R 3301
RESOLUTION NO. . 3301
A RESOLUTION OF THE CITY OF ARROYO GRANDE
APPROVING AN AGREEMENT TO CONSTRUCT ON-
SITE/OFF-SITE IMPROVEMENTS
WHEREAS, the Five Cities Center project has been approved for development by Council
Resolution 3157; and,
WHEREAS, in order to facilitate the orderly development of theprbject, the develop~r
desires to obtain permits and construct buildings individually over a reasonable period of
time; and,
. WHEREAS, prior to the issuance of a building permit, the City desires to obtain assurances
that the entjre project will be constructed, as envisioned by the approval of Resolution
3157; and,
WHEREAS, the developer of the Five Cities Center project has provided such assurance
by offering the attached Agreement to Construct Improvements.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves the Agreement to Construct On-site/Off-site Improvements attached as
Exhibit A, and instructs the Mayor to sign the Agreement on behalf of the City.
On motion by Council Member Runels ,seconded by Council Member Lady , and
by the following roll call vote, to wit:
AYES: Council Members Runels, Lady, and Mayor Dougall
NOES: None
ABSENT: Council Member Fuller
ABSTAIN: Council Member Tolley
the fOregOi~~ was adopted this23rd day of June. ,1998
A.K. "PJ::TE" DOUGALL~ MA
RESOLUTION NO. 3301
Page 2
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ATTEST:
fJ~a.~.
NANCY A. VIS, CITY CLERK
A~D AS TO CONTENT:
--L.t-htG\
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
('""'0
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
~tate Qf California, do hereby certify that the foregoing Resolution NO.3301 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting. of said
Council qn the 23rd day of Juhe, 1998.
WITNESS my hand ~~d the seal of the City of Arroyo Grande affixed this29thday of June
1998.
'11 ~ a. ~-'~-'
NANCYA. AVIS, CITY CLERK
. RESOLUTION NO. 33.01
RECORDING REQUESTEO BY AND
WHEN RECORDED MAll.. TO:
TIM CARrvfF.T., ESQ.
Lyon ~ Carmel
1104 Palm Street
San Luis Obispo, Califomia. 9~40 1
51' J\CF. ABOVE nllS LTNE. FOR REcORDER'S USE
AGRE~NT TO CONSTRUCT ON SITFJOFF SITE IMPJ{OVEJ.\.1ENTS
.
This Agreement is made and entered this\t+day of June, 1998 by and between ESJ Centers, LLC,
("Developer") and the City of AIroyo Grande: Ca1ifomia ("City").
~ecita1s
A. Developer is the owner of that certain real property consisting of approximately 45 acres
\vithin the City of Arroyo Grande (the "subjel.i property"). The legal description and diagram of the subject
property is attached hereto 2.S Exhibit A and incorporated herein by this reference. This agreement also
includes the construction ofimprovements on an adjacent parcel owned by Weststar Real Estate, Inc.
B. Onluly 9, 1996, the City Council adopted resolu\ion No 3157 approving, among other things
a Tentative Tract Map and PD Specific Plan/Conditional Use Permit No. 96-541(the "Specific Plan":) The
Specific'Plan provides for commercial deve10pment ofal>proximately 360,000 square feet (the ""Project").
Approval of the Specific Plan is sllbjeGt to Certain c~nditions and mitigation measures inclllding requirements
to construct certain OD site and off site improvements.
C. Developer has requested issuance of initial permits to begin construction of the Project. The
City in issuing such permits desires to obtain additional assurance that the required on site and off site
improvements will be completed as required by the conditions of approval and mitigation measures.
Developer has agreed to provide such additional assurance. _
NOW~ THEREFORE~ the parties bereto agree as follows:
] . " Deveioper shall complete all required on site an~ off site improvements reqp.ired by the" .
conditions of approval and mitigation measures for the Specific Plan. All such on site and off site
lqtprovements either (i) shall be completec;1 prior to the issuance ofthe first certificate of occupancy for any
building on. the property; or (ii) in the event that some of tbe on site or off site improvements are not.
completed prior to the the issuance of the first certificate of .0Gcupancy~ Developer shall provide ~
irrevocable letter of credit in favor of the City \\ThiGh shall provide that the City may dra.w upon and uti1ize
the proceeds from the 1etter of credit for completion of all required on site and off site improvemen~s if
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RESOLUTION NO. 3301
Developer has not completed all such improvements 'within ,eight (8) months after issua.nce of the first
certificate of occupancy for the Project.
2. The irrevocable lett~ of credit shall be issued by a bank and in a fonn acceptable to the City
Attorney. The amount of the bond shall be One Hundred and Fifty Percent (150%) of the estimated cost to
complete all on site, and ~ff 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
ofthe City Engineer. . - .
3. Notwithstanding anything to the contrary herein. Developer acknowledges and agrees that
the City will not issue a certificate of occupancy for any building on the subject property unless (i) the parking
available at the time the certificate ofoccupanc;y is issued satisfies the numerical parkins requirements of the
City's municipal coue for the use to be conducted and (ii) aU required off site and on site improvements,
including, but not limited to, parking, landscaping and utilities have been substantially completed. For
purposes of this section, substantially c,ompJ.eted shall mean that at least 100% of all off site and 80% of all
required on site improvements have been constructed and are ready fOT use, as dete.r.rnined by City.
4. On site improvements shall include all Project work on the subject property except the
buildings to be constructed.
s. In the event that any action is brought to enforce the tenns and c.onditions of this Agreement,
the prevailing party in such action shall be entitled to' an a.ward of reasonable costs and attorney fees.
J3 . Kenneth P. Slaught
T Ie: Senior Vice 'President
The City of Arroyo Grande
By:
Title:
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RESOLUTION NO. 3301
STATE OF CAtlFORNTA )
Sln . )55.
COUNTY OF {a. fur lxJJo..., )
On ~ . 1998. before me, Jl.Jj,'e., 1CLtt 1 ~ personally
appeared sonally knO\"\ll to me (9f pr~/cd to me ~n . . . . ~.;ideflco) to be
the p=rson \vhose l1ame is subse "bed to the within instrument and acknowledged to roe that he exceLlted the samc .iahis
aLlthorize.d capacity, and that b)i his signature on the inslnuncnt. the person or the entity upon behalf of which the pe~son
'acted executed the mstrument.
WITNESS my hand and official seal. ,--- ~ .~ ~ --. ~. .... _ ..... ~ .... -.
~ @.JUlIeTATE 1
. j -.: N t""ilM>lon' ))29478 .
Signature _ 'uJl< J ~ ~o~~ ~
My Convn. expires Mor 12, axil
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On . 1998. before me, .-J personally
appeared . personally known to me (or proved to mc on the basis of satisfactory evidence)
to be the person whose nam~ is subscrilied to the within instrument and acknowledged to me that she executed the S~e
in her authorized capacity. and that by her signature on the instrument,. the person or the entity upon behalf of which the
person acted executed ~b~ instrument.
WITNESS my hand an.d offida.' seal.
Signature
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