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Nash-Holland 18750 Delaware Investors, LLC, - 2025-12-16
��NTINGTp 2000 Main Street, of ATIN 74 Huntington Beach,CA 92648 �' ° City of Huntington Beach �.. � APPROVED 6-0-1 (TWINING—ABSENT) �UNTY�P� File #: 25-937 MEETING DATE: 12/16/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Steve Bogart, Senior Civil Engineer Subject: Approve the Execution of a Landscape Maintenance License Agreement with Nash-Holland 18750 Delaware Investors, LLC for the Paxton Apartments Project Statement of Issue: A Landscape Maintenance License Agreement between the City and Nash-Holland 18750 Delaware Investors, LLC (owner/developer) is presented for City Council approval and execution for the Paxton Luxury Apartments Project, located at 18750 Delaware Street (east side of Delaware, south of Main Street and west of Florida Street). This Agreement transfers the maintenance obligations for landscaping and hardscaping improvements within the public right-of-way to the owner/developer of the property, and satisfies the project's Conditions of Approval. Financial Impact: No funding is required for this action. Recommended Action: Approve and authorize the Mayor and City Clerk to execute and record the Landscape Maintenance License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC to provide installation and maintenance of landscaping and hardscaping improvements in the public right-of-way for the Paxton Luxury Apartments Project. Alternative Action(s): Do not authorize execution of the License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC, for the Paxton Luxury Apartments Project. Make findings for denial, and direct staff accordingly. Absent this agreement, the City would be responsible for maintenance of the improvements within the public right-of-way associated with the project, resulting in increased future maintenance costs. Additionally, without this Agreement, the developer would be unable to satisfy the project's Conditions City of Huntington Beach Page 1 of 2 Printed on 12/10/2025 powered by LegistarTm 1512 File #: 25-937 MEETING DATE: 12/16/2025 of Approval. Analysis: The Paxton Luxury Apartments Project is a multi-family apartment development located on the east side of Delaware Street, south of Main Street, and west of Florida Street. This project involves construction of a new five-story apartment building with.346 units, a parking garage, onsite and offsite utility upgrades, and improvements to the existing public infrastructure along the site's Delaware Street and Florida Street frontages. The project's development requirements include construction of(and future maintenance responsibilities of) landscaping and hardscaping improvements within the public right-of-way, along these frontages. To document this responsibility, the developer/owner is required to execute a Landscape Maintenance License Agreement for all landscaping, irrigation, street furniture and hardscape in the City right-of-way along the project's frontages. In addition to landscaping and irrigation, the agreement addresses sidewalk cleaning, trash disposal, signage, pedestrian-scale lighting, tree replacement, and all other aspects of maintenance. The property owner shall be responsible for all. costs associated with maintenance, repair, replacement and liability for these areas. Public Works Commission Action: Not applicable for this request. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Landscape Maintenance License Agreement 2. Location Map 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 12/10/2025 powered by LegistarTM 1513 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder 11111111111111 111.1 1111 IHI NO FEE * $ R 0 0 1 5 9 6 7 6 0 1 $ * RECORDING REQUESTED BY: 2025000354608 10:07 am 12/23125 CITY OF HUNTINGTON BEACH 868 Ex12A Al2 15 0.00 0.00 0.00 0.00 42.00 0.00 0.00 0.00 0.00 0.00 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 LANDSCAPE MAINTENANCE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NASH HOLLAND 18750 DELAWARE INVESTORS,LLC,A DELAWARE LIMITED LIABILITY COMPANY,TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND HARDSCAPING 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 NASH—HOLLAND 18750 DELAWARE INVESTORS,LLC; a Delaware Limited Liability Company,hereinafter referred to as"LICENSEE," WHEREAS,Nash—Holland 18750 Delaware Investors,LLC, a Delaware Limited Liability • Company,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 landscaping and hardscaping within the linprovemerit 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 and hardscaping 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: • This document is Solely for the official • buelness•of the City of Huntington Bch, ea contemplated under Government Code Sic.27383 and should-ba recorded frvs 25-16495/379468 of charge. 