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Home My WebLink AboutLA CUESTA COMMUNITY ASSOCIATION - LA CUESTA TRACT 7596 - 1980-11-03F 7 , City of Huntington Beach Z ,r. OFFICE OF THE CITY CLE&K January 19, 1981 La Cuesta Comity Assn, Mr. Frank Ayres & Sea P. 0. Box A Hunti nc ton Beach, CA 9264.8 The City Council of the City of Huntington Beach at its regular rrreeting held Monday, November 3, 1980 approved the Park -way Maintenance Agreement between the City and La Cuesta Carms ni ty Assn./La Cuesta Tract 7596, for Tract 10248. Enclosed is a duly executed copy of the agreement for your files. Alicia M. Wentworth City Clerk AMW:CB:cd Enclosure cc: Dan Noble 0 C*ty of Huntington Beach fn } P.O. BOX 4$0 CALIFORNIA 02548 s � OFFICE OF TI-IF CITY CI,ERK November 5, 1980 La ruesta Community Assn. t° Frank Ayres & Sorg ; . 0. Box A Huntington Beach, California 92648 The City Council of the City of Hurtington Beach at its regular meeting held Monday, November 3, 1980 approved the Parkwa, Maintenance Agreement between the City and La Cuesta Community Assn;La Cuesta Tract 759Ei, for Tract 10248. The Department of Public Works has provided you with a Certificate of Insurance form. When this form is retuined to the Office of the City Clerk, we will forward a duly executed copy to you for your files. Alicia M. Wentworth City Clerk AK-4: j s cc: Don Noble - OPT,` Enclosure Iva e RED T F ITT ACTS &��I .^...� � ; - t�. Nab/ Submitted by Paul. E. Cook �� Public Works ��'�� Department 1 - .cam r . Date Prepared October 23 19 80 Backup Matsrial Attached El Ya No Subject Parkway Maintenance Agreement - Tract 10248 (La Cuesta Community_ Association/La Cuesta Tract 7596) Oty Administrator's Comments 1i.Q VMD DY Gz t y Approve as Recommgp,de�--t-+- Statement of issue, Recommendation, Analysis, Funding Source., Alternative Actions: Statement of :i:ssue The developer and or izomeowners association of Tract 10248 have agreed to provide and maintain a portion of public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Recommendation: Approve the Parkway Maintenance Agreement, .between the City of Huntington Beach and La Cuesta Community Asseci&tion/La Cuesta Tract 7596,for Tract 10248. Analysis: In desTining and constructing the perimeter landscaping for Tract 10248, the developer was permitted to build the arterial perimeter walls on priv&:_ rather than public property and combine onsite landscaping with that in theme public right-of-way_ in return, the developer (La Cuesta Tract 7596) and/or the homeowners association (La Cuasta Community Association) agreed to pro- vide and maintain a portion of the public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Funding Source: Rj7 Alternative Action: Deny approval cf the Agreement as written. PEC:➢R24: jy 'I NO 304 I x PARKWAY MAINTFSANCE AGREEMENT 3 ,,.— THIS AGREEMENT is made and: entered into this 1 day of A/W�, 1980, by and between the CITY OF HUNTINGTON BEACH, a inunicipal corporation ,of the State of California, hereinafter, referred to as "CITY", and LA CUESTA COMIIUN- :Y ASSOCIATION a California corpor€aton, hereinafter referred to as "AS,50CIATIONfi and LA CUESTA_TRACT 759fi a _._: ^ _� . �r�t ners?�ip —S hereinafter referred to as "DEVELOPER". R S C S T A L S WHEREAS, in connection with the development of Tract 10248 , in Huntington Beach, California, DEVELOPER has dedicated land. Atlanta Avenue, Beach along Blvd. and Delaware St. . for publ.f.c street purposes, which land is fully set out in the diagram attached hereta as Exhibit "All and incorporated herein by this reference; and As a condition of approval of Tentative Tract 10248 , DEVELOPER was required by the Pianni.ng Commission of CITY to pro - Atlanta, Avenue, Beach Blvd, vide landscaping improvements along and Delaware Street in accordance with plans and specifications submitted. to and approved by CITY; and DEVELOPER has provided for landscape r;a.ln.tenano e of a p srµ Atlanta Avenue, bea.:h Blvd. aad of public right--of--way along Delaware Street f,ereinafter referred to as "LANDSCAPE AREV, t-rhich area In ae,:., Qur and delineated in Exhibit "A:" attached hereto; and By this agreement, the parties hereto desire to set forth and clarify their respective obligations eegardi.ng the maitttenanee 'WrA: ny 4 �S � of the LANDSCAPE AREA. A QR E,E M E N T NOW, THEREFORE, in considel-atlon of the foregoing, the parties hereto do anvenant and agree as follows: 1. RESPONSIBILITIES The duties and responsibilities hereinafter deacribod as those of ASSOCIATION shall be theirs; DEVEL,0PER shall be secondarily responsible for all so described duties and va6ponsibillties, until such time as DEVELOPER can show that be no longer has any interest in the subject development. 