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HomeMy WebLinkAboutContinental Development - Mariners Cove West - Mansion and Lusk - 1975-03-17- 4 : SAFEC O INSURANCE 4 I G GENERP ISURANC.;L :)PJic' :fdv' /'„vi Fttr �I I F = FIRST N. JNAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 4333BROOKLYN AVF. N.F., SFA1 rLF. WASHIN iN 4M1Hi) i I HEAD OFFICE FOR CANADA MISSISSAUGA, ONTARIO (Coverage is provided by the company designated by initial, a stock insurance company herein called the componyl Certificate of Insurance The company certifies that the insurance policies indicated below are in effect on the date of this certificate. Name of Insured and Mailing Address (Street, City, State or Province, ZIP or Postal Code) F- L. C. SKULL, A MARRIED MAN AS HIS SEPARATE PROPERTY 178410 SKY PARK BOULEVARD IRVINE, CALIFOR41A 92707 Policy Period: from DECEWER 31, 1974 to_ -_ WTI L CANCELLED ® 12:01 A.M. Noon Standard Time, at the address of the insured For each policy the following schedule indicates the basic type of insurance provided with the limit of the insurer's liability or maxi- mum amount payable for loss. This certificate is only a statement of the existence of the policy or policies of insurance herein referred to and neither affirmatively nor negatively amends, extends or alters the coverage afforded by any policy described herein. Limits of Liability or Amount of Coverage Policy Number Type of Insurance Coverage One Person One Occurrence Aggregate ----- — - Liability Bodily Injury — $ -- $'-- $ SCC 595722 Other Than Automobile Property Damage $ $ Combined Bodily Inlury-- - Property Damage $ 2,000,000 Automobile Liability $ $ - $ -------_---- Combined _-- - -- $ J' Perils Insured Against Coins. % Limit of Liability Property Buildmgts) Insurance Personal Property Business Interruption Location: --- - - -- - -- - ---- ----- -- - - ---- Subject to the terms of the Workmen's Compensation laws of the state in which policy affords coverage. Workmen's Compensation Location of risk covered, or description of automobile or contract covered, or description and location of operations or work covered: 9036-9048; 9062; 9102; AND 9104-9120 ADAMS AVENUE HWTINGTCN BEACH, _CALIFORNIA in the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. Certificate is issued to: Name and Address day prior notice of cancellation to certificate holder has been endorsed to policy No.(s): CITY OF HUM1ITINGTON BEACH Dated at FOWTAIN VALLEY, CALIF. on JANUARY 30,L1975 If an -x- in box - limits of liability have been increased only for operations or work described above. Any statement on reverse side is void. RAN, 0 .AGEN Y, 7-444 F7 By . SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA .{I'0010 A This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: ADDITIONAL INSURED ENDORSEM34T — SECTION 11 LIABILITY / THE INSURED AGREES 1HAT THE CITY OF HWTINGTtN BEACH AND/OR MMSERS OF THE HWTINGTCN BEACH CITY COUNCIL, AND/OR ALL CITY O(XNCI L—APPOINTED GROUPS, COMMITTEES, OONMISSION, BOARDS AND ANY OTHER CITY MNCI L—APPOINTED BODY, AND/OR ELECTIVE E AND APPOINTIVE 01TICERS, SERVANTS OR EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, WHEN ACTING AS SUCH, ARE ADDITIONAL ASSUREDC HEREWDER AS RESPECTS TO THE PREMISES INSUR:D WDER THIS POLICY AND LOCATED AT SOUTHEAST CORNER OF WANOLIA AND AtaANIS, HW TINGTON BEA04, CALI FORM I A. This endorsement endorsement is executed by the company stated in the declarations. / W D 11AMMERSI p, SECRETARY CORDON H. SWEANV, PRESIDENT COMPLETE THE FOLLOWING IF NOT ATTACHED TO POLICY WHEN POLIC Y IS ISSUL D. f.(1VFN UNEARNED III .II W NEW AUDI II{INA1. INSI'RFO ACT O(',LASSR CODE SR/PR (FUII II IIMI PREMIUM II ULL TERMI PREMII/M - FACTOR PHF MI)M PREMIUM EFf ECTIVE Mt fhelrour or AuP sutedwthcsj,,ll I,) S $ S f POLICY OR BOND SI RVICE- NUMBER .—_ __ OFFICE . POLICY MPP ACCT. EXP. DATE NUMBER ENDORSEMENT TYPING NUMBER DATE S SAFFCO INSURANCE COMPANY OF AMERICA G GENERAL INSURANCE COMPANY Of AME RICA ❑ TOTACS R F FIRST NATIONAL INSURANCE COMPANY Of AME RICH /•'"///� (PNI y a Bond is inudd by the cwnpMW dbugnoWd by im1iN) C-31 RI 14173 PRINTED IN U.S.A. PARKWAY MAINTENANCE AGREEMENT 77-1 THIS AGREEMENT is made and entered into this day of , 1977, by and between the CITY OF HUNTINGTON BEACH, a political subdivision of the State of California, (hereinafter called "CITY"), and HUNTINGTON BEACH INDUSTRIAL PARK, a limited partnership, (hereinafter called "DEVELOPER"), with reference to the following facts: WHEREAS, in connection with the development of a portion of land identified as Parcel 1 on a map filed in Book 84, pages 44.and 45 of Parcel Maps in the office of the County Recorder of Orange County, DEVELOPER has dedicated land to CITY along the westerly side of Springdale Street for right-of-way purposes, which dedicated land is more fully set out and described in the diagram attached hereto and incorporated herein ` as Exhibit "A" hereinafter referred to as "the landscaped area;" and DEVELOPER has heretofore constructed upon a portion of the landscaped area certain landscaping and improvements Of (hereinafter referred to as "improvements") which improvements were required by CITY as a condition of the present use of said lot by DEVELOPER; and CITY and DEVELOPER mutually desire that DEVELOPER be allowed to maintain on the landscaped area the existing improve- ments as aforesaid in accordance with good landscaping and JG:cs gardening practice and in conformance with the Arboricultural 1. and Landscape Standards and Specifications of CITY; and by this agreement, the parties hereto desire to clarify and specifically delineate their respective obligations regarding maintenance of the landscaped area, NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. For the term of this agreement, DEVELOPER agrees to maintain the existing improvements of the area shown in Exhibit "A" and designated thereon as the "area within,the agree- ment," in good and satisfactory condition. Maintenance shall include watering, repairing and/or adjusting irrigation system when failures occur, fertilizing, cultivating, edging, general planting and trimming .or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally keeping the landscaped area in a 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 the sidewalk area to obstruct or hinder pedestrians or vehicular 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 2. Standards and Specifications, Division I, issued by the CITY Department of Public Works. 2. In the event any damage is'caused to the sidewalk, curb, gutter, street or utilities as a result of the maintenance of the landscaped area, DEVELOPER agrees to repair same at its expense. 