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 LANDSCAPE MAINTENANCE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NASH—HOLLAND 18750 DELAWARE INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND HARDSCAPING 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 NASH—HOLLAND 18750 DELAWARE INVESTORS, LLC, a Delaware Limited Liability Company, hereinafter referred to as "LICENSEE." WHEREAS,Nash—Holland 18750 Delaware Investors, LLC, a Delaware Limited Liability Company, 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 landscaping and hardscaping within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping and hardscaping 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: This document Is solely for the official business of the City of Huntington Beech, as contemplated under Goverment Code Sec.27383 and shauktba recorded free 25-16495/379468 of charge. 1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY hereby grants to LICENSEE a non-exclusive license ("License") to install and maintain landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement. 2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement as set forth herein. 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: Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the Landscaping Plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY and the irrigation systems serving the same. Hardscaping: Enhanced and concrete paving including sidewalks, driveways, street lighting, access ramps and stairs in accordance with the precise grading plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY. 5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense and during the Term, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; watering; repairing and/or adjusting irrigation systems when failures occur; fertilizing; cultivating; edging; performing general planting and trimming or other corrective gardening; spraying grass and plants with both insecticides and herbicides; and, generally keeping the Improvement Areas in a clean, secure and attractive condition,taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. During the Term, LICENSEE agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose of litter and debris in a sanitary and legal manner and location. All of 25-16495/379468 the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities," and shall apply only during the Term. (a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean, secure and attractive condition,taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the following: 1. Provide and apply fertilizer as necessary to sustain healthy growth. 2. Maintain the Improvement Areas to allow access by CITY personnel to CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects at all times. 3. Keep plantings trimmed to eye pleasing appearance. 4. Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions. 5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. 6. Keep the entire area policed and free of litter and deleterious material. LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters, containers, decorative features, artwork or other surfaces. 7. Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the right-of-ways. 8. All tree trimming shall be done by an I.S.A. Certified Arborist or an I.S.A. Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree Supervisor. Damages may potentially lead to penalties which can involve removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE to the CITY. 9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a manner reasonably satisfactory to the CITY, LICENSEE shall re-landscape the Improvement Areas to a condition acceptable to the CITY at LICENSEE's sole cost and expense. 10. Control and maintain the Improvement Areas such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, or 25-16495/379468 encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from the edge of the curb/gutter to the center of any street right-of-way. 11. Conform to all applicable Best Management Practices set forth in the CITY'S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP Fact Sheet 1C7 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works. (b) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall include all concrete and enhanced hardscaping material including all sidewalks, street lighting, driveways, access ramps and stairs. Maintenance includes, but is not limited to, linear root barriers, concrete repair and replacement, grinding or patching variations in elevation