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Home My WebLink About1998-0425901ZECORDING REQUES'1'F.T) RY'AND W[$N HLc:ORDED ?�iAll. TO: CITY OF ARROYO GRANDE CITY CLERK'S OFFICE P.O. BOX 550 ARROYO GRANDE, CA 93421 Doc No: 1998-042590 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Jul 13, 1998 Time: 08:00 [ 4] 'f1llS L� Rpt No: 00054574 ;RF -1 16.00 � � � � i � � � � ;TOTAL 16.00 _AGREEMLI� TO CONSTRUCT ON STTE/OFF STTE A�PROVEMElYTS Tttis Agreement is made and entered thislb' aay of 7une, 199A by and between ES7 Centcrs, LLC, ("Developer") and the City of Arroyo Gcande, Califomia ("Ciry"). Recitals ,S. Developer is the ovmer of that certPin real property consisting of approximately 45 acres within the City of Atroyo Grande (the "subje��t property"). The legal description and diagram of the subject property is attacl�ed hereto as E�chibit A and incorporated l�erein by this reference. This a�reement also includes the construcuon of improvements on an adjacent pazcel o��med by Weststar Real Estate, Inc. g, Chi July 9, 1996, the City Council adopted resolu�ion No 3157 approving, amon� other things a Tentative'I*act Map and PD Specific Plan/Conditional Use Permit No. 96-541(the "Specific Plan".) Tha Specific Plan provides for commercial development of approxirnately 360,000 square feet (the `Project"). Approval of the Specific Plaa is subjeLt to certain conditions and mitigation measures ineluding requirements to constcuct certain on site and off site imptovements. C. Developer has requested issuance of initial permits to begin construction of the Project. The City in issuing such permits desires to obtain addiuonal assurance that the required on site and off site improvements will be completed as required by the conditions of approval and nutigation measures. Developer has agreed to provide such additional assurance. NOW, '1'HEKEFORE, the parties hereto agree as follows: 1. Developer shtill complete all required on site and off site improvements required by the conditions of approval and mirigation measures for the SpeciSc Plan. Afl such on site and off site improvements either (i) shall be completed prior to the issuance of the first certificate of occupancy fot any building on the property; or (ii) in the event t6at some of the on site or off site improvements are not cnmpletecl prior to the the issuance of the 5rst certificate of occupancy, Developer shall provide an irtevocable letter oP credit in favor of the Ciry which shall provide that the City aiay draw upon and utilize the proceeds from the letter of credit for completion of all required on site and off site improvements if 'I':1TRV19�AGRWGRA\12CONSTR6t 1 :063001�f161798 Developer haS not wmpietzd all such impruvements within �eight (8) months after issuance of the first certificate of occuPancy fot the Project. 2. The urevocable letter of credit shall be issucd by a bank and in a form acceptable tn the City Attomey. The amount of the bond shall be One Hundred and Fifty Pereent (150°'0) of the estimated cost to complete all on site and off site improvements which have not �been completed at the time the first certificate of occupancy is issued; the estimated cost to complete improvements shall be subject to the written approval of the City Engineer. 3. Notwithstandin� anything to the contrary herein, Developer ac}:nowledges and agrces that the Ciry will not issue a certificate of occupancy for any building on tbe subject property unless (i) the parl:ing available at the time the certificate of occupancy is issued satisfies Yhe numerical parking requirements of the City's municipal �ode for the use to be conducted and (ii} all required off site and on site improvements, including, but not limited to, parking, landscaping end urilities have been substanrially completed. For purposes of this section, substantially completed shall mean that at least 100% of all off site and 80% of all required on site improvements have been constcucted and aze ready for use, as determined by City. 4. On site improvements sha�i include a.11 Project work on the subject property except the buildings to be constructed. 5, In the event that any action is brought to enforce the terms and conditions of this Agreement, the prevailing party in such action shall be entitled to an eward of reasonable costs and attorney fees. Centers, LLC Kenneth P. Slaught ,• Senior Vice President The City of Arr o Grande �l $y.A. K."Pete" Douga 1, Title: Mayor T:�TRwNS�AGR\P.GSA\12 CoNSTR.611 206300I'A67798 STAT& OF CALII�ORNTA ) ) ss. COUNTY OF �!L'�Q ��i.✓a- � I j f�`� 199R, before me, � A,� � e. i LL'�C_� ND'�' �-C_—� Personall}, On � • . yy��vi�eacaj to be �� sonally kno��i to mc ( lhe person whose name is subsc bed to the witivtt iastrument and acknowledgad to me that he ewccated the same in lvs aud�avrd uvpacity, and th°t b5' his sigiature on the inslrumrnt, the person or the rntih� upon behalf of which the person acted executed tlx instrument. WITNFSS my hand smd official seal. Sienature STATb OF CALIFORNIA COUNTY OF S�r7 LUIS oBTSpn ) ) ss. ) _.;.: . �uuE uh - � �..� ni:slon R 1129470 � NoJary Public — CoBfqryo Santa Barbam CouMy �`�Y ConrR ExpMes Mar 12. �i r , 199R, hefore me ��Y A Davis City Clerk , personally pn June 30 evidcnce) aPpea[od A K "Pete" Douga l l, pe*S��Y �� to me (or proved to mc on the hasis of sal�sfactory to be thc �son wl�ose ruune is subscribed to the wichin instriimrnf and aclmowl�:dged to mc that she ea:ecuted lhe Sunc in h�r �thoci�d capacity, and thet lry her siF,nature on the inshwnent th� person or tl�o entity upon bchalf of which the pezscm adcd executed tbc insuumenk WITNESS my hand and official seat. � ' i_.. _ � '� �J � rwruw w onvs co„r,+.�on � �aa9�sv Cclfonia � abYPo Ca+dy MyCO�m� E�Ww�p 7.7m0 'i'.\'['RAlaSV1GR`,AGWV.I2CONS�IRfit I 2063D01�067778 EXHIBIT "A" Parcels 2, 3, and 4 of Parcel Map AGAL 95-133 on file in the office of the County Recorder of San Luis Obispo County, State of California. END OF DOCUMENT