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HomeMy WebLinkAboutMola Development Corp. - 1984-08-23 REQ U FOR CITY COUNP ACTION Date July 28 , 1983 Honorable Mayor and City Council Y G.)UNGII. Submitted to: Y Y _ — � �Y CIT 3_ Submitted by: C. W. Thompson, City Administrato /` _ O a-�19% Paul E. Cook Director of Public Works Prepared by: cir,it _ cl,rX Subject: Parkway License Agreement for Tracts 116 , 1 , nd 11870 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Mola Development Corporation has requested that Tract 11861 be included in the Seabridge Development Parkway License Agreement that was previously approved by the City Council. In order to accomplish this, a new agree- ment must be executed between the City and the developer. RECOMMENDATION: Execute the Parkway License Agreement between the City and Mola Develop- ment Corporation for Tracts 11 673, 11861, 4jid 1] S__70 and void the agree- ment approved on June 20 , 1983 for Tracts 11673 and 11870. ANALYSIS : On June 20 , 1983 the City Council approved a Parkway License Agreement for Tracts 11673 and 11870 . Mola Development Corporation has since requested that Tract 11861 be included in the agreement for maintenance of parkway improvements. This change is mainly due to the proposed meandering sidewalk and integrated on-site/off-site landscaping for Tract 11861. All three tracts are within the Seabridge Specific Plan and require a Parkway License Agreement per the conditions of approval if the on-site and off-site parkway improvements are integrated and vary from the City standards. FUNDING SOURCE: None. ATTACHMENT: Parkway License Agreement CWT:PEC:WAP: jy � I U PIO 4/81 ;, ,,,�► CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 23, 1983 Mola Development Corporation 808 Adams Avenue Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at its regular meeting held August 22, 1983, approved a Parkway License Agreement with you to provide and maintain landscaping and other improvements within the public right-of-way of Beach Boulevard and Adams Avenue in conjunction with Tract Nos. 11673, 11870 and 11861. A duly executed copy of this agreement will be forwarded to you upon receipt of your insurance as required by the agreement. We have enclosed a copy of your previous Certificate of Insurance which needs to be updated to include Tract No. 11861. Please return your completed insurance certificate to this office and upon approval of the certificate by the City Attorneys Office, the agreement will be executed and a copy forwarded to you. Alicia M. Wentworth City Clerk AMW:CB:es Enclosures cc: Bill Patapoff, Dept. of Public Works (Telephone: 714-536-5227) Recordi no requested by: City unti ngton Beach 8 4—3 5 4 5 70 y RECORDED IN OFFICIAL RECORDS EXEMPT OF ORANGE COUNT v CALIFORNIA Aft0r 'vcordin;_; mail to: C1 r CITY OF HUNTINGTON BEACH -4 02 PM AUG 23'84 Office of the City Clerk PARKWAY LICENSE AGREEMENT - P. 0. Box 190 Huntington beach, Calif. 92648 COUNTY RECORDER THIS AGREEMENT made and entered into this o + ., day of �v9 yzls , 1983, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, herein called "CITY, " and MOLA DEVELOPMENT CORPORATION, a California corporation, herein called "LICENSEE. " WHEREAS, in connection with the development of Tracts 11673, 11861 and 11870 in Huntington Beach, California, LICENSEE requested and was required by the Department of Public Works of CITY to provide landscaping and other improvements in public right-of-way in accordance with plans and specifications submitted by LICENSEE and approved by CITY; and WHEREAS, LICENSEE has provided for maintenance of portion of said improvements in public right-of-way as noted above (hereinafter referred to as "IMPROVEMENT AREA" ) , 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 "IMPROVEMENT AREA" ; and WHEREAS, said IMPROVEMENT AREA is located within the City of Huntington Beach, County of Orange , California, and more particularly shown on Exhibit "A, " attached hereto and incor- porated by reference herein , NOW, THEREFORE, the parties agree as follows: This document is solely for the official business of the City 1 - of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. ALLCIA M. VVENTWORTH CITY CLEPIK j : �. , A� i f tV . 84-3545704f CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA for landscaping purposes. 2. The term of this license shall be perpetual , provided that CITY may at any time terminate this license upon thirty ( 30 ) days ' written notice to LICENSEE. 