of sidewalks and driveways for an acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any other deleterious items or material on or about the sidewalks or driveways in an expeditious manner. (c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. (d) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Areas by LICENSEE. (e) LICENSEE shall maintain the Improvement Area in a manner reasonably satisfactory to the CITY. The CITY shall provide a written notice to and an opportunity for LICENSEE to correct or cure any deficiency in maintaining the Improvement Area within a reasonable time not to exceed sixty (60) days, unless otherwise agreed to by the Parties. In the event LICENSEE fails or refuses to correct or cure any deficiency within the time specified, the LICENSEE Agreement shall terminate upon sixty (60) days written notice to LICENSEE by the CITY. 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 CIT, which consent shall not be unreasonably withheld, conditioned or delayed. 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 25-16495/379468 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 by Licensee of the landscaped material installed on the Improvement Areas and/or the performance of the maintenance responsibilities of the Improvement Areas by Licensee, LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or restored within ten (10) calendar days 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. 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 its successors and assigns as owners of the Property and any attempt to assign the License to any entity shall require the prior approval of CITY and is subject to the provisions set forth in Section 37 below. Notwithstanding the foregoing, assignment of the License to a LICENSEE affiliated entity or to a successor owner of the Property, or a collateral assignment to any mortgagee secured by the Property, shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of 25-16495/379468 notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any fee title interest in the Property (other than a security interest granted in connection with a financing by Licensee) shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code §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. 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 25-16495/379468 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. (a) 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 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. (b) In the event CITY elects to perform any maintenance, repairs, or other work withing the improvement Areas, CITY shall indemnify, defend, and hold harmless LICENSEE and its officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney's fees) to the extent arising from the negligence or willful misconduct of CITY or its officers, employees, agents, or contractors in connection with such work. 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 25-16495/379468 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: TO CITY: TO LICENSEE: City of Huntington Beach Nash—Holland 18750 Delaware Investors, 2000 Main Street LLC ATTN: Director of Public Works c/o Holland Partner Group Huntington Beach, CA 92648 808 Washington Street, Suite 500 Vancouver, WA 98660 Email: notices@hollandpartnersgroup.com 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. 25-16495/379468 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, 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 25-16495/379468 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on D.fjre m1)/4 i (ice 2018. 2025: LICENSEE: CITY: NASH—HOLLAND 18750 Delaware Investors, CITY OF HUNTINGTON BEACH, LLC, a Delaware Limited Liability Company a California unicipal corporation By: HPG 18750 Delaware Investors, LLC, a Washington limited liability company, Mayor Casey McKeon its Operating MemberL.7,1704::fff —' wry. !� By: Holland Partner Group Management, Inc., City Clerk Lisa Lane Barnes A Delaware limited partnership, its Mana er INITIATED A PRO E : By: Tom Warren President of Development Division Director of Public Works Chau Vu REVIEWED AND APPROVED: e: Manager Travis Hopkins APPROVED AS TO FORM: T4--c- 1-City Attorney Paul D'Alessandro 25-16495/379468 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 pr(^hr1 On Q-P Ce vvibe. Y I. 2026 before me, 0011rl t-Su(+2.021' INN PL. h11CJ (insert name and title of the officer) personally appeared (6'1 mc yL, 1nil._ Li L irx i BArr s who proved to me on the bas' of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that I6/she/they executed the same in hys/hpr/their authorized capacity(ies), and that by Ws/hat./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. >, DONNA