-y , , Name(s)of Signer(s) �t CA Itpersonally known to me-OR-❑ ' to be the person(. Ce whose name(,816/are subscribed to the within instrument 1 and acknowledged to me that he/ h 'they executed the same in his/ their authorized capacity(ies), and that by Ci his/I0/their signature(.s on the instrument the persons} 1 or the entity upon behalf of which the person(a)-acted, iexecuted the instrument. KELLY LOUISE MANDIC 5 Commission# 1372899 WITNESS my hand and official seal. i �ti Notary Public - California > • • `� .,�,.3rOcaneCountY �„ ` ''' My Comm.Expires Sep 1,2006 '3 Signature of Note lic OPTIONAL ,) Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ') Description of Attached Document ) 1 L Title or Type of Document: %�'/JJ�Dli2p r) C- -9)- c-/ — i0GC �a/J °i fa Document Date: i un-e q X-C) 3 Number of Pages: 6, k i i(A Signer(s) Other Than Named Above: (1 &cry C ) Ci Capacity(ies) Claimed by Signer(s) ,,) Signer's Name: L Ue1/9[ ccBi'U4A- Signer's Name: ( ❑ Individual ❑ Individual l Corporate Office r / ❑ Corporate Officer Title(s): C- L C` 4.�C Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact 1 ❑ Trustee El Trustee 'I RIGHT•THUMBPRINT RIGHT THUMBPRINT ) ❑ Guardian or Conservator :OF.SIGNER ❑ Guardian or Conservator ' 'OFSIGNER • 1 ❑ Other: Top of thumb here ❑ Other: - Top of thumb here ) 61 l� 2 e ) 1Signer Is Representing: Signer Is Representing: ` �1 ok /, k , _ � _ , w ; ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 r Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Tracy L. Gemmill Date Commission Expires: . 05/03/07 County where bond is Filed: Orange Commission No.: 1415241 Manufacturer/Vendor No.: NNA1 Place of execution - Newport Beach Date - June 12, 2003 FIDELITY NATION ' ITLE COMPANY Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Susan E. Menard Date Commission Expires: 09/05/03 County where bond is Filed: Orange Commission No.: 1234016 Manufacturer/Vendor No.: SIU1 Place of execution - Newport Beach Date - June 12, 2003 FIDELITY NATIONAL T LE COMPANY Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Kathleen Nelson Date Commission Expires: 06/25/04 County where bond is Filed: Orange Commission No.: 1268758 Manufacturer/Vendor No.: NNA1 Place of execution - Ne ort Beach Date - June 12, 2003 FIDELITY NATION T TLE COMPANY rg _ Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Kelly Louise Mandic Date Commission Expires: 09/01/06 County where bond is Filed: Orange Commission No.: 1372899 Manufacturer/Vendor No.: NNA1 Place of execution - Newport Beach Date - June 12, 2003 FIDELITY NATION L TI LE CO PANY (7;e' /- 3o y 3 o V6 004-e-S /1"'i Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder Re-Recording Requested by: MI1011110 1111111110111111111111111111110111101INO FEE Connie Brockway, CityClerk 2003001215987 09:13am 10/03103 y 111 79 E01 8 City of Huntington Beach o.00 o.00 o.00 o.00 o.00 o.00 o.00 o.00 When recorded return to: ,, . ;J: r , Connie Brockway, City Clerk %c:07 r� - 7/2-1:; :- i-6--(119J City of Huntington Beach ( ` 2000 Main Street LOT ;� — 7,e)4 e-r /SSy/9 Huntington Beach, CA 92648 C Grant of Easement and Acceptance of Drainage Recorded on 8/22/03 as #2003001019944 This Document is being re-recorded to add a complete legal description of the Easement Area. L)1'6-6/t'Lj7 Connie Brockway City Clerk City of Huntington Beach, California 92648 Date: , fE,r4y+ z 2, 1-..)0.3 /4—reh?1) 62t(irt This dominant-Is solely tor the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. , - - Recorded in Official Records, County of Orange • Tom Daly, Clerk-Recorder Ill IIII II!1111111111 IP II II 11 1 IIi11 i1I I Bill I I ENO FEE WHEN RECORDED MAIL TO: 2003001019944 01:42pm 08/22/03 CityClerk 214 110 E01 5 6.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE / DOCUMENTARY TRANSFER TAX IS S [NO TAX DUE] l .....Computed on the consideration or value of property conveyed,OR I .....Computed on the consideration or value less liens or encumbrances ili�•_ remaining at time of sale. . tore of Decl ant or Agent deter g tax—Firm Name /Th GRANT OF EASEMENT AND ACCEPTANCE OF DRAINAGE -,,'`' _ j'= _ _ / I . . FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, - = THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Grantor") ' hereby GRANT(S)AND CONVEYS to PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company("Grantee"), an easement appurtenant over that certain real property located in the City of Huntington Beach, County of Orange, State - of California, described in Exhibit"A" attached hereto and incorporated herein by this reference (the "Easement Area")for the purposes set forth below. The easement herein granted is for the benefit of the Grantee's adjacent property described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Benefited Property"), which Benefited Property will be developed and improved as a single family attached residential community. The-easement herein granted is for the purpose of accepting surface water runoff, sheet flow, and water discharge from various drainage pipes, culverts and other drainage improvements situated on the Benefited Property which are designed and intended to direct and discharge surface water from the Benefited Property on to the Easement Area. Grantor hereby consents to such drainage and deposit of water onto the Easement Area and agrees to accept same in perpetuity for the benefit of tie Benefited Property. Dated Li, ,2003 THE CITY OF HUNTINGTON BEACH, Al,00 a .cipal corporation of e State of California } STATE OF CALIFORNIAI Ce41414a4A--- COUNTY OF ORANGE 1 Mayor On 79v 4 qi h • i o ATTEST: before me, _ - i id • • p rson ly ap eare� I // a7ril I/ I/ • ' ' � /�]/ i In Dt� 4 City Clerk personally known to me - - • -• • ••• •• •• - • :.• • - .r,is to be the person(s)whose names(s)istpubs '.ed to the APPROVED AS TO FORM: within instrument and ac .wledged to me that he/sh• •xecuted �, T/ /03 the same in his/he�� authorized capacity(ies), an• that by `►`f� his/h-a signatures s) on the instrument the person(s) or the Attorne, entity ..on behalf of which the person(s) acted, executed the ` I v3 `1'03 instrument. l (This area for official notarial se-I) WITNESS my hand and official seal. • This document is solely for the official business of the City of Huntington ' ,++•..,� KELLY LOUISE MANDIC Signature Beach,as contemplated under — e, �,;`; Commission # 1372899 Government Code Sec.6103 and t ^``7 Notar California Z y Public - should be recorded free of charge '' " 9 Orange County 1066 017963-0002 +n,,,;, 364144 02 a06,12,03 My Comm.Expires Sep 1,2006 EXHIBIT "A" THE EASEMENT AREA THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. LOT BB AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. DATED THIS // DAY OF S?oZr , 2003. S)p LAND s o. w/re„.. EXP. 12/31/06 `r)' (S 7846 OF CM.