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HomeMy WebLinkAboutRoman Catholic Bishop of Orange - 2024-10-01 (2) • 2000 Main Street, TiNCTOti Huntington Beach,CA ' _` City of Huntington Beach 92648 APPROVED 7-0 File #: 24-655 MEETING DATE: 10/1/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Steve Bogart, Senior Civil Engineer Subiect: Approve and authorize the execution and recordation of a Storm Water Detention and Landscape Maintenance Agreement with the Roman Catholic Bishop of Orange for the Good Shepherd Cemetery Located at 8301 Talbert Avenue Statement of Issue: A Storm Water Detention and Landscape Maintenance Agreement, between the City and the Roman Catholic Bishop of Orange (Attachment 1), is presented for City Council approval and execution for the Good Shepherd Cemetery Expansion Project at 8301 Talbert Avenue. As part of the proposed expansion project taking place at the Cemetery site, an agreement is needed to ensure ongoing operation and maintenance of the storm drain system. Financial Impact: Pursuant to the Storm Water Detention and Landscape Maintenance Agreement, the Roman Catholic Bishop of Orange is responsible for construction of the On-Site Detention and Drainage System and for maintenance of the system until project completion and formal acceptance in writing by the City Engineer. Upon acceptance, the City shall assume maintenance of the On-Site Detention and Drainage System. The costs for maintenance can be covered within the City's adopted operating budget, and no additional funding is required. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Storm Water Detention and Landscape Maintenance Agreement, between the City of Huntington Beacn and Roman Catholic Bishop of Orange;" and, B) Instruct the City Clerk to record said Storm Water Detention and Landscape Maintenance Agreement (and attachments) with the Orange County Clerk Recorder. Alternative Action(s): City of Huntington Beach Page 1 of 3 Printed on 9/25/2024 powered by LegistarT'" 391 File#: 24-655 MEETING DATE: 10/1/2024 Do not approve, and direct staff accordingly. Analysis: On December 7, 2004, the Planning Commission approved Mitigated Negative Declaration No. 03-08 and Conditional Use Permit No. 00-63 for the proposed Good Shepherd Cemetery Expansion project (located at 8301 Talbert Avenue) permitting a three-phase expansion of the existing 23-acre cemetery (see Attachment 2 for Location Map). The phased improvements include the construction of an approximately 85,000 square foot, three-story mausoleum, an approximately 10,000 square foot maintenance facility, and above-ground garden crypts totaling approximately 100,000 square feet on 12.5 undeveloped acres adjacent to the existing cemetery (see Attachment 3 for the 2005 approved project phasing plan). Since approval of the entitlements in 2004, a new maintenance building, new lawn crypts, portions of a new onsite loop road, and drainage improvements have been completed (see Attachment 4 2021 Master Plan). The cemetery site has historically included two drainage courses that accept storm water from adjacent public areas. Through gathering of historic records and an extensive hydrologic analysis, it was determined that significant ponding occurred within two naturally depressed areas onsite during high rain events. These areas served as natural detentions to slow storm water as it passes through the site, before exiting towards Newman Avenue. As part of the proposed expansion project, the site was conditioned to keep the historic drainage patterns and to also make space for additional drainage created from the proposed onsite development, which hardens the perviousness of the existing surfaces and creates more storm water runoff. In conformance with the project's Conditions of Approval, the project owner has submitted plans to improve the historic drainage courses, has constructed new portions of the City master planned storm drain infrastructure onsite, and is improving the detention areas to create engineered basins for the possible detention of a 100-year storm to mitigate the downstream effects on the adjacent residential neighborhood and public storm drain system. The project's Conditions of Approval also require the cemetery owner to enter into a Storm Water Detention and Landscape Maintenance Agreement for the on-site detention and storm drain system which is designed per city and county standards. The current agreement addresses maintenance responsibilities, ongoing operation and liability associated with the proposed on-site detention and storm drain system. Lastly, the agreement outlines the necessary access easements dedicated to the City to allow crews to maintain the on-site drainage systems that convey public storm water through the cemetery site. Public Works Commission Action: Not required. Environmental Status: The agreement is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: City of Huntington Beach Page 2 of 3 Printed on 9/25/2024 powered by LegistarTM' 392 File#: 24-655 MEETING DATE: 10/1/2024 Non Applicable -Administrative Item Attachment(s): 1. Storm Water Detention and Landscape Maintenance Agreement 2. Location Map 3. Overall Project Phasing Plan from 2005 4. 2021 Master Plan of the Good Shepherd Cemetery Expansion Project 5. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 9/25/2024 powered by LegistarTm 393 , , Recorded in Official Records,Orange County , _ `Hugh Nguyen,Clerk-Recorder - 111111111liii IIIIL Ii II IE.III 0I1DIlI10I I I IIL NO FEE • * $. R 0 0 9 S 2 3; 7 7 3 a $ *; ti 202.4000289358 1s23 pm 1/105/24 :, •, RECORDING REQUESTED BY .' ) 9a Sec2"A Al2' 16 AND WHEN RECORDED RETURN TO: ) . 