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HomeMy WebLinkAboutCARIBOU INDUSTRIES - HOLD HARMLESSFREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION'6r 2 "t ;`1& r When Recorded Mail to: City of Santa Ana 20 Civic Center Plaza Ross Annex, 2"0 Floor (M-20) Santa Ana, California 42702 Attn: Executive Director, Planning & Building N-2018-027 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FII S R 0 0 0 9 8 3 7 7 4 E 2018000055837 9:53 am 02116118 62413Al2 10 0,00 0.00 0.00 0.00 27.00 0.00 0.000.00 0.00 HOLD HARMLESS AGREEMENT (SOVENT COMBINED WASTE AND VENC SYSTEM) 888 N. MAIN STREET, SANTA ANA, CA (EIGHT, EIGHT, 8 ADAPTIVE REUSE PROJECT) RECITALS: A. This Hold Harmless Agreement ("Agreement") entered into this 13`x' day of February, 2018, by the City of Santa Ana, a charter city and municipal corporation ("City") and Caribou Industries, Inc, and Eastcom Corp. ("Owners") in response to the request to proceed with the adaptive re -use project at 888 N. Main Street ("Property"). The Property is more particularly described in Exhibit A, Legal Description, attached hereto and incorporated herein as Exhibit A. B. The Owners have applied and requested approval for the alternate design of using the combined waste and vent system called "SOVENT" to serve bathrooms and kitchens within the individual residential living units in the existing historical building undergoing a change of occupancy from office use to residential under the City of Santa Ana's ("City") adaptive reuse ordinance. The 2016 California Plumbing Code requires separate waste and vent piping systems. C. The Owners have reviewed the following hold harmless language detailing the risks with proceeding with this alternate design. The Owners have agreed that they will take any and all actions required by this Agreement and the correspondence drafted by the City for the use of Alternate Materials aux! Methods dated November 20, 2017, attached hereto and incorporated herein as Exhibit B. D. 'Illp Owners' notarized execution and recording of this Agreement will confirm acknowledgement and acceptance of these risks and waiver of any claims should any adverse impacts occur from the installation, operation, replacement, and maintenance of the alternate SOVENT systern. NOW THEREFORE, the City of'Santa Ana and the Owners agree as follows: A. WORK TO BE DONE: In order for the project to proceed., Owners will be required to submit the Alternate Materials and Methods application for the plumbing system at the Property. The required plumbing permits must be issued before commencement of any work. B. HOLD FIARMLESS: By signing this Hold Harmless Agreement, Caribou. Industries, Inc. and Eastcom Corp. (`Owners") commit to comply with the following: 1. Any and all fees submitted to the City for building permits or other required certificates or licenses necessary to proceed with the project at the subject Property will not be refunded based upon the use of the SOVENT system or as a result of the project not receiving approval from City agencies or City Council, 2. Owners agree to all provisions outlined in the approval letter (not yet issued) for the use of Alternate Materials and Methods required by the Plumbing Code (See Exhibit B). 3. Owners shall assume any and. all risks and liabilities relating to or resulting from the installation, replacement, operation and maintenance of the SOVENT system. 4. If City determines that there is a violation of applicable federal, state, or local laws or other requirements, or the terns and conditions of this Agreement, it may issue a cease and desist order. In such evert, Owners shall stop all work or operations immediately until any and all issues are addressed and corrected. If Owners dispute the City's determination, Owners agree to cease any and all work or operations until said issues can be resolved among the parties or upon a determination in a court of law upon tite filing of the appropriate application for judicial order. S. Owners shall defend, indemnify and hold. City, its officials, officers, employees, and agents free and harmless from any and all liability from loss or damage in any manner arising out of or incident to any acts, omissions, negligent or willful misconduct of Owners, their officers, employees, or agents arising out of or in connection with Owner's maintenance or construction of the work, or the operation of a business, or its performance under this Agreement. Further, Owners shall defend at their own expense, including attorneys' fees, City, its officials, officers, employees, and agents in any legal action based upon such acts, omissions or willful misconduct of Owners, resulting from or arising out of the installation, operation and maintenance of the SOVENT system. 6. Prior to issuance of a plumbing permit, this Hold Harmless Agreement shall be recorded with the County of Orange against the Property in perpetuity for the life of the building and shall be transferred to fixture owners in the event of change in ownership of the Property. N-2018-027 7. Liabilities due to construction, remediation, retrofit, repair, reconstruction, or replacement of the proposed system to current code approved plumbing systems in the event of failure causing a health hazard or nuisance shall be fully bore by the Owners or fixture owner(s) and shall be recorded against the Property for the life of the building. & This Hold Harmless Agreement extends to any costs, expenses, liabilities and damages arising as a result of Owners construction, replacement, maintenance and operation of the SOVENT system. C. EXECUTION & RECORDING: Owners shall sign the Notarized Statement on the following page, record the entire Hold Harmless Agreement (SOVENT System) with the County Recorder's Office and return a conformed copy of the recorded Agreement to the City. D. NOTARIZED STATEMENTIRELEASE: Owners and City understand and expressly agree that this Hold Harmless Agreement (SOVENT System) extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE M AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR, In'" is E. GENERAL PROVISIONS. 1. None of the terms, provisions, or conditions of•this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members ofany joint enterprise. 2. Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless fiom liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owners or those of their contractor(s), subcontractor, agenda, employee, or other person acting on their behalf which relates to the use, operation, and maintenance of the Property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owners' activities in connection with the Property. 