HomeMy WebLinkAboutC3 DLG 414 Main Street, LLC - 2021-02-16 frPPRo✓L_7�) 7 -D
City of Huntington Beach
File #: 21-047 MEETING DATE: 2/16/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Authorize execution of a License Agreement with C3 DLG 414 Main Street, LLC, for the 414
Main Street Mixed-Use Project located on the east side of Main Street between Orange Avenue
and Pecan Avenue
Statement of Issue:
A License Agreement between the City and C3 DLG 414 Main Street, LLC (owner/developer), for the
installation and maintenance of improvements in the public right-of-way is presented for City Council
approval and execution for the 414424 Main Street mixed-use project located on the east side of
Main Street, between Orange Avenue and Pecan Avenue.
Financial Impact:
No funding is required for this action.
Recommended Action:
Authorize the Mayor and City Clerk to execute and record the, "License Agreement between the City
of Huntington Beach and C3 DLG 414 Main Street, LLC, to Provide Installation and Maintenance of
Landscaping and Landscaping Improvements in the Public Right-of-Way," for the 414424 Main
Street mixed-use project (Attachment 1).
Alternative Action(s):
Do not authorize execution of the agreement, with findings for denial, and direct staff accordingly.
Absent this agreement, the City would be responsible for construction and maintenance of the
improvements within the public right-of-way related to the subject project, which would result in
increased future maintenance costs for the City. Additionally, without this Agreement, the developer
would be unable to satisfy the project's Conditions of Approval.
Analysis:
The 414424 Main Street mixed-use project is a four story; mixed-use development located on the
east side of Main Street, between Orange Avenue and Pecan Avenue, and consists of 5,000 square
feet of retail, 20 residential units (condos), and subterranean parking. The project's development
City of Huntington Beach Page 1 of 2 Pnnted on 2/102021
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File #: 21-047 MEETING DATE: 2/16/2021
requirements include the construction of and responsibilities for future maintenance of landscaping
and hardscape improvements within the Main Street and public alley right-of-ways. To document this
responsibility, the developer/owner is required to execute the appropriate landscape maintenance
license agreement for all landscaping, irrigation, street furniture, and enhanced hardscape that
encroaches into the aforementioned City right-of-ways. In addition to landscaping and irrigation, the
agreement also addresses enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree
replacement, and all other aspects of maintenance for these areas, and that property ownership shall
be responsible for all costs associated with this maintenance, repair, replacement, and liability.
Public Works Commission Action:
Not applicable for this request.
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act, pursuant to
City Council Resolution No. 4501.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(§►:
1 . License Agreement between the City of Huntington Beach and C3 DLG 414 Main Street, LLC
to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the
Public Right-of-Way
City of Huntington Beach Page 2 of 2 Printed on 2/10/2021
oowereW5 Legisiai'•
RECORDING REQUESTED BY:
CITY OF HUNTFNGTON BEACH
' Recorded in Official Records. Orange County
City Clerk
MAIL TO: Hugh Nguyen, Clerk-Recorder
III IIII II III I III IIIIII I II III III 'II I II NO FEE
City of Huntington Beach s .= 0 0 t z s s 7 z 7 z s
P.O. Box 190 /2000 N4ain Street 2021000150122 4:10 pm 03/03121
Huntington Beach, CA 92648 371 503A ail 14
0.00 0.00 0.00 0.00 39.00 0.00 0.000.000.00 0.00
Fee exempt per Government Code 5 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LICENSE AGREEMENT BETNVEEN
THE CITY OF HUNTINGTON BEACH AND C3 DLG 414 MAIN STREET, LLC TO
PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND
' LANDSCAPING INIPROVENIENTS IN THE PUBLIC RIGHT-OF-WAY
This License Agreement the "Agreement") is made and entered into by and between the CITY
OF IiUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY,"
and C3 DLG 414 N4ain Street, LLC hereinafter referred to as "LICENSEE."
WHEREAS, C3 DLG 414 Blain Sweet, LLC, is the owner of certain real property located in the
City of Huntington Beach, County of Orange, State of California, which is more particularly described
i in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the
"Property"); and
CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted
on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas").
and
In connection with the development of the Property, CITY and LICENSEE desire to assign
responsibility for the installation and maintenance of landscaping and hardscaping within the
Improvement Areas. as defined below in Section 5, and the costs associated therewith in accordance
with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and
By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their
obligations with respect to the installation and maintenance of landscaping within the Improvement
Areas,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, CITY and LICENSEE covenant and agree as follows:
1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY hereby
grants to LICENSEE a non-exclusive, revocable license ("License") to install and maintain
landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this
Agreement.
