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HomeMy WebLinkAboutChevron USA, Inc. - 1987-01-05y6LVVRUIIYU KCI,IUL+,1'tU BY AND MAIL TO ei l ,/,C1�1��%I AA i�� EXEMPT . 87r228329 C� C% t !/// C 1 P,91,9oxf9� jjU,tlT11v6-Ta,6,E,V11, (W PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHEVRON U.S.A., INC. THIS AGREEMENT made and entered into this �'Lh day of :3 g004 9 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, herein called "CITY", and CHEVRON U.S.A. Inc., a Pennsylvania corporation, herein called "LICENSEE". WHEREAS, in connection with the development of Chevron's Huntington Beach Terminal in Huntington Beach, California, LICENSEE requested and was required by the Department of Public Works of CITY to provide landscaping, specifically trees in cut outs and shrubs in public right-of-way in accordance with plans and specifications submitted by LICENSEE and approved by CITY: and WHEREAS, LICENSEE has provided for maintenance of portion of said improvements in public right-of-way as noted above (hereinafter referred to as "IMPROVEMENT AREA"), which area is set out and delineated in Exhibit "A" attached hereto; and WHEREAS, by this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the maintenance of the aforedescribed "IMPROVEMENT AREA"; and WHEREAS, said IMPROVEMENT AREA is located within the City of Huntington Beach, County of Orange, California, and more particularly shown on Exhibit "A", attached hereto -and incorporated by reference herein, NOW, THEREFORE, the parties agree as follows: 1. CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA for landscape purposes. This document, is solely for the Off4p.4 4­ni ho ino�'.�_i. 01' the City Gi' I' ,.,...M. ,'�,".,3I2 .i5•^.._._,2s :t< plated Sea. Cis» and should be recorded free of charge. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA ;too PM APR 27'87 1. COUNTY RECORDER 87r228329 2. The term of this license shall be perpetual, provided that CITY may at any time terminate this license upon thirty (30) days written notice to LICENSEE. • the LICENSEE] 3. During the term of this License,and/or its successors and assigns agrees to maintain the existing improvements of the area shown in Exhibit "A" and designated thereon as the "area of agreement" in good and satisfactory condition. Maintenance shall include but not be limited to watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing, performing general planting and trimming or other corrective maintenance, spraying with both insecticides and herbicides, and generally keeping the landscaped area in clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. The growth of all plant materials shall be controlled so that none protrude into bicycle or street areas to obstruct or hinder bicycling, or driving traffic, water, soil, or other materials shall not be allowed to flow or spray across or onto the bicycle path, or street right-of-way from the edge of the curb/gutter to the center of the street as designated on Exhibit "A". The IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such gardening and maintenance practices so performed shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards and Specifications, issued by the CITY Department of Public Works. 2. 87-228329 4. In the event any damage is caused to the curb, street or utilities as a result of the installation of the landscape material installed and/or maintenance of the IMPROVEMENT AREA, LICENSEE and/or its successors and assigns agrees to repair same at its own expense. 5. In the event LICENSEE and/or its successors and assigns does not maintain the IMPROVEMENT AREA in an adequate manner, CITY shall cause such maintenance to be performed adequately and all costs incurred shall be assessed to and billed directly to the LICENSEE and/or its successors and assigns. Payment shall be due within ten (10) days of billing. 