3. During the term of this License the LICENSEE and/or its successors and assigns agrees to maintain the existing improve- ments of the area shown in Exhibit "A" and designated thereon as the "area within the agreement" in good and satisfactory condition. Maintenance shall include but not be limited to watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing , cultivating, edging, performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally keeping the landscaped area in clean , safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. The growth of all plant materials shall be controlled so that none protrude into pedestrian, bicycle or street areas to obstruct or hinder bicycling, walking or driving traffic. Water, soil , or other materials shall not be allowed to flow or spray across or onto the bicycle path, pedestrian walk or street right-of-way from the edge of the curb/gutter to the center of the street as designated on Exhibit "A. " The IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such gardening and maintenance practices so performed 2 - 84-3545 0 4F shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards and Specification, issued by the CITY Department of Public Works. 4. In the event any damage is caused to the pathways, side- walks, curb, street or utilities as a result of the installation of the landscape material installed and/or maintenance of the IMPROVEMENT AREA, LICENSEE and/or its successors and assigns agrees to repair same at its own expense. 5. In the event LICENSEE and/or its successors and assigns does not maintain the IMPROVEMENT AREA in an adequate manner, CITY shall cause such maintenance to be performed adequately and all costs incurred shall be assessed to and billed directly to the LICENSEE and/or its successors and assigns. Payment shall be due within ten ( 10 ) days of billing. 6. The LICENSEE and/or its successors and assigns shall make no material change in the placement or type of plant material or other improvements utilized within the IMPROVEMENT AREA nor shall the design of the IMPROVEMENT AREA be materially changed without prior written consent of CITY. 7. This License is appurtenant to said Tracts 11673, 11861 and 11870 and may not be separately assigned apart from said tracts or interests therein. The parties understand that prior to sale of property in said tracts, a homeowners ' association shall be formed and shall assume responsibility for maintenance of the IMPROVEMENT AREA. Upon recordation of a declaration of covenants, 3 - 84-3'54510 4F conditions, and restrictions approved as to form by CITY and formation of a homeowners ' association, CITY agrees to consent to assignment of LICENSEE 'S rights and duties hereunder to the association and release MOLA DEVELOPMENT CORPORATION upon assumption by the association of the duties and obligations of this agreement. 8. For the term of this agreement, LICENSEE and/or its successors and assigns shall provide public liability insurance and agree to name the CITY as an additional insured and to hold CITY harmless as follows : ( 1 ) Combined single limit bodily injury and property damage : $300, 000 in the aggre- gate . ( 2 ) Additional Insured Endorsement : The LICENSEE agrees to name , in said public liability insurance policy as additional insured, the CITY OF HUNTINGTON BEACH, its officers and employees, when acting as such. ( 3 ) LICENSEE agrees to protect, defend, indemnify and hold harmless CITY, its officers and employees, against loss , damage , expenses or liability by reason of any suits, claims, demands and judgments caused by LICENSEE, its employees and agents, including independent contractors employed by it, arising out of or in consequence of the performance of this agreement. - 4 - 9. This license is nonexclusive , and the IMPROVEMENT AREA shall at all times be open equally to use by the general public. 10. LICENSEE agrees that in the performance of this agree- ment and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in , discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. 11 . This instrument shall bind and inure to the benefit of the owners of Tracts 11673, 11861 and 11870 and their respective successors, heirs, personal representatives and assigns, provided, however, that any person who conveys, assigns, or sells by recorded deed all of his or her interest in the property described as Tracts 11673, 11861 and 11870 shall thereafter be released from all duties and obligations under this agreement arising after the date that such person gives written notice of assignment to the CITY. 12. This agreement shall be recorded with the County Recorder of Orange County, California. 13. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof , the prevailing party shall be entitled to recover from the losing party reason- able expenses, attorney ' s fees, and costs. 14. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obli- gations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect - 5 - 84-35457+ 4t,. . PAS A AY VCz�,5E A46RCEM51 7" rR4C;rS /l4 7,3 /1870 1/f'6/ Apic I i V � 2�8,77� �►��`r T 77 `� � �._ c_ ��. R� •, �,. . - -, � .:�'. / ,->• i/~;//trio - q 23Y. 62 7. Xf41Wr,41M6D BY \ 1AIII:OVeA,I)EXi i it 6EA. STATE OF CALIFORNIA ) ss c ©�} 5 It J COUNTY OF ORANGE ) -70 On this pz hk day of /¢t/�yt� 19P before me, ' a Notary Public in and for said County and State, personally appeared • 71>00 /4.4c,4114T#'em , known to me to be the Mayor and AkliciA M. Wpf&w0R,•�4; , 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. .. OFFICIAL SEAL 41- CONNIE A . BROCKWAY NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN TY MY COMMISSION EXORAPIRES OCT1 16 1985 STATE OF CALIFORNIA SS. COUNTY OF A ,�/��� Q On this day of t'C��i1 sr 19-VE-82,,before me,the undersigned, o ' a Notary Public in and for said Count a d State rso ,Ily ap are ie e J . � CL personally known to me(or proved to on the basis of satisfactory evld nce to be the President,and F,&r641 m personally known to me(or proved to me on the basis of satisfactory evidence)to be the •' Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within Y instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, OFFICIAL pursuant to its by laws,or a resolution of its Board of Directors. CAROL KAY IGl,!'7r`S NIA NOTARY i=�f6Ll%-L4!"'FpRNIA WITNESS my hand and official seal. ORANGE_COUNrY 1 I` , My Comm.Expires March 10,1986 S 1 N to SI ture (This area for official seal) r b4-35457Q excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. MOLA ELO MEN COR ORATION: CITY OF HUNTINGTON BEACH, A 1 ipal c r anon Frank J./Mo a President Mayor Peter E. Von Elton - Secretary ATTEST: APPROVED AS TO FORM: City Clerk -3 - 3 City Attorney 1 E REVIE D APPROVED: I TED AND A$PRO City Administrator Director of Public Works TE:kdl 9/20/83 - 6 - so CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 13, 1983 Mola Development Corporation 808 Adams Avenue Huntington Beach, Ca. 92648 The City Council of the City of Huntington Beach on August 22, 1983, approved a Parkway License Agreement with your company to provide and maintain landscaping and other improvements within the public right-of-way of Beach Boulevard and Adams Avenue in conjunction with Tracts 11673, 11870 and 11861 . Enclosed is a duly executed copy of this agreement together with a copy of insurance certificate which you provided to the City. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosures CC: Judy John, Finance Bill Patapoff, DPW (Telephone: 714.536.5227) top CITY OF HUNTINGTON BEACH LLV2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 7/s— June 22, 1983 Mola Development Corporation 808 Adams Avenue Huntington Beach, CA. 92648 The City Council of the City of Huntington Beach at its reqular meeting held June 20, 1983, approved a Parkway License Agreement with you to provide and maintain landscaping and other improvements within the public right-of-way of Beach Boulevard and Adams Avenue in conjunction with Tract 11673 and 11870. A duly executed copy of this agreement will be forwarded to you upon receipt of your insurance as required by the agreement. We have enclosed an unsigned copy of the agreement and a blank certificate of insurance for your use. Please return your completed insurance certificate to this office and upon approval of the certificate by the City Attorney's Office, the agreement will be executed and a copy forwarded to you. `Alicia M. Wentworth City Clerk AMW:CB:bt Enclosures CC: Bill Patapoff, Dept. of Public Works n S 510 (Telephone; 714.536-52271 REQUEST FOR CITY COUNCI ACTION Date June 7 , 1983 Submitted to: Honorable Mayor and City Council r Y� Submitted by: C. W. Thompson, City Administrato GG G1S V Sg�� Prepared by: Paul E. Cook, Director of Public Wor . O , �'0 i Subject: Parkway License Agreement for Tracts 1673 di 1187QCI Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: In order for Mola Development Corporation to provide and maintain land- scaping in conjunction with Tracts 11673 and 11870 within public right- of-way, a Parkway License Agreement must be executed between the developer and the City. RECOMMENDATION: Execute the Parkway License Agreement between the City and Mola Development Corporation. ANALYSIS : A condition of approval for Tentative Tract 11673 (Seabridge Development) required Mola Development Corporation to enter into an agreement with the City for maintenance of landscaping and other improvements within the public right-of-way of Beach Blvd. and Adams Avenue. This allows the developer to integrate his on-site landscape scheme into the public right- of-way resulting in a more aesthetically pleasing landscape appearance. FUNDING SOURCE: None required. ATTACHMENT: Parkway License Agreement r CWT:PEC:WAP: jy PIO 4/81 . ; . 