HomeMy WebLinkAboutC-10095-1 - Temporary License Agreement for Temporary Use of City Property (Big Canyon Park)TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE BLUFFS HOMEOWNERS' COMMUNITY ASSOCIATION
FOR TEMPORARY USE OF CITY PROPERTY
THIS TEMPORARY LICENSE AGREEMENT FOR TEMPORARY USE OF CITY
PROPERTY ("License Agreement") is made and entered into as of this day of
M ih P C r1 , 2026 ("Effective Date"), by and between the City of Newport Beach,
a California municipal corporation and charter city ("City" or "Licensor" or), and The Bluffs
Homeowners' Community Association, a California common interest development and
nonprofit organization ("Licensee"), with City and Licensee individually referred to as
"Party" and collectively as "Parties," and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. The City is the owner of that certain real property located below the slope
descending from 635 and 637 Vista Bonita, also known as Big Canyon Park, situated in the
City of Newport Beach, County of Orange, State of California, Assessor's Parcel Numbers
440-092-76, 440-132-37, 440-092-77, and 440-092-79, and legally described and depicted
in the attached Exhibit "A," incorporated herein by this reference ("City Property").
C. Licensee is the owner of that certain real property located adjacent to the City
Property, situated in the City of Newport Beach, County of Orange, State of California,
Assessor's Parcel Number 440-121-05 and legally described and depicted in the attached
Exhibit "B," incorporated herein by this reference ("Licensee's Property").
D. Licensee is constructing improvements on Licensee's Property and City's
Property to repair a slope failure, as depicted on Exhibit "C," attached hereto and
incorporated herein by this reference ("Work"), and requests to use a certain portion of City
Property as a temporary construction staging yard for the storage and staging of materials
and equipment, as well as for the site preparation, excavation, grading, installation of a
keyway backdrain, and a geogrid reinforced slope extending into and under that certain
portion of City Property, as depicted on Exhibit "D," attached hereto and incorporated herein
by this reference ("License Area").
E. Licensee shall access the License Area by utilizing the driveways from the
Licensee's Property and the trails within City's Big Canyon Park as designated in green and
Licensee shall avoid and not enter any areas designated in orange or red on Exhibit "E,"
attached hereto and incorporated herein by this reference ("Access Paths").
F. City Council Policy F-7 provides that the City may allow its property to
generate revenue or as a means to accommodate otherwise financially infeasible uses and
facilities to benefit the community. City would like to allow Licensee to use the License Area
and assist Licensee to complete the Work.
G. In consideration of the mutual promises and obligations contained in this
License, the receipt and sufficiency of which is hereby acknowledged, City desires to grant
to Licensee the revocable right to temporarily occupy and use the License Area, subject to
the terms and conditions of this License Agreement, and Licensee accepts the same on the
following terms and conditions.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
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City grants a non-exclusive revocable license ("License") to Licensee for the term
of this License Agreement to use and access the License Area for temporary construction
storage and staging, as well as for the site preparation, excavation, grading, installation
of a keyway backdrain, and a geogrid reinforced slope during construction of the Work.
The License Area is approximately two thousand seven hundred and five square feet
(2,705ft2). The License granted herein is subject to the terms, covenants and conditions
hereinafter set forth, and Licensee covenants, as a material part of the consideration for
this License, to keep and perform each and every term, covenant and condition of this
License Agreement.
2. TERM
The term of this License Agreement shall commence on the Effective Date, and
continue for ninety (90) consecutive calendar days, unless terminated earlier as set forth
herein.
3. RENEWAL
The City may renew this License Agreement for up to two (2) additional terms of
ninety (90) calendar day if City determines, in its sole and absolute discretion: (i) Licensee
is in compliance with the terms of this License Agreement; (ii) the License Area remains
necessary for the Work; and, (iii) use by Licensee is not causing any negative impact on
traffic circulation, parking, or surrounding properties and uses. All renewals approved
pursuant to this Section must be in writing and approved as to form by the City Attorney.
4. LICENSE FEE
4.1 Licensee shall pay the City Nine Hundred Forty Six Dollars and 75/100
($946.75) per month ("License Fee") which amount shall be due and
payable on the first of each month (the "Due Date") commencing on the
Effective Date. License Fees for any partial month shall be prorated in
accordance with the actual number of days in that month and shall be due
on the first day of that month that falls within the Term.
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4.2 Annually, upon each successive anniversary date of the Effective Date
("Adjustment Date"), the License Fee shall be adjusted to reflect the increases in the cost
of living as indicated by the Consumer Price Index described below. The License Fee
may be adjusted if the Consumer Price Index for the Los Angeles — Long Beach —
Anaheim Area, All Urban Consumers, All Items ("Index"), as published by the United
States Department of Labor, Bureau of Labor Statistics ("Bureau"), increases over the
Base Period Index. The initial "Base Period Index" shall be the Index for the calendar
month which is four (4) months prior to the month of the Effective Date's annual
anniversary. The initial Base Period Index shall be compared with the Index for the same
calendar month for each subsequent year ("Comparison Index"). The Comparison Index
used for a given year's adjustment calculation will become the Base Period Index for
purposes of the next annual License Fee adjustment calculation. If the Comparison Index
is higher than the Base Period Index, then the License Fee for the next year shall be
increased by the amount of such percentage change. Should the Bureau discontinue the
publication of the above Index, or publish same less frequently, or alter same in some
other manner, then the Parties shall adopt a substitute Index or substitute procedure
which reasonably reflects and monitors consumer prices. In no event shall the License
Fee be less than the License Fee in effect immediately prior to the Adjustment Date.
5. PERMITS AND LICENSES
Licensee, at its sole expense, shall obtain and maintain during the term of this
License Agreement, all appropriate permits, licenses and certificates that may be required
by any governmental agency including City.
6. USE OF LICENSE AREA
6.1 Licensee's use of the License Area shall be limited to the terms of this
License Agreement, and any and all covenants or restrictions now in effect, or which may
become applicable to the License Area.
6.2 Licensee shall enclose the License Area with barriers such as walls, fences,
and/or gates, subject to the satisfaction of the City, for safety, aesthetics, to prevent
unauthorized persons from accessing the License Area, or for other reasons expressed
by the City. The City reserves the right to require additional barriers or specific safety
measures at any time during the Term. All such enclosures and measures shall be at the
Licensee's sole expense.
6.3 Licensee may utilize the License Area for access by construction workers,
temporary placement and use of fence and landscape installation, removal of excavated
fill (including but not limited to soil, rock, vegetation, and other organic material),
corrective grading, staging of materials, safely stored, and installation of a keyway
backdrain and a geogrid reinforced slope, as further conditioned herein.
6.4 Storage of construction materials is expressly prohibited outside of the
fenced area. Any temporary stockpiling of materials is prohibited unless such materials
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are stored on raised mobile platforms, pallets or other protective barriers to prevent spills
or spread of materials.
6.5 Licensee agrees to use the License Area only for the activities described in
this License Agreement, and shall not create or construct any improvements to the
License Area, use the License Area, or for any other purpose without first obtaining the
prior written consent of City, which consent may be withheld in City's sole and absolute
discretion.
6.6 Licensee shall not disturb any utilities located on, over, or under the License
Area, which serve the City Property.
6.7 Licensee shall have a soils technician on site at the License Area whenever
any soil compaction is being performed by the Licensee, its contractors, or
subcontractors.
6.8 Installation of Keyway Backdrain and Geogrid Reinforced Slope.
Licensee may install up to one (1) keyway backdrain under and within the
License Area, and a geogrid reinforced slope within the License Area to assist Licensee's
efficient completion of the Work. The keyway backdrain shall be installed at a depth of
approximately 7 feet (7') deep at the back of the keyway backcut and the drain outlet will
daylight to the slope face within City Property.. Licensee may install a geogrid reinforced
slope with a footprint area of approximately one hundred ninety three (193) square feet
and the depth will range from approximately six feet (6') deep to less than one foot (1')
deep where it daylights to the slope. Upon completion of Licensee's construction of the
keyway backdrain and geogrid reinforced slope within the Work, Licensee shall:
a. Remove all construction fencing, equipment staging, and materials
storage;
b. Following the completion of grading, Consultant shall clean up the
staging area and return it to its original condition;
c. Any materials and keyway backdrain left in place within the License Area
must be documented on As -Built Drawings provided to the City.. Upon
the expiration or termination of this License Agreement, Licensee shall
have no ownership or other possessory interest whatsoever in any
materials and geogrid layers and keyway drain that remain within the
License Area ; and
d. Licensee's soils technician shall prepare and provide City with a report
of all soil compaction work performed at and around the License Area.
6.8.1 Licensee shall submit a formal letter and As -Built plan exhibits to the City
(at the address for Notice provided herein) documenting the exact number and location
of all geogrid layers and keyway drains installed
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6.9 Prior to commencing the Work, the Licensed Area shall be temporarily
fenced and screened on all sides for the duration of the Work by Licensee. The height of
fence shall be six (6) feet, and fence material shall be chain link metal fence overlaid on
the exterior with an opaque vinyl screen, or other equivalent fencing and screening
material as approved by the City.
6.10 Licensee shall place legible warning signs on or about the License Area
visible to at any public right-of-way in a manner required by federal, state or local law,
that includes Licensee's contact information, including a 24-hour emergency phone
number.
6.11 Licensee shall not commit or permit the commission of any waste or
hazardous substances on the License Area. Licensee shall not maintain, commit, or
permit any nuisance on the License Area, as defined in the California Civil Code, and
shall comply with any and all noise and nuisance requirements as defined by any
applicable federal, state and local laws and regulations. License shall not use or permit
the use of the License Area for any unlawful purpose.
6.12 Licensee shall access the License Area through existing entryway(s) and
shall not create any other entry or exit to the License Area.
6.13 Licensee shall keep the License Area free from hazards or risk to the public
health, safety or welfare.
6.14 Licensee's access to and use of the License Area for any reason, including
pre -operational and/or post -operational activities, shall be strictly limited to the hours
between 7:00 a.m. and 6:00 p.m. on non -holiday weekdays, or as otherwise authorized
by any approved permit or permits issued by City.
6.15 Except as provided under this License Agreement, Licensee shall not make
or permit to be made any alterations, additions, improvements to the License Area, install
lighting, equipment, signs, lettering or advertising media of any type or any other visual
displays, on or about the License Area without the prior written consent of City.
Notwithstanding the foregoing, Licensee shall place all required construction notices and
warning signs on or about the License Area in the manner required by Federal, State or
local law.
7. MAINTENANCE
7.1 Licensee shall, at its sole cost and expense, maintain the License Area in
strict accordance with the terms set forth under this Section, including, but not limited to,
the following:
7.1.1 Licensee shall be liable and responsible for the security, protection,
repair and maintenance of the License Area for such time as this License is in effect,
including Licensee's personal property and equipment. Licensee shall exercise all
necessary precautions for opening, closing, and securing the License Area each day.
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7.1.2 Licensee shall use care to protect the License Area and restore it to
its original condition, including but not limited to, backfilling any areas disturbed by the
removal of temporary caissons, and the removal of tie -backs as required by this License
Agreement, to the satisfaction of the City when the License Area is not in use by Licensee.
