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HomeMy WebLinkAboutLa Cuesta Community Association - 1980-11-030 City oHuntington Huntiton Beach P.O. ®OX 100 CALIFORNIA 92M OFFICE OF THE CITY CLERK January 19, 1981 La Cuesta Community Assn. Mr. Frank Ayres & Son P. 0. Box A Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, November 3, 1980 approved the Parkway Maintenance Agreement between the City and La Cuesta Community Assn./La Cuesta Tract 7596, for Tract 10248. Enclosed is a duly executed copy of the agreement for your files. Alicia M. Wentworth City Clerk AMW:CB: cd Enclosure cc: Don Noble - DPW CWM:ps 6/24/80 PARKWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 44441 day of 1980, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and LA CUESTA COMMUNITY ASSOCIATION a California corporaton, hereinafter referred to as "ASSOCIATION" and LA CUESTA TRACT 7596 , a hereinafter referred to as "DEVELOPER". R E C I T A L S a limited partnership s WHEREAS, in connection with the development of Tract 10248 , in Huntington Beach, California, DEVELOPER has dedicated land Atlanta Avenue, Beach along Blvd. and Delaware St. , 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 10248 , DEVELOPER was required by the Planning Commission of CITY to pro - Atlanta Avenue, Beach Blvd. vide landscaping improvements along and Delaware Street in accordance with plans and specifications submitted to and approved by CITY; and DEVELOPER has provided for landscape maintenance of a poi- Atlanta Avenue, Beach Blvd. and of public right-of-way along Delaware Street 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 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 DEMOPER 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, utilises 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, fertilising, 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 hereo'; CITY shall give written notice of such failure to both ASSOCIAr''ON 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 utilises the LANDSCAPE. AREA. In the event DEVELOPER and/or ASSOCIATION sells or otherwise assigns the property described as Tract 10248 , and the buyer or assignee assumes ASSOCIATION'S obligations under this agreement, DEVELOPER and/or A330CIATION 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 CHANGIES 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: LA CUESTA COMMUNITY ASSOCIATION DEVELOPER: LA CUESTA TRACT 7596 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. A 2'TEST : y Clerk REVIEWED AND APPROVED: a4o"ttg � aA.6�O-P' City A mini rator DEVELOPER: LA CUESTA TRACT 7596 a �r11ri ted Partnersh i a i" Donald B. Ayres,/Jr. Authorized Agent By CITY OF HUNTINGTON BEACH, a municipal corporation APPROVED AS TO FORM: y Attorney INITIATED AND APPR rector or rubllc worxs ASSOCIATION: LA CUESTA COMMUNITY ASSOCIATION a caiirornia corporation By --WP96aident Renfro C. Newcomb By Al Secretary Jexv l L. Kirkpatrick 6. EXHIBIT A ,7z PARKWAY MAINTENANCE AGREEMENT sEE stiEEr 2 � � Y Q h Q h carea�ac� I Q ogp A. - z: 5EE PARKWAY A4A1,V7;9 tAA.10E AVaW,E/1/fE/�iT . !..7f/YS /Jr� •1 iv/Nca oF,K �7fzEET 5PeC4GIC CO1VD/T/4O/V5 AGREF_D UF�DsV DY x 70 fsE /1-141N7EI iVEG BY iiNPRC��/EN/E VT f �/vr✓ - j h;4G , 455C�c'/flT1UN AND/oGi �t vELDi�,�: OWNERS A550Y/*471O1v /SfO. >O2¢8- THE G/TYz i- A1111VT1NGiON A:251—ARTMENT--- EXHIBIT "1A'" PARKWAY MAINTENANCE AGREEMENT GURb fAGE ATGA/VT.4 AVE AV PAwffwgy n,J,9.NrEiVANI� / MI vRfJ t/�M�NT PLANS - r7PAC?' AdoREEM--N7- --ZR (-OIV - /0046-'ON trl,4 w TtfE G/rr Q< ZWrWh/�a AG'/lE�"D vPDrtl tSY HU,-vTin1G�'ON g�•r9Gt�, D��RfP7 � .Q.