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HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) - 2020-01-21 L--1/E .Z19 6Atec.i fyPPkYJVED 3--O 0NTiNcrY'' 0 �pF�•t6PPbgAF�•,.,L�. 1101041 . � = City of Huntington Beach File #: 19-1277 MEETING DATE: 1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Tom Herbel, PE, Acting Director of Public Works Subject: Approve and authorize execution of two Landscape Maintenance Agreements with the State of California Department of Transportation (Caltrans) for Pacific City Retail and Pasea Hotel for Maintenance of Landscape Improvements within the State Highway Right of Way on Pacific Coast Highway (PCH) Statement of Issue: Two Landscape Maintenance Agreements between the City and the State of California (Caltrans) are presented for City Council approval and execution for the public landscape areas within the State highway right of way in front of the Pacific City Retail and Pasea Hotel projects on Pacific Coast Highway. Financial Impact: Not Applicable. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute and record the "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" for the Pacific City Retail project (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute and record the "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" for the Pasea Hotel project (Attachment 2). Alternative Action(s): Do not authorize execution of the two agreements, and direct staff accordingly. This alternative action will prevent the typical transfer of maintenance obligations (from State-to-City and City-to-Developer) for landscaping improvements within the State right of way on Pacific Coast Highway. Analysis: City of Huntington Beach Page 1 of 2 Printed on 1/15/2020 power LegistarT' File #: 19-1277 MEETING DATE: 1/21/2020 The Pacific City Retail Redevelopment and Pasea Hotel projects are located at 21002 and 21080 Pacific Coast Highway, respectively. The projects' development requirements included the construction and future maintenance responsibilities of landscaping and hardscape improvements within the public right of way along their street frontages. To document these responsibilities, the developer/owner(s) are required to execute the appropriate landscape maintenance agreement(s) for all landscaping, irrigation, street furniture and enhanced hardscape that encroaches into the State (Caltrans) right of way along Pacific Coast Highway and into the City's rights of way along First Street and Huntington Street. In addition to landscaping and irrigation, the agreements also address sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for areas in State and City right of way. With respect to the State's right of way along Pacific Coast Highway, it is Caltrans' policy to only enter into such agreements with other governmental agencies, not with private developers/owners. Consequently, there are three agreements necessary to adequately address these landscape maintenance responsibilities: two agreements (one for each project) between the State of California and the City of Huntington Beach (Attachments 1 and 2), and a third, "companion" agreement between the City and the private developer/owner (s) (Attachment 3), which effectively transfers the maintenance responsibilities from the City to the developer/owner(s). This "companion" agreement was executed between the City, 20112 HB and PC Group Retail is included as Attachment 3 for reference. The State has now provided two "Landscape Maintenance Agreement(s) within State Highway Right of Way on Route 1 within the City of Huntington Beach" (Attachments 1 and 2), which are currently presented to City Council for approval. These agreements have been reviewed and approved by Caltrans, Public Works staff and the City Attorney's Office, which are now ready for approval by City Council for execution. The Director of Caltrans will only sign and execute the subject agreements following the City's approval and signatures. Public Works Commission Action: Not required. Environmental Status: These agreements are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" for the Pacific City Retail project. 2. "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" for the Pasea Hotel project. 3. Executed "Amended and Restated License and Maintenance Agreement" (between the City, 20112 HB and PC Group Retail) City of Huntington Beach Page 2 of 2 Printed on 1/15/2020 powere504 LegistarTM LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 1 WITHIN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made effective this 01/ day of CJGnua r / , 20-N by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as"STATE"and the CITY of Huntington Beach;hereinafter referred to as"CITY" and collectively referred to as"PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number 1215-6RT-0199. 2. This Agreement addresses CITY responsibilities which can include but are not limited to landscaping, irrigation, planting, irrigation systems, mulches, litter control and weed removal (collectively the "LANDSCAPING") as well as CITY responsibilities which can include but are not limited to sidewalks and parking restriction signs (collectively the "IMPROVEMENTS") placed within State Highway right of way on State Route 1, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING and IMPROVEMENTS as shown on said Exhibit"A." 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit"A"which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 2. CITY agrees, at CITY expense, to do the following: 2.1. CITY may install,or contract,authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E)pre-approved by STATE. 2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. 