HomeMy WebLinkAboutMillstream Condominiums and Shaffer Development, Inc. - 1980-09-02("WM: PS
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PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT to made and entered Into this 2nd day of
S�ptembe4 , 198o, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as 'CITY" , and MittStAeam Condomini=4,
A Limited PaAtneAzhip hereinafter referred to an "ASSOCIATION"
and S�� Devetopment, Inc.. a Cati6oAnia CoApoAation
hereinafter referred to as "DEVELOPER".
R 9 C I T A L 3
WHERRASj, in connection with the development of Tract 9671
In Huntington Beach,, California, DEVELOPER has dedicated land
along Warner Avenue - . 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 9671 S
DEVELOPER was required by the Planning Commission of CITY to pro-
vide landscaping improvements along Warner Avengg
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 Warner Avenue
hereinafter referred to as "LANDSCAP8 AREA", which area is set ul:
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$ THERZFORZ, 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 ASSOCIATUN shall be theirs; DEVELOPER shall be secondarily
responsible ror all so described duties and responsibilities, until
such time an DEMOPER can show that he no longer has any Interest
in the subject d*volopment.
2. TERM
This agreement shall be effective so long an 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. LANDSCAPF 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 ARZA.shall be kept free from weeds, debris and harmful
insects at all times. A 11 gardening and maintenance practices per-
formed shall conform to the Arboricultural and Landscape Standards
and specificationes Division I. issued by the Department of Public
Works of CITY.
4. DAMAO A?iD REPAIR
In the event any damage in caused to the sidewalk, curb,
gutter, street or utilities as a result or the installation or the
landscape material and/or maintenance or the LANDSCAPE AREAs ASSO_
CIATION agrees to repair same at its sole expense within thirty
(30) days from the discovery or such damage, or within thirty (30)
days from receipt or written notice or such damage from CITY,
whichever in shorter.
5. FAILURE TO MAINTAIN
Should ASSOCIATION rail 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 ASSOCIA'"I""
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 $3100,000 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 lose, including any
deaths &rising 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.
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.
B. SALE OR ASSIGNMENT
DEVELOPER and/or ASSOCIATION shall be liable for the
obligations set out herein so long as CITY deems it appropriate and
DEVELOPER and/or ASSOCIATION utilizes the LANDSCAPE AREA. In the
event D3VZLOPWt and/or ASSOCIATION sells or otherwise assigns the
property described as Tract 9671 , 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
DIVELOPRR 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 doomed 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: Millstream Condominiums,
a Limited Partnership
7831 South Lake Drive
Huntington Beach, CA
DEVELOPER: Shaffer Development, Inc.
2207 Main Street
Huntington Beach, CA 92648
5.
11. ENTIRETY
This agreement containa the entire agreement between
the parties hereto.
IN WITNK33 WHRREOP, the parties hereto have caused this agree-
ment to be exeauted on the day and date first above written.
ATTEST:
CIty Clork
REVIEWED AND APPROVED:
n� � W�.p g�- " rwA, 'Of"..
DEVELOPER:
SHAFF"ER DEVELOPMENT, I
'�k
a I-,,/
CITY OF HUNTINOTON BEACH,
a municipal corporation
APPROVED AS TO FORK:
y Attorney
INITIATED AND APPROVE��.
r P
rec or
Pee o of ubl1c R a
ASSOCIATION: MiUSUeam Condominium,6,
NIOTE;
(D THIC) P-ENaDE-W-INJ& I't:l nEW-IVED Fg-,OM -FKAC--F 9671
ONL PILZ7 M4 -FHP—:- C-t'TY OF HU"'rlK.JC-xTOt-4 nEf,-ACH/ DEP-r
OF PUMIC WOMK051.
1.11 /E)W-F-- P-n�oe-
E—:XHIENT "jons�-!' T;?,. 0071
original and three cop ies- o, f 01,6ution:
-1i. Mu tbd certificate to: Original Originating Dep't,
CERTIFICATE OF INSURANCE AfterApproval Yellow - Risk Manager
aC� By City Attorney Pink
City of Huntington Be TO City Clerk
Pt Gold - City -Attorney
CITY OF HUNTINGTON BEACH, CALIFORNIA
P. 0. Box 190
Huntington Beach, California 92648 A MUNICIPAL CORPORATION
-0,
Jave inli & by'�th&. uh, er-
This is -'to cerfifythat,'th' 'fi s,,of,',ihsurancq',as dpiscribedlie`iow een,
e po icie 7�
-s& poli e ge ff ficat the,'
signed and are:lin force at thistime. If ther ci _s are cancelled 6illl�ian �' dlimsbc�h'a manner that'Will'affe' ert'i I e.
Jnsurance. company agrees to give 30 days prior written notice, by mail, to City of Huntingtoh,Beach, P.,JD, Huntington
Beach,, California 92648.
