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Home My WebLink About1997-035136,- . (�{I G{� D 1'11 I� Recording Requested byeand WhNn Recorded ReWm to: City of Arroyo Grande P.O. Box 550 Arroyo Grande, California 93421 _ __ __ _. _ Doc No: 1991-035136 Rec No: 00045633 Official Records ;RF San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Jul O8, 1997 ; Time: 08:00 ! ` VJ ;TOTAL 19.00 19.00 AGREEMENT TO PROTE T OAK TREES This Agreement is entered this _�day of u.uC , 1997, by and between the City of Arroyo Grande, California, a municipal corporation ("City") herein), and OTTSE INC., a California corporation ("Developer" herein). WHEREAS on April 3Q 1991, the City Council conditionally approved Developer's Tentalive Tract Map 1997, which is a subdivision of Parcel 8 of Pazcel 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. 82 to that approval reads in part as follows: "82. The developer shali enter into an agreement with the City such that if any tree is destroyed during construclion of the Vact 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: Prior to beginning grading or other construction of subdivision improvements on the Tract 1997 site, Developer has supplied to City a Tree Removal and Protection Plan for Tract 1997 (the "Plan") which designates in detail the location of all of those oak trees, including their apprmcimate sizes, (A) which aze 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 1997. 2. The Plan may be modified only with the consent of the City Community Development Director, in consultation 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 1997 subdivision improvements. 4. All moving ofthose 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 azborist 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 regazd to all other oak trees on the Tract 1997 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 1997 approval. They shall further generally exercise all reasonable and due care towazd 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, mitigatioq or duty of due caze and, as a resuit, 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 penalty 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" shall 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. OTTSE INC. Dated: G� 9 , BY: ��Qee�_�/.� i Donnalee Salzgeber, Secretary CITY OF ARROYO GRANDE Dated: 7 � 9� , By: K. "Pete" Attest: u • � Nancy Da s, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ��l.l l TTNv�iG� County of �C✓,.� Lu i S ��i SrJ,� On �.1 UnP �"� � ��7 � before me, �j E�. I`I"�,�L,c�" I�/0 rr1,'ti 1'U��,� D te ` Name tl Ttle ot Officer (e.g., "J e Doe. No�ary Publlc" personally appeared Signer's Name: �personally known to me – OR – O 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/herftheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), WErupvnCq�qar or the entity upon behalf of which the person(s) acted, �TM�+; �� executed the instrument. � -. rararr�ac—cadarrdo San LW Obtrpo Counry nnycomm.Expi�esFeb i,2oop WITNESS my hand and official seal. �P1+-�e�- ��,c,.5�� Signature oi NMary Public OPT/ONAL Though the inlormation below is not required by /aw, it may prove valua6le to persons relying on the document and could prevent iraudulent removal and reattachment of this lorm to another document. Description of Attached Document Title orType of Document: A�"�r+�� -I� Q�i� l�a.k i re� i r[�' 1991 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ ❑ ❑ ❑ Partner — � Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER � 1995 National Notary Association • 8236 RemmetAve., PO. Box )186 • Canoga Park, CA 91309-9184 ProU. No. 590] Reortlec Call ToIFFree 1-800-W6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo On July 1, 1997 beforeme, Date Nancy A. Davis, Notary Public Name antl T�le of ORicer (e.g., "Jane Ooe, No[ary Public") personally appeared A. K. "Pete" Dougall , � Name(s) o( 5iqner�s) �'personally known to me — OR — 0 proved to me on the basis of satisfactory evidence to be the person(�'f whose name(�j is/a� subscribed to the within instrument and acknowledged to me that he/syfe/tF�y executed the same in his/hydr/th�(r authorized capacity(iss}, and that by his/h�r/tlydir signature(qJ on the instrument the personlg'}, �� or the entity upon behalf of which the person(�q�J acted, �� executed the instrument. MelaY Ablc —Ct�anla 8ai Lult ObYDO �Y wMCam►E�K�a�•� WITNESS my hand and official seal. `7? a.u.�. C� • �� S' W re of Notary Public ❑ ❑ ❑ ❑ ❑ ❑ C OPTIONAL Though the inlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent lraudulent removal and reattachment ol this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: R ■ ■ ■ ■ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER m 1995 National Notary Association • 8236 Femme� Ave., P O. Box ]184 • Canoga Park, CA 91309-]18G Protl. No. 5901 ReoMec Call Toll-Free 1-800-8)fi-689 END OF DOCUMENT