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HomeMy WebLinkAboutLEGADO AT THE MET OFFICIAL BUSINESS Document entitled to free Recording per Government Code Section 6103 Recording Requested By and When Recorded Mail To: City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 F.6 2 0 2015 SPACE ABOVE LINE FOR RECORDING USE a %'��C3� Return FULLY EXECUTED N-2025-028 (��s'�^Cu' Copy to City Clerk, M 30 TEMPORARY LICENSE AGREEMENT (TIE-BACK) THIS TEMPORARY LICENSE AGREEMENT (Tie-Back) ("Agreement") is made on this day of P>>voa Ny t , 2020by and between the CITY OF SANTA ANA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter ("City"), and Legado at the MET ("Developer"). RECITALS A. Developer is the owner of that certain real property located in the City of Santa Ana, commonly known as 200 E. First American Way, Santa Ana, California, and more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Development Property"). B. City is the owner of certain real property, commonly known as MacArthur Place and First American Way, located immediately to the west and north of the Development Property as depicted in Exhibit B attached hereto and incorporated herein by reference. MacArthur Place and First American Way sometimes hereinafter referred to collectively as the "Tie-back Parcels." C. Developer plans to construct an 8-story residential building consisting 278 units in a 5-story Type III wood framed structure over 4 levels of Type 1 concrete structure. ("Project") on the Development Property. D. In conjunction with the development of this Project, Developer proposes to install a temporary tie-back anchor system and other foundation forms and supports per City approved plans (collectively referred to as, "Tie-Back Anchor System")which will extend below the surface of the Tie-back Parcels in the areas depicted in the shoring plans for the Project on file with the City ("Tie-back License Area"). The Tie-back License Area is depicted in Exhibit B hereto. E. City and Developer desire to enter into this Agreement in order to set forth the terms and conditions pursuant to which Developer and its representatives shall be permitted to install the Tie-Back Anchor System in the Tie-back License Area. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by this reference. 2 Grant of Temporary License. City hereby grants to Developer a temporary license to perform subsurface excavation in the Tie-back License Area to install a Tie-Back Anchor System in the Tie-back License Area, and to take all reasonable and usual actions necessary in 1 connection therewith. Any excavation and installation shall be at the sole cost, liability and expense of Developer and its agents, employees and independent contractors and shall conform to the drawings approved in conjunction with the issuance by the City of the building permit for the Project. The Tie-Back Anchor System and all other installations made by Developer in the Tie- back License Area in connection with the Project shall 1) have all tension removed (in compliance with Section 4 below) prior to the issuance of a Certificate of Occupancy; and 2) be safely removable by the Developer after completion of the Project without affecting or compromising the Project in the event that City (or other third-party)decide to improve or change the use of the Tie- back Parcels at some future date. a Indemnification; Hold Harmless. Developer shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees, from and against any and all losses, damages, liability, claims, suits,judgments, costs and expenses, whatsoever, including reasonable attorneys' fees, arising from or in any manner connected to: (i) alterations and improvements in the Tie-back License Area and adjacent Development Property, including but not limited to, all excavation, tie-back installation, tie-back removal and related activities performed by Developer, its agents, employees and independent contractors; (ii)the condition and use of the Tie-back License Area; (Hi)the construction of the Project; (iv) City's reliance on the "as- built" drawings furnished by Developer for the Project; and (v) any negligent or willful acts or omissions of Developer, its agents, employees, independent contractors and invitees, whether such acts or omissions occur in the Tie-back License Area or outside the Tie-back License Area, including, but not limited to, acts or omissions on the adjacent Development Property. This indemnity obligation shall survive termination of this Agreement. 4. Removal and Ownership of Tie-backs. Before the issuance of a Certificate of Occupancy, Developer shall remove all soldier beams to a depth of five (5)feet below the existing surface grade of the Tie-back License Area, including all appurtenant shoring materials located within the five (5) foot area. (Note: With the exception of the Tie-Rods, the rest of the shoring system is located within Developer's private property.) Developer shall de-tension all tie-back rods to a minimum depth of fifteen (15) feet below the existing surface grade of the Tie-back License Area. Developer shall submit a letter of certification, stamped and signed by a Structural Engineer certifying that the Tie-Back Anchor System has been de-tensioned. With the exception of these requirements, Developer shall not be obligated to remove the Tie-Back Anchor System or any other materials installed in the Tie-back License Area pursuant to this Agreement. However, once the tie-backs have been de-tensioned, if the City undertakes a project located in the Tie-back License Area, Developer agrees to remove, at Developer's sole cost and expense, all portions of the Tie-Back Anchor System and underpinnings or any other related materials installed in the Tie- back License Area to the extent deemed necessary by the City. Such removal shall occur in a time frame that allows the City project to proceed as scheduled, provided that the City shall provide Developer with sufficient notice of the need for such removal. This obligation shall service termination of this Agreement. 