HomeMy WebLinkAboutSeaside Village Towne Homes Association and W and B Builders, Inc. - 1980-08-18 REQU LT FOR CITY COUNCIL ACTION
Submitted by Paul E. Cook Department Pu Ln. Works
Date Prepared Auaust 6� , 19_a Backup Material Attached ® Yes No
Subject Parkway Maintenance Agreement - Tract 9580 (Seaside Village
Homes/W & B Builders Inc. )
City Administrat CIL'
Approve as Recommended
C'rrY CLSIM
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
Statement of ,:Issue:
In accordanc; with the Conditions of Approval for Tract 9580 (southwest
corner of Atlanta Avenue and Beach Blvd. ) , the developer and/or the home-
owners' association are required to maintain all landscaping within the
public right-of-way.
Recommendation:
Approve the Parkway Maintenance Agreement between the City of Huntington
Beach and Seaside Village Towne Homes/W & B Builders, Inc.
Analysis:
On December 4, 1979, the Planning Commission revised the Conditions of
Approval for Tract 9580 to include specific reference to the maintenance
of landscaping within the public right-of-way. The revision states that
the homeowners' association and/or the developer, as they proportionately
hold title to the property, shall be required to maintain landscaping
within the public right-of-way.
In accordance with this condition of approval, the Public Works Dept.
initiated the attached agreement.
Funding Source:
N A.
Alternative Action:
Deny approval of the agreement as written.
PEC:DN: jy
P10 3/7e
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of
July , 198a, by and between the CITY OF HUNTINGTON BEACH ,
a municipal corporation of the State of California, hereinafter
referred to as �"CITY" , and Seaside Village Towne Hares, Association,
a California corpo raton, hereinafter referred to as "ASSOCIATION"
and W & B Builders, Inc. , a Delaware corporation ,
hereinafter referred to as "DEVELOPER" .
R E C I T A L S
WHEREAS , in connection with the development of Tract 9580
�s
in Huntington Beach, California , DEVELOPER has dedicated land
Atlanta Ave. , Beach Blvd. ,
along Delaware St. & Sunrise Dr. , for public street purposes , which
land is fully set out in the diagram attached hereto as Exhibit "A"
and incorporated herein by this reference ; and
As a condition of approval of Tentative Tract 9580
DEVELOPER was required by the Planning Commission of CITY to pro-
Atlanta Ave. , Beach Blvd. ,
vide landscaping improvements along Delaware St. & Sunrise Dr. ,
in accordance with plans and specifications submitted to and
approved by CITY; and
DEVELOPER has provided for landscape maintenance of a portion
Atlanta Ave. , Beach Blvd. , Delaware
of public right-of-way along Ri-_ and Sunrise Dr. ,
hereinafter referred to as "LANDSCAPE AREA" , which area is set out
and delineated in Exhibit "A" , attached hereto; and
By this agreement , the parties hereto desire to set forth
and clarify their respective obligations regarding the maintenp--e
-:WM : pS
6/24/80
1.
of the LANDSCAPE AREA.
A 0 R E E M E N T
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto do covenant and agree as follows:
1. RESPONSIBILITIES
The duties and responsibilities hereinafter described as
those of ASSOCIATION shall be theirs; DEVELOPER shall be secondarily
responsible for all so described duties and responsibilities , until
such time as DEVELOPER can show that he 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 purposes
and CITY deems it appropriate that the LANDSCAPE AREA remain for
landscaping purposes.
3. LANDSCAPE MAINTENANCE
ASSOCIATION shall maintain the improvements of the area
shown in Exhibit "A" and described as the area to be maintained in
a 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 prac-
tices, spraying grass and plants with both insecticides and herbi-
cides , and generally keeping LANDSCAPE AREA in a clean, safe and
attractive condition, taking into consideration normal growth of
the landscape materials and a continuation of the aesthetic quality
2.
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. 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 I. issued by the Department of Public
Works of CITY.