SWITZER WITNESS m hand and official seal. ': +'�a. Notary Public-California Orange County Commission N 2470457 • My Comm.Expires Nov 9,2027 Signature jr (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 Washington County of Clark On Ndv�mlo- ID � -� �� before me, t- 4ch Z � < VOIA1 (insert name and title of the officer) personally appeared 711.1 t m"J 0 VV G 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 Washington that the forego- ing paragraph is true and correct. WITNESS my hand and official seal. E�BRO (140ITANZ' Signature J ( �c PUBLIC 7 ti92 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF PARCEL MAP NO. 2022-106 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 416, PAGES 17 THROUGH 20, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ,OFESSI ONgt JUAN et- co ip w No. 80450 A EXP:3/31/27 \Q ST ct 9TF CIVIL GP�\FO OF 10/22/2025 DATE 10/22/2025 2:21 PM Jose Cruz P:\H\HOLPOHAC0007\0400CAD\EC\EXHIBITS\Landscape Maintenance Agreement\Exhibit B.dwg // '\ N O. `\S S I OALI4 ..; — -7 . --"- ---H, NI cc No. 80450 al EXP: 3/31/27 \R 6.00'—o►4c I .. ._ C 11 T- i- CIVIL P�\°Q oF 10/22/2025 f 6.00, El ❑ ❑ El DATE ri, / - , ❑ - 0` ° ' ❑ W 12.oc. ai � > 1-1..I DELAWARE ❑ RESIDENTIAL — — — PROJECT Q F. ii' 4 , 0 1, [V , •i r' f In . • PROP. DEDICATION Fi :',:./ ../ ,i LEGEND •'A. i I LANDSCAPE AREAS TO BE MAINTAINED 12.0C' 1f: • 1 ,• HARDSCAPE AREAS _ _ ".'..4 .•` TO BE MAINTAINED - — — n nu\j — — — • , — __. — __ — e_.. _ s�.,�_-ter;— __ _ i::.aria-_Is _ ,, of,��7� � 11 DATE: 10/22/2025 l' DAVID EVANS EXHIBIT "B" C1 . 1 AMDASSOCIATES Rio. IMPROVEMENT AREA PER 25152 Springfield Court,350 LANDSCAPE AGREEMENT Santa Clarita,CA 91355 Phone: 661.284.7400 CA PAGE 1 OF 2 10/22/2025 2:21 PM Jose Cruz P:\H\HOLPOHAC0007\0400CAD\EC\EXHIBITS\Landscape Maintenance Agreement\Exhibit B.dwg II QPOS S I ON II 9a.i. I '4? /2 (' N:804501) Al° i r EXP:3/31/27 s,.' nn I sT-9T CIVIL \� Q OF GP\' 1 s 6.00' 10/22/2025 ..51' DATE — DELAWARE 0 RESIDENTIAL PROJECT I—, ._ i ._._ I 6.50' L _. I , — PROP. DEDICATION Q _ Q C 0 PL J r. 12.50' 1 �� ? \ (- 1 LEGEND CI 1 LANDSCAPE AREAS `l TO BE MAINTAINED ❑ v w I= . 1-1 °' In { '``:` HARDSCAPE AREAS _ I ",'. 4 TO BE MAINTAINED Il _, ——---—— •-- _.. i — — 1 II DATE: 10/22/2025 lef DAVID EVANS EXHIBIT "B" C1 . 1 ANDASSOCIATES INC. IMPROVEMENT AREA PER 25152 Springfield Court,350 LANDSCAPE AGREEMENT Santa Clarita,CA 91355 Phone: 661.284.7400 CA PAGE 2 OF 2 , h).,(.6/l ACU® DATE(MMIDDIYYYY) �, 9/1/2026,CERTIFICATE OF LIABILITY INSURANCE 12/22/2025 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 l.oekton Companies,LLC CONTACT NAME: DBA Lockton Insurance Brokers,LI_C in CA PHONE FAX CA license NOF157G7 IAIC.No.Exit; INC.Not: E-MAIL 8110 E Union Are.,Ste.100 ADDRESS: Denver CO 80237 INSURER(S)AFFORDING COVERAGE NAIC S denver-certs@lockton.conl INSURER A:Navigators specialty Insurance Company 36056 INSURED Holland Construction,Inc INSURERB:---SEE ATTACHMENT--- 1391087 808 Washington Street,Suite 500 INSURER c:SompoAmerica Insurance Company 1 1 126 Vancouver.WA 98660 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 22813486 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE ADDL INSD SUM WVO POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMM/DDIYYYYI R.IMIDDlVVYVI A X COMMERCIAL GENERAL LIABILITY Y N SI'25CGL2572111C 9/1/2025 9/1/2026 EACH OCCURRENCE S 1,000,000DAMAGE TO RENTED _ CLAIMS MADE ( X 1 OCCUR PREMISES IEa oCoccurrence) S 100,000 MED EXP(Any one person) $ 5,000 I PERSONAL&ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIESIEj( PER: GENERAL AGGREGATE $ 2,000,000 POLICY[XI JECT C-1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ C AUTOMOBILE UABILITY N N GAR30010712904 9/1/2025 9/1/2026 FE0akpaINdEeVNGLE LIMIT S 1,000,000 X !ANY AUTO BODILY INJURY(Per person) S XXXXXXX OWNED OS ONLY AUTODULED BODILY INJURY(Per accident) S XXXXXXX X 'AUTOS ONLY X AUTOSONLYY ((Peo�R�DAMAGE $ XXXXXXX S XXXXXXX B UMBRELLA DAR X OCCUR N N AMKLV3EUE102226 9/1/2025 9/1/2026 EACH OCCURRENCE $ 25,000,000 B X EXCESS LIAR CLAIMS-MADE ELD30024287503 9/1/2025 9/1/2026 AGGREGATE $ 25,000,000 B XSL-00016P6-03 9/1/2025 9/1/2026 B DED I I RETENTIONS HXS100294801 9/I/2025 9/1/2026 $ XXXXXXX WORKERS COMPENSATION PER C AND EMPLOYERS' YIN N GWR30067023201 9/1/2025 9/1/2026 X STATUTE I 1ORH- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENTl S I,000 000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S I,000,000 Eyes,describe under _--- DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached ii moremseptm� AS TO FORM RE: 18750 Delaware Project. rF''rr City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insured as respceneral Liability if required by