HomeMy WebLinkAboutRUSSELL, RICHARD - 1991-01-07 (2) 6ao.is
REQUES i FOR CITY COUNCIL ACTION
Date January 7, 1991
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator v
Prepared by: Louis F. Sandoval, Director of Public Works pi ,
Subject: Parkway Maintenance Agreement APPROVED BY CITY COUNCIL
1 7 192
Consistent with Council Policy? [x] Yes [ ] New Policy or Exception Z.1/1 9. 1
(J LITY CLERIC
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Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE
In accordance with the conditions of approval. for Conditional Use Permit 88-44
(northwest corder of Beach Boulevard aad Garfield) the developer is required to
maintain landscaping within the public right of way.
RECOMMENDATION
Approve the Parkway Maintenance Agreement between the City of Huntington Beach
and Richard Russell.
ANALYSIS
The Planning Commission approved the conditions of approval for C.U.P. 88-44
to include an agreement between developer and the City of Huntington Beach
requiring the developer to maintain landscaping within the public right of way.
In accordance with the conditions of approval, the Public Works Department
initiated the attached agreement.
FUNDING SOURCE
N/A
ALTERNATE ACTION
Deny approval of the agreement and require the City to maintain the landscaping.
ATTACHMENTS
Agreement and location maps.
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RTIF'CD OP INSURANCE '' ' Q7/26/90
RODUCER TJ' - THIS CERTIFICATE IS ISSUED AS A MAT ).F INFORMATION ONLY[AN CONFERS 11
3r ooki & wi1 1meS Iles. Brokers NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO%i.
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! THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO ICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R SP:CT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I. SJBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS•SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE ISSUED AS E LDENCE.
OF INSURANCE FOR PROPERTY LOCATED AT 7949 'GARFIELD AVE. , HUNTINGTON BEACH,
?A. THE CERTIFICATE •€OLDER, ITS OFFICERS AND EMPLOYEES, ARE NAMED
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LIABILITY. QARAGEREEPE .5 LEGAL LIABILITY LIMIT IS $100,000 .
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SHOULD ANY OF THE. ABOVE DESCRIBED POLICIES BE CANCELLED B FthE THE EX-
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9 HE CITY OF HuNTINGTON BEACH DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L FT,--Bi
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INSURANCE •
F LJ ® CERTIFICATE OF WORKERS' COMPENSATION�I�NSURANCE '
MAY 16 , 1990 POLICY NUMBER: '247-89 `UNIT 0000349
CERTIFICATE EXPIRES: 1 2-1 -90
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ATTENTION .-, JULIE FITTERY
2000 ,MAIN STREET ' , • _ • ,' 4La
' HUNTINGTON' BEACH, CA 92648 ' • ``:,':';:-a :'
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EMPLOYER , , - ,
RICHARD RUSSELL . . ---- is-;.z--,- 0-,.-«. ---- =._ __ - ,_ - - -
DBA. HUNTINGTON BEACH CAR WASH _ .__ s " ; ' . .
17042 BEACH B'LVD ,,', - , _ .,
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SCi F 10262�(R ) - -
RECORDING REQUESTED
City of Huntington B 1 AFTER RECORDING MAIL TO: 9
(�
I-049431
City of Huntington Beach
Office of the City Clerk
P.O. Box 190 RECORDED IN OFFICIAL RECORDS
Huntington Beach, CA 92648 OF ORANGE COUNTY CALIFORNIA
1:3° FEB 11991
P.M.
This document is solely for the c - a `7c,ZRecorder
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and Should be recorded
free of eharge.
