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HomeMy WebLinkAboutDean Koci and Donna Koci - 1987-10-19Recording requested by: City_ of Huntington Beach When recorded mail to: Aftk s w���V P i` Office of the City Clerk , ,.,. City of Huntington, 2000 (fain Street �p 7 Huntington Beach, CA; 92648 AGREEMENT BETWEENCITY AND DEAN G AND DONNA GENEKOCT FOR ACCEPTANCE OF DEPOSIT IN LIEU OF SAT-ISFACTION OF CONDITIONS OF DEVELOPMENT THIS AGREEMENT, ma:1e and entered into thils 7` day of hLt l,,r7 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Dean G and D nna Gene Koci, ar, individual, hereinafter referred to as "DEVELOPER". WNEREAS, DEVELOPER is required by Huntington Beach Ordinance Code (hereinafter HBOC) §9730.4 to dedicate to CITY a portion of 7762 Speer Street in the City of Huntington Beach, for public sx eet and sidewalk purposes and to maize the required public improvements (herein "Improvements") thereon-, and, DEVELOPER has dedicated said real property but desires to delay the construction of said Improvements; and CITY is empowered by its ordinances to grant to DEVELOPER permission to delay said Improvements upon the terms and conditions set fort:: herein; and The Imp: <ovements required by CITY to be completed by DEVELOPER on the above described parcel are: curbs and gutters, sidewalks, driveways, paving and pavement removal. NOW THEREFORE, in consideration of the pr%anises and conditions herein set forth, the parties agree a.a follows; .. DEPOSIT Pursuant to HBOC §9730.14, DEVELOPER, upon exec.•' icy< of this Agreement, will deposit with the City Treasurer the AECORDW InOFMCIAR PF:Coj 'OS OF 7AATdG oCsUNTY oAUFOR&,€� PM a� .i This document is f,ololy for thy, 01'fiG3al bu$tness of the fifty Of Runtiagtosi Beach, za coutejt ;mated under Goverment code 300. 6103 6zd should be recor4ed erne n! sum of t4,338.00, which sum is equal to 150% of CITY'S estimated cost for Improvement construction required hereunder. The deposit may be in cash, by cashier's check, or by corporate surety bong. 2. NOTICE TO CONSTRUCT IMPRO%rEMENTS Upon notice in writing f4om CITY to proceed DEVELOPER will construct all required Improvements tr the CITY's speci- fications and to the satisfaction of its•, inspectors. h1l work shall be performed within 90 days of the date of the notice to pr !,...,ed, but shall in any case, with or without nz)tice from CITY, be completed within two (2) years of the date of execution hereof. No worn shall be deemed complete until. formally accepted by CITY. 3. ACCEPTMICE OF IMPROVEMENTS - RETURN OF C&SH DEPOSIT If DEVELOPER has made cash deposit with the City Treasurer under Section 1 hereof, uprn CITY's acceptance of the Improvements the DEVELOPER may demand return of said deposit which shall be returned, with legal interest, within 30 days of said demand. 4. DEVELOPER 'BREACH OF COVELVT 7T TO CONSTRUC L In the event that DEVELOPER fails to satisfactorily complete construction of the Improvements within ninety days after CITY's notice to ptocepd, CITY, at its sole option, may invade the deposit and utilize same to complete the cc..zstruction Improvements as herein set forth. ArAy monies remaining unspent shall be xeturned to DEVELOPER as provided in. Section 3 hereof. 2 Alk 5. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All Improvements hereby required will be constructed in accordance with the CITY's plans, specifications and .requirements applicable to similar work usually performed under contract to CITY and which are in effect at the time of construction.. 6. INSPECTION: CITY shall control. work in all public - job sites and dedicated areas_ CITY may inspect the construe:- tion of Improvements at all reasonable tiz:es. CITY will cooperate with DEVELOPER to provide access to CITY -owned utilities and allow all necessary encroachments to public or CITY -owned property, provided, however, that the entire cost thereof shall be 'borne by DEVELOPER. 