HomeMy WebLinkAboutL.C. Smull - Mansion Lusk - 1974-10-24City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
January 15, 1975
Honorable Mayor
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Parkway Maintenance Agreement
with L.C. Smull
Gentlemen:
Transmitted herewith is a parkway maintenance agreement
between the City and L. C. Smull which calls for the developer
to maintain the southerly four feet of the Adams Avenue right
of way at the shopping center on the southeast corner of Adams
and Magnolia Street.
The area covered by the agreement was landscaped according
to the developer's own design rather than the City's standard
plan. The agreement sets forth the developer's responsibility
to maintain that area in accordance with the City's standards
and to hold the City harmless from damages arising out of the
maintenance operations.
I recommend that your Honorable Body approve the
agreement.
Very truly yours,
H. E. Hartge
Director of Public Works
HEH:DLC:mc
Encl.
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 24th day
of October, 1974, by and between L. C. SMULL (hereinafter
referred to as "DEVELOPER"), and THE CITY OF HUNTINGTON BEACH,
a political subdivision of the State of California (herein-
after referred to as "CITY") with reference to the following
facts:
WHEREAS, in connection with the development of Lot 82
Tract 4284 (Assessor's Parcel 151-191-19) in Huntington Beach,
California, DEVELOPER has dedicated land along the southerly
side of Adams Avenue for right of way purposes, which land is
fully set out in the diagram attached hereto and incorporated
herein as Exhibit "A"; and
WHEREAS, DEVELOPER desires to provide for landscape main-
tenance of the southerly four feet of the Adams Avenue right-
of-way in accordance with requirements of the City of Huntington
Beach, which area is set out and delineated in Exhibit "A"
attached hereto; and
WHEREAS, by this agreement, the parties hereto desire to
clarify and specifically delineate their respective obligations
with respect to the maintenance of the aforedescribed parkway
strip,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1.
1. DEVELOPER agrees to construct and maintain the land-
scaping of the southerly four feet of Adams Avenue of Lot 82
of Tract 4284, as -shown in book 163, pages 34 to 37, inclusive,
of Miscellaneous Maps, Records of Orange County, State of
California. Such maintenance shall include watering, repairing,
and/or adjusting irrigation systems when failures occur, ferti-
lizing, cultivating, edging, performing general planting and
trimming or other corrective gardening, spraying grass and
plants with both insecticides and herbicides, and generally
keeping the landscaped strip in a clean, safe and attractive
condition. Such gardening and landscaping shall take 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 the sidewalk area to obstruct or hinder walking or driving
traffic. Water, soil, or other material shall not be allowed
to flow or spray across or onto the right-of-way from the edge
of the sidewalk to the center of the street as designated on
Exhibit "A". The landscape area shall be free from weeds, debris
and harmful insects at all times. All practices shall conform
to the Arboricultural and Landscape Standards and Specifications,
Division I, issued by the City Department of Public Works.
2. In the event any damage is caused to the sidewalk,
curb, gutter, street or utilities as a result of the failure
to properly maintain the landscaped area, DEVELOPER agrees
to repair same at its expense.
0
3. DEVELOPER shall provide insurance and agree to hold
CITY harmless as follows:
(1) Combined single limit bodily injury and/or
Property Damage: $1,000,000 aggregate.
(2) Additional Insured Endorsement:
The insured agrees that the City of Huntington
Beach and/or members of the Huntington Beach
City Council, and/or all City Council -appointed
groups, committees, commission, 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 assureds hereunder.
(3) Hold Harmless Agreement:
The insured agrees to protect, defend, indemnify
and save harmless the City of Huntington Beach
against loss, damage or expense by reason -of any
suits, claims, demands, judgments and causes of
action caused by insured, his employees, agents
or any subcontractor arising out of or in con-
sequence of the performance of all operations
covered by this Agreement.
4. DEVELOPER shall remain responsible for the obligations
set out herein, unless upon transfer of Lot 82, Tract 4284, or
any portion thereof by -DEVELOPER, the transferee(s) assume said
obligations in writing on a form to be approved by CITY.
3.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year hereinabove set forth.
ATTEST:
�*' J/.�
City Clerk
VED AS T9..,FOR
City Attorney
APPROVED AS TO CONTENT:
tf::-i:M4 C9. Z��
City Administrator
CITY OF HUNTINGTON BEACH,
a municipal corporation,
ryx
By t
Mayor
DEVELOPE
By
. C. mull
4.
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October 22, 1974
Business Properties Incorporated
11844 Sky Park Boulevard
Irvine, Ca. 92707
Attention: Darrylle Stafford
Gentlemen:
Enclosed is a revised parkway maintenance agreement
between Downey Savings and Loan Association and the City
of Huntington Beach relevant to the landscaped parkway
on Adams Avenue at Magnolia Street in Huntington .Beach.
All suggested revisions have been made.
Please return
agreement so that
for execution.
HEI1: DLC : el
Enc.
a signed, notarized copy of the
I may transmit it to the City Council
Very truly yours,
11. E . Hartge
Director of Public Works
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1974, by and betweem DOWNEY SAVINGS AND
LOAN ASSOCIATION (hereinafter referred to as "DEVELOPER"), and
THE CITY OF HUNTINGTON BEACH, a political subdivision of the
State of California (hereinafter referred to as "CITY") with
reference to the following facts:
WHEREAS, in connection with the development of Lot 82
Tract 4284 (Assessor's Parcel 151- 191-19) in Huntington Beach,
California, DEVELOPER has dedicated land along the southerly
side of Adams Avenue for right of way purposes, which land is
fully set out in the diagram attached hereto and incorporated
herein as Exhibit "A"; and
WHEREAS, DEVELOPER desires to provide for landscape main-
tenance of the southerly four feet of the Adams Avenue right-of-
way in accordance with requirements of the City of Huntington
Beach, which area is set out and delineated in Exhibit "A"
attached hereto; and
WHEREAS, by this agreement, the parties hereto desire to
clarify and specifically delineate their respective obligations
with respect to the maintenance of the aforedescribed parkway
strip,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
MHM:er
10/18/74 1.
e
1. DEVELOPER agrees to construct and maintain the land-
scaping of the southerly four feet of Adams Avenue of Lot 82
of Tract 4284, as shown in book 163, pages 34 to 37, inclusive,
of Miscellaneous Maps, Records of Orange County, State of
California. Such maintenance shall include watering, repairing,
and/or adjusting irrigation systems when failures occur, ferti-
lizing, cultivating, edging, performing general planting and
trimming or other corrective gardening, spraying grass and
plants with both insecticides and herbicides, and generally
keeping the landscaped strip in a clean, safe and attractive
condition. Such gardening and landscaping shall take 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 the sidewalk area to obstruct or hinder walking or driving
traffic. Water, soil, or other material shall not be allowed
to flow or spray across or onto the right-of-way from the edge
of the sidewalk to the center of the street as designated on
Exhibit "A". The landscape area shall be free from weeds, debris
and harmful insects at all times. All practices shall conform
to the Arboricultural and Landscape Standards and Specifications,
Division I. issued by the City Department of Public Works.