4. DAMAGE AND REPAIR
In the event any damage is caused to the sidewalk, curb ,
gutter , street or utilities as a result of the installation of the
landscape material and/or maintenance of the LANDSCAPE AREA, ASSO-
CIATION agrees to repair same at its sole expense within thirty
( 30) days from the discovery of such damage , or within thirty ( 30)
days from receipt of written notice of such damage from CITY,
whichever is shorter.
5. FAILURE TO MAINTAIN
Should ASSOCIATION fail to maintain the LANDSCAPE AREA
in a satisfactory condition, as described in paragraph 3 hereof,
CITY shall give written notice of such failure to both ASSOCIATION
and DEVELOPER. Should any failure not be corrected within thirty
( 30) days after notice is given , CITY may cause the necessary
maintenance to be performed and all costs incurred shall be assessed
to ASSOCIATION in the property tax rolls for the following year.
3•
6. INSURANCE
ASSOCIATION shall obtain a policy of comprehensive bodily
injury and property damage liability insurance , and maintain such
policy in effect for the period covered by this agreement , pro-
viding coverage for bodily injury and property damage in the mini-
mum amount of $300 ,006 combined 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, suite, or other actions of any nature brought
for or on account of any injuries , damage or loss, including any
deaths arising out of or connected with the performance of this
agreement. ASSOCIATION shall furnish CITY a certificate of insur-
ance from the insurer evidencing compliance with this paragraph
and providing that the Insurer shall 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. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
ASSOCIATION shall defend, indemnify and hold harmless
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 ASSOCIATION'S negligence or other tortious conduct
in the performance of this agreement.
8. SALE OR ASSIGNMENT
DEVELOPER and/or ASSOCIATION shall be liable for the
obligations set out herein so long as CITY deems it appropriate and
DEVELOPER and/or ASSOCIATION utilizes the LANDSCAPE. AREA. In the
event DEVELOPER and/or ASSOCIATION sells or otherwise assigns the
property described as Tract 9580 , and the buyer or assignee
assumes ASSOCIATION'S obligations under this agreement , DEVELOPER
and/or ASSOCIATION shall be thereafter released from such obliga-
tions. The DEVELOPER and/or ASSOCIATION shall give written notice
to CITY of any sale or assignment of the subject property thirty
( 30) days prior to said assignment.
9. LANDSCAPE CHANGES
DEVELOPER and/or ASSOCIATION 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 pursuant to this agreement shall be
In writing and deemed served when deposited in the United States
Postal Service , postage prepaid and addressed as follows :
CITY: City Clerk
City of Huntington Beach
P. 0. Box 190
Huntington Beach , CA 92648
ASSOCIATION: Seaside Village Towne Homes Association
1666 Ninth Street
Santa Monica, California 90404
DEVELOPER: W & B Builders, Inc.
1666 Ninth Street
Santa Monica, California 90404
5.
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 first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST: '::A*PftOVtV::AS`'T(7-FORM
C)-Z
City-Clerk ty Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C y Adm n atrator Dir ctor of Public Works
DEVELOPER: ASSOCIATION:
W & B Builders, Inc. Seaside Vil ge Towne Homes Association
s Delaware Corporatlon —571"KiTr n a co" On
By ��� By
Vice rea a President
Patrick J. Dunn AV. Borstein
By_.�fir-'--'_�_ -- B y
Ass't. Secretary Secrettary
Brenda A. Aronson John Vail
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AND ADDRESS OF AGENCY
JAMEb •ECONN At CO. insurance COMPANIES AFFORDING COVERAGES
3055 WILGHIRE BOULIMARD COMPANY
Los ANOELM CALIFORNIA 00010 LETTER A AETNA CASUALTY & SURETY
1,76t`�i) g�ls�'1s1 COMPANY
LETTER
NAMF ANO ADDRESS OF INSURED KIECEIVED
SEASIDE VILLAGE TOWNE HOMES ASSOC. ETTERNY Ci cay ATTORNEY
C/O W & B BUILDERS, INC. COMPA
1666 NINTH STREET ETTERNY D
SANTA MONICA, CA 90404 COMPANY E LETTER AFM P�
this is to certify that policies of Insurance listed below have been Issued to the insured named above and are in force at this time. eq Ire a rm or condition
of any contract or other document with respect t4 which this certificate may be Issued or may pertain,the insurance afforded by theQolicies described herein is subject to all the
terms,exclusions and conditions of such panties.. !
