HomeMy WebLinkAboutHuntington Beach Company - 1986-12-15 3v3 � fp
EXEMPT 87-3 10
RECORD AT THE REQUEST OF AND AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND THE HUNTINGTON BEACH COMPANY
RETURN TO OFFICE OF CITY CLERK CONCERNING HUNTINGTON BEACH COMPANY'S
2000 MAIN STREET ATLANTA AVENUE PROPERTY
HUNTINGTON BEACH, CA 92648
This Agreement is entered into this day of December,
1986, at Huntington Beach, California, by and between the
HUNTINGTON BEACH COMPANY hereinafter called "OWNER, " and the CITY
OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter called "CITY. "
WITNESSETH
WHEREAS, OWNER owns the Atlanta Avenue property described on
Exhibit A attached hereto and hereinafter called the "Property" ;
and
WHEREAS, THE CITY would like OWNER to dedicate certain
portions of the Property to the CITY for public use and
development; and
WHEREAS, in consideration of OWNER' s dedication of such
portions of the Property, CITY is willing to install at CITY' s
sole cost and expense certain public improvements on the dedicated
portions of the Property.
NOW, THEREFORE, the parties hereto agree as follows :
1 . Authority:
Each party hereto represents to the other that it has
full and complete authority to enter into this Agreement, and that
each party hereto considers this Agreement to be fair, reasonable
and advantageous to each, and this Agreement shall be binding
regardless of the fact that the rights and obligations may be
dealt with by successor legislative bodies of CITY.
This document is solely for the
official businoss of the City
1 . plate. url : °Joz':�;:.t,r�*. Cocu
See. 6103 and should be recorded
free of charge.
87 �A610
2 . Owner ' s Obligation:
OWNER agrees to dedicate to CITY upon City' s demand, and
CITY agrees to accept those portions of the Property necessary for
public street Improvements , as said Improvements are hereinafter
described, in Lake Street, Walnut Avenue and Atlanta Avenue as
said streets are shown on Exhibit B, attached hereto . Said
streets may be constructed in locations other than shown on
Exhibit B by mutual agreement of OWNER and CITY. In the event the
portions of the Property necessary for the Improvements have not
been dedicated to the CITY within twenty (20 ) years of the date
hereof, this agreement shall terminate and neither party hereto
shall have any further obligation to the other hereunder . It is
hereby agreed that OWNER's obligations dedicate for said streets -- -
shall be limited as follows :
a . Lake Street - Twenty feet (20 ' ) of property for
widening Lake Street to a total width of Ninety five feet (95 ' ) .
b . Atlanta Avenue - Thirty feet ( 30 ' ) of property for
widening Atlanta Avenue to a total width of Ninety feet ( 90 ' ) .
C . Walnut Avenue - Ninety feet (90 ' ) of property for
widening Walnut Avenue to a total width of Ninety feet ( 90 ' ) .
3 . In consideration of OWNER making the above described
dedication to CITY, CITY shall , at its sole cost , construct or
cause to be constructed, all required public street improvements
for Lake Street, Walnut Avenue and Atlanta where such streets
adjoin or pass through the Property, and no costs for such
improvements shall be imposed upon owner as a condition of any
development . As used in this section, required public street
2 .
8 7°-311b f
0
improvements shall include, but shall not be limited to ,
excavation, grading, compacted base, asphalt paving, striping,
concrete curbs, sidewalks, gutters and medians, water lines, fire
hydrants, sewer lines and manholes, storm drains and inlet
structures , street lights, signage, landscaping, and irrigation
systems located within the public right of way, in accordance with
Standard Plans of CITY (hereinafter collectively called "the
Improvements" ) . The Improvements shall be installed concurrently
with the development of the Property or any portion thereof for
which any portion of the Improvements are required. CITY may
install the Improvements or any portion thereof prior to the
development of the Property.
