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HomeMy WebLinkAboutHarbor Village HB HOA - Janet Moody - 1985-12-02 REQU FOR CITY COUN TI A ON E�T O Date November 21, 1985 Submitted to: Honorable Mayor and City Council 4 G11T-X GU O-q-0p Submitted by. Charles W. Thompson, City Administra Prepared by: Paul E. Cook, Director Public Works ai y.cyti Subject: TRACT 12206 - PARKWAY MAINTENANCE AGREE= Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The developer, Janet T. Moody, and/or the Harbor Villas Huntington Beach Homeowners' Association, are required to maintain landscaping within the public right-of-way. They must enter into a Parkway Maintenance Agreement with the City to delineate their responsibilities. RECOMMENDATION: Approve the Parkway Maintenance Agreement between the City of Huntington Beach and Janet T. Moody and/or the Harbor Villas Huntington Beach Homeowners' Association. Ar,�LYSIS: As a condition of Tract 12206, the developer is required to install landscaping improvements in the public right-of-way along Bolsa Chica Street, adjacent to the tract. A maintenance agreement is necessary to specify the obligations with regards to the ongoing, maintenance of these landscaped areas. FUNDING SOURCE: None. ALTERNATIVE ACTIONS: Deny approval of the agreement. ATTACHMENTS: Parkway Maintenance Agreement. PEC:WAP:ik P10 4/84 Recorded requested by: Ci t of Huntington Beach EXNO ' 86--055221 E . ` lifter recording mail to: 0 ice of the City Clerk, City of itington Beach 2000 Main Street, Huntington Beach, CA 92648 PARKWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JANET T. MOODY AND THE HARBOR VILLAS HUNTINGTON BEACH HOMEOWNERS ASSOCIATION CJ 0 m �i E"9 r5 +3 t, CJ Fr TENS AGREEMENT ( "Agreement" ) is made and entered into on p ��, � v ® 0 0 ci 0 the day of , 1985 , by and between `"' N G ' F1 V, M +3 m JANET T. MOODY, an individual, (hereinafter referred to as (D �i "DEVELOPER" ) , and HARBOR VILLAS HUNTINGTON BEACH HOMEOWNER' S m "�� �r�" M z 0 o ASSOCIATION, a California nonprofit mutual benefit corporation M 0M (hereinafter referred to as "ASSOCIATION" ) and the CITY OF n 0 � z HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY" ) . o 0 o 4-3 H o O n M 4•t WHEREAS, in connection with the development of Tract No. 12206 in Huntington Beach, County of Orange, California, DEVELOPER has dedicated land along Bolsa Chica Street for public purposes , which land is more particularly described in Exhibit "1" , attached hereto and incorporated herein by this reference; and, As a condition of Tentative Tract No. 12206 approval, DEVELOPER requested and was required by the Planning Commi.s.s.ion _of the CITY to provide landscaping improvements in accordance with plans and specifications submitted by DEVELOPER and approved by the CITY; and, DEVELOPER_has _prov_ided for landscape. main_tenance of land- scaping strips along Bollsa Chica Street (hereinafter referred to as "Landscape Area" ) , which area is set out and delineated in Exhibit "1" attached hereto; and, By this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the ongoing maintenance of the aforedescribed Landscape Area. -1- NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1 . TERM The term of this Agreement shall continue so long as the DEVELOPER and/or the ASSOCIATION or its assignee ut_i_1-1zes the Landscape Area for_Jands_caping__and_._o_ther__..p..ur.pose.s....,_and---so long as the CITY deems it appropriate that the Landscape Area remain for landscaping and other purposes . 2 . WORK STATEMENT For the term of this Agreement, the DEVELOPER and/or the ASSOCIATION agree to maintain the improvement.s_._.o-f__th.e_..I,and- scape Areashown--in Exhib-i't "1" and designated thereon as the "area within the Agreement" , and in good and satisfactory condi- tion. Maintenance shall include but not be limited to watering, repair and/or adjusting of irrigation systems when failures occur, fertilizing, cultivating, edging, performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally keeping the Landscape Area in a 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 parking lots or public areas to obstruct or hinder walking or driving