HomeMy WebLinkAboutSEASIDE VILLAGE TOWNE HOMES ASSOCIATION - W AND B BUILDERS, INC - 1980-08-08 PARKWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of
Jul.Y -----, 1980, by and between the CITY OF HUNTIN;TON BEACH,
a municipal corporation of the State of California, hereinafter
re.iarred to as "CITY" , and Seaside Village `_t'owne Homes, Association,
a California corporator, hereinafter referred to as "ASSOCIATION?"
and W & B BuildcLs, In::. , a Delaware corporation
hereinafter referred to ae "DEVELOPER".
R E C I T A L S
WHEREAS , in connection with the development of Tract 9580 ,
in Huntington Beach, California, , DEVELOPER has dedicated land
Atlanta Ave., Beach Blvd.,
along Delaware St. & Sunrise Dr. , 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 9580 ,
DEVELOPER was required by the Planning Commission of CITY to pro--
Atlanta Ave., Beach Blvd.,
vide landscaping improvements along Delaware St. & Sunrise Dr. ,
in accordance with plans and specifications submitted to and
approved by CITY; and
DEVELOPER has provided for landscape maintenance of a portion
Atlanta Ave. , Beach Blvd. , Delaware
of public right-of-way along gt, and
__aunrise Dr. ,
hereinafter referred to as "LANDSCAPE AREA" , -thich 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 mainten^-ce
rwm:ps
b/24/80
1.
of i;he LANDSCAPE AREA.
A G R E E M E N T
NOW, THEREFORE, in consideration of che• foregoing, the parties
hereto do covenant and agree as follows:
1. RESPONSIBIL'ITIES
The duties and responsibilities hereinafter described as
those of ASSOCIATIO.'d shall be theirs; DEVEMOPER shall be secondarily
responsible for all so described duties ane- responaib'lities, until
such time as DEVELOPER can snow that h,,� no longer has any interest
in the subject development.
2. TERRY
Phis 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 fog•
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 condi` - n. Mainuenance shall include , but not be
r
limited to, watering, repairing and/or adjusting irrigation systems
when failurzs ;cur, fertilizing, cultivating, edging , performing
general planting and trimming or other corrective gardening prat-
t
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
k
the landscape materials and e continuation of the aesthetic quality
2. x.
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 =-)ther m1_terial shall
not be allowed to flow o7 spray across or onto the right-of-way
from the edge of tb:, sidewalk to the center of the street. The
LANDSCAPE AREA shall be kept free from weeds, debris and harmful
insects at all times Al2. gardening and .iaintenance practices per-
formed shall conform to the Arboricult.ural and Landscape Standards
and Specifications, Division I, issued by the Department of Public,
Works of CITY.
4. DkMAGE AliD 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 U,o 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.
5. 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.
Y, INDEMNIFICATION, DEFENSE, HOLD HARMLESS
ASSOCIATION shall defen5, indemnify and hold harmless
CITY, its officers, agents and employees, from and against any aiid
all liability, judgments, damages, costs, losses, claims, includ-
ing Workers' Compensation claims, and expenses resulting from or
connected with ASSOCI.MON'S negligence or other tort''ous r.nnr'uct
in the performance of this agreement,
8. SALE OR ASSIGNPENT
DEVLLOPER and/or ASSOCIATION shall be liable icr the
t#
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 9580 , 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 CITE' 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 re,,.uired pursuant to this agreement shall be
In writing and Ceemed served when deposited in the United States
Postal Service, postage prepaid and addressed as follows:
CITY: City Clerk
City of Huntington Beach
P. 0. Boa 190
Huntington Beach, CA 92649
ASSOCIATION: Seaside Village Towne Homes Association
1666 Ninth Street
Santa Monica., California 90404
DEVELOPER• W & B B,iilders, Inc.
1666 Ninth Street
Santa Monica, California 90404
k
5e
11. ENTIRETY
This agreement contains the entire agreement- between
the parties hereto.
IN WITNESS WHEREf•i, the parties hereto have caused this agree--
m:�nt to be executed on the day and date first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor T
d
ATTEST: To FORM: '
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:'f
C y Administrator 1?irectcr of Public Works
DEVELOPER: ASSOCIATION:
W & B Builders, Inc. Seaside Vil age Towne Homes Association
a Delaware Corporation aft n. a co r on
By
Vice President President
Patrick J. Dunn A an . Borsr_ein
By By a
Ass't. Secretary Secr -ary
Brenda A. Aronson John [t. Vail
z•
a'
A
t
EXAIT A"' TA. 580
.PARKWAY MAINT'ENANCE' AGREEMENT
SEASIDE VILLAGE
- e �o ATLANTA AVE.