2. In the event any damage is caused to the sidewalk,
curb, gutter, street or utilities as a result of the failure
to properly maintain the landscaped area, DEVELOPER agrees
to repair same at its expense.
2.
r
3. DEVELOPER shall provide insurance and agree to hold
CITY harmless as follows:
(1) Combined single limit bodily injury and/or
Property Damage: $1,000,000 aggregate.
(2) Additional Insured Endorsement:
The insured agrees that the City of Huntington
Beach and/or members of the Huntington Beach
City Council, and/or all City Council -appointed
groups, committees, commission, 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 assureds hereunder.
(3) Hold Harmless Agreement:
The insured agrees to protect, defend, indemnify
and save harmless the City of Huntington Beach
against loss, damage or expense by reason of any
suits, claims, demands, judgments and causes of
action caused by insured, his employees, agents
or any subcontractor arising out of or in con-
sequence of the performance of all operations
covered by this Agreement.
4. DEVELOPER shall remain responsible for the obligations
set out herein, unless upon transfer of Lot 82, Tract 4284, or
any portion thereof by DEVELOPER, the transferee(s) assume said
obligations in writing on a form to be approved by CITY.
3•
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year hereinab ove set forth.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
City Administrator
CITY OF HUNTINGTON BEACH,
a municipal corporation,
LM-
DOWNEY SAVINGS AND LOAN ASSOCIATION
By
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AREA wirHlN A6REEMENr
A to A M S A VENZIE
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CUR8 FACE
i -s
PARKiVAY MAINTENANCE AGREEMENT
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ME Cl" Of ,Vd1Nr/Nl3rMV &EACH, DEPARTMENT
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To
Mike Miller
T--Ar11W.TVT"1-h, 43 1 -Tit 0
From Darrel Cohoon
Subject Agreement with Business Date October 18,,1974
Properties Incorporated
The subject agreement was drafted by you on October.9,',19741,
and then sent to Business Properties for their execution. Today
Darrylle Stafford, an attorney. with Business Properties.,: contacted
me with suggested changes to.theagreement;
1. The agreement should be between the City. and Downey Savings
and Loan Association, not Business Properties.
2. Stafford objects to Paragraph 3 (1) because it calls for
products.liability, and Business Properties engages,in n6mmu-
facturing.
3. Stafford also objects to Paragraph 3 (4). claiming it is
impossible for Business Properties to.guarantee'.tLt UaAy persoA,-90
etc,*"
Could you please contact Mr. Stafford at 979-8800.anddiscuss
items 2 and 3 above with him and then make any changes.you :deem
necessary in the agreement including item 1 above. I '
ar rel torloBn
Departmental Analyst.
DLC:jy
City of Huntington Beach
P.O. BOX Igo CALIFORNIA OU"
ENGINEERING DEPARTMENT
October 11, 1974
Business Properties Incorporated
17840 Sky Park Boulevard
Irvine, Ca. 92707
Gentlemen:
Attached please find an agreement between Business
Properties Incorporated and the City of Huntington Beach
pertaining to the maintenance of the landscaped area in
public right of way adjacent to the shopping center at
the southeast corner of Adams Avenue and Magnolia Street
in Huntington Beach.
Please sign the agreement and return it to this office
so that I may transmit it to the City Council for their
approval. If you have any questions on this matter, please
contact Darrel Cohoon at 536-5435.
Very truly yours,
H. E. Hartge
Director of Public Works
HEH:DLC:el
Attach.
d' W CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGT M BEACH
DARREL COHOON MICHAEL H. MILLER
To Public Works Department From Deputy City Attorney
Subject Parkway Maintenance Date October 10, 1974
Agreement - Business
Properties, Inc.
Please review the attached redraft of the Parkway
Maintenance Agreement. If it is O.K., I recommend that you
forward a copy to Business Properties, Inc. for their review.
When ready for finalization, please contact this office
with whatever changes are to be made, if any.
Please contact me immediately if there are any
question.
MICHAEL H. MILLER
Deputy City Attorney
MHM:er
Attachment
1p
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1974, by and betweem BUSINESS PROPERTIES,
INCORPORATED (hereinafter referred to as "DEVELOPER"), and
THE CITY OF HUNTINGTON BEACH, a political subdivision of the
State of California (hereinafter referred to as "CITY") with
reference to the following facts:
WHEREAS, in connection with the development of Lot 82
Tract 4284 (Assessor's Parcel 151-191-19) in,Huntington Beach,
California, DEVELOPER has dedicated land along the southerly
side of Adams Avenue for right of way purposes, which land is
fully set out in the diagram attached hereto and incorporated
herein as Exhibit "A"; and
WHEREAS, DEVELOPER desires to provide for landscape main-
tenance of the southerly four feet of the Adams Avenue right-of-
way in accordance with requirements of the City of Huntington
Beach, which area is set out and delineated in Exhibit "All
attached hereto; and
WHEREAS, by this agreement, the parties hereto desire to
clarify and specifically delineate their respective obligations
with respect to the maintenance of the aforedescribed parkway
s trip,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
MHM: er 1.
10/9/74
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1974, by and betweem BUSINESS PROPERTIES,
INCORPORATED (hereinafter referred to as "DEVELOPER"), and
THE CITY OF HUNTINGTON BEACH, a political subdivision of the
State of California (hereinafter referred to as "CITY") with
reference to the following facts:
WHEREAS, in connection with the development of Lot 82
Tract 4284 (Assessor's Parcel 151-191-19) in,Huntington Beach,
California, DEVELOPER has dedicated land along the southerly
side of Adams Avenue for right of way purposes, which land is
fully set out in the diagram attached hereto and incorporated
herein as Exhibit "A"; and
WHEREAS, DEVELOPER desires to provide for landscape main-
tenance of the southerly four feet of the Adams Avenue right-of-
way in accordance with requirements of the City of Huntington
Beach, which area is set out and delineated in Exhibit "All
attached hereto; and
WHEREAS, by this agreement, the parties hereto desire to
clarify and specifically delineate their respective obligations
with respect to the maintenance of the aforedescribed parkway
s trip,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
MHM: er 1.
10/9/74
1. DEVELOPER agrees to construct and maintain the land-
scaping of the southerly four feet of Adams Avenue of Lot 82
of Tract 4284, as shown in book 163, pages 34 to 37, inclusive,
of Miscellaneous Maps, Records of Orange County, State of
California. Such maintenance shall include watering, repairing,
and/or adjusting irrigation systems when failures occur, ferti-
lizing, cultivating, edging, performing general planting and
trimming or other corrective gardening, spraying grass and
plants with both insecticides and herbicides, and generally
keeping the landscaped strip in a clean, safe and attractive
condition. Such gardening and landscaping shall take 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 the sidewalk area to obstruct or hinder walking or driving
traffic. Water, soil, or other material shall not be allowed
to flow or spray across or onto the right-of-way from the edge
of the sidewalk to the center of the street as designated on
Exhibit "A". The landscape area shall be free from weeds, debris
and harmful insects at all times. All practices shall conform
to the Arboricultural and Landscape Standards and Specifications,
Division I, issued by the City Department of Public Works.