- DONALD ROY CURRY, L.S. 7846 EXP. 12/31/06 EXHIBIT 'A' THE EASEMENT AREA SUNRISE DRIVE j I - . . - . . -f-- -.- . . I I I I I I • LOT 'BB' r CC TR 15.549 MM 842/28 44 I $ / 4 4 : 8 I U4 #4 1 i • m 'q ti� I I I I N # 1 ----Th • N SCALE 1" = 200' 0 50' 100' 200' 400' FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 • • EXEIIBIT"A" . LEGAL DESCRIPTION OF EASEMENT AREA That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows: 1066,017963.0002 364144.02 a06/12/03 100_(1,94 • '. EXHIBIT 'A' • THE EASEMENT AREA SUNRISE DRIVE I • I I • I I I I I I I •• 1 I LOT 'BB" - R 1554s7 / fHeal — = r MMB / - I II 9 4 % I I1 1- GF� 1 ' 1 i I I ......----Th . t N.. ..... ........"-......................... 50' 100' 200' 400' FUSCOE EhGIfESTING SAN DIEGO INC. 6390 GREE WICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE WA3) 554-1500 • EXHIBIT "B" THE BENEFITED PROPERTY THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH,RANGE 11 WEST, OF THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND SHOWN WITHIN THE DISTINCTIVE BORDER ON THE MAP OF TRACT NO. 15549 FILED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OF LOTS "AA"AND "BB" OF SAID MAP. DATED THIS // _DAY OF �xo ,.�y , 2003. . p LAND y.•5ROY0 GFo �� EXP. 12/31/06 s94. is 780 �t' OF cAk.0- DONALD ROY CURRY�L.S. 7846 EXP. 12/31/06 EXHIBIT 'B' rHE BENEFITED PROPERTY BEACH BLVD 1 / / I l / LOT 'AA' l /� AP . • 1 �f , , -gimpy 4 4 1 LOT BB, d r II III , ... I. I.___ , -.I / . . `15549 .i , • pi,_ MM 842/28-44 passrArrimi/ •... VA1 # Of , Ad A * - 1 WAVIVAIVAVAllpy L• .rJI' l I ���� TR 15 35 • $ / /IA jft/ NN 6\;A 'P , \ SCALE: 1" = 200' A ,P,r# iiii i �G IJT 2 G� r1 r r35 50' 100' 2 0' 400' Q �,� Q llll%l 7' J/ 1 i1 J�J GRAPHIC SCALE cr.,' / FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 / or 1 SAN DIEGO, CA 92122 Ml%l 828/fI8 r17 PHONE (858) 554-1500 • I /1 I S WJ G. 4-Qr c l S A151-6/1/ v -A W ki 0 c.v yh./1„-l- YJ 4 ad- c tl e G o rcl i)1 l •,, 1 Y OF HUNTINGTO I BEACH `1 2000 MAIN STREET CALIFORNIA 92648 September 23, 2003 /- Tom Daly N. County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 '-.7 , Enclosed please find the Easement Deed for Acceptance of Drainage for Tract 15549, by the City of Huntington Beach to PLC/Lyon Waterfront Residential LLC to be recorded and returned to the City of Huntington Beach, Office of the City Clerk,2000 Main Street,Huntington Beach, CA 92648. Please return a conformed copy of the Easement Deed when recorded to this office in the enclosed self-addressed stamped envelope. Sfito alehr . Connie Brockway, CMC • City Clerk • Enclosures glfollowup/deeds/deedletter2003.doc • , ?,/,/o.s 9/22 Liz, This is a deed that was recorded without an Exhibit A and with a wrong Exhibit B. Bill Holman asked us to re-record and we sent to City Atty who told us to go ahead and re- record. But the DPW at the same time found that Bill Holman's corrected exhibits were also incorrect. So now it has been worked out. We have new exhibits. I typed the information you see on a blank page per the Recorder's request. We will now RE-record it. 1. Stamp the free of charge recording stamp on it. I have given it to . Patty. 2. Make a copy to be conformed. You do this by making a copy of the original and then pencil on.i t"Copy to be Conformed" 3. Send the Original and the Copy to be Conformed to the Recorder with a cover letter—found under#18 on the Procedure List. 4. Make a copy of all for the deed pending file by Rebecca. • I J a- °' CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: September 10, 2003 SUBJECT: PLC Grant of Easement, RLS 2003-0439 As we understand the facts,the Grant of Easement and Acceptance of Drainage granted to PLC from the City was recorded without the complete legal description attached. PLC has forwarded a corrected document with the proper legal description, and requested that it be re-recorded. • We recommend that the corrected document be re-recorded without delay. Return to the City Council for further action is unnecessary. frfo � JENNIFER MCGRATH, City Attorney /k pda'03 memo/re-record • Brockway, Connie From: Brockway, Connie Sent: Tuesday, September 02,2003 10:22 AM To: McGrath, Jennifer Subject: plc deed William Holman, PLC returned the Grant of Easement and.Acceptance deed advising that the exhibits are incomplete and incorrect. He provided new ones. I will forward his letter and attachments. I have already recorded this deed. I have not received it back from the Recorder yet. C ct-t7LiatAej Please provide instructions by memo as to whether this must return to council or if not the procedure to use. Connie Brockway City Clerk • • vLD ccv4.4.f-42 EXHIBIT "B" THE BENEFITTED PROPERTY THIS LA I DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGT• BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A POR ON OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RAMC : LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MIS : LLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND S SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN 842, PAGE 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY 0 ' I RANGE. EXCEPTING THEREFROM ALL OF ►I TS"AA"AND"BB"OF SAID MAP. EXHIBIT 'B' . THE BENtrf r tD PROPERTY _ _ _ BEACH BLVD 'ii! " . -~ 44 LOT BB / / ee, /r 4- , I / / / A/ ,, TR 1 *It, / / / I • i ; i P,-/, / / • / % �,�� -:), / i / TR 1- 5.'35 cti e, ,A 1 .....I a) 4.4r cc: # 1, r Nilt# N. . 