6. The LICENSEE and/or its successors and assigns shall make no material change in the placement or type of plant material or other improvements utilized within the IMPROVEMENT AREA nor shall the design of the IMPROVEMENT AREA be materially charged without prior written consent of CITY. 7. This License is appurtenant to said Chevron's Huntington Beach Terminal, and may not be separately assigned apart from said property interests therein. The parties understand that prior to sale of said property, the future property owners, shall be informed and so agree to assume responsibility for maintenance of the IMPROVEMENT AREA. Upon recordation of a declaration of covenants, conditions, and restrictions approved as to form by CITY and future owners of said property, CITY agrees to consent to assignment of LICENSEE'S right and duties hereunder to the new owners and release corporation upon assumption by the new owners of the duties and obligations of this agreement. 3. 87-228329 8. For the term of this agreement, LICENSEE and/or its successors and assigns shall provide public liability insurance and agree to name the CITY as an additional insured and to hold CITY harmless as follows: (1) Combined single limit bodily injury and property damage: $1,000,000.00 in the aggregate. (2) Additional insured Endorsement: The Licensee agrees to name, in said public liability insurance policy as additional insured, the CITY OF HUNTINGTON BEACH, its officers and employees, when acting as such. (3) LICENSEE agrees to protect, defend, indemnify and hold harmless CITY, its officers and employees, against loss, damage, expenses or liability by reason of any suits, claims, demands and judgments caused by LICENSEE, its employees and agents, including independent contractors employed by it, arising out of or in consequence of the performance of this agreement. 9. This License is nonexclusive, and the IMPROVEMENT AREA shall at all times be open equally to use by the general public. 10. LICENSEE agrees that in the performance of this agreement and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. il. This instrument shall bind and inure to the benefit of the owners of Chevron's Huntington Beach Terminal and their respective successors, heirs, personal representatives and assigns, provided, however, that any person who conveys, assigns, or sells by recorded deed all of his or her interest in the property described as Chevron's Huntington Beach Terminal shall 4. 87-228329 thereafter be released from all duties and obligations under this agreement arising after the date that such person gives written notices of assignment to the CITY. 12. This agreement shall be recorded with the County Recorder of Orange County, California. 13. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. NO FURTHER TEXT ON THIS PAGE 5. 87-228329 14. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. LICENSEE: CHEVRON U.S.A., INC., a Pennsylvania corporation E. A. BYERS — Attorney —In —Fact ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF V'I`3NG N BEACH a ici a co poVi n thQ S e f�.0 o�a APP VEFS TO FOR: Ci y Attorney /i- /.� '96 Gv 1 INz ATED_4ND -P VED Director of Public Works 87-228329 n� On this alai day of AFL 19 , before me, a Notary Public)..n and for said County and State, personally appeared -se'Ck known to me to be the Mayor and _&jASa•. /` - known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL , bO�TN CONNIE A BROCKWAj e� P NOTARY PUBLIC — CALIFOR ORPN>xE 'COUNTY ors My comm. expires OCT 10, 87r228329 STATE OF CALIFORNIA COUNTY OF ORANGE On w+uft-*, 1987, before me, the undersigned, a Notary Public of the State of California, personally appeared E. A. Byers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as attorney -in -fact of CHEVRON U.S.A., Inc., a Pennsylvania corporation, and acknowledged to me that he subscribed the name of such corporation thereto as principal pursuant to a resolution of the board of directors and signed his own name as attorney -in -fact. WITNESS my hand and official seal. CNOTARRY FICIAT., SEAL NIE A BROCKWAY PUBLIC - CALIFORNIA ORANGE 'COUNTY mm. expires OCT 10, 1989 W a IM WO-0- K EXEMPT 47-228329 C1 CONFORMED COPY THE Not Compared with Origin"llY OFARKWAY HUNTINGTONNSE BEACHRAND ECHEVRONEEN U.S.A.I INC. THIS AGREEMENT made and entered into this j 'Lh day Of UGtrq Rq , by and between the CITY OF HUNT INGTON BEACH, a municipal corporation, herein called "CITY", and CHEVRON U.S.A. Inc., a Pennsylvania corporation, herein called "LICENSEE". WHEREAS, in