2. In the event any damage is caused to the sidewalk,
curb, gutter, street or utilities as a result of the failure
to properly maintain the landscaped area, DEVELOPER agrees
to repair same at its expense.
2.
3. DEVELOPER shall provide insurance and agree to hold
CITY harmless as follows:
(1) Combined single limit odily injury and/or
Property Damage, inclu'ing Products Liability:
$1,000,000 aggregate.
(2) Additional Insured Endorsement:
The insured agrees that 'the City of Huntington
Beach and/or members ofhe Huntington Beach
City Council, and/or dll,f ity Council -appointed
groups, committees, co, iosion, boards and any
I.
other City Council-app inted body, and/or elective
and appointive officer servants or employees. of
the City of Huntington ea�h, when acting as such,
(3)
(4)
are additional assureds
Hold Harmless Agr�emer t
The insured hgree4 to
and save harrsles s � the
against loss; damate o
suits, claimsi, de4nds
action caused!by i ur
or any subcont1racto . a
sequence cif the perfr
covered byq•this� Agreed
Any person engaging i'
by ordinance, resolut
i
a
3•
reunder.
teat, defend, indemnify
y of Huntington Beach
�xpenoe by reason of any
dgm�nts and causes of
i � his �� mployees, agents
L ng o t of or in con-
tn. of'ill operations
4r,
t �p
active ty determined
4
i o` the City Administra-
r
Y
for to subject the City to a possibility of
liability shall provide the City with a certi-
ficate of insurance on a form approved and pro-
vided by the City.
4. DEVELOPER shall remain responsible for the obligations
set out herein, unless upon transfer of Lot 82, Tract 4284, or
any portion thereof by DEVELOPER, the transferee(s) assume said
obligations in writing on a form to be approved by CITY.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year hereinabove set forth.
ATTEST:
My Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
City Administrator
CITY OF HUNTINGTON BEACH,
a municipal corporation,
By
Mayor
BUSINESS PROPERTIES, INCORPORATED
By
4.
ADAMS
AMA Wlrlll.V AGREEMENT
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PARAIWAY RWNrEhIANCE AGREEMENT
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CITY OF HUNTIOMTON BEACH
INTER -DEPARTMENT COMMUNICATION
IN %11N(. ION WA( 11
To City Attorney From Darrel L. Cohoon
Admin. Aide, D.P.W.
Subject REQUEST FOR WRITTEN AGREEMENT Date November 6, 1973
Business Properties, Inc., is building a shopping center at
the southeast corner of Adams and Magnolia and wishes to establish
a landscaped strip in the public right-of-way adjacent to their
development on the north side. The City is willing to allow them
to develop this landscaped area provided that they agree (1) to
maintain the landscape area after building and planting it, and (2)
to accept all liability for any damages that might occur in the
landscaped area during or after development.
The strip of property in question is 516.39 feet long measured
on the west from the property line of the existing Arco service
station and on the east to a proposed driveway. The strip is four
feet wide and is the interior four feet of a twelve foot parkway.
The exterior eight feet will be sidewalk.
I realize that the above information will not provide you with
sufficient information on which to base the written agreement. Please
contact me at extension 370 and I will be happy to provide you with
whatever additional information you may need.
1
1
Darre L. Cohoon
Admin. Aide,
Department of Public Works
DLC:ml
i f
CITY OF Hu nnaon BEACH
P.O. 60X 190. CALIFORNIA 92648
PLANNING DEPT. (714) S36-5271
CONDITIONS OF APPROVAL
DIVISION OF LAND NO. 73-20
BOARD OF ZONING ADJUSTMENTS
AUGUST 1, 1973
TO BEiCOMPLETED PRIOR TO ISSUANCE OF BUILDING PIRWITS:
ktj
r
del 2.
�. 3.
4.
The parcel map received May 16, 1973 shall bf th*
approved layout.
M gnolia and Adams shall be dedicated to City standards
a the time each parcel is developed.
Division of Land shall not be effective until a C V9 t
and Agreement is signed agreeing to the conditions of
approval.
R ciprocal ingress and egress and parking ogre east *boll
b submitted to the Planning Department prior to is$U4%C l
of building permit, form and content to be ApprOVO4 by
the City Attorney.
B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION:
1. A!''parcel map and Covenant and Agreement shall be filed
with the City and recorded prior to framing inspection
of any structures on any parcel.
C. TO BE COMPLETED PRIOR TO -OCCUPANCY OR ISSUANCE OF A CERTIFICATE
OF OCCUPANCY:
1. Water supply shall be through the City of Huntin ton
B�ach's water system at the time each parcel is eveloped.
2. Sewage disposal shall be through the City of Huntington
Beach's sewage system at the time each parcel is developed.
4. The property shall participate in the local drainage
assessment district at the time each parcel 'is developed.
S. All utilities shall be installed underground at the
time each parcel is developed.
6. All applicable City Ordinances shall be complied with.
CITY OF HUnTInGTOn BEACH
P.O. SOX 190, CALIFORNIA 92648
PLANNING DEPT. (714) 536-5271
CONDITIONS OF APPROVAL
ADMINISTRATIVE REVIEW NO. 73-113
BOARD OF ZONING ADJUSTMENTS
August 1, 1973
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The revised plot plan received July 13, 1973 shall be the
approved layout as amended.
2. A revised plot plan shall be submitted to the Planning
Department for approval action, indicating a 32" screening
wall and altered setback on real estate building.
3. Magno,lia and Adams shall be dedicated to City standards
at the time each parcel is developed.
4. Elevations of the proposed plan submitted to the Board
of Zoning adjustments for review and approval action.
S. The water, sewer, and fire hydrant system shall be approved
by the Department of Public Works and Fire Department.
6. All buildings on lots abutting a City easement shall be
set back five (5) feet from the edge of such easement.
7. Soil and compaction reports as required by the Building
Department and the Department of Public Works shall be
submitted to the City.
8. A Division of Land application, separating this parcel
from the remaining property held under the same ownership,
shall be approved by the City.
9. Reciprocal agreements for ingress and egress shall be submitted
to the Planning Department, form and content to be approved
by the City Attorney's'office.
B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION:
1. A landscaping plan shall be submitted to the Board of
Zoning Adjustments for review and approval action.
2. Rooftop mechanical equipment shall be screened from view.
Said screening plan shall be approved by the Board of
Zoning Adjustments.
3. All signs for the proposed development shall be submitted to
the BZA for approval. Signs shall reflect a common theme
with respect to design materials and colors which are compatible
with the architectural theme of the proposed project.
