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p-495 (2)TITLE(S) 9:21 AM jUN 30 2006 k III III 111111111111111111 FEE D.T.T. 0 0 OFFICIAL BUSINESS Document entitled to free Recording per Government Code Section 6103 Recording Requested By and When Recorded Mail To: City Attorney's Office City of Santa Monica 1685 Main Street, Room 310 Santa Monica, CA 90401 512FURM SPACE ABOVE LINE FOR RECORDING USE SOLDIER BEAM SUPPORT LICENSE AGREEMENT THIS SOLDIER BEAM S PPORT PCENSE AGREEMENT ( "Agreement ") is made on this ay of �/t 2006, by and between the CITY OF SANTA M NICA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter ( "City ") and Seaview Investment Co., LLC, a California limited liability company ( "Developer "). RECITALS A. Developer is the owner of that certain real property located in the City of Santa Monica, California and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Development Property "). B. City is the owner of certain real property located adjacent to the Development Property, in the City of Santa Monica, commonly known as Seaview Terrace and more particularly described in Exhibit A as Parcels "A" and "B" ( "City Parcels ") and depicted in Exhibit "B ", both of which Exhibits are attached hereto and incorporated herein by this reference. C. Developer plans to construct a 13 -unit residential apartment building and parking lot ( "Project ") on the Development Property. 1 t f D. In conjunction with the development of this Project, Developer proposes to install a soldier beam support system and other foundation forms and supports underneath the City Parcels in the areas depicted in the shoring plans for the Project on file with the City ( "Soldier Beam f Support License Areas" or "License Areas "). The License Areas are depicted in Exhibit "B" hereto. E. City and Developer desire to enter into this Agreement in order to set forth the terms and conditions pursuant to which Developer and its representatives shall be permitted to insert and maintain soldier beams and other foundation forms and supports beneath the surface of the City Parcels in the Soldier Beam Support License Areas. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Soldier Beam Support License. City hereby grants to Developer a license to perform subsurface excavation in the License Areas, to install foundation forms and supports in the License Areas, to install a soldier beam support system and underpinnings in the License Areas, and to take all reasonable and usual actions necessary in connection therewith. Any excavation and installation shall be at the sole cost, liability and expense of Developer and its agents, employees and independent contractors and shall conform to the drawings approved in conjunction with the issuance by the City of the building permit for the Project. 2. Indemnification: Hold Harmless. Developer shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees ( "City Entities "), from and against any and all losses, damages, liability, claims, suits, judgments, costs and expenses, whatsoever, including reasonable attorneys' fees, arising from or in any manner connected to: (i) alterations and improvements in the License Areas and adjacent Development Property, including but not limited to, all excavation, soldier beam installation and related activities performed by Developer, its agents, employees and independent contractors; (ii) the condition and use of the License Areas; (iii) the construction of the Project; and (iv) any negligent or willful acts or omissions of Developer, its agents, employees, independent contractors and invitees, whether such acts or omissions occur in the License Areas or outside the License Areas, 6 1455003 2 including, but not limited to acts or omissions on the adjacent Development Property. In addition, Developer shall ensure that its contracts with independent contractors performing work in the License Areas or on the adjacent Development Property shall include language requiring each such f contractor to (i) hold harmless, indemnify and defend the City Entities to the same extent as contractor has agreed to hold harmless, indemnify and defend Developer, and (ii) include the City Entities as additional insureds under policies of insurance covering Developer. 3. Removal and Ownership of Soldier Beams. Before completion of the Project, Developer must remove all soldier beams to a depth of five (5) feet below the existing surface grade of the License Areas, including all appurtenant shoring materials located within the five -foot area. With the exception of these requirements, Developer shall not be obligated to remove the soldier beam support system and underpinnings or any other materials installed in the License Areas pursuant to this Agreement. 