traffic. Water , soil or other materials shall not be allowed to flow or spray across or into the right-of-way from the edge of the sidewalk to the center of the street as designated on Exhibit "1" . The Landscape Area shall be free from weeds, debris and harmful insects at all times . All such gardening and main- tenance practices so performed shall conform to the Arboricultural and Landscape Standards and Specifications, Division 1, issued by the City Department of Public Works . -2- SG-- 0552210 In the event that any damage is caused to the sidewalk, curb, gutter , street or utilities by the landscape material ' installed and/or maintenance of the landscaping in the Landscape Area, DEVELOPER and/or the ASSOCIATION agree to repair same at its own expense. 3 . REIMBURSEMENT OF CITY INCURRED EXPENSES In the event that DEVELOPER and/or ASSOCIATION does not \maintain the Landscape Area in a manner satisfactory to CITY, the , CITY may cause such maintenance to be performed. All costs 1_incurred by the CITY in performing such maintenance to the Landscape Area shall be the obligation of the DEVELOPER and/or ASSOCIATION. The obligation of DEVELOPER and/or ASSOCIATION to reimburse the CITY for such costs shall be an obligation which shall run with the land and be binding on all present and future property owners and shall be so stated the ASSOCIATION' s Decla- ration of Covenants , Conditions and Restrictions . CITY shall have the right to enforce such obligation through any remedy available at law or equity. Such reimbursement obligation shall include all costs of collection, including reasonable attorneys ' fees . 4. ASSIGNMENT This license is appurtenant to said Tract No. 12206, and may not be separately assigned apart from said Tract or interests therein. 5 . INSURANCE AND INDEMNIFICATION (a) DEVELOPER and/or ASSOCIATION shall carry at all times incident hereto an.d-_fo.r_.the_ent_ire.__term._ofthis AGREEMENT bodi.ly _injury__and_property _damage liability insurance policies including automotive bodily injury_damage_.-.l.iab.i.li.ty___insurance, under writt,en__.by.__insur.anc.e._compan.ies..,.__._in.___forms._,.._sat,zs_fact.ory__. to Mthe Ci-t-y Attorney ----,for --all_--operat.ions_,._._s ubcon-tract--work- -contr-aca.ua1 obligations , product or completed operations, and all owned -3- • SG---05522* owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, its officers, agents and employees as Additional Insureds . DEVELOPER and/or ASSOCIATION shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three-hundred Thousand Dollars ( $300,000.00) combined s ngle _limit coverage. DEVELOPER and/or ASSOCIATION shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage said cer,.ti.f.i,cates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30 ) days written notice to CITY. The requirement for carrying the foregoing insurance shall not derogate from the indemnification provisions set forth herein . (b) DEVELOPER and/or ASSOCIATION hereby agrees to defend, indemnify and hold harmless CITY, its officers , agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with DEVELOPER and/or ASSOCIATION' s performance of this Agreement ( including, but not limited to such liability, costs, damage, loss, claim, or expense arising from the death or injury to an agent or employee of DEVELOPER and/or ASSOCIATION, if any, or CITY, or damage to the property of DEVELOPER and/or ASSOCIATION, subcontractor, if any, or CITY, or the property of any agent or employee of DEVELOPER and/or ASSOCIATION, subcontractor, if any, or CITY) , regardless of the passive or active negligence of CITY, except where such liability, damages , costs , losses , claims or expenses are caused by the sole negligence or willful misconduct of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees, in connection with this Agreement. 6 . PRIOR APPROVAL OF MATERIAL ALTERATIONS DEVELOPER and/or ASSOCIATION shall make no material changes in the placement of plant material or other materials -4- 1 utilized within the Landscape Area, nor shall the design of the Landscape Area be materially changed without the prior written consent of the CITY. 7 . RECORDING This Agreement shall be recorded with the County Recorder of Orange County California. 