� �S \�P—� 20+G3.lcb �V � O d• �ooO• N 2��jX
��iP/w �� �-i �R N ti � � 1 CURB !r'/i✓ I,/'h .
t3G� zv
cmC
n oR o
Q 'rUATERFALL GRCLE d,
m
, o ,
s. voY/Nt4ouSE AaAR•raENTs
Am If+
a
w 1P3MWe
a CJ 4 SEAWALL CIRCLE 7 5.
IL
C { M A W q
C9 { a lee
o 27'
LU
B c ,a aI,6,
I �` I p*\ c e YYP
� ate+ ,
�0 ,n
Ec,q e cn
SOUTNWIND CIRCLE w t
',.. 74 7//b � 0 MAINA7A5T CIRCLE 1 I 1 w n6i en w �c ,00 a'a�7 eWil x. °� LU
If
a«u J A J AM
,M °
O
R C
a 5 A t c
CA
MOONMIST CIRCL5
I
SAILBOAT CIRCLE
a m
t
ce
G m'aR • M { C G M A 1! •.1 M eo 7{ �+r.r!/'.i
RR 7D
u � SEAE tEE ORIYEoTsi i' t9
i
a x
SEABREEZE DRIVE n
i s+ ss • °q po cr u at A OCEAN GROVE GRCL ° 120+-147 l
M A M es 9 67 td 6i -
A aA w a a:1 a BA •C CA C J t C
' a c I I _ bc
SU RISE DRIYE_�/� �-
E �� OT• r� a T'R> 8,� NOTE: 5QEx�7 `'�ov N
/.)TH/S RENDER/�l/G IS,06 IVeo F�4�M o,av ' 1h
7�] flfl'E.9 MBE 1,14/,NTA11Ve,0,5r 7-Wi-9580ONf/rE//V'Trt� C/TY OF p o
/MIME" OWi\/ERS ASsoci.9ri�N. /-/rr/V rIA16 rd 66-4 'r"/,o�.�r, oFPvi3G/C v4K�,
2)S67E P.4.14h c Ig6R67E.qFJ I77 '
F�A�Z SPEC/F/C CD NAB/T/DO'S.4-5Rs c-EO UPON 6:
AS 6 0 CM 7/01V A/V--'J/vR DE//EL OPE R
Huntington Beach Planning Commission
P.O. BOX 190 GALIFORN IA 92648
TENTATIVE TRACT 9580
Applicant: W & B Builders, Inc.
1666 Ninth Street
Santa Monica , California 94004
Request! Conceptual landscaping plan and design for entrance
islands and gating system for a previously approved
tract located on the southwest corner of Atlanta
Avenue and Beach Boulevard.
Date of Approval: December 4 , 1979
Date of Revision. Decem;er 18, 1979
CONDITIONS OF APPROVAL. (REVISED, :
Entrance Islands and Gating Sys..em: Approved subject 'to review
and approval by the Huntington Beach Fire Department.
Conceptual Landscaping Plan: Approved subject to the following:
1. Upon his concurrence received on December 4 , 1979, tho
developer and/or the future homeowners' association as tr.r
proportionally hold title to the property shall be required
to maintain the landscaping within the public right-or-tear.
This requirement shall be incorporated into the Conditions,
Covenants, and Restrictions for the subject tract.
2. If thu- developer and/or the homeowners ' association noes not
adequately maintain the landscaping -ithin the public right-of-
way, the City is authorized to do so and bill the developer or
the association. If this fee is not paid, the City is author-
ized to assess the developer and/or the homeowners , association
on the following year's property tax rolls for the costs
incurred for such maintenance. This provision shall also be
incorporated into the project's Conditions, Covenants, and
Restriction .
I here'_)y certify that the conditions of approval for Tentative `I.'r,lct
No. 9580 were revised as outlined above by the Planning Commission of
the C::.ty of Huntington Beach, California, on December 18, 1.979.
ery truly ;� 4•
J mesh W. Palin, Secretary
;df
'�ji a 9 €P r
-,:Z'xx• } i,';^{s +M �3"7 G ''r'� '`
;•1.. 'itJ,Z:.,++uxr 4'siF4'�tx'5,,. ,.:!,fir "- .` <. "'•t�>rvP' S -}y•r r� .