3. This hold harmless provision applies to all damages and claims for damages suffered, or alleges[ to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Property. 4. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Property, whether by operation of law on in any manner whatsoever. 5. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 6. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby, 7. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. F. EFFECTIVE DATE: This Agreement shall be effective on the day and year first written above. (Signature page /bllows; rd N-2018-027 IN WITNESS WHEREOF, the Parties hereto have executed this Hold Harmless Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council OWNERS: ___ �_ "AicLwel ��v✓�� Carib' i Industries, Inc. Eastcom Corp. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney fay: Lisa Storck Assistant City Attorney 5 CITY OF SANTA ANA r� I 4Ratodinez I City Marna ,er CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californ"5,} County of ~ J} On15,before me, Date ! Here Insert personally appeared Name(s) of ' who proved to me on the basis of satisfactory evidence to be the person(ai'whose nah to the within instrument and acknowledged to me that he/sjpelt ie4executed the same authorized capacityDe,, and that by hlslberlfhe�slgnatureoron the instrument the per upon behalf of which the perso�ected, executed the instrument. MIGUEL PALACIO5 N COMM. It 2084036 NOTARY PUBLIC CALIFORNIA, 3 ORANGE COUNTY My comm. ex "res Oct. 7, 2018 C Ploce Notary Seal and/or Stomp Above subscribed entity 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 Ignature of Notary Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached C Title or Type of Document: Document Date:,,.,.,1__ / Signer(s) Other Than Named Above:-- ------ _.......... Capacity(les) Claimed by Signer(s) SIgL�r's Name: .0 Corporate Officer,— Title(s): 0 Partner— CI Limited ❑ General 0 Individual Ct Attorney In Fact O Trustee ❑ Guardian of Conservator o Other: Signer Is Representing: _.- 02017 National Notary Association Number of Pages: Signer's Name: C3 Corporate Officer — Title(s): © Partner— 0 Limited © General ❑ Individual ❑ Attorney in Pact O Trustee O Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California _ County of Orange On 15 r Y before me, Michael A. Rojano (insert name and title of the officer) Personally appeared Raul Godinez th who proved to me on e basis of satisfactory evidence to be the person(s) -whose 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 Californ`q;;0PP the foregoing paragraph is true and correct. A. �Qteo 'L`� p.Y F 4F94'G WITNESS my hand and official seal.. U c'14, 0 Signature (Seal) ��rR�A,- CO tig "V'VGE _ _ �9's d,liG: X31 A ;°-a:dV is iP�PIC4D,lC-: P.I[3GR5 � Damq 3rarta•;uJta; d,CL'n I(d 5dn'n:an 6c ll'i5n j0i!)n0 >?II rinaClO Juan �/III2q,as Novembers 20, 2017 Mr. William Beaubeaux CARIBOU INDUSTRIES t 103 North Broadway Santa Ana, Ca, 93701 1,," CITY OF SANTA ASIA PLANNING & BUILDING AGENCY ,m civir- Cemer Plaza P.C. igox I )88 .:ianra Ana. Callfpnvl 9:?%102 www.aama-ana.or9 Pba iaermYlp a,LYW?I' ': �"i 1 T'TpftPiE+ -Sonia R. C,Malho rl.ERo< OF THE COUNCIL ill;i07 D I-4u>ar Reference: Alternate design application to allow the use of a "SOVFNT" combined waste and vent system at 888 North Main St. Dear Mr. Beaubeaux: This letter is in response to your application where you requested the use of an. alternate design at the above referenced project. The 2016 California Plumbing Code requires a separate waste and vent piping systems. You requested approval for the use of a combined waste and vent system called " SOVENT" to serve the bathrooms and the kitchens within the rei idertual living units in the existing historical building undergoing a change of occupancy Iiom office use to residential under the adaptive reuse ordinance. Section 1.2.2 of the California Plumbing Code, authorizes the building official to grant approval for the use of an alternate material design or construction method when the building official determines that the proposed alternate material, design or construction method is at least equivalent to the standard prescribed in the regulation in terms of suitability, quality, strength, effectiveness, durability, safety and sanitation, kidilionally, the California Plumbing Code requires that sufficient evidence has been submitted to substantiate the use of any proposed alternate material, design, or construction method. Your submitted application and supporting documents proposes tine use of the SOVENT system on till existing high-rise historical office building being converted into residential occupancy to he used as such: a) The SOVENT system uses proprietary aerator and deacrator tittings to connect a single ccanibined soil and vent pipe in a common riser that eliminate the need For a separate vent pipe. hl The system will be used in vertical waste stacks for water closets, lavatories. bathtubs. showers and kitchen sinks. C The Soaent system will not be connected to clothes washers, We have carefully reviewed the applicable provisions of the 2016 C'ald'onsia Plumbing Code, as well as Che submitted documentations, and hereby grant approval for requested use of a Sovent system. C'cnnbinec( waste vent Sovent system has been in use for several years in many US cities and it has demonstrated reliable performance wiCl2 no loss of trap of Heal or unusual blockages. In addition, the building is historical and Che use of the Sovent system reduces the number or penetrations to be made in the eeiating slab and wall,. This approval of the use of the Sovent system is subject to the following condition,. 1. The plumbing system shall be designed by a California registered Mechanical Engineer, 3 The NT chanical Engineer ut responsible charge of the project shall perform field observations during construction and will certify to the Building official in writing the completion of the project that the Sovent system was installed per the intended design and based on the approved plans. �. Building maintenance personnel will be trained by tlse plumbing contractor on the maintenance and operation of tite proprietary system. =6.Ahold harmless agreement executed by the property owner and applicable to any Vature owners and users of the building to the satisfaction of the City of Santa shall be recorded in the Country recorder's office. 5. Third Party inspecticnt to be provided as per section 1.704 of tile California Building Code. ermanently incorporated and pasted on the construction A Dopy or thio approval letter shall be p plans.