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HomeMy WebLinkAboutDominic Menaldi - Owner - 2011-09-06Council/Agency Meeting Held:_ Deferred/Continued to: )�,App ved El Conditionally Approved ❑ Denied i CI 's Siglure Council Meeting Date: September 6, 2011 Department ID Number: PW 11-054 -r • O r- Aill AT I AG Ii- REQUEST FOR CITY COUNCIL ACTIO1 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Maintenance Agreement between the City and the property owner of 9001 Bermuda Statement of Issue: A Maintenance Agreement is required to clarify and delineate each of the respective obligations of City and of the Property Owner of 9001 Bermuda with respect to the care and maintenance of a boundary wall adjoining the property. Financial Impact: No funding is required for this action. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute and record the "Maintenance Agreement Between the City of Huntington Beach and the Property Owner of 9001 Bermuda in the City of Huntington Beach." Alternative Action(s): Do not approve the Maintenance Agreement. Direct staff to proceed differently. Item 5. - 1 RB -282- REQUEST FOR COUNCIL ACTION MEETING ®ATE: 9/6/2011 DEPARTMENT I® NUMBER: PW 11-054 Analysis: The current property owner of the single-family residence at 9001 Bermuda in the City of Huntington Beach (Owner) has made changes and modifications to a City boundary wall which borders Owner's property without the City's consent. Public Works is requesting approval of a Maintenance Agreement with Owner to clarify the respective obligations of City and Owner with respect to the care and maintenance of the boundary wall shown in Exhibit C of the Agreement. Following summarizes the key terms of the Maintenance Agreement: 1. The term of the Agreement is perpetual, but the City may terminate with thirty days written notice to Owner. 2. In the event that the Agreement is terminated by the City, the Owner shall be obligated to restore the wall to condition specified by the City at time of termination. 3. Owner agrees to perform all maintenance responsibilities at Owner's sole cost and expense, in the same condition and appearance shown in the exhibit photographs, including graffiti abatement. 4. Anyone performing work on behalf of Owner is required to be licensed and insured, and Owner agrees to acquire proper permits and comply with all other City requirements prior to performing maintenance on the boundary wall. 5. The boundary wall may not be altered further without prior written consent of City. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment. Attachment(s): 1. I"Maintenance Agreement Between The City Of Huntington Beach And The Property Owner of 9001 Bermuda In The Citv Of Huntington Beach" HB -28-3- Item 5. - 2 ATTACHMENT #1 Item 5. - 3 HB -284- This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Govemment Code § 6103 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111 NO FEE 2011000444686 02:52pm 09/08/11 93 401 Al2 17 0.00 0.00 0.00 0.00 48.00 0.00 0.00 0.00 ABOVE THIS LINE FOR RECORDER'S USE MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE PROPERTY OWNER OF 9001 BERMUDA IN THE CITY OF HUNTINGTON BEACH This Maintenance Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and the current property owner of the real property at 9001 Bermuda in the City of Huntington Beach, hereinafter referred to as "Owner." WHEREAS, Owner is the owner of certain real property located at 9001 Bermuda in the City of Huntington Beach, County of Orange, State of California, which is a single family residence depicted in Exhibit "A," attached hereto and incorporated by this reference (the "Property'); and WHEREAS, City is the owner of certain public rights -of -way and other property in the immediate vicinity of the Property (the "Improvement Areas"), which Improvement Areas are more particularly described as a boundary wall as depicted in Exhibits "A" and `B"; and WHEREAS, changes and modifications were made to a City boundary wall, which borders Owner's property, by Owner without the City's consent; and By this Agreement, City and Owner desire to clarify and specifically delineate each of their respective obligations with respect to the care and maintenance of the boundary wall designated in the attachments, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, City and Owner covenant and agree as follows: 1. Grant of License. Subject to terms and conditions hereinafter set forth, City hereby grants to Owner, a non-exclusive, revocable license ("License") to care for and maintain the boundary wall as depicted in the attachments, pursuant to the terms as set forth in this Agreement. 