Loading...
HomeMy WebLinkAboutOC405 Partners JV - 2020-08-03 (7) ":z N� 2000 Main Street, �� afl qa,NBT oti Huntington Beach, CA 1 ( =� City of Huntington Beach 92648 Ppp vez 7-0 File #: 23-197 MEETING DATE: 3/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Bill Krill, Real Estate & Project Manager Subject: Approve and authorize execution of the First Amendment to the License Agreement between the City of Huntington Beach and 0C405 Partners JV for the continued use of a City-owned parcel for the 1-405 Improvement Project Statement of Issue: The City Council is asked to approve the First Amendment to the License Agreement with 0C405 Partners JV to continue the authorized use of a City-owned parcel located at the intersection of McFadden Ave. and Gothard St. in the City of Westminster for the 1-405 Improvement Project. Financial Impact: The lease will generate $500 per month in revenue for the City until the termination of the agreement, which is anticipated upon the completion of the project Recommended Action: A) Approve the First Amendment to the License Agreement entitled "First Amendment to License Agreement by and between the City of Huntington Beach and 0C405 Partners JV for Temporary Use of City Property" (See Attachment); and B) Authorize the Mayor and City Manager to execute the License Agreement Amendment on behalf of the City. Alternative Action(s): Do not approve Amendment to the License Agreement, and direct City Attorney's Office to draft a notice of termination of the existing agreement. Termination of agreement prior to completion of the 405 improvement project may cause broader construction delays with the project overall and may negatively affect outside public agencies and neighboring cities. City of Huntington Beach Page 1 of 2 Printed on 3/16/2023 powere484 Legistar File #: 23-197 MEETING DATE: 3/21/2023 Analysis: OC405 Partners JV "Licensee" is the general contractor for OCTA's 1-405 Improvement Project. In April 2020 the Licensee approached City staff to utilize a vacant and undeveloped parcel owned by the City of Huntington Beach for the purpose of temporary vehicle storage for the employees working on the 1-405 Improvement Project. The City-owned parcel APN 142-311-34 is located northeast of the intersection of McFadden Ave. and Gothard St. within the City of Westminster. The City of Westminster has land use oversight since the parcel is located within its city limits, and has issued a temporary use permit for the use. The parcel will be used for vehicle storage only, the site will be properly maintained, and no construction will occur on the site. The City Attorney's Office has prepared a First Amendment to the License Agreement between the City and Licensee to continue to temporarily lease the vacant parcel. This License Agreement was approved and executed by the City and Licensee on August 3, 2020 and the agreement term ended on January 1, 2023. No provision for continued month-to-month occupation was included in the original agreement. The term of the new License Agreement will be for the period from January 2, 2023, through April 30, 2023. Thereafter, the agreement will convert into a month-to-month tenancy, requiring at least thirty (30) day written notice by either party to terminate. The rent will be $500.00 per month. Licensee will maintain the site, keeping it in satisfactory condition, and will continue the established best management practices to ensure that all environmental laws are complied with. Environmental Status: The approval of the License Agreement will not result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is therefore not a "project" per Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. First Amendment To License Agreement between the City of Huntington Beach and 0C405 Partners JV for Temporary Use of City Property 2. Executed License Agreement By and Between The City of Huntington Beach and OC 405 Partners JV for Temporary Use of City Property 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 3/16/2023 powereta.T LegistarTm FIRST AMENDMENT TO LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND OC 405 PARTNERS JV FOR TEMPORARY USE OF PROPERTY This First Amendment to License Agreement Between the City of Huntington Beach and OC 405 Partners JV ("First Amendment")is made as of January 2, 2023 ("Effective Date")by and between City of Huntington Beach,a municipal corporation("Lessor"),and OC 405 Partners JV, a California Joint Venture Partnership ("Lessee"),with reference to the facts set forth in the Recitals below: RECITALS A_ Lessor is the owner of that certain real property located near the Northeast corner of McFadden Ave and Gothard St,Westminster,California. Also known by the APN: 142-311-34 (the"Lessor's Property"). B. Lessor and Lessee are parties to that certain License Agreement By and Between The City of Huntington Beach and OC 405 Partners JV (the "Agreement"), pursuant to which Lessee leases from Lessor the Lessor's Property. C. Pursuant to this First Amendment,Lessor and Lessee desire to amend the Schedule to update terms relating to the term of the Agreement,as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Term. The term of the license("Term")shall be from the Effective Date of January 2,2023 through April 30, 2023. Thereafter,the Agreement will revert to a month to month status, and will require 30 days written notice from either Lessor or Lessee to terminate the agreement. 2. Continued Effect. Except as specifically modified or supplemented by this First Amendment,all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between any term and provision of the Agreement and this First Amendment, the terms and provisions of this First Amendment shall control with respect to the subject matter herein. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment. 3. Ratification and Reaffirmation. Lessor and Lessee do hereby ratify, reaffirm, adopt,contract for,and agree to be or continue to be,as the case may be,bound by all of the terms and conditions of the Agreement referenced in the Recitals above. Except as modified herein,all of the terms and conditions of the Agreement are incorporated by reference herein as if set forth at length. It is acknowledged and agreed that the execution of this First Amendment by Lessor and Lessee is not intended to and shall not constitute a release of Lessor and/or Lessee from any 1 23-12408/301736 and all obligations, limitations, or liabilities which they have to each other under and pursuant to the terms of the Agreement, and Lessor and Lessee are not released from any such obligations, 3 limitations, or liabilities. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the License Agreement to be executed by and through their authorized officers on 2023. LICENSEE: CITY: 0C405 Partners JV, a California.Joint Venture CITY OF HUNTINGTON BEACH, a Partnership municipal corporation of the State of California By: 1 .7 A° Ma or Print Name ITS: : circle one) C a irman/President/Vic President Ccawf'ro S By: UpgririPr- Print Na e APPROVED S TO •ORM: IT `• •ircle one) Se Lary Chief Financial Offic- Asst. Secretary- Treasure City Attorney 01,,4, RECEIVE AND FILE: 444ift, 9t4'U4J& City Clerk •=iff Date 3,L?SJ?3 2 23-12408/301736 le City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 ` Q (714) 536-5227 • www.huntingtonbeachca.gov cp01\ Ty" ` 0 Office of the City Clerk ®ii Robin Estanislau, City Clerk March 13, 2023 0C405 Partners Attention: Azzam Saad 3100 W Lake Center Ave. Santa Ana, CA 92704 Dear Mr. Saad: Enclosed is an executed copy of the First Amendment to License Agreement By and Between the City of Huntington Beach and OC 405 Partners JV for Temporary Use of Property, approved by City Council on March 21, 2023. Sincerely, 9A7lailid4u) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND 0C405 PARTNERS JV FOR TEMPORARY USE OF CITY PROPERTY This License Agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California hereinafter referred to as "CITY," and 0C405 PARTNERS JV, a California Joint Venture Partnership, hereafter referred to as"LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use CITY-owned property, described as follows: APN 142-311-34-Northeast corner of McFadden Ave.and Gothard St.,depicted in the map,attached hereto and incorporated herein by reference as Exhibit"A" (the"Property")in the City of Westminster for the purposes of vehicular storage;and CITY desires to allow such use as necessary for the purposes stated above in connection with the 0C405 Partners N project;and The proposed use of the Property is permitted per the City of Westminster's Temporary Use Permit dated May 19, 2020, attached hereto and incorporated herein b 3/10 reference as Exhibit"B". NOW, THEREFORE, in consideration of the promises and agreements it 3-0 hereinafter made and exchanged,the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the Property for the purpose described above. 2. TERM. The term of this License shall be for a period of thirty two(32)months or until January 1,2023 upon execution by the CITY. 3. RENT. In consideration of this License,the LICENSEE shall pay five hundred dollars($500.00)per month in rent. Rent shall be paid in advance of the la day of each month, and becomes delinquent on the 10th day of each month. Rent shall be paid to the City of Huntington Beach and can be mailed to:P.O.Box 711,Huntington Beach,CA 92648-0711. In addition to Rent, LICENSEE shall pay to the entities entitled thereto all taxes, assessments,insurance premiums,maintenance charges and any other charges,costs and expenses against the Property which may be contemplated under any provision of this License. 20-8636/22997S 1 490 4. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify, and hold and save harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers against any and all liability, claims, damages, losses, expenses, defense costs, judgments, costs, demands, and consequential damage or liability of any kind, however caused, including those resulting from death or injury. This includes death or injury arising directly or indirectly out of the obligations or operations herein undertaken by LICENSEE, caused in whole or in part by any negligent act, omission, or intentional act of the LICENSEE, any subcontractors/sub LICENSEES, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them are liable, including but not limited to concurrent active or passive negligence or willful misconduct. LICENSEE will conduct all defenses at its sole cost and expense and CITY shall approve selection of LICENSEE'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 LICENSEE. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment onto the Property pursuant to this License. As required by the State of California, LICENSEE shall maintain such Workers' Compensation Insurance per Statutory Limits, and Employer's Liability insurance in an amount of not less than One Million Dollars ($1,000,000) per accident for bodily injury or disease, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to the CITY. 6. GENERAL LIABILITY INSURANCE. In addition to the workers' compensation and employer's liability insurance and LICENSEE's covenant to defend, hold harmless and indemnify CITY, LICENSEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Premises. This policy shall indemnify LICENSEE,its officers,employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Agreement, and shall provide coverage, on ISO form CG 00 01 or equivalent, in not less than the following amount: combined single limit bodily injury and 20-8636/229975 2 491 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 Two Million Dollars($2,000,000) for this Agreement. This.policy shall name the CITY, its officers, elected or appointed officials,employees,agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage available to the CITY, which may be applicable to the Agreement, shall be deemed excess coverage and that LICENSEE'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 without CITY approval. LICENSEE shall be for causing all Subcontractors/Sub LICENSEES and/or any other entity using the premises to maintain the same types and limits of insurance coverage as that required of LICENSEE by this Agreement. The insurance provided shall be primary insurance. Excess and/or umbrella coverage will not be accepted in lieu of or as a substitution for General Liability coverage. 