3. For the term of this agreement, DEVELOPER shall provide insurance and agree to hold CITY harmless as follows: (a) Combined single limit bodily injury and/or property damage: $300,000 per occurrence. (b) Additional Insured Endorsement: The insured agrees that CITY rind/or members of the Huntington Beach City Council and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed bodies and/or elective and appointive officers, servants, or employees of CITY,. when acting as such, -are additional assureds hereunder. (c) Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save harmless CITY against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, its employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this agreement. For the purposes of the above paragraphs of this agreement, "insured" shall mean DEVELOPER or its transferee. 4. DEVELOPER shall remain responsible for the obliga- tions set out herein, unless upon transfer of Parcel 1 as shown M e on a map recorded in Book 84, pages 44 and 45 of Parcel Maps in the office of the County Recorder of'Orange County, by DEVELOPER to transferee, the latter assumes said obligations in writing, or unless this agreement is terminated by CITY pursuant to thirty (30) days written notice to DEVELOPER. All responsibilities stated herein shall remain those of DEVELOPER if transferee is not notified in writing by DEVELOPER of the responsibilities set out herein. 5. DEVELOPER shall make no -material change in the placement of plant material utilized within the improvement nor shall the design of the improvement be materially changed without the prior written consent of CITY. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year hereinabove set forth. ATTEST: City Clerk REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH (CITY) By Mayor APPROVED AS TO FORM: City Administrator City Attorn INITIATED AND APPROVED AS TO CONTENT: HUNTINGTON BEACH INDUSTRIAL PARK (DEVELOPER) �I 103, AREA WI`N!^� P;G�Ei;ht�N XNI�IT'�" PMWAY MAIgrt' NAMCc AGE IVMWll NarE; TNI� REf~��41r�G 15 f1cRIVEt7 �KOM P(,Ot �ti"D �,�p;DINO ?t-AID` C%Pl�-Di0,01`I �II,E of t�fE GIfY OF N(��Ni"1;�0fON �i;ACN, tir;PA�i"h1GNi 0� rbl61IC WORK_ ' PARKWAY MAINTENA14CE AGREEMENT i THIS AGREEMENT is made and entered into this day of , 1975, by and between CONTINENTAL DEVELOPMENT OF CALIFORNIA, INCORPORATED, (hereinafter referred to as "DEVELOPER"), MARINERS COVE WEST, INC., a corporation (here- inafter referred to as "ASSOCIATION"), and THE CITY OF HUNTINGTON BEACH, a political subdivision of the State of California (hereinafter referred to as "CITY") with reference to the following facts: WHEREAS, in connection with the development of Tract 7899 in Huntington Beach, California, DEVELOPER has dedicated land along the westerly side of Lochlea Lane 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 map approval DEVELOPER has agreed with the CITY to provide for landscape maintenance of a portion of public -right-of-way along Lochlea Lane in accordance with requirements of the City of Huntington Beach, 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 parkway strips. MHM:er 1' 2/5/75 NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. DEVELOPER agrees to construct and maintain the land- scaping of the area shown in Exhibit "A". Such maintenance shall include 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 strips in a clean, safe and attractive condition. Such gardening w. and landscaping shall take 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 landscape area shall be free from weeds, debris and harm- ful insects at all times. All practices shall conform to the Arboricultural and Landscape Standards and Specifications, Division I, issued by the CITY Department of Public Works. 2. In the event any damage is caused to.the masonry block wall, sidewalk, curb, gutter, street or utilities as a result of the failure to maintain properly the landscaped area, ASSOCIATION agrees to repair same at its expense. 3. ASSOCIATION shall provide insurance and agree to hold 2. CITY harmless as follows: (a) Combined single limit bodily injury and/or Property Damage, including Products Liability: $1,000,000 aggregate. (b) Additional Insured Endorsement: The insured agrees that 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. (c) Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and,save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this Agreement. (d) Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the CITY to a possibility of liability shall provide the CITY with a certificate of insurance on a form approved and provided by the CITY. 16 3• 4. DEVELOPER, CITY and ASSOCIATION hereby agree that at such time as DEVELOPER has sold the 26th lot in said subdivision DEVELOPER shall notify ASSOCIATION and CITY in writing thereof, and upon said notice, DEVELOPER'S obligation hereunder shall ipso facto be assigned to and assumed by ASSOCIATION, it being understood that at such time DEVELOPER will no longer be in control of the membership of said ASSOCIATION. Upon such assign- ment, CITY agrees that DEVELOPER shall be released from any and all of the obligations herein contained and that CITY shall look only to ASSOCIATION for compliance with same, except as to those claims, suits and liabilities arising or deemed to have arisen during DEVELOPER'S term hereunder. 5. The transfer and assignment of obligations set out in paragraph 4 above is valid only if DEVELOPER has met and com- pleted all of the construction and installation responsibilities contemplated by paragraph 1 herein. Unless the landscaping is completed by the DEVELOPER and this is acknowledged in writing by the CITY, DEVELOPER shall continue to be responsible for the obligations provided herein, even though the sale referred to in paragraph 4 above has occurred. IN WITNESS WHEREOF, the parties hereto have executed (Rest of Page Not Used) 4. this agreement on the day and year hereinabove set forth. ATTEST: CITY OF HUNTINGTON BEACH, a municipal corporation By Mayor City Administrator City Attorney CONTINENTAL DEVELOPMENT OF CALIFORNIA, INCORPORATED, a corporation MW MAR COVE ST, INC., a corporation By r B 5• 40�Alov AREA CD(45-,PED BY P.4RX-1W.4Y 0,411V7,4NCE A6GREEMENT oor ) pp,,/Z� -- zl� 90' APO�PDX; -� -7,?vfC" QOUiVDA.PY 4 �' 1 11 GA�LEY D.P/f/E cloeFw 1OJP1.116- City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT March 17, 1975 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Parkway Maintenance Agreement Tract 7899 Gentlemen: Transmitted herewith are two copies of a parkway maintenance agreement which calls for Continental Development and Mariners Cove West, developer and homeowners' association respectively of Tract 7899, to maintain a landscaped area in public right-of-way adjacent to the tract. The agreement ensures maintenance of the plant material at the developer and association's expense and includes insurance and liability protection to the City. I recommend your Honorable Body execute the agreement. Very