2. Term. The term of the License (the "Term") granted herein shall be perpetual, provided that City may terminate this Agreement upon thirty (30) days written notice to Owner. Owner (for himself, and his successors and assigns) agrees that this Agreement and the rights and obligations contained herein run with the land, and are binding upon and shall inure to the 09-1997/64421 benefit of the owner of the real property at 9001 Bermuda, as the burdened parcel, and the rights, and obligations contained herein shall bind and inure to the Owner's successors in interest, assigns, heirs, executors, and/or personal representatives. This Agreement and the covenants contained herein inures to the benefit of City as the owner of the wall. 3. Termination.. In the event of any such termination and upon request by City, Owner and his successors and assigns shall be obligated to restore the boundary wall to the condition specified by the City at the time of termination and to satisfy all City requirements pertinent to the wall. 5. Maintenance Responsibilities. At Owner's sole cost and expense, Owner agrees to perform all maintenance responsibilities for the boundary wall, including, but not limited to: to care for and maintain the boundary wall, its appearance, the condition and color of the painted surface, which is to be Bear VL260-11, Natural Grey, and the stone blocks and caps on top of the wall in the same condition and appearance as of the date of this Agreement and as shown in the photographs attached to this Agreement as Exhibit "C." Owner agrees to maintain and keep the boundary wall in good condition and repair, free and clear of decay and disrepair, and free from any objectionable markings or graffiti, and to comply with all laws and regulations, in all respects at all times. All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities." 6. Material Alterations. After the approval of the condition and appearance of the boundary wall, no changes, modifications or alterations of any type, kind or nature may be made to the boundary wall without the prior written consent of City. 7. City Requirements. Owner, or anyone performing work on behalf of Owner, shall be properly licensed by City for any work performed on the boundary wall. Furthermore, Owner, or anyone performing work on behalf of Owner, shall acquire the proper encroachment permit and comply with all other City requirements prior to performing any work on the boundary wall. 8. City Right to Inspect. City shall have the right to inspect the boundary wall at any time to ensure that Owner is performing his obligations hereunder. 9. Damage to Boundary Wall or Public Improvements. In the event any damage is caused to any pathways, sidewalks, curbs, gutters, street lights, medians, streets or utilities as a result of the performance of the maintenance responsibilities of the boundary wall, Owner agrees to repair same at his own expense. 10. Mechanics' Liens. Owner agrees not to suffer any mechanics' lien(s) to be filed against the boundary wall by reason of any work, labor, services or material performed at or furnished to the boundary wall, by or through Owner. Owner shall, at his sole cost and expense, cause any mechanics' lien(s) which may be filed against the boundary wall to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the City to subject the City's estate in the boundary wall to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 09-1997/W21 2 11. Assignment. The License herein granted is personal to Owner and any attempt to assign the License to any other entity shall require the prior approval of the City and is subject to the provisions set forth in Section 33 below. Other than the License granted hereunder, Owner hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the boundary wall arising out of the License, whether now existing or arising at any future time. This License is appurtenant to the real property and may not be separately assigned apart from the real property or the interests therein. Owner hereby covenants for himself and his successors and assigns, that conveyance of any interest in the real property to such subsequent purchaser shall constitute an assumption by any successors, assigns or transferees of Owner , of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 12. Workers Compensation Insurance. Pursuant to California Labor Code §1861, Owner and his successors or assigns acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. Owner covenants that he will comply with such laws and provisions prior to conducting any activity pursuant to this license. Owner shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to City. Owner shall require all subcontractors retained by Owner to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. Owner shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance and Owner shall similarly require all subcontractors to waive subrogation. 