2. TERM This agreement shall be effective so long as ASSOCIATION, or its assignee, utilizes the LANDSCAPE AREA for landscape pu.—moses and CITY scents it appropriate that the LANDSCAPE AREA remain for landscaping purposes. 3. LANDSCAPE MAIKSUANCE ASSOCIATION sha11 maintain the lm.provemenLa of, the area shown in Exhibit ITA" and described as the area to be maintained in a satisfactory condition. Maintenat.ce shall Include, but not be limited to, watering., repairing and/or adjusting irrigation sYrstems when failures occur, fertilizing, oulttvating, edging, perfor-ming general planting and trim mingcar *'.-her corrective gardening prac- tices, spraying grass and plants with both Insecticides and herbi- c1des, and Se'nerally keeping LANDSOAM AREA in a clean, safe OLV-d attractive cordition, taking, Into oonsideraj;ion normal growth tie the landscape materiala and a continuatlon of the 4esth0tiC qua_,Uty b s 1"6 P "I' and herbi- ",Lf_ 'd rolftJ t_4 "ity of tM area. The growth of all plant materials shall be controlled so that none protrude into the sidewalk area to obstrnet or hinder walking or driving traffic. Utter, soil., or otter material shall not by allowed to flog or spray acrose or onto the right -of -stay from the edge of the sidewalk to the center of the street The LANDSCAPE AREA.shall be kept: .free from weeds, debris and harmful Insects at all times. All, gardening and maintenance practices per- formed shall conform to the Arboricultural and Landscape Standards and Specifications, Division 1, issued by the Department of YublIc, Works of CITY. 4. I3r" MP IE Alb RE -PAIR In the event any damage is ceased to the sidewalk, curb, gutter, street or utilities as a result of the installation of the landscape material. and/or ► aintenance of the LANDSCAPE AREA, ASSO_ CIATION agrees to repair same at its sole expense Within thirty (3() days from the discovery of such damage, or within thirty (301 days from receipt of written notice of such damage from CITY, whichever is shorter. 5. Y'AILURE TO FAINTAIN Should ASSOCIATION fall to maintain the LANDSCAPE A SA in a satisfactory pond tion, as described in paragraph 3 hexreW ; CITY shall give written notice of suet failure to both ASSC0IA 7' '), and DEVELOPER. Should any failure not be corrected within taint,_' (30) days after notice is given, CITY may cause the necessary maintenance to be performed and all ;costs incurred shall be a;sscssed to ASSOCIATION in the property tax trolls for the following great;,. 3k d 6. INSURANCE ASSOCIATION shall obtain a policy of comprehensive bodily :injury and property damage liability insurance, and maintain such policy in effect !or the period covered by this agreement, pro- viding coverage for bodily injury and property damage in the mini- mum amount of *00,000 aombined single limit per occurrence. The; policy shall name, as additional assured, CITY and its officers and employees, while acting within the scope of their duties, against all claims, suits, or other actions of any nature brought: for or on account of any injuries, damage o7 loss, inclading any deaths arising out of or connected with the performance of this agreement. ASSOCIATION shall furnish CITY a certificate of inour ante from the insurer evidencing compliance with this paragrapr and providing that the insurer small not cancel or modify the policy without thirty (30) days' prior written notice to CITY. ASSOCIA- TION shall give; CITY prompt and timely notice of any claim made or suit instituted. 7. IM)EMNIFICATION g DEFENSE, HOLD F?:ARMS',ES.S A35OC:IATION 6hall defend, Indemnify and hold h.a.rmlesa CITY, its officers, agents and employees, from and against any and all liability, judgments, damages, costs, losses,, claims, includ- ing Workers' Compensation claims, and expenses resulting from or connected with ASSOGIATIONIS negligence or other tortious conduct to the performance of this agreementR 8. "M OR ASSIC NPNT DE'V!ELOFER and/or ASSOGIATION shall be liable for the obligations set out herein so long as CITY deems it appropriate and DEVEL!: PER and/sir ASSOCIATION utilizes the LANDSCAPE AREA. In the event DEVELOPER rind/or ASSOCIATION sells or otherwise a.sgigns the property described as Tract 10248 , and the buyer or a.esignee ass.unes ASSOCIATION'S obligations under this agreement, DEVELOPER and/or ASSOCIA`fIONshall be thereafter released from such obliga— tions. The Mr -ELOPER and/or ASSOCIATION shall give written notice to CITY of any sale or assignment of the sub.