AR 73-113
4. Fire alarm system conduit and appurtenances shall be
installed by the developer at locations and to specifi-
cations provided by the Fire Department.
S. Parking compounds shall be screened with a combination
of fencing and landscaping. Said plan shall be submitted
to the Planning Department for review and approval.
Fencing and landscape plans shall include the following
information:
a. A list including quantities and sizes for each
species of plants and all ground cover material.
b. Irrigation layout to include meter location, pipe
sizes, sprinkler head types, etc.
c. Fencing materials and detail drawing.
6. The structural street section of all private drives shall
be approved by the Department of Public Works.
7. The Division of Land approved by the City shall be
recorded.
8. A parcel map shall be filed with the City and recorded
prior to framing inspection of any structures on any
parcel.
C. TO BE COMPLETED PRIOR TO FINAL INSPECTION:
1. Magno'lia St. and Adams Ave, shall be fully improved
including street trees, street signs, street lights, fire
hydrants, sewer and water main extensions and modifications
to existing striping, and to treatment and reconstruction
of service road.
2. All utilities shall be installed underground.
3. Off-street parking facilities shall conform to Article 979.
4. A masonry wall shall be constructed along south and east
property lines. The height of said wall shall be such
that the top will be six (6) feet above the highest ground
surface within twenty (20) feet of the common property line.
Except within the front and exterior side yard setbacks,
in which case the height of said wall shall be reduced to
42 inches.
S. There shall be no fence, structure or landscaping constructed
or m intained over 3 1/2 feet high within a 10 ft. by 10 ft.
triangular area at the intersection of driveways and streets
or within a 25 ft. by 25 ft. triangular area at the inter-
section of streets.
AR 73-113
6. A lighting system shall be installed within the project
equa in illumination to lighting on public streets.
i
Lighting system shall be shielded to reflect away from
adjoining properties and streets.
D. TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
1. Water supply shall be through the City of Huntington
Beach's water supply system.
Z. Sewage disposal shall be through the City of Huntington
Beach's sewage system.
3. Easements for utilities or walkways shall be provided
to Department of Public Works standards.
4. The property shall participate in the local drainage
assessment district.
S. No structures, other than those shown on the approved
plot plan, shall be c onstructed within the project.
6. All applicable City Ordinances shall be complied with.
E
WM:er
4/25/74
A G R E E M E N T
THIS AGREEMENT, dated the day of ,
19743, between MANSION-LUSK, a partnership composed of Mansion
Properties, Inc., a California corporation, and Green Hills
Development, Inc., a California corporation, and the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter called
"City",
W I T N E S S E T H:
THAT WHEREAS, Mansion -Lusk is the subdivider and developer
of that certain tract within the City of Huntington Bach iden-
tified on Tract Map 6904, recorded in Book 270, Pages 23 through
29, Official Records of Orange County, California, and
WHEREAS, the approval of Tentative Tract•Map No, 6904 on
September 16, 19690 by the Planning Commission of City was
conditioned on the approval by City of a plan 4epicting.the land-
scaping along Palm Avenue (erroneously referred to in the
September 16, 1969 minutes of Planning Commission as Goldenwe.at
Street) and an agreement for maintenance of .landscaping in the
areas depicted on the map attached hereto as ;xhibit,"A",, here-
inafter called "said landscaped area", and
WHEREAS, the parties hereto desire to satisfy the oondiw.,
tions imposed by the City Planning Commission'- respe'at to
landscaping and landscaping maintenance for Tract Not 6904, and
impose certain additional conditions to ensure that the land-
1. ..
scaping currently planned for said landscaped area fits effi-
ciently and aesthetically into the proposed extension of Palm
Avenue.
NOW, THEREFORE, for and in consideration of the premises
and the performance of the covenants, conditions and agreement
hereinafter contained, the parties hereto agree as follows:
The work pursuant to this Agreement is hereby divided into
two portions, hereinafter called "Phase I" and Phase II".
Phase I work is that work in Lots A, B, C, D, E and F. and
the divider,strip nose, but excluding the street trees, as speci-
fied in the landscaping plans prepared by Patrick/Begin-Land-
scape Architecture entitled "Huntington Seacliff-City Dedicated
Areas - Tract 690411, dated December 10, 1971„ with latest revi.
sions dated January 6, 1972, consisting of three sheets numbered
Ll, L2 and L3, and hereinafter called "said landscaping plans".
All work under Phase I herein shall be completed and offered to
City for acceptance prior to June 1, 1974, unless a later date
is agreed to by the mutual consent of the parties hereto.
Phase II work is that work in said landscaped area which
is not implemented, completed and accepted in Phase I, including,
but not limited to, installation of landscaping in the divider
strip and Lot G and installation of an automatic irrigation
system to service all of said landscaped area. All work under
Phase II herein shall be completed and offered to City for
acceptance upon completion of Palm Avenue to its planned ulti-
mate width with divider strip in the area of Tract 6904, except
as otherwise provided herein.
2.
City hereby accepts and approves, subject to the terms and
conditions hereof, said landscaping plans. City further agrees
not to condition the acceptance of the Palm Avenue street
improvements (including, but not limited to, asphalt and
concrete paving, storm drain, curbs, gutters, sidewalks,
lighting, street trees and masonry wall all within said Tract
6904) upon the completion or acceptance of the Phase I work.
All labor, equipment and materials required to implement
and complete Phase I and Phase II work shall be at the sole
cost and expense of Mansion -Lusk. All repairs, replacements
and alterations of plant and irrigation system materials and
maintenance of the.two portions of said landscaped area during
the terms specified herein for Phase I and Phase II shall also
_be at the sole cost and expense of Mansion -Lusk.
Mansion -Lusk shall do all things necessary to maintain
portions of said landscaped area not accepted for maintenance by
City in such a manner that the plant materials grow in a healthy,
vigorous and weed -free condition and that said landscaped area
has a clean and attractive appearance. Mansion -Lusk shall be
responsible for any damages to Phase I caused by Phase II work.
Mansion -Lusk will be liable for all water and electrical billings
until Phase II is accepted by City.
Mansion -Lusk shall provide liability insurance in the sum
of One Million Dollars ($1,000,000) and City shall be named as
additional insured.
Any and all work pursuant to this Agreement shall be sub-
ject to inspection by City and Mansion -Lusk shall complete at
3.
its sole cost and expense reasonable corrective action deemed
necessary by City through said inspections.
This Agreement unless sooner terminated by the mutual
consent of the parties hereto shall remain in full force and
effect until final acceptance of said landscaped areas by City,
which acceptance shall not be unreasonably withheld upon com-
pletion of Palm Avenue to its planned ultimate width with
divider strip in the area of Tract 6904. In the event Palm
Avenue is riot widened to include a divider strip as currently
contemplated within three years from the date hereof, Mansion-
Lusk's obligations hereunder shall cease except for final modi-
fications to the landscaping and irrigation system in Phase II
deemed necessary by City for final acceptance.