This doarrwrrt b solely for dw WmW
1 t w*n of the Clty of Hvrdnpcon SaxtL
20-91 13/239570 wed under GovvrrrWK Code
Sec.273E3&W shoukMe recorded free
of charge.
RECORDING REQUESTED BY:
CITY OF I IUNTINGTON BEACH
WHEN RECORDED MAIL TO:
City Clerk
City of I-luntington Beach
P.O. Box 190 / 2000 Main Street
Huntington Beach, CA 92648
Pee exempt per Government Code j 6103
SPACr ABOVE]HIS LING FOR RECORDER'S USE
LICENSE AGREEMENT BETWEEN
THE CITY OF IIUNTINGTON BEACH AND C3 DLG 414 VAIN STREET, LLC TO
PROVIDE INSTALLATION AND NIAINTENANCE OF LANDSCAPING AND
LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY
-]'his License Agreement (the "Agreement") is made and entered into by and between the CITY
017 I IUNTNGTON BEACH. a California municipal corporation, hereinafter referred to as "CITY,"
and C3 DLG 414 Main Street. LLC hereinafter referred to as "LICFNSL} ."
WHEREAS. 0 Dl-G 414 Main Street. I LC, is the owner of certain real property located in the
City of Huntington Beach, County of Orange, State of California, which is more particularly described
in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the
"Property"): and
CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted
on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"),
and
In connection with the development of the Property, CITY and LICFNSFL desire to assign
responsibility for the installation and maintenance of landscaping and hardscaping within the
Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance
with plans and specifications submitted by LICENSEE' and as reasonably approved by CITY: and
By this Agreement, CITY and IACENSFF desire to clarify and specifically delineate their
obligations with respect to the installation and maintenance of landscaping within the Improvement
Areas,
NOW. THERF FORE, in consideration of the promises and agreements hereinafter made and
exchanged, CITY and LICENSEE covenant and agree as follows:
I. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth. CITY hereby
grants to LICENSEE a non-exclusive, revocable license ("License") to install and maintain
landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this
Agreement.
20 9113/239570 1
2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that
CITY may terminate the License and this Agreement upon thirty (30) days written notice to
LICENSEE.
3. TERNIINATION. In the event of any such termination. the CITY may, at its option. either:
(a) at its sole expense. disconnect existing water and electrical supply sources to the
Improvement Areas from the Property (leaving the water and electrical systems serving the Properi
fully functional and in compliance with law), and construct and reconnect CITY water and electrical
supphV sources to the Improvement Areas, or
(b) continue to use water and electricity from the Property for the Improvement Areas, in
which case CITY shall agree in writing, upon terms acceptable to the parties. to reimburse LICENSEE
Oil a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to
maintain in a good condition and repair the portion of the water and electrical systems located in the
Improvement Areas.
4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement
Areas shall be as depicted on those certain plans and specifications as approved by the CITY relative
to the Property and the subject development thereof. The landscaping and other improvements within
the Improvement Areas for which LICENSEE, at its sole cost at no expense to the CITY, shall install,
repair, maintain. and/or replace in accordance with the terms of this License shall be collectively
referred to as the "LICENSEE'S Improvements" and includes the following:
Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the
Landscaping Plans relative to the Property and the subject development thereof'submitted by
LICENSE'[ and approved by the CITY and the irrigation systems serving the same.
E-lardscaping: Enhanced and concrete paving including sidewalks. driveways, access ramps
and stairs in accordance with the precise grading plans relative to the Property and the subject
development thereof submitted by LICENSEE and approved by the CITY.
5. MAINTENANCE RESPONS1131L1T11S. At LICENSE]-'S sole cost and expense and during
the "fe.1 LICENSEE to perform all maintenance responsibilities for the I ill prove ment Areas,
including, but not limited to: sidewalk cleaning: trash disposal; signs; pedestrian scale lighting
(defined as 14-foot high street lamps);watering; repairing and/or adjusting irrigation systems when
failures occur; fertilizing; cultivating; edging; performing general planting and trimming or other
corrective gardening; spraying grass and plants with both insecticides and herbicides; and, generally
keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration
normal growth of the landscape materials and a continuation of the aesthetic quality of the area.