4P M PARKWAY LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of J41AIe. , 1983, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, herein called "CITY, " and MOLA DEVELOPMENT CORPORATION, a California corporation, herein called "LICENSEE. " WHEREAS, in connection with the development of Tracts 11673 and 11870 in Huntington Beach, California, LICENSEE requested and was required by the Department of Public Works of CITY to provide landscaping and other improvements in public right-of-way in accordance with plans and specifications submitted by LICENSEE and approved by CITY; and WHEREAS, LICENSEE has provided for maintenance of portion of said improvements in public right-of-way as noted above (hereinafter referred to as "IMPROVEMENT AREA" ) , 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 "IMPROVEMENT AREA" ; and WHEREAS, said IMPROVEMENT AREA is located within the City of Huntington Beach, County of Orange , California, and more particularly shown on Exhibit "A, " attached hereto and incor- porated by reference herein, NOW, THEREFORE, the parties agree as follows: - 1 - 1. CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA for landscaping purposes. 2. The term of this license shall be perpetual , provided that CITY may at any time terminate this license upon thirty ( 30 ) days ' written notice to LICENSEE. 3. During the term of this License the LICENSEE and/or its successors and assigns agrees to maintain the existing improve- ments (except sidewalk within public right-of-way ) of the area shown in Exhibit "A" and designated thereon as the "area within the agreement" in good and satisfactory condition. Maintenance shall include but not be limited to watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing, cultivating, edging, performing general planting and trimming or other corrective gardening , spraying grass and plants with both insecticides and herbicides, and generally keeping the landscaped area in ,clean, safe and attractive condition, taking into consid- eration normal growth of the landscape materials and a continu- ation of the aesthetic quality of the area. The growth of all plant materials shall be controlled so that none protrude into pedestrian, bicycle or street areas to obstruct or hinder bicycling, walking or driving traffic. Water, soil, or other materials shall not be allowed to flow or spray across or onto the bicycle path, pedestrian walk or street right-of-way from the edge of the curb/gutter to the center of the street as designated on Exhibit "A. " The IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such gardening and 2 - maintenance practices so performed shall conform to the best maintenance practices and to the Arboricultural and Landscape Standards and Specification, issued by the CITY Department of Public Works. 4. In the event any damage is caused to the pathways, side- walks, curb, street or utilities as a result of the installation of the landscape material installed and/or maintenance of the IMPROVEMENT AREA, LICENSEE and/or its successors and assigns agrees to repair same at its own expense . 5. In the event LICENSEE and/or its successors and assigns does not maintain the IMPROVEMENT AREA in an adequate manner, CITY shall cause such maintenance to be performed adequately and all costs incurred shall be assessed to and billed directly to the LICENSEE and/or its successors and assigns. Payment shall be due within ten ( 10 ) days of billing. 6. The LICENSEE and/or its successors and assigns shall make no material change in the placement or type of plant material or other improvements utilized within the IMPROVEMENT AREA nor shall the design of the IMPROVEMENT AREA be materially changed without prior written consent of CITY. 7. This License is appurtenant to said Tracts 11673 and 11870 and may not be separately assigned apart from said tracts or interests therein . The parties understand that prior to sale of property in said tracts, a homeowners ' association shall be formed and shall assume responsibility for maintenance of the IMPROVEMENT AREA. Upon recordation of a declaration of covenants, conditions, 3 - and restrictions approved as to form by CITY and formation of a homeowners ' association, CITY agrees to consent to assignment of LICENSEE 'S rights and duties hereunder to the association and release MOLA DEVELOPMENT CORPORATION upon assumption by the asso- ciation of the duties and obligations of this agreement. 