7.1.3 Licensee shall take good care of and keep the License Area neat
and clean at all times. Further, Licensee shall be responsible for maintenance of the
License Area including, but not limited to, the routine removal of foreign material, waste,
and debris. Licensee's obligation to maintain the License Area shall include a regular
preventative maintenance program, together with routine repairs caused by normal wear
and tear, to be provided by a licensed service company acceptable to City. Licensee
shall obtain all required building permits necessary for such repair. Should Licensee fail
to commence required maintenance or repairs, or cleaning of the License Area to a
condition satisfactory to City, within three (3) business days after receipt of notice to do
so, City may perform such work or have such work performed by others and Licensee
shall immediately reimburse City for all direct and indirect costs associated with such work
upon receipt of an invoice for such costs. Graffiti shall immediately be called in to the
City's Graffiti Hotline for removal.
7.2 Licensee shall use care to protect the License Area and restore it to its
original condition to the satisfaction of the City when the License Area is not in use by
Licensee.
8. PREVAILING WAGE
8.1 If any of the Work contemplated under this License Agreement is considered
a "public work", pursuant to the applicable provisions of the Labor Code of the State of
California, including but not limited to Section 1720 et seq., not less than the general
prevailing rate of per diem wages including legal holidays and overtime Work for each
craft or type of workman shall be paid to all workmen employed on such. In accordance
with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations
has ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Licensee is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Licensee, its contractor or any subcontractor
under him/her to comply with all State of California labor laws, rules and regulations and
the parties agree that the City shall not be liable for any violation thereof.
8.2 In such event, Licensee shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with federal or state labor laws.
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9. EMERGENCY
9.1 Licensee understands the License Area is located on public property and
emergency situations may develop from time -to -time that require access to the License
Area to be immediately stopped and thereby interfere or temporarily terminate Licensee's
use of the License Area. Licensee agrees that, if such a situation occurs, City shall have
the right to immediately restrict access to the License Area and any equipment or
materials located on the License Area for the duration of the emergency. Licensee agrees
not to hold City responsible or liable for and shall protect, defend, indemnify and hold City
harmless for any damage, loss, claim or liability of any nature suffered as a result of the
loss of the use of the License Area.
9.2 Unless otherwise specifically provided in a notice of termination of this
License, City's exercise of the right to restrict access to the License Area is not intended
to constitute a termination of this License Agreement or the License by either Party and
such event is a risk accepted by Licensee. Licensee and City shall meet after the City
determines that an emergency situation has ended to establish the time and manner in
which access shall be restored. City shall have the right to reasonably determine what
constitutes an "emergency situation" pursuant to this Section.
10. ADMINISTRATION
This License Agreement will be administered by the Community Development
Department. The Community Development Director or his/her designee shall be the
Project Administrator and shall have the authority to act for City under this License. The
Project Administrator or his/her authorized representative shall represent City in all
matters pertaining to this License.
11. CITY INSPECTION
11.1 City shall be entitled, at any time, to inspect the License Area for compliance
with the terms of this License Agreement, and with all applicable federal, state and local
laws and regulations.
11.2 City and its authorized City representative(s) may, without prior notice to
Licensee, enter upon and inspect the License Area for any lawful purpose, provided that
City shall use commercially reasonable efforts to not interfere with Licensee's operation
and/or use of the License Area in performing any such entry, inspection, and/or shared
use of the License Area. In case of emergency, City or its authorized City
representative(s) may enter the License Area by whatever force reasonably necessary if
Licensee is not present to open and permit entry. Any entry to the License Area by City
under this License Agreement shall not be construed as a forcible or unlawful entry into,
or a detainer of, the License Area, or an eviction of Licensee from the License Area or
any portion thereof. Any damage caused to the License Area pursuant to this Section by
the City shall be repaired or replaced by the City or City's authorized representative(s) at
its sole expense.
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12. NO INTEREST IN PROPERTY
Nothing herein shall be deemed to create a lease, or easement of any property
right, or to grant any, possessory or other interest in the License Area or any public right-
of-way, other than a license to use and access the License Area, revocable and for a
temporary term as set forth in this License Agreement.
13. RESERVATION OF RIGHTS
Licensee understands, acknowledges and agrees that any and all authorizations
granted to Licensee under this License Agreement are non-exclusive and shall remain
subject to all prior and continuing regulatory and propriety rights and powers of City to
regulate, govern and use the License Area, City Property, and other City property, as well
as any existing encumbrances, deeds, covenants, restrictions, easements, dedications
and other claims of title that may affect the License Area and City property.
14. CITY RETENTION OF RIGHTS
Licensee's right to use the License Area during the term of this License Agreement
shall be subordinate and junior to the rights of City to use and occupy the License Area
and the property for any purpose.
15. TERMINATION
This License Agreement may be terminated during the term or any extended term
in the following manner:
a. By Licensee: At any time, upon completion of the Work, subject to
consent from the City based on the City's Final Inspection;
b. By City: At any time, without cause upon the giving of thirty (30) calendar
days' written notice of termination to Licensee; or
c. If, after written notice of default to Licensee of any of the terms or
conditions of this License, Licensee fails to cure or correct the default
within ten (10) business days of receipt of written notice, City may
immediately terminate the License and/or this License Agreement, in its
sole and absolute discretion.
16. SURRENDER OF LICENSE AREA
16.1 At a minimum of fifteen (15) calendar days prior to any expiration or
termination of this License Agreement, City and Licensee shall perform a walk-through to
inspect the condition of the site and the Work and to discuss any additional corrections
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or modifications that need to be made before theCity accepts the License Area ("City's
Final Inspection").
16.2 No later than fifteen (15) calendar days prior to any expiration or termination
of this License Agreement, Licensee shall provide City with the required geotechnical
reports as specified in this License Agreement, and a property owner's title policy showing
the License Area is free and clear of any and all monetary liens and/or encumbrances of
any kind effective as of the date of the expiration or termination of the License Agreement.
16.3 LICENSEE, AT ITS SOLE COST AND EXPENSE, SHALL, PRIOR TO
THE EXPIRATION OR TERMINATION OF THIS LICENSE AGREEMENT REMOVE
ALL OF ITS EQUIPMENT AND STORED MATERIALS, RESTORE THE LICENSE
AREA TO ITS ORIGINAL CONDITION WITH THE EXCEPTION OF THE GEOGRID
AND KEYWAY DRAIN, AND PERFORM ANY OTHER REPAIRS OR RESTORATIONS
IDENTIFIED IN CITY'S FINAL INSPECTION. A REPRESENTATIVE FROM CITY'S
PLANNING DIVISION AND CITY'S BUILDING INSPECTOR SHALL COMPLETE A
FINAL WALK THROUGH TO DETERMINE THE LICENSE AREA HAS BEEN
RESTORED TO A CONDITION SATISFACTORY TO AND APPROVED BY CITY, AND
VACATE THE LICENSE AREA. SHOULD LICENSEE FAIL TO RESTORE THE
LICENSE AREA TO A CONDITION SATISFACTORY TO CITY, CITY MAY PERFORM
SUCH WORK OR HAVE SUCH WORK PERFORMED BY OTHERS AND LICENSEE
SHALL IMMEDIATELY REIMBURSE CITY FOR ALL DIRECT AND INDIRECT COSTS
ASSOCIATED WITH SUCH WORK UPON RECEIPT OF AN INVOICE FOR SUCH
COSTS. IF THE LICENSE AREA IS NOT RESTORED TO A CONDITION
SATISFACTORY TO AND APPROVED BY CITY, THE LICENSE FEE SHALL
CONTINUE TO BE CHARGED TO LICENSEE UNTIL THE LICENSE AREA IS
RESTORED TO A CONDITION SATISFACTORY AND APPROVED BY CITY.
17. INDEMNITY AND LIABILITY FOR DAMAGES
17.1 Irrespective of any insurance carried by Licensee or its agents and
contractors for the benefit of City, and to the fullest extent permitted by law, Licensee shall
indemnify, defend and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death,
loss or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or
in any manner relate (directly or indirectly) to the License or this License Agreement, any
Work performed or failure to perform or any services provided or failure to provide related
to or in connection with the Work, License, or this License Agreement including, without
limitation, defects in workmanship or materials or Licensee's presence or activities
conducted that relate in any way to the Work, License, or this License Agreement
(including the negligent and/or willful acts, errors and/or omissions of Licensee,
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employees, vendors, suppliers, and/or anyone employed directly or indirectly by any of
them.
17.2 Licensee shall require its contractor retained to perform the Work to defend
and indemnify the Indemnified Parties to the same extent as Licensee is required to do
so in accordance with the terms of this License Agreement.
17.3 Notwithstanding the foregoing, nothing herein shall be construed to require
Licensee or Licensee's contractor retained to perform the Work to indemnify the
Indemnified Parties from any Claim arising from the sole negligence or willful misconduct
of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's fees in any action on or to enforce the terms of this License
Agreement. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided.
18. BONDS
18.1 Prior to the commencement of the Work, Licensee ensure that the City is
furnished with a Labor and Materials Payment Bond, at no cost or expense to the City,
using the form attached hereto as Exhibit "F," and incorporated herein by reference, or in
a form acceptable to the City Attorney, in the amount of one hundred thousand dollars
($100,000.00) to be in effect during the construction of the Work, providing that if the
contractor retained to perform the Work or any of its subcontractors shall fail to pay for
any services, materials, provisions, equipment or other supplies used in, upon, for, or
about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the surety on the bond will pay the same to the extent set forth therein.
18.2 Prior to the commencement of the Work, Licensee shall ensure that the City,
at no cost or expense to the City is furnished with a Faithful Performance Bond using the
form attached hereto as Exhibit "G" or in a form approved by the City Attorney, a letter of
credit, or other security ("Security"), in the amount of one hundred thousand dollars
($100,000.00), to be effective throughout the Term of this License Agreement plus ninety
(90) calendar days thereafter, to ensure and secure faithful compliance with the
conditions of this License Agreement. The Security shall be in a form acceptable to the
City Attorney. The purpose of the Security is to provide payment to the City for any and
all expenditures incurred by the City under this License Agreement, including but not
limited to costs of repairs and/or removal of any materials, equipment or other
construction items remaining on the License Area upon expiration or termination of this
License Agreement should Licensee fail to do so as required by this License Agreement.
The Security shall in no way limit the liability or obligations of Licensee or its insurers
under this License Agreement. If the funds represented by the Security become
exhausted, Licensee shall immediately provide the City with a new security in the amount
necessary to provide full required Security.
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18.3 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property
Casualty.
19. INSURANCE
Without limiting Licensee's indemnification of City, and prior to commencement of
work, Licensee shall obtain, provide and maintain at its own expense during the term of
this License Agreement, policies of insurance of the type and amounts described in the
Insurance Requirements attached hereto as Exhibit "H," and incorporated herein by
reference.
20. HAZARDOUS SUBSTANCE
20.1 Hazardous Substance means: (i) any substance, product, waste or other
material of any nature whatsoever which is or becomes listed, regulated, or addressed
pursuant to the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. Section 9601 et seq. ("CERLCA"); the Hazardous Materials Transportation
Act, 49 U.S.C. Section 5101, et seq.; the Resource Conversation and Recovery Act, 42
U.S.C. Section 6901 et seq. "RCRA"); the Toxic Substances Control Act, 15 U.S.C.
Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the
Carpenter -Presley -Tanner Hazardous Substance Account Act, Health and Safety Code
Sections 78000 et seq.; the California Safe Drinking Water and Toxic Enforcement Act,
Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code
Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California
Hazardous Waste of Concern and Public Safety Act, Health and Safety Code Sections
25169.5 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous
Materials Response Plans and Inventory); or the Porter -Cologne Water Quality Control
Act, Water Code Sections 13000 et seq., all as they, from time -to -time may be amended
or re -codified, (the above -cited statutes are here collectively referred to as the "Hazardous
Substances Laws") or any other Federal, State or local statute, law, ordinance, resolution,
code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous, toxic or dangerous waste, substance
or material, as now or at any time hereafter in effect; (ii) any substance, product, waste
or other material of any nature whatsoever which may give rise to liability under any of
the above statutes or under any statutory or common law theory, including but not limited
to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any
reported decisions of a state or federal court; (iii) petroleum or crude oil; and (iv) asbestos.
20.2 From the Effective Date and throughout the Term, Licensee shall not use,
occupy, or permit any portion of the License Area to be used or occupied in violation of
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any Hazardous Substance laws. Notwithstanding any other provision in this Section 19,
Licensee is not responsible or liable for any Hazardous Substances that are brought on
to the License Area, through migration or other means, by third -parties not associated
with Licensee.
20.3 Notwithstanding any contrary provision of this License Agreement, and in
addition to the indemnification duties of Licensee set forth elsewhere in this License
Agreement, Licensee shall indemnify, defend with counsel reasonably acceptable to City,
protect, and holds harmless City and its elected and appointed officials, boards and
commissions, officers, employees, agents, and volunteers from and against any and all
losses, fines, penalties, claims, demands, obligations, actions, causes of action, suits,
costs and expenses (including, without limitation, attorneys' fees, disbursements and
court costs), damages, judgments, or liabilities, including, but not limited to, any repair,
cleanup, detoxification, or preparation and implementation of any remedial, response,
closure or other plan of any kind or nature which the City and its elected or appointed
officials, boards and commissions, officers, employees, agents or volunteers may sustain
or incur, or which may be imposed upon them, in connection with any breach of
Licensee's obligations or representations in this License Agreement or the use of the
License Area under this License Agreement, arising from or attributable to the Licensee
Parties (defined below) storage or deposit of Hazardous Substances in violation of
applicable laws. This section is intended to operate as an agreement pursuant to
Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety
Code Section 25364, to insure, protect, hold harmless, and indemnify City for any claim
pursuant to the Hazardous Substance laws or the common law.
20.4 Licensee does not, and shall not, authorize any third party to use, generate,
manufacture, maintain, permit, store, or dispose of any Hazardous Substances in
violation of applicable laws on, under, about or within the License Area.
20.5 Upon expiration or earlier termination of this License Agreement, Licensee
shall deliver possession of the License Area in compliance with Hazardous Substance
laws subject to the last sentence of Section 20.2 above.
20.6 If during the Term of this License Agreement, Licensee becomes aware of
(i) any actual or threatened release of any Hazardous Substances on, in, under, from, or
about the License Area in violation of Hazardous Substance laws; or (ii) any inquiry,
investigation, proceeding, or claim by any government agency or other person regarding
the presence of any Hazardous Substances in violation of Hazardous Substance laws on,
in, under, from or about the License Area, Licensee shall give City written notice of the
release or inquiry within five (5) calendar days after Licensee becomes aware or first has
reason to believe there has been a release or inquiry and shall simultaneously furnish to
City copies of any claims, notices of violation, reports, warning or other writings received
by Licensee that concern the release or inquiry.
20.7 If the presence of any Hazardous Substances brought onto the License
Area by Licensee or Licensee's employees, agents, sublessees, licensees,
The Bluffs Homeowners' Community Association 12
concessionaires, contractors, or invitees ("Licensee Parties"), or generated by same
during the Term of this License Agreement, results in contamination of the License Area
or adjacent properties in violation of Hazardous Substance laws, Licensee shall promptly
take all necessary actions, at Licensee's sole expense, to remove or remediate such
Hazardous Substances in full compliance with applicable laws. Licensee shall provide
notice to City prior to performing any removal or remedial action. Licensee shall not
propose nor agree to any covenant of use restriction as part of any removal or remediation
required as a result of this provision without City's written consent. Licensee shall pay
any costs City incurs in performing Licensee's obligation to clean-up contamination
resulting from Licensee's operations or use of the License Area.
20.8 Should any clean-up of Hazardous Substances for which Licensee is
responsible not be completed prior to the expiration or sooner termination of this License
Agreement, including any extensions thereof, then Licensee shall transfer the amounts
required to complete clean-up into an escrow account, together with City -approved
instructions for the disbursement of such amount in payment of the costs of any remaining
clean-up as it is completed, and (ii) if the nature of the contamination or clean-up required
of Licensee is of such a nature as to make the License Area untenable or unleasable,
then Licensee shall be liable to City as a holdover lessee until the clean-up has been
sufficiently completed to make the License Area suitable for lease to third parties. The
estimated cost of the clean-up shall require approval of the City.
20.9 If City determines, in its reasonable discretion, that Licensee does not have
insurance or other financial resources sufficient to enable Licensee to fulfill its obligations
under this provision, whether or not accrued, liquidated, conditional, or contingent, then
Licensee shall, at the request of City, procure and thereafter maintain in full force and
effect such environmental impairment liability and/or pollution liability insurance policies
and endorsements, or shall otherwise provide such collateral or security reasonably
acceptable to City as is appropriate to assure that Licensee will be able to perform its
duties and obligations hereunder.
21. RESPONSIBILITY FOR DAMAGE TO CITY PROPERTY
If City or other public facilities or improvements are damaged by the installation or
presence of Licensee's activities, Licensee shall be responsible for the cost of repairs and
restoration of these public facilities or improvements to their condition prior to entering
into this License Agreement.
22. RELOCATION
Licensee agrees that whenever any City improvements may be required (for
example, maintenance or repair of the City's property), the City may require the relocation
of the Licensee's equipment and materials stored in the License Area at Licensee's
expense, without Licensee making any claim against the City for reimbursement or
damage therefor. Except in the event of an emergency or other situation requiring
immediate relocation of the License Area, City shall provide Licensee with not less than
The Bluffs Homeowners' Community Association 13
thirty (30) calendar days written notice of relocation specifying a date by which the
relocation is to take place.
23. REMOVAL
In the event that any tie -backs or other materials located within City Property
pursuant to this License Agreement are determined to be a nuisance, hazardous,
environmentally damaging, interfere with public utilities, public right-of-way, future
improvements, easements, or other rights that exist now or in the future, Licensee agrees
to either remove the tie -backs and materials, including obtaining any prior permits and
approvals as may be required for such work, or reimburse the City for the reasonable
costs of such removal by the City and its contractors and subcontractors.
24. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
This License Agreement and the rights and obligations herein shall not be
assigned, transferred, or hypothecated (collectively referred to as "transferred"), in whole
or in part, without the prior written consent of the City, which consent may be withheld in
City's sole and absolute discretion for any reason or no reason at all. In the event this
License Agreement is transferred without the prior written consent of the City, whether
voluntarily or by operation of law, the City shall have the option to terminate this License
Agreement, effective as of the date transferred.
25. CONFLICT OF INTEREST
The Licensee or its employees may be subject to the provisions of the California
Political Reform Act of 1974 ("Act"), which (a) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed under
this License, and (b) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest. If subject to the Act,
Licensee shall conform to all requirements of the Act. Notwithstanding anything to the
contrary, failure to conform to the requirements of the Act constitutes a material breach
and is grounds for immediate termination of this License by City. Licensee shall indemnify
and hold harmless City for any and all claims for damages resulting from Licensee's
violation of this Section.
26. NOTICE AND EMERGENCY CONTACT
26.1 All notices, demands, requests or approvals to be given under the terms of
this License shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Licensee to City shall be addressed to City
at:
Attn: Real Property Administrator
Community Development Department
The Bluffs Homeowners' Community Association 14
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA, 92658
Phone: 949-644-3236
26.2 All notices, demands, requests or approvals from City to Licensee shall be
addressed to Licensee at:
Attn: Property Manager
2414 Vista Del Oro
Newport Beach, CA 92660Phone: (949) 759-1200
Email: aromero(@-keystonePacific.com
Licensee provides the following emergency contact name and number: Antonia
Romero, (951) 205-6698
27. NO DAMAGES
Licensee acknowledges that City would not enter into this License Agreement if it
were to be liable for damages (including, but not limited to, actual damages, economic
damages, consequential damages, lost profits, loss of rents or other revenues, loss of
business opportunity, loss of goodwill or loss of use) under, or relating to, this License
Agreement or any of the matters referred to in this License Agreement, including, without
limitation, any and all plans, permits, licenses or regulatory approvals, and CEQA
documents related to the License Area. Accordingly, Licensee covenants and agrees on
behalf of itself and its successors and assigns, not to sue City (either in its capacity as
licensor in this License Agreement or in its capacity as the City of Newport Beach) for
damages (including, but not limited to, actual damages, economic damages,
consequential damages, lost profits, loss of rents or other revenues, loss of business
opportunity, loss of goodwill or loss of use) or monetary relief for any breach of this
License Agreement by City or for any dispute, controversy, or issue between City and
Licensee arising out of or connected with this License Agreement or any of the matters
referred to in this License Agreement, including, without limitation, any and all plans,
permits, licenses or regulatory approvals, CEQA documents, or any future amendments
or enactments thereto, the Parties agreeing that declaratory relief, injunctive relief,
mandate and specific performance shall be Licensee's sole and exclusive judicial
remedies. Notwithstanding the foregoing, nothing in this Section shall limit Licensee's
remedies as expressly set forth in this License Agreement.
28. GOVERNMENT CLAIMS ACT
Licensee and City agree that in addition to any claims filing or notice requirements
in this License Agreement, Licensee shall file any claim that Licensee may have against
The Bluffs Homeowners' Community Association 15
City in strict conformance with the Government Claims Act (Government Code Sections
900 et seq.), or any successor statute.
29. BINDING ON SUCCESSORS
All of the terms and provisions of this License Agreement shall inure to the benefit
of, and shall be binding upon, the Parties and their respective successors and assigns.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Licensee shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Licensee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
30.2 Agency. Neither anything in this License Agreement nor any acts of
Licensee shall authorize Licensee or any of its employees, agents or contractors to act
as agent, contractor, joint venturer or employee of City for any purpose.
30.3 Waiver. A waiver by either Party 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 a different character.
30.4 Integrated Agreement. This License Agreement represents the full and
complete understanding of every kind or nature whatsoever between the Parties, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Interpretation. The terms of this License Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either Party by reason of the authorship of the License or any other rule of
construction which might otherwise apply.
30.6 Amendments. This License Agreement may be modified or amended only
by a written document executed by both Licensee and City and approved as to form by
the City Attorney.
30.7 Severability. If any term or portion of this License Agreement is held to be
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this License shall continue in full force and effect.
30.8 Controlling Law and Venue. The laws of the State of California shall govern
this License Agreement and all matters relating to it and any action brought relating to
The Bluffs Homeowners' Community Association 16
this License Agreement shall be adjudicated in a court of competent jurisdiction in the
County of Orange.
