HomeMy WebLinkAboutPEARSON, GEORGE A Development Agreement Beach Blvd 8/18/96 - 1986-08-18 . T
AGREEMENT BETWEEN CITY AND DEVELOPER FOR
ACCEPTANCE OF DEPOSIT IN LIEU OF
SATISFACTION OF CONDITIONS OF DEVELOPMENT
THIS AGREEMENT, made and entered into this day
of Vq u,� I , 198.E , by and between the City of
Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY" , and George
Pearson and Regina M. Pearson, hereinafter referred to as
"DEVELOPER" .
WHEREAS, DEVELOPER is required by Huntington Beach
Ordinance Code (hereinafter HBOC) §9730.4 to dedicate to CITY
a portion of Lots 10 and 11 of block "A" of Tract 52B for
public street and sidewalk purposes and to make the required
public improvements (herein "Improvements" ) thereon; and,
DEVELOPER has dedicated said real property but desires to
delay the construction of said Improvements; and
CITY is empowered by its ordinances to grant to DEVELOPER
permission to delay said Improvements upon the terms and
conditions set forth herein; and
The Improvements required by CITY to be completed by
DEVELOPER on the above described parcel are: curbs and
gutters, sidewalks, driveways, paving and pavement removal .
NOW THEREFORE, in consideration of the promises and
conditions herein set forth, the parties agree as follows:
1 . DEPOSIT
Pursuant to HBOC §9730.14, DEVELOPER, upon execution
of this Agreement, will deposit with the City Treasurer the
( 1)
sum of $8, 295.00, which sum is equal to 150% of CITY' S
estimated cost for Improvement construction required
hereunder . The deposit may be in cash, by cashier ' s check, or
by corporate surety bond.
2 . NOTICE TO CONSTRUCT IMPROVEMENTS
Upon notice in writing from CITY to proceed DEVELOPER
will construct all required Improvements to the CITY' s speci-
fications and to the satisfaction of its inspectors . All work
shall be performed within 90 days of the date of the notice to
proceed, but shall in any case, with or without notice from
CITY, be completed within two (2 ) years of the date of
execution hereof . No work shall be deemed complete until
formally accepted by CITY.
3 . ACCEPTANCE OF IMPROVEMENTS - RETURN OF CASH DEPOSIT
If DEVELOPER has made cash deposit with the City
Treasurer under Section 1 hereof, upon CITY' s acceptance of
the Improvements the DEVELOPER may demand return of said
deposit which shall be returned, with legal interest, within
30 days of said demand.
4 . DEVELOPER BREACH OF COVENANT TO CONSTRUCT
In the event that DEVELOPER fails to satisfactorily
complete construction of the Improvements within ninety days
after CITY' s notice to proceed, CITY, at its sole option, may
invade the deposit and utilize same to complete the
construction Improvements as herein set forth. Any monies
remaining unspent shall be returned to DEVELOPER as provided
in Section 3 hereof .
( 2 )
5. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All
Improvements hereby required will be constructed in accordance
with the CITY' s plans, specifications and requirements
applicable to similar work usually performed under contract to
CITY and which are in effect at the time of construction.
6. INSPECTION: CITY shall control work in all public
job sites and dedicated areas . CITY may inspect the construc-
tion of Improvements at all reasonable times. CITY will
cooperate with DEVELOPER to provide access to CITY-owned
utilities and allow all necessary encroachments to public or
CITY-owned property; provided, however, that the entire cost
thereof shall be borne by DEVELOPER.
7. WARRANTY: All Improvements shall be fully and
absolutely warranted by DEVELOPER as to materials and workman-
ship for one ( 1) year after the date of their acceptance by
CITY.
8. PUBLIC WARNING AND PROTECTION: DEVELOPER shall at
all times until CITY' S final acceptance of the Improvements
give good and adequate warning to the traveling public of each
and every defective or dangerous condition within and adjacent
to public streets and highways and the Improvement site and
will protect the traveling public from such defective or
dangerous conditions . It is understood and agreed that until
the completion of all the Improvements herein agreed to be
performed, the Improvement site and each of said streets and
highways not accepted as improved shall be under the exclusive
control of DEVELOPER for the purpose of this Agreement. With
the consent of the City Engineer, DEVELOPER may close all or a
i3 )
portion of any or highway street whenever it is necessary to
protect the traveling public during the making of the
Improvements herein agreed upon. DEVELOPER hereby agrees to
pay for such inspection of streets and highways as may be
required by the City Engineer .