4. Access to Install Soldier Beams. Developer may, through its agents, employees or independent contractors, enter upon the License Areas at various times for the purposes described in this Agreement. Developer may, to facilitate the construction of the Project, temporarily invade the air space above the License Area by construction cranes and other construction equipment, but Developer shall not unreasonably interfere with the public's use of the surface of the License Area. Developer hereby warrants that its agents, employees and independent contractors shall limit their entry upon the License Area to those instances where the activities requiring entry may not reasonably be performed exclusively on the Development Property. Developer further warrants that at no time shall the activities contemplated under this Agreement impair normal ingress or egress to the surface of the License Area. 5. Timing to Install Soldier Beams. All work and entry upon or over the License Areas shall be done under the supervision of Developer. Developer anticipates that the work contemplated by this Agreement for the installation of soldier beams will commence within the next two (2) months and should be completed within four (4) months thereafter. Developer further anticipates that construction of the Project should be completed within eighteen (18) months after execution of this Agreement. The time periods set forth in this Section 5 are estimates only. Developer's failure to commence or complete the work described in this Section 5 in the time O6 ld55003 3 , periods set forth in this Section 5 shall in no way whatsoever adversely affect Developer's rights as granted pursuant to this Agreement. 6. "As- Built" Drawings. Upon completion of the Project, Developer agrees to provide City with "as- built" drawings indicating the actual installed location of all subterranean encroachments into the License Areas arising from the work contemplated under this Agreement. Developer hereby warrants that City may rely on the "as- built" drawings for any future construction that City may undertake within the License Areas. 7. Nature of Shoring Licenses. The licenses and permissions granted herein shall commence upon execution of this Agreement and shall continue for such time as is reasonably necessary for the purposes set forth herein. These licenses and permissions shall not constitute, in any event, an easement or encumbrance against the License Areas. 8. License Fees. Developer agrees to pay City the fees for each soldier beam installed in the License Areas in accordance with the applicable City fee schedule. The final cost shall be calculated based upon the shoring design approved by the City Engineer. 9. Relationship of Parties. It is understood and agreed that Developer is an independent contractor and not the agent of City. 10. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 11. Notices. All written notices and demands of any kind which either party may be required or may desire to serve on the other in connection with this Agreement may be served as an alternative to personal service by registered or certified mail. Any such notice or demands served by registered or certified mail shall be deposited in the United States mail with postage thereon fully prepaid, addressed to the party to be served and delivered to the party if not by personal service, as follows: 4 06 1455003 If to Developer: Seaview Investment Co., LLC 735 E. Third Street, #210 Los Angeles, CA 90013 Attn: Jong Kim Title: Managing Member If to City: City Manager City of Santa Monica 1685 Main Street, Room 209 Santa Monica, California 90401 With a copy to: City Attorney City of Santa Monica 1685 Main Street, Room 310 Santa Monica, California 90401 Service of any notice or demand made by mail shall be deemed complete on the date of actual delivery as shown by the addressee's certified or registered receipt or upon the expiration of the second day after the date of mailing, whichever is earlier in time. Any party hereto may, from time to time by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed. 12. Waivers. Waiver by any party hereto of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or different character. 13. Other Agreements. This Agreement does not in any way affect the terms or validity of other agreements between the City and the Developer. 14. Assignment. This Agreement shall not be severable from Developer's interest in the Development Property. This License Agreement and the covenants, conditions and restrictions contained herein shall run with the land and shall burden the Development Property for the benefit of the City and shall bind Developer and its heirs, successors and assigns and every successor -in- interest of the Development Property. Any transfer of the Development Property shall automatically operate to transfer the benefits and burdens of this Agreement. Developer may freely sell, transfer, exchange or otherwise dispose of its interests in the Development Property or the Project without the consent of the City, but shall provide City prior written notice of any such transfer. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date herein first above written in the City of Santa Monica. FA":• _• _ • T iUaZt 1" 'Ayn(q'CC ' Mars �a Jo 's Moutrie City Attorney CITY OF SANTA MONICA, a municipal corporation amont etl ity Manager DEVELOPER: SEAVIEW INVESTMENT CO., LLC, a Califor ' imited liability company Title: Mana °grog Member E. 00 145500 I STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES � I On L - -15 , 2006, before me, _@bc,ba m the undersigned, a Notary Public in and for said State, personally appeared 36i\q ea�io la -w personally known to me — OR — proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as property owner. seal. BARBARA J. ARMSTRONG s Commission # 1654002 z 3 NoPory Public — Collfornlo `° los Angeles County My Comm, ngele Apr ni 201 p Description of Instrument WITNESS my hand and official 0-1' UZU Q Notary Public in and for said State Title: SOLDIER BEAM SUPPORT LICENSE AGREEMENT Property Location: 1751 Appian Way, Santa Monica, California Document Date: 'Jovte z.o 12006, Number of Pages: is plus Exhibits A and B 1 > i1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C` h�. 4t` �" v: ?N�v- �F1\4 /�..3`�%fil`GS52�F2N �'.^�`�'S`{YU �t� \4 /r:l�� /`:'/"C'�kJY �\+ iF�FLI�' �✓.\ L` k" L�' �s��Z` e' e;=. 2.<' �.' AS \_tlN�`:'l \.0 \hJ`�'.ft) \.§��>i r � ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TNESS m hand and official seal. Place Notary Seal Above - q q Signature of N ary Public ®r /y I y f011 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: ment � t Document Date: v 3 0 �e Number of Pages: ' 116 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT. OF SIGNER 0 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 Wcx_}/ RIGHTTHUMBPRINT OF SIGNER i�+�Wek.7`✓va; du :- cc�^% vr.% N. c; P��v; Sa:, ���! �\, ti�:vy�'.`v�e.�v.vr ;>•zv�.?W�.:U `�.u�•;,�� -:tint :,2,rJ' -x ^\�"> v�`.e, \��.wMV\ -v �,��.��rz.:,,,�� Q 2004 National Notary Associa8on • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3 -2 4152 Item No. 5907 Reorder: Call Tall -Free 1 -800- 876 -6827 ! = SOLDIER BEAM SUPPORT DESCRIPTION OF DEVELOPMENT PROPERTY Lots 5, 6, and 7 of tract #2562 in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 25 Page 36 of Miscellaneous Records, in the Office of the County Recorder of Los Angeles County. Exhibit A Page 1 of 1 06 1455003 SOLDIER BEAM SUPPORT LICENSE AREAS AND SHORING 1 Exhibit B 1 of 8 PARCEL "A" Those portions of Lots 5, 6, and 7 of Tract No. 2562 recorded in Book 25 r7� Page 36 of Maps, in the Office of the County Recorder of Los Angeles County, described as follows: Beginning at the Northwest corner of said Lot 5; thence S 440 17' 26" E 6.00 feet along the Northeasterly line of said Lot 5 to the true point of beginning; thence Southwest parallel with the Northwesterly line of said lots 5, 6, and 7, S 450 44' 00" W 118.00 feet; thence N 440 17' 26" W 1.67 feet; thence N 45° 44' 00" E 118.00; thence S 44° 17' 26" E 1.67 feet to the true point of beginning. PARCEL "B" Those portions of Lots 5 and 6 of Tract No. 2562 recorded in Book 25 Page 36 of Maps, in the Office of the County Recorder of Los Angeles Countv, described as follows: Beginning at the Northeast comer of said Lot 5; thence N 440 17" 26" W 5.50 feet along the Northeasterly line of said Lot 5 to the true point of beginning; thence Southwest parallel with the Southeasterly line of said Lots 5 and 6. S 45° 43' 40" W 64.00 feet; thence S 44° 17' 26" E 1.67 feet; thence N 45° 43' 40" E 64.00 feet; thence N 44° 17' 26" W 1.67 feet to the true point of beginning. IMMIRS= APPIAN 11 11..11__.. - WAY m N 44 1 / Zb YV ate.�- I I N hK Y No.5462 Ehp. 9 -30-06 *•,_� /'FPS I - i yy J ll 9 q , I � v I I j I - - - I I _ II ✓ / I I i / lT�7J 6 1455003 -- - -- PROJECT TITLE CEFALI & ASSOCIATES, INC.rL SEA VIEW TERRACE ,.o NSUaTT�G SlRUCTjRAL ENGINEERS -Ev.(3 .)752 -1312 Fav(3l8)752 -1319 SHEET TITLE - "° 04 049 SHORING PLAN LATE 4 -12 -06 ,AD DJl ,_G SS 3.Iwg SHEET_ SANTA MONICA, CA SK -1 -.ECK-_S BY: DC ;SCALE: N/S PRCPEPTY LINE v E —0" EASEMEn r 1' -8.. OTEL 1 E.L. 50.0 EL. 18. F.F. 17.50 12 CEFALI &ASSOCIATES, INC. CONSULTING STRUCTURAL ENGINEERS TEL .(B1B)>52 -1812 FA2(B16)752 -1819 FFDJECT NQ 04 -049 DpTi -. 4- 12 -06 CAD D`NG P.LC SS -4 &5 -Uwg DRAWN BY: LP C`1`_CI�D B'f: DC SCALE: 1 /S " -1' -0" TIEBACKS FROM ADJACENT PROJECT TO BE REMOVED 1/2 � 1 STAGE 1 EXCAVATION / RAKER SEE SEE DETAIL SCHEDULE 1 /SS -2 FOR / FURTHER INFO. 1 \ 1 RAKER PAD I a1 � SEA VIEW TERRACE SHEET TITLE NORTH WALL SECTION HEET SANTA MONICA, CA SK -2 I� PROPERTY LINE - -I �15' -0" SOUT'ri SECTION PILES O TO O CEFALI & ASSOCIATES, INC. CONSULTING STRUCTURAL ENGINEERS (618)757 -1812 FA %(819)752 -1919 PROJECT N0. 04 -049 .DATE, 4 -12 -06 CAD DWG FILE SS -4 &5.dw9 DRAWN BY LP CHEChEG 3Y: DC SCALE: 20JECT TITLE SEA VIEW TERRACE IEET TITLE SOUTH WALL SECTION J SANTA MONICA, CA I SK -3 L7 0 PROPERTY LINE Q1 AM vices 3x WOOD LAGGING SOUTH WALL PILES 0 TO O 3/4 "= V -0 �i w 0 it c I � NORTH PROPERTY LINE SOLDIER PILE 12" R.C. WALL_ / LK WALL PLAN SECT. 0 � 1$