HomeMy WebLinkAbout6027-6049RESOLUTION NO. 6049 (1986 sERIES)
A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1268
CENTRAL COAST PLAZA - 353 MADONNA ROAD
WILLIAM BIRD, SUBDIVIDER
WHEREAS, the City Council made certain findings concerning Tract 1268, as
contained in Resolution No. 5735 (1985 Series), and
WHEREAS, all conditions required per Resolution No. 5735 (1985 Series) have
been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1268.
On motion of Councilman Settle , sceonded by Councilwoman Rap-pa ,
and on the following roll call vote;
AYES: Councilmembers Settle, Rappa, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 19th day of Aueust ,
1986.
ATTEST:
2.t (,/, 1)1-0
CITY CL *K PAMELA VOGE
R 6049
Resolution No. 6049 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
4vo,—
City Attoney
Community Development Director
kQA4-�
City Engineer
jk3/t1268 -fin
by
RESawrION No. 5735
(1985 Series)
A RESOLUTION OF THE 00UNCCL OF THE QTY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1268
LOCATED AT 353 MADONNA ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council; after consideration of the
tentative map of Tract 1268 and the Planning Ccanu.ssicn's reoam7endations;
staff recaimiendations and reports thereon; makes the following findings:
1. In accordance with state and city environmental review guidelines; an
initial environmental study (ER 5-85) has been prepared and on January 30;
1985; the Community Development Director determined that the previous EIR
and supplement are adequate for this application. The Planning Commission
affirms this determination.
2. The tentative map is consistent with the general plan and it. substantially
complies with the PD 1165 development plan.
3. The site is physically suitable for the proposed type and density of
development allowed by the C -R-PD zone.
4. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. The design of the subdivision and the type of improvements are not likely
to cause public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements for access through or use of property within the
proposed subdivision.
SECTION 2. Conditions. That the approval of the tentative map for Tract
1268 be subject to the following conditions:
1. Final map shall show Lot 5 conbined with lot 10.
2. If lots 6 and 7 are not corbined; subdivider shall record an agreement not
to separate ownership of the lots to run with the land in a form to be
approved by the City Attorney and the Chief Building Official.
3. The final map submittal shall include a depiction of buildings in relation
to property lines. Parcel boundaries on the final map shall be revised to
reflect Building locations and setbacks from property lines that may be
required by the Uniform Building Code.
Resolution No. 5735 (1985 Series)
Tract 1269
Page 2
4. Final map shall include a note that conditions of Ordinance No. 1015 (1984
Series) are conditions of development of the tract.
5. Offers of street dedication on the final map shall be consistent with the
approved final development plan and to the approval of the City Engineer.
6. The northwesterly drives into the site from El Mercado and from Zozcbra
Lane shall.be street -type (curbed) entries. All other drives into the site
from public streets shall be driveway ramps.
7. Subdivider shall contribute to the cost of a new traffic signal at Madonna
Road and Zozcbra Lane; as determined by the City Engineer.
8. On -site savers shall be private, within private easements.
9. Domestic-water service shall be provided along public street frontages from
existing mains. On -site water lines shall be private.
10. Prior to filing final map, the subdivider shall obtain a building permit to
commence construction of the shopping mall project autorized under Planned
Development /Rezoning PD 1165 (Ordinance No. 10150 1984 Series).
On motion of Councilman Settle ; seconded by Councilman-Griffin--; and
on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None_
ABSENT: None
the foregoing resolution was passed and adopted this 16th_ day of - July-..
1985.
C
- vlGl�a1TY ��►�
Ordinance No. 997 (1983 Series)
L'XHIIII'f n
PD 1072
V OS -20 Co C -R -PD
A G R E E M E N T
�1
THIS AGREEMENT dated this 19th day of August, 1986, by and
between WILLIAM L. BIRD and MARILYN L. BIRD, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City."
WITNESSETH:
REFERENCE IS HEREBY.MADE to that certain proposed subdivision of that
certain real property in the City of Ban Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1268 (Central Coast Plaza), City of San Luis Obispo, California, as
approved by the City Council, on the 19th day of August 1986 -
WHEREAS,the Subdivider desires that said Tract 1268 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances and
regulations, and in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
I
C.
1. CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines.and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City Council, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
2
Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:
1. The Subdivider:shall deposit a monumentation bond of $1,000.00 to cover the
J\�nstallation of survey monuments in accordance with the approved map and
payment for same. Said deposit will be released to the Subdivider upon n �]
receipt by the City of a letter from the. Engineer indicating they have I't�
completed the work and have been paid.
2. The Subdivider shall pay water and sewer fees
as follows:
a. Water frontage
g
1.874.12 'lf % $11.60 =
$
21 ,739.79
1 �j(
b. Water acreage
23.88 Ac (less street dedic.) x $11.60/Ac
=. $
27,705.67
�� K -
?
c. Sewer fee
(Laguna lift station & frontage charge
$
4,788.22
3. Traffic Signal Contribution CA'_ . / 5�0�
$22,750.00
r c�.e�Cr
( El Mercado)
///
Total
$
76,98/3.68-7
4. Conditions of the Developer's agreement with
City dated
1986.
5. The Subdivider must comply with all conditions of Resolution No. 5735 (1985
Series)
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office -, Department of Interior, Washington, D.C.
3
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, `-`-na "b -__. ef
�
°� /bond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(ins tmeRt -° t /bond) is in the amount of five hundred
thousand dollars $500,000.00 and which is in the amount of the estimated
cost of said improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or defective
construction of said improvements occurring within twelve (12) months
after acceptance thereof. In accordance with Sections 66499.7 and 66499.9
of the Government Code of the State of California, upon final completion
and acceptance of the work, City will release all but 10% of the
improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any
defects in the improvements arising within a period of one year following
the completion and acceptance thereof against any defective work or labor
done, or defective materials furnished, in the performance of this
agreement.
Completion of the work shall be deemed to have occurred on the date as
of which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, Which has
n
C\ JI
been posted by Subdivider, to guarantee faithful.performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense thereof
from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $16,500.00,
bt-
from which deposit the City will pay the salary and expenses of an
inspector or inspectors to inspect installation of said subdivision
improvements and certify -that they have been completed.in accordance with
the plans and specifications. Any unexpended monies will be returned to
the Subdivider. In the event the inspection fees exceed the sum of
$16,500.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents filed
with the City by the Subdivider and approved by the City Engineer are
hereby referred to for further particulars in interpreting and defining
the obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement.
0
9
It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
N William L. Bird
Marilyn Bird
IATTES
CI Y dLERK PAMELA GES
Approved as to form:
City Att ney oineer Oity
agr -:1268
by
rl
(D
RESOLUTION N0. 6048 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP FOR TRACT 1210
(B.D.,C. DEVELOPMENT CO., SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract 1210 as
contained in Resolution No. 5461 (1984 Series), and
WHEREAS, all conditions required per Resolution No. 5461 (1984 Series) have
been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1210.
On motion of Councilman Settle , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey and Mayor.Dunin
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 19th day of
August. , 1986.
ATTEST:
2j, (), "
CITY CL OK PAtMLA VOGES
x x x x x x x x
DUNIN
R 6048
CG
Resolution No. 6048 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
City At o ney
Community Development Director
City tqjtneer
jk3 /t1210 -sr
by
RESOLUTION NO. 5461 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1210
(MARGARITA AVENUE CONDOMINIUMS) LOCATED AT 251 MARGARITA AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this council, after consideration of the
tentative map of Tract 1210 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent
with the General Plan.
3. The site is physically suitable for. the type of development proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements are not
likely to cause substantial enviroranental damage or. substantially and
avoidably injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not
likely to cause public health problems.
7. The design of the subdivision or the type of improvements will not
conflict with easements. for access through or use of property_ within
the proposed subdivision.
8. The project is granted a negative declaration on environmental impact
(with mitigation measures specified in initial study ER 09 -84).
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1210 be subject to the following conditions:
0
Q
Resolution No. 5461 (1984 Series)
Tract 1210
Page 2
1. Tract corners shall be set by a registered civil engineer or land
surveyor.
2. A registered civil engineer or land surveyor shall certify that the
structures are located correctly prior to release of structures for
occupancy.
3. All utilities shall be undergrounded.
4. Subdivider shall install individually metered water service to each
dwelling unit. Meters shall be clustered and be located at driveway
frontage of units, be unobstructed, and be to the approval of the
Public works Department.
5. Sewer and water mains shall be public and to city standards.
Easements over the mains and access to mains shall be to the approval
of the City Engineer. Sewer ejector pumps shall not be allowed.
6. Sewer, water, and storm drain lines, including pipe size, alignment,
and depth shall be to the approval of.the City Engineer.
70 All water lines serving fire hydrants to be a minimum of 8 inches in
diameter. All other water lines shall be a minimum of 4 inches in
diameter.
8. Subdivider.shall install fire hydrants as required and approved by the
City Fire Department.
9. Existing water wells (two) shall be abandoned and capped in compliance
with applicable City, County and State Regulations.
10. Final map shall note entire cannon lot area as a blanket utility
easement acceptable to the utility companies and City Engineer.