4a a.Au 0.00 0:09 46.00 Q.go a:uaaaoo.00 a.aia • . City Clerk . City of Huntington•Beach. ' ' ' -) • .2000 Main•Street - V ) ,. Huntington Beach;CA g2C48. . , ' (Space a ,x. is hiee for use]" .rder'bo_e:ttt Reco s `Tins document is exempt from • _ Recording fees pui suantta • .. • ,- Government Code Sectionsri103'and 27383 "- - ' ° STORM WATER DETENTION AND LANDSCAPE N[INTENANCE AGREEMENT ,. BETWEEN CITY,OF _ ' . HUNTING'pON,BE. CH • ` • ., AND ROMAN CATHOLIC BISHOP-OF ORANGE Tins'StormE Water Detention`'and Landscape Maintenance Agreement("Agreement")is-„ entered into.as.of this day of 202.4 by,anctbetweea the.CITY OF HUNTBIGTON BEACH,a municipal corporation of the State=of California;,("City"),and'• • • ` ROMAN CATHOLIC BISHOP OF ORANGE,a corporation sole,hereinafter referred to as ' • ' ';. ("Owner:") _ ^ . RECITALS -• - A. The ROMAN CATHOLIC BISHOP•OP°ORANGE is the ownerof certain real • - . • located at 8301 Talbert Avenue,Huntington Beach,which is'commonly known as the Good Shepherd.CemeterTand is-more particularly'described in the legal,description;attached hereto as' Exhibit"A"and incorporated'by this reference(the"Property""-),and -B Certain City-owned utilities and easements,mcltidibg`existing;:public stonn-drain, , ' ' , .pipelines,storm drain facihties;and storm water detention`basins are located.•on,under or through • -:� s. the,Property Such City-owned':unlities and:casements are further depicted`pa-Exhibit"B" attached hereto and.incorporatedi erein:by.this reference . _ , -. On:December 7,•2004,the City's•Planining.Commission tippiciyiect O:wner's:Conditional • Use Permit("CUR")No. 00.63:I Mitigation Nogative.,Decl"aration Na.03-08-for the::Good Shepherd Cemetery Expansion("Project")� , , • - ` - . AD. -As:part of the Project,the:CUP requires;Ownerto construct'two watercourses caning ":•;".,,pubIic and private storm waters,inclu d' sto stems and detention "dung rm drain;conveyances s► open. basins and related improvements("On-Site Detention and Drainage.System"),as identified in the " • -map attached.hereto as;Exhibit"C"and incorporated herein by:reference,.in:compIiance•with�all r , applicable City and County standards, , j ' •, sorely for the bi mess;of the of Hunt t ton Bch - coatatnpleterd undeo Ggy�egyrlent,Cede ,. See.27383 and^Should-be'tocardsd:ku - • • •• - ot` :. RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) City Clerk ) City of Huntington Beach 2000 Main Street ) Huntington Beach,CA 92648 ) [Space above this line for Recorder's use] This document is exempt from Recording fees pursuant to Government Code Sections 6103 and 27383 STORM WATER DETENTION AND LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROMAN CATHOLIC BISHOP OF ORANGE This Storm Water Detention and Landscape Maintenance Agreement("Agreement")is entered into as of this day of 011 ,2024 by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,("City"),and ROMAN CATHOLIC BISHOP OF ORANGE, a corporation sole,hereinafter referred to as ("Owner.") RECITALS A. The ROMAN CATHOLIC BISHOP OF ORANGE is the owner of certain real property located at 8301 Talbert Avenue,Huntington Beach,which is commonly known as the Good Shepherd Cemetery and is more particularly described in the legal description attached hereto as Exhibit"A"and incorporated by this reference(the"Property"); and B. Certain City-owned utilities and easements,including existing public storm drain pipelines,.storm drain facilities and storm water detention basins are located on, under or through the Property. Such City-owned utilities and easements are further depicted on Exhibit"B" attached hereto and incorporated herein by this reference: C. On December 7,2004,the City's Planning Commission approved Owner's Conditional Use Permit("CUP")No. 00-63 /Mitigation Negative Declaration No. 03-08 for the Good Shepherd Cemetery Expansion("Project"). D. As part of the Project,the CUP requires Owner to construct two watercourses carrying public and private storm waters,including storm drain conveyance systems and open detention basins and related improvements ("On-Site Detention and Drainage System"),as identified in the map attached hereto as Exhibit"C"and incorporated herein by reference, in compliance with all applicable City and County standards. This document is solely,for the official business of the City of Huntington Beech, as contemplated under Government Code Sec.27383 and should-be recorded free of charge. E. Additionally,the CUP requires City and Owner to enter into a Storm Water Detention and Landscape Maintenance Agreement in order to address items including,but not limited to, maintenance responsibilities,operation,division of costs, and liability associated with the On- Site Detention and Drainage System. NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference,and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Construction of On-Site Detention and Drainage System. Owner shall construct the On-Site Detention and Drainage System in compliance with the CUP,the final hydrology and hydraulics study approved by the City Engineer or his or her designee,and all applicable City and County standards. Owner shall provide for an interim on-site storage capacity equivalent to the existing historical volume detained within the Project area throughout all phases of construction or until the required On-Site Detention and Drainage System is completed and accepted in writing by the City Engineer or his or her designee. 