2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit"A"are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 2.10. To MAINTAIN,repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2 2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays(herbicides)shall comply with all laws,rules,and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17)to the STATE to: Department of Transportation District 12, Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.12. To remove LANDSCAPING, IMPROVEMENTS and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING and IMPROVEMENTS on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. 2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING and IMPROVEMENT system component that has become unsafe or unsightly. 2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface,and the removal of dirt,debris, graffiti,weeds,and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING and IMPROVEMENTS in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING, and IMPROVEMENTS , street lighting systems, sidewalks/bike paths and signs by a STATE representative. 2.19. To keep the entire landscaped area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3 3. STATE agrees to do the following: 3.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES: 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING and IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING and IMPROVEMENTS at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING and IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to,tortious, contractual,inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions 4 of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 5. PREVAILING WAGES: 5.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work.Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 5.2. Requirements in Subcontracts-CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 6. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 6.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a form satisfactory to STATE, along with a signed copy of the Agreement. 6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 5 7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 8. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TOKS OMISHAKIN Mayor Director of Transportation Initiat=.an. • pproved By: By: City Manager Mo 'ca.Kres Wooster Deputy District Director Operations and Maintenance District 12 By: (i. 0 Publ Works Di ctor ATTEST: By: W 'a /96sitity Cler By: Ci Attorney AW 6 . , EXHIBIT "A" IMPROVEMENT AREA PER MAINTENANCE AGREEMENT I • s., . • FIRST STREET i .. •se. 1. ...lb.!—.- [1 . .. . . ... . , % il ,,,...„-::::,,,:;- -,,--- -I • , 1 II SIDEWALK . -,,, ........_ ,...... .----_, r , 11 _ . -----,---4.,,, 1-_- .. II .--.-.- 1 il I CALTRANS .. 1 RIGHT OF WAY — : A ,i.....t 1 ii r , I I I . 1 c•—•- • , 1 11 I LANDSCAPE 4).AO_ BLDG A / 1 Ilt 0 . i .., I I{ ed0 1 '" • 1 11 f " • • • IA i % - •' • II ' . ' . . .. . . . ..,, 1--1 • • f...,,......,7 CURB & -: 1-.:,4t5— —"--7::A.0 I FIC CITY' GUTTER / I , RETAIL PORTION 1 I t nI—I ,........ .: - '-.t-2102.2 PACIFIC COAST HIGHWAY 0 r-) ' —r 77 HATINGTOA,1 BEACH A, . II 1 :.• .'.. :- . :.t4 P N 024.-2, —01 F .1 —.-,1 , ., „.,, •,,,, . ,, , • . . . . . . , . , . • •. -, I ..., .,. 1 20 0 40 ..— , • , , _ , V ' 1M ---- ',:y....P,e,'-.`-:'.-..•.• '. ' .r_ _ GRAPHIC SCALE: 1"=40' , i . CALTRANS --1;= . . . .. . . . . , • . . i .. . 1, RIGHT OF WAY LEGEND . ;1 • .pi _ rv: . r) . . .-. 1 -- r" LANDSCAPE AREA TO A I p_.:..-:.7 • "' • - BE MAINTAINED BY CITY 11 r I 1_,..., 1 ..: 7 ...aS-'1._ BLDG D VA OF HUNTINGTON BEACH II _ , •,. HARDSCAPE AREA TO _tl I . , • %,......11 • • . ':',-.. BE MAINTAINED BY CITY t t . . • - OF HUNTINGTON BEACH •t .or III I ., .. -- CITY OWNED SiREET LIGHT 11i LANDSCAPE A i 16, I I ° • WITHIN STATE RIGHT OF k • ' ' . . _. WAY TO BE MAINTAINED BY 1 r I • -I :% . - v -1 ' . . CITY OF HUNTINGTON BEACH 0 1 11 SEE SHEET 2 ' - DATE PREPARED: 10/16/2019 1215-6RT-0199 SHEET 1 OF 3 PREPARED BY: PREPARED FOR: "PACIFIC CITY" i 1 HUNSAKER & ASSOCIATES DIM CAPITAL PARTNERS INC TRACT 16338 - LOT 2 ,....0, 1R VI N E , I NC . 21022 PACIFIC COAST HIGHWAY RETAIL PORTION HUNTINGTON BEACH CA 92641! -r' PLANNING • ENCINURING • SURVEYING 21022 PACIFIC COAST HIGHWAY P.714E45,9090 TN.itch .MIA CA 9261$•Pit N49 9114010•ft(940 MO59 CONTACT:BRET THORNTON HUNTINGTON BEACH CA 92648 PLO1TED BY: Tin Huynh DATE: Oct. 16, 2019 06:33:37 PM FILE: L:\PocificCity\SA_DJM Retail\Exhibils\Exh_LMA Maintenance\SHT01.dwg , t SEE SHEET 1 'i J I •II I, r I I BLDG 0 I i' øI II 1 i J r//.^ ,fir i I 1 , 4 4l ,, } 1 1 r t ly I .\\ 4 fr v. 1/I 1 \j I\ \ LANDSCAPE fx 3 :6"... , ' t.ems•.. ll 4 k 3. i 11I I.1 u .. .. 1 i i TRANS `C :,k—<,, 1 CAL WAY } I 1iRIGHT OF ,I x.t�» ��. EDGE SIDEWALK 11 � � IIII[1 1 i II I+ g .\fc '\ \ "PACIFIC CI,TY'_, I +% \ RETAIL PORTION.i{ ? 11 1 \ 21022 PACIFIC COAST HIGHWAY 11 , \ HUNTINTON. EACH=: .,_.:... r APN 024-2/ -01: :': ' -`- N� ! `;s CURB & ��}`� 1 GUTTER II iI1 5G , 1CALTRANS ;RIGHT OF WAYkip ► v '• 1 t� 20 0 40 / II '� •'' I 'd 1111111 - I Ii it GRAPHIC SCALE: 1"=40' — FLANDSCAPE ' _s• LEGEND \i// I 0 LANDSCAPE AREA TO j BE MAINTAINED 8Y CITY // OF HUNTINGTON BEACH I II .....Ilik .\. •. HARDSCAPE AREA TO `:>' .ii =-�s BE MAINTAINED BY CITY �_ L " - "" OF HUNTINGTON BEACH l L_.. .. , r CITY OWNED STREET LIGHT SIDEWALK �. .I _. WITHIN STATE RIGHT OF I 1 s ` 1 Bcoc e WAY TO BE MAINTAINED BY CITY OF HUNTINGTON \\11 BEACH 1 DATE PREPARED; 10/16/2019 SEE SHEET 3 1215-6RT-0199 SHEET 2 OF 3 PREPARED BY: PREPARED FOR: "PACIFIC CITY" DJM CAPITAL PARTNERS INC. TRACT 16338 • LOT 2 H U N S AICfi R &VINE ,ASSOCIATESINC . . 