9. INDEMNIFICATION-COVENANT TO SAVE AND HOLD HARMLESS:
DEVELOPER hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death
or injury to DEVELOPER' S employees, contractors or
subcontractors, and damage to property, arising directly or
indirectly out of the obligations herein undertaken by
DEVELOPER, or out of the operations conducted by DEVELOPER,
regardless of the active or passive nature of any negligence
by CITY, save and except those which arise out of the sole
negligence or sole willful misconduct of CITY. DEVELOPER will
defend any such suits at its sole cost and expense when so
requested by CITY, and any costs of defense or attorney' s fees
incurred by CITY in enforcing this obligation shall be
reimbursed to CITY or may be awarded to CITY by a court of
competent jurisdiction.
10. WORKERS' COMPENSATION: DEVELOPER shall comply with
all of the provisions of the Worker ' s Compensation Insurance
and Safety Acts of the State of California, and shall
indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and
judgments of every nature and description, including
(4 )
attorney' s fees and costs, presented, brought or recovered
against CITY, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be
performed by DEVELOPER under this Agreement, and shall provide
to CITY, on CITY' S form, evidence of Workers ' Compensation
Insurance or self-insurance satisfactory to the City Attorney.
11 . GENERAL PUBLIC LIABILITY INSURANCE% DEVELOPER shall
maintain in force during the construction period and until
CITY' s final acceptance of the Improvements, at DEVELOPER' s
sole expense, a general public liability policy in which CITY,
its officers and employees are Additional Named Insureds .
Said policy shall insure DEVELOPER against any and all loss ,
damage or expense by reason of any suits, claims, demands,
judgments and causes of action arising out of or in
consequence of DEVELOPER' s performance of this Agreement. The
policy shall provide for not less than the following coverage:
Combined single limit bodily injury and/or
property damage including products liability
and vehicles, owned and non-owned:
$1,000,000 combined single limit per
occurrence.
Said policy shall provide coverage at least as broad as
that provided in the Standard Form approved by the National
Board of Casualty Underwriters, together with such endorse-
ments as are required to cover the risks involved. DEVELOPER
shall arrange for the policies to be so conditioned as to
cover the performance of extra or unforeseen work, should such
work become necessary.
Evidence of such insurance shall be furnished to CITY
on the CITY' s certificate form and shall be approved by the
City Attorney. Any such policy must contain a provision of
(5 )
written notice to the CITY of the expiration or cancellation
of any of the insurance policies required hereunder not less
than thirty (30) days before such expiration or cancellation
is effective .
12 . LIABILITY FOR WORK: In addition to the covenants
to hold and save harmless and to provide insurance set foth
herein, the parties agree that neither CITY nor any officers
or employees thereof shall be liable or responsible for any
accident, loss or damage happening or occurring to the work
specified in this Agreement prior to the completion and
acceptance of the same by CITY, nor shall CITY or any officer
or employee thereof be liable for any person or property
injured by reason of DEVELOPER' S work hereunder, but all of
said liabilities shall be assumed by DEVELOPER. DEVELOPER
further agrees to protect and defend CITY and the officers
thereof from all liability or claim because of, or arising out
of , the use of any patent or unpatented article in the
construction of Improvements hereunder .
13 . ATTORNEY' S FEE: In the event suit is brought by
CITY to enforce the terms and provisions of this Agreement or
any bond given to secure the performance hereof, a reasonable
attorney ' s fee, to be fixed by the court, shall be paid by
DEVELOPER in CITY' s favor.
14. NOTICES: All notices required or permitted here-
under shall be delivered in person or by registered or certi-
fied mail to an authorized representative of the party to whom
delivery is to be made, at the place of business of such
party, or to any other place designated in writing by such
party.
(6 )
15 . RECORDATION: Pursuant to California Government
Code §66499(b) , this Agreement shall be recorded with the
County Recorder of the County of Orange, California.
