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HomeMy WebLinkAbout1994-027876� � Recording Requested by a' nd When Recorded Return to: City of Arroyo Grande 214 East Branch Street P.O. Box 550 Arroyo Grande, Califomia 93420 __ -_ -- - - - - Doc No: 1994-02)816 Re� No: 00033385 Official Records San Luis Obispo Co. Francis M. Cooney Recorder May 03, 1994 Time: 08:00 � 7 � ;RF � � TOTAL 25.00 25.00 AGREEMENT THIS AGREEMENT ("Agreement") is entered into this 26th day of April, 1994, by and between the CITY OF ARROYO GRANDE, a municipal corporation organized and existing under the laws of the State of Califomia ("City"), and OTTSE INC., a Califomia corporation ("Ottse") relative to Ottse's Tentative Map Conditions of Approval, Mitigation Measures and final map for Tract 1994 in the Rancho Grande project (collectively referred to as "Final Map 1994"). One of the purposes of this Agreement is to reflect the requirements of certain conditions of tract approval in recordable form. Ottse and City are, from time to time, hereinafter referred to individually as a"party" and collectively as the "parties." NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the parties agree as follows: 1. Ottse shall finance and complete, at no cost to City, those remedial efforts described herein, for the purpose of mitigating against water erosion of that approximately 600 feet of the bank of Meadow Creek, a seasonal drainage course, which is located on Lot 77 of Tract 1994 downstream from the retardation basin constructed by Ottse adjacent to James Way and as shown on as shown on the attached sketches proposed by GTA (the "Remediation"). City shall thereupon accept the offer of dedication of fee title to the City on behalf of the public. 2. Ottse and City shall diligently determine the scope of the Remediation and the means by which it shall be completed by Ottse and accepted as complete by City ("Completion") as follows: (a) Prior to this Agreement, the site of Remediation has been studied by City personnel together with Ottse consultants and representatives of the Califomia Department of Fish & Game ("DFG") and a proposed scope of work has been prepared by GTA as shown on the attached sketches. (b) The City's Interim Director of Public Works ("Dlrector") shall consult with 'T'rac7� 149� Ottse's Project Engineer ("GTA"), Ottse's General Representative ("Representative") and any additional consultants selected by Ottse in order to evaluate the design work already conducted for the Remediation and GTA shall conduct any further design work reasonably determined by Director to be appropriate, attempting to keep the Remediation to a reasonable minimum in scope costwise, including costs of design and consultant fees. In any event, the scope chosen shall be similar in scope to that shown by GTA's sketches prepared prior to this Agreement and authorized by a Streambed Alteration Agreement issued by the DFG; (c) The final design of the Remediation shall be depicted upon engineering plans signed by GTA and which shall be submitted for approval or rejection by Director ("Action"), which Action shall be taken by Director within 10 days of said submittal. With the exception of "as-builY' engineering plans, no additional plans shall be required of Ottse or its consultants; (d) Ottse shall obtain any required permits for the Remediation from State or Federal agencies; (e) City shall charge no permitting fees for the Remediation; no performance, warranty or other bonding shall be required for the Remediation; (� Ottse shall, at its cost, cause the Remediation to be constructed; (g) City shall, at Ottse's request, promptly inspect and determine if the Remediation construction conforms to the approved plans or any subsequent amendments to them which have been approved both by City and by Ottse; (h) City shall, within 5 days of any such inspection, specify in writing to Ottse any deficiencies it discovers in the inspection, and shall set forth a complete and final list of the items to be resolved as can be reasonably determined from that inspection; (i) Ottse shall file with City a set of "as-builY' engineering plans representing the Remediation as installed; (j) City's approval of the Remediation construction shall signify Completion. 3. Upon Completion of the Remediation, the following shall immediately occur: (a) City shall accept the Remediation on behalf of the public concurrent with item 3(c) below; � (b) City shall thereafter be solely responsible and liable for the Remediation, including without limitation, its maintenance, care, operation and good repair; For purposes of the Declaration of Restrictive Covenants applicable to Tract 1994 and that certain written agreement entered between City, Ottse, DFG and the homeowners association for Tract 1994 which deals, among other things, with maintenance of improvements within Lot 77 of Tract 1994, the Remediation shall be "natural drainage" and not a"drainage facility". (c) Ottse shall grant, dedicate or otherwise convey fee title to Lot 77 to City, and City shall accept fee title to Lot 77 to City. City shall accept such dedication at one of the next two regularly scheduled City Council meetings immediately following the Completion of the Remediation. City