21071 PACING COAST HIGHWAY RETAIL PORTION ` MANNING IR • ENGINEEING • SURVEYING HUNTINGTON BEACH U 9iW! 21022 PACIFIC COAST HIGHWAY Hem Nyha•w`w a fxcu•nt ts4W suww•Pk(wW se30759 P' NTACT:90 HUNTINGTON BEACH CA 92648 CANfAR:6REf THORNfON PLOTTED BY: Tin Huynh DATE: Oct. 16, 2019 06:34:13 PM FILE: L:\PacificCity\SA_DJM Retail\Exhibits\Exh_LMA Maintenance\SHT02.dwg SEE SHEET 2 , 1\1 I CALTRANS B1DCE ) \\\\ I RIGHT OF WAYt _ a - SIDEWALK I .. , \ \1 j; IS I', '1\\ Ik' / \, \' ' \ \ .. }} \ . \ \ LANDSCAPE 0i + ` i:._::.:; stoc c 0 . _.,\\ . • - I i . . ! � `} 1 F \ t t ' "PACIFIC CITY' 'i i k, % RETAIL PORTION CURB & ## GUTTER 11022 PACIFIC COAST HIGHWAY i 1 I HUNTINGTON BEACH n }\i/ } 11 APN 024-272-01 -�, } , , , , O • �� , i , �; 1 sincM ' i\�GP \ \r) Ib -, r i /* , I - 1 t1 20 0 40 S I �1 .1 1 —_ C 1 I LANDSCAPE y 1 l\,,,\ tGRAPHIC SCALE: 1"=40' ' �; , LEGEND 1 I 1 1 ' G 1 !; I 1 1• I (I LANDSCAPE AREA TO 1 � \TT CALTRANS I BE MAINTAINEDACAPE AREA TO 1 7� } BE BY CITY OF HUNTINGTON BEACH '�: it it • / 1 } ' CITY OWNED STREET LIGHT 'i iI 1 WITHIN STATE RIGHT OF , WAY TO BE MAINTAINED BY l CITY OF HUNTINGTON , BEACH DATE PREPARED: 10/16/2019 1215-6RT-0199 SHEET 3 OF 3 PREPARED BY: PREPARED FOR "PACIFIC CITY" D)M CAPITAL PARTNERS INC. TRACT 16338 - LOT 2 H U N SAKE R 6c ASSOCIATES ZION PACIFIC COAST HIGHWAY RETAIL PORTION '���` I R V I N E I N C HUNTINGTON BEACH CA 92648 21022 PACIFIC COAST HIGHWAY `�)` PLANNING • ENGINEERING • SURVEYING P.714A4S9090 Thee Mugha•Ihix•U 9261E•PR(4/9)5811010•FJt(919)583-0759 CONTACT.BRET THORNTON HUNTINGTON BEACH CA 92648 PLOTTED BY: Tin Huynh DATE: Oct. 16, 2019 06:30:50 PM FILE: L:\PacificCity\SA—DJM Retail\Exhibits\Exh_LMA Maintenance\SHT03.dwg • EXHIBIT "B" TRAFFIC SIGNAL AND LIGHTING Caltrans and CITY of Effective , 20 BASIS OF COST DISTRIBUTION State-Owned and Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY Utility-Owned and Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY ® DATE(MMlDD1YWY) A►�Ro CERTIFICATE OF LIABILITY INSURANCE 16I1812019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Ryan Jacques Arthur J.Gallagher&Co. Insurance Brokers of CA. PHOINCxNo.EMI:949-349-9831 FAX No):949-349-9931 1255 Battery Street#450 E-MAIL San Francisco CA 94111 ADDRESS: Ryan Jacques@ajg.com INSURER(S)AFFORDING COVERAGE NAIC* INSURER A:Lloyd's Synd 2987 INSURED HUNTBEA-19 INSURER B:Allied World Insurance Company 22730 City of Huntington Beach INSURERC: 2000 Main Street Huntington Beach CA 92648 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:832694276 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUER POLICY EFF , POLICY EXP LTR INSR TYPE OF INSURANCEINSD WVD, LIMITS POLICY NUMBER (MM/DDIYYYYI IMM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL 8.ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ $ OTHER; COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS. ONLY (Per accident) $ A UMBRELLA LIAB X OCCUR Y PK1037319 7/1/2019 7/1/2020 EACH OCCURRENCE $$7,000,000 B BK1168714A 7/1/2019 7/1/2020 AGGREGATE $$7,000,000 X EXCESS LIAB CLAIMS-MADE SIR $$1,000,000 DED RETENTION$ - PER OTH- WORL<ERSCOMPENSATION STATUTE ER AND EMPLOYERS'LIABILITY Y IN ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE $ (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The State of California,its officers,agents and employees are included as additional insured solely with respect to bodily injury and property damage arising out of the operations as described by or on behalf of the named insured as required by written contract per endorsement attached.As respects to Maintenance Agreement at 21022 Pacific Coast Highway,Huntington Beach,CA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE State of California THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Department of Transportation Attn: Roberta Hettick-Maintenance Manager Caltrans District 12 AU HORIZED REPRESENTATIVE 1750 East 4th Street F Santa Aria CA 92705 la', ,1 ;'� i (/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 1 WITHIN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made effective this c)I' ' day of 3GiniIAnj ,2020, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as"STATE"and the CITY of Huntington Beach;hereinafter referred to as"CITY"and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number 1214-6MC-0159. 2. This Agreement addresses CITY responsibilities which can include but are not limited to landscaping, irrigation, planting, irrigation systems, mulches, litter control and weed removal (collectively the"LANDSCAPING") as well as CITY responsibilities which can include but are not limited to sidewalks and parking restriction signs (collectively the "IMPROVEMENTS") placed within State Highway right of way on State Route 1, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. In consideration of the mutual covenants and promises herein contained,CITY and STATE agree as follows: 1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING and IMPROVEMENTS as shown on said Exhibit"A." 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit"A"which will be made a part hereof and will thereafter supersede the attached 1 original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 2. CITY agrees, at CITY expense,to do the following: 2.1. CITY may install, or contract,authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE. 2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. 2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit"A"are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public_ 2.10. To MAINTAIN,repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2 2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays(herbicides)shall comply with all laws,rules,and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17)to the STATE to: Department of Transportation District 12,Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.12. To remove LANDSCAPING, IMPROVEMENTS and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is teiuiinated as set forth herein. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING and IMPROVEMENTS on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. 2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING and IMPROVEMENT system component that has become unsafe or unsightly. 2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface,and the removal of dirt,debris, graffiti,weeds,and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING and IMPROVEMENTS in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING, and IMPROVEMENTS , street lighting systems, sidewalks/bike paths and signs by a STATE representative. 