7. WARRANTY: All Improvements shall be fully and absolutely warranted by DEVELOPER as to materials and workman- ship for one (1) year after the date of their acceptance by CITY. S. PUBLIC WARNING AND PROTECTION: DEVELOPER shall at all times until CITY'S final acceptance of the Improvements give good and adequate warning to the tra.,�Aling public of each and every defective or dangerous condition %ithin and adjacent to public streets and highwaya and the Improvev.ant site and will protect the traveling public from such defective or dangerous conditions. It is understood and agreed that until the completion of all the Improvements herein agreed to be performed, the Improvement site and each of said streets and h..ghways not accepted as improved shall be under the exclusive control of DEVELOPER for the purpose of this Agreement. With the consent of the City Fngineer, DEVELOPER. may close all or a portion of any or highway street whenever it is necessary to protect the traveling public during the making of the Improvements herein agreed upon. DEVELOPER hereby agrees to pay for such inspection of streets and highways as may be required by the City Eagineer. 3. INDEMNIFICATION --COVENANT TO SAVE AND HOLD HARMLESS: DEVELOPER hereby agrees to protect, defend, indemnify and bold and sane harmless CITY, its officers., and employees against ary and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to DEVET•OPER'S employees, contractors or subcontractors, and. damage to property, arising directly or indirectly out of the obligations herein und.ertakert by DEVELOPER, or out of the operations conducted by DEVELOPER, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out o>� the sole negligence or sale willful misconduct of CITY. DEVELOPER will defend any such suits at its sole cost and expense when so requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 10, WORKERS' COMPENSA:TI'Mz DEVE:I,OPFIR shall comply with all of the provialons of the Worker's Compensation Insurance- and Safety Acts of the State of California, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit., actions, proceedings and judgments of sverynature axis description, including 4. Aft attor.ney's fees and costs, presented, brought or recovered against CITY, for or on ac•,ount or any liability under any of said acts which may be incurred by reason of any work to be performed by DEVELOPER u:Lder this Agreement, and shall provide to CITY, on CITY'S form, evidence of 1;7orkers' Compensation Insurance or self-insurance satisfactory to t,:, City Attorney. 11.. GENERAL PUBLIC LIABILITY INSURANCE: DEVELOPER shall maintain in force during the construction period and until CITY's final acceptance of the Improvements, at DEVELOPER's sole expense, a general public liability policy in which CITY, its officers and employees are Additional Named Insureds. Said policy shall insure DEVZwLOPER against any and all loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of or in consequence of DEVELOPER's performance of this Agreement. The policy shall provide for not less than the following coveraget Combined single limit bodily injury and/or property damage including products liability and vehicles, owned and non -owned: t1,000,000 combined single limit per occurrence. Said policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Poard of Casualty Underwriters, together with such endorse- ments as are required to cover the risks involved.. DEVELOPER shall arrange for the policies to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. Evidence of such insurance shall be furnished to CITY on the CITY`s certificate form and sha.1 be approved by the City Attorney:. Any such policy mu�5t contain a pro,>is:ion of d_, 7 �.. _ ., z: .. , written notice to the CITY of the expiration or cancellation. of an-, of the insurance policies required hereunder not less than; thirty (30) days before such expiration or cancellation is effective. 