connection with *_he development of Chevron's Huntington Beach Terminal in Huntington Beach, California, LICENSEE requested and was required by the Department of Public I,Vorks of CITY to provide landscaping, specifically trees in cut outs and shrubs in public right-of-way in accordance with plans and specifica*_ions submitted by LICENSEE and approved by CITY: and "HEREAS, LICENSES has provided for maintenance of portion of said .improver:ients in public rig.it-of-way as noted above re.inaf r eieec o as I_"PfiOVE: iEfvT K.A ,, w hi ch army. out aria deiineatea in. Exhibit "A" attached hereto; and ''hEREAS, by this Agreement, the parties hereto desire to ;iarify and specifically delineate their respective obligations; with respect to the maintenance of the aforedescribed "IMPROVEMENT AREA"; and WVhERLAJ, said irq? OvE1'iEN AREA :i5 1oca':cu rile ,: y _�Z huntington Beach, County of Orange, California, and more particularly shown on Exhibit "A", attached hereto and :incorporated by reverence herein, NOW, ThEREFORE, the parties agree as follows: 1. CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA for landscape purposes. This docnuent is solely for the official bt,17 _ness of the City of Hilint:.= -ton eac':9 as contem- plated a.__ . _ r_t Code Sec. 6103 and should be recorded free of &large. RECORDED IN OFFVAL RECORDS OF ORANGE COUNTY. CALIFORNIA *2 0o PM APR 2 7 '87 COUNTY RECORDER 2. The term of this license shall be perpetual, provided that CITY may at any time terminate this license upon thirty (30) days written notice to LICENSEE. the LICENSEE Y u - .;�vltic= 3. During the term of this License and/or its successors and assigns agrees to maintain the existing improvements of the area shown in Exhibit "A" ana designated thereon as the "area of agreement" in good and satisfactory condition. Maintenance shall include but not be limited to watering, repairing anti/or adjusting irrica+-ion sys?--_mc; when 4:ai_ltllreg occi-, fe-4-1 i- r;Y 1:)e r i general planting and trirnming'ior other corrective maintenance, spraying with both insecticides and herbicides, and generally keeping the landscaped area in clean, safe and attractive condition, *_aking into consideration normal growth -of the lanascape materials and a continuation of the aesthetic aualitv of 1- a- e r` n c t !', , t.. - , o f t r o r _he �.. _ c�c�� _. _ .. �, ai! plan.'_ rna er.i:�i5 shall we can _ o�.._ i so that none protrUae into bicycle or street areas to obstruct or hinder bicycling, or driving traffic, water, soil, or other materials shall not be allowea to flow or spray across or onto the bicycle path, or street rights' -of -way from the edge of the curb/gutter to the center of *he street as designated on Exhi,"it "A". The IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such gardening and maintenance practices so performed shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards and Specifications, issued by the CITY Department of Public Works. 2. i 4. In the event any damage is caused to the curb, street or utilities as a result of the installation of the landscape material installed and/or maintenance of the IMPROVEMENT AREA, LICENSEE and/or its successors and assigns agrees to repair same at its own expense. 5. In the event LICENSEE and/or its successors and assigns does not maintain the IMPROVEMENT AREA in an adequate manner, CITY shall cause such maintenance to be performed adequately and all costs .incurred s`la11 be assessed +-o and ni 1 ied directly ?-r) +-he LICENSEE and/or its successors and assigns. Payment shall be due within ten (10) days of billing. 6. The LICENSEE and/or its successors and assigns shall make no material change in the placement. or type of plant material or other improvements utilized wi. hin -lie IMPROVEIviENT AREA ncr .all `_i, e�igr c% Ili_ . UVENE �T. AREA _,e ra.'