�Or:i.9ricic,.�ivl��vH DEt%� __ GUI PAGE Ayle. q r' y� f A,�S) : �U t MPA A9 8.eA"IN- U TA/NEb 8Y JVOA4,F UW�1/�--,orS A550emrzeN. EXHIBIT ��A� PARKWAY MAINTENANCE AGREEMENT ti V4 96 ArLAIVrA le NOTE; DR4wlm� P" Srfl&:e7- /",Er,V;- -4AV5 -- 7-1rAC7-'1W 147X48- f91V 11--14& //V r'lle clry 01= RUIVIr- aE,9--H E "eff W,' M,411V7-1:-1VAVC AG IV7- SPECt SIG CO1'1- Arl:6-4 /V 04- e y HawE A5501'14 770A"- t m W i EXHIBIT 11A1 PARKWAY MAINTENANCE Is AGREEMENT Oo� �rP��r p 01 ,06Z A PVA1llr.& Nei r�: ._ . `f:'-= !-'A�'KE'1 i�j ,� IA/i'✓r�n/.;�NC:C �CrN�'FM�,'�/T � �v �, f� 6dK6 /-,dGE FOfT >'�EC/F/G: GONp/7'IONS aGl�BEp unnN Bj' g55oc1q- Yion� aNpj 0�'� DEVFLOf't-R. Hf7l" 7_C eE N7.411vl REQUEST FOR CITY COUNCIL ACTION �N Submitted by Paul E. Cook-t Department Public Works Date Prepared October 23 , 19 80 Backup Material Attached ® Yet No Subject Parkway Maintenance Agreement - Tract 10248 (La Cuesta Community Association/La Cuesta Tract 7596) City Administrator's Comments BY CITY COUNCIL Approve Ias Recoma=dl -� _ 10 " o C1TY CLi%Ki+ Statement of Imue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: The developer an or homeowners association of Tract 10248 have agreed to provide and maintain a portion of public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Recommendation: Approve the Parkway Maintenance Agreement,between the City of Huntington Beach and La Cuesta Community Association/La Cuesta Tract 7596,for Tract 10248. Analysis: In designing and constructing the perimeter landscaping for Tract 10248, the developer was permitted to build the arterial perimeter walls on private rather than public property and combine onsite landscaping with that in the public right-of-way. In return, the developer (La Cuesta Tract 7596) and/or the homeowners association (La Cuesta Community Association) agreed to pro- vide and maintain a portion of the public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Funding Source: N A Alternative Action: Deny approval of the Agreement as written. PEC:DRN:jy ►w We �,S Rana "ago *r" WOO to' ..0"Wow" ewtaiate fie:CERTIFICATEOFt M., bl*InW - Oriekwfing DW. NSURANCE or NEavel yonow — Risk hurme4w Gwy At"W"y Pink — CitV Clak Gam —City P. O. "a 1110 CITY Of HUNTINGTON BEACH, CALIFORNIA oc Nuwdmomm- oh,CaafarrrafRkat A MUNICIPAL CORPORATION This b to awWv *40 to PON" of IrWAWW as described bal, a have boon inuall to ON inmf*d by the under- hand WW we 10 force at 0* lim. If do" POW" an GWAWW or I - " in kWh a manner that Will ~ this cardfWaft, the Inumence comMany ay m to of" 30 do" prior mittee no". by WAR, to City of Huntington Beach, P. O. Box 190, Hvrdw4tm Such, California tam mmoof hwund—AALANWta Tracit- 75,96, -a qa—lifCamia LiWited PEtrtnm:sl',-,io Asid"gthievroo, -14951 ft2Mw&t - Drawer "A" Huntington Eitiat,h, e,; Lomma of kmww Opermitions Traat 10248 Dendporefope,a""Parkway Maintenance Agreement POLICY nATS III FMC4 LWTl OF LIABILITY A. Workm compon"00W., Employers' B. Public; UW~ X"• $MAN mmbkad Woos "my. toorr. 3058829 6/1/79 6/1^2 Mmk Par Onearrs"L Memidachm" mall cc-bamn 13 OFWMOW*l Each Acakfad Each Aoddent C. Automobile Ualmlifty: 860Y Wary III • Each Person tab Aimoklent Property Dow" $ Each Accident Dora Posey now: AN OWN611 041110100bilm NOW-010WHI WAS404*1148 Wail owlenembilla D. Additional bmIred Somilormama: (Plame , , a imma a" )Ves - t ) Na Yen No Yea No The lower apnea that the City of HumthVion Bach and Ift City Council, MdAm all City Qmm* appolMmil vot". 