truly yours, HaWe' Director of Public Works HEH:DLC:mc Encl. City of Huntington Beach P.Q. BOX 190 CALIFORNIA 92646 ENGINEERING DEPARTMENT March 17, 1975 Mariners Cove West, Incorporated c/o Bud Harris P. O. BOX 801 Huntington Beach, Ca., 92648 Gentlemen: I have received the signed copies of the parkway maintenance agreement for Tract 7899. I am advised by the City Attorney's office, however, that the document may not be executed by the City Council until a certificate of insurance verifying the requirements of paragraph 3 of the agreement is received. Your early attention to this matter will be appre- ciated. Please forward the certificate to this office to the attention of Darrel Cohoon. Very truly yours, H. E. Hartge Director of Public Works HEH:DLC:jy PARKWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1975, by and between CONTINENTAL DEVELOPMENT OF CALIFORNIA, INCORPORATED, (hereinafter referred to as "DEVELOPER"), MARINERS COVE WEST, INC., a corporation (here- inafter referred to as "ASSOCIATION"), and THE CITY OF HUNTINGTON BEACH, a political subdivision of the State of California (hereinafter referred to as "CITY") with reference to the following facts: WHEREAS, in connection with the development of Tract 7899 in Huntington Beach, California, DEVELOPER has dedicated land along the westerly side of Lochlea Lane 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 map approval DEVELOPER has agreed with the CITY to provide for landscape maintenance of a portion of public right-of-way along Lochlea Lane in accordance with requirements of the City of Huntington Beach, 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 parkway strips. MHM:er l' 2/5/75 NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. DEVELOPER agrees to construct and maintain the land- scaping of the area shown in Exhibit "A". Such maintenance shall include 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 strips in a clean, safe and attractive condition. Such gardening and landscaping shall take 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 landscape area shall be free from weeds, debris and harm- ful insects at all times. All practices shall conform to the Arboricultural and Landscape Standards and Specifications, Division I. issued by the CITY Department of Public Works. 2. In the event any damage is caused to the masonry block wall, sidewalk, curb, gutter, street or utilities as a result of the failure to maintain properly the landscaped area, ASSOCIATION agrees to repair same at its expense. 3. ASSOCIATION shall provide insurance and agree to hold 2. CITY harmless as follows: (a) Combined single limit bodily injury and/or Property Damage, including Products Liability: $1,000,000 aggregate. (b) Additional Insured Endorsement: The insured agrees that 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. (c) Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this Agreement. (d) Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the CITY to a possibility of liability shall provide the CITY with a certificate of insurance on a form approved and provided by the CITY. 3• 4. DEVELOPER, CITY and ASSOCIATION hereby agree that at such time as DEVELOPER has sold the 26th lot in said subdivision DEVELOPER shall notify ASSOCIATION and CITY in writing thereof, and upon said notice, DEVELOPER'S obligation hereunder shall ipso facto be assigned to and assumed by ASSOCIATION, it being understood that at such time DEVELOPER will no longer be in control of the membership of said ASSOCIATION. Upon such assign- ment, CITY agrees that DEVELOPER shall be released from any and all of the obligations herein contained and that CITY shall look only to ASSOCIATION for compliance with same, except as to those claims, suits and liabilities arising or deemed to have arisen during DEVELOPER'S term hereunder. 5. The transfer and assignment of obligations set out in paragraph 4 above is valid only if DEVELOPER has met and com- pleted all of the construction and installation responsibilities contemplated by paragraph 1 herein. Unless the landscaping is completed by the DEVELOPER and this is acknowledged in writing by the CITY, DEVELOPER shall continue to be responsible for the obligations provided herein, even though the sale referred to in paragraph 4 above has occurred. IN WITNESS WHEREOF, the parties hereto have executed (Rest of Page Not Used) 4. this agreement on the day and year hereinabove set forth. ATTEST: City Clerk CITY OF HUNTINGTON BEACH, a municipal corporation By Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorney CONTINENTAL DEVELOPMENT OF CALIFORNIA, INCORPORATED, a corporation ME MN MARINERS COVE WEST, INC., a corporation M L"M 5• EX11/917- �4 " &O-0/f/ey .. AREA COVE ZP D SY PARkW.41/ MA/rVT.41VCE 1166R6EMENT 90' APPROA- -T-WCT A90UiVOA,PY 4� G.9 2�z" , , CXYW o.PivE �,yKtixsrp �04 p8s y� E4e j.r•. 11111U1, 11r���� 1 BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK JL f-( p kn.+a City oHuntington Huntiton Beaci P.O. BOX 190 CALIFORNIA 92640 OFFICE OF THE CITY CLERK March 31, 1976 1 John D. Lusk & Son P. 0. Box 2140 Newport Beach, CA Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held March 1, 1976 approved a parkway maintenance agreement between Mansion and Lusk and the City for maintenance of landscaping along Palm Avenue. We are enclosing two duly executed copies for your files. Sincerely yours, Alicia.M. Wentworth City Clerk AMW:CB: wm Enclosure: 2 - agreements 1 - insurance copy City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT February 23, 1976 �3 y�J A V �v -'1 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Parkway Maintenance Agreement Tract 6904 - Palm Avenue Dear Council Members: Transmitted herewith are three copies of a parkway maintenance agreement between Mansion -Lusk and the City for maintenance of landscaping along Palm Avenue and a Certifi- cate of Insurance which shows amount of insurance coverage as required by agreement. The agreement ensures maintenance of the plant material at developer's expense and includes insurance and liability, protection to the City. .6 I recommend that your Honorable Body execute the agree- ment and send two (2) certified copies to the Mansion -Lusk partners for their files. Very truly yours, H. E. art Director of Public Works HEH:JWW:mc Encl. AGREEMENT THIS AGREEMENT, dated the 5 k_ day of PFCc' er- 1975, between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a California corporation, and Green Hills Development, Inc., a California corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "City", WITNESSETH: THAT,WHEREAS, Mansion -Lusk is the subdivider and developer of that certain tract within the City of Huntington Beach identified on Tract Map 6904, recorded in Book 270, Pages 23 through 29, Official Records of Orange County, California, and WHEREAS, the