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06 0046725
€ F rnR2DFD /FILED IN OFFICIAL RECORDS I
9.41 AM .IAN 09 2006
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
THIS FORM IS NOT TO BE DUPLICATED
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Number of AIN's Shown
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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 of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
I/
SPACE ABOVE LINE FOR RECORDING USE
SOLDIER BEAM SUPPORT LICENSE AGREEMENT
THIS SOLDIER BEAM SUPPORT LICENSE AGREEMENT
( "Agreement ") is made on this 12th day of December, 2005, by and
between the CITY OF SANTA MONICA, a municipal corporation organized
and existing pursuant to the laws of the State of California and its charter
( "City ") and, SANTA MONICA DEVELOPMENT COMPANY, 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, and commonly known as 219 California Avenue,
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, commonly known as Second Court, in the City of
Santa Monica, as depicted in Exhibit "B" attached hereto and incorporated
herein by this reference ( "City Parcel'). Developer plans to construct a
new 3 -story 3 unit condominium project above 1 level of subterranean
parking ('Project ") on the Development Property.
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C. 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 Parcel in the areas depicted in the
shoring plans for the Project on file with the City ( "Soldier Beam Support
License Area" or "License Area "). The License Area is also depicted on
Exhibit "B" hereto.
D. 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 Parcel
in the Soldier Beam Support License Area.
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 temporary license to perform subsurface excavation in the
License Area, to install foundation forms and supports in the License Area,
to install a soldier beam support system and underpinnings in the License
Area, 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. All
installations made by Developer in the License Area in connection with the
Project shall be made in the fashion that they shall be removable by City
after completion of the Project without affecting or compromising the
Project in the event that City decides to improve or change the use of the
City Parcel at some future date.
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 Area
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
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condition and use of the License Area; (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 Area or outside the License Area, 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 Area or on the adjacent
Development Property shall include language requiring each such
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 Area, 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 Area pursuant to this Agreement.
However, if the City undertakes a project located in the License Area,
Developer agrees to remove, at Developer's cost, all portions of the soldier
beam support system and underpinnings or any other related materials
installed in the License Area to the extent deemed necessary by the City.
Such removal shall occur in a time frame, which allows the City project to
proceed as scheduled, provided that the City shall provide Developer with
sufficient notice of the need for such removal.
4. Access to Install Soldier Beams. Developer may, through its
agents, employees or independent contractors, enter upon the License
Area 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
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at no time shall the activities contemplated under this Agreement impair
normal ingress or egress to the surface of the License Area.
5. Installation of Soldier Beams; Project Completion. All work and
entry upon or over the License Area shall be done under the supervision of
Developer. Installation of soldier beams will be completed in a timely
manner. Developer anticipates that construction of the Project should be
completed eight (8) 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
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 Area 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 Area.
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 Area.
8. License Fee. Developer agrees to pay City the fees for each
soldier beam installed in the License Area 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
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registered or certified mail. Any such notice or demands served by
registered or certified mail shall be deposited in the United States mail with
postage thereon fully prepaid, addressed to the party to be served and
delivered to the party if not by personal service, as follows:
If to Developer: Santa Monica Development Company, LLC
2512 Washington Avenue
Santa Monica, CA 90403
Attn: Wayne Lai, Managing Partner
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.
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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.
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6 004672
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.
CITY OF SANTA MONICA,
a municipal -corporation
By:
for on R. Anderson
Interim Cytiy, Mariager
-----ATTEST:
. j DEVELOPER:
City Clerk
APPROVED AS TO FORM
SANTA MONICA DEVELOPMENT
COMPANY, LLC, a California
limited liability company
A K a ..
Title: Manag'f Partner
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LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY
(219 California Avenue, Santa Monica, CA)
•
Exhibit A
Page 1 of 1
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EXHIBIT B
SOLDIER . SUPPORT
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219 GAHI ORNIA AVE.
Lol Y Block 74 T*,v of same Monks
parcel Map 27171
CALIFORNIAAVENUE
190' RIGHT OF WAY
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PLAN VIEW
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Y. I remova all so?d'et plies
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SECTION VIEW
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EXHIBIT "B"
ENCROACHMENT AGREEMENT
219 CALIFORNIA AVENUE
SANTA MONICA CA
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06 0046725 ALI
STATE OF CALIFORNIA
) ss.
COUNTY OF LOS ANGELES
On I,9- bey, 2005, before me, J(t /S- y ,
the undersigned, a Notary Public in and for said State, personally appeared
� . +t 1 -41 p ce — 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.
WITNESS my hand and official seal.
r ALEXANDRA KELSEY]
C0MM.41596227 a -�7
N0 ARYPUBLICCALIFORNIA 'Notary Public in and for said State
LOS ANGELES COUNTY ,�
My Comm. Exp. July 21, 2009
Description of Instrument
Title: SOLDIER BEAM SUPPORT LICENSE
AGREEMENT
Property Location: 219 California Avenue, Santa Monica, California
Document Date: , 2005
Number of Pages: 7, plus Exhibits A and B
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} SS.
County of Los � i S 1
On before me, eo k c' l
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public
personally appeared
MARIA M. STEWART
S Commission # 1559697
3 . -01 Notary Public - California
L Los Angeles County
My Comm. Expbesivar 15, 2
0
Names) of
*personally known to me
❑ 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 rand official seal.
Place Notary Seal Above
�y q Signature of otary Public
®i TI®NNL
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: '.
Document Date: E� V,24 65 - .10ii 0r, 1, Number of Pages: 1`"V - cot 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ 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
i
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHU PRINT.
OF SIGNER
0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder: Cell Toll -Free 1 -800- 876 -6827