shall have already accepted with the Final Map the offer of dedication of the multi-purpose paths on Lot 76. Upon City's acceptance of the multi- purpose paths, both within Lot 76 and Lot 77, and of all other trails within Lot 77, City shall be deemed to have accepted the responsibilities set forth in Condition 19 to the approval of Tract 1994 as follows: "Said trails shall be opened to the public only upon the City or other responsible public agency accepting responsibility for maintenance and liability." (d) The Completion of the Remediation fully satisfies the third sentence of Mitigation Measure No. 25, which states "Any trail system which utilizes the drainage area adjacent to James Way shall be constructed in a manner or a location which will not be adversely impacted by such drainage improvements." 4. Ottse shall not be required to change its Final Map; if requested by City, Ottse shall execute a document in recordable form reaffirming those offers of dedication contained in the Final Map of Tract 1994. 6. This Agreement shall, but not by way of limitation, be enforceable by an action for specific performance in a court of competent jurisdiction. 7. Neither this Agreement nor anything in it shall be used by either party as an admission against the other. 8. This Agreement shall constitute covenants and/or servitudes which shall run with the land (Lot 76 and Lot 77) and shall bind and inure to the benefit of the parties hereto and to their successors in interest and areas of responsibility. 9. This Agreement shall be caused to be recorded in the Official Records of the County Recorder of the County of San Luis Obispo concurrently with the final map for Tract 1994. 3 IN WITNESS WHEREOF, this Agreement has been approved by City and Ottse and has taken effect as of April 26, 1994. �� CITY OF ARROYO GRANDE Matthew P. Gallagher jJf, Approved as to For "City" Hatch and Parent content: By: Peter N. Brown "Ottse" OTTSE INC. ' � By: � �O� � i.�-G.�/ Donnalee Salzgeber,� For Ottse Inc. / Peter C. Miller, Attomey and General Representative ACKNOWLEDGMENT State of California County of San Luis Obispo ) On � 'i� , 1'994 before me, .L�is�/C /�i�ouisT , personally appeared Donnalee Salzgeber, Secretary of Ottse, Inc., a Califomia corporation, 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and (seal) 11C�MY p� � ` r My C�pnn�E� hb. 11.1!!! 4 � � � ` �`. _ c ��� 21 .' ��-cr � � !�� �-( � W °1 �� � c c 7� . � .�� � -, ����� ~ A �r: _ � ��� �A �� , h' � �� '� � `�-� � `` �- V � ;�. , , e. `- „' L' �r �P � �` J��F( �< � � �--•� f C �� , � �� /L40W5 4' 1/ � �� J � C Y �i , �� ` � � ,. 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AGR�EI�ILNT REC�,,,�tllING PROPOSED STREAM OR�-�AKE ALTERATION TFris „f $[ate into nafter called the operator, is as hereinafter called the Department, 1 � � W ifREAS, pursuant tu llivision 2, Chapter 6 of California Fish and Came Codc, the operator, on the ���y of �, , noli(ied the Department that he lntends [o substantially divert or obstr�f t t r flo�y o r t stanUally change the bed, cfiarinel, or b� k of, or use muterial From the streambed of, the following water. �� 1� � 1��� , �n the County of —f��—, State oF California, S�� ' T R�� . WHEREAS, the Departmen[ —��t day oF such ocerations mav substanrinllo: of CaliEorqia, has made an Tide THEREFORE, the Department hereby proposes meazures to protect fish nd w lif uri4y,�h ta 's woyk, ' ��ppetator hereby aKrees to accept the following recommendations as part of his work: Numbers � 2� �� (�( ��� � / (r�in the list of recommendations on the back of Ihis page and the following sp cial reco �me datio s ( ( 1� 1�\II wurk in or near the stream or lakb shall be confined to the period _J.��7 '�'� ��� �� .... , �_.,�. .. ,,. .. _ ., -^ - - "r'_ The operator, as designated by the signature on this agreement, shall be responsible Eor the executiortoE all dements oE this agreement. � copy of this agreement must be provided to contractors and subcontracrors nnd must be In their posseuiOn at the work tite. I( thc operator's work changes !rom that stated in the notiEication specified ebove, this agreement is no longer valid and a new �,�tif �cation shall be submitted to the Depertment of Fish end Game. Failure [o comply with Ihe provisions of this agreement and wlth othet ;��•iiinent Codc Section3, incluJing but not limited to FYsh and Came Cc�e Sections SG50, 5652 and 5948, may rosult in proxcution: Nothmg in this agreement authorizes the operator to trespass on any land or property, nor dces it relieve the operetor of responsibility t�, coinpliance with applicable Federal, state, or local laws or ordinances I'HIS AGREEMENT IS NOT WTENDED AS AN APPROVAL OF A PRO)ECT OR OF SPECIFIC PROJEC'f I �:.a7'UReS BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REV[Ew AND RECOMMENDATIONS WILL lti? PROVIDED T3Y THE UEPARTMENT' AS APPROPRFATE ON THOSE PROJECTS WHERE LOCAL, STATE, 'ON I t:DEHAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED. _ 11iis mi /////%%'�QA�� / i/ � J� ' ' '� � l + � � � I .iG. � i i ���s�n�cii�n was nm made, cross out words within parrnthuex �-F�,QF AO�Ii.MENZ._. _ . 7 of subject area on the } J�gs detgrmined that Department of Fish and Came, State of CaliforNa �L �. Date � �� �,.n ., �..� n.