approval of Tentative Tract Map No. 6904 on September 16, 1969, by the Planning Commission of City was conditioned on the approval by City of a plan depicting the landscaping along Palm Avenue (erroneously referred to in the September 16, 1969 minutes of Planning Commission as Goldenwest Street) and an agreement for maintenance of landscaping in the areas depicted on the map attached hereto as Exhibit "A", hereinafter called "said landscaped area", and WHEREAS, the parties hereto desire to satisfy the conditions imposed by the City Planning Commission with respect to landscaping and landscaping maintenance for Tract No. 6904, and impose certain additional conditions to ensure that the landscaping currently planned for said landscaped area fits efficiently and aesthetically into the proposed extension of Palm Avenue. NOW, THEREFORE, for and in consideration of the premises and the performance of the covenants, conditions and agreement hereinafter contained, the parties hereto agree as follows: The work pursuant to this Agreement is hereby divided into two portions, hereinafter called "Phase I" and "Phase II". Phase I work is that work in Lots A, B, C, D, E, and F, and the divider strip nose, but excluding the street trees, as specified in the landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled "Huntington Seacliff-City Dedicated Areas - Tract 6904", dated December 10, 1971, with latest revisions dated January 6, 1972, consisting of three sheets numbered L1, L2, and B , and hereinafter called "said landscaping plans". All work under Phase I herein has been completed and accepted by City. Phase II work is that work in said landscaped area which is not implemented, completed and accepted in Phase I, including, but not limited to, installation of landscaping in the divider strip and Lot 6 and installation of an automatic irrigation system to service all of said landscaped area. All work under Phase II herein shall be completed and offered to the City for acceptance upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904, except as otherwise provided herein. All labor, equipment and materials required to implement and complete Phase II work shall be at the sole cost and expense of Mansion -Lusk. All repairs, replacements and alterations of plant and irrigation system materials and maintenance of the two portions of said landscaped area during the terms specified herein for Phase I and Phase II shall also be at the sole cost and expense of Mansion -Lusk. Mansion -Lusk shall -do all things necessary to maintain portions of said landscaped area not accepted for maintenance by City in such a manner that the plant materials grow in a healthy, vigorous and weed -free condition and that said landscaped area has a clean and attractive appearance. Mansioh-Lusk shall be responsible for any damages to Phase I caused by Phase II work. Mansion -Lusk will be liable for all water and electrical billings until Phase II is accepted by City or Mahsion-Lusk's obligations hereunder are otherwise terminated. -2- Mansion -Lusk shall provide liability insurance in the sum of One Million Dollars ($1,000,000) and City shall be named as additional insured. Any and all work pursuant to this Agreement shall be subject to inspection by City and Mansion -Lusk shall complete at its sole cost and expense reasonable corrective action deemed necessary by City through said inspections. This Agreement unless sooner terminated by the mutual consent of the parties hereto shall remain in full force and effect until final acceptance of said landscaped areas by City, which acceptance shall not be unreasonably withheld upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904. In the event Palm Avenue is not widened to include a divider strip as currently contemplated within three years from the date hereof, Mansion-Lusk's obligations hereunder shall cease except for final modifications to the landscaping and irrigation system in Phase II deemed necessary by City for final acceptance. This Agreement shall not be assigned without the prior written consent of City except that in the event the Mansion -Lusk partnership is terminated pursuant to the agreement of the parties to said partnership the obligations hereunder shall be assumed by Mansion Properties, Inc., and Green Hills Development, Inc., shall have no further liability or responsibility hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MANSION-LUSK, a Partnership By: MANSION PROPERTIES, INC. f� By 1BY— John D. Lusk & Son, Successor in Interest to nrrFovEn AS TO FORM:By: GREEN,HILLS DEVELOPMENT, INC. DON P. RONFn _. CILy ttocuey ]BY. 2 CI UNTINGTON BE H eputy cit Attordiq �.(•,L:..C.';%; ll7%lL�c�i 3i, i B7�i �'�sL.• Y •'a7¢ : :3 i, 9 76Mayor City Clerk APPROVED AS TO FORM: -3- TRAC T LOT C ' NORTHERLY HALF OF ULTIMATE DIVIDEQ STRIP TRACT 6304 BOUAJ DARY ULTIMATE' 4 OF PALM AVE. "SAID LANDSCAPED AREA'SHADEp THUSf w w x In 6904 , ,rlLOT D EXHIBIT A,SHEETI OF2,TOTHAT CERTAIN AGREEMENT DATED ) I 7_ BETWEEN MANSION-LUSK AND CITY OF HUNTINGTOM (BEACH, Q T rP'A,._- LOT E fi NORTHPPI Y HALF OF I ULTIMATE DIVIDER ST,'2)P TRACT (.'904 G0U-,;ail RY e 0L-Tf,'-!ATE- j OF PALM AVE. TRACT 6453 ii, Divil"E2 ST'elp Allc5a EXHIBIT /1,SHEET 20F2,70THAT CERTAIM AGRE'EFMEN7 DATED 1191— BETIWEEW MANS!0E1-LUSK AND CITY OF H;JIQTINGTCKI BEACH, Cgrt:L ation�,of Insurance. dated January 24, 1976 . RAL70RN-DR141NAL AND TYIII Ci` COPIES OF �c _ �OMYT'' OF HUNTINGTON S[ACN*f FORM . COMITLETED CERTIFICATE T02 CERTIFICATE OF INSURANCE OF CF�RT IFICAT[ 0/ INfYRANct WILL 9t ACCEPTED. CITY OF NUNTINOTON eEACN TO city Clerk P.O. Sax 190 CITY OF HUNTINGTON BEACH, CALIFOR141A HUNTINGTON BEACH, CALIFORNIA 92648 A MUNICIPAL CORPORATION This is to certify that the policies,pf insurance as described below have been issued to the insured by the under- signed .and are in force at this time. lCthese policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. , Non►o,I Insured 414ansion `- Lusk Addross of Insured P. C• Box 2140 • Newport Beach, California 92.663.. Location of _insured Operations Tract 6904 — Palm Avenue Description of Operations All Operations ZLICIES IN FORCE NUMBER -- 1'` A` -GE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workmen's Compensation Statutory Employers' Liability y $ B. Public Liability: >Rs 'k'a Excess Liab ili Umbrel Policy a ty Bodily Injury: 5 F 000 r 000 . Excess Of Manufacturers and 12895 /10/75 2/10/78 Underlyirsc= U * Contractors ® $ * Each Person Comprehensive General ® $ * Each Accident (Including products completed operations) Property Damage tt* " " " $ w * Each Accident C. Automobile Liability: Bodily Injury " " n $ * Each Person $ * Each Accident Property Daniie Each Accident, mit s Does policy cover: All owrwd.auto ILiRsk ( X ) Yes ( ) No Non-*w'ned autohwbiier " �� ( X ) Yes ( ) No Hired automobiles ( X )Yes' ( ) No s� D. Additional Insured Endorsement:. The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups, committees, cIlimmissions; boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of tf4city of Huntington Beach, when acting as such are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. F. Minimum Limits Required: Combined Single Limit Bodily Injury and/or Property Damage including Products Liability: $1,000,000 combined single limit per occurrence. ee G. Remarks: The special provisions stag .thin thisa a i .nl cancellation. " t• i ted above. Date 14arch 18, 1976 ' COMPANY REP•RESENPATI Name Stonewall . Insurance Co. By IiAaraaC � S 0*ATUR OF AUTNonizED R PR$sENTATIVE Agent 3435 WilshireBlvd. '�• 8. IUETTNER, a CO. , INC. Address Address3325 Wilshire Blvd, Los Angeles, California 90010 City Los Angeles, Calif. Telepbone 386 8221 _ ?k S TO FORM« SiE1) CA �°OM4 A J3ON-- ,.,�..