During the Term. LICENSEE agrees to maintain and keep the Improvement Areas in good condition
and repair. free and clear of litter and debris and free from any nuisances and to comply with all health
and police regulations. in all respects at all times. LICENSEE agrees to dispose of litter and debris in
a sanitary and legal manner and location. All of the responsibilities listed in this Paragraph 5
(including subparts) shall collectively be referred to as "Maintenance Responsibilities." and shall
apply only during the Term.
20-9113/239570 2
(a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include
watering, repairing. maintaining, adjusting and monitoring irrigation systems when failures occur,
fertilizing, edging, performing general planting and trimming or other corrective maintenance.
spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean,
secure and attractive condition. taking into consideration normal growth of the landscape materials
and a continuation of the aesthetic quality of the Improvement Areas. including but not limited to the
following:
1. Provide and apply fertilizer as necessary to sustain healthy growth.
2. Maintain the Improvement Areas to allow access by CITY personnel to CITY
facilities and in a condition that is substantially fret from weeds, debris and harmful insects at all
times.
3. Keep plantings trimmed to eye pleasing appearance.
4. Use only those pesticides and fertilizers approved by the State of California and
in a manner consistent with label and legal restrictions.
5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they
are observed.
6. Keep the entire area policed and free of litter and deleterious material.
LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive
odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters,
containers, decorative features, artwork or other surfaces.
7. Maintain, repair and operate irrigation system in a manner that prevents water
from flooding onto the right-of-ways.
8. All tree trimming shall be done by an LS.A. Certified Arborist or an I.S.A.
Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall
be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not conforming
to these requirements shall be subject to damage assessment by the City of'Huntington Beach Tree
Supervisor. Damages ma\ potentially lead to penalties which can involve removing and replacing the
damaged tree with an approved replacement of the same size that was originally planted, and payment
of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE
to the CITY.
9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a
manner satisfactory to the CITY. LICENSEE shall re-landscape the Improvement Areas to a condition
acceptable to the CITY at LICENSEE's sole cost and expense.
10. Control and maintain the Improvement Areas such that no landscaping or plant
materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic. or
encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from
the edge of the curb/gutter to the center of any street right-of-way.
20-9113/239570
1 1. Conform to all applicable Best Management Practices set forth in the CITY'S
Local Implementation Plan Section A-9. Existing Development Exhibit A-9.1 I, 13MP Fact Sheet 1C7
Landscape Maintenance and the ArboriCLII(Ural and Landscape Standards Specification issued by the
Departmentol'Public Works.
(b) Maintenance of 1-lardscape Material. LICENSEE's maintenance obligations shall
include all concrete and enhanced hardscaping material including all sidewalks, driveways, access
ramps and stairs. Maintenance includes, but is not limited to, linear root barriers, concrete repair and
replacement, grinding or patching variations in elevation of sidewalks and driveways for an acceptable
riding surface, and the removal of dirt, debris, graffiti, weeds, and any other deleterious items or
material on or about the sidewalks or driveways in an expeditious manner.
(c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of'
electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be
responsible for using such utilities in a secure and hazardless manner, complying in all respects with
applicable codes and ordinances.
(d) Signage. LICENSEE shall repair and maintain during the Term any signage
constructed and installed on the Improvement Areas by LICENSEE.
6. PLANS AND SPECIFICATIONS. Throughout the Term. LICENSEE shall perform, at its sole
cost and expense, any and all repairs, replacements or refurbishing to the Improvements which
LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements into an
operating condition, all in accordance with plans and specifications as submitted by LICENSEE to
CITY, which plans and specifications shall be subject to the prior written approval of CITY. No
changes. modifications, or alterations may be made to the Improvement Areas without the prior
written consent of CITY.
7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the
installation of the Improvements in the Improvement Areas in accordance with the plans and
specifications, no material changes, modifications or alterations may be made to the Improvement
Areas without the prior written consent of CITY.
8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE.
shall be properly licensed by CITY for any work performed on the Improvement Areas. Furthermore,
LICENSEE. or anyone performing work on behalf of LICENSEE, shall acquire the proper
encroachment permit and comply with all other CITY requirements prior to performing any work on
Improvement Areas in the public right-of'-way.
9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas at
anv time to ensure that LICENSEE is performing its obligations hereunder. CITY and LICENSEE
shall negotiate in good faith to come to a mutual agreement as to the time and date for such
inspections.
10. DAMAGE TO IMPROVENIENT AREAS. In the event any damage is caused to am'
pathways, sidewalks, curbs, gutters, street furniture, street lights. medians, streets or utilities as a
result of the installation by Licensee ol'the landscaped material installed on the Improvement Areas
and/or the performance of the maintenance responsibilities of the Improvement Areas by Licensee.