')M1'ANY POLICY Limits of Liabil ty in Thousan s
I T I I'P TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY E S
®COMPREHENSIVE FORM
®PREMISES—OPERATIONS PROPERTY DAMAGE $ E
❑EXPLOSION AND COLLAPSE
A ❑ HAZARD 83 GL 32202 CMA 1/1/81
UNDERGROUND HAZARD
PRODUCTS/COMPLETED BODILY INJURY AND
OPERATIONS HAZARD
QSJ CONTRACTUAL INSURANCE PROPERTY DAMAGE s500, s500,
BROAD FORM PROPERTY COMBINED
DAMAGE
®INDEPENDENT CONTRACTORS
PfRSONAI. INJURY PERSONAL INJURY tSOO,
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) $
r❑r COMPREHENSIVE FORM BODILY INJURY s
OWNED (EACH ACCIDENT)
PROPERTY DAMAGf y
Cl HIRED _
NON-OWNED BODILY INJURY AND
PROPERTY DAMAGE $
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
❑ UMBRELLA FORM PROPERTY DAMAGE $ $
❑ OTHER THAN UMBRELLA COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
and
_EMPLOYERS'LIABILITY $
_ if n•++ncc+ncNi
OTHER
Additional Insure s: City of Huntington Bea and its
officers and em to ees **
r rPR'Qr'°"r°r°Qerroc°e�`rr°"srvc"rc�cs**, ITS OFFICERS AND EMPLOYEES WHILE ACTING WITHIN THE SCOPE OF THEII
DUTIES AGAINST ALL CLAIMS, SUITS OR OTHER ACTIONS OF ANY NATURE BROUGHT FOR OR ON ACCOUNT OF AN)
INJURY DAMAGE OR LOSS INCLUDING ANY DEATH ARISING OUT OF OR CONNECTED WITH THE PERFORMANCE OF T1
CERTAIN PARKWAY MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, SEASIDE VIL
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeaxwxto mail 3_ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no oAj" 1"il�bo ind dpon the company.
(BAIL HUTTON
NAME AND ADDRESS OF CERTIFICATE HOLDER: CItY Attorney JULY 16 1980
CITY OF HUNTINGTON BEACH DATE ISSUED:
2000 MAIN STREET By ES ECON i CO.
HUNTINGTON BEACH, CA 9Z f Ys
11ty ty Att AUTHORIZED REPRESENTATIVE
ACORD 25(1-79)
EF 0
Huntington Beach Planning Commission
,,C_*
P.O. BOX 190 CALIFORNIA 92648
TENTATIVE TRACT 9580~~
Applicant: W & B Builders , Inc .
1666 Ninth Street
Santa Monica , California 94004
Request: Conceptual landscaping plan and design For entrance
islands and gating system for a previously approved
tract located on the southwest corner of Atlanta
Avenue and Beach Boulevard.
Date of Approval : December 4 , 1979
Date of Revision: December 18 , 1979
CONDITIONS OF APPROVAL (REVISED) :
Entrance Islands and Gating System: Approved subject to review
and approval by the Huntington Beach Fire Department.
Conceptual Landscaping Plan : Approved subject to the following :
1. Upon his concurrence received on December 4 , 1979 , the
developer and/or the future homeowners ' association as thQy
proportionally hold title to the property shall be required
to maintain the landscaping within the public right-of-way.
This requirement shall be incorporated into the Conditions ,
Covenants, and Restrictions for the subject tract.
2 . If the developer and/or the homeowners ' association does not
adequately maintain the landscaping within the public right-of-
way, the City is authorized to do so and bill the developer or
the association. If this fee is not paid, the City is author-
ized to assess the developer and/or the homeowners ' association
on the following year ' s property tax rolls for the costs
incurred for such maintenance. `Phis provision shall also be
incorporated into the project ' s Conditions , Covenants , and
Restrictions .