-1)z�nM40PH9NT#, INC*
NaMeLof Insured
30 W"I
.14GTON BF
2207 14AIN STREF.Tv SUIT ACHI, CA 92648
Address of Insured
paxkw��y m&*nt*n*=* Agreement Tract 9671
Location of Insured,,Operations
Description of Operatioris
POLICIES IN Fg�R,
POLICY
NPIVI��,ER
TE
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
40
Workers Compe-gsation
Statutory
Employers', Lia�jli;y
$
B. Public Liability:
`$300,000 combined'sirigle
limit.perocclurrenc I e.
Bodily Injury:
Manulfacturers,and
ContractorsEl
Each P6'.tsiin
r
ompre eris
C "till,
7
LlikA 6 16
660 1�
Genera 'FRI
Each Accident
(including products completed
operations)
Propierty'Damage
$ Each Accident
C. Automobile Liability:
Bodily Injury
$ Each Person
$ Each. Accident
Property Damage
�'Each�Acciden
Does policy cover: (Plea L se check at least on , e)
All owned automobiles Yes No,
Non -owned automobiles' (X Yes No
Hired automobiles Yes (X 'No
0K
D. Additional Insured Endorsement:
i 'Beach and ouncir, an or -all, City 'Council',,,appoint d gidu s
..The iqstirer agrees.that the Clity� of,, Hunt. ngt6n C 'il"' 4W e 0
committees, commissions, boards, and any other City' Couricil appointed body, and/or elective and.. appointive"officers,
servants or employeesof the City of Huntington Beach, when acting -as such are additional insureds',fiiereunder�-for the
acts of the insured, and such insurance shall be tQrany insurance ot the 'Cill'of-Huritin
primary #ea
v"
�4,
Ilk
E. Hold 'Harmless Agreement: By insipe" 0, P
7__ (Sigria-t-uref,
The insure d agrees V or otdct,. c
defend, indemn am harmless the C4yof Huntington Bea Kaga'insr loss, damage, or
expense by reason of any �suits, claims, demands, judgments and causes of action caused by insurd�&,' his employees, agents
or any subcontractor or by any third part
y arising out of or in consequence of the performance of all or any operations
covered by the certificate of'in urance.
40PRI, AsT 6 F. 0 R M:
ark s ;b
"T
City Attorney
By
1 tAttorney
VCV004M If 'IVOV
Date AUTHORIZED REPRESENTATIVE OF iN,,WRAN,`qE COMPANY
INSUR NCECOM ANY
0 CQMpatny By
Incola Insuranc 4
Signature of,A6thorii�d Representat., "A
�-ent
Name C/*,&*C4*$S LIA"S
4�
Insurance arokers
Address 1AAn Address, Slot Wntow : S't
___,V wilshus RIV4 4.k"O
-Los AngelesvICA 106iO I
City Telephone (PI A I -A;�6_0341
REQL.-0ST FOR CITY COUNC, ACTION
Submitted by Paul E. Cook
1- Department Putolic Works
Date Prepared September 26 0 19 8 0 Backup Material Attached El Yos M No
Subject Parkway Maintenance-Acreement-Tragt 9671 (Millstrpam Hnmt-nwnPrq
City Administrator's Comments
Approve as recommended.
101
Statement of Issue, Remmmendation, Analysis, Funding Source, Alternative Actions: 1�
Statement of Issue:
In accordance wi the Conditions of Approval for Tract 9671 (northwest
corner of Warner Ave. and Beach Blvd.), the developer and/or the Homeowners
Association are required to maintain all landscaping within the public
right-of-way along Warner Avenue.
Recommendation:
Approve tR-eParkway Maintenance Agreement between the City of Huntington
Beach and Millstream Homeowners Association/Shaffer Development.
Analysis:
On September 5, 1979, the Planning Commission approved Conditional Use Per'.�k
#79-18 authorizing development of the Millstream condominium pr03ect on
the north side of Warner Avenue, west of Beach Blvd. with thq understandi.,�.
that the developer and/or Homeowners Association, as they proportionately
hold title to the property, will maintain the landscaping within the public
right-of-way along Warner Avenue.
In accordance with this Condition of Approval the Public Works Dept. ini-
tiated the attached agreement.
Fundinq Source:
Alternative Action:
Deny approval of the Agreement as written.
PFC: DN: j y
P10 3f7a
I
V
PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of
SeptembeA 9 1980, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY", and MittStAeam Condo ri.('nium�s,
A Limited PaAt��hi� hereinafter referred to as "ASSOCIATION"
and Sha14eA Oevetopment, r 7 nc. a - Caf-('(1oin�a CoApoAatjon
hereinafter referred to an "DEVELOPER".