2.19. To keep the entire landscaped area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3 3. STATE agrees to do the following: 3.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES_ 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING and IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING and IMPROVEMENTS at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING and IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend,indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to,tortious,contractual,inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including,but not limited to, tortious, contractual, inverse condemnation or other theories or assertions 4 of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 5. PREVAILING WAGES: 5.1. Labor Code Compliance-If the work perfoimied on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work.Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 5.2. Requirements in Subcontracts-CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 6. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STA FE with a signed copy of this Agreement. 6.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a fo;im satisfactory to STATE, along with a signed copy of the Agreement. 6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily • injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 5 7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES,and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 8. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 40•1By. TOKS OMISHAKIN r Director of Transportation Initia Approved By: By: City Manager Monica Kress-, ooster Deputy District Director Operations and Maintenance District 12 By: �.. Public orks Director ATTEST: By: 4 ity Cl By: i ttorney �/ 6 U- 0 W y T T CD C7 H SUh °":Litui— d ; d ..//-...1.41"...°°1 tlII AT `�, �' z _ ,i - - ---------- r ,- 1,-9'4. r ■ �: • - LLI Y CLIP W P I CA C1: /� : Q., i1 0 Li .•.., + i `c l 4 C� (V Q C7 i�� �1 41 Z i3 Ili 0 �' d Li Q C� O Q 2 n 133: ._u)A I- m co z i •�?-....h_ ;>3>- jai''}l 4 0 LLI CJ (Il N =r y -'j' ''y C= I ill- ra re, it =-N, w -., _• c) m t il = `c m Q 0,5 ocy d ~ tti 71 6. ~. � :.,,, ` ,xea 3� Q, t• � � Qt i _ L CriI o §+� s- st F-• m C' Z2 E a.. . ' '� '' t ry Lei rff is 3 5 ua F 1- t IF:: .4 La -. CD si CV �t i( ' g3 ' : _ . . n� Li!�2 �w 0 111 Q. Th.. !ra trF . W'" [ C W F - C dt- 2 o t. a i ' d-- EJ_ `t1-1 I'_ 1 t, +.; # EXHIBIT "B" TRAFFIC SIGNAL AND LIGHTING Caltrans and CITY of Effective , 20 . BASIS OF COST DISTRIBUTION State-Owned and Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY Utility-Owned and Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY 1 ® DATE(MMIDDIYYYYJ A C RL' CERTIFICATE OF LIABILITY INSURANCE 9/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ryan an Jacques Arthur J. Gallagher&Co. Insurance Brokers of CA. PHONE 949-349-9831 FAX .Not:949-349-9931 1255 Battery Street#450 EAMAA Lo.Eat). San Francisco CA 94111 ADDRESS: Ryan Jacgues(maig.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyd's Synd 2987 INSURED HUNTBEA-19 INSURER B:Allied World Insurance Company 22730 City of Huntington Beach 2000 Main Street INSURER C: Huntington Beach CA 92648 INSURER D: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1736242493 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR ADDL SUER POLICY EFF POLICY EXP IN TYPE OF INSURANCE INS°,WVD POLICY NUMBER IMMIDDIYYYYI (MMIDDTYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ — GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ — POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ $ OTHER: COMBINED AUTOMOBILE LIABILITY (Ea acciden SINGLE LIMIT $ accident) ANY AUTO BODILY INJURY(Per person) $OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY _ A UMBRELLA LIAB X OCCUR Y PK1037319 7/1/2019 7/1/2020 EACH OCCURRENCE $$7,000,000 B BK1168714A 7/1/2019 7/1/2020 X EXCESS LIAB CLAIMS-MADE AGGREGATE $$7,000,000 DED RETENTION$ SIR $$1,000,000 .WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The State of California,Its officers,agents and employees are included as additional insured solely with respect to bodily injury and property damage arising out of the operations as described by or on behalf of the named insured as required by written contract per endorsement attached,As respects to Maintenance Agreement at 21080 Pacific Coast Highway,Huntington Beach,CA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE State of California THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Transportation ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Roberta Hettick-Maintenance Manager Caltrans District 12 AUTHORIZED REPRESENTATIVE 1750 East 4th Street Santa Ana CA 927055I'ty.`0 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Recorded in Official Records,Orange County itUUiiuINU rtCUuCo i CU D T Hugh Nguyen,Clerk-Recorder FIRST AMERICAN TITLE CO. II I I II II II II III III I tH II �'� 4ATIONAL COMMERCIAL SERVICES 13 * $ R 0 0 0 6 4 0 1 3 8 9 $ * 2013000703086 8:00 am 12123/13 Recording Requested By and 48 404 Al2 F13 14 When Recorded, Return To: 0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (Space above this line for Recorder's use only) AMENDED AND RESTATED LICENSE AND MAINTENANCE AGREEMENT THIS AMENDED AND RESTATED LICENSE AND MAINTENANCE AGREEMENT ("Agreement') is made by and between 21002 HB, LLC, a Delaware limited liability company ("21002 HB"), PC Group Retail, LLC, a California limited liability company ("PC Group Retaif') and the City of Huntington Beach, a municipal corporation of the State of California ("City") with reference to the following facts: A. 21002 HB is the owner of that certain real property (the "Residential Property") situated in the City of Huntington Beach, County of Orange, State of California, described as Lot 1 of Tract No. 16338, as shown on a Subdivision Map recorded in Book 893, Pages 