LICENSEE agrees to repair same at its own expense, hi the event that damage is caused by the. acts
20-9113/239570 4
of any person to any portion of the landscaped area or in the event any equipment is broken or breaks
or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced
or restored within ten (10) calendar days ofthe date of the breakage or destruction. Stolen items will
be considered destroyed for purposes of this Section 10.
1 1 . REPAIR BY CITY. Except as otherwise provided for in this License, in the event any
damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result
of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or
employees within the Improvement Areas. CITY shall promptly repair the same at its own expense.
12. COOPERATION. In the event both LICENSEE and CITY arc required to repair damage to
the improvements the parties shall cooperate with each other so as to minimize the costs incurred by
each of them.
13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed
against the Improvement Areas by reason of any work, labor, services or material performed at or
furnished to the Improvement Areas. by or through LICENSEE. LICENSEE shall, at its sole cost and
expense. cause any mechanics' lien(s) which may be filed against the Improvement Areas to be
released or bonded or affirmatively insured within sixty (60) days after the date of filing of such
mechanics' lien(s). Nothing in this Aereement shall be construed as consent on the part of the CITY
to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the
mechanics' lien laws of the State of California.
14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt to
assign the License to any entity shall require the prior approval of CITY and is subject to the
provisions set forth in Section 37 below. Notwithstanding the foregoing, assignment of the License to
a LICENSEE affiliated entity or to a successor owner of the Property shall not require prior approval
of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to
or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the
License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now, existing or
arising at any future time This License is appurtenant to the Property and may not be separately
assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to
CITY of any such assignment and delegation; such notice shall include the mailing address of the
delegee. and will become the delcgce's address for service of notices. LICENSEE hereby covenants
for itself and its successors and assigns, that conveyance of any fee title interest in the Property (other
than a security interest granted in connection with a financing by Licensee) shall constitute an
assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this
License, and upon such conveyance. the predecessor in interest of such assuming party shall be
deemed relieved from any further obligations or responsibilities under this License.
15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code §1361,
LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said
California Labor Code, which requires every employer to be insured against liability for workers'
compensation. LICENSEE covenants that it will comply with such laws and provisions prior to
conducting any activity pursuant to this license. LICENSEL• shall maintain such Workers'
Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury
by accident. each occurrence, One Million Dollars ($1.000,000) bodily injury by disease, each
employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times
20-91 13/239570 5
incident hereto. in forms and underwritten by insurance companies reasonably satisfactory to CITY.
LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to
provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE
shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and LICENSEE shall similarly require all subcontractors to waive
subrogation.
16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15
above and LICI-NSEE's covenant to indemnify CITY in Section 18 below. LICENSEE or its
successors or assigns shall obtain and furnish to the CITY and cam at all times incident hereto, on all
activities to be perfonned in the Improvement Areas as contemplated herein, general liability
insurance including coverage for bodily injury, property damage and motor vehicle coverage. All
insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said
insurance shall name the CITY as Additional Insureds and shall specifically provide that any other
insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the
Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be
primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and
employees, while acting within the scope of their duties, against any and all claims of liability arising
out of or in connection with all activities to be undertaken by LICENSEE concerning the
Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said
insurance policies in full force and effect during the life of this Agreement, in an amount not less than
the following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability. of One Million Dollars
($1,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars (51.000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of
limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY.
17. CERTIFICATE OF INSURANCE: ADDITIONAL_ INSURED ENDORSEMENTS. Prior to
conducting any activity pursuant to this Agreement, LICENSEE, shall furnish to CITY certificates of'
insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as
required by this Agreement: said certificates shall 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 or modified without providing notice to CITY in accordance with policy
provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this
Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing
insurance coverage shall not derogate the obligations of LICENSEE under this .Agreement. CITY or
its representative shall at all times have the right to demand 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 tlic additional insured endorsement to LICENSEE's liability policy as
required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney
for approval prior to the commcncement of any work by LICENSEE pursuant to this Agreement.
18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect,
defend. indemnify and hold and save harmless CITY, its officers, and employees, and assigns
(hereinafter collectively called "Indemnilied Parties") against any and all liability, claims,judgments,
penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys'
fees, however caused, including those resulting from death or injury to any person (including without
20-91 t 3/239570 6
limitation any Indemnified Party), and damage to any property, real or personal. of any kind wherever
located and by whomever owned (including, without limitation, property owned by an indemnified
Party), which injury, death or physical damages arises directly or indirectly out of the grant of license
herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers.
employees, agents, contractors, LICENSEES, or myllees) concerning- the Improvement Areas, caused
in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors,
subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable (collectively, the "LICENSEE Parties"), including but not limited to
concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the
negligence or willful misconduct of CITY or any of its agents, contractors. subcontractors, officers, or
employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct
any defense required hereunder at its sole cost and expense.