4 . Processing Fees :
No provision of this Agreement shall be construed to
limit the authority of the CITY to charge processing fees for land
use approvals, building permits, and other similar permits and
entitlements which are in force and effect on a city-wide basis at
the time those permits are applied for, except to the extent that
any such processing fees would be inconsistent with this Agreement .
5 . California Law and Attorneys Fees :
This Agreement shall be construed in accordance with the
laws of the State of California. Should legal action be brought
by either party for breach of this Agreement, or to enforce any
covenants and there provisions herein, the prevailing party of
such action shall be entitled to reasonable attorney fees and all
costs including, but not limited to, court costs .
6 . No Joint Venture:
The parties hereby renounce the existence of any form of
joint venture or partnership between them and agree that nothing
3 .
87-3C3 00
contained herein, or in any document executed in connection
herewith, shall be construed as making CITY and OWNER joint
venturers or partners.
7 . Legal Challenge:
In the event of any legal action instituted by any third
party, or other governmental entity or official , challenging the
validity of any of the provisions of this Agreement, the parties
agree to cooperate in defending said action.
8. Best Interest :
CITY has found and determined that execution of this
Agreement is in the best interests of the public health, safety
and general welfare, and the provisions of this Agreement are
consistent with existing ordinances of the CITY.
9 . Notice:
All notices required by this agreement shall be in
writing and delivered in person or by certified mail , as follows :
Notice to CITY shall be addressed as follows :
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Notice to OWNER shall be addressed as follows :
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
10. Amendments :
This Agreement may only be amended by mutual written
consent of the parties .
4 .
8 7-3W 10
11 . Duplicate Originals :
This Agreement is executed in duplicate originals, each
of which is deemed to be an original .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
at Huntington Beach, California on the day, month, and year first
above written.
HUNTINGTON H COMPANY CITY OF INGTO B A H
CIP COR I N
V' resident May
Secretary
ATTEST: APPROVED AS TO FORM:
City Clerk City tt rney
/;� J's -r,
REVIEWE D APPROVED: I IATED AND APPR ED:
� �.
Ci Adminis r De u y City Administrator
Re velopment
i
177iL
12/15/86
l
5.
�anaa v[ c.f+l+1rUKNiA ) ss:
COUNTY OF ORANGE )
1
On this 44 day o ' �jC?/ , 19�� , before me,
a Notary Public in and for saic County and State, personally appeared
=&,r,K known to me to be the Mayor
and ALtt L� �f. LA+f- hi►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.
..ti
OFF"!AL SEAL �•
WINN,i.' A BROCKWAY
k '" NOTAR`r CUBI.IC -CAUFORNIA
t i„V4�r
{; nrt 444E OD N TY
My c^mm. expire3 OCT IU, 1989
8 7-3 610
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this �q �h day of UP- C�f'f _ 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared ' known to me or proved to me on the basis
of satisfactory evidence to be the Yic_e. President , and
known to me or proved to me on the basis of
satisfactory evidence to be the ASSlslak Secretary - _ItC_._ of HUNTINGTON
BEACH COMPANY, that executed the within instrument, and personally
known to me to be the persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
Signature: V 1,SZJlna,.UL&4__-,
OFFICIAL SEAL
THERESA KILLEEN
�► ,,' Notary Public-California
• ORANGE COUNTY Theresa Killeen
µ My Comm. Exp.Jan. 26, tiggp
2110 Main St., Huntington Beach,CA 92648
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
87-303610
EXHIBIT A
DESCRIPTION OF ATLANTA PROPERTY
A portion of Section 14, Township 6, Range 11 West, in the City of Huntington Beach,
County of Orange, State of California, generally bounded by and extending to the
centerlines of the following streets:
Atlanta Avenue to the north; Huntington Avenue, to the east and southeast; Pacific Coast
Highway (Ocean Avenue), to the southwest; and Lake Steet (First Street), to the west and
northwest.