7 through 12, inclusive, of Miscellaneous Maps, in the Office of the County Recorder for the County of Orange, State of California (the "Tract Map"). B. PC Group Retail is the owner of that certain real property (the "Commercial Property") described as Lots 2 and 3 of the Tract Map. C. The Residential Property and the Commercial Property (collectively the "Property") are the subject of a Master Plan for the Pacific City Mixed Use Project, consisting of residential and retail improvements and a hotel (the "Project"). D. City and the predecessor in interest to 21002 HB and PC Group Retail, Makallon Atlanta Huntington Beach, LLC, a Delaware limited liability company entered into a License and Maintenance Agreement dated as of August 20, 2007, and recorded September 28, 2007, as Instrument No. 2007000588431 of the Official Records of the Orange County Recorder (the "Prior Agreement"). E. The Prior Agreement contemplated that Makallon would record separate declarations of covenants, conditions, restrictions and reservations of easements against the Residential Property and the Commercial Property and form a property owners association for the Commercial Property and a residential owners association for the Residential Property and that which would, in turn, be members of a master association. The use of tiered property owners associations was based upon the initial Conditions of Approval for the Project. F. On November 8, 2012, the Planning Commission of the City approved Entitlement Plan Amendment 12-009 which, among other things, deleted the requirement for the tiered property owners associations and recommended approval of a Pacific City Master Declaration of Covenants, Conditions and Restrictions (the "Project CC&Rs") which, among 801291.02/SD 528 e eonn�nnnnnio „ ,�n.o.n..i. other things, created reciprocal easements among the Residential Property and the Commercial Property, incorporated by reference the terms and conditions of the Prior Agreement, as subsequently amended and modified by the City, and allocated among the Residential Property and the Commercial Property the development conditions and responsibilities established by the City in connection with the Project approvals. The Project CC&Rs were recorded November 20, 2012 as Instrument No. 2012000716927 of the Official Records of Orange County, California. G. The Project CC&Rs incorporate a number of the terms and provisions of the Prior Agreement. H. The parties desire to fully amend and restate the Prior Agreement to reflect the elimination of the requirement for the tiered property owners associations and the recordation of the Project CC&Rs. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto fully amend and restate the Prior Agreement as follows: 1. Grant of License. Subject to the provisions of this Agreement, City grants to 21002 HB and PC Group Retail, LLC, their successors and assigns (individually an "Owner" and collectively the "Owners"), a non-exclusive, revocable license (the "License') to perform all maintenance, repair and replacement of Common Drainage Facilities and Common Maintenance Areas (both as defined in the Project CC&Rs) which are owned by the City or within the City's public right of way. 2. Term. The term of this License shall be perpetual, provided that City may terminate this License upon thirty (30) days prior written notice to the Owners. 3. Initial Construction of Improvements. Each Owner shall perform, at its sole cost and expense, all initial construction of Common Drainage Facilities and Common Maintenance Areas on the portion of the Property owned by such Owner in accordance with plans submitted by such Owner to the City, which plans shall be subject to prior written approval by the City, and pursuant to the Project CC&Rs. 4. Maintenance and Repair of Improvements. During the term of this License, each Owner shall keep and maintain all Common Drainage Facilities and Common Maintenance Areas located on the portion of the Property owned by such Owner in good condition and repair and shall repair and replace such Common Drainage Facilities and Common Maintenance Areas as described in the Project CC&Rs (collectively, "Maintenance Responsibilities"). During the term of this License, the Owners shall keep and maintain all Common Drainage Facilities and Common Maintenance Areas which are owned by the City or within the City's public right of way in good condition and repair and shall repair and replace the same as provided in the Project CC&Rs. 5. Mechanic's Liens. The Owners agree to use commercially reasonable efforts not to suffer any mechanic's lien(s) to be filed against the public right of way by reason of any work, labor, services or material performed at or furnished to the public right of way, the City or to any portion of the Property. In the event that any mechanic's lien is filed as a result of any labor, services or materials performed at or furnished by or for the benefit of an Owner, such Owner 801291.02/SD l a999znnnnQ/a_1 l_A Anahnah -2- 529 shall cause any such lien to be released or bonded or affirmatively insured against within sixty (60) days after the date of filing of such mechanic's lien. Nothing in this Agreement shall be construed as a consent on the part of the City to subject the City's estate in any portion of the public right of way to any mechanic's lien or liability under the mechanic's lien laws of the State of California. 6. Assignment of License. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interest therein. This license shall run in favor of each Owner of all or any portion of the Property during the term of such Owner's ownership. Upon any sale or transfer of all or any portion of the Property, this License shall automatically be assigned to and run in favor of the transferee and the transferor shall, effective upon the date of such transfer, be released from any and all duties, responsibilities, obligations or liabilities hereunder. Notwithstanding the foregoing, any assignment of this license to one or more residential homeowners associations formed to govern all or a portion of the Residential Property shall be deemed a valid assignment. 