HomeMy WebLinkAboutCREATIVE NURSERY CENTER - 1969-02-17 R AGREEMENT
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THIS AGREEMENT, made and entered, into ,this I nth day of October ,
�f
1968, by and between the city of Huntington Beach,_a municipal corporation,
hereinafter for convenience referred to as City, and Creative Nursery Center
hereinafter for convenience referred tc as Developer.
WlTNESSE5_1
WHEREAS, City required as a Condition of Approval of Division of Land
68-27 concerning parcel of land described as
Beginning at the intersection of the centerline of Graham Street
with the center line of Heil Avenue; thence South 890'35'30" west,
331.37' ; thence South 0*45140" east 131.441 ; thence easterly in a
direct line to a point in the centerline of Graham Street southerly
131.44, from the centerline of Heil Avenue; thence northerly along
the centerline of G'rabam Street to the point of Beginning.
Except therefrom the north 40.00' aad the east 40.00' for street
purposes,
that developer dedicate right of way and install street improvements for the
widening of Heil Avenue and Grasiam Street to its ultimate width along the
frontage of both Parcel 1 and 2 at the time ech parcel is developed and that
rakam Place be dedicated to standaras and improved as required by the
Department of Public Works, and whoreas Divisi:or, of "and Ma 68-2? is attached � t
hereto and made part hereof as if fully set ;Earth hereat, and
t7HEFEA8< the developer agrees tc dedicate the right of way on Heil p 'enue
al�;:ng the fu�ontage of Parcel 1. but that he desires to maize .use of the dedicated
parcel in connectior, with the development of said Parcel 1.
NOW, THEREFORE,, in oiAsiderati.on of the promises and agreements of the
parties herein setforth, the parties mutually agree as follows:
1. City agrees to n1low the developer to delay the construction o
improvements of Heil Avenue in front of Parcel 1 uz,,tile, the develop-
ment of Parcel 2.
2. The work which the develope. -is oblipated to perform has be(,1
estimated to cost $2,500.00.
STATE Or CAT.IFORNTA,
ss.
County of— Orange
ON 10/11 — , 168 , before me,
the undersigned, a Notary Public in and for said State, personally appeared
Hlohard J. Kreke ever And En in M. Ura,7man
known to me,
to be the persons whose name AL are subscribed to the within
Instrument, and acknowledged to me that—he._Y executed the same.
Z170 1Vxnvzss my hand and official rcl. +
AD1hIAW i -CUBB i
t" Mf,. pg.1('TYPED OR. PRINTED)
,.. .,... q - IR�Al+bbiQ{}.-�ti�t .;G K.�C^�rl[liii f07'.said State.
ACKNOWLEDGMENT..-GENERAL-.WOLCOTT5 FORM 239-.REV.0-62 -#�3 Bosxd
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3. The dev✓eloper agrees to provide to City a bond in the amount of
$2,500.00 to guarantee to City that developer will construct the
street improvements within a maximum period of two years after date
hereof.
4. The developer agrees to construct the street improvements in
Graham Place upon, request of the Directord.Public Works.
and does hereby let.�e �/
City agrees to lease/to developer the parcel to be dedicated
on Heil Avenue along t p .frontage of Paz^cel 1,�Rr the sum of
and hereby elf
$$1.00 per year pv4T the developer/indemnifies the City and
holds the Citya.��}}� its officers harmless from axy liability
gpdeveloper shall
whatsoever and t;z/incluue tho City as coinsuied on a yublic
liability insurance policy in such r—pany and such amcznt to
be approved by City and provide to y a certificate of such
Company insurance.
IN UITNESS ti'MOF, the parties have axecuted this agreement.
Creative Nursery Center
�Xa,�e of Develo er
By
l
"DeveloperV
Mayor of the city of Ii xatington e %''
Approved as to fnr
City erlc
Ass't. 'City Attorney,
ItCity"
i
GTkItC:$JLTU1sit.
.....�Smv INSURANCE COMPANY
4 WATERTOWN, NEW YORK
inn A Btook CompenT
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RIDES
To be attached to and form part of CONTRACT Bond No. 244544
effective the 15yth day of OCTOBER 19 68 s issued by the
Agricultural Insurance Company in favor of RICHARD J. KREKEMEYCR & ENGIN H. URA MAN,
a partnership DBA CREATIVE NURSERY CENTER
It is agreed that: THE WORK TO BE PERFORKP.D IS AMENDED 1'0 READ AS FOLLOWS:
"TO CONSTRUCT OFFSITE IMPROVEMENT AT 5432 HEIL AVE., HUNTINGTON BEACH, CP.LIFORNIA
MORE SPECIFICALLY 1<014 AS PARCEL ONE (1) OF D I VS I ON OF LAND, MAP 68-27"
APPROVED AS TO FORM:
DON P, BONFA
City Attonvy
By
LOU ANN MARSHALh i
Assistant .City of.