16. ENTIRETY: The foregoing represents the entire
Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their officers thereunto duly
authorized upon the day, month and year first above written.
DEVELOPER: George Pearson and CITY OF HUNTINGTON BEACH
Regina _My- rson as Joi� TTennants a municipal corporation
l of the State of California
r
By `
ame Ti e) Mayor
Y ( dvi
Nam itle
IN D AND APPR ED: APPROVED AS TO FORM:
77IATE
Director of Public Works City Attorney
REVIEWED APPROVED ATTEST:
$ C6-Ci Admiis �jr, .rator �ny Clerk
(7 )
EXHIBIT "A"
( Improvement Costs Breakdown; x 150% )
Curb & Gutter - 100 L.F. @ $10.00/L.F. $1000.00
Sidewalk - 315 S.F. @ $ 2 .50/S.F. $ 790.00
Driveway - 135 S.F. @ $ 3 .00/S.F. $ 405.00
Paving - 15 Tons @ $40.00/Ton $ 6O0.0O
Base - 31 Tons @ $10.00/Ton $ 310.00
Street Light - 2 ea . @ $1000.00 $2000.00
Pavement Removal - 850 S.F. @ $ 0.50/S.F. $ 425.00
TOTAL $5530.00
$5530.00 (Total) x 150% $8295.00
J a
REQUE ` FOR CITY COUNC9 ACTION
Date August 5, 1986
Submitted to: Honorable Mayor and City Council
` D �V GIT�r GUI}
Submitted by: Charles W. 'Thompson, City Administra s a.PPROVE
Prepared by: Paul E. Cook, Director Public
Subject: AGREUENT BEPWEF.2N CITY AND GEORGE A PEARSON
S �
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STAT&MEL T OF ISSUE:
George A. Pearson is developing at 16922 and 16952 Beach Boulevard and because of a
drainage problem, is unable to install the required street improvements at this time.
RECOMCdENDATION:
It is recommended that the City Council accept the Agreement and Performance Bond
to install improvements at a later date, and to instruct the City Clerk to file the
agreement and the City Treasurer to file the Performance Bond with their respective
offices.
ANALYSIS-.
Section 9730.14 (Improvements Deferred) of the Huntington Beach Ordinance Code,
allows for a bond and agreement to be posted where a drainage system would be delayed
by the installation of improvements.
All the documents have been approved for the anount by the Department of Public
Vbrks and as to form by the City Attorney's office.
FUNDING SOURCE:
None
ALTERNATIVE ACTIONS:
Deny approval of agreement.
ATTACHMENTS:
1. Sectional District Map
2. Agreement
PEC:BPC:ik
NO 5/85
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, r WARNER AVE - 1
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
October 3, 1986
George A. Pearson
James Gray
G. & M. Oil Company
2120 Main Street, #10
Huntington Beach, CA 92648
Enclosed is a copy of the agreement for Acceptance of Deposit
in Lieu of Satisfaction of Conditions of Development which was
approved by the City Council on August 13, 1986.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(telephone: 71 M536-52271
CITY OF HUNTINOTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 20, 1986
George A. Pearson
'% James Gray
G. & M. Oil Company
2120 Main Street #140
Huntington Beach, CA 92648
The City Council on August 18, 1986 approved an Agreement Between
City and Developer for Acceptance of Deposit In Lieu of Satisfaction
of Conditions of Development.
This agreement cannot be executed by the City until the required
insurance is provided. Enclosed is a Certificate of Insurance
for your use. When you return your Certificate of Insurance and
it has been approved by the City Attorney, a fully executed copy
of the agreement will be sent to you.
ALICIA M. WENTWORTH, CITY CLERK
By
Connie A. Brockway, Deputy
AMW:CB:bt
Enc.