11. Subdivider shall prepare conditions, covenants and restrictions to be
approved by the City Attorney and Community Development Director prior
to final map approval. CC&R's shall contain the following provisions:
a. Creation of a homeowners association to enforce the CC&R's and
provide for professional, perpetual maintenance of all common
area including private driveways, drainage, riparian area,
walls and fences, lighting, and landscaping in a first class
condition.
b. Grant to the city the right to maintain canmon area if the
hameowners' association fails to perform, and to assess the
homeowners' association for expenses incurred.
Resolution No. 5461 (1984 Series)
Tract 1210
Page 3
C. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint
basis which are parked in unauthorized places.
e. Prohibition of storage or other uses which would conflict with
the.use of garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or trailers
nor long -term storage of inoperable vehicles.
g. No outdoor storage by individual units except in designated
storage areas.
h. No change in city- required provisions of the CC&R's without
prior City Council approval.
i. Homeowners' association shall.file with the City Clerk the
names and addresses of all officers of the homeowners'
association within 15 days of any change in officers of the
association.
12. All private streets /driveways shall be designed to a traffic index of
4.0.
13. Subdivider shall provide and the homeowners association shall maintain
appropriate "no parking" signs and red- curbing as required by the City
Engineer.
14. The drainage channel and culverts shall be designed to accommodate a
10 -year minimum design storm. Finished building pads and /or- floor
elevations shall be designed to accommodate a 100 -year design storm.
Drainage calculations and improvements shall be to the approval of the
City Engineer.
15. Subdivider shall provide for drainage along westerly tract boundary to
the satisfaction of the City Engineer.
16. Subdivider shall grant an easement for drainage and maintenance
proposed over drainage channel. Subdivider shall grant the city
permission for vehicular access through the site to maintain drainage
channel. Subdivider shall obtain permission and easement for drainage
channel modifications off -site adjacent to southerly tract boundary.
Subdivider shall provide access gates as necessary and to approval of
City Engineer.
17. Subdivider shall pay water and sewer charges as determined by the City
Engineer, prior to final map approval.
18. Subdivider shall pay park -in -lieu fees prior to final map approval.
Resolution No. 5461(1984 Series)
Tract_ 1210
Page 4
19. Subdivider shall install street trees and street lighting across the
entire street frontage to the approval of the Public Works Department.
20. No additional median cuts shall be made in Margarita Avenue.
21. Subdivider shall pay to the city prior to final map approval thirty
percent (30 %) of the total cost toward the future installation of a
traffic signal light at the intersection of South Higuera Street and
Margarita Avenue. Costs shall be determined by the City Engineer.
The City will install the signal when sufficient funds are available.
22. Subdivider shall soundproof the interior of the dwelling units to a 45
db level consistent with the General Plan Noise Element.
2.3. Subdivider shall install a unit identification plan with directory at
each entrance to site for approval by the Community Development
Director and Architectural Review Commission.
24. No more than 50% of the guest vehicle parking spaces shall be compact
size. Guest parking spaces shall be evenly dispersed throughout the
site to the satisfaction of the Architectural Review Commission.
25. Subdivider shall provide a minimum of six trash enclosures with a
capacity of three yards. Location and design shall be as approved by
the Architectural Review Commission.
26. Subdivider shall provide for each condominium unit at least 200 cubic
feet of enclosed, weatherproof and lockable private storage space,
exclusive of cabinets and closets within the unit for the sole use of
the unit owner as outlined in the City's Condominium Development
Regulations.
27. Subdivider shall provide a minimum of 250 square feet of qualifying
private open space for each unit within the development as outlined in
the city's Condominium Development Regulations. To qualify, open
space must be private and directly accessible from the unit it serves,
and must have a minimum dimension in every direction of 10 feet for
open space provided at ground level or 6 feet for open space provided
on a balcony or elevated deck, and must be located outside the street
yard required by Zoning Regulations.
28. Subdivider shall increase the width of the two driveway entrances from
Margarita Avenue to the.site from 20 feet to 30 feet.
29. There shall be no building or grading within the drip line of trees
that are to remain in the cypress grove, and no pavement within 10
feet of the tree trunks. Subdivider shall retain a qualified arborist
to supervise trimming of trees within the cypress grove.
30. Roadways within the development shall be designated as fire lanes with
red - curbing as required by the•Fire Department.
Resolution No. 5461 (1984 Series)
Tract 1210
Page 5
31. Subdivider shall submit specific engineering and design plans of any
new riparian area including a detailed landscaping plan including a
passive recreation area for approval by the Architectural Review
Commission before any final approval of the project is granted by the
Architectural Review Commission.
32. Subdivider shall install traffic control devices, signs, and curb
markings to the approval of the City Engineer.
33. Location, design, and materials of any fencing or walls shall be to
the approval of the Architectural Review Commission.
34. All on -site driveways, nonstructural parking improvements, and
utilities shall be installed as subdivision improvements.
35. All garages shall be equipped with automatic garage door openers and
occupants shall-be provided two remote - control units.
36. Resident and visitor parking spaces shall be designated to the
approval of the Camnunity Development Director.
37. Drainage running through site shall be underground..
On motion of Councilman Settle . ; seconded by .Mayor Billig............�
and on the following roll call vote:
AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st• day of August
1984.
A G R E E M E N T
THIS AGREEMENT dated this 19th day of August, 1986, by and
between B.D.C. DEVELOPMENT CORP. , herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that
certain real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1210, City of San Luis Obispo, California, as approved by the City
Council, on the 19th day of August 19•
WHEREAS,the Subdivider desires that said Tract 1210 be accepted and
approved as a final map- pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances anld7�g
regulations, and in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
��'b5c�loa5 5T
1. CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City Council, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
2
Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the!City:
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:
1. The Subdivider shall deposit a monumentation bond of $1,430.00 to cover the
installation of survey monuments in accordance with the approved map and
payment for same. Said deposit will be released to the Subdivider upon
receipt by the City of a letter from the Engineer indicating they have
completed the work and have been paid.
2. The Subdivider shall pay water acreage fees of $11,271.72 (9.717 AC x
$1160/AC).
3. The Subdivider shall
4. The Subdivider shall
5. The Subdivider.shall
as well as extension
landscaping, etc. as
6. The Subdivider shall
construction impacts
etc.
As to public lands o
pay a park -in -lieu fee of $75,440.00.
pay a Silver City sewer lift station fee of $3,478.53.
improve the on -site driveways per the approved plans
of respective utilities, grading, drainage,
subdivision improvements.
take appropriate precautions to minimize adverse
on neighboring properties due to dust, noise, erosion,
section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office, Department of Interior, Washington, D.C.
M
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, ('
ere&Abond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(' /bond) is in the amount of $152,000.00 and which is
in the amount of the estimated cost of uncompleted subdivision
improvements. Subdivider agrees to remedy any defects in the improvements
arising from faulty workmanship or materials or defective construction of
said improvements occurring within twelve (12.) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the .
Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement
security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in
the improvements arising within a period of one year following the
completion and acceptance thereof against any defective work or labor
done, or defective materials furnished, in the performance of this
agreement.
Completion of the work shall be deemed to have occurred on the date as
of which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, which has
4
been posted by Subdivider, to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense thereof
from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the total cost of subdivision improvements in
accordance with State law. (50% of $402,000 = $201,000)
Said Subdivider has deposited with the City the sum of $12,069.82 from
which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and
certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of
$12,069.82, the difference is to be paid by the Subdivider. The City
reserves the sole discretion.in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents filed
with the City by the Subdivider and approved by the City Engineer are
hereby referred to for further particulars in interpreting and defining
the obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement.
5
It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
d2 AP49 AP
ATTEST:
--
CITI CLERK PAMELA VO S
Approved as to form:
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City Att ney
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RESOLUTION NO. 6047 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO TRANSFERRING MONEY FROM SEWER CAPITAL REPLACEMENT
RESERVES AND ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the CiTY received bids for "Sewerline Improvement Project,
SPBR - Santa Rosa St. to Henry St.,. City Plan No. G -18,11 and
WHEREAS, the replacement of the Sewerline at this time will avoid
conflict with the intermodal project, and
WHEREAS, the low bid was received from Rising Sun Company from Exeter,
California in the amount of $65,580.00
NOW THEREFORE BE IT RESOLVED, the following items:
1. Accept the low bid from Rising Sun Company of Exeter, California..
2. Authorize the Mayor to sign a contract on behalf of the city for the
following:
PROJECT.: Sewerline Improvement CITY PLAN NO.: G -18
Project - SPRR -Santa
Rosa to Henry
ESTIMATE: $57,000.00 FUND NO.: 947
BIDDER: Rising Sun Co. BID AMOUNT: $65,5$0.00
Exeter, CA
3. Direct the City Clerk to prepare the appropriate documents for
signature by the successful bidder and the Mayor.
4. Authorize the City Finance Director to transfer $15,105 from Sewer
Capital Replacement Reserves to Fund No. 947.
R 6047
Resolution No. 6047 (1986 Series)
Page Two.
On motion of Councilman Settle , seconded
by Councilwoman Rappa , and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey and Mayor Dunin
NOES: None...
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 19th day of
August , 1986.