EX E M F 1
C14 J
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
RICHARD RUSSELL TO PROVIDE LANDSCAPING
AND OTHER IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY
TABLE OF CONTENTS
# TITLE PAGE(S)
1. GRANT OF LICENSE 2
2 . TERM 2
3 . DUTIES OF LICENSEE 2 & 3
4 . DAMAGE TO PATHWAYS, SIDEWALKS, CURBS, STREETS, OR 3
UTILITIES
5 . LICENSEE' S DEFAULT 3
6 . CHANGES OR IMPROVEMENTS 3
7. ASSIGNMENT 3
8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3 & 4
9 . WORKERS' COMPENSATION INSURANCE 4
10 . INSURANCE 5
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT 5 & 6
12 . INDEPENDENT CONTRACTOR 6
13 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 6 & 7
14 . NOTICES 7
15 . CAPTIONS 7
16 . LICENSE NONEXCLUSIVE 7
17 . ANTI-DISCRIMINATION 8
18 . AGREEMENT RUNS WITH THE LAND 8
19 . RECORDATION 8
20 . ENTIRE AGREEMENT 9
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
RICHARD RUSSELL TO PROVIDE LANDSCAPING
AND OTHER IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY
THIS AGREEMENT made and entered into this 7Nj day
of Jahu.RY '/ , 19.943', by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and RICHARD RUSSELL, hereinafter
referred to as "LICENSEE. "
WHEREAS, in connection with the development of that certain real
property described in Exhibit "A" in Huntington Beach, California
("PROPERTY") , 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 a 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 incorporated by reference
herein;
NOW, THEREFORE, in consideration of the promises and agreements
hereinafter made and exchanged, the parties covenant and agree as
follows :
-1-
1. GRANT OF LICENSE
CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA
for landscaping purposes .
2. TERM
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 . DUTIES OF LICENSEE
During the term of this License, the LICENSEE and/or their
successors and assigns agree to maintain the existing improvements 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 planing 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 insets at all times . All such gardening and maintenance
practices so performed shall conform to the best maintenance practices
-2-
and to the Arboricultural and Landscape Standards Specification,
issued by the CITY' S Department of Public Works .
4 . DAMAGE TO PATHWAYS, SIDEWALKS, CURBS, STREETS, OR UTILITIES
In the event any damage is caused to the pathways, sidewalks,
curb, street or utilities as a result of the installation of the
landscaped material installed and/or maintenance of the IMPROVEMENT
AREA, LICENSEE and/or their successors and assigns agree to repair
same at their own expense.
5 . LICENSEE' S DEFAULT
In the event LICENSEE and/or their successors and assigns do not
maintain the IMPROVEMENT AREA in an adequate manner, CITY shall cause
such maintenance to be performed adequately and all cots incurred
shall be assessed to and billed directly to the LICENSEE and/or their
successors and assigns . Payment shall be due with ten (10 days of
billing.
6 . CHANGES OR IMPROVEMENTS
The LICENSEE and/or their 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. ASSIGNMENT
This License is appurtenant to the PROPERTY and may not be
separately assigned apart from said tracts or interests therein.
8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and
save harmless CITY, its officers, and employees against any and all
liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to LICENSEE' S
-3-
employees and damage to LICENSEE'S property, arising directly or
indirectly out of the obligations or operations herein undertaken by
LICENSEE, including those arising from the passive concurrent
negligence of CITY, but save and except those which arise out of the
active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. LICENSEE will conduct all defense at its sole
cost and expense. CITY shall be reimbursed by LICENSEE for all costs
or attorney' s fees incurred by CITY in enforcing this obligation.
9 . WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every
employer to be insured against liability for workers ' compensation;
LICENSEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
LICENSEE shall maintain such Workers ' Compensation Insurance in
an amount of not less than One Hundred Thousand Dollars ($100,000)
bodily injury by accident, each occurrence, One Hundred Thousand
Dollars ($100,000) bodily injury by disease, each employee, and Two
Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease,
policy limit, at all times incident hereto, in forms and underwritten
by insurance companies satisfactory to CITY.
LICENSEE shall require all subcontractors to provide such
Workers ' Compensation Insurance for all of the subcontractors '
employees . LICENSEE shall furnish to CITY a certificate of waiver of
subrogation under the terms of the Workers ' Compensation Insurance
and LICENSEE shall similarly require all subcontractors to waive
subrogation.
-4-
10. INSURANCE
LICENSEE shall carry at all times incident hereto, on all
operations to be performed hereunder, general liability insurance,
including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY for
all operations, subcontract work, contractual obligations, product or
completed operations and all owned vehicles and non-owned vehicles .
Said insurance shall name the CITY, its officers, agents and
employees and all public agencies as determined by the CITY as
Additional Insureds . LICENSEE shall subscribe for and maintain said
insurance policies in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1,000, 000) combined single limit coverage. If coverage is provided
under a form which includes a designated general aggregate limit,
such limit shall be no less than One Million Dollars ($1, 000, 000) .
In the event of aggregate coverage, LICENSEE shall immediately notify
CITY of any known depletion of limits . LICENSEE shall require its
insurer to waive its subrogation rights against CITY and agrees to
provide certificates evidencing the same.