21002 HB or its successors and assigns shall give notice in writing of each such assignment to the City. 7. City Requirements. Each Owner, or anyone performing work on behalf of an Owner, shall be properly licensed by City for any work performed on the Common Drainage Facilities or the Common Maintenance Areas owned by the City or within the City's public right of way. Furthermore, each Owner or anyone performing work on behalf of an Owner, shall acquire the proper encroachment permit and comply with all other City requirements prior to performing any work in the public right of way. 8. City Right to Inspect. City shall have the right, on at least a quarterly basis, to inspect the Common Drainage Facilities and Common Maintenance Areas within the public right of way. City and Owner shall negotiate in good faith to come to a mutual agreement as to the time and date for any such inspection. 9. Workers' Compensation Insurance. Pursuant to California Labor Code Section 1861, 21002 HB and PC Group Retail, LLC and their successors or assigns, acknowledge awareness of California Labor Code Section 3700, et seq., which requires every employer to be insured against liability for workers compensation. Each Owner covenants that it will comply with such provisions prior to commencing performance of any work pursuant to this License. Each Owner shall maintain workers' compensation insurance as required by statute, including employers' liability coverage with limits not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limits, at all times incident hereto, in forms underwritten by insurance companies satisfactory to City. Each Owner shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. Each Owner shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance and shall similarly require all subcontractors to waive subrogation, provided that such waiver is reasonably available. 10. Other Insurance. In addition to workers' compensation insurance in Section 8 above and each Owner's covenant to indemnify City in Section 11 below, 21002 HB and PC Group Retail, LLC, their successors and assigns, shall obtain and furnish to City a policy of commercial general liability insurance and commercial automobile liability insurance, covering all activities to be undertaken by them concerning the Common Drainage Facilities and Common Maintenance Areas located within a public right of way affected by this License. Said 801291.02/SD _1_ 530 policy shall pay on behalf of them, their officers, agents and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by them concerning Common Drainage Facilities and Common Maintenance Areas located within the public right of way, 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). Said policy shall name City, its officers, and employees as additional insureds, and shall specifically provide that any other insurance or self-insurance which may be applicable to all activities to be undertaken by an Owner concerning the Maintenance Areas affected by this License shall be deemed excess coverage and that each Owner's insurance shall be primary. Under no circumstances shall said above mentioned insurance contain a self-insured retention. or "deductible" or any similar form of limitation on the required coverage in excess of Twenty Five Thousand Dollars ($25,000.00). 11. Certificates of Insurance: Additional Insured Endorsements. Prior to commencing performance of the Maintenance Responsibilities, an Owner shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall: (a) provide the name and policy number of each carrier and policy; and (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies will not be canceled or modified without thirty ( 30) days prior written notice to City. Each Owner shall maintain the insurance coverage contemplated in Sections 8 and 9 in force until this License is terminated. 12. Indemnification. (a) Indemnity — License. Each Owner shall indemnify, defend and hold City, its officers, directors, shareholders, employees, agents, successors and assigns (hereinafter collectively called "Indemnified Parties') harmless from all liabilities, penalties, costs, damages, expenses, causes of action, claims or judgments (including without limitation reasonable attorneys' fees) (collectively, "Indemnified Claims"), resulting from (i) injury or the death of any person (including without limitation any Indemnified Party) or physical damage to property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified Party), which injury, death or physical damage arises out of or is connected with the use or occupancy by the indemnifying Owner (or its officers, employees, agents, contractors, licensees, or invitees) of any of the Maintenance Areas on the portion of the Property owned by the indemnifying Owner under the authority of the License, except to the extent that such Indemnified Claims are caused by the negligence or willful wrongful acts or omissions of any Indemnified Party, and (ii) the use, generation, processing, production, packaging, treatment, storage, emission, discharge or disposal of Hazardous Materials (as that term is defined herein below) on or about the Maintenance Areas by an Owner, its agents, employees, contractors, invitees or licensees in connection with the exercise of such Owner's rights under the License. For purposes of this Section 12, the term "Hazardous Materials" shall mean any substance, material or waste that. because of its 601291.02/SD _A_ 531 quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment, including, but not limited to petroleum, petroleum-based products, natural gas, or any substance, material, or waste that is or shall be listed, regulated or defined by federal, state or local statute, regulation, rule, ordinance or other governmental requirement to be hazardous, acutely hazardous, extremely hazardous, toxic, radioactive, biohazardous, infectious, or otherwise dangerous. (b) Notice. City agrees to give prompt notice to an Owner with respect to any Indemnified Claims initiated or threatened against City, at the address for notices set forth herein. The indemnifying Owner shall, at its option but subject to the reasonable consent and approval of City, be entitled to control the defense, compromise or settlement of any such matter through counsel of its own choice; provided, however, that in all cases City shalt be entitled to participate in such defense, compromise, or settlement at its own expense. 