8 . ACKNOWLEDGEMENT This Agreement shall be acknowledged by DEVELOPER before an official before whom acknowledgment may be given and shall be recorded with the County Recorder of Orange County, California . (REST OF PAGE NOT USED) -5- 86--0552� 9 . ENTIRE AGREEMENT This instrument contains the entire Agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representation or modifi- cation concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the party to be charged . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH a municipal corporation of the State of California I 1�,��- L Mayor REVIEW D APPROVED: INq AT 7D A ROVED: City Administrato Direc or of Public Works HARBOR VILLAS HUNTINGTON ATTEST: BEACH HOMEOWNERS ASS _ e`. f f, - . j e /Tit1 i/� 6 City Clerk ' APPROVED AS TO FORM: CSC V - C1ty A tzy ey I , Janet T. Moody, guarantee the performance of this Agreement by the Harbor Villas Huntington Beach Homeowners Association. r r' G • Janet T. Moody -6- STATE OF CALIFORNIA ) SS: + COUNTY OF ORANGE ) �h On this I� day of _, before me, a Notary Public in and for said County and State, personally appeared 04,g known to me to be the Mayor and A41L,,A- zq, u/ 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 OFFICIAL SEAL ipal corporation executed the same. CO'NNBE A BROCKWAY NOTARY PUBLIC -CALIFORNIA ORANGE couNTY My Comm. expires 00 10, 1989; CERTIFICATE OF ACKNOWLEDGMENT INDIVIDUALS) (Civil Code §1189 ) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . On t ' s 4/+ ' day of No VGArn be r" Xther before, me, t undersigned, a Notary blic in and for said State, pers nally appeared1NE T. (�1Dy , personally known t me (or proved me on the basis of whose name ",- subscribed to the within instrument and acknow dged th,��E � executed it. WITNESS my hand and official eal . OFFICIAL SEAL KATHY R GERHARD NOTARY PUBLIC - CALIFORNIA ORANcr-- ccurary - My comm. expires JUN 20, 1986 naiae typed or print r JN: tw 0934L -7- c STATE OF CALIF,O�RnNIIA� _ E COUNTYOF OVZ—�J6e �SS. O FOR NOTARY SEAL OR STAMP a d S On this day'of I y0LM13EK,in the year 0 s before me,the undersigned, a Notary Public in and for rssyaiid-{C�ounty and State, a personally appeared JYAN ET I OFFICIAL:HA SEAL personally known tome(or proved tome on the basis of satisfactory evidence)to KATHY R G �. be the person whose name is subscribed to this instrument,and acknowledged m NOTARY PUBLIC - NIA that he(she or they)executed it. ORANGE CMy comm. expires1986 Signature K Notary P blic in and fors id County and State xA7NY R. GE�� �z� �. STATE OF CALIFORN� Q E COUNTY OF \ �SS. FOR NOTARY SEAL OR STAMP On this Itt" \ day of0jQVin the yeaj 0 C before me,the undersigned,a N�tary Public in and fors id County and State, a personally appeared l�i�i� 'M C) p .. �FFICIAI. SEAL KATHY R GERHARD personally known to me(or proved to me on the basis of satisfactory evidence)to m NOTARY PUBLIC - CALIFORNIA be the person whose name is subscribed to this instrument, and acknowledged OW8 NGE COUNTY E that he(she or they)executed it. My Comm, expires JUN 20, 1986 v c � I O Signature Notary Pub fic in and for sa County and State ' 8 055221 � r 1�N 'C f , 1 bC 4— < w �— ! d J fi � tll '� ttvJU N _v �y V G © I � V i N =DE ECORDSLIFORNIA0 '86COUNTYfCOROER I I 1 r ,^ rXHIBrT IT. 538 5 3 8 4,9 '/LOT5 A L o AGB&9 TRACT N 0. I A A O� SNEET / Caf 2 Sh'E6T� (ALL OF ffNTA1N/TRfGf MO IL7.O(� 1L] `y 6L,xx 5645 MDov"s 43,'AL8 5-14 E+/ U is'AG /N THE C/Tr OF N-7-oGTQN OFACN 'COUNTY OF s rL.Ly,.�Aa.♦aa p i. ai T•Ijrry ! ORANGG J . �t"t K.•ti`t.ry a•.1•+ ♦w. 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A.firer ii oar sicr/en Nyc.,...�...Maya:,.. {(J(,l;,�f✓,n..aaw,yA.../awlar'F,rr/a.ef•. (.f4.a.(.JaI)eF tea=wd„>- fa A.,+. � ONad rh,r 271�y ef11Gb'a'.�/aMs, ' ,���/-� d((,E[ZM,-Nm Lrprrh_ 6r.�+r 4w' 1 •raw Ie•rary �"•n.d •G'ry U k eF r/a yro•B.aah � /`{ .r T_L'--- . a _ •:an L/ P Y I W W l CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 19, 1986 Janet Moody 4641 Los Patos Huntington Beach, California 92649 The City Council of the City of Huntington Beach at its regular meeting held December 2, 1986 approved a Parkway Maintenance Agreement between the City of Huntington Beach and Janet T. Moody and the Harbor Villas Huntington Beach Homeowners Association. Enclosed is a copy of the agreement with recording information. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-536-5227) 1 STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 / COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE March 26 , 1986 POLICY NUMBER: 523236-86 CERTIFICATE EXPIRES: 3/1/87 F- City of Huntington Beach Y Building Division 3rd Floor Attention : Gloria Gitsham 2000 Main Street Huntington Beach , California 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California _ Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. r. RESIDENT ALL OPERATIONS APPROVED AS TO FORMS GAIL HUTTO:T City Att Q EMPLOYER BY., DLputq Citp Attorney F- Janet T Moody 4641 Los Patos Huntington Beach , California 92649 L SCIF 10262 (REV. 8-84) OLD 262A RI:I'URNTO: • CERTIFICATE OF INSURANCE • Approved as to Form: (11ty of Huntington Brach TO Gail Hutton,City Attorney Ins. R Rr". Office CITY OF HUNTINGTON BEACH, CALIFORNIA 11. (). B111K 190 By: I Inntington Beach, CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 30 days prior written notice, by mail,to City of Huntington Beach,P.O. Box 711, Huntington Beach,California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Janet T . 1�,00dy Address of Insured 4641 Los Fatas Huntington Beach, CA 92649 Location of Work or Operations to be performed 'Tract 12206 Description of Work or Operations I 1--- r "' LIMITS OF LiA816TY NAME OF COMPANY= POLICIES IN FORCE POLICY NO. Effective Expiratior, In Thousands(0001 0NIS.1 GENERAL LIABILITY COMPREHENSIVE FORM lf364 �/7 r� $ !1 0 p � 000CSL I N PREMISES— OPERATIONS 9� 6,/ 0 3 Ve S by Each Occurance [ I EXPLOSION AND COLLAPSE HAZARD l 1 UNDERGROUND HAZARD [ 1 PRODUCTS COMPLETED OPERATIONS HAZARD [ I CONTRACTUAL INSURANCE BROADFORM PROPERTY DAMAGE I I INDEPENDENT CONTRACTORS [ I PERSONAL INJURY AUTOMOBILE LIABILITY 1 1 CCMPR_HFNSIVE FORM , l I OWNED 1 ) I -------CSL Each Occurance ( I HIRED I 1 NON-OWNED EXCESS LIABILITY [ I UMBRELLA FORM = [ I OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and >3694465 Contino s until cancelled EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Date / II TRU cK /t/SGQ D AUTHOR D REPRESENTATI E OF INSURANCE COMPANY C INSURANCE COMPANY .tJ EY(`�1 Hv Y� U V Name 11;V nmc 14( LVS �eopc o Di aa �! Addre / 0 Address v a lyi c_s�,�i,C,� v� i City � city — Telephone — HOLD HARMLESS AGREEMENT (to be executed by insured) The insured -- ,agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured+, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or)Iny operations or actjyity for which this certificate of insurance is furnished. '11) Sole Proprietorship (2) Partnership (3) Corporatio (4) Other(state) HOLD HARMLESS SIGNED: By Insured: 1" itb (All names shall be printed or typed below each signature.) By Insured: ' Titb anet i, ody — If Corporation,TWO Officers must sign,or pr t evidence of authorisation to d bit Se4poration. CITY OF HUNTINGTRIV BEACH 2000 MAIN STREET CALIFORNIA 92648 INSURANCE AND BENEFITS DIVISION (714)536-5990 , I t _ March 12 , 1986 Janet T. Moody ��� ..C>' ,� C... J r . - . •� 4641 Las Potos Huntington Beach, CA. 92649 RE: Liability Insurance *Workers Compensation Insurance - --- ----��_ '` The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or license; and that it be kept current for as long as that permit or license is in force. The certificate you now have on file with the City will expire May 7 , 1986 Please submit an updated Certificate of Insurance prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. NOTE: For those who must provide General Liability, , THE CITY OF HUNTINGTON BEACH MUST BE NAMED AS ADDITIONAL INSURED! ! 