ATTEST:
-2 ( )A —
CITY PLERK PAMELA VO S
M M M M M M iF iF
APPROVED:
City Administrative Officer
Q
ity .,n °neer
Utilities Manager
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RESOLUTION NO. 6046 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND PAUL AND JACQUELINE PRATHER REGARDING THE
PROPERTY LOCATED AT 148 -182 HIGUERA STREET
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 Paul and Jacqueline Prather 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: Paul and Jacqueline
Prather, Finance Director, Public Works Director, and City Attorney.
On motion of Councilwoman.Dovey , seconded by Councilman
Settle , and on the following roll
call vote:
AYES: Councilmembers Dovey, Settle, Griffin and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 5th day
of August 1986.
RON DUNIN
AT EST: r „
CITV CLERK P UAN VOGES
-IZ
City Adminis%
�17:
Pub is Works Director
Finance D17 Zor R 6046
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND PAUL PRATHER AND
JACQUELINE PRATHER REGARDING THE PROPERTY LOCATED AT
148 -182 HIGUERA STREET
This Agreement is made and entered into this 5th day of August, 1986,
by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation of the State of California, ( "City ") and PAUL PRATHER and
JACQUELINE PRATHER, husband and wife ( "Prather "): jointly referred to
herein as the "parties"
RECITALS
The parties enter into and execute this Agreement with knowledge of
and reliance on the following facts:
1. The City,' by adoption of its Capital Facilities Plan, intends to
widen Higuera Street, north of the intersection with Madonna Road in
Fiscal Year 1987 -88. In order to do so, the City must acquire land for
right -of -way purposes from several property owners.
2. In November, 1985, the City acquired an option from Lorraine Evans
and the Estate of Gerald B. Evans to purchase the parcel located at the
southwest corner of Higuera and South Street, commonly known as 148 -182
Higuera Street ('_Evans Property "), for the sum of $490,000 cash (the
"Option "). The City paid $20,000 to purchase the Option. The Option must
be exercised by November 15, 1986, with escrow to close by January 15,
1987. A legal description of the Evans Property is attached hereto as
Exhibit "1" and incorporated herein by this reference.
3. In order to widen Higuera Street, the City needs to (a) acquire
the easterly 25 feet, or approximately 5,510.square feet, of the Evans.
property, (b) demolish the existing buildings on the Evans Property. A
copy of the preliminary development plan and legal description of widening
EXHIBIT „A„
area is attached hereto as Exhibit "2 ", incorporated herein by this
reference.
4. The City has no present or future need for that portion of the
Evans Property remaining after the street is widened (approximately
34.249.6- square feet) (the "Evans Remainder "). A legal description of
the Evans Remainder is attached hereto as Exhibit "3" and incorporated
herein by this reference.
5. The Council finds that it would be in the City's best interest to
either sell the Evans Remainder to Prather, contingent upon the City
exercising the Option, or should the City decide not to exercise the
Option, to assign the Option to Prather for the price City paid to acquire
the Option.
6. Prather desires to either purchase the Evans Remainder at an
agreed price and under specified terms and conditions, or to acquire the
City's Option.
VOW. THEREFORE, in consideration of the mutual and respective
covenants and promises set forth herein, and subject to all the terms and
conditions hereof, the parties agree as follows!
A. Purchase and Sale of Evans Remainder.
1. If City exercises the Option, then City agrees to sell to Prather,
and Prather agrees to buy from City, the Evans Remainder for the sum of
Four Hundred Seventy Three Thousand Dollars ($473,000) cash, pursuant to
the terms and conditions set forth in that Purchase Agreement and Escrow
Instructions ( "Purchase Agreement "), which is attached hereto as Exhibit
"4 ", and incorporated herein by this reference.
2. Upon City's exercise of the Option, the Purchase Agreement shall
be immediately effective and binding on both City and Prather without
further execution by the parties. Within ten (10) days of the City's
-2-
V
exercise of the Option, City and Prather shall open an escrow on the Evans
Remainder at the escrow company which is handling the escrow between the
City and Lorraine Evans and the Estate of Gerald B. Evans for the
acquisition of the Evans Property. The escrows shall close concurrently.
B. Offer to Assign Option.
1. If City decides not to exercise the Option, then City agrees to
offer to assign the Option to Prather for the sum of $20,000 cash. Such
offer shall be mailed, certified mail, return receipt requested, within
five (5) days after City decides not to exercise the Option, but in no
event later than.November 5. 1986, to Prather at Budget Rent -A -Car of
Santa Maria. 617 South Broadway, Santa Maria, CA 93454. The offer shall
expire at 5:00 p.m. on the fifth day following mailing of the offer, but
in no event later than Monday, November 10, 1986, unless, by the date and
time specified above. Prather performs each of the following Acceptance
Criteria: (1) accepts the offer in writing: (2) hand delivers the
acceptance to the office of the City Attorney. 990 Palm Street, San Luis
Obispo, California; (3) opens an escrow at First American Title in San
Luis Obispo, California, or other escrow company or agent mutually
acceptable to City and Prather; and (4) deposits the sum of $20,000 in
cash or by certified or cashier's check into the escrow described in the
immediately preceding subparagraph. Should Prather fail to perform all of
the Acceptance Criteria by the date and time specified, then (a) the offer
shall be null and void; (b) the City shall be free to assign the Option
to any other person; and (c) if requested by City, Prather shall duly
execute_ and acknowledge a quitclaim deed to the Evans Property and hand
deliver the same to the office of the City Attorney by 5:00 p.m. on the
day following the expiration of the offer, but in no event later than
Tuesday, November 11, 1986. Prather shall indemnify and save City
_3_-
harmless from any claims, damages, or actions arising out of Prather's
failure to timely execute and deliver the quitclaim deed.
2. Should Prather timely perform the Acceptance Criteria, then City
shall duly execute and acknowledge an Assignment of Option in the form
attached hereto as Exhibit "5" and incorporated herein by this reference,
and deposit the same into the escrow opened by Prather within two (2)
business days of acceptance of the offer, but in no event later than 5:00
p.m. on Wednesday, November 13, 1986. City does not represent or warrant
that the Option is assignable. In the event the Option is not assignable.
Prather shall have the right to repayment of the 520,000 within 30 days
written demand therefor. The return of the $20,000 shall be Prather's
sole remedy in the event of non - assignability of the Option. City does
not make any representations or warranties concerning the Evans Property
by its execution of the Assignment of Option. Escrow fees and escrow
costs shall be split in the usual and customary manner. Any title
insurance on the assignment of option shall be paid for by Prather.
C. Entire Agreement.
1. This Agreement contains the entire agreement between the parties
respecting the matters set forth herein, and supersedes any prior
agreements between the parties respecting such matters. This Agreement
may not be altered or otherwise modified except by an instrument in
writing signed by the parties hereto.
D. Representation by Counsel.
1. City and Prather acknowledge that each of them is represented by
an attorney in this transaction. The parties agree that each party and
counsel have reviewed this Agreement and that any rule of construction to
the effect that ambiguities are to be resolved by the drafting party shall
not apply in the interpretation of this agreement or any amendments or--
exhibits thereto:
-4-
o o
E. Required Action of City and Prather.
1. City and Prather agree to execute all instruments and documents
and to take all actions pursuant to the provisions hereof in order to
consummate the transactions herein contemplated.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date and year first above written.
ATTEST:
CTlerk Pamela Vq6es
CITY
CITY OF SAN LUIS OBISPO
B% -
y�4i
Mayor Ron Dunin
PRAT HE
aul Prather
acque ne Prather
14�t�T'3,,' �f � . , '' � 'Cif f� '�''' ��ja• �' �� � %:�o c3: �'! ;:r S: ".. >.::��
That portion of Lot 1 in Block 149 of J. Barford's Addition to the City
Of San Isis Obispo, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to map filed for record April,
1876 in Book A at page 123 of Maps, described as follows..
Commencing at the Northeasterly corner of said Lot 1; and running thence
Southerly along the Easterly line of said Lot, 233.92 feet to the Northeasterly
corner of the property conveyed to Angelina Silacci, by deed recorded
June 17, 1936 in Book 197, page 92 of Official Records, records of said
County; thence North 87° 40' West along the Northerly line of the property
so conveyed, 184.18 feet, more or less, to the Westerly line of said Lot
1; thence Northerly along said Westerly line, 251.18 feet, more or less,
to the Northerly line of said Lot; thence Easterly along said Northerly
line, 171 feet, more or less, to the point of beginning.
Excepting therefrom that portion described in the deed to Martin V.
Smith, et ux., recorded April 8, 1963 in Book 1234, page 395 of Official
Records.
Also excepting therefrom that portion described in the deed to Classic
Equipment and Supply, Inc., a California corporation, recorded July 12,
1977 in Book 1994, page 179 of Official Records.