4.4 /, ‘ ..0 4'. ,„,, 1c , / I _ \ z_ fj �G L 1 0 50' 100' 0' 400' cis. it l\/lMB 790/44-50 GRAPHIC SCALE Er: i ‘ FUSCOE ENGINEERING SAN DIEGO INC. ‘ 6390 GREENWICH DR. STE. 170 J T 1 \ SAN DIEGO, CA 92122 it d•it r! g o A//1 n 1 PHONE' (858) 554-1500 , • • Brockway, Connie From: Claudio, Jonathan Sent: Wednesday, September 10, 2003 6:40 PM To: Brockway, Connie Cc: Elliott, Terri Subject: Grant of Easement and Acceptance of Drainage Hi Connie. I assume that you are in receipt of correspondence dated August 28, 2003 from William Holman of PLC Land Company regarding his request to re-record the subject easement. Please do not proceed as the"correct"exhibits Mr. Holman submitted require additional correction. I have contacted him directly and will be processing the corrections with his engineer. Once I have the correct exhibits, I will forward them to you for recordation. Also, I spoke with Naji at the County Recorder's office today and he did not show that this easement had been recorded. Do you have the original document or are you aware of the status of this deed? Please let me know when you get a minute. Thank you much -jo JO I GOT THE REVISED ONE BACK FROM THE CITY ATTY TELLING ME TO GO AHEAD AND RECORD, BUT I EMAILED THE CITY ATTORNEY THAT DPW NEEDS IT AS PLC DOES NOT HAVE IT DONE CORRECTLY YET. I WILL SEND MY STAFF DOWN WITH IT AND GIVE IT TO YOU. AS I SAID THE ORIGINAL HAS BEEN RECORDED SO ONCE YOU APPROVE THE DEED WE WILL HAVE TO RE- RECORD IT. PLEASE GIVE IT TO CITY ATTORNEY WHEN YOU ARE ALL READY BECAUSE I NEED THEIR NEW • APPROVAL AS TO FORM. THANKS ALOT. CONNIE 1 . • Brockway, Connie To: McGrath, Jennifer Subject: plc deed I sent this deed from PLC to you to approve as to form as PLC submitted a new description. You have done that. However, I received an email from DPW today that the new description given by PLC is incorrect. I will return this deed to DPW to work with you. When I returned it to you I thought you would check with DPW as to whether PLC is correct. Do you want me to go directly to DPW next time that PLC or another developer sends in something new and requests the Clerk to record it. Connie 1 • gill C August 28, 2003 Ms. Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Subject: City of Huntington Beach/PLC/Lyon Waterfront Residential LLC Grant of Easement and Acceptance of Drainage over Lot BB of Tract 15549 • Dear Connie: Thank you for sending me a copy of the recorded document referenced above. Upon inspection of the recorded document,I noticed that the exhibits are incomplete and incorrect. I am enclosing the correct exhibits for this instrument. Would you please have the document re- recorded with the correct, complete exhibits? Thank you very much. Very truly yours, ,4(/t & William . Holman Director of Planning Enclosure Cc: Terri Elliott,Public Works 19 Corporate Plaza Drive 949.721.9777 Telephone PLC Land Company Newport Beach, California 92660 949.729.1214 Facsimile • WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR ' ORDER'S USE DOCUMENTARY TRANSFER TAX IS$ [NO TAX DUE] .....Computed on the consideration or value of property conveyed,OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or • .lent determining tax—Firm Name GRANT OF EASEMENT AND ACCEPTA E OF DRAINAGE FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowle.•ed, THE CITY OF HUNTINGTON BEACH, a municipal corporation of the S -te of California ("Grantor") • hereby GRANT(S)AND CONVEYS to • PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware Ii ited liability company("Grantee"), an easement appurtenant over that certain real property to ated in the City of Huntington Beach, County of Orange, State " of California, described in Exhibit"A" attached hereto an• incorporated herein by this reference(the"Easement Area")for the purposes set forth below. The easement herein gr- ted is for the benefit of the Grantee's adjacent property described in Exhibit "B" attached hereto and incorporated he, ein by this reference (the "Benefited Property"), which Benefited Property will be developed and improved as a 9tngle family attached. residential community. The easement herein granted is for the purpose of accepting surface w�ter runoff, sheet flow, and water discharge from various drainage'pipes, culverts and other drainage improvements situ ed on the Benefited Property which are designed and intended to direct and discharge surface water from the Beneld Property on to the Easement Area. Grantor hereby consents to such drainage and deposit of water onto the Easement Area and agrees to accept same in perpetuity for the benefit of the Benefited Property. Dated ,2003 / THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California } STATE OF CALIFORNIA } COUNTY OF ORANGE } Mayor On ATTEST: before me, personally appeared City Clerk personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names(s)is/are subscribed to the APPROVED AS TO FORM: within instrument and acknowledged to me that he/she/they executed A� �'��� �v 3 the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s) or the e City Attorney entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) Signature 1066/017963-0002 364144.02 a06/12/03 1002(1/941 • EXHIBIT"A" THE EASEMENT AREA THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF C• LtIFORNIA; BEING A PORTION OF SECTION 14,TOWNSHIP 6 SOUTH, ' • GE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORD u 1 IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF HE COUNTY OF ORANGE. LOT "BB" AS SHOWN ON THE MAP OF TRACT I. 15549, RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIVE, OF • PS, RECORDS OF THE COUNTY OF ORANGE. EXHIBIT 'A' THE EASEMENT AREA I SUNRISE DRIVE • I I . I 1 i0 LOT 'BB' TR .9 /77 MMB 42/ - 1v54 . I mI A6 I fij, . m qQ�N •/ � I I i • . ` I I I I t -----Th . 11111. 50' 100' 2 0' 400' FUSCOE ENGINEERING SAN DIEGO I . 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 • • • 4 • • EXHIBIT"B" THE BENEFITTED PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITOF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAL ORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RAN 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OFT COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE OF TRACT NO:rS-549, RECORDED IN 842, PAGES 28 THROUGH 44 INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXCEPTING THEREFROM ALL OF LOTS "XA"AND"BB" OF SAID MAP. . i • r� ± � EXHIBIT 'B' THE BENEFITED PROPERTY I VD BEACH BL 5 _ 1 1 e _ ;. LOT AA ' / / I / /, ���i// 4'1 LOT BB III / I / I / I� II / / A Or / "-------- Ir A'A/ I" / TR was `4 - - / . / pM: L/ 28 '��i / /t / / , -c-C-S 0 %-/ 1 , 7 Or C / / �i ��i� 'i� 7'FI 15535 0 / •ice/ MMB 790/f f-50 C) - ��"..... � � : cr, ij li / / ti i/i ' N/GZ `� `C" J r l 50' 100' 2 0' 101 -� rri 15J� I _ ��� QP MMB 190/fl r-�50 GRAPHIC SCALE LI; / / FUSCOE ENGINEERING SAN DIEGO INC. / LOT' I \ 6390 ICH DR. STE 170 /J SAN DIEGO. CA 92122 MMB 52B/r 8 4 PHONE (858) 554-1500 t,ITY OF HUNTINGTON BEA(i-i MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PW 03-044 Council/Agency Meeting Held:2-7 -1-/3 Deferred/Continued to: ‘-t‘,:2 Z✓ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign ure Council Meeting Date: July 7, 2003 Department ID Number: PW 03-044 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ore, 0- , .1)N/ PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE GRANT OF EASEMENT AND ACCEPTANCE OF DRAINAGE FOR TRACT 15549 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The developer of the Waterfront Residential Development Tract No. 15549, PLC/Lyon Waterfront Residential LLC, is requesting that a Grant of Easement and Acceptance of Drainage agreement be executed and recorded. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Grant of Easement and Acceptance of Drainage for Tract 15549; and 2. Authorize the City Clerk to record the Grant of Easement and Acceptance of Drainage with the County Recorder. Alternative Action(s): Deny the recommended actions and provide staff with alternative directions. Analysis: The drainage from the Waterfront Residential development, Tract 15549, flows to Lot BB. The improvements in Lot BB treat the water run-off from the development. If Lot BB is sold in the future, the easement will allow drainage from the development in perpetuity. L G:\R C A\2003\03-044 July 7 Elliott(Grant of Easement).doc 4 6/17/2003 3:29 PM I REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PW 03-044 Environmental Status: The project is covered under Addendum Number 2 to the previously certified Supplemental Environmental Impact Report Number 82-2 pursuant to Section 15164 of the California Environmental Quality Act. Attachment(s): City Clerk's Page Number No. Description 1 Grant of Easement and Acceptance of Draina•e RCA Author: T. Elliott:jm G.\R C A\2003\03-044 July 7 Elliott(Grant of Easement).doc -3'- 6/17/2003 3:29 PM ATTACHMENT # 1 ;, in CITY OF HUNTINGTON BEACH �'`�' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 6, 2003 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ma, CA 92702 Enclosed please find the Easement Deed for Acceptance of Drainage for Tract 15549, by the City of Huntington Beach to PLC/Lyon Waterfront Residential LLC to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street,Huntington Beach, CA 92648. Please return a conformed copy of the Easement Deed when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures g:/followup/deeds/deedletter2003.doc Re:Easement Deed No. 5817—Nabil F.Kahale,a married man as his sole and separate property (Telephone:714-536-5227) 6...)_fil.1 %(s_erik co_..)04.1 WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE / DOCUMENTARY TRANSFER TAX IS S [NO TAX DUE] v .....Computed on the consideration or value of property conveyed,OR ' .....Computed on the consideration or value less liens or encumbrances I V remaining at time of sale. Si tore of Decl ant or Agent deter g tax—Firm Name GRANT OF EASEMENT AND ACCEPTANCE OF DRAINAGE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Grantor") hereby GRANT(S)AND CONVEYS to PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company("Grantee"), an easement appurtenant over that certain real property located in the City of Huntington Beach, County of Orange, State of California, described in Exhibit"A" attached hereto and incorporated herein by this reference(the "Easement Area")for the purposes set forth below. The easement herein granted is for the benefit of the Grantee's adjacent property described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Benefited Property"), which Benefited Property will be developed and improved as a single family attached residential community. The easement herein granted is for the purpose of accepting surface water runoff, sheet flow, and water discharge from various drainage pipes, culverts and other drainage improvements situated on the Benefited Property which are designed and intended to direct and discharge surface water from the Benefited Property on to the Easement Area. Grantor hereby consents to st:ch drainage and deposit of water onto the Easement Area and agrees to accept same in perpetuity for the benefit of the Benefited Property. Dated f4-1 4, ,2003 THE CITY OF HUNTINGTON BEACH, a 'cipal corporation of e State of California STATE OF CALIFORNIA ; 0.4.11 , ,cam COUNTY OF ORANGE } Mayor On 13v 4 j7L1I) • ;0 . ATTEST: before me, - of 4 • / • pgrso IyD eh i �� i�1fl�II I I 7.--- • � C City Clerk personally known to me - - - • • --- •• •. - • -•• .Pv icIP^^11)to be the person(s)whose names(s)is re ubsc '.cd to the APPROVED AS TO FORM: within instrument and��ac .wledged to me that he/sh• xecuted the same in his/he't' authorized capacity(ies), an. that by (VT Y f -/ ��3 his/fill, signatures s) on the instrument the persons) or the •Attorne. 'Q_ entity ...n behalf of which the person(s) acted, executed the l Iv3 /r `�'°) instrument. 1 b� (Thu area for official notarial seal) WITNESS my hand and official seal. This document is solely for the official business of the City of Huntington .�.:, KELLY LOUISE MANDIC Signature Beach,as contemplated under — Commission # 1372899 i Government Code Sec.6103 and !ri Notary Public - California f.Z lu�F o17y6�ocx>> should be recorded free of charge k`+� '. Orange Count 36314 t.o2 alM:12.03 ' r" My Comm.Expires Sep 1,2006i EXHIBIT"A" LEGAL DESCRIPTION OF EASEMENT AREA That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows: • 1066:017963.0002 364144.02 a0612r03 1002(1.94) i EXHIBrr 'A' THE EASEMENT AREA SUNRISE DRIVE I . — . . ._. . . • I I I ( • ( I I • I I i I LOT 'BB' y g - rR was MMB . I I • = I . G�� I ' • • 0 50' 100' 200' 400' Ell_� FUSCDE ENGIIJEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 EXHIBIT "B" THE BENEFITTED PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF MC COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXCEPTING THEREFROM ALL OF LOTS "AA"AND `BB" OF SAID MAP. EXHIBIT 'B' THE BENEFITED PROPERTY - - - - BEACH BLVD //Kip • / i s , , �. LDTAA �l 1 �! 0-// ./�D/ 1.