2. Owner Maintenance Responsibilities. Owner shall maintain the On-Site Detention and Drainage System, including the interim on-site storage, and all relevant landscaping within the detention basin areas (the"Land")in a clean and safe condition at Owner's sole cost and expense through all phases of construction of the On-Site Detention and Drainage System,until completed and accepted in writing by the City Engineer or his or her designee..Additionally, Owner is responsible for maintaining the Land in perpetuity in accordance with the following: a. All Land shall be maintained in good and satisfactory condition,and in accordance with the applicable City-approved landscape plans, grading plans and the approved Water Quality Management Plan on file with the Public Works Department of the City. b. All Land shall be fertilized,cultivated,edged,and mowed regularly(at least bi-weekly). c. Dead or damaged lawn shall be reseeded or replaced with sod. d. General planting and trimming or other corrective gardening as needed to maintain a healthy and natural appearance of the Land shall be performed, including to ensure adequate irrigation coverage, and adjacent pathway visibility. e. The Land shall be free from weeds,debris and harmful insects at all times. Grass and plants shall be sprayed with both insecticides and herbicides as necessary. f. All trash, debris and silt buildup shall be removed from the Land on a weekly interval. • g. The Land shall be kept in a clean,safe and attractive condition,taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. h. All gardening and maintenance performed on the Land shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards Specification issued by the City's Department of Public Works. i. No changes, modifications or alterations may be made to any of the Land contrary to the improvement plans without the prior written consent of City. j. In the event any damage is caused to any of the Land as a result of age, normal wear, theft, vandalism or destruction by natural occurrence, Owner agrees to repair same at their own expense. All repairs and replacement of amenities or finished surfaces such as repairing broken irrigation, and/or broken, cracked or lifted hard surfacing, shall be with the same materials and colors as originally approved and installed. All building permits,business licenses and other applicable permits and licenses shall be secured and paid for by Owner. All repairs or replacement shall be completed promptly after receipt of written notice to repair by the City,and in any event within thirty business days after such notice. 3. Easements. Upon City acceptance of the On-Site Detention and Drainage System, Owner shall grant and City shall accept access and maintenance easements for the same. Owner shall be responsible for preparing the appropriate access and maintenance easements for review and approval by the City Engineer or his or her designee. Owner shall be responsible for recording the easements with the Orange County Recorder's Office and providing a copy of all recorded documents to the City prior to the City's final acceptance of the On-Site Detention and Drainage System. The On-Site Detention and Drainage System shall then be maintained by City until the City Engineer has determined that the elimination of the on-site detention areas will not negatively impact downstream public storm drain improvements or increase the flooding hazard to private property. However,Owner shall continue to maintain the Land in perpetuity in accordance with Section 2 above. 4. Owner Responsible for Non-Compliant Facilities. Owner shall be responsible for all maintenance, operation,and liability associated with any portion of the On-Site Detention and Drainage System that is not designed and constructed in compliance with all applicable City and County standards and not accepted by the City Engineer. 5. Alterations. The On-Site Detention and Drainage System,including interim on- site storage,may not be altered without prior written approval of the City Engineer. 6. Term. Except for Owner's perpetual maintenance of the Land as provided in Section 2 above, the terms of this Agreement shall be in effect until City receives copies of the recorded easements pursuant to Section 4 above,and the On-Site Detention and Drainage System is completed and accepted by City. 7. Applicable Law. Owner shall, at their sole cost and expense, faithfully observe in the use, maintenance and occupation of the Property subject to this Agreement, 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 grading and building permits,business licenses and other applicable permits and licenses shall be secured and paid for by Owner. 8. Utilities.Owner shall bear the expense of irrigation water,electricity and any other utility necessary to the maintenance of the Land pursuant to Section 2 of this Agreement. Owner shall be solely responsible for using such utilities in a safe manner, complying in all respects with applicable codes and ordinances. 9. City Maintenance of Land. If Owner fails to meet the standard of maintenance necessary to keep the Land in a healthy condition in accordance with Section 2 of this Agreement, City will give written notice of the deficiency to Owner who shall have 30 days to make the necessary correction. If the correction is not made within 30 days, City may elect to take the steps necessary to assure that the Land is maintained and cared for. To do this, City shall serve a notice of its intent to enter the Land for this purpose. City shall either personally serve the notice upon Owner or mail a copy of it by certified mail to Owner's last known address, or as shown on the tax rolls,at least 15 days in advance of the date when it intends to enter the Land. 10. Maintenance Costs as Lien.If City incurs costs in restoring or maintaining the Land after following the procedure set forth in Section 10 above, City shall make demand upon Owner for payment. If Owner fails to pay the costs incurred by City within 30 days of the date demand is made, City may make the costs a lien upon the described real property by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of County. The notice shall state the fact that City has incurred the costs under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest at the rate of seven percent(7%)per year until paid. For this purpose, City may enter on the Land and perform such work as it considers reasonably necessary and proper to restore and maintain the landscaping. City may act either through its own employees or through an independent contractor. 