7. CERTIFICATES OF INSURANCE,ADDITIONAL INSURED. Prior to the encroachment onto the Property pursuant to this License, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the CITY Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, covering both ongoing and completed operations, naming the CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds shall be provided to the CITY for approval prior to the encroachment onto the 20-8636/229975 3 492 Property pursuant to this License. If LICENSEE has insurance coverages that exceed or are in addition to the above mentioned coverage, the CITY is entitled to any and all insurance coverages available to LICENSEE. 8. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Property. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Property. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 9. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement,equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys' fees. 10. MAINTENANCE. LICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. LICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event LICENSEE does not maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty(30)days of billing. In the event any damage is caused to the Property, as a result of the use authorized hereunder, LICENSEE 20-8636/229975 4 493 agrees to repair same at its own expense. 11. IMPROVEMENTS. LICENSEE is required to complete the following improvements within five (5) days of the commencement of this Agreement: a. Install crushed aggregate gravel base over the entire Property prior to the storage of vehicles; b. Provide chain link fence covering/screening and regular graffiti abatement over the entire length of the existing chain link fence; and c. Provide, as necessary, improvements to maintain and secure the Property and vehicle storage Any other proposed improvements must be presented in writing and approved by the CITY in writing prior to installation. 12. ACCESS a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors,twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to Licensee to the extent required for authorized operations. LICENSEE'S exercise of such rights shall not cause undue inconvenience to CITY. All LICENSEE'S operations shall comply with all ordinances, regulations, and laws. b) LICENSEE shall, at its sole cost and expense, maintain and repair the Property and LICENSEE'S Facilities including, but not limited to, the removal of all trash, debris and graffiti. If LICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this Agreement, LICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 13. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the Property under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of LICENSEE. 14. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant 20-8636/229975 5 494 or contractor for CITY. 15. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. LICENSEE further agrees to clean-up and remediate any hazardous substance on the Property, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY, its employees or agents. "Hazardous substance"shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 16. TERMINATION AND DEFAULT. a.) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in CITY's and LICENSEE'S judgment, LICENSEE shall have the right, but not the obligation,to terminate the License with respect to the Premises by giving written notice to CITY within thirty (30) days after such damage, destruction or condemnation, if by virtue of such damage, destruction or condemnation, CITY and LICENSEE determine that the Premises are no longer adequate for LICENSEE to continue its operations, or that any repairs to the Premises necessary for LICENSEE to continue its operations have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. b.) In the event of condemnation, unless LICENSEE is allowed by the condemning authority to continue its operations on the Premises, the License shall terminate as of the date title to the Property and/or Premises vests in the condemning authority or LICENSEE is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, LICENSEE's entitlement to any award or 20-8636/229975 6 495 payments,if any,shall be limited to relocation benefits afforded to LICENSEE pursuant to State or Federal eminent domain / condemnation laws shall be entitled to any and all awards, payments and relocation benefits afforded to them through local, State or Federal eminent domain/condemnation laws shall not state the entire award shall be paid to CITY. c.) This License may be terminated on thirty(30) days prior written notice by CITY upon a default by LICENSEE of any covenant or term,material or otherwise,hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default, provided that the grace period for any monetary default is fifteen(15) days from receipt of notice, or d.) CITY may terminate this License in its sole and absolute discretion at any time upon sixty (60)days prior written notice to the LICENSEE. RELOCATION ASSISTANCE. In the event this License is terminated, LICENSEE shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under City, State or Federal relocation assistance plans. 17. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder,without the express written permission of CITY. 18. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Property. 19. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: City of Huntington Beach 0C405 Partners Attention: Real Estate Office Attention: Azzam Saad 2000 Main Street 3100 W Lake Center Dr. Huntington Beach, CA 92648 Santa Ana,CA, 92704 20-8636/229975 7 496 20. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Property area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,marital status or gender. 21. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. 22. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. [SIGNATURES ON SEPARATE PAGE] 20-8636/229975 8 497 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on i/U4asr -3,2020. LICENSEE: CITY: 0C405 Partners JV,a California Joint Venture CITY OF HUNTINGTON BEACH,a Partnership municipal corporation of the State of California / ./ By: C % ZGLw\ yor 111.1P° ' Print Name . ITS: :circle one ainneePrAdentNice President f� By: Ofilhrr-r peostic".-T ..'G�..� Vtp•ctreait taE*P4 IC4U-i 41-i City Manager Print Name ITS: (circle one) Secratary/Chief Financial Oificer/Asst, APPROVED AS TO F Secretary-Treasure • City Attorney A`'t CEIVE AND FILE: 94424416J City Clerk Date S 7/•20a Exhibits: A. Assessor's Parcel Map B. City of Westminster TUP 20-8636/229975 9 498 - ` - c + tr - LI 4-3,4 110141 1 milit '_ . ,:., iii " 11 ' ,e, ; 1 . t v, I .� re .;:a2a :,...:2t:noi 77,w . t C ,,,,i. , y i m ems. ^ 7! p +. •w: O C N O 1 $ 0, 446,.. 4e' :i . bl":s N = N a N X'k1Q 4,,,,,. �t-p,1 r»Mt y..-- .31La ct as Ul a t i. v O (n .- A , -.(_ , , .f a) W 1 A } 14'� ro O IV 1p is O N�' .'" f .0 To' N ��.. �y a v ti E n s 04o it: . i . t.) ,.., c0Ez cz I , to aH c > x4 � L CJ t N M 0 -7 .at_. � • E �+ c' _ J tiJ m x ' ? 'I ? 7 x O. X W �� Kati _r . _.,. + _e r. r � t e , m- I . J ter. a r r° t tt tL ° I j r � b 1 � � tt r _U. Cl- �. ! O ,, aid?" B . i v , H i ' t . iii , �' aarlif r, 1 co $ t,, • i0' to C t tit.ry, s ° I°s_i�N to ..a�x`9' 499 Exhibit "B" 500 `"� City of Westminster 1 ' , is, 8200 Westminster Boulevard,Westminster,CA 92683 719.898.3311 * iv , f,, www.westminster-ca.gov TRI TA Mayor `f��8(i ii 8 iq`' KIMBERLY HO Vice Mayor SERGIO CONTRERAS May 19, 2020 Council Member Attn: Daniel Guzman TAI DO OC 405 PARTNERS JV Council Member 3100 W Lake Center Dr. CHI CHARLIE NGUYEN Santa Ana, CA 92704 Council Member SHERRY JOHNSON Interim City Manager Subject: Temporary Use Permit (Case No. 2020-064), OCTA's 1-405 Temporary parking employees' personal vehicles at APN#: 142-311-34. Dear Mr. Guzman: Your application requesting approval of a temporary employee's parking for OCTA's I- 405 improvement project at APN 142-311-34 running from May 19, 2020 to December 31, 2020 has been approved subject to compliance with the following conditions of approval: Description of Temporary Use: • Temporary parking of employees' vehicle on a 1.16 acre site. , • The hours of operation from 7:00 am to 5:00 pm, daily for the duration of the permit. • No equipment, other than employee vehicles shall be stored onsite. • A privacy screen shall be installed along the perimeter of the site subject of the approval of the Planning Division. • Safety signs will be installed per OSHA and City Standards. • A maximum of 30 employees'vehicles may be parked onsite. Conditions of Approval: 1. The subject property shall be developed for the use and in the manner requested and shall be in substantial conformity with the plans as reviewed by the approving body unless revised or modified by the approving body. i i I Case No.2020-064(TUP) APN:142-311-34 1 501 2. This permit is limited to allowing employees parking for those employees associated with OCTA's 1-405 improvement project running from May 19, 2020 to December 31, 2020. 3. The hours of operation in which vehicles may be parked onsite are from 7:00 am to 05:00 pm, daily and only during the duration of the permit. This TUP will terminate at midnight, December 31, 2020 and any subsequent TUP application for the same use will be based upon the performance of this TUP.Any subsequent TUP application for the same use shall be submitted to the Planning Division no later than November 16, 2020. 4. Any type of retail sales or used merchandise are prohibited. No construction/ contracting equipment shall be parked or stored at this site. Only personal employee vehicles related to the construction yard across the street shall parked on this site (Sedans/Pickup Trucks). 5. In order to mitigate the visual impact of the site to the general public in the vicinity, the subject parcel shall install a six foot high chain link fence with a durable green screen along the site perimeter. In the event that vehicles stored onsite can be viewed from outside the site, the applicant shall replace the green screen, subject to the review and approval of the Planning Division. • 6. Access to the site shall be allowed only during the daytime business hours between 7:00 am to 05:00 pm, daily. PUBLIC HEALTH,SAFETY AND WELFARE 7. The use shall comply with all federal, state and local laws; including but not limited to fire safety requirements from the Orange County Fire Authority, and environmental health safety requirement from the Orange County Health Care Agency. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit. In addition, the operator is responsible for ensuring all necessary permits from these agencies are obtained. 8. Fire department access roads shall remain unobstructed at all times. Do not block and/or cover fire hydrants and fire department connections. 9. Portable signs, such as "A" frame signs, are prohibited in the City. Approval to use such signs must be obtained from the Engineering and Planning Division. Directional signs utilized for traffic must be approved by the City's Public Works Engineering Department at(714) 548-3462. 10.No driveways or access to other properties shall be blocked off by this use. 11.The site shall be left clean and free of debris at the end of each day of the use and restored to pre-operating conditions. Case No.2020-064(TUP) APN:142-311-34 2 502 • 12.In order to prevent NPDES issues applicant shall implements Best Management Practices (BMP)for pollution prevention, including, but not limited to: • Erosion and Sediment Control: o Street Sweeping o Drain Inlet Protection o Temporary Fiber Rolls • Tracking Control: o Street Sweeping o Temporary Construction Entrance (gravel base, filter fabric, and track-out plate) • Perimeter Control o Silt fence, fiber roll, or gravel bag berm, depending upon field conditions. • Dust Control o Twice per day ground watering (spraying/misting) at a minimum. • Site Inspection, maintenance, and recordkeeping. 13.Per Public Works Department requirements the instructions provided in the attached file (Stabilized Construction Entrance/Exit)shall be followed regarding the BMPs. 14.The BMPs shall be inspected by Building Division as a regular construction site. PUBLIC NUISANCE 15. OC405 Partners is responsible for immediately notifying the Police Department of disturbances or crimes occurring at this site. 16.No additional noise outside of current regular daytime traffic is expected at this site. Any noise resulting from the operation of the premises shall be kept at a level so as not to cause any disturbances or nuisances which would be detrimental to other property in the area or to the welfare of the occupants thereof. In the event that any verified complaints are made to the Planning Manager, Building Official, Code Enforcement Manager or to any City department,the applicant shall immediately meet with City staff to discuss mitigation measures. Should such measures fail to alleviate the problem, then the matter may be treated as a nuisance warranting the initiation of revocation proceedings. 