�'� L®T BB jj � f �/ lj II � 7 I / I //iA TR 15549 MAS / — S•♦♦i 4i "-') I' 4 _ l / Af'$ - .,, NI NI aa 1 R 15535 izi/ i :Ari / Eir 6, • *-Ai N<Vk I Z- /////// <4) L rJ 1 2 i1 r r r r 0 50' 100' 200' 400' G 7Trf 1553, f L,� &musi Q� MM�` 7990/r�r-5� GRAPHIC SCALE • • FUSCOE ENGINEERING SAN DIEGO INC. / f rl7' 1 \ 6390 GREENWICH DR. STE. 170 •�1�; ?8/�,0J 7 SAN DIEGO, CA 92122 PHONE (858) 554-1500 (8) April 7, 2003 - Council/Agency Agenda - Page 8 E-5. (City Council) Accept Bid and Award Construction Contract to Elite Bobcat Service, Inc. for Speer Avenue and Liberty Avenue Street Improvement Project; CC-1142 - Oak View Neighborhood Enhancement Area (Street Widening, Curb and Gutter, Sidewalk and Landscaping) (600.50) — 1. Accept the lowest responsive/responsible bid submitted by Elite Bobcat Service, Inc. in the amount of$249,480 for the Speer Avenue and Liberty Avenue Street Improvement Project, CC-1142; and 2. Authorize the Mayor and City Clerk to execute a construction contract with Elite Bobcat Service, Inc. in substantially the same form as the attached sample construction contract. Submitted by the Economic Development Director and the Public Works Director. Funding Source: CDBG Fiscal Year 1999-2000, Street Improvements Account and Measure M, Miscellaneous Streets Account. Approved 6-0-1 (Sullivan absent) E-6. (City Council) Accept Huntington Beach Grammar School Grant Deed for the State Funded Safe Routes to School, Second Cycle Project, CC-1210 for Design and Construction of Street Improvements and Signal Poles e/o 17th Street and Palm Avenue (650.80) —Authorize the City Clerk to accept, record and file the Huntington Beach Grammar School District Grant Deed. Submitted by the Public Works Director. Funding Source: Not required. Approved 6-0-1 (Sullivan absent) E-7. (City Council) Approve Special Utility Easement Agreements and Authorize Public Works Director to Execute Re: Pipeline Repairs, Replacement and Surface Uses for All Applicable Future Developments (600.10) -Authorize the Director of Public Works to execute Special Utility Easement Agreements for all applicable future developments, in substantially the same form as the attached agreement, which has been approved as to form by the Office of the City Attorney. Submitted by the Public Works Director. Funding Source: Not applicable. Approved 6-0-1 (Sullivan absent) E-8. (City Council) Approve Correction Per Reimbursement Agreement to Transfer Funds into Planning Department Account for Payment of Environmental Impact Report (EIR) Prepared by RBF Consulting Relative to Poseidon Resources Corporation Seawater Desalination Plant Proposed on AES, Huntington Beach Property at Pacific Coast Highway and Newland Street (600.10)—Authorize the Director of Administrative Services to appropriate funds in the amount of$51,173 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69365. Submitted by the Planning Director. Approved 6-0-1 (Sullivan absent) E-9. (City Council) Approve Plans and Specifications and Authorize Advertisement of Bids for the Beach Outlet Storm Water Treatment Project, CC-1179 (600.75)— Approve the project plans and specifications and authorize the Director of Public Works to request bids for Beach Outlet Storm Water Treatment Project, CC-1179. Submitted by the Public Works Director. Funding Source: Proposition 13, 2000 Water Bond Act Grant. Engineer's cost estimate - $1,000,000. Approved 6-0-1 (Sullivan absent) r t • pe c gill I May 21, 2003 Ms. Terri Elliott, Principal Civil Engineer Public Works Department 2000 Main Street Huntington Beach, CA 92648 Subject: Waterfront Residential Tract No. 15549 Special Utility Easement Agreement Dear Terri: Enclosed please find a fully-executed original of the Special Utility Easement Agreement for the Waterfront Residential Tract No. 15549. Please forward the agreement to the City Attorney and City Administrator for their signatures, then to the City Clerk for acknowledgment and recordation. Would you please provide me with a copy of the recorded agreement for my files? Very truly yours, William D. Holman Director of Planning Encl: 19 Corporate Plaza Drive 949.721.9777 Telephone PLC Land Company Newport Beach, California 92660 949.729.1214 Facsimile • • '•-: , ' 'At - • ••• • • . . /0 F---6 k-/47//‘f7/0A-) °A)LY Recorded in Official Records, County of Orange RECORDING REQUESTED BY ) Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: ) 1III 1111111II11II 1IIIIIIIIIIIIIIIIIIIIIIIIIIII RHINO FEE 2003000700035 01:40pm 06/16103 City Clerk ) 211 95 E02 8 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street R-- (A), � //� (� f—`?-� Huntington Beach, CA 92648 (� :�1/�7L�IC.�,:,;� k'�•����-� `.''ACT As-5- / This document is solely fix the [Space above this line for Recorder ]- official business of the City P of Huntington Beach, as contain- This document is exempt from plated 'inder Government Code recording fees pursuant to r !�_ Sec. 6103 and Should be recorded Government Code Section 6103. C T free of char SPECIAL UTILITY EASEMENT AGREEMENT gel n e For valuable consideration, receipt of which is hereby acknowled ed PL /L'i *J t4T ► ah.t(jkt, t.LC- , (hereinafter "GRANTOR") hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California, (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, 03agree/specil utility easement/3/24/03 1 constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. Grantor retains the right to use the surface areas and the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as Grantor shall deem proper. Grantor may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at Grantor's expense. In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions without prior written approval from the CITY. There shall also be no less than 20 feet of clear vertical space immediately above the surface areas of the easement measured from fmished ground level, nor shall any trees be located within, or overhand into the easement, ground area. The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a minimum of inconvenience or hardship. CITY accepts the easement and right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement, CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement 03agree/specil utility easement/3/24/03 2 1 1 treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of Grantor; (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities;and (d) Hold Grantor and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. IN WITNESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein this day of ! ► /@ 200 3 . GRANTOR (J APPROVED AS TO FORM: By: Artliategy 51 City Attorney print name ''� 3 ITS: (circle one) Chairman/President/Vice _ • � _ President Director of Public Works By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: C' Administrator 03agree/specil utility easement/3/24/03 3 • PLC/LYON WATERFRONT RESIDENTIAL LLC,A Delaware limited liability company tred ory By: PLC WATERFRONT LLC, treY A Delaware limited liability company the By: PLC Homes LLC, A Delaware limited liability company By: e-A - 64 • Its: w re s; 1 rt By: Its: "u��-r►'t• -, By: LYON WATERFRONT LLC, A Delaware limited liability company • By: WILLIAM LYON HOMES,INC., a California corporation By: Its: ho mas J. Mitchell ni V'c Ptebidenl By: (fie Its: C . Morabito Assistant Secretary "Waterfront" • �.S c — STATE OF CALIFORNIA ) ) ss. COUNTY OF 07`— ) On 1012 -7 2003, before me, Roberta. M. Kern , Notary Public, personally appear Christopher C. Gibbs -d' Daniel()Bannon personally known to me o be the person(s) whose name(s) isal.ubscribed to within instrument and acknowledged to me th he/sh y) executed the same in • e' uthorized capacity(ies), and that by hisfhe their gnature(s) on the instrument the persons or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and offici seal. OFFICIAL SEAL \ + r: " •y .