30.9 Taxes. Licensee acknowledges that the License granted herein may be
subject to possessory interest taxes. Licensee shall have the sole obligation to pay any
taxes, fees and assessments, plus applicable penalties and interest, which may be
imposed by law and arise out of Licensee's License hereunder. Licensee shall indemnify,
defend and hold harmless City against any and all such taxes, fees, penalties or interest
assessed, or imposed against City hereunder. In accordance with Section 107.6 of the
California Revenue and Taxation Code, Licensee is specifically informed, and
hereby acknowledges and agrees, that the City Property and any fixtures,
equipment, or other improvements installed or constructed thereon shall be
subject to possessory interest taxes and assessments, and that such taxes and
assessments shall be paid by Licensee prior to delinquency.
30.10 No Third Party Rights. The Parties do not intend to create rights in or grant
remedies to, any third party as a beneficiary of this License Agreement, or of any duty,
covenant, obligation or undertaking established herein.
30.11 No Attorneys' Fees. In the event of any dispute under the terms of this
License Agreement the prevailing Party shall not be entitled to attorneys' fees.
30.12 Counterparts. This License Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
30.13 Survival. The following Sections shall survive the termination or expiration
of this License Agreement: Sections 16, 17, 20, 21, 23, and 29.
[SIGNATURES ON NEXT PAGE]
The Bluffs Homeowners' Community Association 17
IN WITNESS WHEREOF, the Parties have caused this License to be executed on
the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: i 11 4/7 I.
CITY OF NEWPORT BEACH,
A California n)cnicipAl corporation
Date:
By: By: .fit
Aar n C. Harp.Seimone Jurjis
City Attorney '�`� �� City Manager
ATTEST:
Date: �,r13/2���
By:
Le a S umway
City Clerk
LICENSEE: The Bluffs Homeowners'
Community Association, a California
common interest development and
nonprofit organization
Date:
Signed in Counterpart
Patrick Sills
Chief Executive Officer
Date:
Signed in Counterpart
Kimberly Tavares
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A:
Description and Depiction of City Property
Exhibit B:
Description and Depiction of Licensee Property
Exhibit C:
Depiction of Licensee's Work
Exhibit D:
Depiction of License Area
Exhibit E:
Access Paths
Exhibit F:
Labor and Materials Bond
Exhibit G:
Faithful Performance Bond
Exhibit H:
Insurance Requirements
The Bluffs Homeowners' Community Association Page 18 of 18
IN WITNESS WHEREOF, the Parties have caused this License to be executed on
the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF TH CITY ATTORNEY A California municipal corporation
Date: ,- Date:
L�
City Attorney Aaron C. p AF
ATTEST:
Date:
in
Lena Shumway
City Clerk
Seimone Jurjis
City Manager
LICENSEE: The Bluffs Homeowners'
Community Association, a California
common interest development and
nonprofit organization
Date: ,�, /'�/Z_r,
By:
4Patrickls
Chief Executive Officer
Date:
By:
Kiio5ei4ravares
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A:
Description and Depiction of City Property
Exhibit B:
Description and Depiction of Licensee Property
Exhibit C:
Depiction of Licensee's Work
Exhibit D:
Depiction of License Area
Exhibit E:
Access Paths
Exhibit F:
Labor and Materials Bond
Exhibit G:
Faithful Performance Bond
Exhibit H:
Insurance Requirements
The Bluffs Homeowners' Community Association Page 18 of 18
Exhibit "A"
Description and Depiction of City Property
THOSE PORTIONS OF BLOCKS 52, 53, 55 AND 56 OF IRVINE SUBDIVISION
AS PER MAP RECORDED IN BOOK I PAGE 88, OF MISCELLANEOUS RECORD
MAPS, IN THE OFFICE OF THE COUNTY RECORDE.R OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 96 OF TRACT NO.
5877 AS PER MAP RECORDED IN BOOK 218 PAGES 10 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS OF SAID COUNTY. THENCE ALONG THE WESTERLY
BOUNDARY OF SAID LOT 96 NORTH 210 56' 18" EAST 166.01 FEET; THENCE
NORTHWESTERLY ALONG SAID BOUNDARY AND !'TS PROLONGATION NORTH
260 03' 21 11 WEST 204.83 FEET; THENCE NORTH 62' :14. 29" WEST 605.66 FEET;
THENCE NORTH 31" 40 1 0011 WEST 74. 60 FEET; THENCE SOUTH 58' 08' 56"
WEST 68.81 FEET TO THE MOST SOUTHERLY CORNE.R OF LOT 127 OF TRACT
NO. 5435 AS PER MAP RECORDED IN BOOK 200 PAGES 17 THROUGH 21, OF
MISCELLANEOUS MAPS OF SAID COUNTY; THENCE SOUTH 48' 12' 59" WEST
10.00 FEET TO THE EASTERLY RJGHT OF WAY LINE OF BACK BAY DRIVE 40.00
FEET WIDE AS SHOWN ON SAID TRACT NO. 5435 SAID EASTERLY RIGHT OF WAY
LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 420. 00 FEET,
A RADIAL LINE BEARS NORTH 480 12' 59" EAST; THENCE SOUTHERLY ALONG
SAID CURVE A DISTANCE OF 132.70 FEET, A CENTRAL ANGLE OF 18' 06' 09";
THENCE NON TANGENT TO SAID LAST CURVE SOUTH 600 11' 27" EAST 438.41
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 173.20 FEET; THENCE EASTERLY AND SOUTHEASTERLY 181.37 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60" 00' 00"; THENCE
SOUTH 00 11' 27" EAST 164. 59 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 173.20 FEET; THENCE SOUTHERLY AND
SOUTHEASTERLY 181.37 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 600 00' DO"; THENCE SOUTH 60' 11' 27" EAST 240. 00 FEET; THENCE
SOUTH 540 48' 33" WEST, EAST 133. 00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 187.24 FEET; THENCE
SOUTHWESTERLY 114.38 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 359 00' 00"; THENCE SOUTH 89' 48' 33" WEST 371. 51 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
272.42 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 213.96 'FEET;
THENCE SOUTH 440 48' 33 11 WEST 129. 04 FEET; THENCE SOUTH 130 35' 59"
WEST 167. 71 FEET TO THE INTERSECTION OF A LTNE HAVING A BEARING
NORTH 630 08' 32" WEST, 344.46 FEET FROM THE WESTERLY CORNER OF LOT 4
OF TRACT NO. 5947 AS PER MAP RECORDED IN BOOK 285 PAGES 8 THROUGH
12, INCLUSIVE OF MISCELLANEOUS MAPS OF SAID COUNTY, THENCE FROM
SAID INTERSECTION SOUTH 630 08 1 32" EAST 271.66 FEET TO THE MOST
WESTERLY CORNER OF SAID LOT 4 OF TRACT NO. 6947; THENCE ALONG THE
NORTHERLY AND NORTHEASTERLY BOUNDARIES OF LOTS 4, 5 AND 6 THE
FOLLOWING COURSES:
The Bluffs Homeowners' Community Association A-1
NORTH 66011'48" EAST 31.S9 FEET;
SOUTH 88047'12" EAST 62.00 FEET;
NORTH 47004'48" EAST 100.00 FEET;
NORTH 85059'48" EAST 66.00 FEET;
SOUTH 47052'12" EAST 2.73.00 FEET;
SOUTH 77020'12" EAST 118.00 FEET;
NORTH 74014'48" EAST 414-.01 FEET;
SOUTH 760 0 8 1 12V EAST 93.00 FEET;
SOUTH 49045'12" EAST 102.00 FEE::T;
SOUTH 18053'12" EAST 276.01 FEET;
SOUTH 47005'1211 EAST' 230.01 FEET;
SOUTH 24052'12" EAST 209.01 FEET;
SOUTH 42000'12" EAST 238.01 FEET;
SOUTH 58045 ' 12" EAST- 151.00 FEET;
SOUTH 05002'12" EAST 135.00 FEET;
SOUTH 2902512" EAST 88-71 FEET;
TO A POINT IN THE WESTERLY RIGHT OF WAY LINE OF JAMBOREE ROAD
132.00 FEET WIDE AS DESCRIBED IN BOOK 7964 PAGE 631 OF OFFICIAL
RECORDS OF SAID COUNTY SAID WESTERLY LINE BEING A CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 5950.00 FEET A RADIAL LINE THROUGH WHICH
BEARS NORTH 56027'34" WEST THENCE NORTHERLY ALONG SAID CURVE A
DISTANCE OF 645.!7 FEET; TMENCE ALONG SAID RIGHT OF WAY LINE NORTH
27°19.'16u EAST, 356.08 FEET TO THE SOUTHERLY CORNER OF -LOT 3 OF TRACT
NO. 5425 AS PER MAP RECORDED IN BOOK 199 PAGES I AND 2 OF
MISCELLANEOUS MAPS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY
AND SOUTHWESTERLY BOUNDARIES OF LOT 3 THROUGH 10 OF SAID TRACT NO.
5425 AND ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 96 OF TRACT NO.
5877 THE FOLLOWING COURSES:
NORTH
SOUTH
NORTH
NORTH
SOUTH
SOUTH
SOUTH
NORTH
The Bluffs Homeowners' Community Association Exhibit A-2
NORTH
620
40'44"
WEST
116.82 FEET;
NORTH
74-
0 30 '41"
WEST
134.75 FEET;
NORTH
64-
0 25411'
WEST
136.50 FEET;
NORTH
750
42'15"
WEST
65.00 FEET;
SOUTH
160
56 '18"
WEST
10.00 FEET;
NORTH
870
28'142
WEST
65.75 FEET;
NORTH
570
39'52"
WEST
95.23 FEET;
260
59'1111
WEST
476.12 FEET;
030551
11"
WEST
106.08 FEET;
360
33'13"
WEST
134.75 FEET;
240
55'06"
WEST
129.52 FEET;
400
06 '25"
WEST
259.96 FEET;
810
05 '32"
WEST
151. 77 FEET;
820
41 '07"
WEST
314.55 FEET;
530
54 '22"
WEST
292.03 FEET;
TO THE POINT OF BEGINNING.
The Bluffs Homeowners' Community Association Exhibit A-2
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NB'. Disclaimer:
N E W P O R T B E A C H Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
EWPO^> Newport Beach and its employees and agents
o� disclaim any and all responsibility from or relating to
0 40 80
any results obtained in its use.
C,4 FOAA�P •`- Feet
ionnoc
Exhibit "B"
Description and Depiction of Licensee Property
Real property in the City of Newport Beach, County of Orange, State of California,
described as follows:
PARCEL 96
LOT 96 OF TRACT NO. 5877, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 218, PAGES
10 THROUGH 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. EXCEPTING, THEREFROM, THE FOLLOWING
DESCRIBED SEVENTEEN (17) PARCELS:
PARCEL A
BEGINNING AT THE MOST EASTERLY NORTHEASTERLY CORNER OF LOT
1 OF SAID TRACT NO. 5877; THENCE ALONG THE EASTERLY LINE, THEREOF, S
150 O' O" E 21.75 FEET; THENCE S 750 O' O" W 6.00 FEET; THENCE S 15' O' O" E
21.75 FEET; THENCE S 75' O' O" W 21.50 FEET; THENCE S 15' O' O" E 5.42 FEET;
THENCE N 750 O' O" E 4.70 FEET; THENCE S 15' O' O" E 18.75 FEET; THENCE N
750 O' O" E 34.97 FEET; THENCE S 150 O' O" E 21.75 FEET; THENCE S 75' O' O" W
18.17 FEET; THENCE S 150 O' O" E 27.08 FEET; THENCE S 75' O' O" W 28.29 FEET;
THENCE S 150 O' O" E 4.50 FEET; THENCE S 75' O' O" W 42.41 FEET; THENCE N
150O'O"W31.58FEET; THENCE N75'O'O"E16.00FEET; THENCE N15'O'O"W
26.75 FEET; THENCE N 75' O' O" E 3.20 FEET; THENCE N 15' O' O" W 13.75 FEET;
THENCE S 750 O' O" W 9.40 FEET; THENCE N 150 O' O" W 11.80 FEET; THENCE N
750O'O"E2.90FEET; THENCE N15'O'O"W15.37FEET; THENCE N75'O'O"E
3.50 FEET; THENCE N 15' O' O" W 33.25 FEET; THENCE N 51 ° 51' 57" E 25.88 FEET;
THENCE S 150 O' O" E 4.27 FEET; THENCE N 75' O' O" E 27.20 FEET; THENCE S 15'
O' O" E 17.40 FEET; THENCE N 750 O' O" E 9.50 FEET TO THE POINT OF BEGINNING.