I hereby certify that the conditions of approval for Tentative Tr..,ct
No. 9580 were revised as outlined above by the Planning Coiiun.i.ssion of
the City of Huntington Beach, California , on December 18 , 1979 .
ery truly o
JJ mes W. alin, Secretary
df
s to
/VvaL2-y op r"?-
LV
;, CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
July 9 , 1980
rr
Mr. Pat Dunn
W & B Builders, Inc.
1666 Ninth Street
Santa Monica, CA 90404
Subject: Parkway Maintenance Agreement; Tract 9580
Dear Mr. Dunn:
Per our telephone conve sation of July 8 , 1980, I have en-
closed, for your. review and pproval, a revised Parkway Maintenance
Agreement for Tract 9580. n addition, Exhibit "A" is being re-
turned because it does not eflect the fact that all landscaping
in the public right-of-way is to be maintained by the association.
Please make the appropriat changes on the exhibit and return it
with the agreement.
Should you have any uestions regarding the agreement or the
exhibit, please contact m in the Public Works office at (714)
536-5431.
Very truly yours,
Don Noble
Engineering Planner
DN: jy
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Encl.
cc: Daryl Smith
y /
H.B. Landscape Dim. Supt.
George Tindall ✓
H.B. City Engineer
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PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day of
19 (), by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as -"CITY" , and . iCA61-0C V I L L h(w04 1,0 wNL /-'' wM V S ,/�660L/A7lOu�
a California corporaton, hereinafter referred to as "ASSOCIATION'
and Li k S SvtL+a.Cy4_,9 we , a Cors.Pon.�: �Q
hereinafter referred to as "DEVELOPER".
R E C I T A L S
WHEREAS , in connection with the development of Tract 9�,9 0 ,
In Huntington Beach, California , DEVELOPER has dedicated land
Al sea-A ^ Avw • ) %cAco T:$V_v O .
along t r.LA,w,P. .d 4T. A S•mri-,-z , for public street purposes , which
1z)rx%ve .
land is fully set out in the diagram attached hereto as Exhibit "A"
and incorporated herein by this reference ; and
As a condition of approval of Tentative Tract
DEVELOPER was required by the Planning Commission of CITY to pro-
vide landscaping improvements along A
I LA,.sAA 44�4If
In accordance with plans and specifications submitted to and
approved by CITY; and
DEVELOPER has provided for landscape maintenance of a portion
$4"(L A t-n n Ave .) S wr+t-'♦ I
of public right-of-way along "p��,,�, ,, Z, * S VA t k R L.y u ,
hereinafter referred to as "LANDSCAPE AREA" , which area is set out
and delineated in Exhibit "A" , attached hereto; and
By this agreement , the parties hereto desire to set forth
and clarify their respective obligations regarding the maintenance
CWM:ps
6/24/80
1.
of the LANDSCAPE AREA.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto do covenant and agree as follows:
1. RESPONSIBILITIES
The duties and responsibilities hereinafter described as
those of ASSOCIATION shall be theirs; DEVELOPER shall be secondarily
responsible for all so described duties and responsibilities, until
such time as DEVELOPER can show that he 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 purposes
and CITY deems it appropriate that the LANDSCAPE AREA remain for
landscaping purposes.
3. LANDSCAPE MAINTENANCE
ASSOCIATION shall maintain the improvements of the area
shown in Exhibit "A" and described as the area to be maintained in
a 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 prac-
tices, spraying grass and plants with both insecticides and herbi-
cides , and generally keeping LANDSCAPE AREA in a clean, safe and
attractive condition, taking into consideration normal growth of
the landscape materials and a continuation of the aesthetic quality
2.
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. Dater, 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. 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 I. issued by the Department of Public
Works of CITY.
