HomeMy WebLinkAboutBeach Housing Partners, L.P. - 2025-02-18 (2) of ,` i 2000 Main Street,
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Huntington Beach,CA
City of Huntington Beach 92648
APPROVED 7-0
CFCDU;JTV GF\r
File #: 25-063 MEETING DATE: 2/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, Acting City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Jacob Aube, Senior Civil Engineer
Subject:
Approve License Agreement and Project Specific Maintenance Agreement for the Pelican
Harbor Senior Apartments Project at 18431 Beach Boulevard
Statement of Issue:
A License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing, the
project developer), and a Project Specific Maintenance Agreement between the City and the State of
California (Caltrans), are presented for City Council approval and execution for the Pelican Harbor
Senior Apartments project at 18431 Beach Boulevard (near intersection with Ellis Avenue, as shown
in Attachment 1).
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the
City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project
developer), to provide maintenance of improvements within State Highway Right-of-Way on State
Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and
instruct the City Clerk to record the agreement with the Orange County Recorder; and,
B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance
Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements
within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor
Senior Apartments project (Attachment 3).
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 2/13/2025
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File #: 25-063 MEETING DATE: 2/18/2025
The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the
intersection with Ellis Avenue. The project's development requirements included the maintenance
responsibilities of hardscape and street lighting improvements within State Route 39 along the project
frontage. To document this responsibility, the project developer is required to execute a License
Agreement for all hardscape and street lighting within State Route 39 Right-of-Way. This agreement
also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance.
The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way,
will only enter into maintenance agreements with governmental agencies, not private developers.
Consequently, there are two agreements necessary to adequately address maintenance
responsibility. The Project Specific Maintenance Agreement between the City and State of California
passes maintenance responsibilities from Caltrans to the City, and the License Agreement between
the City and Beach Housing Partners, L.P. (Jamboree Housing), passes maintenance responsibilities
from the City to the developer. It is also Caltrans' policy to sign the agreement after the City has
signed, therefore the Project Specific Maintenance Agreement is provided approved as to form but
without Caltrans' signatures.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Location Map of Pelican Harbor Senior Apartments Project
2. License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P.,
to Provide Installation and Maintenance of Improvements in the Public Right-of-Way
3. Project Specific Maintenance Agreement with City of Huntington Beach
4. Presentation
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Recorded in;Official Records,Orange County
Hugh Nguyen,ClerkRecorder
III.I 111111 11111 11111 III I 1111 ill 11 II NO FEE
R G 1 5 4, 2 5 T .9 a S'
RECORDINGREQUESTED BY 2025000060567 10:55 am 02121125
CITY OF HUNTINGTON BEACH 90 CR4c66 Al2 16
0.00 0.00 0.00.000 45.00 0.00000 0.000.00 0.00
WHIM RECORPED MA.1 TO:
City Clerk
City of Huntington Beach.
PO.Box 1.90./2000 Main Street .
Huntington Beach,CA"92648
Fee egempt per Government Code§6103 •
•SPACE AFAOYS TASI.INEFORRECORDER'SUSE
LICENSE AGRMMENT BETWEEN
THE.crry OF HUNTINGTON BEACH AND,BEACH HOUSING,PARTNERS,L.P.,TO
PROVIDE INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN THE
PUBLIC:RIGHT-OF-WAY
This License agreement(the"Agreement")is made and entered into by and between the
CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as
"CITY'," and BEACH HOUSING PARTNERS,L.P.,hereinafter referred to as"LICENSEE."
wmnA$,BEACH HOUSING PARTNERS,L.P.,is the.Owner of certain rc41'PrOPPrty
located in the City of:HuntingtonBeach,County of Orange,State of California,which is more
particularly described in the legal description attached hereto as Exhibit"Am and incorporated by
this reference(the"Property");and
CITY is the owner of those certain areas:inthe immediate Vicinity of the Property that are
depicted 0.11E111174,"04 attached hereto and incorporated herein by this reference(the
Improvement Areas");and
•
In connectiOn with the developnient of the Property,CITY and LICENSEE,desire to assign
responsibility for the installation and maintenance of improvements within the Improvement
Areas,as defined below in Section 5,,atid the costs associated therewith in accordance with plans •
and•specilicationssubmitted 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 andst..ICENSEE covenant and agree as follows:
1. -GRANT OF LICENSE. Subject totems and conditions hereinafter set forth,CITY
hereby grants to LICENSEE anon-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
Thiedocternent SOW foreh.official
h!leloOse of the Oty of lifordnargm edeck
/4-1.4$86/347701 3,Cont5rpkte4 under Government Code
Sec.2730 and shouidta recorded tree
of Ogleget.