12. LI.XBILITY FOR WORK: In addition to the covenants to hold and save harmless and to provide i lsl.�rance set foth herein, the parties agree that neither CITY nor any officers or employees thereof shall be liable or responsible for any accident, loss or damage happening or occurring to the work sgecifi.ed in this Agreement prior to the completion and acceptance of the same by CITY, nor shall CITY or any officer or employee thereof be liable for any person or property injured by reason of DEVELOPER'S work hereunder, but all of said liabilities shall be assumed by DEVELOPER. DEVELOPER further agrees to protect and defend CITY and the officers thereof from all liability or claim because of, or arising out the use of any patent or unpatented article in one construction of Improvements hereunder. 13. ATTORNEYS :SEE: In the event suit is brought by CITY to enforce the terms and provisions of this Agreeement or any bond given to secure the performance hereof, a reasonable attorney's fee, to be fixed by the court, shall be paid by DEVELOPER in CITY's favor. 14. NOTICES: All notices required or permitted here- under shall be delivered in peraon or by registered or certz. fied mail to an authorized representative of the party to wi,tom delivery is to be made, at the place of business of such party, or to any ether place designated in writing by such party. 6. AfTSSi f/T tlV�E ff #'fs p"/fl' f . STATE OF CAL FORNIA �/q ! ss !INDIVILTU.I)b Ct?i3?v'TY OF 1 On this �_1 L___.2ay of _ �� _ tgSl before me, the widersigned, a Notary PLhti: in an3 hm sxi_2 County, personaliv appeared-- { personaliy kn.nvn to me, or proved to mt on the basis of satisfactory evidence to be the pc.sows whose namels) Isla su scrikedto the within instrument, w s and a.knou iedged tome that � executed the same. �« aQe�» Kip a Witness my hand ar,d :>ffittal seal. r a J CANNIl20 ��'��A � � '7 a.,+t d't `" ;' aY t.t Y''" t♦ i;A�. tFx',ttts'A 'Qut.iry v . ubtrand an d for szi u�ace :lame ; Cylxr (f Prtn (iWs Mete tot dflitacl aatartal3tat) .... , µ......... _ ...., STATE OF CALIFO".IA COUNMY OF ORANGE ) on thI S _ J f` day of �.,m. -CAI , 19Y % , before me, a Not Public in nd for said County and State, ;personally appeared r, known to me to be the Mayur and t.� known to me to be the, s< G City Clerk of e,'a City of Huntington Be ch, tha municipal corpoz�ac�on that executed 4. tha within instrwa+nt, known to me to ba the parsons who executed the within inntruimnt on behalf of said municipal corporation and acknor*4Ndled to m>4 that such municipal corporation executed this same. �' Lbf�4J�fl1e ASM My Gomm. V. ,Pine 24,ft 1990 +1 i 87-617762 15.. RECORDATION: pursuant to California Government Code §66499(b), this Agreement sball be recorded with the County "ecorder of tlxe County of Orange, California. 16. ENTIRETY: The foregoing represents the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to bQ executed by their officers thereunto duly authorized upon the day, month and year first above written. DEVELOPER: DEAN G%DONNA ITX OF HUNTINGTON BEACH GENE KOCI, an individual mun pal cor orat'. o -t'fzt.• 9,ta -e o Ca nia b Jj�''By Dean G%Donna Gene Koci � INITIATED AND "PROVED: Director o­f­--P7u-blic Works a R13VIEWED 7ROVED • City AumznisLrator APPROVE} AS TO FORM: ls_ C. Attorney ATTEST: City C1erR i Vd.-w U' b.11 ON EXHIBIT "AM (Improvement Costs Breakdown: x 150%) Curb & Gutter Sidewalk Asphalt Base Payment Removal 660.00 660.00 680.00 430.00 462.00 R92.00 150$ = •3— 3S.0�.0 OFFirE OF THE CITY CLERK November 13, 1987 Dean G. & Donna Gene Koc 7762 Speer Avenue Huntington Beach, CA Enclosed is Conformed. Copy with the recorded information on the Agreement with the City for Acceptance of Deposit in Lieu of Satisfaction of Deposit in Lieu of Satisfaction of Conditions of Development with was approved by the City Council on October 19, 1987. Alicia M. Wentworth City Clerk AMW:bt Enc i Alk P_ c FOR CITY C Hate October 2, 1987 Submitted to: Honorable Mayor and City Council"`' Submitted by: Paul E. Cook, Interim City AdministratorKI Gti `l Prepared by. Paul E. Cook, Interim City Administrators „ . �,�'� k '. •�' ova .