4. DAMAGE AND REPAIR
In the event any damage is caused to the sidewalk, curb,
gutter , street or utilities as a result of the installation of the
landscape material and/or maintenance of the LANDSCAPE AREA, ASSO-
CIATION agrees to repair same at its sole expense within thirty
( 30) days from the discovery of such damage , or within thirty (30)
days from receipt of written notice of such damage from CITY,
whichever is shorter.
5. FAILURE TO MAINTAIN
Should ASSOCIATION fail to maintain the LANDSCAPE AREA
in a satisfactory condition, as described in paragraph 3 hereof,
CITY shall give written notice of such failure to both ASSOCIATION
and DEVELOPER. Should any failure not be corrected within thirty
( 30) days after notice is given, CITY may cause the necessary
maintenance to be performed and all costs incurred shall be assessed
to ASSOCIATION in the property tax rolls for the following year.
3•
6. INSURANCE
ASSOCIATION shall obtain a policy of comprehensive bodily
injury and property damage liability insurance , and maintain such
policy in effect for the period covered by this agreement , pro-
viding coverage for bodily injury and property damage in the mini-
mum amount of $300,000 combined 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 or loss, including any
deaths arising out of or connected with the performance of this
agreement. ASSOCIATION shall furnish CITY a certificate of insur-
ance from the insurer evidencing compliance with this paragraph
and providing that the insurer shall 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. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
ASSOCIATION shall defend , indemnify and hold harmless
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 ASSOCIATION'S negligence or other tortious conduct
in the performance of this agreement.
8. SALE OR ASSIGNMENT
DEVELOPER and/or ASSOCIATION shall be liable for the
4.
obligations set out herein so long as CITY deems it appropriate and
DEVELOPER and/or ASSOCIATION utilizes the LANDSCAPE AREA. In the
event DEVELOPER and/or ASSOCIATION sells or otherwise assigns the
property described as Tract �, and the buyer or assignee
assumes ASSOCIATION'S obligations under this agreement , DEVELOPER
and/or ASSOCIATION shall be thereafter released from such obliga-
tions. The DEVELOPER and/or ASSOCIATION shall give written notice
to CITY of any sale or assignment of the subject property thirty
( 30) days prior to said assignment.
9. LANDSCAPE CHANGES
DEVELOPER and/or ASSOCIATION 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 pursuant to this agreement shall be
in writing and deemed served when deposited in the United States
Postal Service , postage prepaid and addressed as follows :
CITY: City Clerk
City of Huntington Beach
P. 0. Box 190
Huntington Beach , CA 92648
ASSOCIATION:
DEVELOPER:
5.
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 first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayo r
ATTEST: APPROVED AS TO FORM:
City Clerk City Morney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City n strator Director of Public WDrks
DEVELOPER: ASSOCIATION:
a a California corporation
By Hy
President
By By
Secretary Secretary
b.
A'TLU
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PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day of
1980, by and between
(hereinafter referred to as "ASSOCIATION') , and the CITY
OF HUNTINGTON BEACH, a political subdivision of the State of California (hereinafter
referred to as "CITY") ,
WHEREAS, in connection with the development of Tract 9580, in Huntington
Beach, California, W and B Builders, Incorporated, (hereinafter referred to as "DEV-
ELOPER") , has dedicated land along Beach Boulevard, Atlanta Avenue and Delaware 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, as a condition of tentative Tract 9580 approval DEVELOPER requested
and was required by'the Planning Commission of CITY to provide landscaping improvements
along Beach Boulevard, Atlanta Avenue and Delaware Avenue in accordance with plans and
specifications submitted by DEVELOPER and approved by the CITY, and
WHEREAS, DEVELOPER has provided for landscape maintenance of a portion of
public right-of-way along Beach Boulevard, Atlanta Avenue and Delaware Avenue (herein-
after referred to as "LANDSCAPED 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 specifi-
cally delineate their respective obligations with respect to the maintenance of the
aforedescribed public right-of-way,
NOW, THEREFORE, in consideration of the foregoing, the parties here agree as
follows:
1. The term of this agreement shall continue so long as the DEVELOPER and/or
ASSOCIATION or its assignee utilizes the LANDSCAPED AREA for landscaping purposes and
so long as the CITY deems it appropriate that the LANDSCAPE AREA remain for landscape
purposes.