written contract. By ; MICHAEL J.VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION Sec Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 22813486 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Department of Community Development Building Permit Application AUTHORIZED REPRESENTATIVE rr �y 2000 Main Sheet Huntipgton Beach CA 92648 P©1988-204-5 ACORD CORPORATION.RORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:SF25CGL257211IC COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations City of Huntington Beach. its officers elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury" or damage"or"personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1.Your acts or omissions; or furnished in connection with such work, on the 2.The acts or omissions of those acting on your project(other than service, maintenance or behalf; repairs)to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s)at the location of the covered the additional insured(s) at the location(s) operations has been completed; or designated above. 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use However: by any person or organization other than another 1. The insurance afforded to such additional contractor or subcontractor engaged in performing insured only applies to the extent permitted by operations for a principal as a pad of the same law; and project. 2. If coverage provided to the additional insured is required by a contract or agreement, the CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C.With-respect to the insurance afforded to these 2. Available under the applicable Limits of Insurance additional insureds,the following is added to shown in the Declarations; Section III-Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement,the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the ; amount of insurance: 'I.Required by the contract or agreement; or • CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER:SF25CGL257211lC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers. elected or appointed officials, employees, agents and volunteers • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s)shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for"bodily injury"or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work"at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1.The insurance afforded to such additional Insurance shown in the Declarations; whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Attachment Code:D55603I Master ID: 1391087,Certificate ID:22813486 Policy No.SF25CGL2572111C COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary: and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Attachment Code:D568415 Master ID: 1391087,Certificate ID:22813486 POLICY NUMBER:SF25CGL2572111C COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Attachment Code:D669896 Master ID: 1391087,Certificate ID:22813486 This End orsement Changes the Policy. Please Read It Carefully. WASHINGTON COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II -COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage,paragraph 1.Who Is An Insured: d.Any legally incorporated entity of which you own more than 50%of the voting stock on the effective date of this coverage part is an insured. • B.ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT The following is added to A. Coverage,paragraph 1.Who Is An Insured: e.Any person or organization, not otherwise identified as an"insured"in this coverage or by endorsement to this coverage,that you are required by written contract,written agreement or written permit to name as an"insured": However, • such person or organization is an"insured"only: (1) With respect to the operation, maintenance or use of a covered"auto";and (2) For"bodily injury"or"property damage"caused by an"accident"which takes place after: (a)You executed the written contract or written agreement; or (b)The permit has been issued to you. The insurance provided under item B. above applies on a primary basis if that is required by the written contract,written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract,written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations,whichever is less, C. EMPLOYEES AS INSUREDS The following is added to A. Coverage,paragraph 1.Who Is An Insured: f.Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: Includes copyrighted material of SCA 01 018(0718) Insurance Services Office.Inc.with Page 1 of 4 its permission. Attachment Code:D669896 Master ID: 1391087,Certificate ID:22813486 "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's"employment or while performing duties related to the conduct of your business. However,we will cover"bodily injury"caused by your"employee"to his or her fellow"employee"if the"bodily injury"results from the use of a covered"auto". 