19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it
on the hnprovement Areas shall be for its sole account and not as an agent, servant or contractor for
CITY.
20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its
officers, employees, contractors. invitees and all others doing business with LICENSEE to obey and
observe) all rules and regulations of general applicability regarding the Improvement Areas as may be
reasonably established by CITY at any time and from time to time during the Term of this Agreement.
21. DEFAULT. In the event LICENSEE does not perform, or cause to be performcd, any of the
Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written
notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing
the alleged default by LICENSEE. If LICENSEE fails to cure said default within thirty (30) calendar
days following the date of delivery of such notice of default, CITY may thereafter cause such
maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and
billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid
invoices evidencing the costs incurred. Payment from LICENSEE., shall be due within thirty (30)
calendar days following the date of receipt of invoice. In addition, one and a half'(1-1/2%) interest
per month shall be added for each month payment hereunder is due but unpaid.
22. APPLICABLE.. LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the
use and occupation of the Improvement Areas all municipal ordinances, and all state and federal
statutes now in force and which may hereafter be in force. and shall fully comply, at its sole expense,
with all regulations, orders, and other requirements issued or made pursuant to any such ordinances
and statutes. All building permits, business licenses and other applicable permits and licenses shall be
secured and paid for by LICENSEE.
23. NOTICES. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY
as the situation shall warrant. or by enclosing the same in a sealed envelope and sent (i) postage
prepaid, and depositing the same in the United States Postal Service. via certified or registered mail.
or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a
copy to also be placed in the United States \Mail), and addressed as follows:
20-9113/239570 7
TO CITY: TO LICENSEE:
2000 Main Street C3 DLG 414 Main Street, LLC
1-luntineton Beach, CA 92648 1024 Bayside Drive. Suite 365
ATTN: Director of Public Works Newport Beach, CA 92660
Amy mailing address or telefacsimile number may be changed at any time by giving written notice of
such change in the manner provided above at least ten (10) days prior to the effective date of the
change. All notices tinder this Agreement shall be deemed given. received, made or communicated on
the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date
shown on the return receipt. A person may not give official or binding notice by facsimile. The
effective time of a notice shall not be affected by the receipt. prior to the receipt of the original, of a
facsimile copy of the notice.
24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement
are for convenience only and are not a part of the Agreement and do not in any way limit, amplity,
define. construe or describe the scope of intent of the terms and provisions of this Agreement, or in
any way affect this .Agreement.
25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the
County of Orange. State of California.
26, NON-EXCLUSIVI"fY. This License is non-exchisive. and the Improvement Areas shall at all
times be open to use by the general public.
27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and
use of the Improvement Areas it will not engage in, discrimination against any person because of race,
religious creed. color. national origin, ancestry, physical handicap, medical condition, marital status or
sea.
28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective
rights and obligations under this Agreement, including, but not limited to, perlonning any acts and
executing any further documents that may be reasonably necessary to effectuate the purposes of or
rights conferred under this Agreement.
29. SEVERABILITY. Ifany provision of this Agreement shall to any extent be deemed to be
invalid or unenforceable. the remainder of this Agreement shall not be affected thereby. Each
provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable
provision, shall be valid and enforceable to the fullest extent permitted by law.
30. ENTIRE AGREENIEN'T. This Agreement, together with any attachments hereto or
inclusions by reference. constitutes the entire agreement between the parties hereto relating to the
rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements, and understandings, if any. between the
parties hereto with respect to the rights and obligations contained herein. Any oral representations or
modifications concerning this instrUmCnt shall be of no force or effect except a subsequent
modification in writing, approved by the CITY and signed by the parties to be charged.
20-9113/239570 8
31 . ATTORNEY'S FEES. If any action or proceeding is brought by either party against the other
under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its
own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the
nonprevailing party.
32. CITY RIGHT TO ENFORCE. Notwithstanding file provisions of Section 31 above.
LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to
enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be
entitled to reimbursement for any costs incurred in enforcing this Agreement. LICENSEE shall
provide CITY with, and at all times keep current, contact information for LICENSEE and any
property manager acting on its behalf.