���.... ,... ►t�kfl"`S*IET)i CARRIE ...:�i � City Atorney Deputy Cit4 AtUrn i "rs6doz 0Qrti �aVe 9rf insurance issued and dater' -J4nu , 24, 1976 �.. u,F•�,,yy y '.Iff�R eoRISINAL AND THREE COPI" OF ONLY CITY OF HUNTINGTON eEACHOS FORM COMRLETED`CERTIFICATE TO$ •'5 CERTIFICATE OF INSURANCE OF C TIFICATE Or INSURANCE WILL BE CITY Or H;iNTINOTDN BEACH TO P•g Ijrelerk CITY OF HUNTINGTON BEACH, CALIFORNIA HUNTINGTON BEACH, CALIFORNIA 92646 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- sig4d and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured Mansion — Lusk Address of Insured P. 0. Box 2140, Newport Beach, California 92663 Location of Insured Operations Tract 6904 - Palm Avenue Description of Operations All Operations POLICIES IN FORCE 00-LICY ` NUMBER ATE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workmen's Compensation Statutory Employers' Liability $ B. Public Liability: Bodily Injury: CAG- l/l/75 1/l/78 Manufacturers and ContractorsER 895050 ,50q,000. Eoc~*611(Occurr Comprehensive 1,500,000. General Fil $ A9gr (Including products completed operations) Property Damage N a " $ *r Each/WOPVOccur; C. Automobile Liability: CAG.. Bodily Injury 895050 I/1%iS 1"J1/78 �'1500"000. Each Person $1, 500k.000. EacW#fdAA40v,_ur: Property Damage N " „ $ 100T.000. Eacll/A�W d w(Occur: elice agate; renc(, rE:nc rena,' Does policy cover: All owned automobiles ( x ) Yes ( ) No Non -owned automobiles I (x ) Yes ( ) No Hired automobiles D. A4ititnal Insured Endorsement: The insured agrees that the City of Huntington Beach 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 fire City of Huntington Beach, when acting as such are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnif and save ha . ogaiest loss,. damage or expense by reason of any suits, claims, demands, judgements and rouses of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. . F. Minimum Limits Required: Combined Single _Limit Bodily Injury and/or Property Damage including Products Liability: $1,000,000 combined single limit per occurrence, G. Remarks: The sneaial proyisions stated within 1--him�cartific�at �, A n_ cancellation,.,.,apply, but only as respects "Location of -Insured .Orerzt:.ic-a­ s Date March 10, 1976 COEPANY Name The Ohio Casualty Co. Insurance company Address 2600 E. Nutwood Ave. City Fullerton, Calif. REPRESENUTII E . By Wes te InAkan6 a SIGNATURE OF AUTHORIZED REPRESENTATIVE Agent Address 1010 Spa. Flower Street, L A. , Cali i; . Telephone (2l3 749 dp6R� pAS TO —FOR_ 1L: DON F. BONFA CityAttorney A' a1 Y• '`� Depnty Ci p A9ttorne�" I rs ies cAtivdIate of Insurance issued and dated -faCuUM4 24, 1976 "'REfyRN ORIGINAL AND THREE COPIES OF ONLY CITY OF HUNTINGTON 0EACN-9 FORM Aj COMPLETED CERTIF ICATE TOi CERTIFICATE OF INSURANCE OF CSRTIIICAT[ OF INSURANCE WILL SE ACCE►T[O. '! TY OF HUNTINGTON BEACH TO P.O. Box 190 CITY OF HUNTINGTON BEACH, CALIFORNIA HUNTINGTON BEACH, CALIFORNIA 9264E A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed and are in force at this time.. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured Mansion -- Lusk ,._.Address of Insured P. 4- Box 2140, Newport Beach, California 92663 Location of Insured Operations Tract 6904 — Palm Avenue Description of Operations All Operations POLICIES IN FORCE POLICY NUMBER DATE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workmen's Compensation —20— Statutory 2/1/76 2/1/77 2,000,000. Employers' Liability $ B. Public Liability: * $1,000,000 combined single Bodily Injury: limit per occurrence. Manufacturers and Contractors 0 $ * Each Person Comprehensive General n $ * Each Accident (including products completed operations) , Property Damage $ * Each Accident C. Automobile Liability: Bodily Injury $ * Each Person $ * Each Accident -Property Damage $ * Each Accident Does policy cover: All owned automobiles .,. I ( ) Yes ( ) No Non -owned automobiles ( ) Yes ( ) No Hired automobiles ( ) Yes ( ) No D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach 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 assureds hereunder. E. Hold Harmless Agreement: - 'The insured agrees, to Iprotact, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents or any subcontractor arisinr out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. F. Minimum Limits Required: Combined Single Limit Bodily Injuryand/or Property Damage including Pro6A;s Liability: $1,000,000 combined single limit per occurrence. G. Remarks: The special provisions stated within`=tiair ti+m�R:� 4,na `C'jij6jjIl&tiox><, apply, but only as reapscts` "Location of insu:ad �raticenia" stated above. Date March 18, 1976 CWAW REPRE RMf`AT„ A gonaut ;Insurances Company ' . V" et rn Ingydrance As bciates ame1rLs111�] ,�',�5a'i1q a SIGNATURE OF AUTHORIZED REPRESENTATIVE gent By j b+° rw Address Address 1010 So. Plower St., L. A., C:a . 9001'' Los Angeles, Ca 1213) 749 6111 City Telephone A. ._U_1;_P -A-9 -T5-- ' IEt----- DON P. BONFA^ Oity,4ttorney .�Dota1",t'ty City 1f"'ttorney�'•�.