2
1 2. For the ten, this agreement the DEVELOPER I/or ASSOCIATION agrees
to maintain the existent improvements of the area shown in Exhibit "A" and designated
thereon as the "area within the agreement", and in good and satisfactory condition.
Maintenance shall include watering, repairing and/or adjusting irrigation systems when
failures occur, fertilizing, cultivating, edging, performing general planting and trim-
ming or other corrective gardening, spraying grass and plants with both insecticides
and herbicides, and generally keeping the landscaped strip in a clean, safe and attrac-
tive 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 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 landscaped area shall be free from weeds,
debris and harmful insects at all times. All such gardening and maintenance practices
so performed shall conform to the Arboricultural and Landscape Standards and Specifi-
cations, Division I, issued by. the CITY Department of Public Works.
3. In the event any damage is caused to the sidewalk, curb, gutter, street
or utilities as a result of the LANDSCAPE material installed and/or maintained of the
LANDSCAPE AREA, DEVELOPER and/or ASSOCIATION agrees to repair same at its own expense.
4. In the event the DEVELOPER and/or the ASSOCIATION do not maintain the
LANDSCAPE AREA in an adequate manner, the CITY shall cause such maintenance to be per-
formed adequately and all costs insured shall be assessed to the DEVELOPER and/or ASSOCIA-
TION in the following years property tax rolls.
S. For the tern of this agreement, DEVELOPER and/or AssociATION 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/or property damage: $300,000
in the aggregate.
a
(2) Additit—al Insured Endorsement:
The insured agrees to name in said public liability insurance policy
as additional insured, 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 Harless Agreement:
The insured agrees to protect, defend, idemnify 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 of any subcontractor arising out
of or in consequence of the performance of all operations covered
by this agreement.
5. ASSOCIATION shall be liable for the obligations set out herein so long as
the CITY deems it appropriate and the DEVELOPER and/or ASSOCIATION utilizes the LANDSCAPED
AREA. In the event the DEVELOPER and/or ASSOCIATION sells or otherwise assigns property
described as Tract 9580 , and the buyer or assignee assumes DEVELOPER and/or ASSOCIATION'S
obligations under this agreement, DEVELOPER and/or ASSOCIATION shall give written notice
to CITY of any assignment of said described property thirty days (30) prior -to said
assignment.
6. The DEVELOPER and/or ASSOCIATION shall make no material change in the
placement of plant material utilized with the LANDSCAPED AREA nor shall the design of
the LANDSCAPED AREA be materially changed without the prior written consent of the CITY.
p
-3-
► CITY OF HUN: ;TON BEACH,
a municipal corporation
By
Mayor
ATTEST:
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Administrator City Attorney
INITIATED AND APPROVED AS TO CONTENT:
Homeowners ASSOCIATION, A CORPORATION
Director of Public Works
DEVELOPER, W. & B. BUIIDERS, INC.
ik,
-4- "
SEE SHEET N' I
EX H I B IT ' A '
PARKWAY MAINTENANCE AGREEMENT
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SHEET 2 OF 2 SHEET.`
Huntington Beach Planning Commission
P.Q. BOX 190 CALIFORNIA 92648
TENTATIVE .TRACT 9580
Applicant : W & B Builders , Inc.
1666 Ninth Street
Santa Monica, California 94004
Request: Conceptual landscaping plan and design for entrance
islands and gating system for a previously approved .
tract located on the southwest corner of Atlanta Avenue
and Beach Boulevard.
Date of
Approval : December 4 , 1979
CW DITIONS OF APPROVAL:
Entrance Islands and Gating System: Approved subject to review
and approval by the Huntington Beach Fire Department.
Conceptual Landscaping Plan: Approved subject to the following :
1 . Upon his concurrence received on December 4 , 1979 , the
developer and/or the future homeowners ' association as they
proportionally hold title to. the property shall be required
to maintain the landscaping within the public right-of-way.