•. ROBERTA M.KERN Notary Public 4.,,,,lk NOTARY PUBUC-CAUFORNIA g- - a � COMR #1 RANGE COUNTY "' '" My Commission Exp.Dec.8,2004 [SEAL] STATE OF CALIFORNIA ) ) ss. - COUNTY OF ) On VV1CI, I g 2003, before me, v �1J s e Mena viol. , Notary Public, personally appe d b S . Pili-blAe. CAtt l S. or personally known to me (or proved 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. ° 4 Notary Public u.•��. OFFICWL SEAL. [SEAL] .- 1� SUSAN E.MENARD 0 „� �/+�7 NOTARY PUBUC-CAUFORNIA ! Vtit4=JA" COMMISSION#1234018C N ORANGE COUNTY IMy Commission Exp.Sept 5,2003 1 . , ' EXHIBIT "A" SPECIAL UTILITY EASEMENT AGREEMENT THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH,RANGE 11 WEST, OF THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS,RECORDS OF THE COUNTY OF ORANGE,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF THE LAND SHOWN ON THE MAP OF TRACT NO. 15549 FILED IN BOOK 842,PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS EASEMENTS "C","D"AND "E" ON SAID MAP. w . EXHIBIT A' SPECIAL UTILITY EASEMENT — - - BEACH BLVD -) c 7 Ift / r / \C--- lw / / -` co TR 15549 ����i'' �0MMB 842 /28-44 4.410 • / . //// //,";/. . • .%/4, 'kti ----_ 41, r/l/�/////// i Z QMN MIME 'r 0 50' 100' 200' 400' _ IlliiMME GRAPHIC SCALE FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 PHONE (858) 554-1500 • RECORDING REQUESTED B' This Document s electronically recorded by FIDELITY NATIONAL TITLE Fidelity National Major Accounts `"l- l 2Y ! u U - I Recorded in.Official Records,!County of Orange RECORDING REQUESTED BY Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: -//uT�lLrnM-7 v l 1 ii IIII1 li II 11E1'1IIII 1111 NO FEE City Clerk QiUL.-V 2003000690324 04:30pm 06/12/03 City of Huntington Beach 117 27 E01 18 2000 Main Street S3° I 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 _ document 1s sv�etYfbr�+v �//e / //0/�� //U , � . / 1 ( This official business of the City (Space Above For Recorders Use) 01163111* of plated Huntington Beach. %O C TEMPORARY CONSTRUCTION EASEMENT T �GT5�9 plated under yr. Sea 6103 and ehotild be rolMl lt& .CoT ",dd" /nJ J.rt39 free Oaf chi THIS TEMP RARY CONSTRUCTION EASEMENT (this "Agreement") is entered into as of �Uta2, ' , 2003, by and between the CITY OF HUNTINGTON BEACH, a public body, corporate and politic (the "City"), and PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company ("Waterfront"). The City and Waterfront are each referred to herein individually from time to time as a "Party" and collectively, as the"Parties". r!.al: ".0I+Ii Ilt 'jld>•fr,.•III 4,- RECITALS A. Waterfront is th owner of certain real property situated in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Waterfront Property"). B. The City is the owner of certain real property situated'adjacent to the Waterfront Property as more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "City Buffer Property"). C. The City Buffer Property acts as a buffer between the Waterfront Property and designated wetland areas located to the southeast of the Waterfront Property. D. As a Condition of Approval for the development of the Waterfront Property as a residential subdivision, the City and/or the Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic (the "Agency") are requiring certain improvements to be constructed by Waterfront on the City Buffer Property. E. The City is willing to grant certain temporary access, egress and construction easements and rights across and within the limits of,the C. ,41f Rroperty,for the benefit of the Waterfront Property in exchange for the agreements and covenants of Waterfront set forth herein. NOW, THEREFORE, incorporating the foregoing recitals, and for other fair and valuable consideration, the receipt and adequacy of which is hereby acknowledged. the City and Waterfront agree as follows: 1066/017963-0002 364096 01 a06/04/03 1. Granting of Construction, Maintenance and Access/Egress Easement. As of the execution of this Agreement, the City hereby grants to Waterfront a temporary appurtenant easement for the benefit of the Waterfront Property (the "Easement") upon, in, over, under and along the City Buffer Property (the "Easement Area"), together with all necessary and convenient means of ingress and egress to and from such area for the purposes of the construction, reconstruction, replacement, service, maintenance, and repair of any and all improvements required to be constructed on the City Buffer Property under the Conditions of Approval as imposed by the City and/or the Agency (collectively the "Improvements"). The foregoing Easement includes, without limitation, the right of Waterfront to conduct such grading activities as may be required in connection with the construction of the Improvements. Waterfront shall be responsible for the costs associated with the construction and installation of the Improvements, Storm Water Pollution Prevention Permitting, notification and other related requirements. 2. Termination of Easement; Maintenance of Improvements. Until the City or the Agency has agreed in writing to accept responsibility for maintenance of the Improvements, Waterfront shall be responsible for maintaining the Improvements in good condition and repair. Upon completion of construction of the Improvements in accordance with City standards and requirements, the City shall, by written agreement, accept maintenance of the Improvements and release Waterfront from any further liability for the maintenance obligations in relation thereto. At such time as the City assumes such maintenance responsibilities, the rights and access under the Grant of Temporary Construction Easement shall terminate and Waterfront shall have no further obligation under this Agreement with respect to such matters. 