+ ,r
r
This rider is effective as of noon on OCTORr! i l g63 standard time
as specified in the attached bond.
AGRTCULTURAL INSURANCE COMPANY
Attorney-in-fact
Form 15818- 10.65
General Purpose Rider
M
f
gri�uliural IINSU aAN Ei COMPANY
gmurance�roup
WATERTOWN, NEW YORK
A Stock Company
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, RICHARD J. KREKEMEYER AND 'ENGIN M. URALMAN, a partnership DBA
CREATIVE NURSERY CENTER, as Principal and AGRICULTURAL iNSURANCE COMPANY,
a corporation, incorporated under the laws of the State.of New York and
authorized by the laws of the State of California to execute bonds and
undertakings as sole surety, as Surety, are held and firmly bound unto
the CITY OF HUNTINGTON ;EACH, Huntington Beach, California in the just
s' and full sum of TWO THOUSAND FIVE HUNDRED AND NO/100 Dollars, ($2,500.00) -
for the payment whereof, well and truly to be made, said Principal and
Surety bind themselves, their heirs, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OLLIGATION IS SUCH, That whereas the above
bounden Principal has enter-d into a contract, with the city o•, Huntington
Beach to do and perform the following work, to-wit:
TO CONSTRUCT OFFSITE IMPROVEMENT AT 5432 HEIL AVE., HUNTINGTON 'BEACH,
CALIFORMIA.
NOW, THEREFCAE, if tha above bounden principal shall well and truly
perform the work contracted to be performed under said contract, then
this obligation shall be void otherwise to remain in full force and ei'fect
SIGNED AND SEALED THIS 15th-DAY OF OCTOBER, 1963.
RICHARD J. KREKEMEYER & ENGIN M. URALMAN,
a`payers ip nBA CR TI NURSERY CENTER
BORED NO. 244544 BY: A.
a
PREMIUMS-.�'"3¢�c�0 BY:
.E_
,� 1
AGRICULTURAL INSURANCE COMPANY
L YOA r ATTORNEY-IN=FACT
STATE OF CALIFORNIA )
A
r ) ss.
COUNTY OF LOS, ANGELES)
On OCTOBER 15, 1968, before me, a Notary Public, within and for the said County
and State, personally appeared R. L. YOAKAM, known to me to be the person whose name
Is subscribed to the within instrument as the Attorney'-in-Fact of and for the
,;ERICULI'URAL INSURANCE COMPANY, Watertown, New York, and acknowledged to me that
he subscribed the name of the AGRICULTURAL INSURANCE COMPANY thereto as Surety,
and his own name as Attorney-in-Fact.
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ri PRINCIPAL 0FICE IN
" LOS ANGELES COUNTY Mi Vommirwon fxp+rao July 17.1911
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POEJA City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
February 11, 1969
Honorable Mayor
and ^ity Council
City (,T Huntington ;beach
Attention: Doyle Miller
City Administrator
Subject. Creative Nursery Cente
54 ;` Heil
Division of Land 63-27
Gentlemen:
Transmitted herewith is an agreement between the Aty of
Huntington Beach and Creative Nurt ry Center, whereby Creative
Nursery Center agrees to install street improvements on Heil Avenue
in front of .a development until such time as the adjacent property
is issued a building permit. Attached to the agreement is a bond
in the amount of $2,500 to guarantee the improvements. If the
owner were to install the street improvements in front of only one
parcel at -this time it would result in a drainage problem which
will not prevail when the improvements are installed in front of
both parcels.
It is recommended that the City Council approve the agreement
and instruct the Mayor and City Clerk to execute same.
There will be many more of these agreements to .enter into in
the near future. It is recommended that the City Administrator be
authorized to execute this type of agreements The City Attorn.ey''s
office has prepared a resolution which is also on toinight's agenda
that will mare this legally possible.
Very truly yours,
Names R. Wheeler
Director of Public Works
ti J'RW:HM.*ae
Trans.
February 18, 1969
Creative Nursery Centex
5432 Heil Avenue
Huntington Beach, California 92647
Gentlemen:
The City Cournci,l. of Huntington Beach, at its regular
meeting held Monday, February 17 11M, approv-1d an
agreement between Creative Nursery Centex and the City
for dedication of right-of-way and street irpxovememts
DID for the widening of Heil Avenue and Graham Street, as
rewired by Division of Land 68--27 e
Enclosed is a copy of the executed agreement and bored
for your information,
Sincerely yours,
Paul. C 4 Jones
City Clerk
All
PCJ aw