2.ADDITIONAL SUPPLEMENTARY PAYMENTS Section II-COVERED AUTOS LIABILITY COVERAGE,A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items(2)and(4)are deleted and replaced by the following: (2)Up to$5000 for the cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover.We do not have to furnish these bonds. (4)All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an"accident",claim, "suit"or"loss"you must give us or our authorized • representative prompt notice of the"accident"or"loss"when the"accident", claim, "suit"or"loss"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An"executive officer"or director if you are an organization other than a partnership,joint venture or limited liability company; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust;or (6) An"employee"designated by you to give us such a notice. This notice should include: (1)How,when and where the"accident"or"loss"occurred; (2)The"insured's"name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an"accident", claim,"suit"or"loss",solely due to your reasonable and documented belief that the"bodily injury"or"property damage"is not covered under this policy. • 4.WAIVER OF SUBROGATION The following is added to Section IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions, paragraph 5.Transfer of Rights of Recovery Against Other To Us: SCA 01 018(0718) Includes copyrighted material of Page 2 of 4 Insurance Services Office,Inc.with its permission. Attachment Code:D669896 Master ID: 1391087,Certificate ID:22813486 If the insured has waived those rights prior to the"accident"or"loss", our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV-BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy,provided such failure is not intentional and you report the failure to us as soon as practicable after its discovery. However,we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III-PHYSICAL DAMAGE COVERAGE,the following changes are made: A. WAIVER OF DEDUCTIBLE-GLASS REPAIR The following is added to D.Deductible: No deductible for a covered"auto"will apply to glass damage if the glass is repaired rather than replaced. B.ADDITIONAL TRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to$50 per day to a maximum of$1500 for temporary transportation expense incurred by you because of the total theft of a covered"auto"of the private passenger type.We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage.We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". C.ADDITIONAL LOSS OF USE EXPENSES A. Coverage,4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage,we will pay expenses for which an"insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement.We will pay for loss of use expenses if caused by: (1)Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered"auto"; (2)Specified Causes of Loss only if the Declarations indicates that Specified Causes of Loss Coverage is provided for any covered"auto";or (3)Collision only if the Declarations indicates that Collision Coverage is provided for any covered"auto". However,the most we will pay for any expenses for loss of use is$65 per day,to a maximum of$1500. SCA 01 018(0718) Includes copyrighted material of Page 3 of 4 insurance Services Office,Inc.with its permission. Attachment Code:D669896 Master ID: 1391087,Certificate ID:22813486 D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage,4.Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered"auto"from the place where it is recovered to its usual garaging place.The most we will pay for such expenses is$1000. This Coverage Extension does not apply if your business is selling, servicing or repairing"autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4.Coverage Extensions. In the event of a total theft of a covered"auto",we will pay for personal effects owned by an"insured"and in or on the covered"auto"at the time of"loss".The most we will pay for such personal effects is$500 per"loss". No deductibles apply to this Personal - Effects Coverage. F. AIRBAGS-ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental or unintended discharge of an airbag. The most we will pay for such"loss"is$1000.This coverage is excess over any other collectible insurance or warranty. G.VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total"loss"to a covered"auto"and in addition to the actual cash value of the covered"auto",we will pay up to$1000 to repair or replace vehicle wraps displayed on the"auto"at the time of"loss". The most we will pay under the Vehicle Wrap Coverage is$5000 for any one"loss", regardless of the number of covered "autos"deemed a total"loss". For the purpose of this coverage,vehicle wraps are full color, graphic images printed on vinyl film and attached to an"auto". 