EXHIBIT �� it
_ �191 lj-LLU---
H J \rR r .F�lh� '� I r \DD' J\l
O
E V A N 8
TO CITY OF SAN LUIS OPI Sp0
SETBACK LINE WIPEN1Nfr
J
i
TOTAL AREA: 5510 SR FT
EXHO o0T 2-
06 .2D- 66 76t /s! K
EVANS
A portion of Lot 1 in Block 149 of J. Harford's addition to the City of
San Luis obispo, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to a map filed for record in Book A
at Page 12 of Maps in the Office of the County Recorder of said County,
which is described as follows:
Beginning at the intersection of the westerly line of Higuera St. and
the southerly line of South St. as shown on the map filed in Book 6 at
page 108 of Records of Surveys; thence South 30 15' 00" West along
the westerly line of Higuera St. a distance of 216.46 feet to a point;
thence North 860 48' 00" West a distance of 25.00 feet to a point;
thence North 30 15' 00" East parallel to the westerly line of
Higuera St. a distance of 200.76 feet to a point; thence on a curve to
the left with a radius of 20.00 through an angle of 840 26' 30" to
the southerly line of South St.; thence South 810 11' 30" East along
said southerly line a distance of 43.27 feet to the POINT OF
BEGINNING.
tpg /evans -2
by
That portion of Lot 1 in Block 149 of J. Barford's Addition to the City
Of San Luis Obispo, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to map filed for record April,
1816 in Book A at page 123 of Maps, described as follows:
Commencing at the Northeasterly corner of said Lot 1; and running thence
Southerly along the Easterly line of said Lot, 233.92 feet to the Northeasterly
corner of the property conveyed to Angelina Silacci, by deed recorded
June 17, 1936 in Book 197, page 92 of Official Records, records of said
County; thence North 87' 40' West along the Northerly line of the property
so conveyed, 184.18 feet, more or less, to the Westerly line of said Lot
1; thence Northerly along said Westerly line, 251.28 feet, more or less,
to the Northerly line of said Lot; thence Easterly along said Northerly
line, 171 feet, more or less, to the point of beginning.
Excepting therefrom that portion described in the deed to Martin V.
Smith, et ux., recorded April 89 1963 in Book 1234, page 395 of Official
Records.
Also excepting therefrom that portion described in the deed to Classic
Equipment and Supply. Inc., a California corporation, recorded July 12,
1,977 in Book 1994, page 179 of Official Records.
Also excepting therefrom that portion described in the deed to the City of
San Luis Obispo, recorded 198 Book page
of Official Records, described as follows:
Beginning at the intersection of the westerly line of Higuera St. and
the southerly line of South St. as shown on the map filed in Book 6 at
page 108 of Records of Surveys; thence South 30 15' 00" West along
the westerly line of Higuera St. a distance of 216.46 feet to a point;
thence North 860 48' 00" West a distance of 25.00 feet to a point;
thence North 30 15' 00" East parallel to the westerly line of
Higuera St. a distance of 200.76 feet to a point; thence on a curve tc
the left with a radius of 20.00 through an angle of 840 26' 30" to
the southerly line of South St.; thence South 810 11' 30" East along
said southerly line a distance of 43.27 feet to the POINT OF
BEGINNING.
4
RESOLUTION NO. 6045 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT ACQUIRING RIGHT -OF -WAY AT
110 HIGUERA STREET FROM PAUL AND JACQUELINE PRATHER
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "1"
and incorporated herein by reference, between the City of San Luis Obispo
and Paul and Jacqueline Prather 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: Paul and Jacqueline
Prather, Finance Director, Public Works Director, and City Attorney.
On motion of Councilman-Settle , seconded by Councilwoman
Dovev and on the following roll
call vote:
AYES: Councilmembers Settle, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 5th day
of August 1986.
AT EST: nn
Cr CLERK PAMELA V63ES
�a
City m nistr a cerJ
�-
City A t rney
R 6045
C,
EXHIBIT "1"
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
TO: Ticor Title Insurance Company
1212 Marsh Street
San Luis Obispo, California 93401
ATTN: , Escrow Officer
RE: Escrow Number
DATE: August , 1986.
SELLER: Paul Prather and Jackie Prather, husband and wife as
community property
BUYER: The City of San Luis Obispo, a chartered municipal
corporation of the State of California
THIS PURCHASE AGREEMENT is made and entered into effective
as of the date hereinafter set forth by and between the City of
San Luis Obispo, a chartered municipal. corporation, hereinafter
referred to as "Buyer" and Paul Prather and Jackie Prather,
husband and wife, hereinafter collectively referred to as
"Seller" who, as part of their agreement, direct the following
escrow instructions to Ticor Title Insurance Company, hereinafter
referred to as "Escrow Agent ", which, by its acceptance hereof,
agrees to be bound by the terms and conditions set forth herein.
RECITALS
WHEREAS, Seller is the owner of that certain parcel of real
property situated in the City of San Luis Obispo, County of San
Luis Obispo, State of California, assessor's parcel numbers
4- 801 -16 and 4- 801 -18, consisting of a portion of Lot 1, Block
149 of J. Harford's addition co m monly known as 110 Higuera
Street, San Luis Obispo, California and more fully described in
Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, Buyer desires to acquire a portion of said property
consisting of approximately 2,862 plus or minus square feet of
said property bordering on Higuera Street, in the City of San
Luis Obispo, plus improvements. thereon, for purposes of widening
Higuera Street; and
WHEREAS, Buyer desires to compensate Seller for any damages
to his business or property or improvements thereon as a result
of said acquisition or street widening; and
WHEREAS, Buyer intended to institute eminent domain
proceedings to acquire said property for said street widening had
it been unable to negotiate a purchase of said property; and
PRATHE2B.PUR 1
7/29/86
WHEREAS, Buyer and Seller prefer to avoid the expense and
delay of eminent domain proceedings and to provide for the
transfer of Seller's right, title and interest in said property
and improvements thereon to Buyer for and on the conditions set
forth in this Agreement; and
WHEREAS, Buyer and Seller have agreed that Seller shall have
the nonexclusive right to use the Property for ingress and
egress to and from Sellers' remaining adjoining property until
Buyer completes the widening of Higuera Street.
NOW, THEREFORE, for valuable consideration, each of the
parties hereto, intending to be legally bound, does hereby agree
as follows:
1. DESCRIPTION OF PROPERTY
1.1 General Description. Seller agrees to sell and
Buyer agrees to purchase the easterly 25 feet of the property
consisting of approximately 2,862 plus or minus square feet as
shown on that certain improvement plan and legal description
attached hereto marked as Exhibit "B" of that-certain parcel of
real property situated in the City of San Luis Obispo, County of
San Luis Obispo, State of California, commonly known as asses-
sor's parcel numbers 4- 801 -16 and 4- 801 -18, consisting of a
portion of Lot 1, Block 149 of J. Harford's addition as more
fully described in Exhibit "B" attached hereto, hereinafter
referred to as "the Property ".
2.
2.1 The purchase price of the Property and compensa-
tion for any damages to Seller's business or property or improve-
ments on the property as a result of Buyer's acquisition shall be
Ninety Thousand and N0 1100 Dollars ($90,000.00.) payable in cash
as further set forth herein.
3. PAYMENT OF PURCHASE PRICE
The entire purchase price shall be paid in cash through
escrow at the close of escrow.
4. ITEMS FOR DELIVERY BY PARTIES
4.1 Deliveries by Buyer. Buyer shall deliver the
following to Escrow Agent not later than 4:30 p.m., on the date
prior to the closing date for release and /or disbursement to
Seller and to pay Buyer's costs hereunder.
PRATHE2B.PUR 2
7/29/86
C> O
4.1.1 The cash payment of the purchase price
as required by Section 3, above;
4.1.2 Funds required of Buyer as its share of
the escrow fees, closing costs and prorations pursuant to the
provisions of these Instructions unless Buyer has made arrange-
ments satisfactory to Escrow Agent to invoice such amounts to
Buyer for payment outside of escrow;
4.2 Sellers Deliveries. Seller shall deliver the
following to Escrow Agent not later. than 4:30 p.m., on the day
prior to the close of escrow for release and /or recording and
delivery to Buyer and to pay Seller's costs hereunder.
4.2.1 A Grant Deed for the Property, or such
other instrument as agreed by the parties, duly executed and
acknowledged and in form suitable for recording, vesting title to
the Property in the name of Buyer. In the event legally abandon-
ed underground storage tanks are located on the Property, the
location of same shall be described in the Grant Deed;
4.2.2 A partial reconveyance of any trust
deeds recorded against Seller's property as to that .portion of
Seller's property which Buyer is acquiring through this Agree-
ment; and
4.2.3 An executed License Agreement as
Provided in paragraph 15.3.4 herein.
5. CONDITION OF -TITLE
5.1 Title.. Title shall be conveyed by Seller as set
forth in paragraph 4 herein, free of all liens, encumbrances,
covenants, conditions, restrictions, easements, and rights of way
of. record, leases or other possessory interests, other than the
following:
5.1.1 Then- current taxes not yet delinquent;
.5.1.2 Current assessments not yet then due and
payable;
PRATHE2B.PUR 3
7/29/86
4.1.3
A Preliminary Change
of Ownership
Information
Statement
as required by the County
Assessor of San
Luis Obispo
County unless the Buyer is exempt from said require-
ment by law;
4.1.4
An executed Certificate
of Acceptance;
and
4.1.5
An executed License
Agreement as
provided in
paragraph
15.3.4 herein.
4.2 Sellers Deliveries. Seller shall deliver the
following to Escrow Agent not later. than 4:30 p.m., on the day
prior to the close of escrow for release and /or recording and
delivery to Buyer and to pay Seller's costs hereunder.