+'axt` ,�,,/r' N`C"E., •"7 r y }I k.Y''S7 {_ rl�a�+fl. Xr� y •C
,
:� � i Y�' rJ� br_ f " ��+`t'�1,+1! r � r r�t;rf., ;7,�✓ ;� � "Rta.r,'i a`;as'•.wa; r "..�:�i:�,� 7.4 ,>>�4h-t r r .,:a��S�"�'jtyy�7r?
i r,�;,,',F`Arors P.rronrlmr, cOVrRAGES
JAMES ECONN & CO, insurance CO
_
ZA 3055 WILSHIRE BOULEVARD •' `
Los ANGELES. CALIFORNIA 90010 COVENANT MUTUAL Y.
a (213) 366.3131 i<
ryr:, ?lr 5IU
� ALL-..-�'
a tic.:.
✓SEASIDE ' -'OWNE HOMES ASSOC.
r; C/0 B BUILD'dS, INC. i v I,n
1666 NINTH STREET IMF,-�I'� C ,,;•r ` '
r SANTA MONICA, .,A 90404
S ;
Irr.,i. �tt;..,1 y r ,7 (00 ......_.
x. .;�; {t r•7hDL ra15, U)+
1 �4
A { GLA 237 39 82 1/1/82
X,
n 500, 500,
i •500,
X ! E
I
CXCLS;i I.IP.IIII iT r
t8, and
r_1,,pLOYERS'LIABILITY `
0TNGR
nr ,
ir.ADDITIONAL INSUREr, CITY OF HUN'TINGTONIBEACH AND ITS OFFICERS AND ,
I ,R 1 1 x
r, r",r • '" ,rnn ,, .rn! r •r' L•PIPLOYEE5 WHILE ACTING WITHIN THE SCOPE OF 'THEIR DUTIES AGAINST
u ALL CLAIMS, SUITS OR OTHER ACTIONS OF ANY NATURE BROUGHT FOR OR ON ACCOUNT OF ANY INJURY DAMAGEI '
OR LOSS INCLUDING ANY DEATH ARISING OUT OF OR CONNECTED WITH THE PERFORMANCE OF THAT CERTAIN st
PARKWAY. MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, SEASIDE VILLAGE
TQWNE HOMES_ASSOC.—AND_W. &..B BUILDERS DATED JULY 8, 1980.
t., crt •...t .,., r rr.<.' :r„rr, }
vlli ^:XXXXX }' 30,- , .r„ .trrlt: r t 1 .rr. XXXXXX}{XXX
XXXXXXXXXXXXXXXXXXXXXX}CXXXXXXXXXXXXXXXXXXXR.XXXXXXXXXXXXXXitX
JANUARY 27, 1981
CITY OF HUNTINGTON BEACH*
P.O.BOX 711 J,A� M�ES ECON14 "O. r
kr HUNTINGTON BEACH, CA 92648 Byt
ATTN: JO
,. .,{
-
.ax u
*`' •.ilai Ea � -¢+aka_ 'csT�.''^> 'R' r e ,,�,. ;`CN•��a^c: ,. s'_,:7f '��` t "�, `r" ��
''t,�1a 1�;tF � �fl Y. 'fir t Nv-g mg
sue• l W
" [ '� rpm wS'• l St .PF
� `�t;�r�• .n s �+r`H�z 9�.r1 4 .,..- ,. � � � zr�� `;cam*^y ''�.�i'`-',�ys •�V,�,T_.��n, t.
Oro �f�y ` I ry�yyy p
a�>;a��
+Nlot ;•,-, �'•?�i7E.-`. iE AGENCY r
:� COPApAN)ES Ai'FCt(�E}iI�G GQVT✓RP,GwS
.GAMES •ECOHN & CO. ineurance --
3055 WILSHIRE BOULEVARD p,
F`4 Los ANaELE6,CALIFORNIA 90010 AETNA CASUALTY & SURETY
(213) 386 3131
rr
SEASIDE VILLAGE TOWNE HOMES ASSOC. I 'S C'il t A,i'O2NU
-•..irs-.^•n.F.�-r?Aa.at^fesl.�-._.._ �, .
rah, C/0 W & B BUILDERS, INC.