3. Standards Governing Construction and Use. Waterfront shall construct and maintain the Improvements in compliance with all applicable laws, rules, regulations, governmentally approved improvement plans and programs and governmental permits. Construction of the Improvements shall be completed no later than December 31, 2004; provided, however, such date for completion shall be extended on a day for day basis for the duration of any force majeure events. A "force majeure event" shall mean and refer to acts of God, inclement weather, material or labor shortages, strikes, governmental moratoria or delays, and other matters beyond Waterfront's reasonable control (financial inability excepted). For purposes of this Agreement, the Improvements shall be deemed to be "completed," and "completion" shall be deemed to have occurred, when the physical construction of the Improvements has been substantially completed in accordance with the City's approved plans for the construction of such Improvements, as evidenced by a certification provided by City's engineer. 4. Indemnification, Defense, Hold Harmless; Insurance: Waterfront hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Waterfront's employees and damage to Waterfront's property, arising directly or indirectly out of the actions of Waterfront on the City Buffer Property in connection with the Improvements, caused in whole or in part by any negligent act or omission of Waterfront, any subcontractors, anyone directly or 1066/017963-0002 364096.01 a06/04/03 —2 4 indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. Waterfront will conduct all defense at its sole cost and expense and CITY shall approve selection of Waterfront's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation uponthe amount of indemnification to be provided by Waterfront. Pursuant to California Labor Code Section 1861, Waterfront acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Waterfront covenants that it will comply with such provisions prior to commencing performance of the work on the City Buffer Property in connection with the Improvements. Waterfront shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Waterfront shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Waterfront shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Waterfront shall similarly require all subcontractors to waive subrogation. In addition to the workers' compensation and employer's liability insurance and Waterfront's covenant to defend, hold harmless and indemnify CITY, Waterfront shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage, covering all of Waterfront's activities on the City Buffer Property in connection with the Improvements. This policy shall indemnify Waterfront, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with Waterfront's activities on the City Buffer Property in connection with the Improvements, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general Laggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for Waterfront's activities on the City Buffer Property in connection with the Improvements. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to Waterfront's activities on the City Buffer Property in connection with the Improvements shall be deemed excess coverage and that Waterfront's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 1066/017963-0002 364096 01 a06/04/03 -3- Prior to commencing performance of the work hereunder, Waterfront shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. Waterfront shall maintain the foregoing insurance coverages in force until the activities performed by Waterfront on the City Buffer Property in connection with the Improvements is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the Waterfront's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Waterfront shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. Waterfront shall provide a separate copy of the additional insured endorsement to. each of Waterfront's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to the commencement of any of Waterfront's activities on the City Buffer Property in connection with the Improvements. 5. Successors and Assigns; Covenants Running With the Land. The rights and obligations of the Parties hereunder shall constitute covenants, benefits and burdens which run with the land and which shall be binding upon, and inure to the benefit of, the successors and assigns of each Party hereto as the owners of the Waterfront Property and the City Buffer Property, respectively. Each Party shall, from and after the transfer of all or a portion of the real property owned by that Party which is subject to the terms hereof, be released from all obligations hereunder which accrue with respect to the real property so transferred after the date of such transfer. 6. Notice. In the event that any notice is given under this Agreement, it shall be personally delivered, in which case it shall be effective upon delivery, or may be mailed by certified mail, which notice shall become effective three (3) days after mailing, to the addresses set forth below: To Waterfront: PLC/LYON WATERFRONT RESIDENTIAL LLC c/o PLC Land Development Company 19 Corporate Plaza Drive Newport Beach, CA 92660 Attn: Christopher Gibbs 1066/017963-0002 364096.01 a06/04/03 -4- To City: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attn: Robert F. Beardsley Director of Public Works Either party may change its address for notices by giving notice to the other party in the manner herein provided or may request that not more than two (2) additional copies of any notice be sent to addresses specified in a notice to the other party given pursuant to this paragraph. 7. Attorneys' Fees. In the event that a dispute arises between the parties under this Agreement, the prevailing party in such dispute shall not be entitled to recover from the other party its reasonable attorneys' fees and out-of-pocket costs. Each party shall bear its own attorneys' fees and costs. 8. Integration; Governing Law. This Agreement shall be construed in accordance with its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. 9. Counterparts. This Agreement may be executed in any number of counterparts which,when taken together, shall constitute a fully-executed original. [Signature Page Follows] 1066/017963-0002 364096.01 a06/04,03 -5- • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. PLC/LYON WATERFRONT RESIDENTIAL, LLC, a Delaware limited liability company By: PLC Waterfront LLC, A Delaware limited liability company, its managing member By: WB IV/PLC Homes, LLC, a Delaware limited liability company, its sole member By: `� -- Christopher C. Gibbs, President By: Daniel O'Bannon,Secretary By: Lyon Waterfront LLC, a Delaware limited liability company By: William Lyon Homes, Inc.,. a Califord rporation By: Richard S. Robinson Its: Senior Vice President By: (-CTomas J. Mitchell Its: Senior Vice President "Waterfront" [Signature Page Continues on Next Page] 1066/017963-0002 364096.01 a06/04/03 -6- • i THE C OF TINGTON B H By: / A Its: Doers of /Sae Gdoe- T 'City" F S I" T' Y ATT • ..t :,`-';(:z_c) v. APPROVED AS TO FORM: � Vl 4,1U3 Its: cLA.4 ot,to-miry. • 1066/017963-0002 364096.01 a06/04/03 -7- STATE OF CALIFORNIA ) ) ss. COUNTY OF Ova r) ) On 1 LA it e, 4. 