R E C I T A L 'S
WHEREAS, in connection with the development of Tract 9671_.,
in Huntington Beach, California, DEVELOPER has dedicated land
along Warner Avenue _, for public street purposes, which
land is fully set out in the diagram attach ed hereto as Exhib'it "All 41
and incorporated herein by this reference; and
As a condition of approval of Tentative Tract 9671 1
DUELOPER was required by the Planning Commission of CITY to pro-
vide landscaping improvements along Warner Avenue
In accordance with plans and specifications submitted to and
approved by CITY; and
DEVELOPER has provided for landscape maintenance of a porl*.',-�r
of public right-of-way along Warner Avenue
hereinafter referred to as "LANDSCAPE AREA", which ar(��
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 is
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:
I. RESPONSIBILITIES
The duties and responsibilities hereinafter.described as
those of ASSOCIATION shall be theirs; DEVELOPER shall be secondarily
responsible for all so described Auties and responsibilities, until
such time an 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,
46 or its assignee, utilites the LANDSCAPE AREA for landscape purposes
and CITY deems it appropriate that the LANDSCAPE AREA remain for
landscaping purposes.
LANDSCAPE MAINTENANCE
ASSOCIATION shall maintain the improvements of the area
3hown 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
gerieral planting and trimming or other corrective gardening prac-
tices, spraying grass and plants with both Insecticides and herbl-
(,Ides, and generally keeping LANDSCAPE AREA in a clean, sAf'e :irid
attractive conditionY taking Into consideration norinal growth of'
the landscape materials and a contl.nuation of the aesthetic quality
2. & , )J
of the area.
The growth of all plant materials shall be controlled
'ned
so that none protrude into the sidewalk area to obstruct or binder
walking or driving traffic. Water, soll, 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... DAMAOK AkD REPAIR
In the event any d4kmage 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.
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 ASSOCIA
and DEVELOPER. Should any failure not be corrected wit.hIn !h.
(30) days after notice is given, CITY may cause the necessar%
maintenance to be performed and all costs incurred shall be assessod
to ASSOCIATION in the property tax rolls for the following year.
3.
.I,-
nc(
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 $3 - 00,000 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-
'P,[()N shall give CITY prompt and timely notice of any claim made
ot, 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-
lng 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 arid/or ASSOCIATION shall be liable for tlie
4.
5 /-1-1
obligations set out her6�n,so long 4s, CITY deems it appropriate and
DEVELOPER and/or ASSOCIATION utilimea the LANDSCAPE AREA. In the 0
event DEVELOPER and/or ASSOCIATION sells or otherwise assigns the
property described as Tract 9671 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 or any sale or assigraent of the subject property thirty
(30), days prior, to said ass,ignment.
9. LANDSCAPE CHAVA.
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:
�J
6),
.1
IV
CITY: City. Clerk
City of Huntington Beach
P.-O. Box 190
Huntington Beach, CA 926-48
ASSOCIATION: Milistream Condominiums,
a Limited Partnership
7831 South Lake DT-J-ve
Huntington Beach, CA
DEVELOPER: Shaffer Deve'Lopment., Inc.
d,?O',, Mtn 'Strcet
flunting,ton Beach, CA 92640
5.
11-
0
0
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:
My Clerk
REVIEWED AND APPROVED:
City Admini#rator
I)EVELOPER:
SHAFFER DEVELOPMENT, %t
en
r I
R V A ktj,2-z-/Ik
- I
A .--- �b—OAAt-- \19.
Ne c re�� y
1.2
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
APPROVED AS TO FORM:
Cify-A—ttorney $W'
INITIATED AND APPROVE�:
Director of Public Works
ASSOCIATION - MittStieam Condom �'n ium,s,
,QO -(E
�,Ij 411 - �.qj 7
v 0 4u A
E-:XHII�51-r D071
2-ID,
I
Retum original and ftee copies of
9W VMt%d oerRficate to: Distribution: Original - Originating Dept.
CERTIFICATE OF INSURANCE After Approval Yellow - Risk Manager
City of Huntington Beach TO By City Attorney Pink - City Clerk
Dept. Gold - City Attorney
P. a. Box ISO CITY OF HUNTINGTON BEACK'tALI'FORNIA
Huntinglon Beach, California 92648 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. 0. Box 190, Huntington
Beach, California 92648.
Name of Insured SHAFFER DEVELOPMENT, INC.
Address of Insured 2207 MAIN STREET9 SUITE 30, HUNTINGTON BEACH9 CA 92648
Location of Insured Operations Parkway Maintenance Agreement Tract 9671
Description of Operations
POLICIES IN FORCE
POLICY
NUMBER
DA
LTE
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
A, Workers Compensation
Statutory
Employers' Liability
$
B. Public Liability:
$300,000 combined single
limit per occurrence.