This Agreement shall not be assigned without the prior
written consent of City except that in the event. the Mansion -
Lusk partnership is terminated pursuant to the agreement of the
parties to said partnership the obligations hereunder shall be
assumed by Mansion Properties, Inc., and Green Hills Development,
Inc., shall have no further liability or responsibility here-
under.
IN WITNESS WHEREOF, the parties hereto have executed
(Rest of Page Not Used)
4.
- LOT A I Q
-_� •"ql y LOT a
l TRACT
NORTM ERLY I1 A LF . OF
ULTIMATE D1VIMP. STRIP
_ TRACT 6904 SOON PARY #
- ULTIMATE k of PALM AV9•
"�l•.1D L . -D /�RCl1"511ADEp THUS: -
,.
6c)O 4 -
R,- ./LOT 0
AVeNUC
1--
14
2
to
2
v
EXNI8IT A, SNEE T 1 of 2, TO THAT CERTAIN
AGREEM CN1' CaTED _ ) 1973
BETWG7EN MANSION-LUSK AND CITY OF
HUNTINGTOM BEACH.
rr
W,
IL
V
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O
T
Z
w
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U.,
W
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TRACT G453-
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TRACT
6904
o
' .
LOT E
X
LOT F
z
4�i►
z
v°
-�--
-
+'
PALM
. ---
_
for G -,
NORTHERLY HALF OF • - V��� _
ULTIMATE DIVIDER STRIP +
TRACT 4904 'GOUNPARY
ULTIMATE' Or PALM AVE@
EX. DIVIDER S721P M050 �
"MID I_/,NDSCAPCD APEA" SHADED TIIUSI SM EXH181T A, SHEET 2OF 21 TO THAT CEP%TAIW
AGREEMENT DATED 1913
BETWEEN MANS109-LUSK AND CITE'- O.c
• HVWTINGTOIJ BEACH.
D I
1 t. .
MANSION PPOPERTIES, INC.
333 MANSION AVENUE
HUNTINGTON BEACH, CALIFORNIA
92646.
September S, 4-1973
PALM AVENUE LANDSCAPING
AGREEMENT - TRACT 6904
BUNTINGTON SEACLIFF
Department of Public Yorks
City of Huntington Beach
California
Attentioat Mr. H. E. Hartge-
Gentlemen:
Enclosed for City acceptance are the original and two copies of a revised
agresrat for the landscaping of the portion of Pals Avenue within Tract
6904 executed by the partners of Mansion -Lusk, developers of the Tract.
This agreement is the same as the one transmitted to your offies an February
16, 1973 'eseept that Lot 8W has been mawd into Phase II work fz Phase I
as earlier discussed with Mr. Hartge and as indicated is the agreement draft
transmitted' on Msy •29.` Please 44st%W or return the, previously transmitted
agreements
Upon acceptance by the City, please return two executed copies for the
partnership files. We understand that the 90-day maintenance period for
the contracted work will be completed on September 21.
Pleass,40al tpw to gall, If there are any questions or carats.
sAV,..
Eaclosures
Be: Mr. J. C. Waples w/o
Mr. J. W. Davis w/o
RAR w/o
P.
I
Very truly yours,
S. A. YOUNG
President
_`oh;
f.
i
_AW
Y
THIS AGREEMENT, dated the _3Dth day of March , 1973,
between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a
California corporation, and Green Hills Development, Inc., a California
corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation,'
hereinafter called "City",
W I T N E S S E T H:
THAT WHEREAS, Mansion -Lusk is the subdivider and developer of that
certain tract within the City of Huntington Beach identified on Tract Map 6904,
recorded in Book 270, Pages 23 through 29, Official Records of Orange County,
California, and
WHEREAS, the approval of Tentative Tract Map No. 6904 on September
16, 1969, by the Planning Commission of City was conditioned on the approval
by City of a plan depicting the landscaping along Palm Avenue (erroneously
referred to in the September 16, 1969 minutes of Planning Commission as
Goldenwest Street) and an agreement for maintenance of landscaping in the areas
depicted on the map attached hereto as Exhibit "A", hereinafter called "said
landscaped area", and
WHEREAS, the parties here desire to satisfy the conditions imposed
by the City Planning Commission wi respect to landscaping and landscaping
maintenance for Tract No. 6904, 1 ose certain additional conditions to
ensure that the landscaping currently p ned for said landscaped area fits
efficiently and aesthetically into the p posed extension of Palm Avenue.
NOW, THEREFORE, for an in onsideration of he premises and the
performance of the covenants, on ns and agreemen hereinafter contained,
the parties hereto agree as fo ows:
ji
The work pursuant t this Agreement is h eby dividZedscaping
portions, hereinafter called "P se I" and "Phase V. Phase I work is that work in Lots , B, C, D, E andthe divider
strip nose, but excluding the street trees, as pecified in t
plans prepared by Patri egin-Landscape c t ctFe ken a "Huntington
Seacliff-City Dedicate Are - Tract 6904', at d Dece, 1971, with
latest revisions dated anua 6, 1972, consi g of t eets numbered
Ll, L2 and L3, and herei ft called " i dscapi ". Allwork under
Phase I herein sha comp eted anof ere to City fceptance prior to
April 30, 1973 unless a later date is ree to by th tual consent of the
parties her Vt � (1
Phase 1ris that work in sad land cEl area which is not
implemented, complet and accepted in Phase I, u ing, but not limited to,
installation of landscaping in the divider stri of G and installation of
an automatic irrigation system to service all of aid landscaped area. All
work under Phase II herein shall be completed ar.4 fered to City for acceptance
upon completion of Palm Avenue to its plann d It ate width with divider strip
in the area of Tract 6904, except as otherw e o ided herein.
City hereby accepts and approves, su ct to the terms and conditions
hereof, said landscaping plans. City further agrees not to condition the
acceptance of the Palm Avenue street improvements (including, but not limited
to, asphalt and concrete paving, storm drain, curbs, gutters, sidewalks,
lighting, street trees and masonry wall all within said Tract 6904) upon the
completion or acceptance of the Phase I work.
4
14 •
1
All labor, equipment and materials required to implement and
complete Phase I and Phase II work shall be at the sole cost and expense
of Mansion -Lusk. All repairs, replacements and alterations of plant and
irrigation system materials and maintenance of the two portions of said
landscaped area during the terms specified herein for Phase I and Phase II
shall also be at the sole cost and expense of Mansion -Lusk.
Mansion -Lusk shall do all things necessary to maintain portions of
said landscaped area not accepted for maintenance by City in such a manner
that the plant materials grow in a healthy, vigorous and weed free condition
and that said landscaped area has a clean and attractive appearance.
Any and all work pursuant to this Agreement shall be subject to
inspection by City and Mansion -Lusk shall complete at its sole cost and expense
reasonable corrective action deemed necessary by City through said inspections.