-�r.ia .1, without prior written consent of CITI. 7. This License is appurtenant to said Chevron's huntington Beach Terminal, and may not be separately assigned apart from said property interests therein. The parties understand that prior to. sale.of said property, the future property owners, shall be informed and so agree to assume responsibility for maintenance of the IMPROVEMENT AREA. Upon recordation of a declaration of covenants, conditions, and restrictions approved as to form by CITY and future owners of said property, CITY agrees to consent to assignment of LICENSEE'S right and duties hereunder to the new owners and release corporation upon assumption by the new owners of the duties and obligations of this agreement. 3. 8. For the term of this agreement, LICENSEE and/or its successors and assigns shall provide public liability insurance and agree to name the CITY as an additional insured and to hold CITY harmless as follows: (1) Combined single limit bodily injury and property damage: $1,000,000.00 in the aggregate. (2) Additional insured Endorsement: The Licensee agrees to name, in said public liability insurance policy as additional .insured, the CITY OF HUNTINGTON BEACH, its officers and employees, when acting as such. (3) LICENSEE agrees to protect, defend, indemnify and hold harmless CITY, its officers and employees, against loss, damage, expenses or liability by reason of any suits, claims, demands and judgments caused by LICENSEE, its employees and agents, including independent contractors employed by it, arising out of or .in consequence of the performance of this agreement. 9. This License is nonexclusive, and the IMPROVEMENT AREA shall at all ti-imes. be ,,pen ec; ually to use by `he gene ai pub'Lilic. 10. LICENSEE agrees that in the performance of this agreement and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. 11. This .instrument shall bind and inure to the benefit of the owners of Chevron's Huntington Beach Terminal and their respective successors, heirs, personal representatives and assigns, provided, however, that any person who conveys, assigns, or sells by recorded deed all of his or her interest in the property described as Chevron's Huntington Beach Terminal shall 4. thereafter be released from all duties and obligations under this agreement arising after the date that such person gives written notices of assignment to the CITY. 12. This agreement shall be recorded with the County Recorder of Orange County, California. 13. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. NO FURTHER TEXT ON THIS PAGE 5. 14. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force aria effect excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers - the day, month and year first above written. LICENSEE: CHEVRON U.S.A., INC., a Pennsylvania corporation E. A. BYERS Attorney -In -Fact ATTEST: s City Clerk �4 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. City Attorney INI!ZZATED,AND AP -PR ?VED Director of Public Works pew On this day o:19k_7—, before me, a Notary Public in and for said County and state, personally appeared '"Sms'k Vi a!q , known to me to be the Mayor and 029&16 , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. (>FF?r? LSE On, BROCKWAy li CONN t� NOTARY PUBLIC - CALIFORNIA 0R..Ar4CE CIPN1Y ^;y a:Mln.. expi � UCT 10, 1989 STATE OF CALIFORNIA ) } COUNTY OF ORANGE ) On A,ur►R , 1987, before me, the undersigned, a Notary Public of the State of California, personally appeared E. A. Byers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as attorney -in -fact of CHEVRON U.S.A., Inc., a Pennsylvania corporation, and acknowledged to me that he subscribed the name of such corporation thereto as principal pursuant to a resolution of the board of directors and signed his own name as attorney -in -fact. WITNESS my hand and official seal. j Ty 1; otr:m exp'-e; N k - pI0T i 0 MUNU5 CA1� UNIANA 0 CAf��LiNA LAUrtL CHL�i� " 23 CUPANIUP51�__A�AGARD _ �„-�- GARRDTWODD T �E ALL 5HRUI5 Me,E ,S RELIEVE Z" LMER OF COMFAGTED 9ECOMP05E9 bF)AN ITE ,?NC*, TO LMINII L ANITE , GDNTRAGIOR 5"DtuL INSTALL BLALVi VI OOMN PLASTID • LANDSCAPE pj%A5 i0 6E lF)F)IbA1E0 w� Pi�1P 1RKI(aAT10N 5f57EM PLANT 5M,1 FILL 50)L REMOVAL WILL B, DE1E�,MItd�D B{ LICENSED 501E ANALq�5 LAO LANDS GAPt VETLIL5 r 20 JUNI PERUS GN I NEN515 PIR051 �iATA 5 I�AL. PM;I ATA . JUNiPtR l u:•, , �� . CI_R1 61=ii:..'f L. Of 6P�SU"R.ANCE .y,, a.,..iy.i Fr,rm: L .. f h C,att ?iuttun, +:+ty .Alturnoy•>d�s7 CITY 6. tiUN11Nd',ll.iv 13EACH,CALI1i0 t. )' 0l : L lily � � s is trl cart fy that tlie,'poflct:1 of insurance as dnsr:rik>er.i iinluw ha'rn moon irs ad to the ins y the understgned and are in oral ihis tirne. It these, poliG►t�;ete cancalied or charged in t,,ch a manner that will a ec this certificate, the insurance company agrees 'live '10 rae,L prior wnttern ri+otics; 0,,V,:rnaiI, to City of Huntington Beach, P. C). 