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HomeMy WebLinkAboutHARBOUR-PACIFIC LTD. - WESTCHESTER BAY HOMEOWNERS ASSOCIATION - 1974-06-18PARKWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this IY day of 1974, by and between HARBOUR -PACIFIC LTD., a partner- sh /p(�!ereinafter referred to as "DEVELOPER"), WESTCHESTER BAY HOMEOWNERS ASSOCIATION, a corporation (hereinafter referred to as "ASSOCIATION"), and THE CITY OF HUNTINGTGN 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 Tracts 7850 and 8005 in Huntington Beach, California, DETvELOPER has dedicated land along the southerly stde of Edinger Avenue for right of way purposes, which land is fully set out in the diagram attached hereto and inco,.-porated herein a�. Exhibit "A" and WHEREAS, as a condition of tentative map approval DEVELOPER has agreed with the CITY to provide for landscape maintenance of the southerly eight feet of the Edinger Avenue right of way 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 virtue of covenants, conditions and restric- tions recorded on November 13, 1973, in Book 1098, page 716, of Official Reoords of Orange County, California, the ASSOCIATION is obligated to maintain the aforesaid parkway strip, and 1. WHEREAS, by this agreement, the parties hereto desire to clarify and specifically delineate their respective obiigations with respect to the maintenance of the aforedescribed parkway strip. 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 southerly eight feet of Edinger Avenue of Tract 8005. Such maintenance shall include watering, repairing, and/or adjusting irrigation systems when failures occur, -F'ertilizing, cultivating, edging, performing general planting and trimm4ng or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and generally keeping the landscaped strip 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 harmful insects at all times. All practices shall conform.to the ArborIGultural and Landscape Standards and Specifications, Division I, issued by the City Department of Public Works. 2., J& 2. In the event any damage is caused to the sidewalk, curb, mutter, street or utilities as a result of the failure to properly maintain the landscaped area, DEVELOPER agrees to repair same at its expense. 3. DEVELOPER and ASSOCIATION shall provide insurance and agree to bold CITY harmless as follows: (1) Combined single limit bodily injury and/or Property Damage including Products Liability: $1,000,000 aggregate. (2) 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. (3) 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 con- sequence of the performance of all operations covered by this Agre6,t6nt-.-:-,e ark (4) Any person engaging in any activity determined by ordinance., resolution or the City Administra- tor to subject the City to a possibility of liability shall provide the City with a certifi- cate of insurance on a form approved and provided, by the City. 4. DEVELOPER, CITY AND ASSOCIATION hereby agree that at such time as DEVELOPER has sold the 136th lot in said subdivision, DEVELOPER shall notify ASSOCIATION and CITY in writing thereof, and upon said notice, DEVELOPER'S obligations 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 assignment, 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. (Rest of Page Not Used) N TZ) ZI CO Nil - IN VI,' qX IR, Adbk % 7 R,4 R,, WA Y "A 1A 7A A IC 6 A 6M �y WSNr� 7 A TLote: This rendering is derived from Street Improvement plans, Tracts 7850 and 8005, on file at the City of Huntington Beachr Department of Public Works. Citybf Huntington Beach '147- P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT OYA June 7, 1974 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Parkway Maintenance Agreement Gentlemen: Transmitted herewith is an agreement between the City, Harbour Pacific Ltd., and the Westchester Bay Homeowners Association, calling for the latter two parties to plant and maintain the parkway along Edinger Avenue adjacen'L to Tracts 7850 and 8005. The agreement has been drawn in order to allow the developers and residents of said tracts to landscape the publicly -owned parkway in accordance with their own plans. I recommend that you execute the agreement. Very truly yours, E. artg Director of Public Works HEH:DLC:mc Encl.