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HomeMy WebLinkAbout4100-41111 RESOLUTION NO. 4111 (1980 Se-ies) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MCCARTHY TANK & STEEL TO COMPLETE THE INSTALLATION OF A WATER MAIN AND FIRE HYDRANT LOCATED AT 313 SOUTH STREET, SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows' SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and McCarthy Tank & Steel is hereby approved.and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: McCarthy Tank and Steel, Director of Public Services, Utilities Engineer /Superintendent. On motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of March , 1980. ATTEST: a _ ___ CI � —J.H. FITZPATRICK R 4111 � RESOLUTION N0. 4111 (1980 Series) APPROVED: City Administrativ icer City Attorney Director of Public Services Utilities Engineer /Superintendent AGREEMENT FOR OVERSIZING CONTRIBUTION (McCARTHY TANK AND STEEL) This Agreement dated this 4th day of March , 1980, by and between McCarthy Tank and Steel herein referred to as "Developer" and the CITY OF SAN LUIS OBISPO, herein referred to as "City ", NITNESSETH: WHEREAS Developer desires to complete the installation of a needed water main and fire hydrant to service and protect his property located at 313 South Street, San Luis Obispo, and WHEREAS the City desires that the construction consist of a 12" water line in lieu of the 8" water line which would normally be required for service to such property, and WHEREAS City policy dictates that where such.oversizing is required at the request of the City that the City will pay for such oversizing costs, and WHEREAS the City has, by Resolution No. 4110 (1980 Series), estab- lished a formula for computing such City contribution for oversizing costs, NOW THEREFORE, in consideration of the mutual benefits, promises and agreements set forth herein, the parties hereto agree as follows: 1. Developer agrees to construct, install and complete the following described facilities in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: (A) Installation of approximately.270 feet of 12" diameter water line in South Street west of Katy Street extending across the entire frontage of the property of Developer at 313 South Street, and Agreement • (McCarthy Tank F, Steel) C' (B) Installation of one city standard fire hydrant connected to said 12" line and positioned at a location approved by the - Fire Marshal. 2. City agrees to assist in funding above described pipe line construction project in accordance with Section 901(0) of the City Charter and with Resolution No. 4110 which Resolution establishes a formula determining that the City contribution for oversizing an 8" water line to a 12" water line shall be $6.00 per lineal foot. City agrees that payment at this rate shall be made to Developer within sixty (60) days of completion and acceptance by the City of said water line construction. 3. City agrees that Developer will not be assessed front- footage fees for the privilege of using said water line. THIS Agreement shall remain in effect for a period of one year or until such time as the City Council establishes a new formula for oversizing contri- butions, whichever date occurs first. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Agreement has been executed by: Date: Developer Date: 3/4/80 s /LYNN R. COOi�ER Mayor Lynn R. Cooper ATTEST: SUR Ft1ZFATRICK City Clerk J. H. Fitzpatrick Agreement (McCarthy Tank & Steel) APPROVED: City Attorney Utilities Engineer i4aX:n�L& RESOLUTION NO. 4110 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A FIXED FOINIULA FOR CITY CONTRIBUTIONS ON OVERSIZED WATER AND SEWER LINES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IX, Section 901(D) of the City Charter requires the Council to establish a fixed formula for City contributions on oversized water and sewer lines. SECTION 2. The Utilities Engineer has calculated the following typical costs per lineal foot for various sizes of water and sewer lines: Water Sewer 12" line $37.00 $30.00 10" line 35.00 28.00 .,8" line 31.00 25.00 -.611 line 28.00 22.00 SECTION 3. If the City requires a developer or subdivider to install oversized water and sewer lines, the City shall contribute an amount based on the following formula: City Contribution = A (B -C) Where: A = lineal feet of line installed B = calculated lineal foot cost of oversized line C = calculated lineal foot cost of standard line On motion of Councilman Jorgensen , seconded by Mayor Cooper and on the following roll call vote: RESCINDED BY R 5906 R 4110 • Resolution No. 4110 page 2 0 (1980 Series) AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of March , 1980. ATTEST: 5,11'Clerk J.H. Fitzpatrick APPROVED: * * * * * * * * * * * * U141itLiiees -Engineer/Superintendent Director Director of Public Services City Attorney y st_ative Officer f \ 19 ' LJ RESOLUTION NO. 4109 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO C012 ENDING THE EMPLOYEES OF THE CITY PUBLIC SERVICES DEPARTMENT, FIRE DEPARTMENT, POLICE DEPARTMENT AND ENGINEERING DEPARTMENT FOR THEIR OUTSTANDING SUPPORT TO THE CITY DURING THE STORM OF FEBRUARY 16 AND 17, 1980 WHEREAS, the City of San Luis Obispo experienced severe "rains: and.. wind over the weekend of February 16 and 17, 1980 which came close to a crisis situation; and WHEREAS, those days were a weekend prior to a holiday and many employees had left the city for the holidays; and WHEREAS, because of the severe rains and high winds many areas of the city were damaged by flooding, debris, etc., and WHEREAS, the City needed to call back extra personnel to cope with the flood problems and a large number of personnel responded to the call for help, NOW, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council commends the employees of the Public Services„ Fire, Police and Engineering Departments who responded to the call for help during the storm; and SECTION 2. The City Council wished to express its appreciation for a job well done, for if the city employees had not come forward during this crisis period, possibly great damage would have been experienced by both public and private property; and SECTION 3. The City Council recognizes the long hours put in during the storm and the conditions of cold and wet that existed at the time and wish to express their appreciation on behalf of the citizens of San Luis Obispo to the employees who worked during the storms. R 4109 Resolution No. 4109 (1980 Series) On motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 19th day of February , 1980. ATTEST: C' Jerk-J.H. Fitzpatrick APPROVED: City Adm istrative Officer 0-1-1 City,Attorney RESOLUTION NO. 4108 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO COMMENDING THE ALPHA'.'GAMMA RHO FRATERNITY FOR ASSISTANCE DURING THE RAIN CRISIS OF FEBRUARY 16, 1980 BE -IT -RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council commends the members of the Alpha Gamma Rho Fraternity for their assistance provided the City and its residents by the fraternity members during the rain storm of Saturday, February 16;,1980. SECTION 2. The City Clerk is directed to send a copy of this Resolution signed by the Mayor to the Alpha Gamma Rho Fraternity, 1622 Palm Street, San Luis Obispo. On motion of Mayor Cooper , seconded by Councilman Bond , and on the following roll call vote: AYES: Yayor'Cooper, Councilmembers Bond, Dunin and Jorgensen NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 19th day of February P 1980. gor n R. Cooper ATTEST: C' Me -J.H. Fitzpatrick APPROVED: istrat ve Officer 14106T� R 4108 City Attorney RESOLUTION NO. 4107 (1980 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AND DIRECTING THE MAYOR TO CONTACT APPROPRIATE STATE AUTHORITIES TO URGE A FEASIBILITY STUDY OF REPOWERING DIABLO CANYON NUCLEAR PLANT TO NON- NUCLEAR FUEL WHEREAS, this Council has determined that it is in the best interests of the citizens of this community that serious consideration be given to repowering the Diablo Canyon Nuclear Plant to non - nuclear fuel; and WHEREAS, concerned citizens and groups- -among them, Mothers for Peace and Concerned Physicians of San Luis Obispo have made the same determination; NOW, THEREFORE, BE IT RESOLVED by the Council as follows: SECTION 1. The Mayor hereby is authorized and directed to send the following message by telegram to Governor Brown, the California Energy Commission, the Public Utilities Commission and the State Resources Agency: The City Council of the City of San Luis Obispo urges the state to commission a thorough feasibility study of repowering the Diablo Canyon Nuclear Plant to a non - nuclear fuel. We further urge that this study be carried out under the auspices of the appropriate state agencies, such as the California Energy Commission, the Public Utilities Commission, and the State Resources Agency. In addition to the technical aspects of such a proposal, the conversion study should consider the economic, social and environmental costs,of.7, operating Diablo Canyon as a nuclear power plant, as opposed to operating with alternative fuel sources, including those costs associated with the backend of the nuclear fuel cycle (E.G., decommission- ing, waste storage) and government subsidies. Finally, some provision should be made for direct public participation and input at appropriate points in the study process. R 4107 f Resolution No. 4107 (1980 Series) On motion of Councilman Bond , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 19th day of February 1980. ATTEST: `/ Fitzpatrick APPROVED: City J40FRII 9't r- tive Of r City Attorney `J 1 RESOLUTION NO. 4106 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION PURSUANT TO THE MUNICIPAL CODE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construe- tion submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and.collected with the"City taxes, and subject to the same penalties and costs if not.paid on the first installment. The prop- erty owners, addresses and construction costs are shown on Exhibit "A ". 