HomeMy WebLinkAboutLEON MENKES AND ROSLYN MENKES - 1986-11-03RECORDED .N C3k GtGI X! flECt3fFity
-222PM DEC 3'
FAY
ReForarnc; requested y; City of Nuntingtort Beach After recording mail to:
r, Off° ce of the City
C14 86 1``'9 ,1 3 C i tr, of Puntinaton Beach
`� Huntington Beach, CA 92648
AGREEMMNT BETWSEN CITY AND I EON AND RO5LYN MENK]ES FOR
ACCEPTANCE OF DEPOSIT IN LIEU OF
This docunent is solely ' ,,1A*ACTI0NT OF CONDITIONS OF DE`,JEL PMF.NT
official bx7inof3:; of ti ',,
plate. ' 'a ,
Sec. 01 rezordt9a't
f'r THIS AGRPXMN'NT, made and entered into this h day
1404) '0.
of 198 6 , by and between the City of
Huntington Beach, a municipal corporation of the State o
California., herein -after referred to as "CITY", and Leon and
Roslyn Menkes, owners and sale proprietors, hereinafter
referred to as "DEVELOPER".
WHEREAS, DEVELOPER is required by Huntington Beach.
Ordinance Code (hereinafter HB{OC) §9730.4 to dedicate to CITY'
a portion of 7752 Speer Avenue in the City of Huntington Beach
for public street and sidewalk purposes and to make the
rcluired public improvements (herein "Improvements") thereon;
and,
DEVELOPER has dedicated said real property but desires to
delay the eons'truction of said Improvements; and
CITY is empowryed by its ordinance's to grant to DEVELOPER
permission to delay said Improvements upon the terms and
conditions set forth herei.nr and
The Improvements required by CITY to be completed by
DEVELOPER on the above described parcel are: curbs and
gutters, sidewaIRs , drivewayo, paving and pavement removal.
NOW THEREFORE in consideration of the proirises and
conditions herein set :forth, the parties agree as follow:
1. DEPOSIT
Pursuant to HBOC §, 9730.14,. DV,! -TOPER, upon execution
of this .Atd, zment, will deposit faith, the City Treasurer the
e
86-5 431
sum of Five -thousand one -hundred and fifteen Dollars
45,115_00, which sum is equal to 150% of CITY'S estimated
cost for Improvement construction required hereunder. The
deposit may be in cash, by cashie 's check, or by corporate
surety bond.
2. NOTICE TO CONSTRUCT IMPROVEMENTS
Upon notice in writing from CITY to proceed DEVELOPER
will construct all required Improvements to the CITY's sp�:ci-
fications and to the satisfaction of its inspectors. All woz-,.
shall be .performed within 90 days of the date of the notice to
proceed., but shall in any case, with or without notice from
CITY, be completed within two (2) years of the date of
execution hereof. No work shall be deemed complete until
formally accepted by CITY.
3. ACCEPTANCE OF IMPROVEMENTS - RET!�jRd OF CASH DEPOSIT
If DEIVELOPER has made cash deposit with the City
Treasurer under Section l hereof, upon CITY's acceptance of
the improvements the DEVELuPER may demand return of said
deposit which shall be returned., with legal interest, within
30 days of said demand..
4. DEVFLOPER BREACH OF COVENANT TO CONSTRUCT
In the event that DEVELOPER fails to satisfactorily
complete construction of the Improvements within ninety days
after CITY`s notice to proceed, CITY, at its sole Option, may
invaie the deposit and utilize same to complete the
construction Improvements as herein set forth. Any monies
remaining unspent, shall be returned to DEVELOPER as provided
in Section 3 ,hereof.
mEmEs
894313
6--5
5. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All
Improvements hereby required will be constructed in accordance
with the CITY's plans, specifications and requirements
applicable to similar work usually performed under contract to
CITY and which are in effect at the time of construction.
6. INSPECTIOLJ: CITY shall control work in all public
job sites and dedicated areas. CITY may inspect the construc-
tion of Improvements at all reasonable times. CITY will
cooperate with DEVELOPER to provide access to CITY -owned
utilities and allow all necessary encroachments to public or
CITY -owned property; provided, however, that tizc entire cost
thereof shall be borne by DEVELOPER..
7. WARRANTY: All Improvements shall be fully and
absolutely warranted by DEVELOPER as to materials and workman-
s:-ip for one (1) year after the date of their acceptance by
CITY.
