p-495 (2)TITLE(S)
9:21 AM jUN 30 2006
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FEE D.T.T.
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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.
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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
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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
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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
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STATE OF CALIFORNIA
) ss.
COUNTY OF LOS ANGELES
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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
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❑ 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
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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
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Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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RIGHTTHUMBPRINT
OF SIGNER
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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
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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
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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.
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6 1455003
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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
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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
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STAGE 1 EXCAVATION
/
RAKER SEE
SEE DETAIL
SCHEDULE
1 /SS -2 FOR
/
FURTHER INFO.
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RAKER PAD I
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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
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NORTH
PROPERTY LINE
SOLDIER PILE
12" R.C. WALL_
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WALL PLAN SECT.
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