This requirement shall be incorporated into the Conditions ,
Covenants, and Restrictions for the subject tract.
2 . If the developer and/or the homeowners ' association does riot'
adequately maintain the landscaping within the public right-of-
way , the City is authorized . to do so and assess the developer
and/or the homeowners ' association on the following year' s
property tax rolls for the costs incurred thereby. This provision
shall also be incorporated into the project CC&R' s.
I hereby certify that the entrance and gating system and the conceptual
landscaping plan were approved by the Planning Commission of the City
of Huntington Beach, California, on December 4 , 1979 , upon the fore-
going conditions .
Very truly yours,
ames W. Palin, Secretary
:df
F
Huntington Beach Planning Commission
P.O. Box 100 CALIFORNIA 9ZG"
Date:, December 5 , 1979
NOTICE OF ACTION
Applicant: W & B Builders
Subject: Conditional Use Permit No. 76-26 (Revision to Conditions of
Approval)
Your application was acted upon by the Huntington Beach Planning Com-
mission on December 4 , 1979 and your request was:
WITHDRAWN
X APPROVED X (See }below)
APPROVED WITH CONDITIONS (See attached)
DISAPPROVED
CONTINUED UNTIL
Under the provisions of the Huntington Beach Ordinance Code, the action
taken by the Planning Commission is final unless an appeal is filed to
the City Council by you or an interested party. Said appeal must be
in writing and must set forth in detail the action and grounds by and
upon which the applicant or interested party deems himself aggrieved.
Said appeal must' be accompanied by a filing fee of seventy-five ($75 . 00)
dollars and submitted to the City Clerk's office within ten (10) .days
of the date of the Commission' s action.
In your case, the last day for filing an appeal and paying the filing
fee is L December 14 , 1979
Provisions of the Huntington Beach Ordinance Code are such that any
application becomes null ?nd void one (1) ynar after final approval ,
unless actual constructioi, has started.
CONDITION NO. 5 on the original conditions of
o approval for the project shall be modified to delete
Very t r u 1}� yo the requirement for gas stub-ins at water heaters in the
private ownership units only, with the proviso that the
glass used in the solar collector systems shall be the
silver stippled glass as stipulated by the applicant at
Jame s W.. Pali n the hearing.
Secretary
b
HO
4` CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To George Tindall From _Daryl D. Smith
City Engineer Supt. , Parks, Trees & Landscape
Subject Parkway Maintenance Agreement Date March 24, 1980
During discussions with Frank H. Ayres' representatives in preliminary
meetings regarding tentative tract 10248, we discussed the landscape and
wall requirements and specifically those amenities on the perimeter of
the tract and the maintenance responsibilities.
We allowed certain deviations from the typical requirements such as the
wall being built in private land and not in public right of way. We
expressed our concerns regarding the cost of maintaining the amenities
and the need to require the homeowner associations to be responsible for
maintenance and repair since they would receive the most direct and pro-
nounced benefit. Also, we tied the private property landscape areas into
the public right of way landscape areas by design and attempted to alle-
viate costs associated with right of way construction.
The above generally has been accomplished; however, the conditions of
approval do not require the maintenance agreement nor do the conditions
mention that the maintenance by the developer and/or association should
be in the Covenants, Conditions and Restrictions.
I am, therefore, submitting the parkway maintenance agreement for trans-
mittal to the attorney' s office for approval. Also, I am requesting that
the Development Services Dept. attempt to amend the C.C.&R. ' s to mention
the maintenance responsibilites of the developer and/or association, and
that the conditions be amended to cover the above requirements since this
was always the intent of our staff. The C.C.&R. ' s should mention that
,they camot be amended or terminated with respect to our concerns without
prior notice and consent.
DDS: jy
Attach.
CITY OF HUNTINGTON BEACH R► /
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To': George L. Tindall From: Daryl Smith, Superintendent
City Engineer Parks, Tree and Landscape
Subject : TRACTS 9580 and 9671 Date : March 13, 1980
Conditions of Approval, dated December 4, 1979, attached, require incorporation into
the CC/R's the requirement for landscape maintenance of landscape installed in Public-
Right-of-Way in tract 9580.