This Agreement unless -sooner terminated by the mutual consent of
the parties hereto shall remain in full force and effect until final acceptance
of said landscaped areas by City, which acceptance shall not be unreasonably
withheld upon completion of Palm Avenue to its planned ultimate width with
divider strip in the area of Tract 6904. In the event Palm Avenue is not
widened to include a divider strip as currently contemplated within three years
from the date hereof, Mansion-Lusk's obligations hereunder shall cease except
for final modifications to the landscaping and irrigation system in Phase II
deemed necessary by City for final acceptance.
This Agreement shall not be assigned without the prior written
consent of City except that in the event the Mansion -Lusk partnership is
terminated pursuant to the agreement of the parties to said partnership the
obligations hereunder shall be assumed by Mansion Properties, Inc., and Green
Hills Development, Inc., shall have no further liability or responsibility
hereunder.
IN WITNESS WHEREOF, the.parties hereto have executed this Agreement.
MANSION-LUSK, a Partnership
By: MANSION PROPERTIES, INC.
By:
By.
By.
."I
John D. Lusk & So% _successor in
GREEN HILLS DEVELOPMENT, INC.
By
CITY OF HUNTINGTON BEACH
ATTEST:
-2-
Mayor
City Clerk
Ass i-starit 'Siecretary
tp
0
STREETBEACH,
2110 MAIN
R. J. MIESCKE
VICE PRESIDENT -ENGINEERING @ OPERATIONS
Di
March 27, 1973
PALM AVENUE LANDSCAPING
AGREEMENT -, TRACT 690
HUNTINGTON SEACLIFF
Department of Public Works
City of Huntington Beach
P. 0. Box 190
Huntington Beach, California 92648
Attention: Mr. H. E. Hartge
City Engineer
Gentlemen:
On February 16, 1973,,we transmitted an agreement for the landscaping
of the portion of Palm Avenue within Tract 6904. The agreement was
executed by the partners of Mansion -Lusk, developers of the Tract and
was transmitted for City execution.
We would appreciate being advised of the status of the agreement inso-
far as City acceptance is concerned.
PLTM.11 j
RECEIVE®
01"Pr. 0r' ru®LIC WORKS
MAR 2 8 1973
N_%R19r4&rCW � ��
MANSION 1PH0PW1WW=@ , INC. YAgo
sas ss. NOWDx A'LVJCr4XTM
JUXTNWMCM43N BFACM, CA AVOILMA 92645
February 16, 1973
PALM AVENUE LANDSCAPING
AGREEMENT TRACT 6904
HUNTINGTON SEACLIFF
City of Huntington Beach
Department of Public Work,
P. 0. Box 190
Huntington Beach, Califaraia 92648
Attention: Mr. H..E. Hartge
City Engineer
Gentlemen:
inclosed for ,City,agceptance are the original and two copies of an agreement
for the landscaping of the portion of Palm Avenue within Tract 6904 executed
by the partners of Mansion --Lusk, developers of the tract. The agreement was
a condition of -tract map approval.
The contract for performing Phase I landscaping work has been let, and work
will begin as soon as the street improvements at Palm and Goldenwest are
complete.
Please date the agreement per your requirements and upon acceptance by the
City, please return two executed copies for the partnership files.
Please feel free to call, if there are any questions.
Very truly yours,
l' J. MIESCKE
President
RJXM RAK,113
Enclosures r
RECEI V E D
DEPT. OF PUSLIC WORK-60
F E B 2 0 1973
Hull mNa,roN BEACH. CALIK
THIS AGREEMENT, dated the day of 1973,
between MANSION-LUSK, a partnership composed of Mansion Properties, Inc.,
California corporation, and Green Hills Development, Inc., a California
corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation,
hereinafter called "City",
WITNESSETH:
THAT WHEREAS, Mansion -Lusk is the subdivider and developer of
that certain tract within the City of Huntington Beach identified on Tract
Map No. 6904, recorded in Book 270, Pages 23 through 29, Official Records
of Orange County, California, and
WHEREAS, the approval of Tentative Tract Map No. 6904 on September
16, 1969, by the Planning Commission of City was conditioned on the approval
by City of a plan depicting the landscaping along Palm Avenue (erroneously
referred to in the September 16, 1969 minutes of Planning Commission as
Goldenwest Street) and an agreement for maintenance of landscaping in the
areas depicted on the map attached hereto as Exhibit "A", hereinafter called
"said landscaped area", and
WHEREAS, the parties hereto desire to satisfy the conditions imposed
by the City Planning Commission with respect to landscaping and landscaping
maintenance for Tract No. 6904, and impose certain additional conditions to
ensure that the landscaping currently planned for said landscaped area fits
efficiently and aesthetically into the proposed extension of Palm Avenue.
NOW, THEREFORE, for and in consideration of the premises and the
performance of the covenants, conditions and agreement hereinafter contained,
the parties hereto agree as follows:
The work pursuant to this Agreement is hereby divided into two
portions, hereinafter called "Phase I" and "Phase II".
Phase I work is that work in Lots A, B, C, D, E, F and G, and the
divider strip nose, but excluding the street trees, as specified in the
landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled
"Huntington Seacliff-City Dedicated Areas - Tract 6904", dated December 10,
1971, with latest revisions dated January 6, 1972, consisting of three sheets
numbered L1, L2 and L3, and hereinafter called "said landscaping plans".
All work under Phase I herein shall be completed and offered to City for
acceptance prior to March 31, 1973, unless a later date is agreed to by the
mutual consent of the parties hereto.
Phase II work is that work in said landscaped area which is not
implemented, completed and accepted in Phase I, including, but not limited
to, installation of landscaping in the divider strip and installation of an
automatic irrigation system to service all of said landscaping area. All
work under Phase II herein shall be completed and offered to City for
acceptance upon completion of Palm Avenue to its planned ultimate width with
divider strip in the area of Tract 6904, except as otherwise provided herein.
Aft.
City hereby accepts and approves, subject to the terms and
conditions hereof, said landscaping plans. City further agrees not to
condition the acceptance of the Palm Avenue street improvements (including,
but not limited to, asphalt and concrete paving, storm drain, curbs, gutters,
sidewalks, lighting, street trees and masonry wall all within said Tract
6904) upon the completion or acceptance of the Phase I work.
All labor, equipment and materials required to implement and
complete Phase I and Phase II work shall be at the sole cost and expense of
Mansion -Lusk. All repairs, replacements and alterations of plant and
irrigation system materials and maintenance of the two portions of said
landscaped area during the terms specified herein for Phase I and Phase II
shall also be at the sole cost and expense of Mansion -Lusk.
Mansion -Lusk shall do all things necessary to maintain portions of
said landscaped area not accepted for maintenance by City in such a manner
that the plant materials grow in a healthy, vigorous and weed free condition
and that said landscaped area has a clean and attractive appearance.
Any and all work pursuant to this Agreement shall be subject to
inspection by City and Mansion -Lusk shall complete at its sole cost and
expense reasonable corrective action deemed necessary by City through said
inspections.