Bodily Injury:
Manufacturers and
Contractors 13
9-7-80
9-7-81
$ Each Person
Comprehensive
LGLA7676660
PWI
General 1 — 1
$ 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 X) No
(X Yes ) No
( Yes (X ) 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, when 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
.10.
The insured agrees to protect, defend, indemnify and save,'harmiess the City of Huntington Beach against loss, damage or
expense by reason of any suits, claims, demands, judgments and causes of action icaused 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.
F. Remarks: APPROVED AS TO FORM:
GAIL HUTTON
City Attorney
By:
Deputy City Attorney
Date October 17, 1980 AUTHORIZED REI�USENTATIVE OF. INSURANCE COMBANY
X
INSURAN9E COMPANY By _01
Lincoln Insurance Company Signature of Authorizid Ripresentative/Agent
Name C/0 rXg-eS-_ & gilrplil-4t Linp__c. MATHERS AND ASSOCIATES
Addres Insurance Broker^s Address 3106 E. Willow St.,
' 3440 Wilshire Blvd. 9 Long Beach, CaliF. 9U8Ub
City Los Angelegs CA 90010 Telephone (213) 426-0-34-3—
City of Huntington Beach
P.O. Box 190 CALIFORNIA 92M
OFFICE OF THE CITY CLERK
October 7, 1980
Millstream Condominiums
A Ltd. Partnership
7831 S. Lake Drive
Huntington Beach, California
The City Council of the City of Huntington Beach at its regular
meeting held Monday, October 6, 1980, approved the Parkway
Maintenance Agreement between the City and Millstream Homeowners
Association and Shaffer Development.
You have been provided with a blank Certificate of Insurance
form by the Public Works Department. When this form is completed
and forwarded to the City, an executed copy of the agreement will
be forwarded to you.
Alicia M. Wentworth
City Clerk
AMW: j s
cc: Shaffer Development, Inc.
2207 Main Street
Huntington Beach, California 92648
Don Noble - Department of Public Works
17
qlj
()U-T- 0
(v-3c�, SO
ci
F/
PARKWAY 14A INTMANCE AGREEMENT
THIS AGREDUM Lis made and entered Into this day of
a 19_4, by and between the CITY OF RUNTIM07ON BEACH,
a municipal corporation of the State of California, hereinafter
referred to an "CITYRS, and -2
a California corporatons, hereinafter referred to as "ASSOCIATION"
and Co 0
Dct/&�-Los:�,mexr 2, a Lo wro P.-F 10 '.')
hereinafter referred to so ODEMOPER".
R I C I T A L 3
WHERZA31, in connection with the development of Tract
in Huntington Boaah,, Califorhiaj, DEVELOPER has dedicated land
along for public street purposes,, which
land in fully set out in the diagram attached hereto as Exhibit "A"
and incorporated herein by this references; "
As a condition of approval of Tentative Tract QV71
DEVELOPER was required by the Planning Commission of CITY to pro-
vide landscaping improvements along k.,Jkytyv_�. �,V00yL-r
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 e-
hereinafter referred to as *LANDSCAPE AREA" 0 which area Is set out
and delineated In Exhibit "A"o attached hereto; and
By this agreement, the parties hereto desire to set forth
I and clarify their respective obligations regarding the maintenance
CWM: ps
6/24/80
1.
of the LANDSCAPE AREA.
A 0 R E E M E N T
NOW$ THEREFORE, In consideration of the foregoing, the parties
hereto do covenant and agree as follows:
1. RESPONSIBILITIES
The duties and responsibilities hereinafter described'a3
those of ASSOCIATION shall be their&; 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,, soll,, 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 AOD REPAIR
In the event any damage in 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 or 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 in 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. INSURANCR
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 $00,9000 combined single limit per occurrence. The
policy shall name# an 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 or 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.
INDENNIPICATION, DMENS9,4 HOLD RAR14LESS
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.
SALE OR ASSIGNMENT
DEVELOPER and/or ASSOCIATION shall be liable for the
obligations set out herein so long as CITY deems It appropriate and
DEVELOPER and/or ASSOCIATION utilizes the LANDSCAPE AREA. In the
event DEVELOPER and/or ASSOCIATION sells or otherwise assigns the
property described as Tract e)J,�Jl , 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 assigment.
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 1 "
Huntington Beach, CA 92648
ASSOCIATION:
DEVELOPER:
11. ENTIRETY
This agreement contains the entire agreement between
the parties hereto*
IN WITNESS WHERROPI, the parties hereto have caused this agree-
ment to be.execut*d on the day and date first above written.
ATTEST:
My Clerk
REVIEWED AND APPROVED:
bity Adiinistrafor
DEVELOPER:
a
By
Pret'Ment
By
Secretary
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
APPROVED AS TO FORM:
My Attorney
INITIATED AND APPROVED:
DIrector of PuSlic Works
ASSOCIATION:,
a California corporation I
BY PresideRf
By
SecreEiry
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