8. PUBLIC WARNING AND PROTECTION: DEVELOPER shall at
ail times until CITY'S final acceptance of the Improvements
give good and adequate Warning to the traveling public of each
and every defective or dangerous condition within and adjacent
to public streets and highways and the IiriprovewsAnt site and
will protect the traveling public from such defective or
dangerous conditions. It is understood and agreed that until
the completion of all the Improvements herein agreed to be
performed, the Improvement site and each of said streets and.
highways not accepted as improved shall be under the excluSZve
cont..:ol of DEVELOPER for the purpose of thia Aggreermenfi. With
the consent of the City Engineer, DEVELOPER may close all; or a
(MENKES ) 3,
8G-594,3 13
portion of any or highway street whenever it is necessary to
protect the traveling public during the making of the
Improvements herein agreed upon. DEVELOPER hereby agrees to
pay for such inspection of streets and highways as may be
required by the City Engineer.
a. INDEMNIFICATION -COVENANT TO SAVE AND HOLD HARMLESS:
DEVELOPER hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and emp oyeas
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death
or injury to DEVELOPER'S employees, contractors or
subcontractors, and damage to property, arising directly or
indirectly out of the obligations herein undertaken by
DEVELOPER, or out of the operations conducted. by DE\IELO MR,
regardless of the active or passive nature of any negligence
by CITY, save and except those which arise out of the sole
negligence or sole willful misconduct of CITY. DEVELOPER will
defend any such suits at its sole cost and expense when so
requested by CITY, and any costs of defense or attorney's fees
incurred by CITY in enforcing this obligation shall be
reimbursed to CITY or may be awarded to CITY by a court of
competent jurisdiction.
10. WORKERS' C%1PENSATIO'. DEVELOPER shall comply with
all of the provisions of the Worker's Compensation Insurance
and Safety Acts of the State of California, and shall
ir. 3emni fy, defand and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and
judgments of every nature and uescription, inclo-dirt3
AM
313
attorney's fees and costs, presented, brought or recovered.
against CITY, for or on account of any liability under any of
said acts which may be ;.ncurred by reason of any work to be
performed by DEVELOPER under this Agreement, and shall provide
to CITY, on CITY'S form, evidence of Workers' Compensation
Insurance or sesr-insurance satisfactory to the City Attorney.
11. GENERAL PUBLIC LIABILITY INSURANCE: DEVELOPER shall
maintain in force during the construction period and until
CITY's final acceptance of the Improvements, at DEVELOPER`s
sole expense, a general public liability policy in which r1T`r',
its officers and employees are Additional Named Insureds.
Said policy shall ins,:ire DEVELOPER against any and all loss,
damage or expense by reason of any suits, claims, denands,
judgments and causes of action arising out of or in
consequence of DEVELOPER's performance of this Agreement. The
policy shall provide for not less than the following coverages
Combined single limit bodily injury and/or
property damage including products liability
and vehicles, owned and non -owned:
$1,000,000 combined single limit per
occurrence.
Said policy shall, provide coverage at least as broad as
that provided in the Standard Foam approved by the National.
Board of Casualty Underwriters, together with such andovse-
ments as are required to cover the risks involved. DEVELOPER
shall arrange for the policies to be so conditioned as to
cover the performance of extra or unforeseen work, should such
work become necessary.
Evidence of such insurance shall be furnished to CITY
on the CiTY's certificate form and aha.11, be approved by the
City Attorney. Any such policy must contain a provision of
(MENKES ) . '
86753 431
written notice to the CITY of the expiration or cancellation
of any of the insurance policies required hereunder not less
than thirty (30) days before such expiration or cancellation
is effective.
12. LIABILITY FOR.WORI; In addition to tha covenants
to hoL_i and save harmless and to provide insurance set foth
herein, the parties agree that neither CITY nor any officers
or employees thereof shall be liable or responsible for any
accident, loss or damage happening or occurring to the work
specified in this Agreement prior to the completion and
acceptance of the same by CITY, nor shall CITY or any officer
or employee thereof be liable for any person oz property
injured by reason of DEVELOPER'S wor-% hereunder, but all of
said liabilities shall be assumed by DEVELOPER. DEVELOPER
further agrees to protect and defend CITY and the officers
thereof from all liability or claim because of, or arising out
of, the use of any patent or unpatented article in the
constri.wtion of :improvements hereunde:.
13. ATTORNEY'S FEE: Tn the event suit is brought by
CITY to enforce the terms and provisions of this Agreement or
any bond given to secure the performance hereof, a, reasonable
attorney's fee, to be fixed by the court, shall be paid by
DEVELOPER in CITY''s favor.
14. NOTrCEZ: All notices required or permitted here-
under shall be delivered in person cr by registered or certi--
lied mail to an authorized representative of the party to whom
delivery is to be made, at the place of business of .such
party, or to any other place designated in writing by such,
party.
(MENKES) 6.
3
�
AVE ;
15. RECORDATION: Pursuant to California Government
Code §66499(b), this Agreement shall be recorded with the
County Recorder of the County of Orange, California.
16. ENTIRETY: The foregoing represents the entire
Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their officers thereunto duly
authorized upon the day, month and year first above written.