11. Additional Remedies. City may, as an alternative to the lien procedure set forth above in Section 10, bring a legal action to collect the sums due as the result of the making of expenditures for restoration and maintenance of the Land. 12. Workers' Compensation Insurance. Pursuant to California Labor Code Section 1861, Owner acknowledges awareness of Section 3700 et seq. of said Code,which requires every employer to be insured against liability for workers' compensation. Owner agrees to comply with such provisions prior to commencing performance of the work hereunder. Owner shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars($100,000)bodily injury by disease,each employee,and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to City. Owner shall require all subcontractors to provide such workers' compensation insurance-for all of the subcontractors' employees. Upon reasonable notice, City may increase the insurance limits to account for inflation over time. 13. Insurance. In addition to the Workers' Compensation Insurance and the covenant of Owner to indemnify City,Owner shall obtain and furnish to City,a policy of commercial general liability insurance, including motor vehicle coverage, covering all activities to be undertaken by Owner concerning the Land. Said policy shall indemnify Owner, their officers, agents and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by Owner concerning the Property,and shall provide coverage in not less than the following amounts: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$2,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$2,000,000. Said policy shall name City and its respective officers,and employees as Additional Insureds,and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Owner concerning the Land shall be deemed excess coverage and that the insurance of Owner shall be primary. Upon reasonable notice, City may increase the insurance limits to account for inflation over time. 14. Certificates of Insurance; Additional Insured Endorsements. At all times, Owner 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: a. provide the name and policy number of each carrier and policy; and b. shall state that the policy is currently in force; and c. shall promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice to City. The requirement for carrying the foregoing insurance coverages shall not derogate from the duty of Owner to indemnify City 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. Owner shall pay,in a prompt and timely manner,the premiums on all insurance hereinabove required. 15. Indemnification and Hold Harmless. Owner hereby agrees to protect, defend, indemnify and hold and save harmless City, and its respective officers and employees against any and all liability, claims,judgments,costs and demands,however caused,including those resulting from death or injury to Owner's employees and damage to Owner's property, arising directly or indirectly out of the activities to be undertaken by Owner pursuant to this Agreement caused in whole or in part by any negligent act or omission of Owner, and their contractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence,sole negligence or willful misconduct of City. Owner will conduct all defense at their sole cost and expense. 16. Notices. Any notice or special instruments required to be given in writing under this Agreement shall be given either by personal delivery to Owner(as designed herein)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid,return receipt requested and depositing the same in the United States Postal Service,addressed as follows: To City: To Owner: Director of Public Works Mike Wesner City of Huntington Beach Director of Cemeteries 2000 Main Street 13280 Chapman Avenue Huntington Beach CA 9264 Garden Grove, CA 92840 17. 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,amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 18. Recordation. This Agreement shall be recorded with the County Recorder of Orange.County, California. 19. No Third Party Benefit. This Agreement is made and entered into for the sole benefit and protection of the parties hereto, and the parties do not intend to create any rights or benefits under this Agreement for any person who is not a party to this Agreement, except for any permitted assignees. 20. Amendments. The terms of this Agreement may only be modified or amended by an instrument in writing executed by each of the parties hereto; provided, however, the City Manager shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially change the uses or development permitted on the Property. 21. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto,and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 22. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 23. Attorney's Fees. In connection with any matters or litigation arising under this Agreement, each party shall bear its own attorney's fees. 24. Covenants Run With Land. The covenants in this Agreement pertain to and run with the real property described above. This Agreement binds the successors in interest of each of the parties. 25. Entirety. The foregoing, and the attachments hereto, set forth the entire Agreement between the parties. 26. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. THE ROMAN CATHOLIC BISHOP CITY OF HUNTINGTON BEACH,a OF ORANGE municipal corporation of the State of Calif... By: - -tAlvTxt. ayor Print n.