87. 303810
v FiECO DES OFFICIAL
Rds
OF ORANGE L
TY. CALI JRNIA
.gso PMAY 29 '87 A
s > �
" - rA
REC
ATLANTA
vp
m
v
8003610
LLIFORNIA
BEA-Ufl A&.
AAP
ATLANTA
40
44
3O FEET
ATLAIMTA AVENUE PROPERTY
2u FEET"7
ae
D 90 FEET
D
0
l9
a�,C®
EXE�IniT 2
REQUE* FOR CITY COUNC ACTION
Date f)acPmhar In, 19M
Submitted to: To Honorable Mayor and City Council Y G
Gl�� VU�GI�-
Submitted by: Charles W. Thompson, City Administrat r �V
Prepared by: Paul E. Cook, Director of Public WorkD�?
Subject: AGREEMENT WITH HUNTINGTON BEACH COMPANY ERTAIN cITY
CERTAIN ARTERIAL STREET IMPROVEMENTS IN THE - I
REDEVELOPMENT AREA
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE:
In order to fully develop arterial highways to accommodate redevelopment in the
Main-Pier area, it is necessary to acquire the necessary street rights-of-way within the
Huntington Beach Company's Atlanta.Property.
RECOMMENDATION:
Approve the agreement between the City and the Huntington Beach Company providing
for the Company to dedicate the necessary rights-of-way for the widening and full
improvements on the south side of Atlanta Avenue from Huntington Street to Lake Street
and the east side of Lake Street from Pacific Coast Highway to Atlanta Avenue, as well
as full improvements for the extension of Walnut Avenue from Lake Street to Huntington
Street.
ANALYSIS:
In order to improve traffic flow to accomdate redevelopment in the Main-Pier area, it
will be necessary to fully develop the arterial highways in the area including 6th Street,
Orange Avenue, Walnut Avenue, Lake Street and Atlanta Avenue. The City does not now
have adequate rights-of-way to widen many of these streets. Within the Huntington
Beach Company's Atlanta property which is shown on the attached map, 20 feet of
additional right-of-way is needed on both Lake Street and Atlanta Avenue. Also, in order
to construct the extension of Walnut Avenue,,.anllieet of right-of-way needs to be acquired
for that highway.
The Huntington Beach Company has agreed to dedicate the necessary rights-of-way to the
City in exchange for the City constructing all the required improvements including
pavement, curb and gutter, sidewalk, landscaping, street lights, water lines and storm
drains.
These improvements will be installed when the City Council deems them to be necessary.
FUNDING SOURCE:
The cost of these street improvements will be financed from yet undetermined sources.
Alternative funding sources are redevelopment funds, City gas tax, Federal aid and
County aid.
-4�
PIO 5/85 J
C
RCA - Agreement with H.B. Company
Pretaining to Certain Arterial St. Imp.
in the Main-Pier Redevelopment Area
December 10, 1986
Page 2
Y•
ALTERNATIVE ACTION:
1. Do not approve the attached agreement.
2. Negotiate a new agreement.
ATTACHMENTS•
1. Agreement
2. Map.
CW T:PEC:dw
1137g
�'`.#� �fi?�.as.'�.+..,�,eEL�t`�'' �
n. � 6
,�. ATLANTA
uj
t
i r
R-N I A :
P. I .k
ATLANTA
• ••4�`~ �, ELF i� i
ED
h
0C
Div; •. r - Z
\ e \
REQUE FOR CITY COUNC ACTION
Date ()PramhPr I n, 19Rf�
Submitted to: To Honorable Mayor and City Council GGU�GIL
Submitted by: Charles W. Thompson, City Administrat r ovy
Prepared by: Paul E. Cook, Director of Public Works De ._ .
v� �L1yg
Subject: AGREEMENT WITH HUNTINGTON BEACH COMPANY ERTAIN ctx� ,
CERTAIN ARTERIAL STREET IMPROVEMENTS IN THE - I
REDEVELOPMENT AREA
Consistent with Council Policy? [XI Yes [ ] New Policy or Exception
C AIV
7 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: l3
STATEMENT OF ISSUE:
In order to fully develop arterial highways to accommodate redevelopment in the
Main-Pier area, it is necessary to acquire the necessary street rights-of-way within the
Huntington Beach Company's Atlanta Property.