'm I matt 1, . W . hoods and ony other City OvAtell appollammil be*. armi/ar aleadea and appohM"'offloam 001000fift Of Onl060 Of *9 MY Of Hwj*%*M Beach, VA" nafte as auk we add dwW bawak hamimmWer, for the Oft of the kwAved, OW am& immanence shall be printery to any immuranos of to City of Hwwkqtm Baadc. E. Hold Harmlem; Agrawmaxt: By kwA*W: IV 44 J (UE STA TRAY'J" The WmwW agroot to Prosoct d~. hWemmitV and — harobas the t9ty Of Huntington 6weh err tgdna iron, dam"m or skWom by town of my mks, daimme. danands. judgments &W caws of action GWAW by indured, his OMPIPYO*k even" or any vaboantraclor'or by any Iftird party eking out of or in vomwisom of du Performance of all or any operations owered by dam oertiflanta of limmonvemm. La Cuosta �r 00 FW I- F- P**Wk"' is an addi lonal, insured un-der put icy d :we .. _ t -- 11 mb9wn AIL HtAlXON Attorney iarEq "fin wl�.rapea,o or offindiflan of Will 0 A certificate or v*rNicaftn at k"WOMS WAV rss BKTc **AlaZin! Z8M#, * MW"M WA, kWWW &W 0 n ditlens of �-p oftiaZ, Oam 11-7-00 AUTHORIZED REPRESENYATIVE [HWAANCII ~Ally' AW TIV Rp asr"t�mMourft C r 'Cr Nam r4rommil a MIA Inswmace 05.tlen C Addreo. 1 1950 3.471th Street A#**i*7..71 S. Anqeles, CFS. qQo,t!--, City Santa Anti€Calif# 92702 Telephone (2-13) 776-21soh City of Huntington Beach P.O. OQX 190 CALWORNIA SU" OFFICE OF THE CITY CLERK Novwber 5, 19W La Cuesta Community Assn: Mr. Frank Ayres B Son P. 0. Box A Huntington Beach, California 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, November 3, 1980 approved the Parkway Maintenance Agremient between the City and La Cuesta Cowaunity Assn/La Cuosta Tract 7596, for Tract 10248. The Department of Public Works has provided you with a Certificate of Insurance forts. When this form is returned to the Office of the City Clerk, we will forward a duly executed copy to you for your files. Alicia M. Wentworth City Clerk AMW:js cc: Don Noble - DPW Enclosure REQUE� T FOR ..CITY COUNCIL ACTION c,. 1 Submitted by Paul E. Cook 'kC C Department Public Works - 'Date Prepared October 23 19 80 Backup Material Attached ® Yes No Subject Parkway Maintenance Agreement - Tract 10248 (La Cuesta Community Association/La Cuesta Tract 7596) City Administrator's Comments wpp p BY CITY COUNCIL Approve las Recomq► ,CITY Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: The developer an or homeowners association of Tract 10248 have agreed to provide and maintain a portion of public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Recommendation: Approve the Parkway Maintenance Agreement,between the City of Huntington Beach and La Cuesta Community Association/La Cuesta Tract 7596,for Tract 10248. Analysis: In designing and constructing the perimeter landscaping for Tract 10248, the developer was permitted to build the arterial perimeter walls on private rather than public property and combine onsite landscaping with that in the public right-of-way. In return, the developer (La Cuesta Tract 7596) and/or the homeowners association (La Cuesta Community Association) agreed to pro- vide and maintain a portion of the public landscaping along Atlanta Avenue, Beach Blvd., and Delaware Street. Funding Source: N/A Alternative Action: Deny approval of