3. That at the request of the property owners and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in.three (3)' annual installments, including interest at the rate of three (30) percent per annum on the unpaid balance; said interest to run from.the first day of the month following passage of this Resolution to the time payment is made in full of the principal a^.ount, pro- vided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to addi- tional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are shown on Exhibit "B ". R 4106 Resolution No. 4106 (1-980 Series) On motion of Councilman Dunin seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembres Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 19thday of February , 1980. ATTEST: c CI K J.H. FITZPATRICK * * * * * * * * * * * * * * * * * * * * 11-;9ZOe Director of Public Services OWNER T. & M. Abad.: J.C. & A.E. Bowers W.L. Howse, efal Model Lands, Inc. P. Nisperos C. & J.M. Robertson R.W. Yans EXHIBIT "A" LOCATION AMOUNT 176 Brook Street $ 325.00 195 Brook Street, also South St. 1,798.00 side 171 Brook Street 646.00 34 South Street 3,693.70 178 Brook Street 300.00 67 South Street 487.00 180 -190 Brook Street 1,160.00 f OWNER A. Owens, c/o A. Dunn R. Hollie R.E. Barger P. Dubin L. & J.F. Lenger, Jr. EXHIBIT "B" LOCATION 183 Brook Street 165 Brook Street 175 Brook Street 23 -27 South Street, also Brook Street side 179 Brook Street AMOUNT $ 638.00 646.00 540.00 3,137.00 1,017.00 follows: RESOLUTION NO. 4105(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND L. V. HANSEN. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto.marked "Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and L. V. Hansen is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: L. V. Hansen, the Director of Public Services, the Utilitites Engineer /Superintendent, the Finance Director, the Chief Building Inspector and the Fire Chief. On motion of Councilman Bond and on the following roll call vote: seconded.by Councilman Dunin , AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 19th day of February , m ATTEST: �, zpatrick R 4105 Resolution No. 410 - 2 - J 19 80 Series APPROVED: Director of Public Services EXI;.IBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated February 19 1980, for the convenience_ of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipalfN C - corporation, hereinafter called "City ", and L. V. HANSEN, the fee owner a and developer of the real property depicted in EXHIBIT "B ", attached hereto, hereinafter called "Developer ". WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main exten- sions to new customers other than subdivisions, and City Council Resolution No. 2435, adopted on March 9, 1973, which resolution is made a part of this agreement as though specifically set forth herein: A. Construction of approximately 505 feet of 8 inch diameter water line in Islay Street from Carmel Street northerly to Beach Street. .(This portion of the project including inspection, engineering, and administration thereof is to be financed by the City under provisions of Resolution No. 2435, otherwise known as the 11$20,000 Quarterly Funding Program ", to the extent that said funds are available from the first Quarter of the 1979 -80 program.) B. Installation. of two fire hydrants with connecting laterals and related facilities. (This portion of the project, including inspection,.engineering and administration thereof, is to be Agreement 0 City & L.V. Hansen financed jointly by City and developer as follows: City to furnish both hydrants with burys and to pay balance of costs for the Beach . Street hydrant installation; the balance of the costs for the Carmel Street hydrant installation is to be borne by the Developer. Total cost to the Developer is estimated at $1,200.00.) 2. Said water system improvements have been determined necessary to provide adequate fire protection for developments on the properties at 457 Islay, being Tax Roll Parcel No. 3- 622 -06 and at 450 Islay, being Tax Roll Parcel No. 3- 614 -10. 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to call for bids, award a contract and administer same in accordance with the provisions of Section 724 of the City Charter 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: A. At the time of signing this agreement, a deposit in the sum of $1,200.00 which represents estimated total costs of the installation of City- furnished fire hydrant at Carmel Street. B. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the actual.engineering, administration and contract cost of the Carmel Street fire hydrant installation as described in paragraph 1B above. It is understood that if said balance is not paid to the City within thirty (30) days after notification of the determination of the cost of said work, no - 2 - Agreement City $ L.V. Hansen page 3 improvements will be.made and the deposit will be forfeited and retained by the City. Should the actual costs be less than $1,200.00, the excess deposit will be refunded to the Developer. 5. City agrees to collect from the Developer of property at 457 Islay (referenced above) at the time of issuance of any building permit for that property, an amount equal to fifty percent (50 %) of the total payments defined in Paragraph 4 above, and to refund this amount to Developer, Mr. Hansen. This provision shall terminate five (5) years after the date of this Agreement, after which period the City shall no .longer be obligated to make such collection and refund. 6. For planning purposes, the City estimates that the water system improvement will be completed within five (5) weeks after the contract is awarded, the City agrees to.use due diligence in seeking timely contract performance: However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 7. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed by him upon the real property referred to herein prior to the completion of the needed water system improvements, unless written permission to do so is obtained from the City Fire Department. 8. This agreement.shall be binding upon and shall inure to the benefits of the heirs, assigns, and all other successors in interest of the parties. 0 Agreement City $ L. V. Hansen IN WITNESS WHEREOF;, the parties hereto have caused this Agreement to be executed. DEVELOPER: L. V. Hansen CITY OF SAN LUIS OBISPO ATTEST: S/LYNN R. COOPER SIJ.H. FITZPATRICK Mayor Lynn R. Cooper City Clerk J.H. Fitzpatrick APPROVED AS TO CONTENT: City Ad-" trative Officer Director of Public Services - 4 - H I f3l T c by r����� o , S yso Ptiy- 0 7v � o Hansen R -2 C�l 0 tits �� 3 10 0 Y/Af Y -yio 50 7(.5 >7f 378 ff �Z7 2�35 31�5 'S95 t5ol lo o o ol 0.1 I I IS 0 0 0 %S, EJ. ye t RESOLUTION NO. .4104 (1980 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING ALTERNATIVE NO. 5 OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT IN THE PROPOSED FIVE -YEAR OCS LEASE SALE SCHEDULE. WHEREAS, the United States Department of.the Interior is charged with administering the mineral development of the Outer.:Continental Shelf under the OCS Lands Act of August 7, 1953 (67 Stat. 452; 43USC: Sections 1331- 1343); and WHEREAS, the OCS Lands Act Amendments passed by Congress September 18, 1978 (92 Stat. 649; 43USC: Sections 1344 - 1348), set.fbrth the criteria to be considered by the Department of Interior in developing a five -year leasing ..schedule for OCS Lease activity; and WHEREAS, the Department of the .Interior has prepared the Final Environmental Statement for the'Proposed Five -Year OCS Oil and Gas Lease Sale.Schedule — March, 1980 — February, 1985; and WEIEREAS; Resolution No. 3776.(1979 Series) was adopted by the City Council of the City of.San.Luis Obispo on February 20, 1979.supporting the California Coastal Commission's.concern that the Proposed Five -Year Lease Sale Schedule for OCS Lease Sale #53 does not adequately consider the environmental criteria required by the OCS Lands Act Amendments of 1978, for development of a leasing schedule; and WHEREAS,.in response to the State of California and other commentors on the Draft Environmental Statement for the Proposed.Five -Year OCS oil and Gas Lease Sale Schedule, an Alternative 5 has been included in the Final Environmental Statement which would: 1. Hold the proposed Central and Northern California Sale (#53) in 1983 (Alternative 1 scheduled this sale in'1981) to allow time for further environmental data collection; and 2. Omit the 1983 California Sale.included in Alternative 1 (4173); 3. Designate the 1984 California Sale (4480) as a.Southern.California Sale; R 4104 Resolution No. 4104 (1980 Series) WHEREAS, comments on the Final Environmental =Statement are accepted until February 25, 1980; and WHEREAS, Cecil Andrus, the Secretary.of the Department of Interior, subse- quent to February 25, 1980, will make recommendations to Congress regarding implementation of.the.proposed Five -Year Lease'Sale Schedule; NO.W, THEREFORE,.BE IT RESOLVED,. that the City Council of the City of San Luis Obispo, State of.California, hereby adopts this resolution supporting I nclusion of.Alternative 5 in the Five - Year OCS Oil and Gas Lease Sale Schedule; and requesting Secretary Andrus to adopt Alternative 5 in his recommendation to Congress; and FURTHER RESOLVED, that this resolution-be transmitted to Cecil Andrus, the Secretary of the U.S. Department of the Interior. On motion of __Councilman Bond_ , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT; Councilwoman Billig the foregoing Resolution.was passed and adopted on this 19th day of February , 1980. ATTEST: CI t J.H. FITZPATRICK