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the work hereunder, LICENSEE
shall furnish to CITY certificates of insurance subject to approval
of the City Attorney evidencing the foregoing insurance coverages as
required by Sections 19 and 20 herein; said certificates shall
provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise
-5-
to provide that such policies will not be cancelled without thirty
(30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by LICENSEE
under Section 18 of this Agreement. CITY or its representative shall
at all times have the right to demand the original or a copy of all
said policies of insurance. LICENSEE shall pay, in a prompt and
timely manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
LICENSEE' S insurance policies, naming the CITY, its officers and
employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder.
12 . INDEPENDENT CONTRACTOR
It is understood and agreed that the LICENSEE is, and shall be,
acting at all times hereunder as an independent contractor and not as
an employee of CITY. LICENSEE shall secure, at its expense, and be
responsible for any and all payment of income tax, social security,
state disability insurance compensation, unemployment compensation
and other payroll deductions for LICENSEE and its officers, agents
and employees, and all business licenses, if any, in connection with
the PROJECT.
13 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to recover from LICENSEE its reasonable
administrative and attorney' s fees, costs and necessary disbursements
arising out of the processing of said Stop Notices, Notices to
Withhold, or any similar legal document necessary to the prosecution
of such action. Said obligation shall be provided for in the labor
-6-
and materials payment bond required of LICENSEE. CITY may charge an
administrative fee of One-Hundred Dollars ($100) for every Stop
Notice filed in excess of two, regardless of whether or not CITY is
named in an action. CITY may set off any unreimbursed cost or
expense so incurred against any sum or sums owed by CITY to LICENSEE
under this Agreement.
14 . NOTICES
Any notices or special instructions required to be given in
writing under this Agreement shall be given either by personal
delivery to LICENSEE or to CITY' S Director of Public Works, as the
situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United
States Postal Services, addressed as follows :
TO CITY: TO LICENSEE:
Mr . Louis Sandoval Mr. Richard Russell
Director of Public Works Owner
CITY OF HUNTINGTON BEACH HUNTINGTON CAR WASH
2000 Main Street 7949 Garfield Avenue
Huntington Beach, CA 92648 Huntington Beach, CA 92647
15 . CAPTIONS
Captions of the Sections of this Agreement are for convenience
and reference only, and the words contained therein shall in no way
be held to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Agreement.
16. LICENSE NONEXCLUSIVE
This License is nonexclusive, and the IMPROVEMENT AREA shall at
all times be open equally to use by the general public.
-7-
17. ANTI-DISCRIMINATION
LICENSEE agrees that in the performance of this agreement 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.
18 . AGREEMENT RUNS WITH THE LAND
This instrument shall bind and inure to the benefit of the
owners of the PROPERTY 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 shall thereafter be released from all
duties and obligations under this agreement arising after the date
that such person give written notice of assignment to the CITY.
19 . RECORDATION
This agreement shall be recorded with the County Recorder of
Orange County, California.
REST OF PAGE NOT USED
-8-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
On this day of aitU«-� 19 _ , before me,
a otary Public in and for said unty a i State, personally appeared
, known to me to be the Mayor
and Gr1ZL.itA-e, drociccr , known to me to be the City Clerk
of the City of Hunting 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.
CNIL SEAL
LAUR4 HEWN
*,;3)
i'�48/y Publk •Caiffls�nie
ORA PrElCocir Y
My comet. exp. July 8, 1991
STATE OF CALIFORNIA ) ss.
COUNTY OF ORANGE )
On .n.i.}.w .?3 , 19 q , before me, a Notary Public of the State of California, personally
appealed ta��. '�{uaa.�.Qf1 , known or proved to me on the basis of satisfactory
evidence to me to be the person($}whose name($) ta, subscribed to the within instrument, and
acknowledged that Ai_ executed it. WITNESS my hand and official seal.
Y B ICE L SEAL I GG�� Of
MAYBR'IC ETCHESO'N
:= vAm NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
`','.4;a.`P My comm. expires MAY 11, 1993
20 . ENTIRE AGREEMENT
This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect excepting
a subsequent modification in writing, signed by the party to be
charged.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized officers
the day, month and year first above written.
LICENSEE CITY OF HUNTINGTON BEACH,
a municipal corporation of the
rnia
f/WLXA/(&
RICHARD RUSSELL //a3/9/ Mayor
ATTEST: APPROVED AS TO FORM:
4d1W4L4i SLOCItAiti
City Clerk C' wney (N419% '1 -•‘$-9b
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City Administrator Director f Public Works
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