8. For the term of this agreement, LICENSEE and/or its successors and assigns shall provide public liability insurance and agree to name the CITY as an additional insured and to hold CITY harmless as follows : ( 1 ) Combined single limit bodily injury and property damage: $300, 000 in the aggre- gate. ( 2 ) Additional Insured Endorsement: The LICENSEE agrees to name, in said public liability insurance policy as additional insured, the CITY OF HUNTINGTON BEACH, its officers and employees, when acting as such. (3 ) LICENSEE agrees to protect, defend, indemnify and hold harmless CITY, its officers and employees, against loss, damage, expenses or liability by reason of any suits, claims, demands and judgments caused by LICENSEE, its employees and agents, including independent contractors employed by it, arising out of or in consequence of the performance of this agreement 4 - 9. This license is nonexclusive , and the IMPROVEMENT AREA shall at all times be open equally to use by the general public. 10. LICENSEE agrees that in the performance of this agree- ment and use of the IMPROVEMENT AREA it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. 11 . This instrument shall bind and inure to the benefit of the owners of Tracts 11673 and 11870 and their respective successors, heirs, personal representatives and assigns, provided, however, that any person who conveys, assigns,' or sells by recorded deed all of his or her interest in the property described as Tracts 11673 and 11870 shall thereafter be released from all duties and obligations under this agreement arising after the date that such person gives written notice of assignment to the CITY. 12. This agreement shall be recorded with the County Recorder of Orange County, California. 13. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reason- able expenses, attorney ' s fees, and costs. 14. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obli- gations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect 5 - excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day,,, month and year first above written. MOLA,! DE EL PMENT CORPORATION: CITY OF HUNTINGTON BEACH, A municipal corporation i Frank M la - President Mayor eter E. Von Elton - Secretary ATTEST: APPROVED AS T RM: City Clerk C ' y A to n y TE REVIEWE LSD APPROVED: INI�T AND &pPROVED City Administrat r Director of Public Works TE:kdl 5/26/83 6 - SWII181F A PARKWAY L/CENSE AGREEMENT TRACTS //673 //870 Q ti 58B./3 fiCUq,43 6U7ER / TR 11870 AR A L/_ Y71A L" R1w 8Z7,90� v 7X.f30U�VDRY W _ C O � � C� 01?OS!514ATC14 WDIC4TE5 TO E3E ax MA/NTA11VZW BY T MCTS //679 IIS70 1MPROVEMEMT AREA IV V � 1 r Q , QQ 7R. 13oU1vo1?y �1 NO SCALE 5/G�B3 REVISED" 7-22-83 Relmn OT,11111nl and Copy "' 'i""I'"'''I """' CERTIFICATE OF INSURANCE Approved as to Form: tarty till I...m i�lllio,It.utr'' t:uy All orouy TO Gail Hutton, City Attorney P 0 Mix 140 CITY OF HUNTINGTON BEACH, CALIFORNIA HontinNton Hwach,CA 92648 By: Copv to Risk Manager Utter approval A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. IT these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92W. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured MOLA DEVELOPMENT CORPORATION Address of Insured 808 Adams Avenue, Huntington Beach, CA 92648 Location of Work or Operations to be performed Tract 11673 and 11870 Beach Blvd. and Adams Avenue l7Acrrir,tio�t of 44`0:4 ;,r nCr,ra.in.,c Landscaping improvements maintenance POLICIES IN FORCE POLICY NO. POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY — - — ----- _------__— Effective Expiration In Thousands (000) (INS.) GENERAL LIABILITY IX COMPREHENSIVE FORM MLA0401718 11 -4-82 11-4-83 S 500,000 CSL Mission Insurance Co. IXI PRF MISES-OPERATIONS Each Occurance XI EXPLOSION AND COLLAPSE HAZARD rI r�yy UNDERGROUND HAZARD 1X I PRODUCTS COMPLETED OPERATIONS HAZARD 1XI CONTRACTUAL INSURANCE VI BROAD FORM y PROPERTY DAMAGE XI INDEPENDENT CONTRACTORS I PERSONAL INJURY AIiTnm.nRll_E 1 lA.g11 lTY � I COMPREHENSIVE FCIRM IM.LA0401718 111-4-82 111 -4-83 f h ; OWNED $ 500,000 csLMission Insurance Co. X I HIRED Each Occurance X I NON-OWNED EXCESS LIABILITY XI UMBRELLA FORM MN001101R 11-4-82 11-4-83 r1 I1 OTHER THAN $ 10,000,000 lission National Ins . UMBRELLA FORM WORKERS'COMPENSATION and 82WC1-13633D 10-17-82 10-17-83 