7.ADDITIONAL DEFINITIONS The following is added to Section V-DEFINITIONS: "Executive Officer"means a person holding any of the officer positions created by your charter,constitution, by-laws or any similar governing document. This endorsement forms a part of Policy Number: GAR30010712904 Effective Date:9/1/2025 Insured: Holland Holdings LLC SCA 01 018(0718) Includes copyrighted material of Page 4 of 4 Insurance Services Office,Inc.with its permission. Miscellaneous Attachment:M512954 Master ID: 1391087,Certificate ID:22813486 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: GWR30067023201 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule PARTIES WITH WHOM THE INSURED HAS ENTERED INTO A WRITTEN WAIVER AGREEMENT PRIOR TO THE DATE OF LOSS. • • • • • • • WC 00 0313 (Ed.4-84) 1983 National Council on Compensation Insurance. ��i��N11 .. CITY OF ,so Q�( •'.,ram RROR{i. = F= HUNTINGTON BEACH `CF'••. rr .......... <c eoUNT��;;i.. Lisa Lane Barnes I City Clerk December 23, 2025 Nash-Holland 18750 Delaware Investors, LLC do Holland Partner Group 808 Washington Street, Suite 500 Vancouver, WA 98660 Attn: Tom Warren Email: notices@hollandpartnesgroup.com Dear Mr. Warren, Attached for your records is an executed and recorded copy of the Landscape Maintenance License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC, a Delaware Limited Liability Company, to Provide Installation and Maintenance of Landscaping and Hardscaping in the Public Right-Of-Way, approved by the Huntington Beach City Council on December 16, 2025. Sincerely, *titoke,Airvir- Lisa Lane Barnes City Clerk • LLB:ds Enclosure / Office: (714)536—5227 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov 1‘‘'\cW Paxton Apartments 18750 Delaware Street c1N GleOlv Landsca a Maintenance License Agreement NN p g .••' 4/ IMk •CQRP0RA16 T'see • -7—-- _77_7 -7-7 ----7.-:- .0. 17 \ - //!'�'rr , � ` rlirn /rrjf,fart/2 z S Department of Public Works _ -�--— _ •; December 16, 2025 ... - ,. - "r0,77- '''',9it i % ----_ __ _---. -. „. _ . .,.: , ,.... .. 4,o, .. 0 ) **(b.cel• ' - Q 00... ° 1 - 0 <c 0 0 4% ••••• a/7, 1 90 .). ••• \ _____ 1, 4,..„., ;11vNT °\\°1/1 1529 BAC KG ROU N • Tentative Parcel Map No. 2022-022, was conditionally approved by the Director of Community Development on May 26, 2022. • This project involves consolidation of 4 existing parcels into one 4.02-acre parcel, and construction of a 5-story 346-unit apartment development with an onsite parking garage, onsite/offsite utility improvements, upgrades to existing curb, gutter sidewalk and driveway improvements along the site's frontages to comply with specifications of the Beach-Edinger Corridor Specific Plan. l0 * �1TiNG • Q`,•.•ocoPDRgrFp•.• \ 4 1530 IEII it____ ELLIS CATION , QEtLIS AVE. ll....., ELLIS AVE. D Er ct " ]=-......... W Ci n ' J I co I ` ij1 PROJECT SITE r CI V r 11 , F± s. ., A Tr cs o Q`••, c....1: _ \NCORPORArf�••.• 01:1,\ CO { ir i), 0 aAI\ 1 : c� (---1 1 w ,,_____ _ N II AVE. \\��G� i'''�8 1909 P�•'• I =couNTY o'i/r • 1531 NEED/WHY/ BENEFITS • Per the project's Conditions of Approval, the owner/developer is required to enter into a Landscape Maintenance License Agreement with the City for maintenance of hardscape and landscape improvements, along the project's frontages, in the public right-of-way. • This Agreement transfers the maintenance obligations of landscaping (and hardscape) improvements within the public right-of-way, from the City to the owner/developer of the property and satisfies the project's Conditions of Approval. 0/ � NT I N G T / �( �.•\NtpRPORAret;. •e \ %f W"111 ‘g.•:417777: _OuNT`l c l 1532 DETAILS • The project's scope of public improvements includes construction new curb, gutter and sidewalk along its Delaware Street and Florida Street frontages, street pavement resurfacing and new public utilities including water, sewer and storm drain facilities. • The License Agreement presented to the City Council has been reviewed and approved as-to-form by the City Attorney's office. •01/0 TING 0. 0C1JNT`l 0;1i' 1533 RECOMMENDATION • Approve and execute the Landscape Maintenance License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC to Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right-of-Way " AIINGT 0 'I/ %, 00RPaRATF•0 .400 11. • V. ks .111 ......Itny •• ,0% GO1NTY tjii'A 1534 rQuestions ? .r,ka ,,, ,,.. .rt ' I, 1 jI lif1 � . R r -�• ? '' 'Ii1l illi)'..4 li �Y Lr1 t ' I F 10"— '� ,. `.' .;— t--"'''''' . w 6 r^ � -1 Y. d ^ v '-' ,' '' 'r 0 y�1 Y � '' '' -41V til •e s.y • 1 1535