• e ITS: (circle one) C .irman/President/ 6 '744riz4t.--- Vice President ' Kul erldre,1Srwp City Clerk AND By: , ( Ut nnA INITIATED AND APPROVED: Print name ITS: (circle one) Secrets ief Financi O 'icer/Asst. Secretary-Treasurer L - Director of Public Works COUNTERPART APPROVED 0 FORM: (jui\ City Attorney REVIE AND A i 'RO ED: ! City Manager 23. Attorney's Fees. In connection with any matters or litigation arising under this Agreement, each party shall bear its own attorney's fees. 24. Covenants Run With Land. The covenants in this Agreement pertain to and run with the real property described above. This Agreement binds the successors in interest of each of the parties. 25. Entirety. The foregoing, and the attachments hereto, set forth the entire Agreement between the parties. 26. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. GOOD SHEPARD CEMETERY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mayor t3i fl iop fim Print name ITS: (circle one) Chairman/President/ Vice President City Clerk By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretar hief Financia ellip Asst. Secretary-Treasurer Director of Public Works S -& Pe I jrin) APPROVED AS TO FORM: COUNTERPART fid( City Attorney REVIEWED AND APPROVED: City Manager 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. ACKNOWLEDGMENTS State of CalifoR}�ia County of &l'l/lo ) On WI vkXiri— 2021 before me, Do hh ov �4-ma—1\01iia personally appeared 12vtlin 5/Jfi7nl Seta ,U �J who proved to me on the basis of satisfactory evidence to be the person(?)whose name(s) is/are subscribed to the within instrument and acknowledged to me that l /she/tlyey executed the same in bit/her/thir authorized capacity(ips), and that by W/her/t yeir signatures on the instrument the personfs), or the entity upon behalf of which the personc'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i�•�r�,� DONNA SWITZER W w,,,�fn� Notary Public-California S Orange County Signature . (Seal) '� • Commission#2470457 �t ro'- My Comm.Expires Nov 9,2027 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 before me, personally appeared who proved to me on the basis of satisfactory ev..ence to be the person(s)whose name(s) is/are subscribed to the within instrument and ackn a ' ledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), a that by his/her/their signature(s) on the instrument the person(s), or the entity upon beh. -of which the person(s) acted, executed the instrument. I certify under PENALTY OF ' ' ' RY under the laws of the State of California that the foregoing paragraph is true d correct. WITNESS my hand . -c official seal. Signature (Seal) 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 October 22, 2024 before me, Tania Moore, Notary Public, personally appeared Gracey Van Der Mark, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. v!;,,;�A ;:6 Noon myhand and official seal. - : Notary Public•California ` Orange County Commission 0135s365 '' My Comm.Expires May 20,2025 (Seal) (Notary Sig ture) ACKNOWLEDGMENT 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 Orange On October ,2 , 2024 before me, Ruth Snyder, Notary Public (insert name and title of the officer) personally appeared \ ) �J� r 1.\ 'coy', rJ who proved to me on the basis of satisfactory evidre to be the person(50C whose name()g) is/arm' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/No/their authorized capacity(ies), and that by his/11eritliCii signature( 'on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `, o ti RUTH SNYDER Notary Public-California Orange County ' Commission k 2365617 •'`,My Comm.Expires Jul 14,2025 Signatur (Seal) ACKNOWLEDGMENT 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 Orange On October „a3►'A, 2024 before me, Ruth Snyder, Notary Public (insert name and title of the officer) personally appeared 1 r�/� �(2� ✓ who proved to me on the basis of satisfactdry evidence to be the person( .) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/leer/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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , o RUTH SNYDER Notary Public-California Orange County %= Commission M 2365617 Signat 4 ' (Seal) My Comm.Expires Jul 14,2025 STORM WATER DETENTION AND SITE ADDRESS:8301 TALBERT AVENUE, LANDSCAPE MAINTENANCE AGREEMENT HUNTINGTON BEACH,CA 92647 CONDITIONAL USE PERMIT("CUP") NO.00-63 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF THAT CERTAIN LOT LINE ADJUSTMENT LL 99-03, RECORDED OCTOBER 1, 1999 AS INSTRUMENT NO. 19990702537, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1 OF THAT CERTAIN APPLICATION FOR LOT LINE ADJUSTMENT NO. 05-06, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED FEBRUARY 9, 2006 AS INSTRUMENT NO. 2006000092153, OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR UNDERLYING, OR THAT MAY BE PRODUCED FROM THE LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO DRILL SLANTED WELLS FROM ADJACENT LAND INTO AND THROUGH, AND TO CONSTRUCT OR DEVELOP MINES, TUNNELS, SHAFTS OR OTHER WORKS IN AND THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF RECOVERING SAID RESERVED PRODUCTS FROM SAID LAND AND FROM OTHER PROPERTIES; PROVIDED, HOWEVER, THAT THE SURFACE OF THE LAND HEREINABOVE DESCRIBED SHALL NEVER BE USED FOR EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID MINERALS OR SUBSTANCES FROM SAID LAND OR FROM OTHER PROPERTIES, AS MORE PARTICULARLY RESERVED, SET FORTH AND PROVIDED BY THOSE CERTAIN DOCUMENTS RECORDED DECEMBER 18, 1953 IN BOOK 2636, PAGE 581; DECEMBER 18, 1953 IN BOOK 2636, PAGE 583; RECORDED JANUARY 29, 1954 IN BOOK 2660, PAGE 56; AUGUST 27, 1963 IN BOOK 6693, PAGE 555; AND OCTOBER 24, 1979 IN BOOK 13367, PAGE 313, ALL OF OFFICIAL RECORDS. APN: 167-601-21 QROFESsoi ee,0 F Ili No.88982 m P �P 9�FDF CA-\ °`- Disclaimer: Exhibit is for illustration purposes only and is based off information currently available in the Amended Title Report dated April 8, 2024. EXHIBIT "B" Q' --it_, NEWMAN_AVE co (-- --)7. ---- — — ---- --7—Nn, lilt 2 tr - #. w ! „. J .s '.