CC: Paul Cook,. Dir. Public Works
Bruce Crosby, Public Works
1 Telephone:714636-5227)
Transterica Premier Insurance Company
-Transamerica Adminitl rallve 01111ce:Irvine.Calllorniq
Insurance Services
TRANSAMERICA PREMIER INSURANCE COMPANY
17671 Cowan Avenue . Irvine, CA 92714
Bond # 492141
Prem $ 249.00
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS : That _George A. Pearson
as Principal , and TRANSAMERICA
PREMIER INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of California and authorized to transact surety
business in the State of California , as Surety , are held and firmly
bound unto__ City of Huntington Beach
in the sum of Eight Thousand Two Hundred Ninety-Five and No/100 - - - Dollars
for the payment whereof , well and truly to be
made, said Principal and Surety bind themselves , their heirs, admin-
istrators , successors , and assigns, jointly and severally, firmly
by these presents .
The condition of the foregoing obligation is such that, whereas
the above-bounden Principal has entered into a contract, dated
to do and perform the following work , to wit :
Off-site improvements on the "A" street side
16922-16952 Beach Boulevard, Huntington Beach
NOW, THEREFORE, if the above-bounden Principal shall well and
truly perform the work contracted to be performed under said contract,
then this obligation shall be void; otherwise to remain in full force
and effect.
SIGNED and SEALED this 1st day of Jul , 19 86
�0 tY A 1001 George A. Pearson
4`ss
Ci4'i •,01�s...i . .
13
Principa
TRANSAMERICA PREMIER INS RANCE COMPANY
B
— ,usan M'rchecwert --- ---- —
Attorney-in-fact
• Transamerica � �. � T�merica Premier Insurance CompanyT '
A 1rve Of•[n hvinR Cnl•1�.nin
insurance Services
GpA �I I((�d)2
Power of AFlomey va?ia only if numbered in red.
General Power of Attorney
Know All Men by These Presents,That Transamerica Premier insurance Company, a corporation duly organized and existing under the laws of the
State of California, and having its administrative office in Irvine, Orange County California, does by these presents make, constitute and
appoint -----
_ SUSAN M. SCHERWERTS
al- Orange -�---T -- —_-- -- - and State of dl i-fQrnia its true
and lawful Attorneys)-in-Fact, with frill power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
CONTRACT BONDS (S_.B.A. Guarantee Agreement} - MAXIMU�1 PENALTY 350 000.00
OTHER CONTRACT BONDS - MAXIMUM PENALTY $25,000.00
ALL OTHER BONDS - MAXIMUM PENALTY 10,000.00
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31 . 19135"
and to hind the Company thereby as fully and to the same extent as if such hands were signed by the President,sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said
appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of.tune, 1984.
"Be It Resolved,that the President,any Vice-President, any Secretary or any Assistant Secretary shall he and is hereby vested with full power and
authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the
following provisions:
"Section 1.Attorney-in-Fact.Attorney-in-Fact may he given full power and authority for and in the name of and on behalf of the Company,to execute,
acknowledge and deliver, any and off bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditionef or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments
so executed by any such Attorney-in-fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate
Secretary."
In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its President
and its corporate seal to be hereto affixed this 22nd day of
�Octr}ber A.Q., 19 85
?_tM1 jtvS&,p9yc TRANSAMERICA PRE IER INSURVECO ABY
INCORPORATED p
State of California �= 111LY 1, 1941 -?
SO
County of Orange
22nd �AZIFORN��
On this — day of October in the year___-_1-9— ,before me
Joan M._Wy_nn a notary public, personally appeared
_Jack M_, r_ap-p personally known to me to be the person who
executed the within instrument as _ P_r"L51_d_e_r1t ,_ behalf of the corporation therein named and
acknowledged tames t, orpgratioV fxgcL ted it.
a =irinL SEAL,
-I0A11 M. WYNN
t C 4.
am_
.:'V'11ar,L OFr!(-E 14
otary Public
I Y C 11"!"lidl '.YP:RF.F SEP, 18. 19R7
i,the undersign Secretary J ansame-rica Premier Insurance Company hereby certify that the above and foregoing is a full,true and correct copy of
the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the
following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 121h
of June, 1984, and that said resolution has not been amended or repeated:
"Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by
facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding
upon this Corporation."
GIVEN under my hand and the seal of said Company,this I r-t day of--July
19 86—
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF
ATTACHEO.TO BOND NO. 492141 Secretary
30024 B-84