13ox 711, liuntinpttyn I9each, C:alifornla 9?648. ALI. t.IVIS htUST BE C( MP4E,T:EC,I, ANY �DE.LETION OR CHANGE IN THIS FORM SMALL BE SIGNED AND DATED 8Y AN TIiVEi t l(MUFNI2GD, REPRE5EfU'f/M'yC)F'THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ;1JORNEY.. a+Tte of Insured CIIEV'RON U. S.A.. INC. 17881 Gothard. Street, 'Huntington Beach, CA 92648 _ ,.(idless of Insured ------- .,, �*�^^^��------ it11 t7ie-icUnt:ington lac 1, �ouiity o range, _ocation of Work or nperationt to be performed as sh+awn on Exhib_it___''A." _ _._._-------- Devel.;opment of Chevron's Huntington Beach Termin.:al )uscri lion of Work or 0 sratipns p P p•roci-cl�"'srrd'i1T�iTtY'�2i'r"t�tiS�C 3"Y1Z�" '---ty ;rly' P�,rLIt:Y�Ui1TE5 "-�` LIMiTSOF LIABILITY. I NAME OF COMPANY 0 CPCLCY MPOLIC)ES.IN FO.ACE fnLxpirAIn Thousands (to) IIN5.1 GENERAL LIAB!LITY'-`il`a'!;, COMP RE HENSIYE fQRMI se insure( 8/2,:)/86 8/31/87 ;i .• PREMISES - OPERATIC)NS `, Each Occurame 1 EXPLOSION AND COLLAPSE HAZARD' . j tJNDLRGROUND HAZARD ` i' I. PROCUCTS COMPIEiTEO. OPERATIONSAA4ARD ; >� I CONTRACTUAL INSURANCE B"iOAD FORM PROPERTY DAMAGE" .?i •; f INDEPENDENT CONTHACTORS I PEHSONAL INJURY 1 .;V:t.1F:%C•',:n:.S1'v'2 I Qtlni I( lC)(�(7y000 OWNED EochOccurance i I HIfiED . i I NON OWNED EXCESS LIABILITY UMF.RELLA FORM I f n/a r OT ►iER THAN, ` UMBRELLA FORM WORKERSCOMP ENSATICIN and I $ loo, 000 EMPLOYEnS' LIABILITY Additional Insured Endorsement: the insurer a(jrr:es that the City of Huntington Beach and +ts Ci`iy Council, find/or all City Council appointed groups, eommillr.e. cbmmissions,.boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the ,;.rty of Huntinc tcln Beactt„when acting as such are additional insureds hereunder, for the acts of the in;urea, and such insurance shall i)e primaiy to any insurance of the City of Huntington Beach, as their interest ntay appear. Cate - n/a self-ins'ured II AUTHORIZEIR R?EPR!:SENTATIVL.Of- I,NS:,"RANCECOMPANY N A iySURANCE-COMPANY - — Nall - _ . _ ..___ _- 1 Address - Address .__ City City . _ _ __ _ ._ Talephone------- x.ssx:.ri::s:asr,amar:c..es:ssa:aaawrarsaw.._.�-._^..,..�.•mmunarsa,-_„a:.i...u,�:.:_Saar..,a,:.•--xe:_:aaes:;.a:ec=:r ..-^. _....._�...,,,,„. -�:�xsem HOLD HARMLESS AGREEMENT Corporation (-a be executed by Insured) The insured ' --• agrees to protect, defend, indemnify, save, and hold harmless the Ctt.y of Huntington Beach its otficere, events, and employtits arfminst any liability, iass, damage, cost, or expense by reason of any aria all Mobility, suits, claims. demands, )udgments and c4usel of Action caused by insured, his omployeas, agents or any subcontra:Ltor crr by ainy third party ail l out of or in consequenco of ithe periormance of pl/I or an a •operatio or BF 'vity If /r, hich this certificate of Inw(anca 6 furnished. ,(I) Sole Proprietorship (a) Partnersh p A1.).Cor ra^t'i�on;' 44) Other (state) �` �' (,�' Y f �� ,i;-'61%r � MSF,ISTANr Sf!C10TAVY HOLD HAdiMLESS SIGNED: fly Insured: b a !r� G�!: := T'Itin --- ----------------- I;411 named %hail be printed w tyM+d below OiKh signature.) , {!`r(! •'�' / t i r / 1;{.r �Titk+ �_.__.._ F_ PtiE9tD!?!li - ----._... Pi l'rll ii S. Hobin 11 Curporauon. fW0 Officers must sign, of praemnt r:ytdar.ca+ of nuthoriiation io blind Corporation. 