17.The applicant shall obtain a banner permit and install a banner sign, visible from McFadden Avenue (with the permit obtained from the City), that provides a phone number and email address where complaints can be sent regarding use of the site. 18.if complaints regarding the site are received, the applicant shall meet with the City to address such complaints and the City may either amend the temporary use permit or Case No.2020-064(TUP) APN: 142-311-34 3 503 cancel the temporary use permit. Any amendment or cancellation of the temporary use permit shall be provided to the applicant in writing. INDEMNIFICATION CLAUSE The applicant agree to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of case no. 2020-064. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of case no. 2020-064, and/or any environmental determination,the applicant agrees to defend the City(at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Westminster's elected officials, appointed officials, officers, and employees. The"applicant" includes the property owner. If you have questions, please contact me at zranjbar@westminster-ca.gov or at (714) 548-3493. If I am not available, feel free to contact Alice Tieu, Assistant Planner, at ATieuawestminster-ca.gov. Sincerely, caiute. Attlee, Zharfa Ranjbar Steven Ratkay,AICP Planning Technician Planning Manager Attachment: Stabilized Construction Entrance/Exit instruction • Case No.2020-064(TUP) APN:142-311-34 4 504 ram` t, VrJ' . •f� t y,a ` ,, . ;\ , `' Property Line "" Proposed Parking Layout �� tF, R LM t - " 3G fi�gg,, yy , x ° s ..,. J `'# i �{ y - - . iiiii is r Temporary Fencing , -.rat u,` r. 1 — ' 6'Tall With Privacyt' ' f i t�,`� 4 �- t Screen along Perimeter i •r i _�t»s� Gtc� y"1`r r F r ! ��� r' r y T I S 41 0. I...,fi » •+�ania t (• e .,�?'^ y` - ,�S t ll{ .,'' CC2 r c., ,,,...- 4_. i ♦a . 1 ,re + C wAy,T I.+ l , yfr ty, "? „7 1 - a k` g3 ty i r 'f '- , .i --Q �, jf '� 1 150'Distance J a°t 6 i r n � < , .. ..,�, x,, Nearest property to r*, `{ ' • --,„,.. i ,, • 4 I', {- rr -ar IsmPerimeter Fence °",,"` < e `��" II If -ry 9 !IL C 9irt tlt - .._... k ( i'' t: 'P y 1.tilt, e.; -"-- '"...4 -f�, ice„ ...® � _ TUP Proposed Area t.,f$!�' 1 ' , t I WHAT:Temporary Parking area for personal vehicles of crews working with the ` I ' 1 y 1-405 Improvement Project. Existing ! I s WHERE:Empty Lot at McFadden Ave between Gothard and Huntington Village Ln. r Construction Yard 4 i .-33.7383341301-117.998406969-West of Extra Space Storage. ii ;.,_ .te � { ` WHEN:Daytime-7:00am to 5:OOpm 1 4 "" I ":" ,-, i HOW:Expected 30 vehicles.See image above for a rendered example of proposed k ^: parking layout . + WHO:Point of Contact:Daniel Guzman(714)873-5144-Area Project Manager for " OC405 Partners JV e ,,ram ^:4. ''�/1V - 3r pt )': �� / ' .�+spy .fit r+.- ; 3 'if ! tr 4- ' :11 kTF ��Vf d '<. 7' 4.. " ' ' "" ,„.„;, \ /' 505 ' '1 11 - . _ 1 Existing Con tr - suction Yard '? - :'*''''*'::::;::.-.,-::i':°'"...:---*-"-*"""t...:;"'":ei411".;K- ----'.'''''Ille:'" . 47-7:"."''''.1;4-''. t444c".--.. ils: -_ l''', '444 '''''. --No., ,, - -- -:"4211.111-1 ..•y—"": ,, ...-__-, .r'::" ' ....+' off, / ' '4..... �,.A 150'Distance Nearest property to Perimeter -' TUP Proposed Area: �! ,g Spillover parking from yard _ `, Fence across McFadden Ail ",,,,,reiek it . . .. .., ..,, ri‘.... , w Temporary Fencing 6'Tall With Priva Screen TCE Aresi , . a , • �—...�. F R 4 506 '`.SO` ORANGE COUNTY FIRE AUTHORITY -f COM '�fi ,1 Plan Submittal Criteria .'i`t` ; COMMERCIAL projects, MULTIFAMILY RESIDENTIAL projects and RESIDENTIAL TRACT developments t., INSTRUCTIONS: ' • Flit In the project/business address and provide a brief description of the scope of wort and type of business operation that will take place. •Answer questions 1 through ID,read and initial Items 11 and 12,then complete and sign the certification section, . • if you answer.-6YE3"to any part of questions 1 through 10,submit the type of plan Indicated In italics to OCFA. • in some cases,other plan types not indicated herein may also be necessary depending on specific conditions or operations, • Visit ywmiy. Qfa.on for submittal Information and locations.If you need assistance in filling out this form or have questions regarding requirements for review,please contact CCFA at714-B73-6108 or visit us at 1 Fire Authorlei Road,Irvine,CA 92602, t►ddt.•. 3X00 W LAKE CENTER DR °°k• 8t SANTA ANA Palliest riusrnne Cava p�(mt • . '�-s05 improvement.roject-to widen the Inter-State 405(I.405)between State Route 73(SR-73)and Inter-elate 605 1. a 15 Construction of a new building,a new story,or Increase the footprint of an existing building? Changes to roadways, curbs,or drive aisles? Addition, relocation,or modification of fire hydrants or fences/gates? Construction within 300 feet of an active or proposed oil well? Fire Master Plan(PRI4S) • 2, 0 om Property is adjacent to a witdland area or non-irrigated native vegetation? Fire Master Plan(PR/43);a Fuel Modification Plan may also be required(PRIM,PR/24) 3. 0® Located in or< 100'from a Division of Oil,Gas,and Geothermal Resources(DOGGR)field boundary,<300'from ' an oillgae seep,or<1000'from a landfill? Methane Work Plan.(PR170) 4. 00Inataliatlonlmodiflcatlonlrepalr of underground piping, baokflow preventers,or fire department connections serving . private fire hydrant/sprinkler/standpipe systems? Underground Plan(PR470,PR473) 5. Q® Drinkingldining/recreation/meetinge/irainIngtrellgious functions or other gatherings In a room > 750 eq.ft. (> 1,000 aq.ft.for training/adufteduoation)or>49 people?Healthcereloutpatlent services for>6 people who may be unable , to Immediately evacuate without assistance?Education for children(academic tutoring for ages 8+is exempt unless classsilied as an E occupancy by the Building Official)?Adult/child daycare?24-hour care/supervlelon?incarceration I or restraint? Hotel/apartment or residential facilty with 3+ units and 3+ stories (3.story townhousealrowhouses ! whew.an independent direct eirit to grade is provided for dwelling are exempt)? Congregate housing/dormitories ; with 17+people? High-rise structure(55+feet to highest occupied floor level)?'Architectural Plan(PR200-PR285) 8. 0 g Inetallation/modlficatIon of locks delaying or preventing occupants from ieavino a space ulring use of a card, button,or similar action to open a door In the,direction of exittravel? droh Sprinide. and/or Alarm Plan depending on the occupancy and type Voles installed(Plt200-PR280,PR420-PR4ZS,P.PRS20) 7. O O Installation/modification/use of spray booths; dust collection; dry cleaning; industrial ovens/drying equipment; industrial/commercial refrigeration systems; compressed'gasses; tanks for cryogenic or flammableicombustible ; liquids;vapor recovery;emoke control; battery back-upiicharging systems (>50 gal. electrolyte,>1,000 lb. lithium ion); weldlnglbrazing/sotdering, open flame torches, cutting/grinding; or other similar operatione? Special Equipment Plan(PR31S,P11340-PR382) 8. C3 Ei Storage/use/research with flammabieloombuetible liquids or other chemicals? Motor vehicle/aircraft maintenance/repair? Cabinetry/woodworkbngifinishing facility? Grans Class &floor plan (Al architectural plan If If occupancy);Special Equipment Plans may be ueceaaary.(PR3I S PR360,PR232-PR240) ' 9. O 0 Storage or merchandizing areas In excess of 500 sq.ft,where items are located higher than 12'(6'for high-hazard commodities,plastic,rubber,foam,etc,)? High-piled Storage Plan(PR330) 10. Cooking under a Type 1 commercial hood; Installation or modification of a fire extingutehing system located in a , R0 commercial cooking hood? Hood dt Duct Ext/nguitingglen,notpust the hood mechanical plan.(PR333) initial each of the following two items Indicating that you have read and understand the statement: ! i 11. A.B. *Sprinklers/Alarms: Consult Building/Fire Codes and ordinances to determine sprinkler/alarm requirements; If a system Is required,plans shell be atbmitted for OCFA review. Existing buildings undergoing remodel must be evaluated by a licensed "la contractor to determine If modfloatlon is needed;if do,contractor shell submit plans prior to making modlflallons. tials 12. B, Fire Hazard Severity Zona:Consult maps available at building department or on OCFA webetle to determine If your site is located A. „ in a FH32. Buildings in a FHSZ may be subject to special construction requirements detailed in CSC Chapter 7A or CRC R327-- mitrra the building department wit determine specific requirements, certify under penalty of perjury under the laws of the State of California that the Above is true: ,•r (071 pantSm . SIMON NAKHOUL slenetun � -Phan•Humh.r ( 714 ) "743-4593 bide 03 / 1 % 2020 Building Depertrnsntt Ifyou have verified than all of the questions have been answered accurately as"NO".and the pro/IN dais not otherwlss require OCFA . review of.+prhihltr or alorat plane•.then you not accept this tlgn d brrn as a wHam release that OCFA rrpl w Is not required 5houidyou still requite that the , applicant have plans gpprowd by OCFA.please inlnal here or attach an OCFA nylons!firm and have the applicant Minn the Arai along with ; appropriate plans and flee fbr OCFA review. . , 507 QC 405. PA NEHS I-405 Improvement Design-Build Project 3100 West Lake Center Drive Second Floor,Santa Ana,CA 92704 Phone 1(858)251-2200 Faxl(612)-241-0889 0C 40 5 Partners 1v is an Affirmative Action/Equal Opportunity Employer www.oc405oartners.com CL#:1021106 Alice Tieu Assistant Planner,Planning Division City of Westminster 4800 W.92nd Ave., Westminster,CO 80031 March 31st,2020 Contract No:C-5-3843 I I-405 Improvement Design-Build Project RE:0C405 TUP Application To whom it may concern, 0C405 Partners,a joint venture("0C405")is requesting from City of Westminster("the City"),access to the parcel,under APN 142-311-34("the Site"),referenced in our TUP submitted on January. As part of our application process, the following letter, along with the attached OCFA checklist, we are providing the following supporting information: 1) What type of materials will you be storing at the construction yard?How large are those pieces?How high will the materials stack up or be? 0C405 Partners will not store materials on this yard. 2) The yard across the street contains many different kinds of construction materials that is currently visible from the street.They have large cylinder metal pieces stacked up real high.Will this site contain similar material or is it strictly used for another type of material? Personal vehicles from the yard across the street will be parked on this empty lot.This will in turn allow for reduced height of material storage on the yard across the street(reduced visual impact),increased worker safety,and reduced on-street parking. On the Site in question,0C405 Partners plans to install 6'tall fencing'privacy screen'along the Site perimeter in order to mitigate the visual impact of the Site to the general public in the vicinity. 3) Will vehicles be parked on-site?What kind of vehicles will enter the site? Only personal vehicles related to the yard across the street will parked on this site(Sedans/Pickup Trucks).No construction equipment will be parked or stored at this site. 4) How often will the site be accessed?What kind of activities will occur on the premise? These vehicles will enter the yard upon the individual's arrival in the morning and exit upon their departure in the afternoon.No access will be allowed outside of daytime business hours. 5) What type of noise might be generated? No additional noise outside that of current regular daytime traffic is expected at this site. 1 Date:2020-03-31 Rev001 508 ... ._ ,.,w ,, .....a.. ...«....x.,.a..i..8u�'"�'N fAlt V`f✓' ��,.,.... z-i�'��,._.,.E....d..�s...i..,.�-.. xa. OC 4Q5 PAH"l NE HS 1-405 Improvement Design-Build Project 3100 West Lake Center Drive Second Floor,Santa Ana,CA 92704 Phone I(858)251-2200 Faxl(612)-241-0889 - OC 40 5 Partners JV is an Affirmative Action/Equal Opportunity Employer www.oc405oartners.com CL#:1021106 All noise levels will comply with Section 14-8.02,Noise Control,of Caltrans standard specifications and in compliance with CALTRANS Traffic Noise Protocol for park and residential areas. No further noise impacts are anticipated;abatement measures that would minimize or eliminate adverse noise impacts on the community will be implemented upon evaluation. 