- EXISTING CEMETERY_ROAD-.== , NN A 11 1 v-R \ I )) I I II R II � I l OQROSS/p� � ��ONFE J, ly ,,,-It TALBERT AVENUE \ v �1f �N �? ii No1:1 .88982 m cP ?'1>,e, civill PROJECT ADDRESS: 8301 TALBERT AVE TIVE 250 125 0 HUNTINGTON BEACH, CA 92647 PROACCUP NO. 00-63 ENGINEERING CONSULTANTS APN 167-601-21 Disclaimer: Exhibit is for illustration purposes only and is based off information W A`0.✓NOA"",,maMPi—u.bfi SCALE: 1 "=250' SHEET 1 OF 2 currently available in the Amended Title Report dated April 8,2024. EXHIBIT "B" T i 1 1 ). , r 1: —1.4---__ _ __-) ) 11. . i -WYMAN AVE —it:- —I- —4--E T . 173.7' ',•- Apt,_ _-, ,irl----- ----- --- i4f:E. All ! I PROPOSED WESTERLY I 'S:4 - '), \ DETENTION BASIN . k... .. 1 ‘ STORM . ihm..._ 13" co \i". DRAIN r) pRoposo EASTERLY , '''' ) t '1 / --------- Z; STORM DETENTION BASIN 1 P. 117.8'7 EASEMENT STORM DRAIN 1 I EASEMENT ), .../' J DRAIN EASEMENT STORM DRAIN-I L._ EASEMENT I ) --- — • t 1- 1 1 . ) , g 141 I id i z - DOUBLE RCB le, (SI Z ...... EX. 34' STORM DRAIN EASEMENT PER 1,1 INST. NO. 014-144490 p I 1 Z 1 - - \ W 1 , d IIII i I 1 i im f/ f I !I Oli ( RCP STORM 41 ''' " ', DOUBLE RCB -ID.% I DRAIN .01 -14%; . (5'X6') .." lip e• III\ 1 i 13;,1,8•it, ''S•la. okOFESSOA, I EXISTING 4:. F` DOUBLE RCB III (5.x6.) ..,„, , ---- „, (,) crd. 4._./e.-.....•__ cp„ 0\1 I10 I lifi* I\ zo- • o u' -±-II / 1 11.1 No.88982 IT;) kc4 . 1 r*Ir4). ..CNI1473 ) .'--..,,, .: i-Vi-ft°‘ " EXISTING CEMETERY ROAD z.. --/- - 1 ( EX. 54" RCP STORM I DRAIN A\ / ''''' PROJECT ADDRESS: 8301 TALBERT AVE E sEW-14 / PROACTIVE 120 60 0 HUNTINGTON BEACH, CA 92647 ow ow"-"4230 7 CUP NO. 00-63 APN 167-601-21 \ \ ENGINEERING CONSULTANTS Disclaimer: Exhibit is for illustration purposes only and is based off information SCALE: 1 "=120' SHEET 2 OF 2 currently available in the Amended Title Report dated April 8, 2024. EXHIBIT "C" )J; 1 , { i EXSTIP6. <_ - ___ --- -, _ , ---.-'•—-,---c-7i'------ • - - ---- •.•-,-:--1•At,.-...-...--3_1.r0'A4_3._i,-..... % . rear �., - t M L M a�- 36' RCP -NEWMAN AVE I I4 � 1 n • !IV�II�I( - PROPOSED EASTERLY 1 III% DETENTION BASIN :, diiiim . ji , ril _ ______ ---"- )1 1 „ __: Lir ,..,, ,./s, ----- „L . 7 #0,-- =--j-1 ------",-..„.._ Illikt , i • a. 0ii,„. . -,.........,..c .-........,s------... 0 7 ,,..„, . _, ,,_ _____________________ ., .,„„ . : '1',. I 1 r r. r its E 9Q — VI, It al -,•, (5. ..Akt h' ' 9 O t(1 1, 1�ii �� il t4)71)) I — _ _`_,_� "/ iklith\ ., �� EX. 34 STORM DRAIN EASEMENT PER;II. Mr4,1 \ \'\\\ I INST. NO. 014-144490 1 I I!IV 1 ,. �..__ ".. j 4., ' _ 7�1 �` ---- EXISTING DOUBLE / / ' less, — = RCB (5'X6') - I I I ' er l aii — -ii.--- -- - i I I / !! RCP;;M) a y%-' y / ING �- qs,1'.-- I I ' I I 1ts 7\1 / i I \ I1 \ '' Ul 'il.1 4 ' I� \ 1 I I Iiiii ' <0 C ` J. �F<ti N, \ \ 1 No. 8882 m 1 ' 4 '''( it \li, ,, e .,,, -----(7-q--- N # EXISTING CEME 1RY RO- 54 — \ .� '1 S DRAIN 120 60 0 PROJECT ADDRESS: 8301 TALBERT AVE PROACTIVE liiml HUNTINGTON BEACH, CA 92647 CUP NO. 00-63 Disclaimer: Exhibit is for illustration purposes onlyand is based off information ENGINEERING CONSULTANTS p P — ",",—,, `,,, "" SCALE: 1 "=120' APN 167-601-21 currently available in the Amended Title Report dated April 8,2024. , 0,..f/<', Certificate of Coverage Date: 10/1/2024 Certificate Holder This Certificate is issued as a matter of information only and The Roman Catholic Bishop of Orange confers no rights upon the holder of this certificate.This certificate 13280 Chapman Ave. does not amend,extend or alter the coverage afforded below. Garden Grove,CA 92840 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD Diocese of Orange OMAHA, NE 68154 13280 Chapman Avenue Garden Grove,CA 92840 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated,not-withstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded described herein is subject to all the terms,exclusions and conditions of such coverage.Limits shown may have been reduced by paid claims. Coverage Effective Coverage Expiration Type of Coverage Certificate Number Date Date Limits Property Real&Personal Property D.General Liability Each Occurrence 500,000 General Aggregate rjOccurrence Products-Comp/OP Agg 9129 7/1/2024 7/1/2025 ® Claims Made Personal&Adv Injury Fire Damage(Any one fire) Med Exp(Any nne person) Excess Liability Each Occurrence 1,500,000 9129 7/1/2024 7/1/2025 Annual Aggregrate 2,000,000 Other Each Occurrence Claims Made Annual Aggregratc Limit/Coverage Description of Operations/Vocations/Vehicles/Special items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified for Conditional Use Permit No.00-063/Mitigation Negative Declaration No.03-08 for Job Location: Good Shepherd Cemetery,R301 Talbert Avenue 1-luntineton Reach,CA 92646 APPROVED AS TO FORM r By: !lam\ MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGi'ON BEACH Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled before the expiration date thereof,the issuing company will City of Huntington Beach, its officers,elected or appointed endeavor to mail 30 clays written notice to the holder of officials,employees,agents and volunteers certificate named to the left,but failure to mail such notice shall 2000 Main Street impose no obligation or liability of any kind upon the company, Huntington Beach,CA 92648 its agents or representatives. Authorized Representative e0821003961 ROMACAT-01 PANDERSON2 ,4coRn CERTIFICATE OF LIABILITY INSURANCE DATEDD/YYYY) `--� 1 0/8/�a�2o2a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patricia Anderson NAME: Acrisure Southwest Partners Insurance Services,LLC PHONE aCCN o,Ext):(949)365-5104 I FAX 949 313-3255 4000 Westerly Place )( ) Suite 110 E-MAIL anderson acrisure.com Newport Beach,CA 92660 ADDRESS:p INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Insurance Company of the West 27847 INSURED INSURER B: Roman Catholic Bishop Of Orange INSURER C: 13280 Chapman Avenue INSURERD: Garden Grove,CA 92840 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR INSD WVD (MMIDDIYYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED _.P_REMISESfEe-pmrncel— $ MED EXP(Ally one person'- $--.