Also required is the authorization for the City to assess the developer and/or associa-
tion for costs incured whereby the City finds cause to maintain the landscape with City
funds when the developer and/or association are not doing an adequate job of maintenance.
The condition left out., which was discussed at the Planning Commission Meeting when the
landscape plan was approved, is that there was also to be an agreement signed by the
developer, with the City, covering the above conditions and including a Hold Harmless
clause in cases of litigation relevant to the landscape installed in Public-Right-of-Way.
Conditions of Approval for Conditional Use Permit Number 79-18, attached, tract 9671,
condition number 17, requires that the Homeowners Association and property owners shall
enter into an agreement with the City, whereby the Association and property owners agree
to accept responsibility for the landscaping and maintenance of landscape installed in
Public-Right-of-Way. Nothing is mentioned regarding the inclusion of this maintenance
requirement in the CC/R's nor is anything mentioned regarding the City's right to assess
the Homeowners Association and/or property owners for costs incured when the City finds
it necessary to spend City funds to maintain the landscape because the Association and/or
property owners are not doing an adequate job.
As I see it, the Development Services Department must make sure the Conditions, Covenants
and Restrictions for the above subject tracts have the requirements, as mentioned above.
The Public Works Department must prepare and follow through with the appropriate agreement
required. The above is my understanding of the intent of the Planning Commissions action
which was based on the Staff's input into the discussion of these two tracts and a also
the legal requirements which were conveyed by the City Attorneys office.
Both Public Works and Development Services Departments must not allow these tracts to
receive final acceptance by the City until such time as we have signed agreements, public
liability insurance and City approved CC/R's.
I have attached an agreement which I feel will meet the legal obligation of the Developer
and/or Association and protect this City from liability. If you have any questions, please
let me know.
DS:ik
CITY OF HUNTINGTON BEACH''
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH .
To : George L. Tindall From: Daryl Smith, Superintendent
City- Engineer Parks, Tree and Landscape
Subject : TRACTS 9580 and 9671 Date : March 13, 1980
Conditions of Approval, dated December 4, 1979, attached, require incorporation into
the CC/R's the requirement for landscape maintenance of landscape installed in Public-
Right-of-Way in tract 9580.
Also required is the authorization for the City to assess the developer and/or associa-
tion for costs inured whereby the City finds cause to maintain the landscape with City
funds when the developer and/or association are not doing an adequate job of maintenance.
The condition left out, which was discussed at the Planning Commission Meeting when the
landscape plan was approved, is that there was also to be an agreement signed by the
developer, with the City, covering the above conditions and including a Hold Harmless
clause in cases of litigation relevant to the landscape installed in Public-Right-of-Way.
Conditions of Approval for Conditional Use Permit Number 79-18, attached, tract 9671,
condition number 17, requires that the Homeowners Association and property owners shall
enter into an agreement with the City, whereby the Association and property owners agree
to accept responsibility for the landscaping and maintenance of landscape installed in
Public-Right-of-Way. Nothing is mentioned regarding the inclusion of this maintenance
requirement in the CC/R's nor is anything mentioned regarding the City's right to assess
the Homeowners Association and/or property owners for costs incured when the City finds
it necessary to spend City funds to maintain the landscape because the Association and/or
property owners are not doing an adequate job.
As I see it, the Development Services Department must make sure the Conditions, Covenants
and Restrictions for the above subject tracts have the requirements, as mentioned above.
The Public Works Department must prepare and follow through with the appropriate agreement
required. The above is my understanding of the intent of the Planning Commissions action
which was based on the Staff's input into the discussion of these two tracts and a also
the legal requirements which were conveyed by the City Attorneys office.
Both Public Works and Development Services Departments must not allow these tracts to
receive final acceptance by the City until such time as we have signed agreements, public
liability insurance and City approved CC/R's.
I have attached an agreement which I feel will meet the legal obligation of the Developer
and/or Association and protect this City from liability. If you have any questions, please
let me know.
DS:ik