33. GOVERNING LAW. This Agreement shall be governed. construed, interpreted, and
enforced under and in accordance with and governed by the laws of the State of California.
34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only by
the written agreement of LICENSEE and CITY, or the successors and assigns of each.
35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the land;
(ii) shall be binding upon. and shall inure to the benefit of, any person or entity having or acquiring
any interest in any portion of any property benefited or burdened thereby. during the period of such
person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall
be binding upon, and shall inure to the benefit of', the property benefited or burdened thereby and
every
eve portion thereof and interest therein. The License granted by this Agreement is subject to all
matters of record as of the effective date of this Agreement.
36. DELEGATION OF AU"FHORITY. CITY hereby delegates to its Citw Manager or his or her
designee the authority to implement all provisions of this Agreement.
37. EXCLUSIVE f3ENEP]T OF PARTIES. The provisions ofthis Agreement are for the
exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions
hereof. and neither for the benefit of nor give rise to any claim or cause of action by any other person.
38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made
hereunder shall survive termination of this Agreement.
39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this
Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform
pursuant to the terms and conditions of this Agreement.
20-9113/239570 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized officers on February 16 2021,
LICENSEE: CITY:
C3 DLG 414 Main Street, LLC CITY F HUNT
�. INGTON BEACH,
a California Limited Liability Corporation a tf a muni ' 1 corporation
By: /�-r, t ,-,r—� ayor
'nt nam
ITS: (circle are)Chairm siden erky
AND
INITIAT D AN R
tY
%�
int nat
ITS: (circle one) Secrctar�l�hief Financial Officer/ to[of Public Works
Asst.Secretary-Treasurer
7;ZD APPROVED:
��
City Manager
4APPRO ED AS TO FORM:
� L�'
f City omey ON
20-9113/239570 10
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On February 23, 2021 before me, Donna Switzer, Notary Public, personally
appeared Robin Estanislau and Kim Carr who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
DONNA SVYITZER
WITNESS my hand and official seal. E co►mtssioN.z311801
q Notary Pubic.Cybme
t ORANGE cowry
Nr caw Ew"RRa 5.2023
Lazlez (Sea((
(Notary Signature
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of() �—
On efore me/V 11/tizu'R 1.jnr1 J � a'Vd 41
Date Here Ins rt ame and Title of a Office
personally appeared LJ r �' � -Or&&6;
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
0my
WCHELLE LYNN JAM laws of the State of California that the foregoing
Notary PUN,c.Omonv € paragraph is true and correct.
Or&W County _
CotIvri m a 2305264 WITNESS my hand and official seal.
Comm.Ewrn Oct 12.2021
Signature
Place Notary Seal and/or Stamp Above Sr n ture f N to P lic
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
O Partner — ❑ Limited ❑ General ❑ Partner— ❑ Limited O General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator O Trustee ❑ Guardian or Conservator
O Other: O Other:
Signer is Representing: Signer is Representing:
l
< 2019 National Notary Association
EXHIBIT A
Legal Description of Property
Being a subdivision of lots 30, 31, 32, 33, 34 and 35 in Block 403, Map of
Huntington Beach, Main Street Section, as shown on a Map filed in Book 3, Page
43 of Miscellaneous Maps, in the Office of the County Recorder of Said County.
APN's: 024-134-04 and 024-134-05
Also known as:
ShoreHouse
414 Main Street
Huntington Beach, CA 92648
117
EXHIBIT "B'
IMPROVEMENT AREAS
Im I I - - - - - - - - - - - - -
CITY RIGHT 00
OF WAY
E
it)
to
LOT I
TRACT 18068
oi L"
IN
L5.
CITY RIGHT
OF WAY
Lp
y RGH
x o fro Y
<Z�
lu HARDSCAPE AREA TO BE
MAINTAINED BY LICENSEE
LANDSCAPE AREA TO BE
MAINTAINED BY LICENSEE
SCALE 1 -'0'
118
(ofINSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Risk Management
2. Date: December 28, 2020
3. Name of contractor/permittee: C3 DLG
4. Description of work to be performed: Bonding for proposed improvements associated with
new development (sidewalk, curb and gutter removal/repair)
5. Value and length of contract: $194K for improvements, $4K for monuments
6. Waiver/modification request: Auto insurance
7. Reason for request and why it should be granted: Unable to meet our requirements at this
stage.
