REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Steve Bogart, Senior Civil Engineer
Subject:
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Approve the Execution of a Landscape Maintenance License Agreement with Nash-Holland 18750 Delaware Investors, LLC for the Paxton Apartments Project
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Statement of Issue:
A Landscape Maintenance License Agreement between the City and Nash-Holland 18750 Delaware Investors, LLC (owner/developer) is presented for City Council approval and execution for the Paxton Luxury Apartments Project, located at 18750 Delaware Street (east side of Delaware, south of Main Street and west of Florida Street). This Agreement transfers the maintenance obligations for landscaping and hardscaping improvements within the public right-of-way to the owner/developer of the property, and satisfies the project’s Conditions of Approval.
Financial Impact:
No funding is required for this action.
Recommended Action:
recommendation
Approve and authorize the Mayor and City Clerk to execute and record the Landscape Maintenance License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC to provide installation and maintenance of landscaping and hardscaping improvements in the public right-of-way for the Paxton Luxury Apartments Project.
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Alternative Action(s):
Do not authorize execution of the License Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC, for the Paxton Luxury Apartments Project. Make findings for denial, and direct staff accordingly.
Absent this agreement, the City would be responsible for maintenance of the improvements within the public right-of-way associated with the project, resulting in increased future maintenance costs. Additionally, without this Agreement, the developer would be unable to satisfy the project’s Conditions of Approval.
Analysis:
The Paxton Luxury Apartments Project is a multi-family apartment development located on the east side of Delaware Street, south of Main Street, and west of Florida Street. This project involves construction of a new five-story apartment building with 346 units, a parking garage, onsite and offsite utility upgrades, and improvements to the existing public infrastructure along the site’s Delaware Street and Florida Street frontages. The project’s development requirements include construction of (and future maintenance responsibilities of) landscaping and hardscaping improvements within the public right-of-way, along these frontages.
To document this responsibility, the developer/owner is required to execute a Landscape Maintenance License Agreement for all landscaping, irrigation, street furniture and hardscape in the City right-of-way along the project’s frontages. In addition to landscaping and irrigation, the agreement addresses sidewalk cleaning, trash disposal, signage, pedestrian-scale lighting, tree replacement, and all other aspects of maintenance. The property owner shall be responsible for all costs associated with maintenance, repair, replacement and liability for these areas.
Public Works Commission Action: Not applicable for this request.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Landscape Maintenance License Agreement
2. Location Map
3. PowerPoint Presentation