� . . WESTERN INSURANCE ASSOCIATES BROKERS -COUNSELORS -BENEFIT PLAN ADMINISTRATORS 1010 SOUTH FLOWER LOS ANGELES, CALIFORNIA 90015 (213) 749-6111 March 29, 1976 City of Huntington Beach Engineering Department P. O. BOX 190 Huntington Beach, California 92648 Attn: Mr. John Whipple Re: Mansion -Lusk Parkway Maintenance Agreement Tract 6904-Palm Avenue Gentlemen: Enclosed are three certificates of insurance providing evidence of insurance as required under the subject agreement. These certificates supersede and revise in accordance with instructions received from James Georges, City Attorney's office, the certificate issued and filed with your office, dated January 24. We trust you will now find these acceptable, but if you have any questions concerning them or our clients coverage, please call us. Very truly yours, E ERN INSU�UMCE ASSOCIATES Carol Smith cs Encls. cc: Mansion -Lusk Attn: Mr. W. Kent Weathers, Treasurer LOS ANGELES CONTINUOUS SERVICE SINCE 1933 SAN FRANCISCO PASADENA PHOENIX CITY OF Hu1MTINOT041 BEACH INTER -DEPARTMENT COMMUNICATION Two To Alicia Wentworth From James Georges City Clerk Deputy City Attorney Subject Certificate of Insurance for Date March 2; 1976 Mansion -Lusk This office cannot approve as to form the attached certifi- cate of insurance because the policy limits of the two policieS,issued by Ohio Casualty and Stonewall Insurance are patently ambiguous. Stonewall Insurance Company is not authorized to do'business in the state of California and, therefore, must go through a .surplus line broker. California Insurance Code §1764, "surplus line broker" certificate of insurance must be in the name of the surplus line broker and not in the name of the nonadmitted insurer. Insurance Code §700, "No person shall transact any class of insurance business in California without a certificate'of authority." Stonewall Insurance Company does not have a certificate of authority. Insurance Code §17.60.5 stakes that "each placing of insurance in violation of this chapter is a misdemeanor." I had a telephone conversation with Ms. Carol Smith repre-= senting Western Insurance Associates, they are insurance brokers for Ohio Casualty*Company, and I informed her, that I would return this certificate of insurance with the proper notations therein which if issued anew with the,proper informa- tion would be acceptable to the City Attorney's.Offi,ce. The most important item is to note that Ohio Casualty Company Is insuring property damage for both public liability and automobile liability up to $500,000. Stonewall Insurance Company is covering property damage for both public.li8bili.ty and automobile.liability for over $5001,000 to $1,000,000. with regard to bodily injury, the form indicates that both Ohio Casualty and Stonewall Insurance Company are insuring bodily injury for $1,000,000 combined single limit per occurrance. Also of importance is to have the name.of the surplus line broker on the certificate of insurance which represents Stone- wall Insurance Company. The address and phone number of the -2- surplus line broker (Dependable Insurance Company) should also be on the form. E GEORGES eputy City Attorney JG : cs,, Attachment cc: Ms.""Carol Smith Western Insurance Associates 10,,10 S . Flower St. Los'Angeles, CA 90015 a PHEVWN Rl{INAL AND THREE COPIES OF' _ -' s " ONLY CITY OF HUNTINGTON e[ACN•S FOAM COMPLETED CERTIFICATE TO: CERTIFICATE OF INSURANCE - Of CERTIFICATE or INSURANCE WILL BE ' U ACeEPTED. CITY Of HUNTINGTON BEACH ] * TO P.O. Box i{o CITY OF HUNTINGTON BEACH, CALIFORNIA HUNTINGTON BEACH, CALIFORNIA 92616 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below Ikve been issued to the insured by the under- signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured :,'zinsion--Lusk Address of Insured P- U- Box 2140, Iltetmort Beach, Califorida 92663 Locution of Insured Operations Tract 6904 — Palm Avisnue Description of Operations All.OperatiQns POLICIES IN FORCE POLICY NUMBER DAT LIMITS OF L1ABILITY EFFECTIVE EXPIRATION A. Workmen's Compensation f. 6tafalltory,w Employers' Liability 1. 85333 2/1/76 2/1/77 $ 2,000r000. B. Public Liability: * $1,000,000 combined single Bodily Injury: 2• CAG- 1/1/76 ,._i,<k ."limit Pei occurrence. Manufacturers and 39505-0 Contractors ® Cert. 4 $ * Each Person Comprehensive 3 • 12 g 9 6 2/10/7 /10/78 General 0 $ *, Each Accident (Including products completed operations) Property Damage c��r'a $ * E` C'h Accident C. Automobile Liability: Bodily Injury 3 y ��j'� 11d $ * Each Person a...Piroperty D mage 7 �_ * $ Each Accident p+fit- �? 5 �,.. _.. . rim _ I __ VW VJ All owned automobiles ( x) Yes' ) No - Non -owned automobiles - W ( x ) des' ( ) No Hired automobiles T Yes ( "}Na D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach City Council, and/or alley Council appointed groups, committees, commissions,' boards and any other City Council appointed body, and/or elective and a0pointiiie officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder`. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify -and save harmless the City of Husltitigton Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and cauees of'action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. F. Minimum Limits Required: Combined Single Lirnit Bodi,ly_Injpry,and/or Property Damage including Products Liability: $1,000,000 combined single limit per occurrence. _ _ ,.__ ... _i Q.i,, ,�;,�,"/,"-�fi,.�/�.�� ;v �.. l� ti�Clv�rJ'�. AZ t.? aQ14ry fi L t:E�.. '�"4'3:' -."' i"i '_"V � ✓ c"r _»'allT1 P__- _ • x it cita UlAlu �. � #�•, s _ � Pr SI��,Ag'!� ,']Ej��G E9ENT�IT1� fill. i.- Ert�lrlgent�� iN :T e AGREEMENT THIS AGREEMENT, dated the 6_ day of 1975, between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a California corporation, and Green Hills Development, Inc., a California corporation, and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "City", WITNESSETH: THAT WHEREAS, Mansion -Lusk is the subdivider and developer of that certain tract within the City of Huntington Beach identified on Tract Map 6904, recorded in Book 270, Pages 23 through 29, Official Records of Orange County, California, and WHEREAS, the approval of Tentative Tract Map No. 6904 on September 16, 1969, by the Planning Commission of City was conditioned on the approval by City of a plan depicting the landscaping along Palm Avenue (erroneously referred to in the September 16, 1969 minutes of Planning Commission as Goldenwest Street) and an agreement for maintenance of landscaping in the areas depicted on the map attached hereto as Exhibit "A", hereinafter called "said landscaped area", and WHEREAS, the parties hereto desire to satisfy the conditions imposed by the City Planning Commission with respect to landscaping and landscaping maintenance for Tract No. 6904, and impose certain additional conditions to ensure that the landscaping currently planned for said landscaped area fits efficiently and aesthetically into the proposed extension of Palm Avenue. NOW, THEREFORE, for and in consideration of the premises and the performance of the covenants, conditions and agreement hereinafter contained, the parties hereto agree as follows: The work pursuant to this Agreement is hereby divided into two portions, hereinafter called "Phase I" and "Phase II". Phase I work is that work in Lots A, B, C, D, E, and F, and the divider strip nose, but excluding the street trees, as specified in the landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled "Huntington Seacliff-City Dedicated Areas - Tract 690411, dated December 10, 1971, with latest revisions dated January 6, 1972, consisting of three sheets numbered L1, L2, and L3, and hereinafter called "said landscaping plans". All work under Phase I herein has been completed and accepted by City. Phase II work is that work in said landscaped