4.2.1 A Grant Deed for the Property, or such
other instrument as agreed by the parties, duly executed and
acknowledged and in form suitable for recording, vesting title to
the Property in the name of Buyer. In the event legally abandon-
ed underground storage tanks are located on the Property, the
location of same shall be described in the Grant Deed;
4.2.2 A partial reconveyance of any trust
deeds recorded against Seller's property as to that .portion of
Seller's property which Buyer is acquiring through this Agree-
ment; and
4.2.3 An executed License Agreement as
Provided in paragraph 15.3.4 herein.
5. CONDITION OF -TITLE
5.1 Title.. Title shall be conveyed by Seller as set
forth in paragraph 4 herein, free of all liens, encumbrances,
covenants, conditions, restrictions, easements, and rights of way
of. record, leases or other possessory interests, other than the
following:
5.1.1 Then- current taxes not yet delinquent;
.5.1.2 Current assessments not yet then due and
payable;
PRATHE2B.PUR 3
7/29/86
C J
5.1.3 Such other exceptions to title as are
approved by Buyer pursuant to Section 5.2 below;
5.1.4 Liens and encumbrances resulting from or
attributable to the activities of Buyer pursuant to its right to
enter upon the Property for inspection, surveying and testing
purposes; and
5'.1.5 The License Agreement referred to in
paragraph 15.3.4. herein.
5.2 Approval of Title. Buyer hereby approves those
exceptions and exclusions set forth on that certain preliminary
title report dated March 4, 1986, and attached hereto as Exhibit
"C" except numbers 5 and 6.
5.3 Defects in Title. Seller shall have until the
scheduled closing date specified in Section 7, below, to remove
those exceptions referred to in paragraph 5.2 herein. If, in the
reasonable judgment of Buyer, Seller has been unable to remove
said exceptions by such date, then Buyer, at its option, may
elect (a) to proceed to close the escrow, or (b) to terminate
this escrow by giving written notice of termination to Escrow
Agent and to Seller prior to the expiration of ten (10) days
After the "scheduled closing date. Should Buyer give written.
notice of termination of escrow a_s provided herein, Seller and /or
Escrow Agent shall return to Buyer any sums previously paid to
Seller- pursuant to this Agreement, and any interest accrued
thereon, and shall pay all escrow cancellation charges. Buyer
And Seller shall thereupon be relieved and discharged of any
further liability to one another hereunder for the purchase and
sale of the Property.
6. CONDITIONS TO CLOSING
The Escrow Agent shall file, record and deliver the
closing documents and disburse to Seller the purchase price and
other sums payable to Seller hereunder provided that, at the
closing date:
6.1 Occurrence of Conditions. All conditions of this
Purchase Agreement and Escrow Instructions have been fully
performed; and
6.2 Issuance of Title Policy. Escrow Agent is then
in a position to procure and deliver to Buyer a standard coverage
CLTA Owner's policy of title insurance issued by Ticor Title
Insurance of California, in the usual form containing the usual
printed exceptions. The liability on such title insurance policy
shall be in an amount equal.to the purchase price of the Property
and said policy shall show title to the Property vested in Buyer,
or Buyer's nominee, subject only to those exceptions to title
PRATHE2B.PUR 4
7/29/86
specified in Section 5.1, above, or approved by Buyer pursuant to
Section 5.2 above. Buyer, at its option may increase the
coverage under such policy but any additional premium shall be at
the cost and expense of Buyer.
7. ESCROW OPENING AND CLOSING DATE
7.1 Scheduled opening Date. Buyer shall cause escrow
to be opened within five (5) days after the effective date of
this agreement.
7.2 Scheduled Closing Date.
as hereinafter provided, escrow shall
(30) days after the effective date of
date is a weekend or legal holiday
shall close on the following day that
holiday. As used herein, the closing
which a Grant Deed or other instrument
the Property in Buyer is recorded in
Recorder of San Luis Obispo County,
Property is situated; and
Subject to an extension
close on or before thirty
this Agreement unless said
in which event the escrow
is not a weekend or legal
date shall be the date on
as agreed vesting title to
the offices of the County
the county in which the
7.3 Extension by Mutual Agreement. The closing date
may be extended by written .instructions to the Escrow Agent
executed by both Buyer and Seller..
S. PRORATIONS
8.1 Escrow Agent shall prorate between Buyer and
Seller as of the close of escrow, on the basis of thirty -day (30)
months, and a 360 day year general and special property taxes,
bonds and assessments on the Property for the then current fiscal
year.
9. PAYMENT OF ESCROW FEE AND- CLOSING COSTS
9.1 Seller's Costs. Seller shall pay all documentary
and local transfer taxes related to the conveyance of title to
the Property to Buyer and the costs of preparing and recording
the Grant Deed for the Property.
9.2 Buyer's Costs. Buyer shall pay all costs and
fees related to any financing obtained by Buyer, the costs of
preparing, filing and /or recording any documents related thereto
and the cost of the CLTA owner's policy referred to in paragraph
6.2 herein.
9.3 Prorated Costs and Fees. Except as otherwise
expressly provided herein, charges made by the Escrow Agent for
its services and other advances made by Escrow Agent for record-
ation and filing fees shall be allocated between and borne by
Buyer and Seller in accordance with the customary practice of
Escrow Agent.
PRATHE2B.PUR 5
1/29/86
9.4 Cancellation Fees. Should this escrow fail to
close on or before the scheduled closing date, or any extension
thereof as provided herein, due to the fault or neglect of Buyer
or Seller or the failure of Buyer or Seller to perform their
respective obligations hereunder, then, as between Buyer and
Seller, all escrow costs and fees shall be paid by the defaulting
party.
10. TIME
Time is of the essence of each and every provision of
this Agreement and the Instructions contained herein.
11. FAILURE OF CONDITIONS: TERMINATION
11.1 If any condition to the close of escrow
:specified in this Agreement fails to occur on or before the
scheduled closing date, then any party who, in the exercise of
reasonable judgment, believes it is.not in default in the perfor-
mance of its obligations under these Instructions and that the
other party is in default in the performance of its obligations,
shall have the right to give written notice of termination of
this Agreement and the escrow established hereunder to the Escrow
Agent, specifying the reason therefore.
11.2 Promptly upon receipt of any such notice,
Escrow Agent shall furnish a copy thereof to the other party. If
such other party does not give written notice to the Escrow Agent
within ten (10) business days .after its receipt of a copy of the
notice of termination, objecting to the termination of the escrow
and setting forth the basis of such objection, then this escrow
shall be terminated. If timely written objection of the termina-
tion of this escrow is made by the other party, then the Escrow
Agent shall proceed as provided in Section 14.2, below.
11.3 The exercise of the right to terminate shall
not constitute a waiver of the rights which either party may have
against the other for breach of or failure to perform its obliga-
tions hereunder. Subject to the provisions of paragraph 5.3
herein, upon termination of the escrow as provided herein, and
the payment of escrow costs and fees, the Escrow Agent shall
remit to the party entitled thereto any monies, documents or
instruments deposited with the Escrow Agent hereunder.
12. BROKER'S COMMISSIONS
Seller represents and warrants to Buyer and Buyer
represents and warrants to Seller that no broker, salesman, or
finder has been engaged by it, respectively, in connection with
the transaction contemplated by this Agreement. Should any claim
for any broker's or finder's fee or commission be made in
PRATHEM PUR 6
7/29/86
connection with the negotiation, execution, or consummation of
the transaction contemplated by this agreement, Buyer shall
indemnify, defend and hold Seller harmless from and against any
such claim upon any statement, representation or agreement shown
to have been made by Buyer, and Seller shall indemnify, defend
and hold Buyer harmless from and against any such claim based
upon any statement, representation or agreement shown to have
been made by Seller.
13. ADDITIONAL ESCROW INSTRUCTIONS
The parties hereto agree to execute such additional
escrow instructions as may reasonably be required by the Escrow
Agent promptly after a request therefore from said Agent; pro-
vided, however, that no such additional escrow instructions shall
be inconsistent with the terms or conditions hereof. Any
conflict between the provisions of these instructions and any
printed, standard form escrow instructions that may be executed
by the parties shall be resolved in favor of these instructions
unless expressly noted to the contrary by the parties in writing.
14. GENERAL INSTRUCTIONS
14.1 Escrow Fees Indemnification
14.1.1 Buyer and Seller shall pay the customary
fees of the Escrow Agent in San Luis County, and shall. reimburse
such Agent's disbursements, as provided in Sect -ion 9, above.
14.1.2 Buyer and Seller jointly and severally
agree to pay, and to hold Escrow Agent harmless from and against
any and all costs, charges, damages, judgments and attorneys'
fees which Escrow Agent may incur or suffer in connection with or
arising out of this escrow, including those attributable to can-
cellation of this escrow upon notice of termination given as
provided by these instructions, but excluding those attributable
to the fault or neglect of Escrow Agent or its failure to perform
its duties and obligations hereunder.
14.2 Conflicting Demands. Should Escrow Agent receive
or become aware of any conflicting demands or claims with respect
to this escrow or the rights of any party with respect to this
escrow or the rights or any party hereto or any money or property
deposited herein or affected hereby; Escrow Agent shall have the
right to discontinue its performance under these instructions
until the conflict is resolved to its satisfaction, and shall
have the further right to commence or defend any action or
proceeding, including interpleader proceedings, for the purposes
of resolving such conflict, and to be indemnified from the costs
and.expense thereof as provided in Section 14.1, above.