�ect property thirty* (30) days prior to said assignment. 9. LANDSCAPE CHANGES DEVELOPER and/or ASSOGIATIOK shall make no material change in the placement of plant material utilized within the LANDSCAPE AREA nor shall the design of the LANDSCAPE AREA be materially changed without the prior written consent of CITY. 10. NOTICES All notices required purs.uar to this agreement shall be In writing and deemed served when depo,sittod in the United States Postal Service, postage prepaid and addresaed as follows: CITY: City Clerk City of Huntington Beach P. 0. Box 190 Huntington. Beach, CA 926118 MOCIATION: LA CUESTA CJMllUidi71' A550%!r'cTlt?N DEVELOPER cUFSTA TRACT 7596 11. ENTIRETY This agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed on the day and date firat above written. CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST- APPROVED AS TO FORM: CY. y C ez'k � REV EWED AND APPROVED: City Adniin3 " 'rator DEVELOPER: LA CUESTA TRACT 7596 a LrrSi ted ?Partnershi B . Donald S. Ayres,/`Jr. Authorized AgeWt By ��MGM rn INITIATED AND AP a1SSOS'-IkZ'ION t CA CUESTA COMMUNITY ASSOCIATION a a ifor- :a carpor- sue` n " By it, P.tit Renfro C. Newcomb Secretary Jer* I L, Kirkpatrick 6 ,4i EXHIBIT PARKWAY [MAINTENANCE AGREEMENT 77 44 "V t 2/2 Z <ly r h t AOlG <f= f i%{1t F7 �lY MAJNTE11�o c/G� Afr,�E /iF%rV7 T '0A'D/r/ON', :76PC-E1) 4 �1'29'v 4W of '{: ' r EXI-i'IBIT PARKWAY MAINTENANCE AGREEMENT- r - A 7-4 A /V i-,A ,EVE .A6 f ,1 4 vt l9 V Arc ANrA . _ VZ k ' G � 1 r � a 14rL,4lVTA A L.IfS. i Bt �t EXHIBIT PARKWAY MAiNTENA(V-E AGREEMENT e Zz i�7 f"II .ELT /'✓L; iG', '�1'`,Ff-'- y C/P"J' G'A' J�(/fk, `" ✓a ?/T.'L'N.c`i A�rTir-E.L> i11'OJY ElY�JS�C�— � i PARKWAY MAINTENANCE AGREEMENT o e f!2el- .d IAA, l c 14l PR II V,'NU 4A flj Vf I,CF't �'� • -n xi ./:j , �11r, t,' tv„ `{f' � I �.� �� .-:-/ d .. r. 7 ./rY ,. CERTIFICATE OF INSURANCE Aft. Atipif.va. F4,tk M4,ivw City uA Huntvnqlon Beach TO P'nk C-ly t'lt'k G04d Cityn?,.nqV Dept P 0 Box 190 CITY OF HUNTINGTON BEACH, CALIFORNIA Hunrtnqton Beach, Calitarnta 92648 A MUNICIPAL CORPORATION This is to certify that the policies of inairance as -lescribed below have been issued to i.iiii insured by the under ..igned and are in force at this time, If the -se policies are cancelled or changed in such a manner that will affect this certificate, the imurance company agrees to give 30 days prior written notice, by mail, to 1,ity of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Name of Insured Address of Insured Location of Insured Operations Description of Operations 1 POLICIES IN FORCE POLICY NUMBER LIMITS OF LIABILITY EFFECTIVE EXPIR T HIO N A. Workers Compensation Statutory Employers' Liability B. Public Liability: S300.000 combirWd single limit per occurrence. Bodily Injury: Manufacturers and Contractors ED S Each Person Comprehensive Ge-eral � S Each Accident (including products completed operatio,is) Prop&fy Darnage S Each Accident C. Automobile Liability: Bodily Injury S Each Person S Each Accident Property Damage s Each Accident Does policy cover: All owned automobiles Non owned automobiles Hired automobiles (Please check at Trost one) Yes l ) No Yes )NO Yes )Nis D. Additional Insured Endorsement: The insure) agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, ccmmittees, 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. E. Hold Harmless Agreement: By Insured: 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 --- by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. F� 64 F. Remarks: 9AIL HUTTON y. Attorney Not withstanding any requirement, term, or conaltion of An" document with respect to Which this certificate or venrication of insurance may but issuca or may pettain, the insurance fbrdgd by thn anlinoe SAT-- , suDiect to ail the terms exctusions d coritlitions of such 11,1 1 ICE COIVII'�(Yl�r�l Date AUTHORIZED REPRESENTATIVE INSURANCE COMPANY By %ignatut-jr6f Authori;iid Represm L4ovalAavrit Name 2" L LT Address -r i� X Address City Telephone