RECOMMENDATION:
Approve the agreement between the City and the Huntington Beach Company providing
for the Company to dedicate the necessary rights-of-way for the widening and full
improvements on the south side of Atlanta Avenue from Huntington Street to Lake Street
and the east side of Lake Street from Pacific Coast Highway to Atlanta Avenue, as well
as full improvements for the extension of Walnut Avenue from Lake Street to Huntington
Street.
ANALYSIS:
In order to improve traffic flow to accomdate redevelopment in the Main-Pier area, it
will be necessary to fully develop the arterial highways in the area including 6th Street,
Orange Avenue, Walnut Avenue, Lake Street and Atlanta Avenue. The City does not now
have adequate rights-of-way to widen many of these streets. Within the Huntington
Beach Company's Atlanta property which is shown on the attached map, 20 feet of
additional right-of-way is needed on both Lake Street and Atlanta Avenue. Also, in order
to construct the extension of Walnut Avenue, 80 feet of right-of-way needs to be acquired
for that highway.
The Huntington Beach Company has agreed to dedicate the necessary rights-of-way to the
City in exchange for the City constructing all the required improvements including
pavement, curb and gutter, sidewalk, landscaping, street lights, water lines and storm
drains.
These improvements will be installed when the City Council deems them to be necessary.
FUNDING SOURCE:
The cost of these street improvements will be financed from yet undetermined sources.
Alternative funding sources are redevelopment funds, City gas tax, Federal aid and
County aid.
PIO 5/85
RCA - Agreement with H.B. Company
Pretaining to Certain Arterial St. Imp.
in the Main-Pier Redevelopment Area
December 10, 1986
Page 2
ALTERNATIVE ACTION:
1. Do not approve the attached agreement.
2. Negotiate a new agreement.
ATTACHMENTS•
1. Agreement
2. Map.
CWT:PEC:dw
1137g
a� r -y V1 �s�
AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND THE HUNTINGTON BEACH COMPANY
CONCERNING HUNTINGTON BEACH COMPANY ' S
ATLANTA AVENUE PROPERTY
This Agreement is entered into this dap of December ,!
1986, at Huntington Beach, California, by and between the
HUNTINGTON BEACH COMPANY hereinafter called "OWNER, " and the CITY
OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter called "CITY. "
WITNESSETH
WHEREAS, OWNER owns the Atlanta Avenue property described on
Exhibit A attached hereto and hereinafter called the "Property" ;
and
WHEREAS, THE CITY would like OWNER to dedicate certain
portions of the Property to the CITY for public use and
development; and
WHEREAS, in consideration of OWNER' s dedication of such
portions of the Property, CITY is willing to install at CITY ' s
sole cost and expense certain public improvements on the dedicated
portions of the Property.
NOW, THEREFORE, the parties hereto agree as follows :
1 . Authority:
Each party hereto represents to the other that it has
full and complete authority to enter into this Agreement , and that
each party hereto considers this Agreement to be fair , reasonable
and advantageous to each, and this Agreement shall be binding
regardless of the fact that the rights and obligations may be
dealt with by successor legislative bodies of CITY .
1 .