6) What kind of NPDES issues may the site generate and how will it be addressed? OC405 Partners does not anticipate stormwater discharge pollution(NPDES)issues generated from this TUP's activities. However, OC405 Partners implements Best Management Practices (BMP) for pollution prevention, including, but not limited to: • Erosion and Sediment Control: o Street Sweeping o Drain Inlet Protection o Temporary Fiber Rolls • Tracking Control o Street Sweeping o Temporary Construction Entrance(gravel base,filter fabric,and track-out plate) • Perimeter Control o Silt fence,fiber roll,or gravel bag berm,depending upon field conditions. • Dust Control o Twice per day ground watering(spraying/misting)at a minimum. • Site Inspection,maintenance,and recordkeeping 7) Please describe the uses relationship with the facility across the street. See answer to question#2. 8) Site indicates that there will be 30 people.Can you clarify? The number of people on the TUP application is an estimate based on current and projected number of personal vehicles parked at the yard across the street. 2 Date:2020-03-31 Rev001 509 '�Ro® CERTIFICATE OF LIABILITY INSURANCE DAT07 8/2020 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 s°t-. certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 7. PRODUCER AMCONTACT a Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 New York NY Office ( C.No.Eat): FAX No.): (800) 363-0105 ia One Liberty Plaza E.MAIL 0 165 Broadway, Suite 3201 ADDRESS: _ New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC S INSURED INSURER A: Ironshore Specialty Insurance Company 25445 OC 405 Partners, a Joint Venture INSURERB: Westchester Fire Insurance Company 10030 3100 Lake Center Drive Suite 200, INSURER C: Liberty Mutual Fire Ins co 23035 Santa Ana, CA 92704 USA INSURERD: Indian Harbor Insurance company 36940 INSURER E: Liberty Insurance Corporation 42404 INSURER F: COVERAGES CERTIFICATE NUMBER:570082987306 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. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDO/YYYY1 (MWDDincro LIMBS C x COMMERCIAL GENERAL LIABILITY TB2661067035057 07/10/201710/10/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE I I OCCUR DAMAGE TO RENTED $2,000,000 PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 8 GEMLAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 P- PRO _ POLICY n JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 CM OTHER: SIR/Deductible $500,000 n C AUTOMOBILE LIABILITY AS2-661-067035-040 07/10/2020 07/10/2021 COMBINED SINGLE LIMIT '� (Ea accident) $2,000,000 .. ANY AUTO BODILY INJURY(Per person) 0 2 X OWNED —SCHEDULED BODILY INJURY(Per accident) iv AUTOS ONLY AUTOS x HIRED AUTOS x NON-OWNED PROPERTY DAMAGE a ,—ONLY _AUTOS ONLY (Per accident) Deductible $250,000 Ili U UMBRELLA LIAB OCCUR EACH OCCURRENCE — EXCESS LIAB CLAIMS-MADE AGGREGATE OED RETENTION E WORKERS COMPENSATION AND WA7660067035060 07/10/2020 07/10/2023 x PER STATUTE OTH- E EMPLOYERS'LIABILITY Y/N WA766D067035070 07/10/2020 07/10/2023 ER ANY PROPRIETOR/PARTNER/E OFFICER/MEMBEREXCLU EXCLUDED? N/A WA766D067035080 07/10/2020 07/10/2023 E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Sl,000,000— ... DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more apace Is required) 1-405 Improvement Project, OCTA Contract No. c-5-3843 Design-Build La City of Huntington Beach, its officers, elected or appointed officials, employees,.a9ents are included as Additional Insured in .t.J accordance with the policy provisions of the General Liability and Automobile Liability policies. :11 General Liability evidenced herein is Primary to other insurance available to an Additional Insured, but only in accordance ii with the policy's provisions. APPROVED AS TO FORM ("*"."±:"."2: _ ,,,4_ BY;. ,r� r'''i- MYCi1A'EL E CERTIFICATE HOLDER CANCELLATION .GATES .� CITYEDppA.TTT�TORNEY -. EXPIRATION DATE THER OF, NOTICESHOULD ANY OF THE AOVECRI WILL BE DEILIVERED O�iDANC TTHHEE CH POLICY PROVISIONS. LI City of Huntington Beach AUTHORIZED REPRESENTATIVE 2000 Main Street Mill Huntington Beach CA 92648 USA / _/� q,//_a�Q 1 y/� _irks ISZO 110 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 510 AGENCY CUSTOMER ID: 570000071529 A /Iff 1_OC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. OC 405 Partners, a Joint Venture POLICY NUMBER See Certificate Number: 570082987306 CARRIER NAIC CODE See Certificate Number: 570082987306 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBERPOLICY POLICY LTR TYPE OF INSURANCE INSD WVD EFFECTIVET EX PION LIMITS (MM/DD/YYYY) {MM/DD/YYYY) OTHER D Env Owners PPI CE07446433 07/10/2017 10/10/2023 Each claim $1,000,000 Professional Liability SIR applies per policy terms & conditions Aggregate S1,000,000 ACORD 101(2008/01) 02008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 511 Policy Number TB2-661-067035-057 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • Change Endorsement • Named Insured Endorsement number OC 405 Partners 005 The following changes are effective as of the effective dates shown below and will terminate with the policy. All other provisions of the policy remain unchanged. Change Description Effective Date: 02/06/2018 The following form(s)are added per attached: Additional Insured—Owners,Lessees Or Contractors—Scheduled Person Or Organization, Form CG 2010 0413 Additional Insured—Owners, Lessees Or Contractors—Completed Operations,Form CO 20 37 0413 issued: DAZ 02/14/2018 IC 99 99 07 09 ©2008,Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 512 POLICY NUMBER: TB2-661-087035-057 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i A. Section II — Who Is An Insured is amended to 1. All work,including materials,parts.or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for"bodily injury", "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed; or 1. Your acts or omissions;or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to Its behalf; intended use by any person or organization other than another contractor or subcontractor in the performance of your ongoing operations for engaged in performing operations for a principal the additional insured(s) at the location(s) as a part of the same project. • designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section III—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law;and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement;or will not be broader than that which you are 2. Available under the applicable Limits of required by the contract or agreement to provide Insurance shown In the Declarations; for such additional Insured. B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to"bodily injury"or "property damage"occurring after: • CG 2010 0413 0 ISO Properties, Inc.,2012 Page 1 of 2 0 513 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations "The City of Huntington Beach,its officers,elected "All locations as required by a written contract or or appointed officials,employees,agents and agreement entered Into prior to an"occurrence" volunteers." or offense" • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. • CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 2 of 2 514 POLICY NUMBER: TB2-661-067035-057 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) . Location And Description Of Completed Operations "The City of Huntington Beach,Its officers,elected "All locations as required by a written contract or or appointed officials,employees,agents and agreement entered into prior to an"occurrence"or volunteers." offense" Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II —Who is An insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown In the Schedule, but only Section ill—Limits Of Insurance: with respect to liability for "bodily Injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever Is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ®Insurance Services Office,Inc.,2012 Page 1 of 1 • • 515 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART .•• PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • The following is added to the Other Insurance (2)-You have agreed In writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary; primary and would not seek contribution • Primary And Noncontributory Insurance from any other Insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that; (1) The additional insured is a Named Insured under such other insurance;and • • CG 20 01 04 13 ®Insurance Services Office,Inc.,2012 Page 1 of 1 516 1.3 L ai) = O > s � _) v u) ♦O-ie (,) L 0) ♦ . ticu ain 4D C a am w An t a) cm _c L'-' c OO- a u) cp 0 Lo wc ac:• > vii co E v cp 4-1 - - N = oV Q _J sa = O N N M oirAir iiii:r <e‘ S) bH •. i/fr 1., 0# • , i ,,,,,, „,,,,,•� ' , 1)tli '`'' i. ) Ilk° • i ; '' _ A,� 1 t y • • /[44.0 ‘A%*** • k ----r : c7 \ i \ k'....i-- it i ,k. • C3 • ' ,1111 • w.,-- ) i k i ' V, 1 , --: • % th ..... • ,...... , 1 ,, -_-. ' , I' i i ecc, ' -'`... 1 1 :r H'•: :. al• ,�cr.' ewr i....: il I 4 .-----=-. ill ( i ij ' , - 0 ..Z. . c.) 1 • i 7 1 ' .:4:0- : i. t ..0- i ` ''' 4(1)'1: 1 1,' : ''.4(1•114 , A „<,. •.. • , , v .�d { _ . i ► , , . .At . fi fit#�� C 0 - .�4 yip i ti. :a L o,4 i cDr4� 0 , a3v o i 17 ip j{ Ztv -. br f .: i _�fi/3 OR�,ji 0 r a--+ �O N 1.1 0 a) 0 _a V . C CQ Q CO O 0 cn ( 4-' .... 0 L /` — L Il � N CO -C CL.) co . ..a.3 ' c'- (D E 0 ID N O 1- CO O O0- O 0 ai cl- O C T Q "�■■i .., 0 v c L.n CD CO 1- a) (.1) .4 O CEO a) u._ E .N can v O L a) w '‘..) E ci, 4_ 0 =_, O _a O i O 4-1 t■+il (Mn V •- ,p N -j O . (1) c " 0 N I— J CO .= , 1�,CH VIN V C-7 :,moo ,, \A, a.:• A J , - .m �,•o T. (. S -- its Y'p''...,, .......•• C •". 4-1/3 OR �i# LO ♦1.+ Co CD E -o a) = ..- , 0 `- (NI '-. O O O Cs >, C N L 0 O = O C U CZ a. C O D Q 0 0 "0 's_ g) c = CD p O Cl) -0 = L > O - O -i-a o o }, = 2 coca LO -0 to ,1 •0 a) = a)- L_ CT o 0 CI X 0 a) L CD o c� O � ♦., � � y- (i) o cp>, E o E co o 73 -t a) 0- (1) 2 ca Q ' IV Q 0. ._ Q U U Q O 111. • • • T 11PPROVE7) tPE�oN ASSE r) City of Huntington Beach y File #: 20-1785 MEETING DATE: 8/3/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of a License Agreement between the City of Huntington Beach and OC405 Partners JV for temporary worker parking for the 1-405 Improvement Project Statement of Issue: The City Council is asked to approve a new License Agreement with OC405 Partners JV to authorize the use of a City-owned parcel located at the intersection of McFadden Avenue and Gothard Street in the City of Westminster for temporary worker parking for the 1-405 Improvement Project for a term of 32 months. Financial Impact: The Licensee will lease the parcel for $500 per month for a total of $16,000 over the entire term. Recommended Action: Approve and authorize the Mayor, City Manager, and City Clerk to execute the "License Agreement By and Between The City of Huntington Beach and OC405 Partners JV for Temporary Use of City Property" (Attachment 1). Alternative Action(s): Do not approve the License Agreement and direct staff accordingly. Analysis: OC405 Partners JV "Licensee" is the general contractor for the Orange County Transportation Authority's (OCTA) 1-405 Improvement Project. In April 2020. the Licensee approached staff to utilize a vacant and undeveloped parcel owned by the City of Huntington Beach, for the purpose of a temporary parking lot for the employees working on the 1-405 Improvement Project. The City-owned parcel APN 142-311-34 is located northeast of the intersection of McFadden Avenue and Gothard Street within the City of Westminster. The City of Westminster has land use oversight since the parcel is located within its city limits, and has issued a temporary use permit for the use. The parcel City of Huntington Beach Page 1 of 2 Printed on 7/30/2020 powere174 Legistar- File #: 20-1785 MEETING DATE: 8/3/2020 will be used for employee parking only, and no construction will occur on the site. The City Attorney's Office has prepared a License Agreement between the City and Licensee to temporarily lease the vacant parcel. The term of the License Agreement will be for a period of thirty- two (32) months. The initial rent will be $500.00 per month for a total term amount of$16,000.00. The Licensee is required to maintain the site in satisfactory condition and install a gravel base and perimeter fencing prior to the use of the site for worker parking. The Licensee is also required to implement best management practices to control erosion and dust, and comply with all applicable rules and regulations of local, state, and federal agencies. Environmental Status: The approval of the License Agreement is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines, which exempts actions where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The use of the site for temporary worker parking is exempt pursuant to CEQA Guidelines Section 15304 Class 4(e), which exempts minor temporary use of land having negligible or no permanent effects on the environment. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1) License Agreement between the City of Huntington Beach and OC405 Partners JV for Temporary Use of City Property, Orange County Fire Authority Plan Submittal Criteria City of Huntington Beach Page 2 of 2 Printed on 7/30/2020 poweret7a LegistarTM LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND OC405 PARTNERS JV FOR TEMPORARY USE OF CITY PROPERTY This License Agreement is made and entered into by and between the CITY OF HUN'I'INGTON BEACH, a municipal corporation of the State of California hereinafter referred to as "CITY," and OC405 PARTNERS JV, a California Joint Venture Partnership, hereafter referred to as"LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use CITY-owned property, described as follows: APN 142-311-34-Northeast corner of McFadden Ave.and Gothard St.,depicted in the map, attached hereto and incorporated herein by reference as Exhibit"A" (the"Property") in the City of Westminster for the purposes of vehicular storage;and CITY desires to allow such use as necessary for the purposes stated above in connection with the OC405 Partners JV project;and The proposed use of the Property is permitted per the City of Westminster's Temporary Use Permit dated May 19, 2020, attached hereto and incorporated herein b /� reference as Exhibit"B". NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the Property for the purpose described above. 2. TERM. The term of this License shall be for a period of thirty two(32)months or until January 1,2023 upon execution by the CITY. 3, RENT. In consideration of this License,the LICENSEE shall pay five hundred dollars($500.00)per month in rent. Rent shall be paid in advance of the I"day of each month, and becomes delinquent on the 101h day of each month. Rent shall be paid to the City of Huntington Beach and can be mailed to: P.O.Box 711,Huntington Beach,CA 92648-0711. In addition to Rent, LICENSEE shall pay to the entities entitled thereto all taxes, assessments,insurance premiums,maintenance charges and any other charges,costs and expenses against the Property which may be contemplated under any provision of this License. 20-8636l229975 1 4. INDEMNIFICATION DEFENSE, HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify, and hold and save harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers against any and all liability, claims, damages, losses, expenses, defense costs, judgments, costs, demands, and consequential damage or liability of any kind, however caused, including those resulting from death or injury. This includes death or injury arising directly or indirectly out of the obligations or operations herein undertaken by LICENSEE, caused in whole or in part by any negligent act, omission, or intentional act of the LICENSEE, any subcontractors/sub LICENSEES, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them are liable, including but not limited to concurrent active or passive negligence or willful misconduct. LICENSEE will conduct all defenses at its sole cost and expense and CITY shall approve selection of LICENSEE'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 LICENSEE. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment onto the Property pursuant to this License. As required by the State of California, LICENSEE shall maintain such Workers' Compensation Insurance per Statutory Limits, and Employer's Liability insurance in an amount of not less than One Million Dollars ($1,000,000) per accident for bodily injury or disease, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to the CITY. 6. GENERAL LIABILITY INSURANCE. In addition to the workers' compensation and employer's liability insurance and LICENSEE's covenant to defend, hold harmless and indemnify CITY, LICENSEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Premises. This policy shall indemnify LICENSEE, its officers,employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Agreement, and shall provide coverage, on ISO form CG 00 01 or equivalent, in not less than the following amount: combined single limit bodily injury and 20-8636/229975 2 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 Two Million Dollars ($2,000,000) for this Agreement. This-policy shall name the CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage available to the CITY, which may be applicable to the Agreement, shall be deemed excess coverage and that LICENSEE'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 without CITY approval. LICENSEE shall be for causing all Subcontractors/Sub LICENSEES and/or any other entity using the premises to maintain the same types and limits of insurance coverage as that required of LICENSEE by this Agreement. The insurance provided shall be primary insurance. Excess and/or umbrella coverage will not be accepted in lieu of or as a substitution for General Liability coverage. 7. CERTIFICATES OF INSURANCE ADDITIONAL INSURED. Prior to the encroachment onto the Property pursuant to this License, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the CITY Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, covering both ongoing and completed operations, naming the CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds shall be provided to the CITY for approval prior to the encroachment onto the 20-8636/229975 3 Property pursuant to this License. If LICENSEE has insurance coverages that exceed or are in addition to the above mentioned coverage, the CITY is entitled to any and all insurance coverages available to LICENSEE. 8. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Property. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Property. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 9. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys' fees. 10. MAINTENANCE. LICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. LICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event LICENSEE does not maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty(30)days of billing. In the event any damage is caused to the Property, as a result of the use authorized hereunder, LICENSEE 20-8636/229975 4 agrees to repair same at its own expense. 11. IMPROVEMENTS. LICENSEE is required to complete the following improvements within five (5) days of the commencement of this Agreement: a. Install crushed aggregate gravel base over the entire Property prior to the storage of vehicles; b. Provide chain link fence covering/screening and regular graffiti abatement over the entire length of the existing chain link fence; and C. Provide, as necessary, improvements to maintain and secure the Property and vehicle storage Any other proposed improvements must be presented in writing and approved by the CITY in writing prior to installation. 12. ACCESS a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to Licensee to the extent required for authorized operations. LICENSEE'S exercise of such rights shall not cause undue inconvenience to CITY. All LICENSEE'S operations shall comply with all ordinances, regulations, and laws. b) LICENSEE shall, at its sole cost and expense, maintain and repair the Property and LICENSEE'S Facilities including, but not limited to, the removal of all trash, debris and graffiti. If LICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this Agreement, LICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 13. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the Property under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of LICENSEE. 14. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant 20-8636/229975 5 or contractor for CITY. 15. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. LICENSEE further agrees to clean-up and remediate any hazardous substance on the Property, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY, its employees or agents. "Hazardous substance"shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 16. TERMINATION AND DEFAULT. a.) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in CITY's and LICENSEE'S judgment, LICENSEE shall have the right, but not the obligation, to terminate the License with respect to the Premises by giving written notice to CITY within thirty (30) days after such damage, destruction or condemnation, if by virtue of such damage, destruction or condemnation, CITY and LICENSEE determine that the Premises are no longer adequate for LICENSEE to continue its operations, or that any repairs to the Premises necessary for LICENSEE to continue its operations have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. b.) In the event of condemnation, unless LICENSEE is allowed by the condemning authority to continue its operations on the Premises,the License shall terminate as of the date title to the Property and/or Premises vests in the condemning authority or LICENSEE is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, LICENSEE's entitlement to any award or 20-8636/229975 6 payments, if any, shall be limited to relocation benefits afforded to LICENSEE pursuant to State or Federal eminent domain / condemnation laws shall be entitled to any and all awards, payments and relocation benefits afforded to them through local, State or Federal eminent domain/condemnation laws shall not state the entire award shall be paid to CITY. c.) This License may be terminated on thirty (30) days prior written notice by CITY upon a default by LICENSEE of any covenant or term, material or otherwise, hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default, provided that the grace period for any monetary default is fifteen (15) days from receipt of notice, or d.) CITY may terminate this License in its sole and absolute discretion at any time upon sixty (60) days prior written notice to the LICENSEE. RELOCATION ASSISTANCE. In the event this License is terminated, LICENSEE shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under City, State or Federal relocation assistance plans. 17. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 18. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Property. 19. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: City of Huntington Beach OC405 Partners Attention: Real Estate Office Attention: Azzam Saad 2000 Main Street 3100 W Lake Center Dr. Huntington Beach, CA 92648 Santa Ana, CA, 92704 20-8636/229975 7 20. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Property area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 21. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. 22. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. [SIGNATURES ON SEPARATE PAGE] 20-8636/229975 8 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on A t.L C7cf 3T -3,2020. LICENSEE: CITY: OC405 Partners JV, a California Joint Venture CITY OF HUNTINGTON BEACH,a Partnership municipal corporation of the State of f California By: Ala yor Print Name ITS: :circle are hoi*rrma�n/Pr�identNice President p By: 1)1P4C?-W L IZt-*N ic4 t w y L4 City Manager Print Name ITS: (circle one) Secretary/Chief Financial Officer/Asst, APPROVED AS TO F Secretary-Treasure City Attorney IACEIVE AND FILE: City Clerk Date /7 rX C Exhibits: A. Assessor's Parcel Map B. City of Westn inter TUP 20-863&229975 9 Exhibit A ki �Y. .,• M ' Property Line Proposed Parking Layout � 'j m,. Temporary Fencing b, ~ t 6'Tall With Privac, _. Screen along Pen meter ` 150'Distance t IWO#--" Nearest property to .r. Perimeter Fence c, Bulk � . w i TUP Proposed Area WHAT:Temporary Parking area for personal vehicles of crews•.-orking with the 1-405 Improvement Project. Existing iiii, WHERE:Empty Lot at McFadden Ave betv,een Gothard and Huntington Village Ln Construction Yard 1 33.7383341301-117.998406969-West of Extra Space Storage. dA ., WHEN: Daytime-7 00am to 5:00pm HOW: Expected 30 vehicles See image above for a rendered example of proposed parking layout ! WHO:Point of Contact Daniel Guzman ;714i 873-5144-Area Project Manager for t ob OC405 Partners JV w ,F • , Ao f . 