DEVELOPER: LEON & ROSLYN MENKES,
owners end sole proprietors
13Y
Lei Menkes
By�,f ,
R slyn Me _es
CITY OF Hf1NTI:NGTON BEACH
a mun� c$ pal corporation
of the state of California
!tob%ert P. Mandic, Jr-
MAYOR
IT1 AND.-APP OVER: A.FPROVEID AS TO EMIJh
Paul Cook GaTl Hutton
DIRECTOR OF PUBLIC SNORES CITY ATTO VY
, RL't7Z B & APPROVED ATTEST:
W. T} omps r. Alicia tAik—
arles
CITY AD.14I1TISTRATOR CITY CLERK
M
9q.-le of _ CALIF RNIA On this the 2 gtI'eiay of _NO ,giber 19 8 6 , before me,
SS.
County of __ ORANGE DIANA L. KINKADE x
e q,
m
the undersigned Notary Public, personally appeared
8 �59 ' 13 ROSLYYNN MENKES
OFFtcia L S- at. X personalty known tome
DIANA L KINKADE ::.J proved to me on thF basis of satisfactory evidence
NOTAH'+PU$J
jFVe E Ga ?r r to be the personbsa whose name(s'i 2..5 .,..,._.,._ subscribed to the
wiK'Jin instrument, and acknowledged that ..,.._..ab-e—_ executed if.
WITNESS hand and offici l se t.
Not s oignalure UTIklm %. IN3CADE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S '
On this _�' A day of rrjokf z'4` . 19 YC , before me,
Notary ublic in and for said County and State, personally appeared
=„t^T known to me to be the Mayor.
and known to me to be the —that
Clerk
Of the City of Huntington Beach, the municipal corporation that executed
thewithin instrument, known t-.o me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to we that such municipal corporation executed the same.
'" f 7 i#tiAY f 6
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C.'FNrgAL 6ACKP40WLEtr3GIVIENT
State of-2t^ �t
County of ---� -=J
OFFN SEAL
NOTAPY P-08 !t' CAitFOWHA
10, 19S9
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On this the -ob— ddaay of ._.._, Ll"? ` P ..1 . d°fore rne,
the undersigned Notary Public, personally appeared
personally known to me
proved to me on the basis of satisfactory evidences
o be the person(o whose name(o) ____,subscribed to #lt
within instrument, and acknowledged that
WITNESS My hand and off iclai seat.
Wotaty's Signature. �
EtA hxi�k k rlCMYA$ t1AtX i" SDkti8 ue'&M . t`? t#oa'atli W*s'V4w0a, cA oti '
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 1, 1986
0, C. Recorder's Office
P. 0. Box 236
Santa Ana, CA 92702
Enclosed please fired Agreement between City and Leon and Roslyn
Menkes for Acceptance of Deposit in Lieu of Satisfaction olf
Conditions of Development to be recorded and returned to the
Office of the City Clerk, 2000 Main Street, Huntington Beach,
California 92646.
Also enclosed is a copy of the Agreement to be conformed with
document number and recording date.
Thank yov
Alicia M. Wentworth
City Clerk
AMA! : b t
Enclosure
AM
11REQUEM FOR CITY C A 1 I II
Date October 16,, 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrat
Prepared by: Paul E. Cook, Director of Public Work.By j
Subject: AGREEMENT BETWEEN CITY AND LEON & ROSLYN ME ES i
,nr.•M ."'^+'tr"s'wvrF.n^24"k r��' � Lr����.
Consistent with Council Policy? [XI Yes [ j !Jew Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE: `'rz°'�'as` tL'
Leon & Roslyn Menkes, are developing at 7752 Speer Avenue and because
of a drainage problem, is unable to install the required street
improvements at this time.
RECOMMENDATION:
It is recommended that the City Council accept the Agreement and
Cashiers Check to install improvements at a later date, and to instruct:
the City Clerk to file the agreement and the City Treasurer to deposit
the Cashiers Check with their respective offices.
ANALYSIS:
Section 9730.14 (Improvements Deferred) of the Huntington Beach
Ordinance Code, allows for a bond and agreement to be posted where a
drainage system would 'be delayed by the installation of improvements.
All of the documents have been approved for the amount by the Depart-
ment of Public Works and as to form by -the City Attorney's office.
FUNDING SOURCE: 11
None drl
ALTERNATIVE ACTION:
Dpny approval of agreement.
ATTACHMENTS:
1. Sectional District:. Map
2. Agreement
PEC:BPC:dw
No 5/M
OFFICE OF THE CITY CLERK
November 6, 1986
Leon and Roslyn Menkes
'--'-' 2 Nautilus
Newport Beach, CA 92660
The City Council of the City of Huntington Beach at its regular
meeting held. November 3, 1986, approved an agreement to delay
the constructior of improvements on property located at 7752
Speer Avenue.
Enclosed is an executed copy of the agreement for your records
Alicia M. Wentworth
Ci*y Clerk
AMW:bt
Enclosure
CC: Wayne Lee, Finance
Paul Cook, Dir. of Public Work