2 . Owner ' s Obligation:
OWNER agrees to dedicate to CITY upon City ' s demand, and
CITY agrees to accept those portions of the Property necessary for
public street Improvements , as said Improvements are hereinafter
described, in Lake Street , Walnut Avenue and Atlanta Avenue as
said streets are shown on Exhibit B, attached hereto . Said
streets may be constructed in locations other than shown on
Exhibit B by mutual agreement of OWNER and CITY . In the event the
portions of the Property necessary for the Improvements have not
been dedicated to the CITY within twenty ( 20 ) years of the date
hereof , this agreement shall terminate and neither party hereto
shall have any further obligation to the other hereunder . It is
hereby agreed that OWNER ' s obligations dedicate for said streets --
shall be limited as follows :
a . Lake Street - Twenty feet ( 20 ' ) of property for
widening Lake Street to a total width of Ninety five feet ( 95 ' ) .
b . Atlanta Avenue - Thirty feet ( 30 ' ) of property for
widening Atlanta Avenue to a total width of Ninety feet ( 90 ' ) .
C . Walnut Avenue - Ninety feet ( 90 ' ) of property for
widening Walnut Avenue to a total width of Ninety feet ( 90 ' ) .
3 . In consideration of OWNER making the above described
dedication to CITY, CITY shall , at its sole cost , construct or
cause to be constructed, all required public street improvements
for Lake Street , Walnut Avenue and Atlanta where such streets
adjoin or pass through the Property, and no costs for such
improvements shall be imposed upon owner as a condition of any
development . As used in this section, required public street
2
improvements shall include, but shall not be limited to ,
excavation, grading, compacted base, asphalt paving, striping,
concrete curbs , sidewalks, gutters and medians, water lines, fire
hydrants, sewer lines and manholes, storm drains and inlet
structures , street lights, signage, landscaping, and irrigation
systems located within the public right of way, in accordance with
Standard Plans of CITY ( hereinafter collectively called "the
Improvements" ) . The Improvements shall be installed concurrently
with the development of the Property or any portion thereof for
which any portion of the Improvements are required . CITY may
install the Improvements or any portion thereof prior to the
development of the Property.
4 . Processing Fees :
No provision of this Agreement shall be construed to
limit the authority of the CITY to charge processing fees for land
use approvals , building permits, and other similar permits and
entitlements which are in force and effect on a city-wide basis at
the time those permits are applied for, except to the extent that
any such processing fees would be inconsistent with this Agreement .
5 . California Law and Attorneys Fees :
This Agreement shall be construed in accordance with the
laws of the State of California . Should legal action be brought
by either party for breach of this Agreement , or to enforce any
covenants and there provisions herein, the prevailing party of
such action shall be entitled to reasonable attorney fees and all
costs including, but not limited to, court costs .
6 . No Joint Venture:
The parties hereby renounce the existence of any form of
joint venture or partnership between them and agree that nothing
3 .
contained herein, or in any document executed in connection
herewith, shall be construed as making CITY and OWNER joint
venturers or partners . ..
7 . Legal Challenge:
In the event of any legal action instituted by any third
party, or other governmental entity or official , challenging the
I
alidity of any of the provisions of this Agreement , the parties
agree to cooperate in defending said action .
8 . Best Interest :
CITY has found and determined that execution of this
Agreement is in the best interests of the public health, safety
and general welfare, and the provisions of this Agreement are
consistent with existing ordinances of the CITY .
9 . Notice •
All notices required by this agreement shall be in
writing and delivered in person or by certified mail , as follows :
Notice to CITY shall be addressed as follows :
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Notice to OWNER shall be addressed as follows :
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
10 . Amendments •
This Agreement may only be amended by mutual written
consent of the parties .
4 ,
i •
11 . Duplicate Originals :
This Agreement is executed in duplicate originals, each
of which is deemed to be an original .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
at Huntington Beach, California on the day, month, and year first
above written .
HUNTINGTON H COMPANY CITY HUNTINGTON BEACH
V, resident Mayor
Secretary;/
ATTEST: APPROVED AS TO FORM:
,r
City Clerk City Attorney
REVIEWE D APPROVED: INITIATED AND APPROVED:
i
Ci Adminis r Deputy City Administrator
Redevelopment
1771L
12/15/86
5.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of 1 c' [`� C'_� , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared known to me or proved to me on the basis
of satisfactory evidence to be the , and
E °' known to me or proved to me on the basis of
satisfactory evidence to be the I - --- - of HUNTINGTON
BEACH COMPANY, that executed the within instrument, and personally
known to me to be the persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
1ITNESS my hand and official seal.