13. Other Insurance. In addition to the workers' compensation insurance in Section 12 above and Owner's covenant to indemnify City in Section 15 below, Owner or his successors or assigns shall obtain and furnish to the City and carry at all times incident hereto, on all activities to be performed in the boundary wall as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to City. Said insurance shall name the City, his officers, agents, and employees as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Owner concerning the Improvement Areas shall be deemed excess coverage and that Owner's insurance shall be primary. Said policy of insurance shall pay on behalf of Owner, his officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by Owner concerning the boundary wall. Owner shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, Owner shall immediately notify City of any known depletion of limits. Owner shall require his insurer to waive his subrogation rights against City. Under no circumstances shall said above mentioned insurance contain a self -insured retention, or 09-1997/64421 3 "deductible" or any similar form of limitation on the required coverage in excess of Twenty Five Thousand Dollars ($25,000.00). 14. Certificate of Insurance• Additional Insured Endorsements. Prior to conducting any activity pursuant to this Agreement, Owner shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy; and shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to City. Owner shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of Owner under this Agreement. City or his representative shall at all times have the right to demand a copy of all said policies of insurance. Owner shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to Owner's liability policy as required hereunder, naming the City, his officers and employees, as Additional Insureds, shall be provided to the City Attorney for approval prior to the commencement of any work by Owner pursuant to this Agreement. 15. Indemnification and Hold Harmless. Owner hereby agrees to protect, defend, indemnify and hold and save harmless City, his officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified Parry), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by Owner (or Owner's officers, employees, agents, contractors, licensees, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the Owner, any of his contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "Licensee Parties"), including but not limited to concurrent active or passive negligence of the Licensee Parties, except to the extent caused by the sole negligence or willful misconduct of City or any of his agents, contractors, subcontractors, officers, or employees. Owner shall conduct any defense required hereunder at his sole cost and expense. 16 Independent Contractor. Owner agrees that all work done or undertaken by it on the boundary wall shall be for his sole account and not as an agent, servant or contractor for City. Owner agrees to indemnify and hold City harmless from and against all claims or liens of workers and material suppliers. 17. Rules and Regulations. Owner agrees to obey and observe (and cause his officers, employees, contractors, licensees, invitees and all other doing business with Owner to obey and observe) all rules and regulations of general applicability regarding the boundary wall as may be reasonably established by City at any time and from time to time during the Term, of this Agreement. 09-1997/64421 4 18. Default. In the event Owner does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, City shall first provide written notice to Owner in the manner and at the address for notices provided in Section 20, describing the alleged default by Owner. If Owner fails to cure said default within ten (10) calendar days following the date of delivery of such notice of default, city may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the Owner. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from Owner shall be due within thirty (30) calendar days following the date of receipt of invoice. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half (1-1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 19. Applicable Law. Owner shall, at his sole cost and expense, faithfully observe in the care and maintenance of the boundary wall all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at his sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Owner. 20. Notices. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Owner (as designated herein) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: TO CITY: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Tel: (714) 536-5431 Facsimile: 374-1573 TO OWNER: 9001 Bermuda Huntington Beach, CA 92647 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of an notice shall not be affected by the receipt, prior to the receipt of the original, of a facsimile copy of the notice. 21. Captions and Terms. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 22. Recordation. Owner shall record this Agreement in the Official Records of the County of Orange, State of California. 09-1997/64421 5 23. Cooperation. Owner shall in good faith cooperate in connection with his respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 24. Severability. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 25. Entire Agreement. This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the City and signed by the parties to be charged. 26. Attorney's Fees. If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the nonprevailing party. 