2000 MAIN STREET April 30, 1987 Chevron U.S.A., Inc. 17881 Gothard Street Huntington Beach, CA 92648 Attn: E. A. Byers OF -ICE OF THE CITY CLERK J CALIFORNIA 92648 Enclosed is a duly executed copy of the Parkway License Agreement between the City and Chevron U.S.A., Inc., which was approved by the City Council January 5, 1987. Alicia M. Wentworth City Clerk AMW:bt Enclosure Telephone: 714-536-5227 ► �• ' CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To From CONNIE BROCKWAY ROBERT SANGSTER Deputy City Clerk Deputy City Attorney Subject Date CHEVRON U.S.A. Acknowledgment April 20, 1987 Attached is a form for acknowledgment of the Chevron deed. Please also get a copy of Byers' power of attorney. ROBERT SANGSTER Deputy City Attorney 2000 MAIN STREET OFFICE OF THE CITY CLERK April 22, 1987 Chevron U.S.A., Inc. 17881 Gothard Street Huntington Beach, CA 92648 Attn: E. A. Byers CALIFORNIA 92648 Enclosed is a duly executed Parkway License Agreement between the City and Chevron U.S.A., Inc. pursuant to conditions of approval for Use Permit # 85-22 (Northwest corner of Gothard Street at Talbert Avenue)• The City Council approved this agreement on January 5, 1987. When this agreement has been recorded, a copy of the recording infor- mation will be sent to you. Alicia M. Wentworth City Clerk AMU: CB: js Enclosure ( Telephone: 714-536-5227 ) REQUE FOR`;CITY COUNC#kCTION Date December 15, 19 86 Submitted to: Honorable Mayor a O &� y Cbuncil APPROVED By CITY C . Submitted by: C. W. 'Thompson, City Administra otm;61L - --1-- =_ -7._ Prepared by: Paul E. Cook, Director Public rks Subject: PARKWAY MAINI'E WCE AGR== WITH CEMVRON USA, INCOP2O CITY cr Consistent with Council Policy? [ x] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATE = OF ISSUE. In accordance with the conditions of approval for Use Permit Number 85-22 (northwest corner of Gothard Street at Talbert Avenue) , the Developer is required to maintain all landscaping within the public right-of-way. Approve the Parkway Maintenance Agreement between the City of Huntington Beach and Chevron USA, Incorporated. ANALYSIS: On June 18, 1985, the Planning Commission approved the conditions of approval for Use Permit Number 85-22 to include specific reference to the maintenance of landscap- ing within the public right-of-way. In accordance with the condition of approval, the Public Works Department initiated the attached agreement. FUNDING SOURCE: N/A ALTEPUATIVE ACTION: Deny approval of the agreement as written. ATTACHMENTS: Maintenance Agreement PEC:JH:ik PIO 5/85 G"FIEID ORKTOWN KX5 huntington beach planning division 'LAN NFNG SECTIONAL DISTRICT MAP 26 ®5-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP n fix• WARNER REQUEO FOR CITY COUNCOACTION Date December 15, 19 86 Submitted to: Honorable Mayor and City Cbuncil $� Submitted by: C. W. 'Thompson, City Administra Prepared by: Paul E. Cook, Director Public Works C-�' kSubject: PARKWAY MAINTENANCE AGREEI�]T WITH CE-IEV�N USA, INCO RAT�ED Consistent with Council Policy? [ Yes [ ] Now Policy or Exception �� o Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STA'IEr'IIIVT OF ISSUE: ki y` k7 In accordance with the conditions of approval for Use Permit Number 85-22 (northwes corner of Gothard Street at Talbert Avenue) , the Developer is required to maintain all landscaping within the public riot -of -way. Approve the Parkway Maintenance Agreement betneen the City of Huntington Beach and Chevron USA, Incorporated. ANALYSIS: On June 18, 1985, the Planning Commission approved the conditions of approval for Use Permit Number 85-22 to include specific reference to the maintenance of landscap- ing within the public right-of-way. In accordance with the condition of approval, the Public Works Department initiated the attached agreement. FUNDING SOURCE: N/A ALTERNATIVE ACTION: Deny approval of the agreement as written. ATTACHMENTS: Maintenance Agreement PEC:JH:ik P10 5/85 G"01ELD Do 'Otts huntington beach planning division Distribution: White: Requesting Department Yellow: Office Control File Pink: Assigned Staff Member REQUEST FOR LEGAL SERVICES FOLLOW-UP MEMORANDUM To: Connie/Clerks Office From: Office of the City Attorney Subject: Your Request for Legal Services Date: 4/17/87 This will acknowledge receipt of your Request for Legal Services, below listed. Dated: 4/17/87 Type of Legal Service Requested: [ ] Ordinance [ ] Insurance C ] Resolution [ ] Bonds [XXX] Contract/Agreement [ ] Opinion [ ] Other: Description: Chevron Agreement This Request for Legal Services has been assigned to Bob Sangster for handling. Re/she can be reached through extension 5555. The Control Number assigned to this request is: 87-223 Please reference this number when making any inquiries in regard to this matter. Thank you. 0673L 6w lei -:Vic