This Agreement unless sooner terminated by the mutual consent of
the parties hereto shall remain in full force and effect until final
acceptance of said landscaped areas by City, which acceptance shall not be
unreasonably withheld upon completion of Palm Avenue to its planned ultimate
width with divider strip in the area of Tract 6904. In the event Palm
Avenue is not widened to include a divider strip as currently contemplated
within three years from the date hereof, Mansion-Lusk's obligations hereunder
shall cease except for final modifications to the landscaping and irrigation
system in Phase II deemed necessary by City for final acceptance.
This Agreement shall not be assigned without the prior written
consent of City except that in the event the Mansion -Lusk partnership is
terminated pursuant to the agreement of the parties to said partnership the
obligations hereunder shall be assumed by Mansion Properties, Inc., and
Green Hills Development, Inc., shall have no further liability or responsibility
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
MANSION-LUSK, a Partnership
By: MANSION P� ERTIES, INC.
By:
DEVELOPMENT, INC.
CITY OF HUNTINGTON BEACH
ATTEST:
Mayor
5A0
City Clerk
TRACT
NORTHERLY HALF OF
ULTIMATE DIVIDE2 STRIP
TRACT 6904 BOUNDARY �
ULTIMATE t OF PALM AVM',
"SAID LAND50APETD AREA"SHADEp THUS!
F., . -LOT D
EXHIBIT A,SHEET I OF2,TOTHAT CERTAIN
AGREEM CtJT LA7ED _ )1973
DETWEEN MANSION-LUSK AND CITY OF
HUNTINGTOK) BEACH,
D '. -
N N`
w �
VV) ►A O R.
Z
° TRACT 6904
0
W _ LOT E
2
F-
:Z M
N
TRACT 6453
XI
0
4
NORTHERLY HALF OF
V -
ULTIMATE DIVIDER STRIP
• TRACT 4904 •[3OUNDARY V,
ULTIMATE � OIr PALM AVE,
tX, DIVIDER STRIP NOS&
�.
J v
V
e
SCAN/C 64 Y L.�IiVE
Q
z
e
V
LOT F
LOT G
"3►AID LANDSCAPEDARElI" SHADED TN US) EXHIBIT A) SHEET ROF 2) TO THAT CERTAIN(
AGREEMENT DATED ) 1913
BETWEEN MANSION- LUSK AND CITY OF
HUWTINGTON BEACH,
Y
THIS AGREEMENT, dated the day of 1973,
between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a
California corporation, and Green Hills Development, Inc., a California
corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation,
hereinafter called "City",
'WITNESSETH:
THAT WHEREAS, Mansion -Lusk is the subdivider and developer of
that certain tract within the City of Huntington Beach identified on Tract
Map No. 6904, recorded in Book 270, Pages 23 through 29, Official Records
of Orange County, California, and
WHEREAS, the approval of Tentative Tract Map No. 6904 on September
16, 1969, by the Planning Commission of City was conditioned on the approval
by City of a plan depicting the landscaping along Palm Avenue (erroneously
referred to in the September 16, 1969 minutes of Planning Commission as
Goldenwest Street) and an agreement for maintenance of landscaping in the
areas depicted on the map attached hereto as Exhibit "A", hereinafter called
"said landscaped area", and
WHEREAS, the parties hereto desire to satisfy the conditions imposed
by the City Planning Commission with respect to landscaping and landscaping
maintenance for Tract No. 6904, and impose certain additional conditions to
ensure that the landscaping currently planned for'said landscaped area fits
efficiently and aesthetically into the proposed extension of Palm Avenue.
NOW, THEREFORE, for and in consideration of the premises and the
performance of the covenants, conditions and agreement hereinafter contained,
the parties hereto agree as follows:
The work pursuant to this Agreement is hereby divided into two
portions, hereinafter called "Phase I" and "Phase II".
Phase I work is that work in Lots A, B, C, D, E, F and G, and the
divider strip nose, but excluding the street trees, as specified in the
landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled
"Huntington Seacliff-City Dedicated Areas - Tract 6904", dated December 10,
1971, with latest revisions dated January 6, 1972, consisting of three sheets
numbered L1, L2 and L3, and hereinafter called "said landscaping plans".
All work under Phase I herein shall be completed and offered to City for
acceptance prior to March 31, 1973, unless a later .date is agreed to by the
mutual consent of the parties hereto.
Phase II work is that work in said landscaped area which is not
implemented, completed and accepted in Phase I, including, but not limited
to, installation of landscaping in the divider strip and installation of an
automatic irrigation system to service all of said landscaping area. All
work under Phase II herein shall be completed and offered to City for
acceptance upon completion of Palm Avenue to its planned ultimate width with
divider strip in the area of Tract 6904, except as otherwise provided herein.
City hereby accepts and approves, subject to the terms and
conditions hereof, said landscaping plans. City further agrees not to
condition the acceptance of the Palm Avenue street improvements (including,
but not limited to, asphalt and concrete paving, storm drain, curbs, gutters,
sidewalks, lighting, street trees and masonry wall all within said Tract
6904) upon the completion or acceptance of the Phase I work.
All labor, equipment and materials required to implement and
complete Phase I and Phase II work shall be at the sole cost and expense of
Mansion -Lusk. All repairs, replacements and alterations of plant and
irrigation system materials and maintenance of the two portions of said
landscaped area during the terms specified herein for Phase I and Phase II
shall also be at the sole cost and expense of Mansion -Lusk.
Mansion -Lusk shall do all things necessary to maintain portions of
said landscaped area not accepted for maintenance by City in such a manner
that the plant materials grow in a healthy, vigorous and weed free condition
and that said landscaped area has a clean and attractive appearance.
Any and all work pursuant to this Agreement
inspection by City .and Mansion -Lusk shall complete at
expense reasonable corrective action deemed necessary
inspections.
shall be subject to
its sole cost and
by City through said
This Agreement unless sooner terminated by the mutual consent of
the parties hereto shall remain in full force and effect until final
acceptance of said landscaped areas by City, which acceptance shall not be
unreasonably withheld upon completion of Palm Avenue to its planned ultimate
width with divider strip in the area of Tract 6904. In the event Palm
Avenue is not widened to include a divider strip as currently contemplated
within three years from the date hereof,'Mansion-Lusk's obligations hereunder
shall cease except for final modifications to the landscaping and irrigation
system'in Phase II deemed necessary by City for final acceptance.
This Agreement shall not be assigned without the prior written
consent of City except that -in the event the Mansion -Lusk partnership is
terminated pursuant to the agreement of the parties to said partnership the
obligations hereunder shall be assumed by Mansion Properties, Inc., and
Green Hills Development, Inc., shall have no further 1 i abi 1 i ty or responsibility
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
MANSION-LUSK, a Partnership
By: MANSION "ERTIES, INC.
By:
DEVELOPMENT, INC.
