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Recording Requested by�an Doc No: 1996-044251 Re� No: 0001 5738
WhenRecordedReturnto: official Records ;RF �s.00
San Luis Obispo Co. ;
City of Arroyo Grande � u 1; e �. Rodewal d ;
214 East Branch Street Recorder ;
P.O. Box550 sep oa, isss ;
Arroyo Grande, Califomia 93420 r i me : os : oo ;
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This Agreement is entered this 19th day of August , 1996, by and
between the City of Arroyo Grande, Califomia, a municipal corporation ("City") herein, and
Darren Shetler ("Developer" herein).
WHEREAS on April 30, 1991, the City Council conditionally approved Developer's
Tentative Tract Map 1834, which is a subdivision of Parcel 6 and e-portiomofParcel 9,
Parcel Map 77-103, as recorded in Book 28 at Page 85, in the City of Arroyo Grande, said
maps being on file in the Office of the County Recorder of San Luis Obispo County,
California, and;
WHEREAS Condition No. 84 to that approval reads in part as follows:
"84. ...The developer shall enter into an agreement with the City such that if any
tree is destroyed during construction of the tract improvements, which was
designated on the approved subdivision plans to be retained, the developer shall
pay a fee of $5,000.00 per tree to the City. This payment shall be in addition to
replacement requirements in accordance with the mitigation measures. The form
and content of said agreement shall be subject to the approval of the City Attorney."
NOW THEREFORE, in an effort to promote the preservation of oak trees during
the construction of subdivision improvements, the Developer and City agree as follows:
1. Prior to beginning grading or other construction of subdivision improvements
on the Tract 1834 site, Developer has supplied to City a Tree Removal and Protection Plan
for
Tract 1834 (the "Plan°) which designates in detail the location of all of those oak trees,
including their approximate sizes, (A) which are intended to be saved and relocated (B)
which shall be mitigated for, but for which Developer intends to take reasonable efforts to
save and reuse (C) which shall be mitigated for and destroyed during the construction of
the subdivision improvements and (D) which shall be pruned during construction of
subdivision improvements. The Plan is the Tree Removal and Protection Plan required
pursuant to Mitigation Measure 12, also adopted April 30, 1991 with regard to the approval
of Tentative Tract Map 1834.
2. The Plan may be modified only with the consent of the City Community
Development Director, in consuitation with the Parks and Recreation Director.
3. The Plan sets forth all of the measures which Developer agrees to take for
protection of trees during the construction of the Tract 1834 subdivision improvements.
4. All moving of those oak trees described in 1(A) above shall be performed by
a person or company experienced in the business of moving trees. Developer shall have
no liability to City for such moving or for damage or destruction occurring to those trees
during said moving.
5. All pruning of those oak trees described in 1(D) above shall be performed by,
or under the direct supervision of, a licensed arborist or similarly qualified person.
Developer shall have no liability to City for such pruning or for damage or destruction
occurring to those trees during said pruning.
6. Developer shall have no liability to City for the fate of any tree described in
1(B) or 1(D) above except for the replacement mitigation.
7. With regard to all other oak trees on the Tract 1834 site, Developer and
Developer's agents, contractors and subcontractors shall comply with all conditions and
mitigations relating to oak tree protection and preservation which were adopted as part of
the Tract 1834 approval. They shall further generally exercise all reasonable and due care
toward protection and preservation of the oak trees on the Rancho Grande project.
8. In the event that they, or any of them, shall fail to comply with any such
condition, mitigation, or duty of due care and, as a result, one or more oak trees is
intentionally or accidentally destroyed or removed from the Rancho Grande project site,
then Developer agrees to promptly pay to the City of Arroyo Grande a penalty of Five
Thousand Dollars ($5,000) for each tree so destroyed or removed.
9. The penalry set forth herein shall be in addition to, and not in place of, any tree
replacement required by any applicable condition or mitigation measure.
10. For all purposes of this agreement, an "oak tree" shail be defined as a living
oak tree having a trunk diameter of not less than 4 inches when measured one foot above
ground level.
11. This Agreement shall bind and inure to the benefit of the parties hereto and
to their successors in interest to all governmental interests and the above described real
properties.
Dated: g 1 ' Q6
Dated: g a9 96 ,
Darren Shetler
By: ��^—^ ,.,�%-G��
Darren Shetler
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Attest:
Nanc avis
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On g I� , 1996 before me, �� I�ck��� ,
personally appeared, Darren Shetler, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within
instrument and acknowledged to me that, he/she/they executed the same in his/her/their
authorized capacity (ies), and that by his/her/their signature (s) on the instrument the
person (s) or the entiry upon behalf of which the person (s) acted, executed the instn�ment.
WITNESS my hand and o�cial seal.
Signature
C#85.ds
3
(seal) �"�
d�r
waiwReaH. ne�i.aam
END OF DOCilfNENT