PARCEL B
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 5 OF SAID TRACT
NO. 5877; THENCE ALONG THE SOUTHEASTERLY LINE, THEREOF S 500 O' O" W
21.75 FEET; THENCE N 40' O' O" W 6.00 FEET; THENCE S 500 O' O" W 21.75 FEET;
THENCE N 400 O' O" W 21.50 FEET; THENCE S 500 O' O" W 24.17 FEET; THENCE S
40°0'O"E40.00FEET; THENCE S50°O'O"W48.83FEET; THENCE N40°O'O"W
8.00 FEET; THENCE S 50' O' O" W 13.34 FEET; THENCE N 400 O' O" W 61.00 FEET;
THENCE N 500 O' O" E 26.67 FEET; THENCE S 40' O' O" E 3.00 FEET; THENCE N
500 O' O" E 13.75 FEET; THENCE N 400 O' O" W 4.00 FEET; THENCE N 500 O' O" E
13.75 FEET; THENCE N 40' O' O" W 2.80 FEET; THENCE N 500 O' O" E 26.75 FEET;
THENCE N 400 O' O" W 6.70 FEET; THENCE N 50' O' O" E 11.60 FEET; THENCE S
400O'O"E3.00FEET; THENCE N50'O'O"E15.57FEET; THENCE N40'O'O"W
3.20 FEET; THENCE N 50' O' O" E 30.40 FEET; THENCE S 860 33' 56" E 17.60 FEET;
THENCE S 400 O' O" E 18.10 FEET; THENCE S 50' O' O" W 8.10 FEET; THENCE S
The Bluffs Homeowners' Community Association B-1
40°01OIIE9.00FEET; THENCE N50°01011E2.97FEET; THENCE s40°O'O"
E 12.80 FEET; THENCE S 500 0'0" W 16.30 FEET; THENCE S 400 0'0" E 15.20 FEET
TO THE POINT OF BEGINNING.
PARCEL C
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 9 OF SAID TRACT
NO: 5877; THENCE ALONG THE SOUTHEASTERL<I' LINE; THEREOF, s 29' 0'0" W
21: 75 FEET; THENCE N 61 ° 0'0" W 6:oo FEET; THENCE. s 29' 0'0" W 27.17 FEET;
THENCE N 61 ° 0'0" w 16.60 FEET; THENCE s 290 0'0" w 24: 25 FEET; THENCE S
61°O'O"E12:93FEET; THENCE N29°O'O"E2.83FEET; THENCE S61°O'O"E
21.67 FEET; THENCE s 29' 0'0" W 21. 67 FEET; THENCE N 61 ° 0'0" W 17.60 FEET;
THENCE s 29' O' O" W 10.00 FEET; THENCE N 61 ° O' O" W 22.70 FEET; THENCE N
290 0'0" E 12.67 FEET; THENCE N 61 ° 0'0" W 15.40 FEET; THENCE s 290 0'0" w
2.30 FEET; THENCE N 61' 0'0" W 28.90 FEET; THENCE N 29' 0'0" E 42.72 FEET;
THENCE S 61 ° 0'0" E 5.60 FEET; THENCE N 290 0'0" E 11.70 FEET; THENCE S
61°O'O"E3.00FEET; THENCE N29'O'O"E15.47FEET; THENCE S61°O'O"E
10.50 FEET; THENCE N 290 0'0" E 29. 75 FEET; THENCE S 61 ° 0'0" E 3.00 FEET;
THENCE N 290 0'0" E 5.33 FEET; THENCE S 61 ° 0'0" E 23.00 FEET; THENCE s 290
O' O" w 1.90 FEET; THENCE S 61' O' O" E 3.10 FEET; THENCE s 29' 0' O" w 6 .43
FEET; THENCE N 61 ° O' O" W 3.10 FEET; THENCE s 29' O' O" w 5.00 FEET; THENCE
s 610 0'0" E 27.50 FEET TO THE POINT OF BEGINNING.
PARCEL D
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 12 OF SAID TRACT
NO. 5877; THENCE ALONG THE SOUTHEASTERLY LINE, THEREOF, S 31 ° 0 1 O" w
21.75 FEET; THENCE N 590 0 1 011 w 6.00-FEET; THENCE s 31 ° 0 1 O" W 21.75 FEET;
THENCE N 590 0 1 O" W 21.50 FEET; THENCE S 31' 0 1 O" W 5.42 FEET; THENCE S
590 0 1 O" E 9.00 FEET; THENCE S 31' 0 1 O" W 18.75 FEET; THENCE S 590 0 1 O"
E 31.00 FEET; THENCE S 31' 0 1 O" W 48.75 FEET; THENCE N 59' 0 1 O" W 8.00
FEET; THENCE S 31' 0 1 O" W 12.70 FEET; THENCE N 59' 0 1 O" W 28.00 FEET;
THENCE S 31 ° 0 1 O" W 0.72 FEET; THENCE N 590 0 1 O" W 33.00 FEET; THENCE N
31°O'O"E26.67FEET; THENCE S59°O'O"E3.00FEET; THENCE N3100'0"E
13.75 FEET; THENCE N 59' 0 1 O" W 4.00 FEET; THENCE N 31' 0'0" E 13.75 FEET;
THENCE N 590 0 1 O" W 3.00 FEET; THENCE N 31 ° 0 1 O" E 26.75 FEET; THENCE N
590 0'0" W 6.40 -FEET; THENCE N 31' 0 1 O" -E 11.60 FEET; THENCE S 59' O' O" E
2.90 FEET; THENCE N 31 ° 0 1 O" E 15.57 FEET; THENCE N 59' 0 1 O" W 2.10 FEET;
THENCE N 31 ° 0 1 O" E 35.08 FEET; THENCE S 590 0 1 O" E 8.10 FEET; THENCE N
61' 6 1 49 1.1 E 5.78 FEET; THENCE S 59' 0 1 O" E 16.10 FEET; THENCE S 31' 0 1
O" W 5.00 FEET; THENCE S 59' 0 1 O" E 10.85 FEET; THENCE N 31' 0 1 O" E 2.40
FEET; THENCE S 590 0 1 O" E 13.15 FEET; THENCE S 310 0 1 O" W 15.73 FEET;
THENCE S 590 O' O" E 15.00 FEET TO THE POINT OF BEGINNING.
The Bluffs Homeowners' Community Association B-2
PARCEL E
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 17 OF SAID TRACT
NO. 5877; THENCE ALONG THE SOUTHEASTERLY LINE, THEREOF, S 260 49' 0" W
21.75 FEET; THENCE N 63' 11' 0" W 17.33 FEET; THENCE S 26' 49' 0" W 18.75
FEET; THENCE N 63' 11' 0" W 1.00 FEET; THENCE S 26' 49'. 0" W 21.75 FEET;
THENCE S 630 11' 0" E 8.30 FEET; THENCE S 26' 49' 0" W 7.80 FEET; THENCE N
630 11' 0" W 8.30 FEET; THENCE S 26' 49' 0" W 2.20 FEET; THENCE N 63' 11, 0" W
21.67 FEET; THENCE N 260 49' 0" E 4.67 FEET; THENCE N 63' 11' 0" W 39.50 FEET;
THENCE N 260 49' 0" E 11.80 FEET; THENCE S 63' 11' 0" E 3 .00 FEET; THENCE N
26 ° 49' 0" E 15.28 FEET; THENCE S 63 ° 11' 0" E 3.50 FEET; THENCE N ,26' 49' 0"
E 26.75 FEET; THENCE S 63' 11' 0" E 3.00 FEET; THENCE N 26° 49' 0" E 13.75 FEET;
THENCE S 630 11' 0" E 4.50 FEET; THENCE N 260 49' 0" E 13.75 FEET; THENCE N
630 11' 0" W 3.00 FEET; THENCE N 26' 49' 0" E 26.67 FEET; THENCE S 630 11' 0" E
32.50 FEET; THENCE N 26' 49' 0" E 4.30 FEET; THENCE S 63' 11' 0 11 E 28.47 FEET;
THENCE S 260 49' 0 11 W 22.97 FEET; THENCE S 63' 11 1 0" E 3.70 FEET; THENCE
S 260 49' 0" W 21.75 FEET; THENCE S 63' 11' 0" E 3.83 FEET TO THE POINT OF
BEGINNING.
PARCEL F
BEGINNING AT THE MOST EASTERLY SOUTHEASTERLY CORNER OF LOT
20 OF SAID TRACT NO. 5877; THENCE ALONG THE SOUTHERLY LINE, THEREOF,
N 900 0' 0" W 18.17 FEET; THENCE S 0° 0' 0" E 45.92 FEET; THENCE N 900 0' 0" E
6 .00 FEET; THENCE S 0° 0' 0" E 21. 75 FEET; THENCE N 90' 0' 0" W 9.50 FEET;
THENCE S 00 0' 0" E 18.83. FEET; THENCE N 900 0' 0" W 30.00 FEET; THENCE N 00
0'0"E5.50FEET; THENCE N90°0'0"W11.00FEET; THENCE N0'0'0"E5.33
FEET; THENCE N 90' 0' 0" W 3.00 FEET; THENCE N 0° 0' 0" E 9.87 FEET; THENCE
N 900 0' 0" W 10.50 FEET; THENCE N 00 0' 0" E 19.88 FEET; THENCE N 90 ° 0' 011
W10.40FEET; THENCE N000'0"E27.17FEET; THENCE N90°0'0"E4.50
FEET; THENCE N 00 0' 0" E 40. 50 FEET; THENCE N 90' 0' 0" W 3. 20 FEET; THENCE
N 00 0' 0" E 27.08 FEET; THENCE N 90 ° 0 1 0" E 45. 60 FEET; THENCE N 0 0 0 1
0" E 2. 1 7 FEET; THENCE N 900 0' 0" E 28.50 FEET; THENCE S 00 0' 0" E 7.50 FEET;
THENCE N 900 0' 0" W 7.00 FEET; THENCE S 00 0' 0" E 21.75 FEET; THENCE N 90'
0' 0" E 18.17 FEET; THENCE S 00 0' 0" E 21.75 FEET TO THE POINT OF BEGINNING.