Signature:
N% J,..aa..;�: ,_;�, . Theresa Killeen
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1126/90
EXHIBIT A
DESCRIPTION OF ATLANTA PROPERTY
A portion of Section 14, Township 6, Range 11 West, in the City of Huntington Beach,
County of Orange, State of California, generally bounded by and extending to the
centerlines of the following streets:
Atlanta Avenue to the north; Huntington Avenue, to the east and southeast; Pacific Coast
Highway (Ocean Avenue), to the southwest; and Lake Steet (First Street), to the west and
northwest.
ILI'm EL
BEACH
ILIFORNIA
1AP
ATLANTA t
4 O
> r 30 FEET ;
co ATLANTA AVENUE PROPERTY
v ZO FEET
41
90 FEET
o
EXHIBIT D
AGREEMENT BETWEEN THE CITY OF HUNTINGTON ,
BEACH AND THE HUNTINGTON BEACH COMPANY
CONCERNING HUNTINGTON BEACH COMPANY ' S
ATLANTA AVENUE PROPERTY
This Agreement is entered into this day of ecember ,
1986, at Hu tington Beach, California, by and betwee the
HUNTINGTON B ACH COMPANY hereinafter called "OWNER " and the CITY
OF HUNTINGTON EACH, a municipal corporation of e State of
California, her inafter called "CITY. "
WITNESSETH
WHEREAS, OWNER owns the Atlanta Avenue roperty described on
Exhibit A attached he eto and hereinafter alled the "Property" ;
and
WHEREAS, THE CITY wo ld like OWNER o dedicate certain
portions of the Property to the CITY fo public use and
development; and
WHEREAS, in consideration f OWN -R' s dedication of such
portions of the Property, CITY is wi ling to install at CITY ' s
sole cost and expense certain publi improvements on the dedicated
portions of the Property.
NOW, THEREFORE, the parties he eto gree as follows :
1 . Authority:
Each party hereto represents to th other that it has
full and complete authority to en er into this �
reement and that
9
each party hereto considers this ` greement to be air , reasonable
and advantageous to each, and this Agreement shall e binding
regardless of the fact that the ights and obligation may be
dealt with by successor legislative bodies of CITY.
1 . \
2. Owner 's Obligation:
OWNER agrees to dedicate to CITY upon City 's mand, and
CITY agrees to accept those portions of the Property n cessary for
public street Impr ements, as said Improvements are hereinafter
described, in Lake treet, Walnut Avenue and Atlan a Avenue as
said streets are sh wn on Exhibit B, attached he to. Said
streets may be cosst ucted in locations other an shown on
Exhibit B by mutual a reement of OWNER and CI Y. In the event the
portions of the Proper necessary for the mprovements have not
been dedicated to the C Y within twenty 20 ) years of the date
hereof, this agreement sh- 11 terminate a d neither party hereto
shall have any further obligation to t e other hereunder . It is
hereby agreed that OWNER sh 11 not b ' required to dedicate -- - �t
portions of the Property nece sary - o widen Lake Street in excess
of twenty ( 20 ) feet or necessa o make Walnut Avenue more than
ninety ( 90 ) feet wide and Atlant Avenue more than one hundred
(100 ) feet wide .