2003,,before me, Tr vy I'yi 1.i.l , Notary Public, personally appeared Ch 0s-rcpk1r C 61 Dan'cif a&MD, / personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-is .�.ubscribed to the within instrument and acknowledged to me that-lie/sheyj executed the same in itisihetauthorized capacity(ies), and that by hs/her 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. Commission#E 1415241 NotaryPub ; --�� Notary P+�biic-California • �s.% oarws ca.w 3 - _ _ MyCoanan.Ei MQI►3.20071 [SEAL] - STATE OF CALIFORNIA ) ) ss. COUNTY OF orct n ) On --Z-U vie. 5 2003 before me,StOsa� e "1enarot ,Notary Public, personally appeared �► 'C l'ay' S . t� ''N so IJ &AAA M kS J• t I C1}€l.t_, personally known to me (or proved 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. Notary Public }•::. OFFICIAL SEAL SUSAN E MENARD j_ i;; •- NOTARY PUBUC-CALIFORNIA W SEAL `1 'JA" COMMISSION 0 1234018 C [SEAL] ` ORANGE COU My Commission Exp.Sept.5,2003t 1066/017963-0002 364096.01 a06/04/03 -8- STATE OF CALIFORNIA ) ) ss. COUNTY OF ) ) On �� 9 2003 before me, n '/�oNotary Public, personally appeared -e1Z ) ,/63W personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name() is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theAr 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 persons}acted, executed the instrument. Witness my hand and official'seal. KATHtEEN NELSON r Conmtssion•126e758 64143 ) No Publi lioioy ArbQc-carom* Notary \l"rr/ [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On 200_, before me, , Notary Public, personally appeared personally known to me (or proved 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. Notary Public [SEAL] 1066/017963-0002 364096.01 a06/04/03 -9- EXHIBIT "A" THE WATERFRONT PROPERTY -\ THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXCEPTING THEREFROM ALL OF LOTS "AA"AND "BB" OF SAID MAP. • EXHIBIT A. _THE WATERFRONT PROPERTY _ _ _ _ BEACH BLVD • / I �, LOT AA / I . . II 1 � 4,i LOT BB II II II II / I / I I // TR L5549MMB ' 2- ZQ' - • �•-'111.111140:# / / * ��i iCS / / //if, i . . 4.40°?>1 //iP/ r . , z1 �I TR 16535 , / i���i, j\1MB 79. 0/4 fl-50 A Ur 2 V /�1 . iiiN* ----- /It' spa /G -LOT fN- 1/1/ Z /� 0 50' 100' 200' 400' QG TR 16635 ismi Nim NIM790/'fJJJe GRAPHIC SCALE Lf: / / \ FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 / LOT 1 \ SAN DIEGO, CA 92122 J%INIB 528/5 4 PHONE (858) 554-1500 • EXHIBIT "B" THE CITY BUFFER PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14,TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. LOT "BB" AS SHOWN ON THE MAP OF TRACT NO 15549, RECORDED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. EXHIBIT 'B' THE CITY BUFFER PROPERTY SUNRISE DRIVE I I I I • I I I • I I i I LOT 'BB' • TR 15549 _ 4 I 1 • q � / I • I 0 50' 100' 200' 400' 01111 FUSCOE ENGINEERING SAN DIEGO INC. MIN 6390 GRmVWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 • ' . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r`,,,,,,Sc.C>,c,,,f, .GK. ,,GK`.GG,<!--i'•'.G`f>"G.,:c ,z‹-.f`Q. .c.. .c‹:c.0•c:c<`.G(`.Gf`.Gcf,:c‹�G`C•`-.c.,:z•nc•P..ce..GC`.e<:-..4.,--.e .Gf..C•P.,-x,..GK" -ce-,c\-xxy, rl State of CA-I,F'DiC Q 4- '� g ( County of tJ(r LI r On 3 ur►e- III -o D 3 before me, Los e- /I'f i C I + Date Name and Title of Officer(e.g., ry"Jane Doe,Nota Public') personally appeared ('onvl l a 1 r ,4-� R (, /Names)of Signer(s) j (personally known to me-OR-❑p v d tr,r„o r,r,the hasis of saticfactr y 8y1d8 ce to be the person �i, ( whose name( /are subscribed to the within instrument ,t> and acknowledged to me that he/they executed the same in hiss ear their authorized capacity(ies),and that by ( his/ r'their signature(8 on the instrument the person($- or the entity upon behalf of which the person(a)-acted, ( executed the instrument. ( �,„ KELLY LOUISE MANDIC 3 <i L Commission it 1372899 WITNESS my hand and official seal. i 5 .r_:- -K z .1 ( i■*I., :��M Notary Public - California > _ Orange County 0 • My Comm.Ex es Sep 1,2006 Signature of Nota lic 74 OPTIONAL - ) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent C fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 / 1 Title or Type of Document: d it �e*-S�r-ci - PL G C ) ,'1 (P C.la 1 A Document Date: J✓n-e 11 a-C?) 3 Number of Pages: G .Jars 0,6.I; i %y(;47e_ Signer(s) Other Than Named Above: ( 4...( $i.ca4 / C / 11 Capacity(ies) Claimed by Signer(s) U // 1 1. Signer's Name: n s?[ E. !'Uc,<�A- Signer's Name: 1 ..I (, E Individual ❑ Individual 1 rl , C.Corporate Office r / 0 Corporate Officer Title(s): L.-f f C`ti6/C.. Title(s): le ❑ Partner—❑.Limited E General ❑ Partner—❑ Limited ❑ General ( - Attorney-in-Fact ❑ Attorney-in-Fact ( = Trustee ❑ Trustee ( - Guardian or Conservator RIGHT THUMBPRINT RIGIITTHUMBPRINT OF SIGNER ❑ Guardian or Conservator OF SIGNER l Other: Top of thurrb here [) Other: Top cf thumb here 1 l`I l Signer Is Representing: Signer Is Representing: I.1 ok. / . i . , l t I' ig <r ryr_ y y L�cc W`�Y ` <:x,<,`-'Y �-NW W `�Y W`-^V W `�cc<,, , W`-'Y`=cW`�Y W`-.V `�Yc `-.Yy.:TJ ©1995 National Notary Association•8236 Remmet Ai.e. P.O.Box 7184•Canoga Park.CA 9'209.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Tracy L. Gemmill Date Commission Expires: 05/03/07 County where bond is Filed: Orange Commission No.: 1415241 Manufacturer/Vendor No.: NNA1 Place of execution-- Newport Beach Date.- June 1,.2, 2003 FIDELITY NATION , Ni IT E COMPANY I Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Susan E. Menard Date Commission Expires: 09/05/03 County where bond is Filed: Orange Commission No.: 1234016 ManufacturerNendor No.: SIU1 Place of execution-= Newport Beach Date - June 12, 2003 FIDELITY NATIONAL T LE COMPANY Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Kathleen Nelson Date Commission Expires: 06/25/04 County where bond is Filed: Orange Commission No.: 1268758 Manufacturer/Vendor No.: NNA1 Place of execution-- N �ort Beach Date - June. 12, 2003 . FIDELITY NATION A 7TLE COMPANY Government Code 27361 .7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Kelly Louise Mandic Date Commission Expires: 09/01/06 County where bond is Filed: Orange Commission No.: 1372899 Manufacturer/Vendor No.: NNA1 Place of execution---Newport Beach Date - June 12, 2003 FIDELITY NATION L TI LE CO PANY