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH
WHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
P.O. Box 190 /2000 Main Street
Huntington Beach, CA 92648
Fee exempt per Government Code § 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND BEACH HOUSING PARTNERS, L.P., TO
PROVIDE INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN THE
PUBLIC RIGHT-OF-WAY
This License Agreement (the "Agreement") is made and entered into by and between the
CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and BEACH HOUSING PARTNERS, L.P.,hereinafter referred to as "LICENSEE."
WHEREAS, BEACH HOUSING PARTNERS, L.P., 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 LICENSEE desire to assign
responsibility for the installation and maintenance of improvements 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 docurnent Is solely for the official
1 business of the City of Huntington Beech,
24-14886/347703 as contemplated under Government Code
Sec.27383 and should-be recorded free
of charge.
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. TERMINATION. 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
Property fully functional and in compliance with law), and construct and reconnect CITY water
and electrical supply 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 on 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:
Concrete paving including sidewalks and driveways, street lighting, including conduit and
pull boxes 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 RESPONSIBILITIES. At LICENSEE'S sole cost and expense,
LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas,
including, but not limited to: sidewalk cleaning; trash disposal; signs; street lighting; and,
generally keeping the Improvement Areas in a clean, secure and attractive condition. 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."
(a) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall
include all concrete and enhanced hardscaping material including all sidewalks, driveways, street
lighting and related appurtenances. Maintenance includes, but is not limited to, 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.
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24-14886/347703
(b) 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.
(c) 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 any 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 IMPROVEMENT AREAS. In the event any damage is caused to any
pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a
result of the installation of the landscaped material installed on the Improvement Areas and/or the
performance of the maintenance responsibilities of the Improvement Areas, LICENSEE agrees to
repair same at its own expense. In the event that damage is caused by the acts of any person or
any equipment is broken or breaks or is destroyed, said equipment shall be replaced or restored
within ten(10) calendar days of the date of the breakage or destruction. Stolen items will be
considered destroyed for purposes of this Section 10.
11. 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.
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24-14886/347703
12. COOPERATION. In the event both LICENSEE and CITY are 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 Agreement 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 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 delegee's address for service of notices. LICENSEE hereby covenants for itself
and its successors and assigns, that conveyance of any interest in the Property 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
§1861, 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. LICENSEE 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 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.
4
24-14886/347703
16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15
above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its
successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto,
on all activities to be performed 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 ($1,000,000). 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 the
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
commencement 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 "Indemnified 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 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
5
24-14886/347703
LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees)
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 Improvement 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 performed, 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:
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24-14886/347703
TO CITY: TO LICENSEE:
City of Huntington Beach BEACH HOUSING PARTNERS L.P.
2000 Main Street ATTN: Denise Gutierrez
Huntington Beach, CA 92648 17701 Cowan Avenue, Suite 200
ATTN: Director of Public Works Irvine, CA 92614
Tel: (714) 536-5431
Facsimile: (714) 374-1573
Any mailing address or telefacsimile number may be changed at any time by giving written notice
of such change in the manner provided above at least ten(10) days prior to the effective date of
the change. All notices under this Agreement shall be deemed given, received, made or
communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or
attempted delivery date shown on the return receipt. A person may not give official or binding
notice by 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, amplify, 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-EXCLUSIVITY. This License is non-exclusive, 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 sex.
28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its
respective rights and obligations under this Agreement, including, but not limited to, performing
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. If any 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 AGREEMENT. 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,
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24-14886/347703
between the parties hereto with respect to the rights and obligations contained herein. Any oral
representations or modifications concerning this instrument 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.
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 the 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 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 AUTHORITY. CITY hereby delegates to its City Manager or his or
her designee the authority to implement all provisions of this Agreement.
37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this 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.
8
24-14886/347703
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
and through their authorized officers on February 18 2024.2025.
LICENSEE: CITY:
BEACH HOUSING PARTNERS, L.P. CITY OF HUNTINGTON BEACH,
a California municipal corporation
By:
Ih CAP & rna5S I & Mayor
print name
ITS: (circle one)Chairman/PresidentNice President
AND City Clerk
INITIATED N APPROVED.