Jission Insurance Co. EMPLOYERS' LIABILITY Additional Insured Endorsement: ` The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Jul , n 1 0(v3 Date ' "AUTHOR1717D REPPr-S iITpTIVE OF INSURANCE CrJIL1n:AN1.. INSURANCE COMPANY Mission Ins. Mission Nationo Brakke-Schafnitz & Assoc . , Inc. Y Name Address 17911 Fitch Avenue Address 600 City Parkway W. Irvine, CA 92714 Orange, CA 92668 City City Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) 'The insured *- Corporation agrees to protect, defend, indemnif y, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, mage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insure, his dmplo es, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all t� ope ioF;, ctivity for which this certificate of insurance is furnished. ' It) Sole Proprietorship (2) Partnership (3) Cor9( t, (4) tate) HOLD HARMLESS SIGNED: By Insured: / t�' Title President (Al names shall be printed or typed By Insured: Title Secretary helow each signature.) -- Lvtp�rv2n,n El ten If Corporation, TWO Officers must sign,or present evidence of authorization to bind Corporation. Ra,':�t�rie Original and Copy coRipllllnd certificate to: CERTIFICATE OF INSURANCE 4P Approved as to Form: Oty of Huntington Beach TO Gail Hutton, City Attorney Caly Altorney 1'.o-no 190 CITY OF HUNTINGTON BEACH, CALIFORNIA Huntington Beach,CA 92648 By: Copy to Risk Manager after approval A MUNICIPAL CORPORATION C& This is to certify that the policies of insurance as described below have been issued to the insured by the ur rsignezrwrd rt3 in force at this time. 0 these policies are cancelled or changed in such a manner that will affect this certificate, the Insurance company agrees to give 10 days prior written notice, by mail,to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92645. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured MOLA DEVELOPMENT CORPORATION Address of Insured 808 Adaris Avenue, Huntington Beach, CA 92648 Location of Work or Operations to be performed Tract 11673, 11870 and 11861 Beach Bl. , & Adams Ave. Description of Work or Operations Landscaping improvements maintenance POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. (INS.) Effective Expiration In Thousands (000) GENERAL LIABILITY 1 IXI COMPREHENSIVE FORM MLA0401718 11-4-82 11-4-83 $ 500,000 CSL Mission Insurance Co. Q0 PREMISES-OPERATIONS Each Occurance IN EXPLOSION AND COLLAPSE HAZARD 1 xl UNDERGROUND HAZARD I.1 PRODUCTS COMPLETED 1� OPERATIONS HAZARD ►XI CONTRACTUAL INSURANCE IN BROADFORM PROPERTY DAMAGE I`] INDEPENDENT n CONTRACTORS l gl PERSONAL INJURY AUTOMOBILE LIABILITY I COMPREHENSIVE FORM MLA0401718 11-4-82 11-4-83 r OWNED $ 500,00.0 CSL Mission Insurance Co. I g HIRED Each Occurance l ki NON-OWNED EXCESS LIABILITY I UMBRELLA FORM MN001101R 11-4-82 11-4-83 [ I OTHER THAN $ 10,000,000 Mission National Ins. UMBRELLA FORM WORKERS'COMPENSATION Statutory and 82WC1-13633D 11-17-82 10-17-83 $100,000 Mission Insurance Co. EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Date Au ust 31 1983 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCECOMPANY Mission Ins./Mission Nat'l. Brakke—Schafnitz & Assoc. , Inc. By Name 17911 Fitch Avenue Address 600 City Parkway W. Address City Orange, CA 92668 City Irvine, CA 92714 Telephone (714) 863 1800 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured " (nYpDX ion agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, s, damage,,cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by,ins red, his em Igyees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of aN or �,q ,'ratio s r activ' V for which this certificate of insurance is furnished. (1)Sole Proprietorship (2) Partnership (3)Qbrp t h state , HOLD HARMLESS SIGNED: By Insured: l Title President Fra k J. (All names shall be printed or typed By Insured: Title Secretary below each signature.) Pettr /von E1ten If Corporation, TWO Officers must sign,or present evidence of authorization to bind Corporation. TO: Daryl Smith, Superintendent FROM: Connie Brockway, City Clerk (:-R SUBJECT: Parkway Agree ments/Insurance DATE: June 17, 1992 We will be sending you copies of current contracts between the City and developers and/or homeowners associations for parkway maintenance with their last insurance. Will you get us copies of their current insurance and also let us know the person from your department who will be handling this. Attachments: (1) Development Corp. (Seabridge) (2) Mola Development Corp. (Countess Dr.) (3) Mansion Hill Properties (Huntington St./Clay/Main) (4) Seacliff Estates (Palm/Seaview) cc: Lou Sandoval, Director CB:kw