13. Litigation Expenses. (a) General. If either party hereto brings an action or proceeding (including any cross-complaint, counterclaim, or third-party claim) against another party by reason of a default, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall NOT be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment. (b) Alternative Dispute Resolution. City and an Owner, by mutual agreement, may, but are not required to, submit any factual or other (to the extent City is not prohibited by law or otherwise from doing so) dispute arising under this Agreement to non- binding arbitration, mediation, judicial reference or other alternate dispute resolution mechanism ("ADR') of non-judicial dispute resolution. The party requesting ADR shall give written notice of its request, specifying the requested ADR procedure, to the other parties, who shall notify the requesting parties of its agreement or refusal to proceed within a reasonable time after receipt of the requesting notice. If the parties agree to proceed, they shall select a mutually acceptable individual, with qualifications appropriate to the subject matter of the dispute, to conduct the designated ADR, or, if the parties cannot agree on such individual, they shall submit the dispute for the applicable ADR to a commercial ADR service. In all events, the proceedings shall be conducted only in a manner acceptable to both parties. The parties may enter into operating memoranda from time to time to establish procedures for the initiation and conduct of such ADR mechanisms. 14. Time. Time is of the essence of this Agreement and each and every part hereof. 15. Covenants. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of the Property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement 16. Amendment. This Agreement may be amended or otherwise modified only in writing signed and acknowledged by the Owners. 801291.02/SD -F- 532 17. Delegation of Authority. City hereby delegates to City Manager or his or her designee the authority to implement all provisions of this Agreement. 18. City's Right to Enforce. Notwithstanding the provisions of Section 13 herein, the Owners acknowledge and agree that the City has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal and/or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement. The Owners shall provide City with, and at all times keep current, contact information for the Owners and any property manager acting on their behalf. 19. Successors and Assigns. Subject to Sections 5 and 14 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns (except as otherwise specifically provided in Section 17 below), including without limitation all grantees and other successors-in-interest of City and 21002 HB and PC Group Retail in any portion of the Maintenance Areas. Subject to Sections 5 and 14 above, 21002 HB and PC Group Retail shall provide prior notice of any assignment of their rights and obligations hereunder and any such assignment shall either (a) include the insurance provisions hereunder or (b) shall include insurance provisions approved by City. 20. Exclusive Benefit of Parties. The provisions of this Agreement are for the exclusive benefit of City and 21002 HB and PC Group Retail, LLC and their successors and assigns, subject to the provisions hereof, and not for the benefit of nor give rise to any claim or cause of action by any other person. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement. 23. References: Titles. Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural. Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement. 24. Notice. Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial courier or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. For the convenience of the parties, copies of notices may also be given by telefacsimile, to the telephone number listed below or such other numbers as may be provided from time to time. Owner: The address of such person as shown on the records of the Orange County Tax Collector. 801291.02/SD 1aeao7 nnnnoiz 4.1 1tlnoL.nnL. -A- 533 For City: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile: (714) 536-1573 City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile: (714) 536-1573 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by telefacsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, or a telefacsimile copy of the notice. 25. Severability. If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 26. Entire Agreement. This Agreement, together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the easements which are the subject matter of this Agreement. 27. Survival. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. (Signature page follows.) 801291.02/SD 1 s9,9znnnnolz_I 1_1 anahnnh -7- 534 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on fa//(p , 2013. 21002 HB, LLC, a Delaware limited liability company By: S7:4---Name: ,-s'Hc/- ersieme oxi Title: ye cE ?Res PC GROUP RETAIL, LLC, a California limited liability company By: COUNTERPART Name: Title: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California illMa}30\c.,w . Mayor Harpe t- n 1-- ity le Fli ff\ PROVED AS TO FORM: j'--- -L---- --7 C.i City Attorney �:-y 1)v; A.3 APPROVED AS TO FORM: --(- 4 C Director o Pu Larks REVIE A APPROVED: ,City Manager 801291.02/SD 132227-00009/3-11-13/lab/lab -8- 535 IN ITNESS WHEREOF, this Agreement has been executed by the parties hereto on /2 /cv , 2013. 