the Agreement as written. PEC:DRN:jy Flo 1"M rWM:ps 6/214/80 PARKWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 17th day of October , 1980, by and between the CITY OF HUNTIN07ON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY". and LA CUESTA COMMUNiTY.ASSOC1AT10N a California oorporaton, hereinafter referred to as "ASSOCIATION" and LA CUESTA TRACT 7596 . , a a limited partnership P hereinafter referred to as "DEVELOPER". R B C Y T A L S WHEREAS, in connection with the development of Tract 10248 , in Huntington Beach, California, DEVELOPER has dedicated land Atlanta Avenue, Beach along Blvd. and Delaware St., 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 10248 , DEVELOPER was required by the Planning Commission of CITY to pro - Atlanta Avenue, Beach Blvd. vide landscaping improvements along and Delaware Street , in accordance with plans and specifications submitted to and approved by CITY; and DEVELOPER has provided for landscape maintenance of a porr' Atlanta Avenue, Beach Blvd. and of public right-of-way along Delaware Street hereinafter referred to as "LANDSCAPE AREA", which area is set jut 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 1. of the LANDSCAPE AREA. l���+�.wr- xa.a•� � 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, utilises 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- ticer, 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 now or spray across or onto the right-of-way from the edge of the sidewalk to the center of the street. The LANDSCAPE ARE, .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 14AINTAIN Should ASSOCIATION fail to maintain the LANDSCAPE AREA in a satisfactory condition, as described in paragraph 3 hereo' , CITY shall give written notice of such failure to both ASSOCIATION and DEVELOPER. Should any failure not be corrected within thirt; (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. INSORANCR ASSOCIATION shall obtain a policy of comprehensive bodily injury and property damage liability insurance, and maintain such policy in offset 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 nave, as additional assured, CITY and its officers and employee*, while acting withian 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 lose, including any deaths arising out of or connected with the performance of this agreement. ASSOCIATION shall furnish CITY a certificate of inaur- 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. INDMIFICATION, 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. B. SALE OR ASSIGNMENT __­ _..._..DXV"PER 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 utilises the LANDSCAPE AREA. In the event ANVELOPIM and/or ASSOCIATION sells or otherwise assigns the property described as Tract 10248_, 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 CHANO33 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. NO T,I 'f 3 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: LA CUESTA COMMUNITY ASSOCIATION DEVELOPER: LA CUESTA TRACT 7596 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. ATTEST: CIty Clerk REVIEWED AND APPROVED: DEVELOPER: LA CUESTA TRACT 7596 a 1, Ited Partnershi L Donald B. Ayres Jr. Authorized Age By - - — 0 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor APPROVED AS TO FORM: INITIATED AND AP ASSOCIATION: LA CUESTA COMMUNITY ASSOCIATION a Callrornia corporation ey Pv6sident Renfro C. Newcomb j By Secretary 1 L. Kirkpatrick b. SEE SNEET 2 0 EXHIBIT 'A' PARKWAY MAINTENANCE AGREEMENT (o IV � ,BEACH �C f GUR.d PAGE Q V t � i NOTE 2. SEE PAgKl-l1AY MAlAlTE.t1AAJCE 46A46E/1//ENT �G.