1 Exhibit "B" City of Westminster 8200 Westminster Boulevard,Westminster,CA 92683114.89B.3311 www.westminster-co.gov TRI TA Mayor KIMBERLY HO Vice Mayor SERGIO CONTRERAS May 19, 2020 Council Member Attn: Daniel Guzman TAI00 OC 405 PARTNERS JV {ouncilMember 3100 W Lake Center Dr. Santa Ana, CA 92704 CHI CHARLIE NGUYEN Council Member SHERRYJOHNSON Interim City Manager Subject: Temporary Use Permit (Case No. 2020-064), OCTA's 1-405 Temporary parking employees' personal vehicles at APN #: 142-311-34. Dear Mr. Guzman: Your application requesting approval of a temporary employee's parking for OCTA's I- 405 improvement project at APN 142-311-34 running from May 19, 2020 to December 31, 2020 has been approved subject to compliance with the following conditions of approval Description of Temporary Use.- * Temporary parking of employees' vehicle on a 1.16 acre site. • The hours of operation from 7:00 am to 5:00 pm, daily for the duration of the permit. • No equipment, other than employee vehicles shall be stored onsite. _ ® A privacy screen shall be installed along the perimeter of the site subject of the approval of the Planning Division. 6 Safety signs will be installed per OSHA and City Standards. • A maximum of 30 employees' vehicles may be parked onsite. Conditions of Approval: 1. The subject property shall be developed for the use and in the manner requested and shall be in substantial conformity with the plans as reviewed by the approving body unless revised or modified by the approving body. Case No.2020-064(TUP) APN: 142-311-34 1 2. This permit is limited to allowing employees parking for those employees associated with OCTA's 1405 improvement project running from May 19, 2020 to December 31, 2020. 3. The hours of operation in which vehicles may be parked onsite are from 7:00 am to 05:00 pm, daily and only during the duration of the permit. This TUP will terminate at midnight, December 31, 2020 and any subsequent TUP application for the same use will be based upon the performance of this TUP. Any subsequent TUP application for the same use shall be submitted to the Planning Division no later than November 16, 2020. 4. Any type of retail sales or used merchandise are prohibited. No construction/ contracting equipment shall be parked or stored at this site. Only personal employee vehicles related to the construction yard across the street shall parked on this site (Sedans/Pickup Trucks). 5. In order to mitigate the visual impact of the site to the general public in the vicinity, the subject parcel shall install a six foot high chain link fence with a durable green screen along the site perimeter. In the event that vehicles stored onsite can be viewed from outside the site, the applicant shall replace the green screen, subject to the review and approval of the Planning Division. 6. Access to the site shall be allowed only during the daytime business hours between 7:00 am to 05:00 pm, daily. PUBLIC HEALTH,SAFETY AND WELFARE 7. The use shall comply with all federal, state and local laws; including but not limited to fire safety requirements from the Orange County Fire Authority, and environmental health safety requirement from the Orange County Health Care Agency. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit. In addition, the operator is responsible for ensuring all necessary permits from these agencies are obtained. 8. Fire department access roads shall remain unobstructed at all times. Do not block and/or cover fire hydrants and fire department connections. 9. Portable signs, such as "A" frame signs, are prohibited in the City. Approval to use such signs must be obtained from the Engineering and Planning Division. Directional signs utilized for traffic must be approved by the City's Public Works Engineering Department at(714) 548-3462. 10.No driveways or access to other properties shall be blocked off by this use. 11.The site shall be left clean and free of debris at the end of each day of the use and restored to pre-operating conditions. Case No.2020-064(TUP) APN: 142-311-34 2 12.In order to prevent NPDES issues applicant shall implements Best Management Practices (BMP)for pollution prevention, including, but not limited to: ■ Erosion and Sediment Control: o Street Sweeping o Drain Inlet Protection o Temporary Fiber Rolls • Tracking Control: o Street Sweeping o Temporary Construction Entrance (gravel base, filter fabric, and track-out plate) ■ Perimeter Control o Silt fence, fiber roll, or gravel bag berm, depending upon field conditions. ■ Dust Control o Twice per day ground watering (spraying/misting) at a minimum. ■ Site Inspection, maintenance, and recordkeeping. 13.Per Public Works Department requirements the instructions provided in the attached file (Stabilized Construction Entrance/Exit) shall be followed regarding the BMPs. 14.The BMPs shall be inspected by Building Division as a regular construction site. PUBLIC NUISANCE 15. OC405 Partners is responsible for immediately notifying the Police Department of disturbances or crimes occurring at this site. 16.No additional noise outside of current regular daytime traffic is expected at this site. Any noise resulting from the operation of the premises shall be kept at a level so as not to cause any disturbances or nuisances which would be detrimental to other property in the area or to the welfare of the occupants thereof. In the event that any verified complaints are made to the Planning Manager, Building Official, Code Enforcement Manager or to any City department, the applicant shall immediately meet with City staff to discuss mitigation measures. Should such measures fail to alleviate the problem, then the matter may be treated as a nuisance warranting the initiation of revocation proceedings. 17.The applicant shall obtain a banner permit and install a banner sign, visible from McFadden Avenue (with the permit obtained from the City), that provides a phone number and email address where complaints can be sent regarding use of the site. 18.If complaints regarding the site are received, the applicant shall meet with the City to address such complaints and the City may either amend the temporary use permit or Case No.2020-064(TUP) APN: 142-311-34 3 cancel the temporary use permit. Any amendment or cancellation of the temporary use permit shall be provided to the applicant in writing. INDEMNIFICATION CLAUSE The applicant agree to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of case no. 2020-064. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of case no. 2020-064, and/or any environmental determination,the applicant agrees to defend the City(at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Westminster's elected officials, appointed officials, officers, and employees. The"applicant" includes the property owner. If you have questions, please contact me at zranibar(-Westminster-ca.aov or at (714) 548-3493. If I am not available, feel free to contact Alice Tieu, Assistant Planner, at ATieuCa)westminster-ca.gov. Sincerely, e Zharfa Ranjbar Steven Ratkay, AICP Planning Technician Planning Manager Attachment: Stabilized Construction Entrance/Exit instruction Case No.2020-064(TUP) APN:142-311-34 4 Property Line r Proposed Parking Layout 377 1 A - � 6'Tall With Privacy Temporary Fencing • �. Screen along Perimeter 71 150'Distance ` ublI st�� Nearest property to �- Perimeter Fence r 06 - -w- -• .w.—�- ••. TUP Proposed Area a Opt - t WHAT:Temporary Parking area for personal vehicles of crews working with the ` 1-405 Improvement Project. Existing WHERE:Empty Lot at McFadden Ave between Gothard and Huntington Village Ln. Construction Yard s 33.7383341301-117.998406969-West of Extra Space Storage. WHEN:Daytime-7:00am to 5:00pm HOW:Expected 30 vehicles.See image above for a rendered example of proposed ` parking layout e WHO:Point of Contact:Daniel Guzman(714)873-5144-Area Project Manager for OC405 Partners JV M •4 Existing Construction Yard :. 150'Distance TUP Proposed Area: Nearest nrooertv to Perimeter Fence Spillover parking from yard across McFadden , Pow Temporary Fencing "....r"". 6'Tall With Privacy Screen TCE Area is r A ORANGE COUNTY FIRE AUTHORITY Plan Submittal Criteria com COMMERCIAL projects, MULTIFAMILY RESIDENTIAL projects and RESIDENTIAL TRACT developments INSTRUCTIONS: - • fill In the project(buslness address and provide a bdef description of the ecops of wort and type of business operation that will take place. • Answer questions 1 through%read and Initial Items 11 and 12,then complete and sign(he certification section. • If you answer.-'YES"to any part of questions 1 through 10,submit the type of plan Indicated In Italics to OCFA. • In some cases,other plan types not Indicated herein may also be necessary depending on specific conditions or operations, • Malt mM9 a.om for submittal information and locations.if you need assistance In filling out this form or have questions regarding requirements for review,please contact OCFA at 714-673.0108 or vteR us at 1 Fire Authority Road,Irvine,CA 92602. Ad "' 3100 W LAKE CENTER DR some citySANTA ANA P�1 t au.ness oaea Ion I 0 mprovement Project-to widen the Inter-State 405(1-405)between State Route 73 SR-73 and to 1. X� Construction of a new building,a new story,or increase the footprint of an existing building? Changes to roadways, curbs,or drive aisles? Addition, relocation, or modification of fire hydrants or fences/gates? Construction within 300 feet of an active or proposed oil well? Mrs Master Plan(PRi45) 2. O O Property is adjacent to a wildland area or non-Irrigated native vegetation? h7re Master Plan(PR145);a Alue1 Modpwilon Plan may also be required.(PR120.PR124) 3. OLocated In or< 100'from a Division of OII,Gas,and geothermal Resources(DOGGR)field boundary,<30W from an oiVgae seep,or<1000'from a IandfNl? Mathane Work Plan.(PRi70) 4. W® Installationlmodiflcation/repalr of underground piping, backflow preventere, or fire department connections serving } private fire hydrantleprinkledstandplpe systems? Underground Plan.(PR470,PR47f) Drinking/dining/recreation/maetingeAralning/milglous functions or other gatherings In a room > 760 sq.ft. (> 1,000 sq.ft.for training/aduiteducatlon)or>48 people?Headthcare/outpatlent services for>6 people who may be unable to Immediately evacuate without assistance?Education for children(acadam/c tutoring forages 8+is exempt unless olossftd as an E occupancy by the Building Olffcial)?Aduluchlld daycare?24-hour care/supervision?Incarceration 1 or restraint? HoteVapartment or residential facility with 3+ units and 3+ stories (3atory townhouseshowhouses where an Independent direct exit to grade is provided for dwelling are exempl)? Congregate housing/dormliories with 17+people? High-rise stricture(66+feet to highest occzupled floor level)?'Archltechaal Plan(PR200-PR285) 6. O X Installation/modification of locks delaying or preventing occupants from leaving a spaceor requiring use of a card, button, or similar action to open a door In the direction of exit travel? drehltq Sprinkler. and/or Alarm Plan depending on the ocafamy and Dope of device lowalled(PR200-PR280,PR4?0-1R423.PR A320) 7. O X� Installation/modificatlonluse of spray booths; dust collection; dry cleaning; Industrial ovens/drying equipment; Industrial/cornmerclal refHgeratlon systems; compressed gasses; tanks for cryogenic or flammableloombustible liquids;vapor recovery;smoke control; battery back-WehmVing systems (> 60 gal. electrolyte,> 1,000 lb. lithium ion); welding/brazingleoldering, open flame torches, culting/gdnding; or other similar operations? Special tsgrtlprrent Plan(PR315,PR340-PR382) 8. X� Storega/usa/research with flammablelocmbust(ble liquids or other chemicals? Motor vehlcle/alrcraft malntenaneg/repair? Cabinetry/woodworking/flnishlng facility? Chem Class &floor plan Oil architectural plan If , H occupancy);Spada!Squtpment Plana may be necessary.(PR3I5-PR360,PR232-PR240) -- 6, Storage or merchandlzing areas In excess of 500 sq.ft.where items are located higher than 12'(t3'for high-hazard CIO commodities,plastic,rubber,foam,etc,)? High-plied Storage Plan(PR330) ` 10.0D'Cooking under a Type i commercial hood; installation or modification of a fire extinguishing system located In a commercial cooking hood? Hood do Duct Edingulrhing 4Wem,not just the hood mechanical plan.(PR33S) Initial each of fhe folowing two Imms'indisating that you have read and understand the statement: 11. A.B. `Sprinklere/Alarms: Consult Building/Fire Codes and ordinances to determine sprinkler/alarm requirements; If a system Is required, plans shell be submitted for OCFA review. Existing buildings undergoing remodel must be evaluated by a licensed Ig NOWPOMP contractor to determine if mocflcation le neaded;If tio,contractor shall submit plans prior to making modifications. 