'All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648 . If you have any questions; please call. this office at 536-5990 . This is the only notice of cancellation you will receive from the City of Huntington Beach. CITY OF HUNTINGTON BEACH Insurance and Benefits Office 1 : j pw f ? ! *Expired on March 1, 1986 A TUCK INSURANCE E ! � INTERIM&TIFICATE AS TO EVIDENCE OF IN NICE 0S IS NOT AN INSURANCE POLICY.THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND.EXTEND OR ALTER THE JVEkAGE PROVIDED BY THE POLICIES LISTED BELOW. - Nomod Insured J�XJfi r T• oo�y SEP 3 0 Address . ' y p[/U( p 7 VuLcr No -W ork�m`een's or 7 y 4.4 S Ro TD S nI$, Ct D{_r1LF'r �"'0 j-/7� Wo,1.era Car`�`ie+an I-I&AJ Tl�t,1 a 7TA) B6Ac�Y/ l ,41 L ' � Ageni Pol+cv No •Olnne,Co. is is to certifytnat �d insured Y y policies for the above named are in force as follows: This Interim Certificate As To Evidence of Insurance shall expire thirty days from �o �� M., -s"7 — , 19-11, unless cancelled prior to such date by written notice to the named insured. COVERAGE COMBINED LIMITS OF LIABILITY COVERED NOT AUTO COVED LIABILITY ❑ lamI Owned Bodily Injury $ 000 each person �-0„ Hired $ 000 each occurrence ❑ Non-Owned Property Damage $ 000 each occurrence Employer's Non-Ownership Contingent Liability Single Limit Liability for Coverages checked X above $ J 000 ,000 each occurrence GENERAL LIABILITY M&C - OLT Bodily Injury $ 000 each person r Owners & Contractors $ 000 each occurrence ® ❑ Contractual+ $ �00 onr+uoi uggregore Elevators °"'loci"" Property Damage $ '000 each occurrence L— Productsand!or $ aar+uolagg,egale Completed Operations ,000 p,odum... Single limit Liability for Coverages checked X above $ /,CO D ,000 each occurrence $ /,� '000 onr+vat aggregate product_.t a (❑ CARGO $ 000 each vehicle $ 0OO each occurrence WORKMEN'S OR WORKERS' COMPENSATION Statutory • incluoes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipai Ordinance Agreement, Sidetrack Agreemem, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage- L✓ t>ro.. moo.+uu h'lJEDYEAR, MAKE, TYPE OF BODY, LOAD CAPACITY - 77 }y �. IDENTIFICATION NUMBER vi I`ES _ LAST 1 OVERED DIGITS SHOWN Umbrella Liability : er :'C C r 1:ti.C'' 7 b ,UOG retoineC teen Poa` N n�ti[c $ each occurrence �.- $ aggregote i this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration dote, we shall provide days advance notice in writing to whore this certificate is issued. Cerr+l+cale issued Rc Name C./r y di HUA.1 TiAv&,T•a AJ B4�4-C W And 1 Aadress Q&Al i//V 67-rA1 �Gri9G�, rA �. 7x Countersigned v .. x"15R..ti'�Qti:l LY•N.Jk O,M f.It r. ..�., •v Lrty City II Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) The insured • ,agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured Is employees,agents or any subeontra or by any third party arising out of or in consequence of the performance of all or operations or activity which this tific a of insuran is furnished. "(1) Sole Proprietorship (2) Partnership (3) Co n 4) Other I " HOLD HARMLESS SIGNED: By Insured: i+° r Title (All nambs shall be printed or typed below each signature.) By Insured: J Title `\ If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation. / 1 Z, P.O.STATE - SOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION � tNSUt4ANGE 3 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE e I September 3, 1985 POLICY NUMBER! 523236-85 CERTIFICATE'EXPIRES:3/1/86 r t City of Huntington Beach Office of City Attorney - -- - - - - ------ Attention: A. H. Brunson P.O. Box 190 LHuntington 3eaca, California 92643 -- This ;s to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the, insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. _^'�1�ESIDENT ALL OPERATIONS EMPLOYER y+ Janet T. 4641 Los Patos Huntington Beach, California 92649 I I L { SCIF 10262 (REV. 8.84) OLD 262A [ o < a ~ i I IY I L � A E L .i. Z f a C C� a z 5ciQ ¢ Iz "F i= c� Q (: Y c w I c > IxO R Y s m z J (pJq p yw,d D a J Q W z i a Q ILL 9 _ pig «fir F E °° Z Q Z cem00 n Lac30 3 � '� Q I _• c _ W fa o x $� ci ir ? w L > C ? 