` .4ss't S�re�isvuy
CITY OF HUNTINGTON BEACH
ATTEST:
-2-
Mayor
City Clerk
NORTHERLY HALF OF
ULTIMATE DIVIDI✓2 STRIP
TRACT 6904 SOON DARY �
ULTIMATE 4 OF PALM AV6.
"SAID LANDSCAPED AREA"SHADED THUS: 0
r
TRACT 6904
I, ,SLOT D
EXHIBIT A,SHEET I OF 2,TO THAT CERTAIN
AGREEM ENT DATED ) 1973
DETWEEN MANSION-LUSK AND CITY OF
HUNTINGTON C3EACH,
VI -
T
TRACT 6904
LOT E
N
e TRACT G4 5 3
�o
Sc�NIc 64Y LANE
z
v
LOT F
LOT G
i� NORTHERLY HALF OF
ULTIMATE DIVIDER STRIP E ��
• TRACT 4904 'BOUNDARY pv
ULTIMATE' t OF PALM AVE.
EX, DIVIDED STRIP N052
"SAID LANDSCAPEDAZEA" SHADED THUS, C=3 EXHIBIT A, SHEET 20F 2, TO THAT CERTAIN
AGREEMENT DATED 1913
BETWEEN MANSION- LUSK AND CITY OF
HUIJTINGTON BEACH.
THIS AGREEMENT, dated the day of , 1973,
between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a
California corporation, and Green Hills Development, Inc., a California
corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation,
hereinafter called "City",
141TNESSETH:
THAT WHEREAS, Mansion -Lusk is the subdivider and developer of
that certain tract within the City of Huntington Beach identified on Tract
Map No. 6904, recorded in Book 270, Pages 23 through 29, Official Records
of Orange County, California, and
WHEREAS, the approval of Tentative Tract Map No. 6904 on September
16, 1969, by the Planning Commission of City was conditioned on the approval
by City of a plan depicting the landscaping along Palm Avenue (erroneously
referred to in the September 16, 1969 minutes of Planning Commission as
Goldenwest Street) and an agreement for maintenance of landscaping in the
areas depicted on the map attached hereto as Exhibit "A", hereinafter called
"said landscaped area", and
WHEREAS, the parties hereto desire to satisfy the conditions imposed
by the City Planning Commission with respect to landscaping and landscaping
maintenance for Tract No. 6904, and impose certain additional conditions to
ensure that the landscaping currently planned for'said landscaped area fits
efficiently and aesthetically into the proposed extension of Palm Avenue.
NOW, THEREFORE, for and in consideration of the premises and the
performance of the covenants, conditions and agreement hereinafter contained,
the parties hereto agree as follows:
The work pursuant to this Agreement is hereby divided into two
portions, hereinafter called "Phase I' and "Phase II".
Phase I work is that work in Lots A, B, C, D, E, F and G, and the
divider strip nose, but excluding the street trees, as specified in the
landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled
"Huntington Seacliff-City Dedicated Areas - Tract 6904", dated December 10,
1971, with latest revisions dated January 6, 1972, consisting of three sheets
numbered L1, L2 and L3, and hereinafter called "said landscaping plans".
All work under Phase I herein shall be completed and offered to City for
acceptance prior to March 31, 1973, unless a later -date is agreed to by the
mutual consent of the parties hereto.
Phase II work is that work in said landscaped area which is not
implemented, completed and accepted in Phase I, including, but not limited
to, installation of landscaping in the divider strip and installation of an
automatic irrigation system to service all of said landscaping area. All
work under Phase II herein shall be completed and offered to City for
acceptance upon completion of Palm Avenue to its planned ultimate width with
divider strip in the area of Tract 6904, except as otherwise provided herein.
City hereby accepts and approves, subject to the terms and
conditions hereof, said landscaping plans. City further agrees not to
condition the acceptance of the Palm Avenue street improvements (including,
but not limited to, asphalt and concrete paving, storm drain, curbs, gutters,
sidewalks, lighting, street trees and masonry wall all within said Tract
6904) upon the completion or acceptance of the Phase I work.
All labor, equipment and materials required to implement and
complete Phase I and Phase II work shall be at the sole cost and expense of
Mansion -Lusk. All repairs, replacements and alterations of plant and
irrigation system materials and maintenance of the two portions of said
landscaped area during the terms specified herein for Phase I and Phase II
shall also be at the sole cost and expense of Mansion -Lusk.
Mansion -Lusk shall do all things necessary to maintain portions of
said landscaped area not accepted for maintenance by City in such a manner
that the plant materials grow in a healthy, vigorous and weed free condition
and that said landscaped area has a clean and attractive appearance.
Any and all work pursuant to this Agreement
inspection by City and Mansion -Lusk shall complete at
expense reasonable corrective action deemed necessary
inspections.
shall be subject to
its sole cost and
by City through said
This Agreement unless sooner terminated by the mutual consent of
the parties hereto shall remain in full force and effect until final
acceptance of said landscaped areas by City, which acceptance shall not be
unreasonably withheld upon completion of Palm Avenue to its planned ultimate
width with divider strip in the area of Tract 6904. In the event Palm
Avenue is not widened to include a divider strip as currently contemplated
within three years from the date hereof,'Mansion-Lusk's obligations hereunder
shall cease except for final modifications to the landscaping and irrigation
system in Phase II deemed necessary by City for final acceptance.
This Agreement shall not be assigned without the prior written
consent of City except that -in the event the Mansion -Lusk partnership is
terminated pursuant to the agreement of the parties to said partnership the
obligations hereunder shall be assumed by Mansion Properties, Inc., and
Green Hills Development, Inc., shall have no further liability or responsibility
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
MANSION-LUSK, a Partnership
By: MANSION MPERTIES, INC.
By:
S DEVELOPMENT,
CITY OF HUNTINGTON BEACH
ATTEST:
-2-
Mayor
City Clerk
TRACT
LOT C
NORTHERLY HALF OF
ULTIMATE DIVIDE2 STRIP
TRACT 6904 SOON DARY
ULTIMATE o. OF PALM AVC.
"SAID LANDSCAPED AREA"514ADE[) THUS: 0
LV
6904
,.., ✓ LOT D
EXHIBIT A, SHEET I OP2.)TOTHAT CERTAIN
AGREE-M ENT DATED )19-73
BETWEEN MANSION-LUSK AND CITY OF
HUNTINGTOM BEACH,
61
G
N MOR.N
TRACT 6904
w LOT E
2
2 M h
N
TRACT 6453
Kq4�
NORTHERLY HALF OF
ULTIMATE DIVIDER STRIP �
TRACT 6904 'BOUNDARY
wrIMATE 4, OF PALM AVE.
EX, DIVIDER STRIP NOSE
".SAID LANDSCAPED Al?EA" SHADED THUSt C-3 EXHI6IT A, SHEET 2 OF 2, TO THAT CERTAIN
S�'EN�C a4 Y LANE
z
V
LOT F
LOT G
AGREEMENT DATED ,1913
BETWEEN MANS1014- LUSK AND CITY OF
HVWTINGTON BEACH,