27. City Right to Enforce. Notwithstanding the provisions of Section 31 above, Owner acknowledges and agrees that the City has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal and/or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement. Owner shall provide City with, and at all times keep current, contact information for Owner and any property manager acting on its behalf. 28. Governiniz Law. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California, and venue is to be in the County of Orange. 29. Amendments. This Agreement may be amended, modified, and/or supplemented only by the written agreement of the Owner and the City, or the successors and assigns of each. 30. Time. Time is of the essence of this Agreement and each and every part hereof. 31. Covenants. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement. 32. Delegation of Authority. City hereby delegates to City Manager or his or her designee the authority to implement all provisions of this Agreement. 09-1997/64421 6 33. Successors and Assigns. Subject to Section 11 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, including without limitation all grantees and other successors -in -interest of City and Owner in any portion of the boundary wall. Subject to Section 11 above, Owner shall provide prior notice of any assignment of Owner's rights and obligations hereunder and any such assignment shall either (a) include the insurance provisions hereunder or (b) shall include insurance provisions approved by City. 34. Exclusive Benefit of Parties. The provisions of this Agreement are for the exclusive benefit of City and Owner and their successors and assigns, subject to the provisions hereof, and not for the benefit of nor give rise to any claim or cause of action by any other person. 35. Survival. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. 36. Authority to Sign. The individual executing this Agreement on behalf of Owner hereby represents that he or she has full authority to do so and to bind. Owner to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on e 06 2011. OWNER: Owner of 9001 Bermuda, Huntington Be CA By: print name IwAy— ZS 20 /) CITY: HUNTIIN90N BEACH, a comor on of the State of v iry �,terx /� REVIE APPROVED: C/ INIT D AND APPROVED: Manager Director o u is Works APPROVED AS TO FORM: C, City Attorney DY-6 (- t?,l `� cS� 09-1997164421 7 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On September 8, 2011 before me, P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Joe Carchio who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. L. ESPARZA WITNESS my hand and official seal. _ Commission # 1857021 •o Notary Public - California Orange County NIX Comm. Expires Au 4. 2013 f (Seal) (Notary Sigriatu ) -EXHI IT ` A" ifl rn cfl cfl z w ao U- 0 rn ¢ m 0 U- 0 Lc! cr w 0 N M co z HAMILTON AVE I FOUND 2" IRON PIPE WITH BRASS TAG, ILLEGIBLE, PER O.C.S. MONUMENT RECORD 5011. ESTABLISHED NORTHWEST CORNER TRACT 3898. AT RECORD DISTANCE PER (R) 1.88' 1 0.00' E'LY FACE WALL 0.19' W/O ROW E'LY FACE WALL J --0.19' --ROW DETAIL 2 3 N.T.S CURB FACE TYP 2 E'LY FACE WALL (� 0.18' W/O Row 1.82' 0.00' LAND SG �� to v z W.12-51-09 � O 6 .9�. a J F S 7340�� REFERENCES: R=RECORD PER TRACT 3898, 188/24-25 M-M. I GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) 1 inch = 20ft. (N8931'39"E, 72.00' R) CURVE TABLE: I M C1=(89'4V30",R-30.00', L=47.02' R) I ", 89'48'06", R=30.00', L=47.02' co Of ESTABLISHED ROW (W'LY LINE M LOT 52, TRACT 3898) AS rn PARALLEL TO AND 50.00' E'LY I IE .OF CENTERLINE OF MAGNOLIA ST, PER (R). I o to LOT 52, TRACT 389800 Z (9001 BERMUDA DR) 0 .. i z f—E'LY FACE WALL I -ROW I--0'18' DETAIL 1 I N.T.S ESTABLISHED ROW (S'LY LINE LOT 52, TRACT 3898) AS PARALLEL TO ' AND 30.00' N'LY OF CENTERLINE 12" 1 Z" /-OF BERMUDA DR, PER (R). 1. Q OF CALVE ---T §2 JOSEPH G. C N8932'40"E, 42.10' R �- PLS 7; N89'331047E, 42.10' �zi ---.� EXPIRES 12 = 90'11'S4" CURB FACE TYP Lu (90*11'30"R) o 0 0 UDA DR "� zI 09 33'04"E, 1110.12' FOUND SPIKE AND WASHER, ILLEGIBLE, _._ . FOUND SPIKE AND WASHER, FITS TIES PER C.E.F.B. 53/4, FILED AS STAMPED "LS 7707" PER CITY TIE NUMBER 526, ACCEPTED AS CORNER RECORD 2006-0726_ CENTERLINE INTERSECTION. DATE OF SURVEY: 6/01 /09 90.01 BERMUDA DR MAGNOLIA ST WALL LOCATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" M r I � r3r�r 0 am _ab ME EXHIBIT G6C99 0 4 1� 9 � w� a 9 i Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, September 06, 2011 8:36 AM To: City Clerk's Office Subject: FW: Agenda Item From: jfk0480 [mailto-.jfk048O@aol.com] Sent: Monday, September 05, 2011 10:22 AM To: CITY COUNCIL Subject: Agenda Item Members of the City Council. Item 5, Maintenance Agreement, is on the agenda for your next council meeting. I strongly recommend that you vote NO. City administration is recommending that the City enter into an agreement which will not only be unenforceable, but sets precedence for numerous future such agreements. This City does not have the staff or time to be spending on entering into agreements with individual property owners for such things as block wall maintenance. Please don't vote for this agreement. Jack and Lenore Kirkorn SUPPLEMENTAL COMMUNICATION r,!s; Dge:Y/6 Z/ A. �a IQW No.