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/ Director of Public Works
•
Asst. Secretary-Treasurer
REVIEWED APPROVED:
i l City Manager
APP O .
ty Attorney
State of California
County of ()Or1G
0 9
24-14886/347703
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 OrGtn3e )
On (4/30 /29 before me, Jo(icr1 M6riIn (3Grr;os Notofk1 Publ�C
(insert name and title of the officer)
personally appeared (nicke ( O1GSsie
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/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 laws of the State of California that the foregoing
paragraph is true and correct.
0E`,,,„ , JULIAN MARIN BARRIOS
WITNESS my hand and official seal. .� Notary Public-California
�it; Orange County
y.�'`� Commission#237551
-0 My Comm.Expires Sep 19,2025
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 Or Ce e )
On OR /30 /24 before me, JUliGln (Grill IorrioS, *Fan! PubI;c
(insert name and title of the officer)
personally appeared Mar UI Sc,hul i
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/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 laws of the State of California that the foregoing
paragraph is true and correct.
JULIAN MARIN BARRIOS
WITNESS my hand and official seal. •, Notary Public.California
4 ,•" Orange County
1t
.•x'� Commission#2375551
�- My Comm.Expires Sep 19,2025
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 February 20, 2025 before me, Donna Switzer, Notary Public, personally
appeared Pat Burns and Lisa Lane Barnes 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.
w�nr r DONNA swrrzER
WITNESS my hand and official seal. „ Notary Public-California
Orange County
�• ' Commission#
C�(1 Off+ My Comm.Expires Nov2470457 9,27027
(Seal)
(Notary Signature)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL 2 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS
PER MAP FILED IN BOOK 76, PAGE 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
APN 159-031-018
18431 BEACH BOULEVARD
EXHIBIT "B"
IMPROVEMENT AREA
See attached.
SHEET 1 OF 1
.-_----,,,- ------=---.]-i.z...,7,-5. 11le
EX-0I r3r —T ),'43‘
P/LH P L
HUNTINGTON BEACH
SENIOR HOUSING
18431 BEACH BLVD.
I HUNTINGTON BEACH I
I 12—ORA-39 PM 3.17 I
N
F- Z
5 Q
0 I�
SIDEWALK w O
L=60.00' W
EX. SI ED WALK . 1... 41.04701._ yrAfir744;A. ir 7.fSID_EWALK\)1/47
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BEA CHI BL VD. q
270' g ELLIS AVENUE
LEGEND:
1 // HARDSCAPE AREA Z
-- CALTRANS RIGHT—OF—WAY SCALE.' 1"=20'
PREPARED BY:
UNITED CIVIL, INC 18431 Beach Blvd.
30141 Agoura Road, Suite 215 IMPROVEMENT AREA PER
Agoura Hills, CA 91301 MAINTENANCE AGREEMENT
PH: (818) 707-8648
eis'o? N a�A Ga°���' CITY OF
es
HUNTINGTON HUNTINGTON BEACH
Lisa Lane Barnes I City Clerk
January 7, 2025
Beach Housing Partners L.P.
Attn: Denise Gutierrez
17701 Cowan Avenue, Suite 200
Irvine, CA 92614
Dear Ms. Gutierrez:
Attached for your records is a fully executed copy of the License Agreement between
the City of Huntington Beach and Beach Housing Partners, L.P. to Provide Installation
and Maintenance of Improvements in the Public Right-of Way, approved by the
Huntington Beach City Council on February 18, 2025.
Sincerely,
X#14:44t6
rn�
Lisa Lane Barnes
City Clerk
RE:ds
Enclosure
Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov
. .
..4•10,40rAdir....Order.:45,.• , . ,
Pelican Harbor Senior
or, - . IA N G :, •,,,,,.... :.._.. . . • ,, ,, . :, .. . .. ,
A : ;.,::• . : . 0Aj : .:
" :w iiestsemies : , ,- 1116,.. Apartments
44" tOi‘FGRA r .. *e.
• .,. . .,": .. Ak
): 4....
• ---,.___, __,__ ,--_,....,: • :2 . .
lks. Approve License Agreement and
;„._•,-.,,----, ,,. ,. -.,Jv.! (i.i,.; . ..„ : . til4 Project Specific Maintenance
.., ,. : ,.: • .-. .,..0 • It'' • /,...; 0: -.