-_.--- �...__„_ PERSONAL&ADV INJURY ,_S-,...- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY I spaiLOC PRODUCTS-COMPfOP AGG $ OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) S ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED -._ AUTOS ONLY AUTOS BOPtLY INJURY(Per acctdent) S H RED NON-OWNED PROPERTY DAMAGE A�TOS ONLY AUTOS ONLY jeer accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION S $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETORIPARTNERIEXECUTIVE x WSD507190101 7/1/2024 7/1/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N IA 1'000'000 (Mandatory in NH) EL.DISEASE-EA EMPLOYE If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If me PF4Q91ft84rAS TO FORM I including waiver of subrogation WC9906340800 attached v tviICHA(:L E.GATES CITY ATTORNEY CITY OF HUNTINGYON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntingon Beach,its respective officers and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 p ACCORDANCE WITH THE POLICY PROVISIONS. employees 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/1/2024 Charge Credit Cancellation Date of Endorsement 7/1/2025 Certificate Holder The Roman Catholic Bishop of Orange 13280 Chapman Ave. Garden Grove, CA 92840 Location Diocese of Orange 13280 Chapman Avenue Garden Grove,CA 92840 Certificate No. 9129 of The Catholic Mutual Relief Society of America is amended as follows: SECTION II-ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability),is amended to include as an Additional Protected Person(s)the organization(s)shown in the schedule below. Schedule-ADDITIONAL PROTECTED PERSON(S) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Remarks: Coverage is verified for Conditional Use Permit No. 00-063/Mitigation Negative Declaration No. 03-08 for Job Location: Good Shepherd Cemetery, 8301 Talbert Avenue Huntington Beach, CA 92646 However,the following limitations apply to coverage: 1. The maximum limits of coverage provided by 4. This endorsement does not extend coverage to Catholic Mutual Relief Society of America to the Additional Protected Person(s) for the Additional Protected Person(s) named Occurrences which cannot be attributed to in this endorsement shall not exceed the primary acts or omissions of the Protected coverage dollar amount specifically required Person(s). by contract or agreement and agreed to by the Protected Person(s). In the absence of 5. Provided that a premises is utilized by the specific coverage limits within a referenced Protected Person(s)in a manner consistent with contract or agreement, the limits of liability its intended purpose and in accordance with the afforded to the Additional Protected applicable contract, agreement, or lease, this Person(s) must be listed on a separate endorsement does not extend coverage to the Certificate of Coverage form attached to this Additional Protected Person(s) for premises endorsement. All limits of liability extended by defects or other Occurrences which could not be this endorsement are inclusive of both Section II discovered by the Protected Person(s) with Coverage D and Section VII coverages (if reasonable diligence. applicable). 2. Unless specifically agreed to by contract or 6. The limited coverage afforded to the Additional agreement, the coverage extended to the Protected Person(s) by this endorsement only Additional Protected Person(s) by this applies to the extent permissible by law and shall endorsement is excess and non-contributory not apply to non-delegable duties unless over any other available coverage or specifically agreed to by contract or agreement. insurance. 3. This endorsement does not apply to any Occurrence outside the specific date(s)of a facility use agreement or terms of a lease. This extension of coverage shall not enlarge the scope of coverage provided to the Certificate Holder under this Certificate nor increase the limit of liability thereunder.Unless otherwise agreed by contract or agreement,coverage extended under this endorsement to the Additional Protected Person(s)will not precede the effective date of this endorsement or extend beyond the cancellation date. PKS-122C(10-23) THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA ENDORSEMENT (r0 BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/1/2024 Charge Credit Cancellation Date of Endorsement 7/1/2025 Certificate Holder The Roman Catholic Bishop of Orange 13280 Chapman Ave.Garden Grove,CA 92840 Location Diocese of Orange 13280 Chapman Avenue Garden Grove,CA 92840 Certificate No. 9129 of The Catholic Mutual Relief Society of America is amended as follows: PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE or COVERAGE CONDITION This endorsement modifies coverage provided under the following: PKS-100 SECTION 11-LIABILITY CONDITIONS The following Is added to the Other Insurance or Coverage Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance or Coverage This protection is primary to and will not seek contribution from any other insurance or coverage available to an Additional Protected Person(s) under your certificate provided that: (1)The Additional Protected Person(s) is a Named Insured under such other insurance;and (2)You have agreed in writing in a contract or agreement that this protection