PRATHE2B:PUR 7
7/29/86
14.3 Time for Closing. If Escrow Agent is unable to
comply within the time specified herein for the close of escrow,
Escrow Agent will return any /or all documents, money or property
to the parties in accordance with these instructions upon termi-
nation of escrow as provided in Section 11, above. In the
absence of such termination, Escrow Agent will proceed to
consummate this escrow as soon as possible.
14.4 Checks and-Disbursements. All deposits of monies
into escrow shall be made by cash or by certified or cashier's
Check payable to the order of the Escrow Agent unless Escrow
Agent agrees to accept funds in another form. All disbursements
shall be made by the Escrow Agent on its usual form of escrow
check, and shall be mailed by United 'States mail to the address
of the party entitled thereto as set forth on the signature page
of these instructions unless disbursement in another manner is
requested by the party entitled to such funds in supplemental
escrow instructions accepted by the Escrow Agent.
14.5 Counterparts.. These instructions may be
executed in one or more counterparts, each of which, when so
executed, shall be deemed an original, and each such counterpart
together shall constitute one and the same instrument.
14.6 Copies to Agents. Escrow Agent is authorized to
furnish a copy of these instructions, or any amendments thereto,
closing statements and /or any other documents deposited in this
escrow to the lender or lenders of the parties and /or their
respective counsel, upon the request of any such persons.
14.7 Endorsement of Closing Date. The Escrow Agent
is hereby authorized to endorse the date of the close of escrow
on all promissory notes, trust deeds and other documents and
instruments required to be delivered to the Buyer and /or Seller
upon the close of escrow.
14.8 Notices. The Escrow Agent is authorized to give
any notices permitted or required to be given to the parties pur-
suant to these instructions in accordance with the,provisions of.
Section 15.9, of this Agreement.
15. ADDITIONAL AGREEMENT OF THE.PARTIES
As part of their agreement, but with which the Escrow
Agent need not be concerned, Buyer and Seller further agree as
follows:
15.1 Mutual Covenants of.:Buver and Seller. Seller
represents and warrants to Buyer, and Buyer warrants and repre-
sents to Seller that:
PRATHE2B.PUR 8
7/29/86
15.1.1 The Warranting Party has the full right,
power and authority to enter into this Agreement;
15.1.2 The Warranting Party is duly organized,
validly existing and in good standing under the laws of the State
of California and is qualified and licensed under any and all.
applicable laws, regulations and ordinances to carry on its
business in the places and in the which the same is
presently conducted;
15.1.3 This Agreement and all agreements,
instruments and documents herein provided to be executed are duly
executed by and binding upon the Warranting Party; and
15.1.4 This Agreement does not now and shall
not hereafter breach, invalidate, cancel, make inoperative or
interfere with any contract, agreement, instrument, mortgage,
Deed of Trust, promissory note, lease, bank loan or credit
agreement to which the Warranting Party is subject or by which it
is bound.
15.2 Additional Representations of Seller. Seller
further warrants and represents to Buyer that:
15.2.1 There are no condemnation proceedings
pending or threatened against the Property except as may be
instituted by Buyer; and
15.2.2 The title conveyed to Buyer will be a
marketable fee simple title, not encumbered by any easement,
license, or other rights not disclosed by public records or
specifically referred to in this Agreement;
15.2.3 Seller hereby makes certain representa-
tions and warranties as of the close of escrow and shall be
conditions precedent to the close of escrow as follows:
a) There are no actions, suits, claims,
legal proceedings or any other proceedings effecting the Property
or any portion thereof at law or in equity or before any Court or
governmental agency, domestic or foreign;
b) There are no buildings on the Property
qualifying as historical structures;
C) Seller has no knowledge of any pending
or threatened proceeding in eminent domain or otherwise by any
public entity other than that relating to the widening of Hguera
Street by the City of San Luis Obispo;
d) There are no leases, subleases, occupan-
cies or tenancies in effect pertaining to the Property;
PRATHEM PUR 9
7/29/86
o
e) That there are no liens or encumbrances
on, or claims to, or covenants, conditions and restrictions,
easements, rights of way, rights of first refusal, options to
purchase or other matters effecting the Property;
f) That there is no material adverse fact
or condition relating to the Property or any portion thereof,
which has not been specifically disclosed in writing by Seller to
Buyer;
g) That Seller has the legal power, right
and authority to enter into an agreement for the sale of this
Property to Buyer;
h) That there are no fixtures on the Pro-
perty in which anyone other than the Seller will have any claim,
rights or security or other interests at the close of escrow;
i) That there ate no encroachments on to
the Property" of improvements located on any adjoining property
nor to any improvements located on the Property located on to any
adjoining property;
j) That there are no prescriptive or other
easements effecting the Property; and
k) That all underground storage tanks have
been removed from the Property or legally abandoned thereon, that
the property shall be free from gasoline or other petroleum
byproducts contamination and the soil filled and recompacted to
ninety (90 %) percent relative compaction based on a soils test.
15.3 Right of .Entry /Easement re Passage
15.3.1 Seller agrees that Buyer and its
officers, agents and employees shall be entitled to enter into
and upon the Property for the purpose of making such inspections,
surveys, engineering, soils and geological tests, including test
borings and soundings, and other studies as Buyer shall determine
to be necessary or desirable.
15.3.2 Buyer agrees to keep the Property free
and clear of all liens resulting from or attributable to Buyer's
activities on the Property prior to the close of escrow, and
shall indemnify and hold Seller free and harmless from. any
damage, liability, cost or expense, including attorneys' fees,
resulting from or attributable to Buyer's activities on the
Property.
15.3.3 If Buyer fails to complete the purchase
of the Property as provided by this Agreement for any reason
PRATHE2B.PUR 10
7/29/86
U
other than the fault or neglect
the Property to substantially the
to Buyer's entry pursuant to this
O
of Seller, Buyer
same condition as
Section 15.3.
shall restore
existed prior
15.3.4 Buyer and Seller agree to execute and
acknowledge the License Agreement a copy of which is attached
hereto, marked Exhibit "D ", and hereby incorporated herein by
this reference, allowing Seller the nonexclusive use of the
Property for ingress and egress until such time as Buyer- has
completed the improvements related to the widening of Higuera
Street. As set forth therein Seller agrees to indemnify and hold
Buyer harmless from the actions or omissions of Seller or
Sellers' agents or invitees related to Sellers' __ of the
Property.
15.4 Conditions of Approval. Each of the conditions of
the close of escrow set forth herein shall be deemed to be
covenants and Buyer and Seller each promise to the other to
perform all of the conditions required to be satisfied by them
hereunder.
15.5 Survival of_ Representations. The representations
of each of the parties and their executory covenants, excepting
the representation set forth in paragraph 15.2.4 subparagraph k,
shall survive the close of escrow and shall not be merged in the
Grant Deed delivered to and accepted by Buyer. The representa-
tion set forth in paragraph. 15.2.4 subparagraph k shall not
survive the close of escrow.
15.6 Possession. Possession of the Property shall be
delivered to Buyer immediately upon the close of escrow.
15.7 Remedies. Should either party default in the
performance of any of its obligations hereunder, or fail to
complete the sale and purchase provided for herein, the nonde-
faulting party shall be excused from all obligations and duties
and may proceed against the defaulting party on any cause of
action or any remedy at law or in equity (including the right of
Buyer to specific performance).
15.8 Binding Effect; Assignment. Buyer shall not be
entitled to assign its rights and /or to delegate its duties
hereunder to any person. or entity, other than a governmental
entity, and any purported assignment or attempt to assign shall
be null and void and without legal effect.
15.9 Notices. Any notices permitted or required
hereunder shall be in writing and shall be deemed to have been
given when personally delivered or on the third business day
after the date on which mailed by certified or registered mail,
return receipt requested, addressed as follows:
PRATHE2B.PUR 11
7/29/86
15.10 Attorneys' Fees. Should any action or
proceeding be necessary to construe or enforce the terms or con-
ditions of this Agreement, or the validity thereof, then the
party prevailing in such action shall be entitled to recover all
court costs and reasonable attorneys' fees, to be fixed by the
court and taxed as part of the judgment therein.
15.11 Further Assurances. Buyer and Seller each
agree to cooperate with one another and to perform such acts and
to execute such documents or instruments as may be necessary or
proper to consummate the transaction contemplated by this Agree-
ment and the foregoing instructions.
15.12 Interpretations. As used in this Agreement, the
masculine, feminine and neuter gender and the singular or plural
numbers shall each be deemed to include the other whenever the
context indicates or requires. The captions to the various
Sections and paragraphs of this Agreement are only for
convenience and reference purposes and are not intended to define
or limit the provisions to which they relate. The parties agree
that each party and counsel have reviewed this Agreement and that
any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the
interpretation of this agreement or any amendments or exhibits
thereto.
15.13 Effective Date. This Agreement shall be
effective on the date it is approved by Buyer's City Council.
Said approval shall be given no later than August 5, 1986 or this
Agreement shall be null and void and without further effect.
15.14 Complete Agreement.. This document and its
exhibits constitute the entire agreement of the parties and. may
not. be altered or amended except by an agreement in writing
signed by the parties after the date hereof.