• SPEGF/G CONQ/T/DNS AGREE/, UPON BY '^"• a`%4 :T : : IV-24 W -, � .'.'E,: .gY' �>f"iC, . !En c .ti'l Dili; , ",,:1C ; �:,50c:/AT,'ON AN"D�C.'r 1?� ✓EL ,::cF �. H�^,1 0WAI 95 A>�: G;:r77Z v' A/0. 1,-tie48- �:/it/7/wvTC �' f'•cACf/, f.>�,",dRTit/iENT" Ors"- ��✓�.:.,.�. . ;,'l>RK` EkH181T"A" PARKWAY MAINTENANCE -AGREEMENT -47"4AAtrA t4 ' 17 47,77=4 zlzzzzzzzJ - 41 __t_A7'4-4A'7A' AVE. �'4 .4 Clm%o 14WA" --Avle. - M-16, ONloar as. 0 A,Te,4 A9 r4m&4 .3r bnme - OWV--A---, 45:541C147-14-14 �1� EXHIBIT "A' PARKWAY MAINTENANCE AGREEMENT 5EE Sh/i�ET 4 V h Y7 1/7 Ave t� f ((jJ1 NC77E� l (� nr%ENT Pl.�4N5 TRALT Iva lax - e�N F/,L iIV rlAff Clrr Dw f{UNT lNGTQN 4%61 +Gh; DEo,9R-rMICN CF PllBLl4: WQ.q!•fS. • . Q. SF_- E P.�R�fW�i' MA• NTF_ iY.4NGE � Aa��L4FA?ENS" �6'/T SPE�I�IG GOiV- � D/r/ONS SY ASSO- U G/AT/A/�( ANl►�Ofl L?Ed��Llli'ER. (t� 43 Y H-1 G Crit :: c5v?5 7 d f EXHIBIT "A' PARKWAY MAINTENANCE AGREEMENT .,o -160 OA4 A if/AA 4 ti Of llq od, Z q, Aw.- Aw- 41 i W.fri 7-,;IV.Fe' fir Return original and three copies of cgmpleted certificate to: City of Huntington Beach Dept, Engineering P. O. Box 190 Huntington Beach, California 92648 CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION Distribution: Original - Originating Dept. After Approval Yellow — Risk Manager By City Attorney Pink — City Clerk Gold — City Attorney 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 mariner 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 La Cuesta Tract 7596, a California Limited Partnership Address of Insured 20951 Brookhurst - Drawer "A" Huntington Beach, Calif. 92648 Location of Insured Operations Tract 10248 Description of operations Parkway Maintenance Agreement POLICIES IN FORCE POLICY NUMBER D TE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workers Compensation Statutory Employers' Liability $ B. Public Liability: MXP * $300,000 combined single 305882 6/1/79 6/1/82 limit per occurrence. Bodily Injury: Manufacturers and Contractors $ * Each Person Comprehensive General © $ * 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 Non -owned automobiles Hired automobiles D. Additional Insured Endorsement: (Please check at least one) ( ) Yes l 1 No (x1Yes ( ►No ( ) Yes ( 1 No The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, vv�tzi_acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach. E. Hold Harmless Agreement: By Insured: /� LA CUESTA TRA�ess ig The insured agrees to protect, defend, indemnify and save har 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 or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. � 13011 u�1A6!_ - -- �..�.. rr-rrawv'rrrr� F. Remarks: La Cuesta �o..N4 XK9& 1X)fi 1 APPROVED AS TO FORM: is an additional insured under policy above GAILHUTTON shown . City Attorney Not withstanding any requirement, term, or condtion of any contract or other deedment With respgnj to whirh thic rnrtifinatt, or varificatien of insurance may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exckw:Qly,rf-u,e By: Deputy City Attorney Date 11-7-80 AUTHORIZED URUSEN ATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Signatur f Authoriied presentative/Agent Name Fireman' s Fund Insurance Cosa W gner Pedersen Address 1950 E. 17th Street Address7571 S. Sepulveda,Los Angeles, Ca. 90045 City Santa Ana, Calif. 