2 k 7 O [ Q C O o C w m ® L [ CLLQ W OOlC 2 CVr —�Y>O OHS! z B c = mz �•° ct 'm o c�ti c O Q w y IS W S z O w G — o> C J am. "_ eS 0 S � c S N g.0 L p W m � ¢ O Q W D f ¢ F Y E U >3 O . �•L+ � L •R C U 4 p y I � m > W 2 N D � a J � 7 Q W f � � 4 Q C ` A y p I 6 L � n W 0 a IF CL R Q G G a S a O w W a 2 ° W Z yy J H J Q C O+L (?2 D w E C._ y••G C E �,,,�� C W � O G I W r2 J W O c 1- ¢ Q n ¢ h O 4 1Y D � N W C W W C � F .' O U I i • �$(°) G C Q- C C[-°o o= C<Q — _ — _ — — — — — � igg : 4eco�rded requested by: City of Huntington Beach EXEMPT 7.Afterrecording mail to: Sce of the CityCler1. C o R ntington Beach 2000 plain Street, Huntington Beach, CA 92648 PARKWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BENCH AND JAr4FT T. MOODY AND .t..,. ME HARBOR VILLAS HUNTINGTON BEACH HOMEOWNERS ASSOCIATION �� y m AGREE! T ( "Agreement" ) is made and entered into on c., �, fi ?CIS AGREE the 7 day of , �, 1985 , by and between JANET T. MOODY, an individual , !lhereinafter referred to as and HAlZt3uR VILLAS HUiY`I INGTON BEACH HOMEOWNER' S v ASSOCIATION, a California nonprofit mutual benefit corporation = =�� U - (hereinafter referred to as "ASSO(,IATION" ) and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of - California ('hereinafter referred to as "CITY" ) . b " .r, ^ o i. r4 WHEREAS, in connection with the development of Tract No . 12206 in Huntington Beach, County of Orange, California, DEVELOPER has dedicated land along Boisa Chica Street for public i h land is tmio e �aLticularly described in uxh?bil "1" , attached 'hereto and incorporated herein by this reference,- and, As a condition of Tentative Tract No. 12206 approval , DEVELOPER requested and was required by,_ the Planning,._Commis_s_ion_-_cf the CI"_'Y to provide landscaping improvements in accordance with plans and specifications submitted by DEVELOPER and approved by the CITY; and, DEVELOPER has __pr.ovided for landscape maintenance of land- scaping strips along Bolsa Chica Street (hereinafter referred to as "Landscape Area" ) , which area is set out and delineated in Exhibit "1 " attached 'hereto; and, By this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the ongoing maintenance of the aforedescribed Landscape Area. �l -1- NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1 . TERM The term of this Agreement shall continue so long as the DEVELOPER and/or the ASSOCIATION or its assignee utilizes the Landscape Area .for landscaping and. other purposes.._and-.so long as the CITY deems it appropriate that the Landscape Area remain for landscaping and other purposes . 2 . WORK STATEMENT For the term of this Agreement, the DEVELOPER and/or the ASSOCIATION agree to maintain the i_mpr,ovements__of_.the.__hand- scape Area shown .in--Exhib.i_,t "1" and designated thereon as the "'area within the Agreement" , and in good and satisfactory condi- tion . Maintenance shall include but not be limited to watering, renalr and/or adjusting of irrigation systems when failures occur , fertiiizing, cultivating, edging, performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally keeping the Landscape Area in a 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 parking lots or public areas to obstruct or hinder walking or driving traffic. Water , soil or other materials shall not be allowed to flow or spray across or into the right-of-way from the edge of the sidewalk to the center of the street as designated on Exhibit "1" . The Landscape Area shall be free from weeds , debris and harmful insects at all times . All such gardening and main- tenance practices so performed shall conform to the Arboricultural and Landscape Standards and Specifications, Division 1, issued by the City Department of Public Works . -2- In the event that any damage is caused to the sidewalk , curb, gutter , street or utilities by the landscape material installed and/or maintenance of the landscaping in the Landscape Area, ,DEVELOPER and/or the ASSOCIATION agree to repair same at its own expense . 3 . REIMBURSEMENT OF CITY INCURRED EXPENSES In the event that DEVELOPER and/or ASSOCIATION does not maintain the Landscape Area in a manner satisfactory to CITY, the CITY may cause such maintenance to be performed. All costs .incurred by the CITY in performing such maintenance to the Landscape Area shall be the obligation of the DEVELOPER and/or ASSOCIATION. The obligation of DEVELOPER and/or ASSOCIATION to reimburse the CITY for such costs shall be an obligation which shall run with the lama and be binding on all present and future property owners and shall be so stated the ASSOCIATION' s Decla- ration of Covenants , Conditions and Restrictions . CITY shall have the right to enforce such obligation through any remedy available at law or equity. Such reimbursement obligation shall include all costs of collection, including reasonable attorneys ' fees . 