PARCEL G
BEGINNING AT THE NORTHERLY CORNER OF LOT 23G OF SAID TRACT NO;
5877; THENCE ALONG THE NORTHEASTERLY LINE AND ITS SOUTHEASTERLY
PROLONGATION THEREOF, S 400 30' 0" E 64.33 FEET; THENCE. S 490 30' 011 W
21.67 FEET; THENCE N 40' 30' 0" W 2.70 FEET; THENCE S 49° 30' 0" W 11.50 FEET;
THENCE N 400 30' 0" W 4. 50 FEET; THENCE s 49' 30 1 0" w 5. 70 FEET; THENCE N
40' 30 1 0" w 8.79 FEET; THENCE S 490 30' 0" W 16.38 FEET; THENCE S 400 30' 0"
E 12.90 FEET; THENCE S 49' 30' 0" W 12.20 FEET; THENCE N 400 30' 0" W 6.80
FEET; THENCE S 49' 30' 0" W 5.80 FEET; THENCE N 40' 30' 011 W 6.10 FEET;
THENCE S 490 30' 0" W 15.67 FEET; THENCE S 400 30' 0" E 12.50 FEET; THENCE S
The Bluffs Homeowners' Community Association B-3
49 ° 30' 0 11 W 12 .80 FEET; THENCE N 40' 30' O" W 9.30 FEET; THENCE S 49' 30'
011 W 5.00 FEET; THENCE N 40' 30' 011 W 3.20 FEET; THENCE S 49' 30' 0 11 W
15.78 FEET; THENCE N 400 30'0" W 43.00 FEET; THENCE N 49' 30'0" E 16.58 FEET;
THENCE N 400 30 10 11 w 2.67 FEET; THENCE N 49'30 1011 E 17.00 FEET; THENCE
S40030'0"E2.67FEET; THENCE N49°30'O"E16.67FEET; THENCE N40'30'O"
W 2.67 FEET; THENCE N 49' 30'0" E 17.00 FEET; THENCE S 40' 30'0" E 2.67 FEET;
THENCE N 490 30'0" E 16.66 FEET; THENCE N 40' 30'0" W 2.67 FEET; THENCE N
490 30'0" E 16.92 FEET; THENCE N 400 30'0" W 2.67 FEET; THENCE N 490 30' 0 11
E 21.67 FEET TO THE POINT OF BEGINNING.
PARCEL H
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 26 OF SAID
TRACT NO. 5877; THENCE ALONG THE SOUTHWESTERLY. LINE; THEREOF, N 40'
30'0" W 43.00 FEET; THENCE N 490 30'0" E 15.Q8 FEET; THENCE N 40' 30'0" W
3.00 FEET; THENCE N 49' 30'0" E 5.10 FEET; THENCE N 40' 30'0" W 9.90 FEET;
THENCE N 490 30'0" E 12.50 FEET; THENCE S 40' 30'0" E 12.90 FEET; THENCE N
49030'O"E15.97FEET; THENCE N40'30'011 W6.40FEET; THENCE N49'30'O"
E5.70FEET; THENCE N40'30'O"W6.70FEET; THENCE N49'30'0"E12.00FEET;
THENCE S 400 30'0" E 13.10 FEET; THENCE N 49' 30'0" E 16.48 FEET; THENCE
N 40" 30 1 011 W 8. 89 FEET; THENCE N 49 ° 30 1 O" E 5.60 FEET; THENCE N 40'
30'O"W4.40FEET; THENCE N49°30'O"E11.50FEET; THENCE N40'30'O"W
2.70 FEET; THENCE N 49' 30' 0 11 E 21. 67 FEET; THENCE S 40 ° 30 1 0 11 E 64. 33
FEET; THENCE S 49' 30' O" W 21.67 FEET; THENCE N 40' 30' O" W 2.67 FEET;
THENCE S 490 30'0" W 16.92 FEET; THENCE N 40' 30'0" W 2.67 FEET; THENCE S
490 30'0" W 16.66 FEET; THENCE S 400 30'0" E 2.67 FEET; THENCE S 49 ° 30'0"
W 17. 00 FEET; THENCE N 40 ° 30 1 0" W 2.67 FEET; THENCE S 490 30'0" W 16.67
FEET; THENCE S 40' 30' O" E 2.67 FEET; THENCE S 490 ,30' O" W 17.00 FEET;
THENCE N 400 30'0" W 2.67 FEET; THENCE S 490 30.'0" W 16.58 FEET TO THE
POINT OF BEGINNING.
PARCEL I
BEGINNING AT THE EASTERLY CORNER OF LOT 29 OF SAID TRACT NO.
5877; THENCE ALONG THE SOUTHEASTERLY LINE, THEREOF, S 38' 0'0" W 5.42
FEET; THENCE S 52' O' O" E 21.75 FEET; THENCE.N 38a O' O" E 5.70 FEET;
THENCE S 520 0'0" E 11.33 FEET; THENCE S 38' 0'0" W 27.20 FEET; THENCE N
520 0'0" W 6.00 FEET; THENCE S 380 0'011 W 39.50 FEET; THENCE N 52° 0'0" W
11.50 FEET; THENCE N 38' 0'0" E 3.00 FEET; THENCE N 520 0'0" W 15.58 FEET;
THENCE N 380 0'0" E 3.22 FEET; THENCE N 520 0'0" W 35.08 FEET; THENCE N
380 0'0" E 20.70 FEET; THENCE N 52' 0'0" W 3.30 FEET; THENCE N 38' O' O" E
6.80 FEET; THENCE S 52' 0'011 E 3.30 FEET; THENCE N 380 0'0" E 26.40 FEET;
THENCE S 520 0'0" E 7.93 FEET; THENCE N 380 0'0" E 6.30 FEET; THENCE S 52'
0'0" E 27.15 FEET TO THE POINT OF BEGINNING.
The Bluffs Homeowners' Community Association B-4
PARCEL J
BEGINNING AT THE MOST NORTHERLY CORNER OR LOT 32 OF SAID
TRACT NO, 5877; THENCE ALONG THE NORTH-STERLY LINE, THEREOF, S 79' 0'
0"E21.75FEET; THENCE S11°0'0"W3.83FEET; THENCE S79'0'0"E21.75
FEET; THENCE S 11 ° 0' 0" W 4.70 FEET; THENCE S 79' 0' 0" E 6.58 FEET; THENCE
S 450 450 13" E 26.42 FEET; THENCE S 49' 42' 28" W 16.00 FEET; THENCE S 11 ° 0'
0"W33.10FEET; THENCE N79'0'0"W27.10FEET; THENCE N11°0'0"E3.10
FEET; THENCE N 79' 0' 0" W 13.32 FEET; THENCE S 11 ° 0' 0" W 4.50 FEET;
THENCE N 790 0' 0" W 13.75 FEET; THENCE S 1 V 0' 0" W 3.10 FEET; THENCE N
790 0' 0" W 26.75 FEET; THENCE S 11 ° 0' 0" W 12.10 FEET; THENCE N 790 0' 0" W
27.08 FEET; THENCE N 11 ° 0' 0" E 45.20 FEET; THENCE N 79' 0' 0" W 5.00 FEET;
THENCE N 11 ° 0' 0" E 29.75 FEET; THENCE S 79' 0' 0" E 10.83 FEET; THENCE S
11°0'0"W8.08FEET; THENCE S7900'0"E21.25FEET; THENCE S11 °0'0"W
3.17 FEET; THENCE S 79' 0' 0" E 18.75 FEET; THENCE N 11 ° 0' 0" E 21.50 FEET
TO THE POINT OF BEGINNING.
PARCEL K
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 34G OF SAID
TRACT No; 5877; THENCE ALONG THE NORTHERLY LINE AND ITS EASTERLY
PROLONGATION THEREOF, S 870 0' 0" E 64.33 FEET; THENCE s •3° 0' 0" W 21.67
FEET; THENCE N 87' 0' 011 W 2.58 FEET; THENCE S 3° 0' 0" w 11.42 FEET;
THENCE N 87' 0' 0" w 5.33 FEET; THENCE s 30 0' 0" w 5.58 FEET; THENCE N 87'
0' 0" w 8.08 FEET; THENCE s 30 0' 0" w 16.58 FEET; THENCE S 87' 0' 0" E 14.08
FEET; THENCE s 30 0' 0" w 12.33 FEET; THENCE N 87° 0' 0" W 6.50 FEET; THENCE
s 30 0' 0" w 5.67 FEET; THENCE N 87' 0 1 0" W 7.58 FEET; THENCE S 30 0' 0" w
15.67 FEET; THENCE S 87' 0' 0" E 13.83 FEET; THENCE s 30 0' 0" w 12.50 FEET;
THENCE N 87' 0' 0" w 10.33 FEET; THENCE s 30 0' 0" w 5.33 FEET; THENCE N 87'
0' 0" W 3.50 FEET; THENCE S 30 0' 0" w 15.75 FEET; THENCE N 870 0' 0" W 43.00
FEET; THENCE N 3° 0' 0" E 16.58 FEET; THENCE N 870 0 1 0" W 2.67 FEET; THENCE
N 30 0' 0" E 17.00 FEET; THENCE S 870 0' 011 E 2.67 FEET; THENCE N 30 0' 0" E
16.67 FEET; THENCE N 87' 0 1 0" W 2.67 FEET; THENCE N 30 0' 0" E 17.00 FEET;
THENCE s 87' 0' 0" E 2.67 FEET; THENCE N 30 0' 0" E 16.66 FEET; THENCE N 870
0'0" W 2.67 FEET; THENCE N 30 0'0" E 16.92 FEET; THENCE N 87' 0'0" W 2.67
FEET; THENCE N 30 0' 0" E 21.67 FEET TO THE POINT OF BEGINNING.
PARCEL L
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 37G OF SAID
TRACT NO: 5877; THENCE ALONG THE NORTHERLY LINE AND ITS EASTERLY
PROLONGATION THEREOF; S 87' 0' 0" E 64:33 FEET; THENCE s 3° 0' 0" W 21.67
FEET; THENCE N 87° 0' 0" W 2.67 FEET; THENCE S 30 QI 0" w 16.92 FEET; THENCE
N 870 0'0" W 2.67 FEET; THENCE S 30 0'0" w 16.66 FEET; THENCE S 87' 0'0" E
2.67 FEET; THENCE S 30 0' 0" w 17.00 FEET; THENCE N 87' 0' 011 W 2.67 FEET;
THENCE S 30 0' 0" w 16.67 FEET; THENCE S 87° 0' 0" E 2.67 FEET; THENCE S 30
0'0"w17.00FEET; THENCE N87°0'0"W2.67FEET; THENCE S300'0"w16.58
The Bluffs Homeowners' Community Association B-5
FEET; THENCE N 87' 0' 0" W 43 .00 FEET; THENCE N 3° 0 1 0" E 16.16 FEET;
THENCE N 8.7 ° 0 '0" w 3.25 FEET; THENCE N 3° 0' 0" E 4.92 FEET; THENCE N 87'
0'0" w 10.17 FEET; THENCE N 30 0'0" E 12.so FEET; THENCE S 87" 0'0" E 13.42
FEET; THENCE N 30 0' 0-11 E 15 .67 FEET; THENCE N 87' 0' 0" W 7. 00 FEET;