� Subyect: AGREEMENT BETKEEN CITY AND DEAN G . AND I)ONNX GENE CIS � o��q. Consistent with Council Policy? yes [ New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative actions, Attachments: ....C,,.rt'..:s�asi,,, ._-,.s: aT ,�,.'..laFgYS.";, .,dry✓.,r,r.ri,.�._�" .,, '�G#x7.�4 jT STATF.MF.NT OF ISSUE: Dean and Donna Gene Koci are developing at 7762 Speer Avenue and because of a drainage prohlem, are Itnable to install the required street improvements at this time. ocrntill4I.' VnA'TIT nnT. It is recommended that the City Council accept the Agreement and Letter of Credit to install improvements at a later date, and to instruct the City Clerk to file the agreement and the rit% Treasurer to file the Letter of Credit with their respective offices. ANAI.xSIS: Section 9730.14 (Improvements Deferred) of the Huntington Beach Ordin- nance Coc'.e, allows for a bond and agreement to be posted where a drainage system would be delayed by the installation of improvements. All of the documents have been approved for the amount by the Depart- ment of Public Works and: as to form by the City Attorney's office. FUNDING SOURCE: None ALTERNATIVE ACTION: Deny approval of agreement. ATTACHMENTS: 1. Sectional District Map 2. Agreement PEC:BPC:dw /av r� Plo 6M6 AM AIRL NNING SECTIONAL DISTRICT MAP 26-5-11 CITY OF HUNTINGTON BEACH A& ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP WARNER CF-E AV t ULA 1-w 5 UL CF-R a. AVE ASSIGNMENT OF SAVINGS ACCOUNT 1. The undersigned has entered into certain credit arr- igements with BEACH. PUBLIC ki)RYS DFFAR'TMi-Vr Fnp xTrrz7;7p c rur�*r r% ("Creditor") in an agreement gated_ 10-17-86 under the terms of which the undersigned has agreed to Fledge and to assign to Creditor as security for any indebtedness there created, all fiords now or hereafter deposited or standing to the credit of the undersigned in GREAT WESTERN SAVINGS AND LOAN ASSOCIATION ("Association") in Savings Account n4R-284ntz-4 to the extent of 4 -412 00 (Insert the specific dollar amount pledged or, if entire account, insert "che entire account balance".1 2. The undersigned hereby assigns said funds to Creditor ;cnd further agrees as follows - a) That there has been no prior transfer or assignment of any part of the funds in the account hereby assigned nor will the undersigned. make any future transfer, assignment or with- drawal of said funds during the term ofth s agreement; b) That Creditor, wh.osc authorized signatory is set forth below, is hereby irrevocably authorized to withdraw said funds at any rime for its own account, and ,association is hereby authorized at;i directed to honor such w'.hdrawals signed by the signatory who e-cecuced this agreement on beh.if of Creditor without further authority from the undersigned, during the term of this agreement. c) Thar interest accruing during the term of this pledge shall as be payable to the under- signed, OR (b) be retained in the account as additional security. (MARK Ot Ir ALTERNATIVE WHICH IS INAPPLICABLE.) 3. This agreement shall become effective as of the date of acknowledgement of receipt by Association and shall remain in full force and effect until revoked by mutual agreement of Creditor and. the undersigned by written revocation served on the Association, upon receipt of which it shall stand revoked. t "TIDE UNDERSIGNED" — DEAN G. KOC I DOMA G. KCCI f 4 ~ 7762 Speer Ave, "CREDITOR" THE CITY OF HUNrT14GICN BEACH 8Y PLBLSC ViOF.KS L'ITAI3I;`1F P Receipt of notice of this agreement is hereby acknowledged. Dated: 1 "ASSOCIATION" GREATYlLw717FX '1 SANK 1614�1ryBeygach Blvd Hmtinton Beach, t.a• 92647 GREAT WESTERN SAvi.'�G MD LOAN AS lATtON BY ITS 3:aai11/51t Dds73tlaVntNV- Wfiwu ,4utge"oec,--rvbereemrnedbXAsstrrsea; Pl+i--+fit At -API. CoUexa—Asaor"O"