area which is not implemented, completed and accepted in Phase I, including, but not limited to, installation of landscaping in the divider strip and Lot G and installation of an automatic irrigation system to service all of said landscaped area. All work under Phase II herein shall be completed and offered to the City for acceptance upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904, except as otherwise provided herein. All labor, equipment and materials required to implement and complete Phase II work shall be at the sole cost and expense of Mansion -Lusk. All repairs, replacements and alterations of plant and irrigation system materials and maintenance of the two portions of said landscaped area during the terms specified herein for Phase I and Phase II shall also be at the sole cost and expense of Mansion -Lusk. Mansion -Lusk shall do all things necessary to maintain portions of said landscaped area not accepted for maintenance by City in such a manner that the plant materials grow in a healthy, vigorous and weed -free condition and that said landscaped area has a clean and attractive appearance. Mansion -Lusk shall be responsible for any damages to Phase I caused by Phase II work. Mansion -Lusk will be liable for all water and electrical billings until Phase II is accepted by City or Mansion-Lusk's obligations hereunder are otherwise terminated. -2- r Mansion -Lusk shall provide liability insurance in the sum of One Million Dollars ($1,000,000) and City shall be named as additional insured. Any and all work pursuant to this Agreement shall be subject to inspection by City and Mansion -Lusk shall complete at its sole cost and expense reasonable corrective action deemed necessary by City through said inspections. This Agreement unless sooner terminated by the mutual consent of the parties hereto shall remain in full force and effect until final acceptance of said landscaped areas by City, which acceptance shall not be unreasonably withhe 4: upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904. In the event Palm Avenue is not widened to include a divider strip as currently contemplated within three years from the date hereof, Mansion-Lusk's obligations hereunder shall cease except for final modifications to the landscaping and irrigation system in Phase II deemed necessary by City for final acceptance. This Agreement shall not be assigned without the prior written consent of City except that in the event the Mansion -Lusk partnership is terminated pursuant to the agreement of the parties to said partnership the obligations hereunder shall be assumed by Mansion Properties, Inc., and Green Hills Development, Inc., shall have no further liability or responsibility hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: DON P. BONFA City ttorney puty Cit AttVo 67 ATTEST: City Clerk APPROVED AS TO FORM: - 3- MANSION-LUSK, a Partnership By: MANSION PROPERTIES, INC. By 1 By .L _ d/ C /marl. John D. Lusk & Son, Successor in Interest to By: GREEN 'S DEVELOPMENT, INC. B_ .;..�_.. CITY OF HUNTINGTON BEACH By Mayor `A M WESTERN INSURANCE ASSOCIATES BROKERS -COUNSELORS -BENEFIT PLAN ADMINISTRATORS 1010 SOUTH FLOWER LOS ANGELES, CALIFORNIA 90015 (213) 749-6111 February 12, 1976 City of Huntington Beach Engineering Department P:' O. Box 190 Huntington Beach, California 92648 Attn: Mr. John Whipple Re: Mansion -Lusk Parkway Maintenance Agreement Tract 6904•-Palm Avenue Gentlemen: Enclosed is Certificate of Insurance providing evidence of insurance as required by you for subject agreement. We trust that you will find all to be in order. if there are any questions pertaining to our clients coverage or the certificate as completed, please do not hesitate to contact our office. Verytrulyy s, `y'7 S°fRN INS RAMC ASSOCIATES Carol Smith cs Encl. cc: Mansion -Lusk Attention: Mr. W. Kent Weathers,.Treasurer CONTINUOUS SERVICE SINCE 1933 LOS ANGELES SAN FRANCISCO PASADENA PHOENIX i MANSION PROPOMWIES, INC. Ban MANSION AVENUE HUNTING'FON SEACUP CALIF4D1FXNIA OU04LS December 8, 1975 PALM AVENUE LANDSCAPING AGREEMENT - TRACT 6904 City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, California 92648 Aggention: Mr. John Whipple Gentlemen: This is with reference to Mr. H. E. Hartge's letter of August 27, 1975, which transmitted the draft of the subject agreement as approved by the City Attorney's office. Enclosed are 3 copies of the agreement executed by the partners of Mansion -Lusk. When the agreement has been executed by the City, please return two copies for the partnership files. SAY/h Enclosures cc: Mr. D. D. Steffensen J. D. Lusk & Son w/o Very truly yours, S. A., O Presiden City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT December 11, 1975 Mansion Properties, Inc. 333 Mansion Avenue Huntington Beach, California 92648 Attention: S. A. Young Gentlemen: I have received the signed copies of the Parkway Mainte! ance Agreement for Tract 6904-Palm Avenue. I am advised by the City Attorney's office, however, that the document may not be executed by the City Council until a Certificate of Insurance verifying the insurance requirements of the agreement is received. Enclosed is a Certificate of Insurance form which must be filled out by an insurance company authorized to do business in the State of California. Your early attention to this matter will be appreciated. Please forward the certificate to this office to the attention of John Whipple. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. City of Huntington Beach P.O. BOX 190, CALIFORNIA 92648. ENGINEERING DEPARTMENT August 27, 1975 Mansion Properties, Inc. 333 Mansion Avenue Huntington Beach, Ca. 92648 Attention: Mr. S. A. Young, President Subject: Palm Avenue Landscaping Agreement Tract 6904 Gentlemen: Attached please find the draft of the subject landscaping agreement between Mansion -Lusk and the City which calls for the developer to maintain landscaped area along Palm Avenue in Huntington Beach. The proposed agreement is acceptable as to form and content. Please prepare the final document, have it executed by the Mansion -Lusk partners and forward it to John Whipple of this office. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:7y Attach. I'A CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City. Attorney From H. E. Hartge Subject Palm Avenue Date August 18, .1975 Landscaping Agreement Please review attached agreement and return it to John Whipple, of this office with any comments or approval as to form. xar Director o Public Works HER; JWW: me Attach. G o� N�NTINGr AUG 2U 1975 = `�A 770RN�-'_ N I CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Attorney From H. E. Hartge Subject Palm Avenue Landscaping Agreement Date August .18, .1975 Please review attached agreement and return it to. John Whipple of this office with any comments or approval as toform. ge Director of Public Works HER` JWWt me Attach. i/ MANSION PROPERTIES, INC. 080 r=AMM14DN Avffivvs 11iJN3'INCrr40N 33MAC8, CALIFOUNIA 90648 August 13, 1975 Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attention; Mr. H. E. Hartge Director Gentlemen: RECEIVE® DEPT. OF PUSL.IC WORKS 1.1 1975 HUbMNGTON BEACH, CALIF. PALM AVENUE LANDSCAPING AGREEMENT r TRACT 6904 MINTINGTON SEACLIFF Reference is made to Mr. H. E. Hartge's letter of May 2, 1974 which transmitted the proposed subject landscaping agreement as revised by the City. We are enclosing a draft of the agreement further revised to reflect the fact that the Phase I work and the Palm Avenue street improvements have already been accepted by the City. Would you please review the draft and advise if it is acceptable to the City. If it is acceptable, we will prepare the final document, have it executed by the lansion-Lusk partners and forward it to your office for handling. Very truly yours, SS . A. G President llh Enclosure w D R A F T AGREEMENT THIS AGREEMENT, dated the day of , 1975, between MANSION-LUSK, a partnership composed of Mansion Properties, Inc., a California corporation, and Green Hills Development, Inc., a California corporation, hereinafter called "City", WITNESSETH: THAT WHEREAS, Mansion -Lusk is the subdivider and developer of that certain tract within the City of Huntington Beach identified on Tract Map 69o4, recorded in Book 270, Pages 23 through 29, Official Records of Orange County, California, and WHEREAS, the approval of Tentative Tract Map No. 6904 on September 16, 1969, by the Planning Commission of City was conditioned on the approval by City of a plan depicting the landscaping along Palm Avenue (erroneously referred to in the September 16, 1969 minutes of Planning Commission as Goldenwest Street) and an agreement for maintenance of landscaping in the areas depicted on the map attached hereto as Exhibit "A", hereinafter called "said landscaped area", and " WHEREAS, the parties hereto desire to satisfy the conditions imposed by the City Planning Commission with respect to landscaping and landscaping maintenance for Tract No. 6904, and impose certain additional conditions to ensure that the landscaping currently planned for said landscaped area fits efficiently and aesthetically into the proposed extension of Palm Avenue. NOW, THEREFORE, for and in consideration of the premises and the performance of the covenants, conditions and agreement hereinafter contained, the.parties hereto agree as follows: The work pursuant to this Agreement is hereby divided into two portions, hereinafter called "Phase I" and Phase II". Phase I work.is that work in Lots A, B, C, D, E, and F, and the divider strip nose, but excluding the street trees, as specified in the landscaping plans prepared by Patrick/Begin-Landscape Architecture entitled "Huntington Seacliff-City Dedicated Areas - Tract 6904", dated December 10, 1971, with latest revisions dated .January 6, 1972, consisting of three sheets � numbered Ll, L2, and Q, and hereinafter called "said landscaping plans". All work under Phase I herein has been completed and accepted by City. Phase II work is that work in said landscaped area which is not implemented, completed and accepted in Phase I, including, but not limited to, installation of landscaping in the divider strip and Lot G and installation of an automatic irrigation system to service all of said landscaped area. All work under Phase II herein shall be completed and offered to the City for acceptance upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904, except as otherwise provided herein. All labor, equipment and materials required to implement and complete Phase II work shall be at the sole cost and expense of Mansion -Lusk. All repairs, replacements and alterations of plant and irrigation system materials and maintenance of the two portions of said landscaped area during the terms specified herein for Phase I and Phase II shall also be at the sole cost and expense of Mansion -Lusk. If Mansion• -Lusk shall do all things necessary to maintain portions of said landscaped area not accepted for maintenance by City in such a manner that' the plant materials grow in a healthy, virorous and weed -free condition and that said landscaped area has a clean and attractive appearance. Mansion -Lusk shall be responsible for any damages to Phase I caused by Phase II work. Mansion -Lusk will be liable for all water and electrical billings until Phase II is accepted by City or Mansion-Lusk's obligations hereunder are other - vise terminated. Mansion• -Lusk shall provide liability insurance in the sum of One Million Dollars {$1,000,0001 and City shall be named as additional insured. Any and all work pursuant to this Agreement shall be subject to 2. inspection by City and Mansion -Lusk shall complete at its sole cost and expense reasonable corrective action deemed necessary by City through said inspections. This Agreement unless sooner terminated by the mutual consent of the parties hereto shall remain in full force and effect until final acceptance of said landscaped areas by City, which acceptance shall not be unreasonably • withheld upon completion of Palm Avenue to its planned ultimate width with divider strip in the area of Tract 6904. In the event Palm Avenue is not widened to include a divider strip as currently contemplated within three years from the date hereof, Mansion.-Lusk's obligations hereunder shall cease except for final modifications to the landscaping and irrigation system in Phase II deemed necessary by City for final acceptance. This Agreement shall not be assigned wLthout the prior written consent of City except that in the event the Mansion -Lusk partnership is terminated pursuant to the agreement of the parties to said partnership the obligations hereunder shall be assumed by Mansion Properties, Inc., and Green Hills Development, Inc., shall have no further liability or responsibility hereunder. .• ATTEST; IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City Clerk APPROVED AS TO FORM: City Attorney MANSION--LUSK, a Partnership By: MANSION PROPERTIES, INC. By By John D. Lusk b Son, Successor in Interest to By; GREEN HILLS DEVELOPMENT, INC. BY ' BY CITY OF HUNTINGTON BEACH By Mayor 31 NORTHERLY HALF of - - ULTIMATfi DIViDEQ STRIP ` TRACT 6904 BOON ©ARY ULTIMATE t OF PALM AV9, "SAID LANDSCAPED AREA" SHACKED THUS: I CT 6904 P-P--NM■ EXHIBIT A,SHEET I OF 2,TO THAT CERTAIN AGREEMENT DATED ) Ig-7T SETWEEN MANSION-LUSK AND CITY OF HUNTINGTOM BEACH, W (, X M 2 o TRA"'- 1 6904 w 2 _-- a P 1~ M v i p ULI IMHTE UIVIL) K SrRIN TRACT 4904 GOONDARY ' UL71Nl ATE , OF PALM AVE. "MID LANDSCAPED AkEA" SHADED THUS, IM N TRACT 6453 EX DIVIDER STRIP N05e EXH151T A, SHEET ROF 2) TD THAT CERTAIN AGREEMENT DATED ) 191— BETWEEN MANSIOA- LUSK AND CITY OF HVNTINGTOW BEACH,