1666 NINTH STREET
SANTA MONICA, CA 90404
ar� [ QM
�4
{ S� Q1 S�i�1E�rl {{i1 'k
i�^t+*Irr
6 t 3-t r the t -.7
7� � _t.•�.{e.;!s,•�hr'rt.in YlrcuserEcis(0� '��'
GMIRAL hA@ILlt`f 3-
, ,, :.: _,
`44,
' A 83 GL 32202 CMA 1/1/81
Ty
�500,
500,
�� " :e'-,I t317t%l�4I.�. t if•EfL::'' -! � �� � L`
('V
i. Ni < Th a t4 h
... ...__.
E 66S rlaliiLlT`5' . ..
�x vORKERS C0P1F VN1;n
RnFLO4:)nd
E a ems _.
iS t IASIL=t'v i
v t7'l`H�R
Additional Insureds: City of Huntington Beacrh and its
officers and employees F
d��3z"+.�rs•.e.........s,sw n :.,:ax..5a...�...::. � �....i; a,:d.;..'..,...._....,.v..�.,.�....... �. .,__.._,.,.,:.: ..___,�;< ._..__.._:.� .y...�m:.:..5._._....,.::`...a.,,....,.,.__.:�:a..,,.«._;.>:;_-..........�.i.,~......,�..,e...
t ``�-'"` c-ror-'fKty`;•"'"a`'""`��`�-'r• '---'-^''° ITS OFFICERS AND EMPLOYEES WHILE ACTING WITHIN THE SCOPE OF THEN
�Y DUTIES AGAINST ALL CLAIMS, SUITS OR OTHER ACTIONS OF ANY NATURE BROUGHT FOR OR ON ACCOUNT OF AN
+ INJURY DAMAGE OR LOSS INCLUDING ANY DEATH ARISING OUT OF OR CONNECTED WITH THE PERFORMANCE OF T
CERTAIN PARKWAY MAINTENANCE AGREEMENT BY AND BETI4EEN THE CITY OF HUNTINGTON BEACH, SEASIDE VILLr
WNE-HOMES--A-SSOC:—AND T.I-'& B BUILDERS DATED JULY 8, 198Q _
CanCtiiiation: 5'imild any th( -I,UY'" dE�,.nber' i sliu F"ti'P l +rat .e r r r ,f'• t r r r t. +f� i, .,ft E [party +VEIL ocxkRXl%=u rr;w ja,
z
maii::uch notice e c-haff rtrq)t.,(.
GAIL HU14 TON
ft7M JULY 16, 1980
CITY OF HUNTINGTON BEACI? a7ArE '`.yr,r .____ _
2000 MAIN STREET B ety
ES EC®1�, & CO.
HUNTINGTON BEACH, CA 9G h� IY'Attrne -
r+a.
9
ACOSD ZS(:79)
i
1�L
City of Huntingtoneach
® TT P.O. Box Igo CALIFORNIA 92640
' OFFICE OIL THE CITY CLERK
August 19, 1980
W. & B. Builders, Inc.
1666 Ninth Street
Santa Monica, CA. 904D4
The City Council of the City of Huntington Beach at its regular
meeting held Monday, August 8, 1980, approved a Parkway Maintenance
Agreement with the Seaside Village Towne Homes Association and
W. & B. Builders, Inc.
Enclosed are two duly executed copies of said agreement for your
records.
Alicia M. Wentworth
City Clerk k
a
Enclosures
q.
x
FOR CITY COUNCIL ACTION
Submitted by Paul E. Cook C Department Ptlb.l •r Works
' Date Prepared Auaust 6 , 19_M Backup Material Attached E] Yes No
Subject Parkway Maintenance Agreement - Tract 9580 (Seaside Village
Homes/W & B Builders Inc.)
City Administrator' C UNGII:
A .
Approve as Recommended
clay C
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
Statement of Issue:
In accordance with the Conditions of Approval for Tract 9580 (southwest
corner of Atlanta Avenue and Beach Blvd.) , the developer and/or the home-
owners' association are required to maintain all landscaping within the
public right-of-way.
Recommendation:
Approve txe Parkway Maintenance Agreement between the City of Huntington
Beach and Seaside Village Towne Homes/W & B Builders, Inc.
Analysis:
On December 4, 1979, the Planning Commission revised the Conditions of
Approval for Tract 9580 to include specific reference to the maintenance
of landscaping within the public right-of-way. The revision states that
the homeowners' association and/or the developer, as they proportionately
hold title to the property, shall be required to maintain landscaping
within the public right-of-way.
In accordance with this condition of approval, the Public Works Dept.
initiated the attached agreement.
Funding Source:
N A.
Alternative Action:
Deny approval of the agreement as written.
PEC:DN:jy
pio We