4 . ASSIGNMENT This license is appurtenant to said Tract No. 12206 , and may not be separately assigned apart from said Tract or interests therein. 5 . INSURANCE AND INDEMNIFICATION (a) DEVELOPER and/or ASSOCIATION shall carry at all times incident hereto ,and...-for-,the entire term of this AGREEMENT bodily injury and property damage liability insurance policies incl.uding automotive bodily injury damage. liability- .insurance, underwritten...by_ insurance _companies,.___in-..forms.._sa.tis_factor.y. ._tp_the City Attorney,-- for-all. .opera t ions.,.....-subcontr act--work,---con-tr-ac-tua1 obligations , product or completed operations, and all owned -3- owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, its officers , agents and employees as Additional Insureds . DEVELOPER and/or ASSOCIATION shall subscribe for and maintain said insurance policies in full force and effect ­--------- during the­,,_1ife.,­­9.f_ this Agreement, in an amount of not less than Three-hundred Thousand Dollars ( t300, 000.00 ) comb.in.ed,-Is-i.ngl..e.,..--l.-imit coverage . DEVv-LOPER---and/-or-.-.ASSO.C.IAT.I,OtI shall furnish to CITY Certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance -coverage,--.- said certi.ficates shall provide..-.,.the.. name.-.and-.p.ol-icy _number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty ( 30 ) days written notice to CITY. The requirement for carrying the foregoing insurance shall not derogate from the indemnification provisions set forth herein . (b) DEVELOPER and/-cr ASSOCIATION hereby, aqrees to defend, indemnify and hold harmless 'CITY, its officers , agents and employees , from and against any and all liability, damages , costs , losses, claims and expenses , however caused, resulting directly or indirectly from or connected with DEVELOPER and/or ASSOCIATION' s performance of this Agreement ( including, but not limited to such liability, costs , damage, loss , claim, or expense arising from the death or injury to an agent or employee of DEVELOPER and/or ASSOCIATION, if any, or CITY, or damage to the property of DEVELOPER and/or ASSOCIATION, subcontractor , if any, or CITY, or the property of any agent or employee of DEVELOPER and/or ASSOCIATION, subcontractor , if anv, or CITY) , regardless of the passive or active negligence of CITY, except where such liability, damages , costs , losses , claims or expenses are caused by the sole negligence or willful misconduct of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees , in connection with this Agreement. 6 . PRIOR APPROVAL OF MATERIAL ALTERATIONS DEVELOPER and/or ASSOCIATION shall make no material changes in the placement of plant material or other materials -4- • • utilized within the Landscape Area, nor shall the design of the Landscape Area be materially changed without the prior written consent of the CITY. i . RECORDING This Agreement shall be recorded with the County Recorder of Orange County California . 8 . ACKNOWLEDGEMENT This Agreement shall be acknowledged by DEVELOPER before an official before whom acknowledgment may be given and shall be recorded with the County Recorder of Orange County, California . (REST OF PAGE NOT USED) -5- 9'. ENTIRE AGREEMENT This instrument contains the entire Agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representation or modifi- cation concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the party to be charged . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH a municipal corporation, of the State of California i Mayor / i REV I ETV 7. D APPROVED: INL'r AT P ND A_-RROVED: City Admin-t'stratotV Director of Public Works HARBOR VILLAS HUNTINGTON ATTEST: BEACH HOMEOWNERS ASSOC. � 7 F - Tame Titl - ,/ 6 City Clerk - , APPROVED AS TO FOP-M: City A' or ey I , Janet T. Moody, guarantee the performance of this Agreement by the Harbor Villas Huntington Beach Homeowners Association. f Janet T. Moody /. i 1 } -6- 3 �y bC d Y f , .171 w ! Nil l v, ! I)! I