THENCE N 30 0' 0" E 5.67 FEET; THENCE N 87' 0' 0" W 6.33 FEET; THENCE N 3 °
0'0"E12.33FEET; THENCE s87'0'0"E13.33FEET; THENCE N3°0'0"E17.08
FEET; THENCE N 87' 0' 0" w 8.33 FEET; THENCE N 30 0' 0" E 5.08 FEET; THENCE
N 87 ° 0 ' 0" w 8.08 FEET; THENCE N 3° 0' 0" E 11.42 FEET; THENCE S 87' 0' 0" E
0.42 FEET; THENCE N 30 0' 0" E 21.67 FEET TO THE POINT OF BEGINNING.
PARCEL M
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 41 OF SAID TRACT
NO. 5877; THENCE ALONG THE NORTHERLY LINE, THEREOF, N 85' 0' 0" E 21.75
FEET; THENCE S 5° 0' 0" E 20.33 FEET; THENCE N 85' 0' 0" E 18.75 FEET; THENCE
N5°0'0"W2.00FEET; THENCE N85'0'0"E20.83FEET; THENCE N5°0'0"W
8.00 FEET; THENCE N 85' 0' 0" E 8.42 FEET; THENCE S 5° 0' 0" E 29.67 FEET;
THENCE S 850 0' 0" W 2.17 FEET; THENCE S 5° 0'0" E 39.50 FEET; THENCE S 85'
0' 0" W 11.83 FEET; THENCE N 5° 0' 0" W 3.00 FEET; THENCE S 850 0' 0" W 15.25
FEET; THENCE N 5° 0' 0" W 3.50 FEET; THENCE S 85' 0' 0" W 26.75 FEET; THENCE
N 50 0' 0" W 3.00 FEET; THENCE S 85' 0' 0" W 13.75 FEET; THENCE N 5° 0' 0" W
4.50 FEET; THENCE S 85' 0' 0" '/2' 13.75 FEET; THENCE S 5° 0' 0" E 3.00 FEET;
THENCE S 850 0' 0" W 26.67 FEET; THENCE N 5° 0' 0" W 64.67 FEET; THENCE N
850 0' 0" E 40.42 FEET; THENCE N 5° 0' 0" W 3.83 FEET TO THE POINT OF
BEGINNING.
PARCEL N
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 43 OF SAID TRACT
NO. 5877; THENCE ALONG THE NORTHEASTERLY LINE, THEREOF, S 160 0' 0" E
18.00 FEET; THENCE N 74' 0' 0" E 48.59 FEET; THENCE N 16' 0' 011 W 6.00 FEET;
THENCE N 740 0' 0" E 21.75 FEET; THENCE S 160 0' 0" E 27.50 FEET; THENCE N
740 0'0" E 5.00 FEET; THENCE N 16' 0'0" W 3.10 FEET; THENCE N 74' 0'0" E
6.33 FEET; THENCE S 160 0' 0" E 3.10 FEET; THENCE N 740 0' 0" E 2,00 FEET;
THENCE S 160 0' 0" E 23.00 FEET; THENCE S 74' 0' 0" W 5.33 FEET; THENCE S
160 0' 0" E 3.00 FEET; THENCE S 740 0' 0" W 29.75 FEET; THENCE S 16' 0' 0" E
10.50 FEET; THENCE S 74' 0' 011 W 15.37 FEET; THENCE S 160 0' 00" E 3.00 FEET;
THENCE S 740 0' 0" W 11.80 FEET; THENCE N 16' 0' 0" W 9.50 FEET; THENCE S
740 0'0" W 13.75 FEET; THENCE S 160 0'0" E 3.00 FEET; THENCE S 74' 0'0" W
26.67 FEET; THENCE N 160 0' 011 W 50.83 FEET; THENCE S 740 0' 0" W -2.67 FEET;
THENCE N 160 0' 0" W 21.67 FEET; THENCE N 740 0' 011 E 21.67 FEET TO THE
POINT OF BEGINNING.
The Bluffs Homeowners' Community Association B-6
PARCEL O
BEGINNING AT THE SOUTHERLY CORNER OF LOT 46 OF SAID TRACT NO-.
5877; THENCE ALONG THE SOUTHWESTERLY LINE, THEREOF, N 55 ° 0' O" W 36.00
FEET; THENCE N 35' O' O" E 9.60 FEET; THENCE N 55' O' O" W 10.00 FEET;
THENCE N 350 O' O" E 17.48 FEET; THENCE S 55' O'. O" E 15.50 FEET; THENCE N
350 O' O" E 10.79 FEET; THENCE N 550 O' 011 W 12.50 FEET; THENCE N 35' O' O" E
13.63 FEET; THENCE S 55' O' O" E 2.50 FEET; THENCE N 35' O' O" E 10.75 FEET;
THENCE N 550 O' O" W 3.41 FEET; THENCE N 350 O' O" E 27.17 FEET; THENCE N
55" O' O" W 0.59 FEET; THENCE N 35' O' O" E 10.75 FEET; THENCE N 550 O' O" W
2.50 FEET; THENCE N 35' O' O" E 31.33 FEET; THENCE S 55' O' O" E 29.00 FEET;
THENCE N 720 41' 27" E 7.60. FEET; THENCE S 3° 53' 28" W 15.20 FEET; THENCE
S35°O'O"W35.08FEET- THENCE S55°O'O"E4.17FEET; THENCE S35°O'O"W
15.37 FEET; THENCE S 550 O' O" E 3.25 FEET; THENCE S 350 O' O" W 11.80 FEET;
THENCE S 550 O' O" E 0.75 FEET; THENCE S 350 O' O" W 21.70 FEET; THENCE N
550 O' O" W 7.17 FEET; THENCE S 35' O' O" W 8.05 FEET; THENCE N 55°: O' O" W
3.00 FEET; THENCE S 35' O' O" W 5.42 FEET; THENCE S 55' 00 O" E 10.50 FEET;
THENCE S 350 O' O" W 11.70 FEET; THENCE N 550 O' O" W 3.00 FEET; THENCE S
350 O' O" W 15.38 FEET TO THE POINT OF BEGINNING.
PARCEL P
BEGINNING AT THE NORTHERLY CORNER OF LOT 47G OF SAID TRACT NO.
5877; THENCE ALONG THE NORTHEASTERLY LINE, THEREOF, S 52' 18' O" E 43.00
FEET; THENCE S 37' 42' O'i W 21.67 FEET; THENCE N 52' 18' O" W 43.00 FEET;
THENCE N 370 42' 0" E 21.67 FEET TO THE POINT OF BEGINNING.
PARCEL Q
BEGINNING AT THE WESTERLY CORNER OF LOT 48G OF SAID TRACT NO.
5877; THENCE ALONG THE NORTHWESTERLY- LINE, THEREOF, N 37' 42' 0" E 43
.00 FEET; THENCE S 520 18' 0" E 21.67 FEET; THENCE S 370 42' 011 W 43.00 FEET;
THENCE N 520 18' O" W 21.67 FEET TO THE POINT OF BEGINNING.
APN: 440-121-05
The Bluffs Homeowners' Community Association B-7
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0 40 80 disclaim any and all responsibility from or relating to
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Exhibit "C"
Depiction of Licensee's Work
The Bluffs Homeowners' Community Association C-1
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Exhibit "D"
Depiction of License Area
The Bluffs Homeowners' Community Association D-1
Work Location Map
Site Access Map
Will enter from Jamboree and will need to pass through the edge of the City project at arrows
SITE ACCESS AND SITE STAGING EXHIBIT -THE BLUFFS SLOPE REPAIR
W.
1.62 ft
Area: 2,704.78 ft"
Perimeter: 222.79 ft
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Disclaimer:
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
0 20 40 disclaim any and all responsibility from or relating to
any results obtained in its use.
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Exhibit "E"
ACCESS PATHS
The Bluffs Homeowners' Community Association E-1
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Exhibit "F"
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS BOND
WHEREAS, the City of Newport Beach, State of California ("Licensor"), has
entered into an agreement with The Bluffs Homeowners' Community Association, a
California common interest development and nonprofit organization ("Licensee"), for the
use of a certain portion of Licensor's real property as a temporary construction staging
yard for the storage and staging of materials and equipment, as well as for the installation
of temporary shoring tie -backs extending into and under that certain portion of Licensor's
real property, to facilitate the construction of underground parking facilities on Licensee's
property ("Work"), in strict conformity with the License Agreement ("License Agreement")
on file in the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference; and
WHEREAS, ("Principal"), has entered
into, or is about to enter into, an agreement with Licensee ("Contract") to perform the
Work, and the terms of the Contract require that Principal furnish a bond providing that if
Principal or any of Principal's contractors or subcontractors shall fail to pay for any
services materials, provisions, equipment or other supplies used in, upon, for, or about
the performance of the Work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth,
which Contract is on file with Licensee and the office of the City Clerk of the City of
Newport Beach and is incorporated herein by this reference.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Thousand Dollars and 00/100 ($100,000.00) lawful money of the United
States of America for the payment of which sum well and truly to be made, we for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's contractors or subcontractors fail to pay for any materials, provisions, or other
supplies, implements or machinery used in, upon, for, or about the performance of the
Work contracted to be done, or for any other work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, or for any amounts required to be deducted, withheld and paid over to the
Employment Development Department from the wages of employees of the Principal and
contractors or subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to
The Bluffs Homeowners' Community Association F-1
enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court
as required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any way affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
The Bluffs Homeowners' Community Association F-2
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 } ss.
On 20 before me,
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 signatures(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)
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 SS.
On 20 before me,
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 signatures(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)
The Bluffs Homeowners' Community Association F-3
Exhibit "G"
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, State of California ("City" or "Licensor"), has
entered into an agreement with The Bluffs Homeowners' Community Association, a California
common interest development and nonprofit organization ("Licensee"), for the use of a certain
portion of Licensor's real property as a temporary construction staging yard for the storage and
staging of materials and equipment, as well as for the site preparation, excavation, grading,
installation of a keyway backdrain, and a geogrid reinforced slope extending into and under that
certain portion of Licensor's real property, to facilitate Licensee's slope failure repair on Licensee's
property and City's property (hereinafter, "Work"), in strict conformity with the License Agreement
("License Agreement") on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference
WHEREAS, Licensee has awarded to
the "Contractor") an agreement for the
, (hereinafter referred to as
(hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents and the License to furnish a
bond for the faithful performance of said Contract Documents for the benefit of City and Licensee.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City and the Licensee in the sum of ONE HUNDRED THOUSAND
DOLLARS, ($100,000), for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, the Licensee,
and their respective officials, officers, employees, and authorized volunteers, as stipulated in said
Contract Documents, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
The Bluffs Homeowners' Community Association G-1
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney's
fees, incurred by City and the Licensee in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City and the Licensee from loss or damage resulting from or caused by defective materials or
faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation
of Contractor remains. Nothing herein shall limit the City's or Licensee's rights or the Contractor
or Surety's obligations under the Contract, law or equity, including, but not limited to, California
Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City or the Licensee to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents,
or shall promptly, at the City's and Licensee's option:
Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City and the Licensee may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
The Bluffs Homeowners' Community Association G-2
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is
charges is $
(The above must be filled in by corporate attorney.)
Any claims under this bond may be addressed to:
(Name and Address of Surety or
Agent for Service in California)
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Attorney -in -Fact
Print Name and Title
(Corporate Seal)
per thousand. The total amount of premium
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
The Bluffs Homeowners' Community Association G-3
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 } ss.
On 20 before me,
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 signatures(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)
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 } ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(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)
The Bluffs Homeowners' Community Association G-4
EXHIBIT "H"
Insurance Requirements
Without limiting Licensee's indemnification of City, Licensee will obtain, provide
and maintain at its own expense during the Term of this License Agreement, a policy or
policies of insurance of the type, amounts and form acceptable to City. The policy or
policies shall provide, at a minimum, those items described below.