3. In consideration of OWNER aking the above described
dedication to CITY, CITY sh 1 , at it sole cost , construct or
cause to be constructed, a 1 required blic street improvements
for Lake Street, Walnut A enue and Atlan a where such streets
adjoin or pass through t e Property, and costs for such
improvements shall be i ,posed upon owner as a condition of any
development . As used ,in this section, requir d public street
improvements shall i lude, but shall not be li ited to,
excavation, grading, compacted base, asphalt pavi ,�g, striping,
concrete curbs, sid walks, gutters and medians, water lines, fire
hydrants, sewer lines and manholes, storm drains andnlet
2.
structures, street lights, signage, landscaping, and irrig tion
systems located within the public right of way, in accor nce with
Standard Plans of CITY (hereinafter collectively calle "the
Improvements" ) . The Improvements shall be installed oncurrently
with the deve opment of the Property or any portion thereof for
which any por ion of the Improvements are require CITY may
install the Im rovements or any portion thereof rior to the
development of he Property.
4 . Proces ing Fees :
No provi ion of this Agreement s all be construed to
limit the authority f the CITY to charg processing fees for land
use approvals, buildi g permits, and o er similar permits and
entitlements which are n force and e fect on a city-wide basis at
the time those permits a e applied or, except to the extent that
any such processing fees w uld be nconsistent with this Agreement .
5. California Law an Att me s Fees :
This Agreement steal e construed in accordance with the
laws of the State of Californ ' Should legal action be brought
by either party for breach o th Agreement, or to enforce any
covenants and there provis ' ns her in, the prevailing party of
such action shall be enti led to reasonable attorney fees and all
costs including, but not limited to, curt costs .
6. No Joint Vent re :
The parties ereby renounce the xistence of any form of
joint venture or part ership between them an agree that nothing
contained herein, or in any document executed i'j connection
herewith, shall be onstrued as making CITY and OW ER joint
venturers or partne s .
3.
7 . Legal Challenge:
In the event of- any legal action instituted by any third
party, or other governmental entity or official, challenging the
validity of any of the provisions of this Agreement, the parties
agree to cooperate in defending said action.
8 . Best Interest :
CITY has found and determined that e ecution of this
Agreemen is in the best interests of the pu lic health, safety
and genera welfare, and the provisions of this Agreement are
consistent w h existing ordinances of t e CITY.
9. Noti
All notices required by th ''s agreement shall be in
writing and deliver d in person or y certified mail , as follows :
Notice to TY shall be addressed as follows :
City Adm ' nistrat r
City of Hu tin on Beach
2000 Main St et
Huntington e h, CA 92648
Notice to OWNS shall be addressed as follows :
Huntingt n Beach mpany
2110 M in Street
Hunt ' gton Beach, CA 648
10. Amendmen s • \
This A reement may only be amend by mutual written
consent of the arties .
r,
4.
• •
11 . Duplicate Originals :
This Agreement is executed in duplicate originals each
of which is deemed to be an original .
IN WITNESS WHEREOF, the parties hereto have caused his
Agreement to be executed by and through their authoriz d officers
at Huntin ton Beach, California on the day, month, a year first
above writ en .
HUNTINGTON BEA COMPANY CITY HUNTI GTON BEACH
Vice President Mayor
Secretary
ATTEST: AP ROVED AS TO FORM:
City Clerk City Attorney
J X..
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Deputy City Administrator
Redevelopment
1771L
12/15/86
5.
EXHIBIT A
DESCRIPTION OF ATLANTA PROPERTY
A portion of Section 14 Township 6, Range 11 West, in the City of Huntington Beach,
County of Orange, Stat of California, generally bounded b and extending to the
centerlines of the following treets:
Atlanta Avenue to the north; untington Avenue, to the eas and southeast; Pacific Coast
Highway (Ocean Avenue), to th southwest; and Lake Steet First Street), to the west and
northwest.
r`
i
EXHIBIT b
Map of Atlanta Propert showing proposed rights of way of Lake Walnut�a Atlanta.
I fig
i
L) EACIT Ai
LIFORNIA
NP
AT NTA 1
r 50 FEET W
ATLANTA AV UE PROPERTY
vP 20 FEET
90 ET
= z
3•
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f
EXHIBIT