12. A.B. Fire Hazard Severity Zane:Consult maps available at building department or on OCFA webelte to determine If your site is located i In a FHW. Buildings In a FHSZ may be subject to special construction requirements detailed In CBC Chapter 7A or CRC R327-- rn I'^ the building department will determine spedRc requirements, caft under penalty of perjury under the laws of the State of California that the above Is true: rmt ems SIMON NAKHOUL eM ure ha"'Nuffawr ( 714 ) '743-4593 Qats 03 / 31 / 2020 11utlding Oepartmentt If you have vertJled that all ojfhe queellone have been answered aceivately as"NO".and OW project does not orherwlre require OCFA ;I review of sprinuer or a/arnt piav!then you"aeeepl ihh signedJbret as a written release that OCFA review Is not required. Should you still require that the appticatt have plan approved by OCFA,please initial heir or at"an OCFA reJbrrai jbrat and have the app/leant submit the form along with the ; approprlata PIONS andjtesjbr OCFA review. �)•t�A•iarF ; IOC 405 f'ART1Vf " 1-405 Improvement Design-Build Project 3100 West Lake Center Drive Second Floor,Santa Ana,CA 92704 Phone 1(858)251-2200 Faxl(612)-241-0889 OC 40 5 Partners JV is an Affirmative Action/Equal Opportunity Employer www.oc405l)artners.com CL#:1021106 Alice Tieu Assistant Planner, Planning Division City of Westminster 4800 W.92nd Ave., Westminster, CO 80031 March 31".2020 Contract No:C-5-3843 1 1-405 Improvement Design-Build Project RE:OC405 TUP Application To whom it may concern, OC405 Partners,a joint venture("OC405")is requesting from City of Westminster("the City"),access to the parcel,under APN 142-311-34("the Site"), referenced in our TUP submitted on January. As part of our application process, the following letter, along with the attached OCFA checklist, we are providing the following supporting information: 1) What type of materials will you be storing at the construction yard?How large are those pieces?How high will the materials stack up or be? OC405 Partners will not store materials on this yard. 2) The yard across the street contains many different kinds of construction materials that is currently visible from the street.They have large cylinder metal pieces stacked up real high.Will this site contain similar material or is it strictly used for another type of material? Personal vehicles from the yard across the street will be parked on this empty lot.This will in turn allow for reduced height of material storage on the yard across the street(reduced visual impact), increased worker safety, and reduced on-street parking. On the Site in question,OC405 Partners plans to install 6'tall fencing'privacy screen'along the Site perimeter in order to mitigate the visual impact of the Site to the general public in the vicinity. 3) Will vehicles be parked on-site?What kind of vehicles will enter the site? Only personal vehicles related to the yard across the street will parked on this site(Sedans/Pickup Trucks).No construction equipment will be parked or stored at this site. 4) How often will the site be accessed?What kind of activities will occur on the premise? These vehicles will enter the yard upon the individual's arrival in the morning and exit upon their departure in the afternoon. No access will be allowed outside of daytime business hours. 5) What type of noise might be generated? No additional noise outside that of current regular daytime traffic is expected at this site. 1 Date:2020-03-31 Rev001 _6w� OC ,0 YP.f?lN0 1-405 Improvement Design-Build Project 3100 West Lake Center Drive Second Floor,Santa Ana,CA 92704 Phone I(858)251-2200 Faxl(612)-241-0889 OC 40 5 Partners 1V is an Affirmative Action/Equal Opportunity Employer www.oc405partners.com CL#:1021106 All noise levels will comply with Section 14-8.02, Noise Control,of Caltrans standard specifications and in compliance with CALTRANS Traffic Noise Protocol for park and residential areas. No further noise impacts are anticipated; abatement measures that would minimize or eliminate adverse noise impacts on the community will be implemented upon evaluation. 6) What kind of NPDES issues may the site generate and how will it be addressed? OC405 Partners does not anticipate stormwater discharge pollution (NPDES) issues generated from this TUP's activities. However, OC405 Partners implements Best Management Practices (BMP) for pollution prevention, including, but not limited to: • Erosion and Sediment Control: o Street Sweeping o Drain Inlet Protection o Temporary Fiber Rolls • Tracking Control o Street Sweeping o Temporary Construction Entrance(gravel base,filter fabric, and track-out plate) • Perimeter Control o Silt fence, fiber roll,or gravel bag berm,depending upon field conditions. • Dust Control o Twice per day ground watering(spraying/misting)at a minimum. • Site Inspection, maintenance,and recordkeeping 7) Please describe the uses relationship with the facility across the street. See answer to question 42. 8) Site indicates that there will be 30 people.Can you clarify? The number of people on the TUP application is an estimate based on current and projected number of personal vehicles parked at the yard across the street. 2 Date:2020-03-31 Rev001 A� CERTIFICATE OF LIABILITY INSURANCE DATE07'82020YYY) 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 �y— certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Z PRODUCER CONTACT (D Aon Risk Services Northeast, Inc. NAME: PHONE New York NY Offi Ce (A'C.No.Ext)c (866) 283-7122 aC No.): (800) 363-0105 G1 a One Liberty Plaza E-MAIL o 165 Broadway, Suite 3201 ADDRESS: Z New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Ironshore Specialty Insurance Company 25445 OC 405 Partners, a Joint Venture INSURERB: Westchester Fire Insurance Company 10030 3100 Lake Center Drive suite 200, INSURERC: Liberty Mutual Fire Ins Co 23035 Santa Ana, CA 92704 USA INSURERD: Indian Harbor insurance Company 36940 INSURERE: Liberty Insurance Corporation 42404 INSURER F: COVERAGES CERTIFICATE NUMBER:570082987306 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. Limits shown are as requested POLICY EFF POLICY EXP LTR INSR TYPE OF INSURANCE INSD WVD SUBRI POLICY NUMBER MM/DD/YYY MhLDD/YYYV LIMITS X COMMERCIAL GENERAL LIABILITY TB 1 57 EACH OCCURRENCE $2,OOO,OOO CLAIMS-MADE ❑X OCCUR DAMAGE TO R=U PREMISES Ea occurrence) $2,000,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $2,000,000 p �GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $4,000,000 r-POLICY PRO I�LOC rn JECT u PRODUCTS-COMP/OPAGG $4,000,000 � OTHER: SIR/Deductible $500,000 0 C AUTOMOBILE LIABILITY As2-661-067035-040 07110120200711012021 COMBINEDSINGLELIMIT $2,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) C Z X OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS PROPERTY DAMAGE X HIRED AUTOS X NON-OWNED U ONLY AUTOS ONLY Per accident) — Deductible $250,000 r d UMBRELLALIAB OCCUR EACH OCCURRENCE U EXCESS LAB CLAIMS-MADE AGGREGATE �DED RETENTION E WORKERS COMPENSATION AND WA766DO67035060 07/10/2020 07/10/2023 X PER STATUTE OTH- F EMPLOYERS'LIABILRY YIN WA766DO67035070 07/10/2020 07/10/2023 ER ANVPROPRIETOR'PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 E OFFICER/MEMBEREXCLUDED' NI N/A WA766DO67035080 07/10/2020 07/10/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $l,OOO,OOO— AM DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) y I-405 Improvement Project, OCTA Contract NO. C-5-3843 Design-Build L., City of Huntington Beach, its officers, elected or appointed officials, employees, agents are included as Additional Insured in -i accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability evidenced herein is Primary to other insurance available to an Additional insured, but only in accordance with the policy's provisions. APPROVED AS TO FORM = �.. , CERTIFICATE HOLDER CANCELLATION M CH E. GATES r-- SHOULD ANY OF THE ABOVE DESCRIBED POLIC�EMF0fAiPQ110111,NI BEACH iy EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Huntington Beach AUTHORIZED REPRESENTATIVE +' 2000 Main Street Huntington Beach CA 92648 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071529 'L.00#: A �® ADDITIONAL REMARKS SCHEDULE AGENCY Page _ of _ NAMED INSURED Aon Risk Services Northeast, Inc. OC 405 Partners, a Joint venture POLICY NUMBER See Certificate Number: 570082987306 CARRIER NAIC CODE see certificate Number: 570082987306 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBER POLICY POLICY LTR TYPE OF INSURANCE LNSD WVD EFFECTIVE EXPIRATION LIMITS DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER D Env Owners PPI CEo7446433 07/10/2017 10/10/2023 Each Claim $1,000,000 Professional Liability SIR applies per policy to ms & conditions Aggregate $1,000,000 EE ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TI32-661-067035-057 issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement Named Insured Endorsement number OC 405 Partners 005 The following changes are effective as of the effective dates shown below and will terminate with the policy. All other provisions of the policy remain unchanged. Change Description Effective Date: 02/06/2018 The following form(s)are added per attached: Additional Insured—Owners, Lessees Or Contractors—Scheduled Person Or Organization, Form CG 20 10 04 13 Additional Insured—Owners, Lessees Or Contractors—Completed Operations, Form CG 20 37 0413 Issued: DAZ 02/14/2018 IC 99 99 07 09 0 2008,Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 POLICY NUMBER: T62-661-067035-057 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i A. Section II — Who Is An Insured is amended to 1. All work,including materials,parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for"bodily injury', "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed; or 1. Your acts or omissions;or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to.its behalf; intended use by any person or organization other than another contractor or subcontractor In the performance of your ongoing operations for engaged in performing operations for a principal the additional insured(s) at the location(s) as a part of the same project. designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section III—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law; and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement;or will not be broader than that which you are 2. Available under the applicable Limits of required by the contract or agreement to provide Insurance shown in the Declarations, for such additional insured. B. With respect to the Insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 2010 0413 0 ISO Properties, Inc.,2012 Page 1 of 2 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations "The City of Huntington Beach, its officers,elected "All locations as required by a written contract or or appointed officials,employees,agents and agreement entered into prior to an 'occurrence" volunteers." or offense" Information required to complete this Schedule if not shown above will be shown in the Declarations. CG 2010 0413 ®Insurance Services Office, Inc,, 2012 Page 2 of 2 POLICY NUMBER: TB2-661-067035-057 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anization s . Location And Description Of Completed Operations "The City of Huntington Beach, its officers,elected "All locations as required by a written contract or or appointed officials,employees,agents and agreement entered into prior to an"occurrence"or volunteers:' offense" Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section it —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -• OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and i i f i CG 20 01 0413 0 Insurance Services Office,Inc.,2012 Page 1 of 1 i, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OFFICE OF BUSINESS DEVELOPMENT TO: Oliver Chi, City Manager FROM: Ursula Luna-Reynosa, Director of Community Development DATE: August 3,2020 SUBJECT: Late Communication for Council Meeting Item#17—Approve and authorize execution of a License Agreement between the City of Huntington Beach and OC405 Partners JV for temporary worker parking for the I-405 Improvement Project Replace page 1 of the agreement with the following page which is attached. The material change is the issuance date of the temporary use permit from April 71h, 2020 to May 19,2020,the official approval date of the application. In Exhibit B: Please replace the document entitled"City of Westminster Planning Division— Temporary Use/Event Permit Application"with the attached following document: 1.) Temporary Use Permit(Case No. 2020-064). OCTA's I-405 Temporary parking employees' personal vehicles at APN#142-311 SUPPLEMENTAL COMMUNICATION Meeting Date: ��43/A Agenda ttem No.: LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND OC405 PARTNERS JV FOR TEMPORARY USE OF CITY PROPERTY This License Agreement is made and entered into by and between the/ereinafter F HUNTINGTON BEACH, a municipal corporation of the State of California, referred to as "CITY," and OC405 PARTNERS JV, a California Joint Venture Partnership, hereafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission,to use CITY-owned property, described as follows: �! APN 142-311-34-Northeast corner of McFadden Ave. and/Gothard St.,depicted in the map, attached hereto and incorporated herein by reference as E ibit "A" (the "Property") in the City of Westminster for the purposes of vehicular storage and CITY desires to allow such use as necessary for the purposes stated above in connection with the OC405 Partners JV project; and The proposed use of the Property is p itted per the City of Westminster's Temporary Use Permit dated April 7th, 202 ttached hereto and incorporated herein by reference as Exhibit"B". NOW, THEREFORE, consideration of the promises and agreements hereinafter made and exchanged, thhq�parties covenant and agree as follows: 1. PERMISSION. P4ission is hereby given to LICENSEE to enter upon and use the Property for the purp e described above. 