21002 HB, LLC, a Delaware limited liability company COUNTERPART By: Name: Title: PC GROUP RET' LLC, - Californi. limited liability , ,,an/ Ai By: _ Agee Name: . girl! + 14 Title: ;•e.WM' CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: .c.---"L4--,, .,..4_, fri- City Attorne at i-.-0 3 13 APPROVED AS TO FORM: 6:-.Z.........--____ 4:Lit_ -• Director of Public Works REVIE D APPROVED: ity Manager 801291.02/SD _i2_ 536 STATE OF FLORIDA ) COUNTY OF /4.4 1- DOS- ) ,On r 4OI b. z2 , 2013, before me, Err Cl. V- (! %4'±e-✓� , a Notary Public, personally appeared Skxcv th3 krtbury , who proved to me on the basis of satisfactory evidence to be the persons whose name(a-ygare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/„fir/their authorized capacity4iest;and that by his/her/their signature.(ay on the instrument the person*;or the entity upon behalf of which the person(,s''acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. tek Nota ublic ERICA V.CARTER NOTARY PUBLIC STATE OF FLORIDA (Seal) ' t\•;f=Comm#0D0933162 4t Expires 1/29/2014 801291.02/S D 132227-00009/3-11-13/lab/lab -9- 537 STATE OF CALIFORNIA ) COUNTY OF-Au( 4' �,`V' ) On ►V IJV , 2013, before me, 3(%44Dei.it, 5 60 Tt3 , a Notary Public, personally appeared I-;4 Stu/ I rt '-\. , who 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/shalthey executed the same in his/her/their authorized capacity(je ), and that by his/htheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persona) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. BARBARA S.BOTTS Commission• 1937048 ri4 ?� Notary Public•California ' lV _ ) . lb `j rr% Santa Barbara County Notary Public • M�Comm.E s Jun 19 2 (Seal) 801291.02/SD 9 a9.)9znnnno/I_I 1_1 ann tinter, -9- 538 STATE OF CALIFORNIA ) -g� ) COUNTY OF C/ ZG•11G ) On.Died-fi �el-" , 2A13, before me, 6/? ~,S 4--t /5/'tst , a Notary Public, personally appeared M 4 Crd/y f ot,-/w"who proved to me on the basis of satisfactory evidence to be the `.--- A person(s)-whose nam 4) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ief/theirauthorized capacity(ies), and that by histex/theic-eignature(4 on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. ROBIN ESTANISLAU cA-14-4,-;-ed-ics-A--) d �', COMMISSION#20173B0 O Z ` :, ..-il Notary Public-California z Notary Public ,z11U u,,AN(;F coAUN1Y My Cunnn FF'nesA{u 1 20�7 (Seal) 801291.02/SD 1 z97T7_nnnna)a_a 1.1 Anannan -10- 539 STATE OF CALIFORNIA ) COUNTY OF 4m- ) On, - f , 2013, before me, v?...,e .bi n cr r-Ti,5* czi-1 , a Notary Public, personally appeared 404,•7 L. F f,r" , who proved to me on the basis of satisfactory evidence to be the person(e)-whose me(s) is/ace subscribed to the within instrument and acknowledged to me that he/she/4Iey executed the same in his/her/their-authorized capacity(ies), and that by -his/her/their-signatures) on the instrument the person4s), or the entity upon behalf of which the person(.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. ROBIN ESTANISLAU o. vr� 04_7421k-ed-egi-c,4_2 a '� �'-.,; COMMISSION:2017380 0 '4l,'%.�; NotaryPubllc-California Notary Public UNANGE000NTY j — _ — My Cumin ExpiresApr 1.20=7I. (Seal) 801291.02/SD i”92 7.nnnnam.i i_t snap/tah -11- 540 EXHIBIT "A" MAINTENANCE LICENSE AGREEMENT I\ PACIFIC CITY - HUNTINGTON BEACH I\ z NOTE THIS DEPICTION IS FOR ILLUSTRATIVE PURPOSES ONLY z THE AS-BUILT CONDITIONS WILL PREVAIL \ �f w ENHANCED PAVEMENT TYPICAL (ATLANTA AVENUE J L r , .----------___ ._.,+1, STREET J �4 LIGHTING ` ,, v��`',� TYPICAL ,� <z& TRACT NO 16338 •� PEDESTRIAN 1ST STREET �Lj �� ! / EASEMENT REGIONAL C� �� ,/ CORRIDORS TREATMENT SYSTEM C.� ' FIRST FLUSH // ISLANDS •/,� 1 WATER TREATMENT ,( TYPICAL =T w CONTROL SYSTEM '/ I- / , , VILLAGE �� "PI v GREEN PARK I PARKWAYS 0 \ 1A V ENHANCED PA \ A Z PAVING Cr 4_�, ENHANCED 1 (-- TYPICAL /C� ,`,, \.- Q PAVING Z ��(� 1, /.' ;;- TYPICAL p '"lam , '.\ _ Fo 4 A' C 4s,STRj y4'V \,� LEGEND A °R'i,i I �F �� �� MAINTENANCE C�,/ S AREAS INCUOE C, STREET \ -ENHANCED PAVING CQ LIGHTING 3 \��. -VILLAGE GREEN PARK '9ST TYPICAL -014 ACRE POCKET PARK /y FIRST FLUSH ) -EDISON OWNED STREET LIGHTING �r WATER TREATMENT -PEDESTRIAN EASEMENT CORRIDORS CONTROL SYSTEM-SIDEWALK & PARKWAY LANDSCAPING -MEDIANS AND LANDSCAPING WITHIN MEDIANS • /� MEDIAN -STREET FURNITURE WITHIN RIGHT OF WAY & EASEMENT CORRIDORS ISLANDS -AWNINGS & RAILINGS WITHIN RIGHT OF WAY & EASEMENT CORRIDORS / TYPICAL -FIRST FLUSH WATER RUNOFF TREATMENT SYSTEM -1ST STREET REGIONAL TREATMENT SYSTEM NOTE STREET LIGHTING WITHIN PACIFIC VIEW AVENUE AND ALONG THE PROJECT SIDE OF 1ST STREET ATLANTA AVENUE AND HUNTINGTON STREET IS INCLUDED IN THE MAINTENANCE NOTE MEDIANS WITHIN PACIFIC COAST HIGHWAY ARE NOT INCLUDED IN THE MAINTENANCE DATE AUGUST 15 2007 541 / i��TINGT0_ City of Huntington Beach -57 \ 2000 Main Street ♦ Huntington Beach, CA 92648 _ '_ (714) 536-5227 • www.huntingtonbeachca.gov �cF-ou;...........CP���/o Office of the City Clerk NTY �/ Robin Estanislau, City Clerk January 28, 2020 James M. Gittelson HM Program Liaison Maintenance Engineering Caltrans District 12 1750 East 4th Street Santa Ana, CA 92705 Dear Mr. Gittelson: Enclosed please find four partially executed originals (two for the Pacific City Retail project and two for the Pasea Hotel project) of the "Landscape Maintenance Agreement within State Highway Right of Way on Route 1 within the City of Huntington Beach" approved by the Huntington Beach City Council on January 21, 2020. Upon complete execution, please return copies of the fully executed agreements to us. Please mail the Agreements to: Robin Estanislau City Clerk 2000 Main Street, 2nd Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, 9-4714441,141-4) Robin Estanislau, CMC City Clerk RE:ds Enclosures Sister Cities: Anjo, Japan • Waitakere, New Zealand