92702 Telephone (213) 776-2101 City O P.O. Box Ito ENGINEERING IBUPARMIAZNZ ` LETTER OF TRANS1411TAL To: Mr. Bob Jahn Ayres Development 20951 Brookhurst St. Huntington Beach, CA 92646 Gentlemen: We are sending Date: October 29, 1980 Projacc: Certificate of ,Ins. ® herewith ❑under separate cC',;_: ❑ per your request ❑ per the request of ❑ street improvement plans ❑ correspai&.nce D parcel map ❑sstimsites ❑ record map [)legal description-, ❑ contract documents ❑ grading pinn ® Certificate of Ins, For: (:)Corrections ❑ Your file ❑ Approval Q Your use ❑Distribution ❑Your irformtior. 4 Remarks: In conjunction with the Parkway Maintenance Agreement for _Tract 10248 this Certificate of Insurance must be comp2etec ASAP and returned to my attention. By: Don Noble, Engineering Planner cc: CITY OF HUNTINGTON BEACH 2000 MAIN STREET Paul E. Cook Director vdodr-- INs June 30, 1980 "t) N D 'Tk- cw Mr. Frank H. Ayres and Son P.0.Box A Huntington Beach, California 92648 Gentlemen: P. O. BOX 190 CALIFORNIA 92648 V l� l ira, 6 moo Re: Parkway Maintenance Agreement for Tract 10248 Public Works Department (714) 536-5431 In accordance with the conditions of approval for Tract 10248, the homeowners association and the developer are required to enter into a Parkway Maintenance Agreement with the City of Huntington Beach. The agreement stipulates that landscaping along Atlanta Avenue, Beach Boulevard and Delware Street as shown on Exhibit A, will be maintained by the association and the developer. Enclosed for review and approval is the Parkway Maintenance Agreement for Tract 10248. If you concur with the document, please type in the association's title and execute the required jurat signatures. Should you hav y questions or concerns regarding this matter, please contact me in the Public rks office at 536-5431. Very truly yours, j ! 1 �- U-�� �\,� -- Don Noble Engineering Planner DN:dp Enclosure n 4 b V�� ti ! 10_ /T � Ploppd ,+ 7, t, 13 t, /S Z> SEE SHEET 2 Q k� EXHIBIT 11A1 PARKWAY MAINTENANCE AGREEMENT INO ��Q? Id %ti' I - � ,BEACH W�f v NCI� .BEACH _ AeEA 70 BE /NT9/NED BY ® MA HOME OWNERS 955061477/O1V CaeaI-AC-d G!/RB PACE NOTE: Z. SEE 0g1rKWAY A-fA1 l/TEA(4AJCE 4aWEE1vjENT FOA7 /. Tf1/.5 1--2K4W/NG P4)K 57REET SPECIFIC CO1VD/T/O1V5 ACrflEED UPON 46r /MPRpriEMENT /-1-AN5; -79- AOT A550G/f/TIOAI ANDIOW �EVELeOPEq. NO. 11111MNOMN 15F,4CH, ,OEi"ARTit9ENT OF Pt:OlAhe `I/ORKS. SCALE: 1�=l10� SHEET 1 OF 4 EXHIBIT "A"I PARKWAY MAINTENANCE AGREEMENT es3 fAGE ATLANTA N mg N-4 W G!/RIS fAGE41 j A7-z.4NTA AVE. Q� NOTE= 1 THl.S Dq,-9W1Ak-- PELT S7-REET 2- 5EE F1-1R k'W,9Y !►9A!/ 17-",ANG E /N/PROlYEM6"NT P-Z-4A/5-7G7A07- AGREEMENT AiZq COW- /O046 -Oi1l ,1=-1LE !N THE GITV OF V) DV V BY HUNT/NGTON Bi5AGH/ DEPART = A550G/9T/ON 4lv4laq DEI�-e - ME/VT OP PUBLlG WOgK. GOPEL�• GUR6 fAGE _ AVM. _ SE_E syEET ?_ A,Te4 'TO BE'M,41N- T,4/Nr=p BY HOME l9NLiV�"R5 .i9 SSOCLATIOiIl. EXHIBIT 1�A1 PARKWAY MAINTENANCE AGREEMENT SEE ArL,a nirR NOi E- - /. THIS DRAW/NG /MPROV4/ - MEiVT P1-A1V5 - Tq�lGT ON F/L� /N THC CITY O," HUNT- - /NGTON l3Ef�GH, D�of�R T MENT � OF PUBG !G H/OgdfS. Q. SEE PARyfI�Yh'Y MA/NTE/V IVC gCiAEEMENT �OPt SF'BC /�/G co/y- 8Y,-9SSO- 51.4710AI ANbdR � ?j �9R6A TO BE MA/NTA/Nj1� D �/// - �Y H4ME OWNEAS As506147'IOiV. Sf/�T 3 o� 4 I 1 EXHIBIT 11 A1 PARKWAY MAINTENANCE. I, AGREEMENT i o4�h�� DEG ,4 WAS vI N Q 8 Nr V 11P� Q VI ' N017F-: I..rkfl,s DRAWIA16, PElf 5r8Yea7�1z1-A?OV -- 1FA- PLANS 7W,4.7IVO. 1,50e - ON 2- 111V711V57-aA1. O.A= VVO,17W5. 