PRATHE2B.PUR
7/29/86
12
v
I V
To Seller:
Mr. and Mrs. Paul Prather
c/o Budget Rent a Car
617 South Broadway
Santa Maria, California 93454
To Buyer:
City Attorney
Post Office Box 8100
San Luis Obispo, California
93403 -8100
15.10 Attorneys' Fees. Should any action or
proceeding be necessary to construe or enforce the terms or con-
ditions of this Agreement, or the validity thereof, then the
party prevailing in such action shall be entitled to recover all
court costs and reasonable attorneys' fees, to be fixed by the
court and taxed as part of the judgment therein.
15.11 Further Assurances. Buyer and Seller each
agree to cooperate with one another and to perform such acts and
to execute such documents or instruments as may be necessary or
proper to consummate the transaction contemplated by this Agree-
ment and the foregoing instructions.
15.12 Interpretations. As used in this Agreement, the
masculine, feminine and neuter gender and the singular or plural
numbers shall each be deemed to include the other whenever the
context indicates or requires. The captions to the various
Sections and paragraphs of this Agreement are only for
convenience and reference purposes and are not intended to define
or limit the provisions to which they relate. The parties agree
that each party and counsel have reviewed this Agreement and that
any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the
interpretation of this agreement or any amendments or exhibits
thereto.
15.13 Effective Date. This Agreement shall be
effective on the date it is approved by Buyer's City Council.
Said approval shall be given no later than August 5, 1986 or this
Agreement shall be null and void and without further effect.
15.14 Complete Agreement.. This document and its
exhibits constitute the entire agreement of the parties and. may
not. be altered or amended except by an agreement in writing
signed by the parties after the date hereof.
PRATHE2B.PUR
7/29/86
12
�I
IN WITNESS WHEREOF, Buyer and Seller have executed this
Purchase Agreement and these Escrow Instructions on the date
set forth opposite their respective names.
Dated: g Ig lg�
ATTEST: /
V
City Clerk Pame Voges
l
BUYER
CITY OF SAN LUIS OBISPO,
a chartered municipal corporation
By,
mayor rolri'l3unin
S ET LER
,//
Date PAUL PRATHER
- eo
Date
PRATHE2B.PUR
7/29/86
13
C`, J 152544 -DW
PAGE 4
(DW1)
DESCRIPTION
PARCEL 1:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 30 15' 00"
WEST, 216.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 860 48' 00" WEST, 120.00 FEET;
THENCE SOUTH 3° 15' 00" WEST, 103.05 FEET TO THE SOUTHERLY LINE OF
THE PORTION OF SAID LOT 1 DESCRIBED IN THE DEED TO R. A. LOOMIS,
RECORDED MAY 25, 1876 IN BOOK H, PAGE 449 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 81° 11' 30" EAST, 114.77 FEET
TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 21, 1961 IN BOOK 1140, PAGE 47 OF
OFFICIAL RECORDS;
THENCE ALONG SAID WESTERLY LINE, NORTHERLY FROM A TANGENT LINE
BEARING NORTH 170 02' 34" EAST, ALONG A CURVE CONCAVE WESTERLY_ HAVING
A RADIUS OF 200 FEET,,THROUGH A CENTRAL ANGLE OF 130 47' 34 ", AN ARC
DISTANCE OF 48.15 FEET TO THE WESTERLY LINE OF SAID HIGUERA STREET;
THENCE ALONG SAID WESTERLY LINE OF HIGUERA STREET, NORTH 3° 15' 00"
EAST, 66.59 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF LOT 1 IN BLOCK
149 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AS SHOWN ON MAP .FILED IN BOOK A, PAGE 123 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF BIGUERA STREET, SOUTH 3° 15' 0'0"
WEST, 196.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 30 1.5' 00" WEST,
20.00 FEET;
THENCE NORTH 86° 48' 00" WEST, 20.00 FEET;
THENCE NORTH 480 13' 27" EAST, 28.30 FEET TO THE TRUE POINT OF
BEGINNING.
E AX ri is
I 111131T "Alf
-�' 152544 -DW
PAGE 5
(DWI)
PARCEL 3:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING WESTERLY ALONG THE EXTENSION OF THE SOUTHERLY LINE OF
SAID PARCEL, NORTH 810 11' 30" WEST, 69.08 FEET TO A POINT IN THE
EAST LINE OF THE NIPPON TRACT RECORDED IN BOOK 5, PAGE 2.3 OF MAPS;
THENCE NORTHERLY ALONG SAID EAST LINE NORTH 60 31' EAST, 78.37 FEET;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST, 64.27
FEET TO A POINT ON THE WEST LINE OF THAT PARCEL SHAWN ON SAID RECORD
OF SURVEY MAP IN BOOK 13, PAGE 23;
THENCE SOUTH 30 15' WEST, 85.59 FEET ALONG SAID WEST LINE TO POINT OF
BEGINNING.
PARCEL 4:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOR
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOR 1.39 PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING NORTH 30 15' EAST 85..59 FEET ALONG THE WEST LINE OF
SAID PARCEL TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE.AND RUNNING NORTH 860 48' WEST 64.27
FEET TO A POINT ON THE EAST LINE OF THE NIPPON TRACT SHOWN IN BOOK 5,
PAGE 23 OF MAPS;
THENCE RUNNING NORTH 60 31' EAST 17.49 FEET ALONG SAID EAST LINE TO A
POINT;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST 63.27
FEET TO THE NORTHWEST CORNER OF SAID PARCEL SHOWN ON SAID RECORD OF
SURVEY MAP IN BOOK 13, PAGE 23;
THENCE RUNNING SOUTH 3° 15' WEST, 17.46 FEET ALONG SAID WEST LINE TO
THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
�/ A-Ar rr .F�DJS �r\- DDJJN 13LOGK
9bo- - - -L -� 149
yy9
--I aLOOq 80
_- LOT 116 �-
z
3
5_
cA g
0
z
CZ
L
T
W Ma-
1Y 47'34'
42. ►5'
24.19'
M HI&VERA ST.
TO CITY OF SAN LUIS 00ISpO
SETBACK LINE WIPEN1NGr
DZD
N 30 IS' CO u E
rM0 4"
8
N
P. D. g.
TOTAL AREA: 262 SR FT
EXHIBIT "B"
RENT -A -CAR
That portion of Lot 1 of Block 149 of the J. Harford Addition, in the City
of San Luis Obispo, County of San Luis Obispo, according to the map
thereof recorded in Book A, Page 123 of Maps, in the office of the County
Recorder of said County, which is described as follows:
Beginning at a point on the westerly line of Higuera Street that bears
South 30 15' 00" West, 216.46 feet from the intersection of the
westerly line of Higuera Street with the southerly line of South
Street, as said points are shown on Record of Survey recorded in Book
13 page 23; thence South 30 15' 00" West along the westerly line of
Higuera Street, a distance of 66.59 feet to a point; thence on a curve
to the right, tangent to the last described line, with a radius of
200.00 feet, through an angle of 130 47' 34 ", for a length of 48.15
feet to a point; thence North 810 11' 30" West, a distance of 25.54
feet to a point; thence northerly on a curve having a tangent that
bears North 160 01' 53" East, with a radius of 250.00 feet through
an angle of 120 46' 53 ", for a length of 55.17 feet to a point;
thence North 30 15' 00" East, a distance of 56.46 feet to a point;
thence South 860 48' 00" East, a distance of 25.00 feet to the Point
of Beginning.
Containing .0657 acres, more or less.
TPG /desc
by
P R E L I M I N A R Y R E P O R T
TICOR TITLE INSURANCE
1212 MARSH STREET
SAN LUIS OBISPO, CALIFORNIA 93406
(805) 543 -2900
CITY OF SAN LUIS OBISPO
ATTN: ANN RUSSELL
BOX 8100
SAN LUIS OBISPO, CA. 93403
YOUR REFERENCE: PRATHER
OUR NO. 152544
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF
THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING
THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,
INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR
NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDI-
TIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS
ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A
POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT
IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUEST-
ED.
DATED AS OF MARCH 4, 1986, AT 7:30 A.M.
TITLE OFFICER: DEBBIE WEGEMER
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
CLTA STANDARD COVERAGE POLICY - 1973
EXHUBIT "C"
I
152544 -DW
PAGE 2
(DWI)
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS A FEE.
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PAUL PRATHER AND JACQUELINE PRATHER,
HUSBAND AND WIFE AS JOINT TENANTS
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. FOR TARES, BONDS AND ASSESSMENTS, CURRENT OR DELINQUENT, SEE
EXHIBIT "I" ATTACHED.
2. A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIMS FOR
DAMAGES TO SAID LAND BY REASONS STATED HEREIN, CONTAINED IN THE DEED
FROM JOSEPH ESCOBEDO
REASON LOCATION, CONSTRUCTION, LANDSCAPING AND
MAINTENANCE OF A HIGHWAY CONTIGUOUS
THERETO
RECORDED AUGUST 21, 1961 IN BOOK 1140, PAGE 47 OF
OFFICIAL RECORDS.
3. A RIGHT OF WAY OVER THE WESTERLY PORTION OF PARCELS 2 AND 3 AND
AN EASEMENT OVER A RECTANGULAR PARCEL OF LAND WITHIN PARCELS 2 AND 3
AS DISCLOSED BY A MAP RECORDED IN BOOK 6, PAGE 108 OF RECORD OF
SURVEYS.