Approved: Attorney i • �J RESOLUTION NO. 4103 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE HAP FOR 11INOR SUBDIVISION 7.9 -274, LOCATED AT 608 - 636 H014ARD STREET, SUBDIVIDERS: WILLIA1141 Ah'D RUSSELL TROMAS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of rinor Subdivision No. 79 -274 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is.permi.tted by the R. 2 zone. 3. The design is not likely to cause substantial environmental damage, -or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivisions. SECTION 2. That the Council makes an exception to accept a 36' radius cul -de -sac (instead of 50' radius) based upon the following findings: 1. The variance granted.does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. Because of special circumstances, notably the configuration of the existing right of way, the strict literal application of the subdivision ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. 3. Under the circumstances of this particular case; the variances requested carry out the spirit and intent of the subdivision ordinance. SECTION 3. That the approval of the tentative map for Minor Subdivision 79 -724 be subject to the following conditions: 1. A temporary waiver of sidewalk installation is hereby granted, subject to the subdivider signing a covenant agreement stating that sidewalk improvements shall be installed within 30 days after notice by the City Engineer. 2. Final.map shall show existing sewer line and easements over it to the satisfaction of the City Engineer. On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: F y/013 Resolution No. 4103 (1980 Series) MS 79 -724 Page Two AYES:: Councilmembers Jorgensen,.Bond, Dunin and Mayor Cooper - NOES:: None ABSENT: Councilwoman Billig The foregoing-Resolution was _passed and.adopted 19th day.of February., 1980. ATTEST: IR--- /'r yr► Approved: City Admiaistratt eWfficer City Attorney Community De elopme Director RESOLUTION NO. 4102 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LEAST AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO FOR PARKING ON CITY PROPERTY LOCATED AT THE CORNER OF PALM AND OSOS STREETS. BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows: SECTION 1. That certain lease agreement, attached hereto marked Exhibit "A" and incorporated herein by -reference, between the City of San Luis Obispo and the County of'San Luis Obispo for the property located on the corner of Palm and Osos Streets is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall.furnish a copy of this resolution and a copy of the executed agreement approved by it to: Chairman of the Board of Supervisors., County of San Luis Obispo; City Director of'Public Services and the City Finance Director. On motion of Councilman.Dunin_ ___. seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Bond and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adopted this 19th- day of February . 1980. 19YNN R. COOPER ATTEST: CIT . FITZPATRICK Approved: City nistrative Offic r City Attorney Director of Public ervices R 4102 LEASE THIS LEASE is entered into between the City of San Luis Obispo herein- after referred to as "Landlord" and the County of San Luis Obispo herein- after referred to as "Tenant ". NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby hires and takes from Landlord, for the term, at the rental and upon the con- ditions hereinafter set forth, those certain premises, hereinafter referred to as the "Premises ", described as follows: That certain space comprising approximately 20,000 square feet located at the Southerly most corner of intersection of Palm Street and Osos Street in the City of San Luis Obispo. Said space is outlined on Exhibit "A" attached hereto and incorporated by reference herein._ Landlord specifically reserves six parking spaces as shown on said Exhibit "A" for use by Land- lord. 2. QUIET ENJOYMENT: Landlord agrees to and shall on the commencement date of the term of this Lease as hereinafter set forth place Tenant in quiet possession of the leased premises and shall secure him in the quiet possession thereof against all persons lawfully claiming the same during the entire lease term and any renewals or extensions thereof. 3. TERM: The term of this Lease shall be for a period of eighteen months commencing April 1, 1980 and expiring at midnight on September 30, 1981. 4. RENTAL: Tenant agrees to pay Landlord as rent for the leased prem- ises the total sum of One Dollar Even ($1.00) payable in advance on the 1st day of this contract. All payments of rent shall be paid to Landlord at City Hall, City of San Luis Obispo, or at such other place as Landlord may designate. 5. USE OF LEASED PREMISES: The premises shall be used for the purpose of parking related to County business. The premises shall not be used for any other purpose without the prior written consent of Landlord. 6. INSURANCE: Landlord shall provide fire and extended coverage in- surance on the leased premises, such insurance to be primary. In that connection, Landlord shall procure an appropriate clause in, or an endorse- ment on, the policy for said insurance, pursuant to which the insurance •�D 0c) company waives subrogation or consents to a waiver of right of recovery against Tenant, and Landlord does hereby agree that it shall not make any claim against or seek to recover from Tenant any loss or damage resulting from fire or other hazards covered by such insurance. In the event that Tenant., at its option, elects to procure fire insur- ance on Tenant's personal property within the leased premises, then Tenant shall procure an appropriate clause in, or an endorsement on, the policy for said insurance, pursuant to which the insurance company waives subrogation or consents to a waiver of right of recovery against Landlord. Tenant shall carry public liability and proprty damage insurance on said premises in the amount of $1,000,000.00 public liability insurance, and $1,000,000.00 property damage insurance, naming Landlord as a named insured therein; provided that all such insurance shall contain the following provi- sions: a) It shall cover personal injury as well as bodily injury. b) In all such insurance the word "accident" shall be replaced by the word "occurrence ". c) It shall contain the provision requiring the insurance carrier to give to Landlord 30 days prior written notice of any cancellation of such insurance, reduction in the coverage thereof, or any other major change therein. d) It shall cover owned, non -owned and hired motor vehicles. e) It shall cover complete contractual liability. Tenant agrees to be self - insured as to the leased premises. 7. INDEMNITY: Tenant shall indemnify and hold Landlord harmless from any and all liability for injury or damage to persons or property in or on the leased premises, provided such injury or damage is caused by the negli- gent or willful act of the Tenant or its agents or employees. 8. MAINTENANCE: Tenant, at their sole cost and expense, shall provide all landscape and parking lot maintenance services necessary to keep said premises in a clean, neat and safe condition, including but not limited to - the watering, fertilizing and cultivating of all landscaping, the replace- ment of any dead or dying plants, and such sealing and patching as may be necessary to preserve the integrity of the parking lot surface. 9. ASSIGNMENT AND DEFAULT: Tenant shall not assign this Lease, nor sublet the whole or any part of the premises, without the prior written consent of Landlord. Any attempt to do so shall be void, shall confer no rights on any third party, and shall be good cause for cancellation of this lease by Landlord at its option. This Lease shall not be assignable by operation of the law. Should Tenant violate any of the terms or conditions hereof, Landlord may, thirty (30) days after written notice to Tenant, terminate this Lease and re -enter the premises and remove all persons therefrom. In the event of breach of any covenant or condition by Landlord herein set forth or implied, Tenant shall have the option to terminate the Lease and surrender the premises after thirty (30) days written notice to the Landlord. 10. RIGHT TO TERMINATE: Both parties, hereto, reserve the right to terminate this agreement upon sixty (60) days advance written notice. 11. DESTRUCTION OF PREMISES: If during the term of this Lease, the premises are injured or destroyed by fire or other cause, so as to render the premises, in Tenant's judgement, unfit for occupancy, or so as to sub- stantially prevent or impair, in Tenant's judgement, Tenant's use of the premises for intended purposes, then this Lease shall terminate at the op- tion of either party hereto; providing that the premises can not be repaired to the satisfaction of Tenant under the laws and regulations of any govern- mental agency thereunto applicable, using the same type of construction, within thirty (30) days. 12. HOLDING OVER: In the event that Tenant shall hold over after expi- ration of the lease term or any extension or renewal thereof, with the con- sent, express or implied, of Landlord, such holding over shall be deemed merely a tenancy from month -to -month on the terms., covenants, and condi- tions, so far as applicable, and subject to the same exceptions and reserva- tions, as herein contained, until such tenancy is terminated in manner pre- scribed by law. 13. NOTICES: Any notices, demands, or communication, under, or in con- nection with this Lease, may be served upon Landlord by personal service, or by mailing the same by certified mail in the United States Post Office, postage prepaid, and directed to Landlord at City Hall, City of San Luis Obispo, Ca. 93401, and may likewise be served on Tenant by personal service or by so mailing the same addressed to tenant at the Department of Facility Services, 977 Santa Rosa Street, San Luis Obispo, CA. 93406. Either Land- •,J 00 lord or Tenant may change such address by notifying the other party in writing as to such new address as Tenant or Landlord may desire used and which address shall continue as the address until further written notice. 14. SUCCESSORS: The agreements herein made shall apply to, bind, and inure to the benefit of the successors and assigns of Landlord., and the suc- cessors and permitted assigns of Tenant. 15. TIME OF ESSENCE: Time is of the essence in this Lease. 16. PROVISIONS DEEMED COVENANTS AND CONDITIONS: The parties hereto agree that all of the provisions hereof are to be construed as covenants and conditions as though the words importing such covenants and conditions were used in each instance, and that all of the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Lease this day of (SEAL) ATTEST: s1J.H. FITZPATRI& City Clerk J.H. Fitzpatrick , 1980. LANDLORD: CITY OF SAN LUIS OBISPO BY: s1LYNN R. COOPER —Mayor Lynn ooper TENANT: SAN LUIS OBISPO COUNTY BY: Chairman of the Board of Supervisors Authorized by Board action on . 1980 ATTEST: Clerk of the Board of Supervisors DFS /mb LSE /CITY /SLO 115 -0 °' s3 \y °j ,Y �I � ,i •ii %i / /i� /i /, /�I ftft� �D y rt OSOS ST, a G a' ftft t� I- ftft� �D y rt OSOS ST, a G a' ftft t� 1 ftft� �D y rt OSOS ST, a G a' ftft t� 0 RESOLUTION NO. 4101(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 592 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Public Improvements for Tract 592 are hereby accepted for maintenance by the City of San Luis Obispo subject to the terms and conditions of an agreement attached hereto and marked Exhibit .. "A". M SECTION 2. The Mayor is hereby authorized to execute the agreement attached hereto and marked Exhibit "A ". ,�L- On motion of Mayor Cooper , seconded by Councilman Dunin , and on the following roll call vote: AYES: Mayor Cooper, Councilmembers Dunin and Bond NOES: Councilman Jorgensen ABSENT: Counciwoman Billig the foregoing resolution was passed and a February , 1980. ATTEST: ell ZIT RK J.H. FITZPATRICK APPROVED: Ci m' at�ive Officer A//. Zilty Attorney Public Services Director R 4101 5 -hibit "A" AGREEMENT This agreement, dated this i day of 1980, between The Meadows, herein referred to as "Subdivider, and the City of San Luis Obispo, herein referred to as the "City." WHEREAS, the Subdivider desires that the public improvements of Tract 592 be accepted by the City for perpetual maintenance. WHEREAS, the City and Subdivider concur it is mutually beneficial that certain improvements not be completed until such time that construction of structures and, their appurtenances is complete. NOW THEREFORE, the Subdivider does hereby agree to the withholding of eleven thousand ($11,000.00) dollars from the set-aside-account established by the subdivision agreement for said tract ($10,000 for street trees, $1,000 for the installation of low maintenance landscaping and watering system in the area along Higuera Street (Condition 25) and the installation of street trees. Final occupancies for structures.to be built on the vacant lots shall not be granted until the frontage improvements of the respective lots have been repaired or improved to the satisfaction of the Public Services Department. The above funds shall be released only upon completion of the aforementioned improvements and repairs to the - satisfaction of the Public Services Department. The Subdivider does also agree that City shall continue to withhold from v the set -aside account $75,000 to be held pursuant to the conditions set out in the attached letter dated October 12, 1978. IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER v s /LYNN R. COOPER MAYOR LYNN . 0 R ATTEST: s/J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK APPROVED AS TO FORM: Ci A i st a ive Officer City Attorney 6 Public Services Director 6 z RESOLUTION NO. 4100(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -79 -157, LOCATED AT 2200 LOS OSOS VALLEY ROAD AND 1440 AUTO PARK WAY, THOMAS BAUMBERGER, APPLICANT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Minor Subdivision SLO -79 -157 as contained in Resolution No.-3958 (1979 Series). SECTION 2. Condition Number 5 of said Resolution No. 3958 is hereby waived. SECTION 3. The final map of Minor Subdivision SLO -79 -157 is hereby approved. On motion of Councilman Jorgensen seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Bond and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adop 1980. ATTEST: APPROVED: r City A nistrative Officer City Attorney this 19th day of February , F,v! il eer R 4100 0 ---- ------ - I .•o•Y�Rf, 21 I. yj Nr \ 1.(: -A 1: , 'I c c geu V YJ. olnv 91 m�4 �r / •t 3T ---- ------ - I .•o•Y�Rf, 21 I. yj Nr \ 1.(: -A 1: , 'I Ll c c olnv 91 3T ol .% Z.2 dad �y4rS Ll II Ili' W n r T Nib Why Oil Z. olnv 91 II Ili' W n r T Nib Why Oil Z.