2. TERM. T�1e term of this License shall be for a period of thirty two (32)months or until January 1, 2023�Zpon execution by the CITY. 3. REN In consideration of this License,the LICENSEE shall pay five hundred dollars ($500.00) /r month in rent. Rent shall be paid in advance of the 15t day of each month, and becomes delinquent on the 1 oth day of each month. Rent shall be paid to the City of Huntington B ach and can be mailed to: P.O. Box 711, Huntington Beach, CA 92648-0711. a In addition to Rent, LICENSEE shall pay to the entities entitled thereto all taxes, as ssments, insurance premiums, maintenance charges and any other charges, costs and expenses against the Property which may be contemplated under any provision of this License. 20-8636/229975 1 y, CI"1'Y of 4VI;S1'M1NS'I I:R � DATE SUBMITTED PL-103 - - -- - ' PLANNING DIVISION PROJECT CASE NO. TEMPORARY USE I EVENT PERMIT APPLICATION HDL PERMIT NO. TEMPORARY • • BUSINESS LICENSE NUMBER BUSINESS NAME LICENSE EXPIRATION DATE 068871 OC405 PARTNERS JV 01/31/2021 ASSESSOR'S PARCEL NUMBER STREETADDRESS EMPTY LOT @ MCFADDEN AVE&GOTHARD. 142-311-34 33044'17.8"N 117059'54.4"W TEMPORARYDESCRIPTION DATE(S)OF USEIIEVENT HOURS OF OPERATION April 06, 2020 to January 01,2023 7:OOAM TO 5:OOPM DESCRIBE IN DETAIL THE PURPOSE AND ACTIVITIES OF THE PROPOSED TEMPORARY USE OR TEMPORARY EVENT(ATTACH ADDITIONAL DESCRIPTION, IF NECESSARY) OC405 Partners JV,general contractor for OCTA's 1-405 Improvement Project, plans to utilize the available space in the vacant and undeveloped APN 142-311-34 as temporary parking employee's and laborer's personal vehicles. No construction will take place on-site. APPLICANT INFORMATION CONTACT • APPLICANT NAME PERSON(S)LISTED MUST BE PRESENT AT ALL TIMES DURING THE EVENT OC405 PARTNERS JV AND MUST HAVE THE AUTHORITY TO MAKE DECISIONS CONCERNING THE EVENT OR USE. APPLICANT ADDRESS CONTACT NAME 3100 W LAKE CENTER DR DANIEL GUZMAN-AREA PROJECT MANAGER CITY STATE ZIP CODE PHONE EMAIL SANTA ANA CA 92704 (714)873-5144 D.GUZMAN OC405.COM — ------- ---- PHONE FAX CONTACT NAME (858)251-2200 MOBILE E-MAIL(REQUIRED) PHONE E-MAIL (714)743-4953 S.NAKHOUL@OC405.COM PROPERTYOWNER AUTHORIZATION I declare that I am the legal owner of record of the land specified in this application. As the owner, i hereby affirm under penalty of perjury that the foregoing statements, facts and attachments are true and correct. Further, i declare that I fully understand and authorize all actions proposed within this application, and authorize the foregoing applicant or agent to act on my behalf on all matters relating to this application, including negotiations, discussions and communications with staff from the City of Westminster. This authorization shall remain valid until invalidated in writing. In accordance with Government Code Section 65105,1 further acknowledge that in the performance of their functions,planning agency personnel may enter upon any land and make examinations and surveys--provided that the entries, examinations, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof. ❑ IF THE PROPERTY OWNER IS NOT THE APPLICANT,CHECK HERE IF THE W R WOULD LIKE TO RECEIVE COPIES OF ALL CORRESPONDENCE BETWEEN THE CITY AND APPLICANT. -�Q1-1 X CITY OF HUNTINGTON BEACH X Property Owner Name(Print) • _� or Slg re Date of Signature �+1L C•t. - . • 1 hereby certify under penalty of perjury that all statements herein are true and correct to the best of my knowledge and I am fully authorized by the property owner to apply for this permit- 1 understand that any false statements or omissions may result in denial of this permit. i further acknowledge that l agree to fully comply with all regulations set forth by the City of Westminster as they relate to the issuance of the Temporary UselTemporary Event Permit X SIMON NAKHOUL X Simon N. 03/31/2020 Applicant Name(Print) Applicant Signature Data of Signature STAFF USE ONLY FEE: ❑ OUTDOOR SALES, ❑ TUP REQUIRING DEPT ❑ TUP REQUIRING APPLICANT ACCOUNT NO.61050-35000 $165.00 COORDINATION,$965.00 MEETING,$1,215.00 8200 Westminster Blvd, Westminster, CA 92683 (714) 548-3254 Wesuuiuster-ca.eov Hours: M-"TL 7:30 AM - 5:30 PM F 7:30 AM - 4:30 PM Closed alternate Fridays TEMPORARY • CONTINUED YES NO I. WILL A TENT OR OTHER TEMPORARY STRUCTURE BE ERECTED ON SITE? �X IF YES,IDENTIFY THE TYPE,QUANTITY AND SIZE OF EACH TEMPORARY STRUCTURE BELOW. 2. WILL ELECTRICITY BE NEEDED ON SITE? IF YES,IDENTIFY THE ELECTRICAL NEEDS FOR THE EVENT OR USE(E.G.,TEMPORARY LIGHTING,GENERATOR,ETC.)BELOW. 3. WILL A FENCE BE ERECTED ON SITE? IF YES,IDENTIFY FENCE HEIGHT AND TYPE BELOW. SITE IS ALREADY FENCED,PRIVACY SCREEN TO BE INSTALLED ON THE PERIMETER AT A HEIGHT OF 6' 4. WILL FOOD AND/OR DRINK BE SOLD AND SERVED AS PART OF THE EVENT? IF YES,IDENTIFY THE COOKING FACILITIES REQUIRED ON SITE,AND NAME OF ANY VENDOR(S)BELOW. S. WILL ALCOHOLIC BEVERAGES BE SOLD AND/OR SERVED AS PART OF THE EVENT? 0 6. WILL THERE BE ANY LIVE ENTERTAINMENT AND/OR AMPLIFIED SOUND IN CONJUNCTION WITH THE EVENT? CK IF YES, DESCRIBE THE LIVE ENTERTAINMENT OFFERED, THE TYPE OF AMPLIFIED SOUND PROVIDED, AND A LIST OF PERFORMERS BELOW. 7. WILL PORTABLE BATHROOMS BE USED DURING THE EVENT? S. WILL TEMPORARY SIGNAGE BE DISPLAYED TO IDENTIFY AND/OR ADVERTISE THE EVENT? IF YES,IDENTIFY THE TYPE,SIZE,AND NUMBER OF TEMPORARY SIGNS.ALSO,IDENTIFY SIGN LOCATIONS ON A SITE PLAN. MOT AND SAFETY SIGNS WILL BE INSTALLED PER OSHA AND CITY STANDARDS 9. HOW MANY PEOPLE ARE ANTICIPATED TO ATTEND THE EVENT? 30 2 �IO : TEMPORARY USE PERMITS & TEMPORARY EVENT PERMITS GENERAL INFORMATION WHEN .. I SUBMIT FOR A complete application, as described below, must be filed at least 14 days prior to the start of the event WHAT TYPES OF TEMPORARY USES OR EVENTS ARE ALLOWED? The following types of uses may be allowed subject to the approval of a Temporary Use or Temporary Event Permit (Westminster Municipal Code Section 17.540.015): • Construction yards • Grand openings • Open house(customer appreciation events) • Temporary residence(during construction of a single-family dwelling) • Storage • Temporary real estate sales offices • Temporary structures (i.e., classrooms, offices, or similar structures, including manufactured or mobile units) • Temporary work trailers • Outdoor events(display or exhibit events, garden and patio merchandise) • Other similar events as determined by the Director of Community Development Services Note: Temporary seasonal sales, parking lot sales, and sidewalk sales also require a permit that is issued by a separate application, the application is available in the Planning Division. Some events may require approval of a Special Event Permit, rather than a Temporary Event Permit. Special events may include, but are not limited to, parades, festivals, public meetings or demonstrations, artistic performances or exhibits, sporting activities or competitions, public speeches,circuses or other types of animal shows,street fairs,trade fairs,and other similar activities. Applications for a special event must be filed a minimum of 60 days pno 'to the event. For assistance in determining if your event qualifies as a special event please contact the Planning Division at 714-58-3247 or the Community Services Department at 714-895-2860. WHAT DO I NEED TO SUBMIT FOR A TEMPORARY USE/TEMPORARY EVENT PERMIT? A complete application must include the following. Note: Some projects may require additional information. Upon review of the application, staff in the Planning Division will inform you of any additional information that is required (if any). Complete application form, and processing fees (outdoor sales, $165 per application, TUP requiring department coordination, $965.00 per application; TUP requiring applicant meeting, $1,215.00) 8 sets of plans(11 inches by 17 inches),which include the following: Site plan, which identifies: Location of property lines and i ensions Names of adjacent streets North arrow Location, size, and use of a isting buildings Location of event and any roposed temporary structures and equipment Parking spaces A count of the total number of existing parking spaces A count of the total number of parking spaces that will be obstructed due to the event(if any) Floor plan(s)and/or building elevations of any proposed structures PROCESS?WHAT IS THE The Community Development Director or the Director's designee is responsible for the review, approval, or denial of temporary use or temporary event applications. The approval or denial of an application may be appealed in compliance with Westminster Municipal Code Title 17, Chapter 17.640. 3 • D• I CONTACT? The following is a list of departments and/or agencies whose approval may be required for a temporary use or temporary event. Description Department/Agency Contact Information For building permits(tents,generators,etc.) Westminster Building Division 714-548-3245 contact: For temporary food facili Orange County Health Care Agency, Environmental p ry ty permits contact: Health Division 714-433-6000 For fire safety requirements(tents, generators, emergency access, etc.) Orange County Fire Authority 714-433-6140 contact: For amplified sound permits contact: Westminster Police Department 714-548-3760 Westminster Police Department 714-548-3760 For temporary alcohol sales or consumption _ licenses/permits contact: California Department of Alcoholic Beverage Control 714-588-4101 In approving a Temporary Use or Temporary Event Permit, reasonable and necessary specific design, location, and operational conditions may be required (see Westminster Municipal Code Section 17.540.030 and 17,540.040). The following are examples of common conditions of approval: 1. The site shall be left clean and free of debris at the end of each day of the event. 2. Compliance with all applicable Federal, State, County and local regulations and ordinances shall be maintained during the temporary use/event. 3. No off-site signs shall be displayed. 4. The contact person(s)listed on this letter must be present at all times during the temporary event/use. 5. Required building and or electrical permits must be obtained from the Building Division and inspections completed and approved before the event may begin. 6. Adequate temporary parking must be provided in order to accommodate the vehicle traffic generated by the temporary use or event, either on-site or at alternate locations acceptable to the review authority. 7. A City Business license, a state sales tax license and all other required licenses and /or permits shall be obtained from the appropriate agencies for each individual temporary enterprise before the event. 8. Emergency access and required ADA paths of travel must remain unobstructed at all times. 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov )7 a ` office of the City Clerk ,1 l Os Robin Estanislau, City Clerk August 7, 2020 OC405 Partners Attn: Azzam Saad 3100 W. Lake Center Dr. Santa Ana, 92704 Dear Mr. Beck: Enclosed is a copy of the "License Agreement By and Between the City of Huntington Beach and OC405 Partners JV for Temporary Use of City Property" approved by the Huntington Beach City Council on August 3, 2020. Sincerely, �&hwdJw4d Robin Estanislau, CIVIC City Clerk RE:pe -- Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand