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Home My WebLink AboutSHAFFER DEVELOPMENT INC - MILLSTREAM CONDOMINIUMS - 1980-10-06 CITY OF HUNTINGTON BEACH 2000 MAIN STREET C.�,IFORNIA 92648 OFFICE OF THE CITE!CLERK December 2, 1980 ShafFer Development 2207 Main Street Huntington Beach, CA. 92648 Enclosed is a copy of an Agreement for Parkway Maintenance between your company and the City which was approved by the City Council on October 6, 1980. We are aisc enclosing a copy of your insurance for your, files. Alicia M. Wentworth City Clerk AMW:bt EnclosurEs ITaiaphone:71 A-536-5227) 1V517 y3�+ REQUMT FOR CITY rouw@ ACTION Submitted by Paul E. Cook " Department Public Works Oate Prepsred September 26 , 19 80 Backup Material Attached F� Yes No Sub;ect Parkway Maintenance Agree �e*tl -Trait ��i j�� ].St rpam H�mgnwnPrs A�zaoci ati -KL/-al1ff-r nevel npment) City Administrator's Comments Approve as recommended. Statement of Issue, Recommendation, Analysis, Funding Source,Alterna•t;ve Actions: Statement of Issue: In accordance with the Conditions of Approval for Tract 9671 (northwest corner of ;earner Ave. and Beach Blvd,.) , the developer and/or the Homeowners Association are required to maintain all landscapinc within the public right-of-way along Warner avenue. Recommendation: Approve the Parkway 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 Permit #79-18 authorizing development of the Millstream condominium project on the north side of Warner Avenue, west of Beach Blvd. with the anderstanding that the developer and/or Homeowners Association, as they proportionately hold title to the property, wil], maintain the landscaping within the public right-of-way along Wa,i,.ar Avenue. In accordance with this Condition of Approval the Public Works Dept. ini- tiated the attached agreement. Funding Source: N/A. Alternative fiction: Deny approval of the Agreement as written. PEC:DN:jy U P40 V78 47 PARK14AY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 2nd day of September ', 1980 , by and between the CITY OF HUNTINGTOrd BEACH, a municiptL corporation of the State of California, hereinafter referred to as "CITY" , and &fit.fs:Aecan C'oyidonlilitums, A L-unt-ted Par,tlr.:7-sl((n hereinafter referred to as "ASSOCIATION" and �SI(Q11i1e7 �C'l«L'('Imwi'lt, lite. a CO('c''o:&-t Co'tpo'taticc ( hereinafter referred co as "DEVELOPER". a E 0 1 T A L S WHEREAS, in connection with the development of Tract 9671 , in Huntington Beach, California, DEVELOPED 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 , DEVELOPER 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 mainte ;,ice of a portion of public right-of-way along, Warner Avenue y hereinafter referred to as "LANDSCAPE AREA" , which area is set- a 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 CWM:ps 6/24/80 1. _, y . .f. of the LANDSCAPE AREA. AGREEMENrk 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 theira; 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, out 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 a:nd 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 i 2� F ,r of the rrea. 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 flcw or spray across or onto the right--of-way from the edge of the sidewall. to the center of tb- street. The LANDSCAPE AREA ,sha'll be kept free from weeds, debris and harmful insects at all times. All gardening and maintenance p.,actices per- formed aha11 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 iiscove ry 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 A?E'A in a satisfactory condition, as described in ; ;ryagraph 3 hereof, CITY .shall give written notice of such failure to both ASSOCIA" . ' and DEVELOPER. Should any failure not be corrected within thli� v (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 followi,ig year. 3.. ,r 6, INSURANCE ASSOCIATION shall obtain a policy of comprehensive bodily injury and property damage liability insurance , and maintain such policy in effect i; the period covered by this agreement , pro- viding coverage for bodily injury and property damage in the mini- mum amount of $3b0,000 combined single limit per occurrence. The policy shall name, as afditional assured, CITY and its officers and employees, while acting within the scope of thei,- ,uties, against all claims, suits, or other actions of any n ire brought for or on account of any injuries, damage or loss, including any deaths arising cut 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 Dancel or modify the policy without thirty (30) days' prior written notice to CITY. ASSOCIA- TION shall give CITY proi_pt and timely notice of any claim made or suit instituted. 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS ASSOCIATION shall defend, indemnify and hold harm7pss 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 toftious conduci; in the performance of this agreement. 6. 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 evert DEVELOPER and/or ASSOCIATION sells or otherwise assigns the property described as Tract 9671 , and the buyer or assignee assumes ASSOCIATION'S obligations ender this agreement, DEVELOPER and/or ASSOCIATION shall be thereafter released from such obliga- tions., The DEVELOPER and/or ASSOCIATION shall give w�-,Itten 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 Beacn, CA 92648 ASSOCIATION: Millstream Condominiums, a Limited Partnership 7831 South Lake Drive Hantin ton Beach, CA DEVELOPER: Shaffer Development , Inc. 2207 Main Street Huntington Beach, CA 92648 5� 11. ENTIRETY This agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto nave caused this agree- ment to be executed on the day and date first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ems` ATTEST: APPROVED AS TO FORM: ' City Clerk y� City Attorney,,.,, v, REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admini rator Director of Public 'Works DEVELOPER: ASSOCIATION: i.fitE'St,tecun Cc�idorni�2•tuni3, SHAFFER DEVELOPMENT, INS' a Ltm.E.ted Paa-tie zsUp_ P siden GENE AL PA iVER y -1 �futlG.. ! 1xlo: ecru Sec ry 6. '•y tJOI-E i a � /1. () TH15 tZENLDEW-]M& 15 DEICIVED F�M '! MAC-T- 9.71 �J ohi 1=ILE, Ir`L -T-HE :::j17Y OF HULUTIIJ&'TON r3C,aCP, DEF'-r- �+ ;>F F UE5L.IG WC4,z,K.>. 0 0 �E'E G'Ak2K4/sa`r MAII�lTE1.1at`lCE !1 SF�F MElJ f F-<--�Fzz I "Ji ^;, f-- \✓ -r-I.1� .�,r�r,/c!� Tit*vL r�l�!✓�. ' 0 0' o- o �l' w qd ZD ae 6•. � - / pe10a /� `a�4c' ` � / / � � '/ P=/Ho. i R.ac+.. / / �t `071 'T'� _ At2�. Tc� F..�� M,oJ►`IT.oJt�!�1� bY' / u NOh'it✓ ��wt`l�l� ASC��GIATI�r~I o io 2Q �. N Returt+original and three copies of W��f pleted certificate to: CER—t 1FfCATE OF INSURANCE er A Original—Originating Dept. Approval Yellow—Risk Manager City of Huntin TO By City Attorney Pink—City Clerk gjd ��,,. Gold—City Attorney Dept., ( CITY OF HUNTINGTON BEACH,CALIFORNIA P.O.Box 190 Huntington 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.O.Box 190,Huntington Beach,California 92648. _/ e� mr :r Name of Insured SHAFFER DEVELOPMENT, INC. /�" Address of Insured 2207 FAIN STREET, SUITE 30, HUNTINGTON BEACH, CA 92648 Location of insured Operations Parkway Maintenance Agreenent Tract 9671 Description of Operations POLICIES IN FORCE POLICY LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION A, Workers Compensation Statutory Employers'Liability $ B. Public Liability: *^$300,000 combined single limit per occurrence. Bodily Injury: Manufacturers and Contractors❑ 9-7--80 9-7_81 $ * Each Person Comprehensive LGLA76 6660 General $ * Each Accident (Including,,roducts completed operations) Property Damage $ Each Accident C. Automobile Liability: Bodily Injury $ * Each Person $ * Each Accident Property Damage $ * Each Accident Does policy cover: (Please check at least one) All owned automobiles ( )Yes ( X 1 No Non-owned automobiles (X )Yes ( 1 No Hired automobiles ( 1 Yes (X )No D. Additional Insured Endorsement: 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. HoIJ Harm?ass Agreement: By insud: 0 I . .fcc— (Signature) The insured agrees to protect,defend, indemnify and so armless the City of Huntington Beach against loss,damage ov 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. APPROVED AS TO FORM: F. Remarks: s GAIL HUTTON —. City Attorney By: De y City Attorney October 17 t 1980 Date AUTHORIZED REPBgSENTATIVE OF INSURAf�iCE G IMP/aNY INSURAN E COMPANY —'� Li.ncoln Insurance Companysy Signature of Authori2gd Representativa/Agent Name C vnna¢ q�Qttrp 1 tta T.i nrs� MATHERS AND ASSOCIATES Addres Insurance BBrrookers Address 3106 E. Wil,lOW St., e y '083:00 Long Be city Los An eJeSp cA 90010 Telephone -(21 426-8341 Adak City of Huntingto Beach P.A. BOX 190 CALIFORNIA 92648 r z j ? � 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:js cc: Shaffer Development, Inc. 2207 Main Street Huntington Beach, California 92648 Don Noble - Department of Public Works x Y d k