8. Identify the risks to the City in ap his waiver/modification:
- /
1 Department Head Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Riss anagement
Ll' Approved ❑ Denied jil 7 ' 1
Signature Date
2. City Attorney's Office
7Approved ❑ Denied
Signatur Date
3. City Manager's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Human Resources
Waiver Form 12/28/2020 1:15:00 l
SHORHOU-01 -
A�RO CERTIFICATE OF LIABILITY INSURANCE 1-.221 0"
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(SI,AUTHORIZEO
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(Na)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, suBpet to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer_rights to tIN cenlllub_falder In Neu of such endoraemenl s.
PRODUCER _ CONIACI
Clarke Marino Insurance Services INC, EF M-2879 ♦ 444-0118
245 Fischer Avenue 9 714)I_— _
Suite D-B Info�emgis.com
COSIA Mesa,CA 92626
iMIURFR(]I Allni LING COWRADF _� _ aYC■
.eitNSM4p9lony Insurance Company
NMuatD elate` _
CO DLG 414 Main BE LLC.A California Limited Liability Co. NN1SIt8:_ —
1024 Bayli Drive,Suite 36S sasaONUL
Newport Beach,CA 92660
aae�Ni_ _
ew1aNL f: _
CERTIFICATE NUMBER: - N NUMBER:
THIS It TO CVUWY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED Fa1A1ED ABOVE FOR THE POLICY PERIOD
91=47M II07MNRe8TA11DNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT KITH RESPECT TO V"CH THIS
CHtYWVATE MAY E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS,
EMINSI0116ANDCOIORIONSOF SUCH POLICIES_ LIMITS SHOWN MAY/LAVE BFFN RFDUCFO BY PAID CLAIMS
IN T"or a� IIOeI roasYalaraa POLICY Elf POLL Y ni
ni-- ---- - --
x NAOm 2mmem a 1r ,000
aANsMEpE I XJ Occat X 101 OL MY873846 711101`2020 700/2021 EEEs a(Ea EINTED cal a 100,000
�- _— .dSO EZP Vvn w,A.Far1 8'000
___ ..fERIONMt Aix rum a 1A00,000
or 011 AGONINAMLaIafAMWaER 9tiei KAOGREcATE �'�D
A
FM, `_Lo � Included
X POLICY t: ,INIODVL:ti COYPAa' Og
AUTOYOeIE LNaaNY COMBINED SINGLE LINT
LEI eKONa1
NANO 001I NiW r EP«
VNEI LY MKAED togiv mviv RE pa.fmdli)L
MOLY �N le a
_..
i .N10P`-o�rreace----�--
umsom utals Goem - -- -- .TAFir oc cuwe:NCE JL
'neesua. cAasarAOE A)g§ iA,G - _..
We RETEIIIIOMf
��ppyIPP��NSATION OTH
NbllllMllla'LWInY -. .[A - _
NIYI(P�ROMP1gEayraElRlr LCNEDEEcurNE I12 NIA IS EM>t AGGDEm
IEOffM .E MNIq �.p W-FAFMN
UR f RAi
I
The CCity of Huntington Beach,its officers.elected or appointed officials,eemployees,agents volunteers
Is ars Raised ed as adtlubnal Insureds per tnar Nana
and conditions of teh policy.10 ay nonce of cancellation. 10 days for ppip pgtp, A&Vt OMM
UY: C aawnit APPROVED AS TO FORM
MICHAEL E. GATES
CITY ATTORNEY
cm OF__HUNnNGTON BE_AC_1f
CERTIFICATE HOLDER— _ _ CANCELLATION .yy MIBEACH
S�FFIIO���Ef�4TTTI
SHOULD ANY Of THE ABOVE DESEr11TTIICEDPOLCIEB IE CANCC DLu sefoRE
CIry of Huntington Beach THE EXPIRATION DATE ACCORDANCE WITH THE POLICY PROVISION&NOTICE DULL sE OELNEIIEO NI
2000 Main Street
Huntington Beach,CA 92648 -- -- -- — —
AUTNOIIQED REPRES[HTATIVF
ACORD 25(2016J03) O 1888.2018 ACORD CORPORATION. All rights reserved.