Provision of Insurance. Without limiting Licensee's indemnification of City and
prior to commencement of work on License Area by Licensee or Licensee's
agents, representatives, consultants, contractors and/or subcontractors, Licensee
shall obtain, provide and maintain at its own expense during the Term of this
License Agreement policies of insurance of the type and amounts described below
and in a form satisfactory to City. Licensee agrees to provide insurance in
accordance with requirements set forth herein. If Licensee uses existing coverage
to comply and that coverage does not meet these requirements, Licensee agrees
to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the insurance commissioner to transact business
of insurance in the State of California, with an assigned policyholders' rating of A -
(or higher) and financial size category class VII (or larger) in accordance with the
latest edition of best's key rating guide, unless otherwise approved by the City's
Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Licensee and Licensee's agents,
representatives, consultants, contractors and/or sub/contractors, shall
maintain Workers' Compensation Insurance, statutory limits, and
Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) each accident for bodily injury by accident and each employee
for bodily injury by disease in accordance with the laws of the State of
California, Section 3700 of the Labor Code.
Licensee and Licensee's agents, representatives, consultants, contractors
and/or subcontractors, shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Licensee and Licensee's agents,
representatives, consultants, contractors and/or subcontractors, shall
maintain commercial general liability insurance, and if necessary umbrella
liability insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than five million
dollars ($5,000,000) per occurrence, five million dollars ($5,000,000)
general aggregate The policy shall cover liability arising from License Area,
The Bluffs Homeowners' Community Association H-1
operations, products -completed operations, personal and advertising injury,
and liability assumed under an insured contract (including the tort liability of
another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed under a
contract.
C. Automobile Liability Insurance. Licensee and Licensee's agents,
representatives, consultants, contractors and/or subcontractors, shall
maintain automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than five million dollars ($5,000,000) combined single limit each
accident.
D. Professional Liability (Errors & Omissions) Insurance. Licensee shall
require that Licensee's consultants, contractors and/or subcontractors
providing any design, engineering, surveying or architectural services for
the License Area maintain professional liability insurance that covers the
services to be performed, in the minimum amount of one million dollars
($1,000,000) per claim and two million dollars ($2,000,000) in the
aggregate. Any policy inception date, continuity date, or retroactive date
must be before the Effective Date of this License Agreement and Licensee
shall require that Licensee's consultants, contractors and/or subcontractors
agree to maintain continuous coverage through a period no less than three
(3) years after completion of the services performed.
E. Products -Completed Operations. Licensee shall require and verify that
Licensee's construction contractors and subcontractors maintain
commercial general liability insurance, including products -completed
operations, for a period of at least five (5) years from the time that all work
is completed or obtain coverage for completed operations liability for an
equivalent period.
F. Builder's Risk Insurance. During construction, Licensee shall maintain
Builder's Risk Insurance to cover "All Risk" of physical loss including
coverage for loss or damage from collapse resulting from builder's design
error. All property stored off -site or in transit must be covered. The value
insured shall cover 100% of the completed contract cost and include Boiler
& Machinery and Soft Costs and shall be maintained until full acceptance
by City. The "All Risk" coverage shall contain no coinsurance clause.
Earthquake and flood coverage shall be covered to 100% of the completed
contract cost. A waiver of subrogation and primary and non-contributory
endorsements shall be provided to City. Proceeds payable under this
insurance shall be fully payable to City as Loss Payee. Licensee shall be
solely responsible for the payment of any deductible.
The Bluffs Homeowners' Community Association H-2
G. Property Insurance. Licensee shall maintain property insurance throughout
the Term of this License Agreement on an "All Risk" basis equal to the full
replacement cost of the License Area. The insurance shall contain no
coinsurance clause. A waiver of subrogation and primary and
noncontributory endorsements shall be provided to City. Proceeds payable
under the insurance shall be fully payable to City as Loss Payee.
Earthquake and flood coverage shall be covered to 100% of the completed
contract cost. Licensee shall be solely responsible for the payment of any
deductible.
H. Pollution Liability Insurance. Licensee shall require that Licensee's
construction contractors and subcontractors maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than two million dollars ($2,000,000) per loss and in the aggregate
per policy period dedicated to this project. The CPL shall be obtained on
an occurrence basis for a policy term inclusive of the entire period of
construction. If all or any portion of CPL coverage is available only on a
claims -made basis, then a 10-year extended reporting period shall also be
purchased. The CPL policy shall include coverage for cleanup costs, third -
party bodily injury and property damage, including loss of use of damaged
property or of property that has not been physically injured or destroyed,
resulting from pollution conditions caused by contracting operations.
Coverage as required in this paragraph shall apply to sudden and non -
sudden pollution conditions resulting from the escape or release of smoke,
vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste
materials, or other irritants, contaminants, or pollutants. The CPL shall also
provide coverage for transportation and off -site disposal of materials. The
policy shall not contain any provision or exclusion (including any so-called
"insured versus insured" exclusion or "cross -liability" exclusion) the effect of
which would be to prevent, bar, or otherwise preclude any insured or
additional insured under the policy from making a claim which would
otherwise be covered by such policy on the grounds that the claim is
brought by an insured or additional insured against an insured or additional
insured under the policy.
4. Endorsements. Policies shall contain or be endorsed to contain, the following
provisions:
A. Additional Insured Status. City, its elected or appointed officers, boards and
commissions, officials, employees, agents and volunteers are to be covered
as an additional insured under all general liability, automobile liability and
pollution liability policies with respect to liability arising out of Licensee's
activities related to this License Agreement and with respect to use or
occupancy of the License Area.
B. Primary and Non Contributory. Policies shall be considered primary
insurance as respects to City, its elected or appointed officers, boards and
The Bluffs Homeowners' Community Association H-3
commissions, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from Licensee's
operations. Any insurance maintained by City, including any self -insured
retention City may have, shall be considered excess insurance only and not
contributory with the insurance provided hereunder.
C. Liability Insurance. Liability insurance shall act for each insured and
additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring company.
D. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this License Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, boards and commissions,
agents, officials, employees and volunteers or shall specifically allow
Licensee or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Licensee hereby
waives its own right of recovery against City, and shall require similar written
express waivers from each of its agents, representatives, consultants,
contractors and/or subcontractors.
E. Reporting Provisions. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to City, its officers, agents,
employees and volunteers
F. Notice of Cancellation. The insurance required by this License Agreement
shall not be suspended, voided, canceled or reduced in coverage or in limits
except after thirty (30) calendar days (ten (10) calendar days written notice
of non-payment of premium) written notice has been received by City. It is
Licensee's obligation to ensure that provisions for such notice have been
established.
5. Additional Requirements.
A. In the event City determines that (i) the Licensee's activities on the License
Area creates an increased or decreased risk of loss to the City, (ii) greater
insurance coverage is required due to the passage of time, or (iii) changes
in the industry require different coverage be obtained, Licensee agrees that
the minimum limits of any insurance policy required to be obtained by
Licensee or Licensee's consultants, contractors or subcontractors, may be
changed accordingly upon receipt of written notice from City. With respect
to changes in insurance requirements that are available from Licensee's
then -existing insurance carrier, Licensee shall deposit certificates
evidencing acceptable insurance policies with City incorporating such
changes within thirty (30) calendar days of receipt of such notice. With
respect to changes in insurance requirements that are not available from
Licensee's then- existing insurance carrier, Licensee shall deposit
certificates evidencing acceptable insurance policies with City,
The Bluffs Homeowners' Community Association H-4
incorporating such changes, within ninety (90) calendar days of receipt of
such notice.
B. Any deductibles or self -insured retentions applicable to the commercial
property or insurance purchased in compliance with the requirements set
forth herein shall be approved by City.
C. Licensee and Licensee's consultants, contractors and/or subcontractors
shall be subject to the insurance requirements contained herein unless
otherwise specified in the provisions above or written approval is granted
by City. Licensee shall verify that all consultants, contractors and/or
subcontractors maintain insurance meeting all the requirements stated
herein, and Licensee shall ensure that City is an additional insured on
insurance required from contractors, consultants and/or subcontractors.
D. For general liability coverage, contractors, consultants and/or
subcontractors shall provide coverage with a format at least as broad as
provided by Insurance Services Office form CG 20 38 0413. Unless written
approval is granted by City, contractors and/or subcontractors shall also
provide an additional insured endorsement at least as broad as ISO Form
CG 20 37.
6. City's Right to Revise Requirements.
A. The City reserves the right at any time during the term of this License
Agreement to change the amounts and types of insurance required by
giving the Licensee ninety (90) calendar days advance written notice of
such change.
B. Licensee shall give City prompt and timely notice of any claim made or suit
arising out of or resulting from Licensee or Licensee's agents,
representatives, consultants, contractors and/or subcontractors
performance under this License Agreement.
C. Licensee shall provide certificates of insurance, with original endorsements
as required above, to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City prior to
commencement of work or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this
License Agreement.
D. All required insurance shall be in force on the Effective Date, and shall be
maintained continuously in force throughout the term of this License
Agreement. In addition, the cost of all required insurance shall be borne by
Licensee or by Licensee's consultants, contractors or subcontractors.
E. If Licensee or Licensee's consultants, contractors or subcontractors fail or
refuse to maintain insurance as required in this License Agreement, or fail
The Bluffs Homeowners' Community Association H-5
to provide proof of insurance, City has the right to declare this License
Agreement in default without further notice to Licensee, and City shall be
entitled to exercise all available remedies.
F. Licensee agrees not to use the License Area in any manner, even if use is
for purposes stated herein, that will result in the cancellation of any
insurance City may have on the License Area or on adjacent License Area,
or that will cause cancellation of any other insurance coverage for the
License Area or adjoining License Area. Licensee further agrees not to
keep on the License Area or permit to be kept, used, or sold thereon,
anything prohibited by any fire or other insurance policy covering the
License Area. Licensee shall, at its sole expense, comply with all
reasonable requirements for maintaining fire and other insurance coverage
on the License Area.
The Bluffs Homeowners' Community Association H-6
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Insured
The Bluffs Homeowners'
Community Association
FV00001511
2414 Vista Del Oro, Newport
Beach, CA, USA, 92660
Compliant with Waived
Deficiencies.
Business Units) Print Insured Info
Account Information
Account Number:
Risk Type:
Do Not Call:
Address Information
Mailing Address
Insured:
Address 1:
Address 2:
City:
FV00001511
Professional
Services
Agreement
Address Updated:
Physical Address
The Bluffs
Homeowners'
Community
Association
2414 Vista Slope Below 635-637 Vista
Del Oro Bonita
Newport Newport Beach
Beach
State:
Zip:
Country:
Contract Information
Contract Number:
Contract Start Date:
Contract Effective Date:
Description of Services:
Contact Information
Contact Name:
Phone Number:
Fax Number:
E-Mail Address:
Approval Date:
Rush:
CA CA
92660 92660
USA USA
Contract End Date:
Contract Expiration Date:
Temporary Safety Form II:
License
Agrement
Misc:
Alt Phone Number:
aromero@keystonepacific.com; amunoz@ke
nepacific.com; certificates@bbcinc.com; mitt
esengcon.com; marco@diamondvalleyins.ce
Contract on File: No
Certificate Received: No
Indemnification Agreement: No
Tax Id:
This Account created by 936 on 02/13/2026.