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... • _ _r_..„...L,. ..- ,.._
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11
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Department of Public Works
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•
BACKGROU N
• The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard,
near the intersection with Ellis Avenue (Attachment 1). Developed by Jamboree
Housing, the project will provide affordable housing for seniors. The project consists
of 43 total units with a subterranean parking garage and four stories of residential.
There are also outdoor amenities such as a courtyard, dog run, open space, and
fitness stations.
• As part of the development requirements, the developer was required to construct a
streetlight and new concrete walkways in State Route 39 (Beach Boulevard) along
the project frontage. State Route 39 is operated by the California Department of
Transportation (Caltrans).
• The developer was also required to assume maintenance responsibilities of the +�'' 11NG#'
P q p o� en�ane.„_Of
constructed improvements in State Route 39. Caltrans will not directly sign 8o �� �� •�.,o :
agreements with developers, only governmental agencies. To satisfy the
maintenance requirements, the City signs a maintenance agreement with Caltrans,
and then signs another separate maintenance agreement with the developer to pass \y �,;;
���...,.�
maintenance responsibility to the developer. a lrlgoe
LOCATION MAP
, .
P1 JE T
LLIS...
1
711
h
':::
GARFiELD 't?" ti
tc
AVENUE
10Ql � `� 8.
YORKTOWN
AVE11 U
6
� "-- $ f� 417 A:DAMS 1 ',C�
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VICINITY MAP .� L 1
- fir" '4
NOT TO SCALE >.0, '.: e4>,19.0 `1 /,I..,
. bUNTS1 ttR;11.
NEED/WHY/ BENEFITS
• The project's development requirements included the maintenance responsibilities of
hardscape and street lighting improvements within State Route 39 along the project
frontage. To document this responsibility, the project developer is required to execute
a License Agreement for all hardscape and street lighting within State Route 39 Right-
of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all
other aspects of maintenance.
• The California Department of Transportation (Caltrans), the owner of State Route 39
Right-of-Way, will only enter into maintenance agreements with governmental
agencies, not private developers. Consequently, there are two agreements necessary
to adequately address maintenance responsibility. The Project Specific Maintenance
Agreement between the City and Caltrans passes maintenance responsibilities from .�
Caltrans to the City, and the License Agreement between the City and Beach Housing i°'011101'p
iyBPUAgF
Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City ao :�� _ ¢ ,,,cP
to the developer.
• Executing these agreements allows the developer to meet the development ® ,. Q`d
requirements and transfers maintenance responsibility to the developer, which results r;, ,;
in no maintenance responsibilities for the City. ` CO( NT CR�`r#,�.
®.ra��t'4t
:•EA--. _ . . , nit
=1.xsitmr
1801 MVO BLAU
DETAILS ,. ........ ,
, woiik-so pu:4..ii I
tbEIVAUc . g
• The constructed improvements along the project _.--m.:.arw .
• ._,_ _...,...._ — :,
frontage within Caltrans Right-of-Way on State Route
t
39 (Beach Boulevard) include concrete walkways, t‘.
streetlight, conduit, and pull boxes. I't
I
• Maintenance responsibilities include the previously f I.
mentioned improvements and also include sidewalk 1: - 1.,.
— BEACH * BIND 4., „..
cleaning and disposal of trash. -- 270 ; ,,,:t. c, MIS AVENUE . .....„,....,,,
maw
• Executing both agreements will pass all maintenance ://41 :tmospeE AREA —*-,. .--
responsibilities to the developer and free the City of ,------ 0.704 RfOisit4f— SCALE: r==-21t
-ONY.
maintenance responsibility. The City signs two
separate agreements with Caltrans and the r t,,r;,.!.”*!°?!.*.* .iii :•.,L..,
iik,e7'W'("IPGRAriP'..,4),et.,,A
developer due to Caltrans not signing agreements
directly with developers, only governmental agencies 1,41-'THAtii?Aiiii 'fig.N
like the City.
RECOMMENDATION
A) Approve and authorize the Mayor. and City Clerk to execute the License Agreement
between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree
Housing, the project developer), to provide maintenance of improvements within State
Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior
Apartments project (Attachment 2); and
B) Approve and authorize the Mayor and City Clerk to execute the Project Specific
Maintenance Agreement between the City of Huntington Beach and State of California
(Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach
Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3).
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