2. -!--A14N6,5 4EA1 7- 5�-,5 P4,TA'WA Y MWA17 CO1Vi51r1O1V-5 TO Oe-= IWAZA(- 7-,4'1,VeD, BY HOAOUZ CWM:ps 6/24/80 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 , a California corpo raton, hereinafter referred to as "ASSOCIATION" and T're n 0 ...A YiLt S 4 So N 5 Ca,:�T, rD. pa CoQ 'Poe An- ! o -3 hereinafter referred to as "DEVELOPER". R E C I T A L S WHEREAS, in connection with the development of Tract 124e , in Huntington Beach, California, DEVELOPER has dedicated land A-r La w_,-rA A v g ­).., t-L:f Bkzrn e N along RLVD. A-►&o sr. , 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 (D24-2 , DEVELOPER was required by the Planning Commission of CITY to pro- vide landscaping improvements along A -94W �T , in accordance with plans and specifications submitted to and approved by CITY; and DEVELOPER has provided for landscape maintenance of a portion of public right-of-way along s j 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 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• $. 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 $100,000 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 10z4 , 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 92548 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 - went to be executed on the day and date first above written. ATTEST: City Clerk REVIEWED AND APPROVED: City Adm n strator DEVELOPER: a By President By Secretary CITY OF HUNTINGTON BEACH, a municipal corporation Mayor APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public r s ASSOCIATION: a California corporation By res ent By Secretary Cp I �Nj WTI l SEE SHEET 2 _ AREA 70 6E M4/NT4/1VED 3Y HOME OWNERS A550614r1" EXHIBIT "A' PARKWAY MAINTENANCE AGREEMENT Ito ,y �3-XACf1 c GUR15 FACE NOTE: Z. SEE PAWWAY nMi 1A17!- ZAA./CE .91,—,oTEE1tiIENT GOA7 /. 71-145 /.7K1W/NG 1-4Ft STREET' 5P.EC/F/C CON0/7-101V5 AG`IEFQ UPON BY /MPROI/EME/1/T I-/-AN5 -TRACT A55OC147-ION AND/OR 1�FrVELOP� NO. 10248- aN 1-16E /ry TtiE C/;'YaF NUNT/NGTON ,5F. C/1, DEPARTMENT EXHIBIT "A" PARKWAY MAINTENANCE AGREEMENT GUl� PAGE 10 ATLA/VTA V ,AVE. mg m ..4 � � � GURf3 fAGE �; '�3 w I NQ .E rZ.4NrA AVE. aN - - --�� NOTE= i 7-1-1/5 ,DRA9W1NG PEq STREET 2- 5E5 Pr9ReW,-9,v MAiNTEMANG,E • - /MPF7Ol/EMEM- PLANS -TRACT. fi'GHEEMENT �oR SPED/F/G GO�t!- /OZ4B-OIV FILE JJV THE' GJTY OF pJrIONS UPDrV BY H!//VTJNIrTO1V B--,9GH, DEPAF�T— .9550C/AT/ON AND�O�! DEV� — NJENT OP PUBLJG Wdf�K. LDPER. rSEE SHEET 1 GURS fAGE AVE. AfTEA TO Be MAJ,V - TAINEp Or DOME c EXHIBIT 'W PARKWAY MAINTENANCE AGREEMENT SEE svEEr 4 Q � p /"09 NOTE: /, TH/S OR/�W/NG PEFi STFfEET 90{/E- MENT PLANS - TRAGT ND. /OZ-¢8- ,, � � � ON F/,LE /N THC CITY O� HUNT- y 3 c GUR6 /`'ACE 1u !A/G7'ON l3EAGH, D�P,9RTMENT x MA/NT'EN,ANCE \ I I U Q ACoAEFMENT :cOR SPEG J�/G CON- Q D!T/ONS AGf7EE-D C/PON 16Y.19550- 14TLAA17 t _ AVE—. —�. Q � GIAT/OW AND/OR DEf/EGOpEF�. I AREA 7?7 BE MAINTA/NEI� ®' B Y HOME OWiVE�iS ASSOL/A%/ON. '9 3 0v� 4 EXHIBIT W i� PARKWAY MAINTENANCE II� AGREEMENT Q 1 N Q Q � N R niLrr.E: 1. TH15 DRAWN& PER 5TgeAS-7' IMPROVE- MENT PLANS - 7?f,4C7- /VO. /O.046 - ON �tiL6_ /N Th/E C/Ty O<' 1-141AIrlIVG7Z7N. B�,9CH� bE.oA�TMENT D� PUBL/C WORDS, 2. SE.E Pf19l�INAY MAiN7'E•NA/VGE AGREEh9ENT Q If fi N N /5ACE 5 Qi _L FOR SPEG/F/G CO/V4l)/7"/0/VS �GF�EED vao/V BY ,4SSDG/A- 7101Y AND/OR DEVELOPER. TWINED Or HOM.r� ^OWiVEiTS ASyOG�AT/O/�!.