The ACORD name and logo am registered marks of ACORD
101 GL 0178336.00
ENDT.fl001 EFF: 1212112020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Endorsement Premium $0
Policy Fee To
CA Slate Tax $.00
CA Stamping Fee $.00
Total 00
POLICY CHANGES
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
101 GL 0178336-00 12121I2020 COLONY INSURANCE COMPANY
NAMED INSURED AUTHORIZED REPRESENTATIVE
C3 DLG 414 Main Street LLC. a California Limited Liability Co. Craig Comeaux
COVERAGE PARTS AFFECTED
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CHANGES
In consideration of the premium charged, it is understood and agreed that the
policy is amended as follows:
Add the following Additional Insured on form (CG 2010) :
City of Huntington Beach, its officers, elected or appointed officials, employees,
agents and volunteers
2000 I-lain Street.
Huntington Beach, CA 926,18
12/21/2020 - JS/LL
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED
Authorized Representative Signature
IL 12 01 11 86 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1
Copyright, ISO Commercial Risk Services, Inc., 1983
101 GL 0178336-00
ENDT. #003 Ei 0110512D21
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
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(sl
Or Organlzatlon(s) Location And Description Of Completed Operations
City of Huntington Beach, its officers,elected or As required by written contract with the Named
appointed officials,employees, agents and volunteers Insured.
2000 Main Street
Huntington Beach, CA 92648
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 — 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 It 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 �. Required by the contract or agreement, or
included in the "products-completed operations
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. It 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 of agreement to
provide for such additional insured.
CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1
101 GL 0178336-00
ENDT.#001 EFF: 1212112020
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
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
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s)Of Covered Operations
City of Huntington Beach, its officers,elected or As required by written contract with the Named
appointed officials, employees, agents and volunteers Insured.
2000 Main Street
Huntington Beach. CA 92648
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 additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for'bodily injury","property This insurance does not apply to"bodily injury"or
damage" or "personal and advertising injury" "property damage"occurring after:
caused,in whole or in part,by:
1. Your acts or omissions;or 1• All work, including materials, parts or
equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service,
behalf; maintenance or repairs)to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s)at the
the additional insured(s) at the localion(s) location of the covered operations has been
designated above, completed;or
However: 2. That portion of"your work"out of which the
1, The insurance afforded to such additional injury of damage arises has been put to its
intended use by any person or organization other
insured only applies to the extent permitted by than another contractor or subcontractor
law; and engaged in performing operations for a
2. If coverage provided to the additional insured is principal as a part of the same project.
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 10 04 13 0 Insurance Services Office, Inc,. 2012 Page 1 of 2
101 GL 0178336.06
ENDT.9001 EFF: 12121J2020
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations;
Section III—Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we Applicable Limits of Insurance shown in The
will pay on behalf of the additional insured is the Declarations.
amount of insurance:
1. Required by the contract or agreement;or
Page 2 of 2 0 Insurance Services Office. Inc., 2012 CG 20 10 04 13
101 GL 0178336.00
ENDT.#002 EFF: 1 2/2112 0 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Endorsement Premium s0
Policy Fee 0
CA State Tax $.00
CA Stamping Fee $.00
Total $.00
POLICY CHANGES
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
101 GL 0178336-00 12/21/2020 COLONY INSURANCE COMPANY
NAMED INSURED AUTHORIZED REPRESENTATIVE
C3 DLG 414 Main Street LLC.a California Limited Liability Co. Craig Comeaux
COVERAGE PARTS AFFECTED
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CHANGES
In consideration of the premium charged, it .is understood and agreed that: the
policy is amended as follows:
Add blanket forms (CG 2001) and (0047) .
12/23/202.0 - JS/LL
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED
Authorized Representative Signature
i
IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1
Copyright, ISO Commercial Risk Services, Inc., 1983
101 GL 0178336-00
ENDT. #002 EFF: 12/21/2U20
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 0 Insurance Services Office, Inc., 2012 Page 1 of 1
101 GL 0178336.00
ENDT.#002 EFF: 1212112020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section
IV—Conditions:
We waive any rights of recovery we may have against any person or organization because of payments we
make for injury or damage resulting from your ongoing operations or"your work"done under a contract with
that person or organization and included in the "products-completed operations hazard" if:
a. you agreed to such waiver;
b. the waiver is included as part of a written contract or lease; and
c. such written contract or lease was executed prior to any loss to which this insurance applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1
with its permission.
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ wNay.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
March 4, 2021
C3 DLG 414 Main Street, LLC
1024 Bayside Drive, Suite 365
Newport Beach, California 92660
To Whom It May Concern:
Enclosed is a copy of the "License Agreement between the City of Huntington Beach
and C3 DLG 414 Main Street, LLC to Provide Installation and Maintenance of
Landscaping and Landscaping Improvements in the Public Right-Of-Way" approved by
the Huntington Beach City Council on February 16, 2021.
Sincerely,
4 - 9,4�a441,40
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand