HomeMy WebLinkAbout04-28-2022 Project Condition Acknowledgment Agreement with San Luis Obispo County Regional Transit AuthorityProject Condition Acknowledgement Agreement
(Fee in lieu of Construction)
This Project Condition Acknowledgment Agreement (“Agreement”) made on ________________
(the “Effective Date”), by and between the San Luis Obispo Regional Transit Authority, a
California joint powers authority (“RTA”) and the City of San Luis Obispo, a California municipal
corporation and charter city (“City”).
WHEREAS, RTA has received final approval from the City (ARCH-200-2019 & EID-201-2019)
to construct an approximately 31,250 square foot new operation, administration and maintenance
facility (the “Project”) on RTA’s property located at 253 Elks Lane, San Luis Obispo (Resolution
No. PC 1007-19); and
WHEREAS, City’s approval of the Project included conditions 43 and 45 (the “Conditions”),
which required certain improvements to be made to Elks Lane that are now part of the City’s larger
Prado Road Overpass project, which will realign Elks Lane to allow for the construction of the
Overpass project; and
WHEREAS, in furtherance of the Conditions, RTA has constructed full street improvements to
its property frontage (curb, gutter, sidewalk) and constructed travel lanes as well as a temporary
“t” intersection at old Elks Lane and new Elks Lane as a temporary measure until the future
realignment of Elks Lane is constructed with the Prado Overpass Project;
WHEREAS, the timing of the Prado Road overpass and the Elks Lane realignment project is
presently scheduled for 2025; and
WHEREAS, because of both efficiency and practical reasons, both City and RTA desire to
establish an up-front fee instead of entering into a covenant requiring RTA to later physically
construct that portion of the Elks Lane realignment project which is attributable to the Project.
NOW THEREFORE, City and RTA agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. In lieu of RTA making any further physical improvements to Elks Lane in order to
accommodate the currently developed “t” intersection with the future design of the Elks
Lane realignment project as required by the Conditions, RTA shall pay City a fee in the
amount of $351,182 (the “Fee”).
3. Upon payment of the Fee to City, the Conditions are fully satisfied.
4. That the persons executing this Agreement on behalf of the parties hereby warrant that they
are duly authorized to execute this Agreement on behalf of said parties and that by doing
so, the parties hereto are formally bound to the provisions of this Agreement.
DocuSign Envelope ID: 735F0E25-2C44-493C-BE05-7F91EDB93A62
4/28/2022 | 9:15 AM PDT
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective duly authorized officers and representatives as of the Effective Date.
CITY OF SAN LUIS OBISPO,
A California municipal corporation and
charter city
_____________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick, City Attorney
City of San Luis Obispo
SAN LUIS OBISPO REGIONAL TRANSIT
AUTHORITY, a California joint powers
authority
______________________________________
Geoff Straw, Executive Director
APPROVED AS TO FORM:
_______________________________________
Jon Ansolabehere, Assistant County Counsel
San Luis Obispo Regional Transit Authority
DocuSign Envelope ID: 735F0E25-2C44-493C-BE05-7F91EDB93A62