would be primary and would not seek contribution from any other insurance available to the Additional Protected Person(s). Authorized Representative PKS-207(12-20) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2%of the total California Workers'Compensation premium otherwise due. Schedule Person or Organization Job Description Any person or organization when All California operations required by written contract. Policy Number: WSD 5071901 01 Insured: Roman Catholic Bishop of Orange, A Corporation Sole Endorsement Effective: 7/1/2024 Coverage Provided by: Insurance Company of the West Issue Date: 6/6/2024 Countersigned by: Pat-',cQh;c� WC 99 06 34 (Ed. 8-00) �<�,' o0GT°ti City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 • _: -: g_Q & (714) 536-5227 ♦ www.huntingtonbeachca.gov F°•••;ill;1B6S1°:``�� �a Office of the City Clerk OUNT'' ' Robin Estanislau, City Clerk November 5, 2024 Mike Wesner Director of Cemeteries 13280 Chapman Avenue • Garden Grove, CA 92840 Dear Mr. Wesner: • Enclosed is a fully executed copy of the Storm Water Detention and Landscape Maintenance Agreement between the City of Huntington Beach and Roman Catholic _- Bishop of Orange, approved by City Council on October 1, 2024. Sincerely, ‘241-4,1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan ,04***. ttlk,P;011:44,04,_ - AA '.4,1411‘. , 0., . :„.„.., --- ,.,,. - 0 %.°0 Good Shepherd Cemetery .., _ ,_ :,,,, ,-,-.'--..A 0, , , : �- !� : � lfAl ` 4'- Storm Water Detention and r k Landscape Maintenance Agreement Department of Public Works - . ' Tf , '7, October 1 2024 (kil„, A i ,..iiii ":.:4-.7 : - ,, ''' I '... ..'40. et.. :.... , .:.,.. i ,, '4.t%. '46-66:.40'11% IL 1:q:04J4-7*.4.4" . -‘(<74-4',-;Or' 0,, : ., . . ::. ...:, . .of .... : -::. a�T�C i 408 BACKGROU N • On December 7, 2004 the Planning Commission approved Mitigated Negative Declaration No. 03-08 and Conditional Use Permit No. 00-63 for the Good Shepherd Cemetery phased expansion project at 8301 Talbert Avenue. • The phased improvements consist of a new mausoleum, a new onsite maintenance building, new lawn crypts, new onsite loop road construction and significant onsite grading to improve two historic onsite storm water drainage courses that will now serve as regional detention basins (allowing public storm water on private land) to mitigate downstream flooding from large rain events. • A Storm Water Detention and Landscape Maintenance Agreement is presented to 0.:"""'--�®. ol1 \ATING.tO . City Council for approval and execution between the Roman Catholic Bishop of o • ,:t; :f drf°° ,. Orange and the City of Huntington Beach. rs °°°FB 190 A' cO io 409 • LOCATION MAP , . .. , , 5 5 . .:. , . . ... . . , . it. , , , , GOOD SHEPHERD-CEMETERY , , • 'N., ,..... : ... . SITE' sLATER, I : . , . .. . .. ... . , . ., . TALEIER , . , . I ! , . , . .., '.. . , ., , I ELLts<• .,..•' . x '1''If.' 'VITINa).= •"'"'- :... . . (11,( i' '..•'-- 03.01f4. , •4 •%-.;'-'0,0 44`°.-,40'•`04.. . - A _ .... , %-.14s. ,•a„ . .••• . . ' ...-----------%------,-.. Oltrtrit ,..;I-,-.1„,,,,,...1 ---7:77.7...-7,7:•,-:--,%,!..-As...10...a: ,k,.s.,1,-.-.7-41katiiikat ...c)'.`k• i ,•, •:::,•.• ,_., ...--4,'...7,- '" a Ti . te4 . :---:-.,---.-F--f..,_,...,7.,•,-7'17'• k ''''',..-`----et,E. • , '..** ,% ,....„--- --•?7:•-•,,--...7.-Avr, I. • coc......•• ,,,_\.\ ,if iE•Tious.„.co..,,,,..,..,,.<4,,,,,.,0 . -..1.!........01,94,, . . . . . . . • . 410 NEED/WHY/ BENEFITS • The cemetery site has historically included two drainage courses that accept storm water from adjacent public areas, south and west of the subject property (Talbert Avenue and Huntington Beach Hospital), convey drainage through the site and to the downstream public storm drain line in Newman Avenue. • In conformance with the project's Conditions of Approval, the project owner has submitted plans (to the City) to improve said drainage courses, has constructed new portions of the City master-planned storm drain onsite, and is improving the detention areas to create engineered basins, designed for the possible detention of a 100-year storm, to mitigatepotential floodingeffects on the downstream residential ,f g itBI '�NTI�Gr� �. neighborhood and public storm drain system, ai ORPORA"'." : � s 1 °AUNTY tY`;' 411 DETAILS • The project's Conditions of Approval require the Cemetery Owner to enter into a Storm Water Detention and Landscape Maintenance Agreement (with the City) for the on-site detention and storm drain system which is designed per applicable City and County standards. • This Storm Water Detention and Landscape Maintenance Agreement addresses: • Maintenance Responsibilities between the Cemetery Owner and the City for the onsite public storm drain pipelines and detention basins. • Operation of the public storm drain system through the private cemetery property. • Liability associated with onsite detention and drainage system. ,�� �``�'=� • The necessary easements dedicated to the City for maintenance access. r° • • d tis x r4 412 • RECOMMENDATION • Approve and authorize the Mayor to execute the Storm Water Detention and Landscape Maintenance Agreement, between the City and the Roman Catholic Bishop of Orange, to provide for construction of certain on-site storm water detention and storm drainage systems, outline maintenance responsibilities, and the necessary access easements for the Good Shepherd Cemetery Expansion Project. OP � C4aaen9ar o.., -03 �• s °O NTH ,Pi,/B.: 413 x +.. '` tea' Vii:". a,,. e`" % 'a" �, ia?. Questions ? r s & � 0 b� Y }fib xs 3, v" } $d QrE" 4,�g c9 'd :,.a f �x (1(tt }!'��1.x �671`� ^. aY ti r'_a' jj�jIlJ1/iIJ1llhi . :,x i 1,W. . gyp, , �- "`� , ,' "' I < Y� ^4� . fi.:. 3� i*ET ' �if, _ ,1 in' 'St ''' :'* to ii 1 i- ` '. a++ „,..4.2,- .` c. ram , -4 r m r 1. ` ' �F' --`t ftq r-ti( r—; -i� 414