5. Access to Install Tie-backs. Developer shall not interfere with the public's use of the surface of the Tie-back License Area without first obtaining all necessary licenses, permits, and entitlements as required by applicable federal, state, and local law, including a "Use of Public Property" permit issued by the City. Developer hereby warrants that its agents, employees and independent contractors shall limit their entry upon the Tie-back License Area to those instances where the activities requiring entry may not reasonably be performed exclusively on the Development Property. Developer further warrants that at no time shall the activities contemplated under this Agreement impair normal ingress or egress to the surface of the Tie-back License Area. 6. Protection of Lateral and Subjacent Support. In connection with the construction of the Tie-Back Anchor System, Developer or its designees shall undertake all measures necessary to prevent loss of lateral and/or subjacent support to the Tie-back License Area or Tie Back Parcels. Grantee covenants (i) that it will not carry out the installation of any improvements, or 2 otherwise excavate or perform any other construction on the Tie-back License Area or Tie Back Parcels in a manner that will adversely impact the structural support and integrity of any of the City's improvements and (ii) that all Project improvements shall be designed on a stand-alone basis and shall not rely on the Tie-Back Anchor System or any other improvements located on the Tie Back Parcels. 7. Timing to Install Tie-backs. All work and entry upon or over the Tie-back License Area shall be done under the supervision of Developer. Developer anticipates that the work contemplated by this Agreement for the installation of the Tie-Back Anchor System shall be completed within one year of this Agreement. The time periods set forth in this Section are estimates only. Developer's failure to complete the work described in Section 4 shall in no way whatsoever adversely affect City's and/or Developer's rights and obligations as indicated and granted pursuant to this Agreement. a "As-Built" Drawings. Prior to issuance of a Certificate of Occupancy, Developer shall provide City with "as-built" drawings indicating the actual installed location of the Tie-Back Anchor System and all subterranean encroachments into the Tie-back License Area arising from the work performed under this Agreement. Developer hereby warrants that City may rely on the "as-built" drawings for any future construction that City(or others)may undertake within the Tie-back License Area. 9. Repair and Restoration. If at any time, any ground instability occurs as a result of the Developer's use of the Tie-back License Area, Developer shall, at its sole cost and expense, perform any and all such work as may be necessary to repair or remedy such instability to City's satisfaction. This obligation shall survive termination of this Agreement. 10. Nature of Shoring Licenses. The licenses and permissions granted herein shall commence upon execution of this Agreement and shall continue until the de-tension of the Tie- Back Anchor System is complete in compliance with Section 4 of this Agreement. These licenses and permissions shall not constitute, in any event, an easement or encumbrance against the Tie- back License Area. 11. License Fee. Developer agrees to pay the City a one-time fee in the amount of$5,000 concurrently with the execution of this Agreement to cover the City's plan review and administrative costs to issue and administer this Agreement. The City hereby acknowledges and agrees that no other or separate fee shall be paid to City in connection with this Agreement. 12 Performance Deposit. Within ten (10) days of execution of this Agreement, Developer shall furnish a security, acceptable to the City (e.g. cash or cashier's check), in the amount of twenty-five thousand dollars($25,000)("Performance Deposit")to the City. In the event Developer shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may draw upon the Performance Deposit and use such funds to complete the Developer's obligations outlined in this Agreement. Developer shall be responsible for all costs and expenses incurred by the City that exceed the amount of the Performance Deposit. The price charged by the City in performance of Developer's obligations shall be sufficient to reimburse the City for performing such services for the full cost thereof, including labor, material, equipment costs or rentals and a reasonable allowance for overhead. The Performance Deposit shall be returned to the Developer only upon Developer's performance as required by this Agreement and the submission and approval of"as-built" plans. 13 Relationship of Parties. It is understood that the contractual relationship between City, on one part, and Developer, on the other part, is such that the Developer is an independent contractor and not the agent of City. 14. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled 3 to reasonable attorneys' fees and costs from the losing party. 15. Notices. All written notices and demands of any kind which any party may be required or may desire to serve on the other in connection with this Agreement may be served as an alternative to personal service by registered or certified mail. Any such notice or demands served by registered or certified mail shall be deposited in the United States mail with postage thereon fully prepaid, addressed to the party to be served and delivered to the party if not by personal service, as follows: If to Developer: Legado at the MET 121 South Beverly Dr. Beverly Hills, CA 90212 If to City: City Manager City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 With a copy to: City Attorney City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Service of any notice or demand made by mail shall be deemed complete on the date of actual delivery as shown by the addressee's certified or registered receipt or upon the expiration of the second day after the date of mailing, whichever is earlier in time. Any party hereto may, from time to time by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed. 16. Waivers.Waiver by any party hereto of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or different character. 17. Other Agreements. This Agreement does not in any way affect the terms or validity of other agreements between the City, on the one part, and Developer, on the other part. la Assignment. This Agreement shall not be severable from Developer's interest in the Development Property. This Agreement and the covenants, conditions and restrictions contained herein shall run with the land and shall burden the Development Property for the benefit of the City and shall bind Developer and its heirs, successors and assigns and every successor-in-interest of the Development Property. Any transfer of the Development Property shall automatically operate to transfer the benefits and burdens of this Agreement. Developer may freely sell, transfer, exchange or otherwise dispose of its interests in the Development Property with prior written notice to the City of any such transfer. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in Orange County, State of California. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date 4 herein first above written in the City of Santa Ana. CITY: CITY OF SANTA ANA, ATTEST: a Municipal Cor oration By: Jenniferl. Hall Alvaro Nunez Ci - 1 City Manager APPROVED AS TO FORM: SONIA CARVALHO City Attorney IV.A i Melissa M. Crosthwaite Senior Assistant City Attorney DEVELOPER: LEGADO AT THE MET LLC By: 444 EDWARD C KER Manager 5 NOTARIAL ACKNOWLEDGEMENT FOR EDWARD CZUKER 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 l-DS A&) C9- LE- S On -Ativ A { , ZO , before me, C� cZ- .\( 110 kt t � L u ( / a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose name(ef is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttb3eir authorized capacity(js), and that by his/Ilf/their signature(.]on the instrument the person(.), or the entity upon behalf of which the personas) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4 ~f GARY THOMAS LUBIN � Notary Public- g ,;����fs ; California _ _ Los Angeles County T„ Commission#2359177 �C•f00.M My Comm.Expires May 26,2025 r 6 NOTARIAL ACKNOWLEDGEMENT FOR RICK COLE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, a Notary Public, personally appeared 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. WITNESS my hand and official seal. Signature (Seal) 7 EXHIBIT A TIE-BACK LICENSE AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 2017-157, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 411, PAGES 45 THROUGH 48, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 411-074-16 8 EXHIBIT B TIE-BACK LICENSE AGREEMENT TIE-BACK PARCELS AND TIE-BACK LICENSE AREA ATTACHED AS: SHEET 01 -EXHIBIT B-1 9 EXHIBIT B-1 Ili !g- i p e j •, .G '` _MOW 11 l / is 1' gq ' t _MAC4RTHUR PL. . / ill.u ;0 �--- ii H r ESf i 1 1 . /f.../ ii!V:1! •-:.....• it ls! 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'i j�-ill 1 . - 1 I I r..N, I I 9I -- I I ----- . f1 �', i 1 5� iI� I `� ! �� ' Imo` �,.. !}�' I-I -I i W ;q; ; - ,. -- 1 ;,1 I I i )' (• ..__.- -- •-._.. - j i s I : If 1 ,14 j ,Iii Ilk M 1 r - /- ram,- -__��/,a At k'aat,,1111[11,_ - .. E,• 't sa ill [? ' ILI 'A ^I v € • r' :i I 511: ' a 9 • ° Il ' 8 'y 1l / I i � j; D 5 + a s r 1 1 •'1 f / i " r i�i I I / • I -r - T. 't° ‘ c - __ "" I g oICc -° - m Leg ado at The Met -- — — g :=.°d.. r— (i) { a wArs E.a Cm- -1 oaroerM�°wm sm°A�.cAnros Lodo at the MET LLC cln � Yiit Eai >_ I ► ig ....-_.N ..11:1- - 1 MEMORANDUM MCT# 73770 TO: Finance&Management Services Agency > Monday,January 27,2025 FROM: Public Works Agency Qaucation 1st SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT NAME: Legado at The Met-Parking Reduction MASTER ID#2022-172881 PROJECT ADDRESS: 200 E First American Way,Santa Ana,CA 92707-5901 AP#411-074-03 Application# Permit# S0106043 ISSUED TO: Isaac Eun Legado at the Met Deposit refunds to be sent to the 'Issued to Address' on left. Please advise Development Engineering of address changes. ADDRESS: 121 Beverly Dr Beverly Hills,CA 90212 ITEM DESCRIPTION CITY UNIT RATE AMOUNT FUND NO. 1 Deposit-Refundable(Work Performance&Payment) 1.0000 Ea $5,000,00 $5,000.00 05301001 24019 TOTAL MCI AMOUNT: $6,000.00 Comments: Issued By: Sarlak,Behrooz(Public Works Agency) NOTES: 1.The"Street Work Permit/In Addition to Other Fees"is GL Account# Total non-refundable. 05301001 24019 $5,000.00 2, Construction is to be completed within 12 months of the permit date,otherwise the City will transfer the refundable deposit to a non-refundable account. 3. Deposits can be refunded only to the name/entity specified on the MCT"ISSUED TO"field above. Page 2 of 3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of °rar�2 1 On February (CC( 2025 before me, Eveli n Lbotrrn No t1rr Public Date Here Insert Name and Title of the Officer personally appeared Ai v rD N u an. Name(s)of Signer(s) 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 ,.,� EVELYN ISARRA paragraph is true and correct. ATM:_ Notary public•CallforMa �y� Orange County 'r Commission d 24E9063 ( WITNESS my hand and official seal. fitu,y i ,-.. µy Comm.o .Expires µay 3,202b Signature g Place Notary Seal and/or Stamp Above Si at e of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— 0 Limited ❑ General 0 Partner— 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association