4. COVENANT
DATED
BY 6 BETWEEN
FOR
RECORDED
APRIL 3, 1963
SIGNAL OIL COMPANY (A DIVISION OF
STANDARD OIL COMPANY OF CALIFORNIA), AND
MARTIN V. SMITH
A CONDITIONAL USE PERMIT
APRIL 11, 1963 IN BOOK 1235, PAGE 300
OF OFFICIAL RECORDS.
i
152544 -DW
PAGE 3
(DW1)
5. AN UNRECORDED LEASE, AFFECTING THE PREMISES HEREIN STATED,
EXECUTED BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND
UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED,
TYPE. OF LEASE COMMERCIAL
DATED MARCH 30, 1967
LESSOR STANDARD OIL COMPANY OF CALIFORNIA
LESSEE HUMBLE OIL & REFINING COMPANY
DISCLOSED BY MEMORANDUM OF SUBLEASE OF PFI PROPERTIES
RECORDED APRIL 26, 1967 IN BOOK 1432, PAGE 642 OF
OFFICIAL RECORDS
AFFECTS PARCELS 1 AND 2 HEREIN DESCRIBED
NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID LEASE-
HOLD OR MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR
LESSEE ARISING OUT OF OR OCCASIONED BY SAID LEASE.
6. A DEED OF TRUST, AND
NESS OF THE AMOUNT STATED
DATED
ORIGINAL AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
INSTRUMENT NO
DESCRIPTION:
THE LAND REFERRED
CALIFORNIA, COUNTY
ATTACHED HERETO.
DW:VH
3/18/86
ALL TERMS THEREOF, TO SECURE AN INDEBTED -
HEREIN,
APRIL 12, 1985
$112,500,.00
PAUL PRATHER AND JACQUELINE PRATHER,
HUSBAND AND WIFE AS JOINT TENANTS
MSB PROPERTIES, INC.
MID -STATE BANK, A CALIFORNIA BANKING
CORPORATION
MAY 13, 1985 IN BOOK 2706, PAGE 359 OF
OFFICIAL RECORDS
25932.
TO IN THIS REPORT I.S SITUATED IN THE STATE OF
OF SAN LUIS OBISPO, AND IS DESCRIBED AS FOLLOWS:
I r
152544 -DW
PAGE 4
(DWI)
DESCRIPTION
PARCEL 1:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 3° 15' 00"
WEST, 216.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 86° 48' 00" WEST, 120.00 FEET;
THENCE SOUTH 30 15' 00" WEST, 103.05 FEET TO THE SOUTHERLY LINE OF
THE PORTION OF SAID LOT 1 DESCRIBED IN THE DEED TO R. A. LOOMIS,
RECORDED MAY 25, 1876 IN BOOK H, PAGE 449 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 81° 11' 30" EAST, 114..77 FEET
TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 21, 196.1 IN BOOK 11402 PAGE 47 OF
OFFICIAL RECORDS;
THENCE ALONG SAID WESTERLY LINE, NORTHERLY FROM A TANGENT LINE
BEARING NORTH 17° 02' 34" EAST, ALONG A CURVE CONCAVE WESTERLY HAVING
A RADIUS OF 200 FEET, THROUGH A CENTRAL ANGLE OF 13° 47' 34 "; AN ARC
DISTANCE OF 48.15 FEET TO THE WESTERLY LINE OF SAID HIGUERA STREET;
THENCE ALONG SAID WESTERLY LINE OF HIGUERA STREET, NORTH 3° 15' 00"
EAST, 66.59 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF LOT 1 IN BLOCK
149 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 123 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 30 15' 00"
WEST, 196.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 30 15' 00" WEST,
20.00 FEET;
THENCE NORTH 860 48' 00" WEST, 20.00 FEET;
THENCE NORTH 480 13' 27" EAST, 28.30 FEET TO THE TRUE POINT OF
BEGINNING.
-� 152544 -DW
PAGE 5
(DW "1)
PARCEL 3:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA.,.AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING WESTERLY ALONG THE EXTENSION OF THE SOUTHERLY LINE OF
SAID PARCEL, NORTH 810 11' 30" WEST, 69.08 FEET TO A POINT IN THE
EAST LINE OF THE NIPPON TRACT RECORDED IN BOOK 5, PAGE 23 OF MAPS;
THENCE NORTHERLY ALONG SAID EAST LINE NORTH 60 31' EAST, 78.37 FEET;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST, 64.27
FEET TO A POINT ON THE WEST LINE OF THAT PARCEL SHOWN ON SAID RECORD
OF SURVEY MAP IN BOOK 13, PAGE 23;
THENCE SOUTH 30 15' WEST, 85.59 FEET ALONG SAID WEST LINE TO POINT OF
BEGINNING.
PARCEL 4:
THAT PORTION OF LOT 1 .IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOR
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING NORTH 30 15' EAST 85.59 FEET ALONG THE WEST LINE OF
SAID PARCEL TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE AND RUNNING NORTH 860 48' WEST 64.27
FEET TO A POINT ON THE EAST LINE OF THE NIPPON TRACT SHOWN IN BOOK 5,
PAGE 23 OF MAPS;
THENCE RUNNING NORTH 60 31' EAST 17.49 FEET ALONG SAID EAST LINE TO A
POINT;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST 63.27
FEET TO THE NORTHWEST CORNER OF SAID PARCEL SHOWN ON SAID RECORD OF
SURVEY MAP IN BOOK 13, PAGE 23;
THENCE RUNNING SOUTH 30 15' WEST, 17.46 FEET ALONG SAID WEST LINE TO
THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
152544 -DW
PAGE 6
(DWI)
EXHIBIT "I"
1. GENERAL AND SPECIAL
COUNTY TAXES AND CITY TAXES FOR THE FISCAL
YEAR 1.985 -1986, INCLUDING
PERSONAL PROPERTY TAX, IF ANY,
TOTAL. AMOUNT
$1,287.44
FIRST INSTALLMENT
$ 642.73 - PAID
PERSONAL PROPERTY OF
NONE
IN THE AMOUNT OF
NONE
SECOND INSTALLMENT
$ 642.73
CODE AREA
003 -000
PARCEL NO.
04- 801 -16 -000
TOTAL AMOUNT
$429.14
FIRST INSTALLMENT
$214.57 - PAID
PERSONAL PROPERTY OF
NONE
IN THE AMOUNT OF
NONE
SECOND INSTALLMENT
$214.57
CODE AREA
PARCEL NO.
003 -000
04- 801 -18 -000
TOGETHER WITH SUCH ADDITIONAL AMOUNTS WHICH MAY BE ASSESSED BY REASON
OF:
(A) IMPROVEMENTS ADDED SUBSEQUENT TO MARCH 1, 1975;
(B) CHANGES OF OWNERSHIP OCCURRING SUBSEQUENT TO MARCH 1, 1975;
(C) ANY FINAL JUDGMENT DETERMINING THAT CONSTITUTIONAL ARTICLE
XIII A HAS BEEN APPLIED IMPROPERLY;
(D) REAPPRAISAL OF PROPERTY VALUES AS OF MARCH 1, 1975.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA.
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Recording Requested by:
and when recorded return to:
Mr. Paul Prather
617 South Broadway
Santa Maria, California 93454
LICENSE AGREEMENT
THIS AGREEMENT made this 5th day of August , 1986, by
and between the City of San Luis Obispo, a chartered municipal
corporation of the State of California, hereinafter referred to
as "Licensor," and Paul Prather and Jackie Prather, husband and
wife, hereinafter referred to as "Licensee."
WHEREAS, Licensor and Licensee have entered into a
certain "Purchase Agreement and Escrow Instructions" dated
, 1986, under the terms of which Licensor shall acquire
title to that certain real property consisting of a portion of
Lot 1, Block 149 of J. Harford's addition as more fully described.
in Exhibit "A" attached hereto, hereinafter referred to as the
"Property "; and
WHEREAS, Licensor is acquiring the Property for
purposes of widening Higuera Street at some as yet undetermined
future date; and
WHEREAS, Licensee desires to obtain permission to use
the Property for ingress and egress to his adjoining property
after title to the Property passes to Licensor.
NOW, THEREFORE, it is agreed as follows:
Licensor, for and in consideration of the full and prompt
performance of the acts to be performed by Licensee as herein set
forth, hereby grants to Licensee, subject to the termination as
herein provided and under the terms, conditions and provisions
hereof, the right and privilege to construct, maintain, repair,
renew and remove a paved access .roadway over and upon the
Property, and to use the Property for ingress and egress to and
from Licensees' adjoining property.
Licensee is aware and understands that Licensor will be
constructing street widening improvements on the Property which
may effect and /or partially interfere with Licensee's use and
enjoyment of the Property and the improvements thereon. Licensor
PRATHE2.LIC 1
7/30/86
EXHIBIT "D"
n
and Licensee agree to cooperate as much as reasonably possible
during the construction of said improvements to facilitate
Licensee's use of the Property for ingress and egress.
Licensor is aware and understands that Licensee will be
constructing improvements on the property to facilitate its use
for ingress and egress. Licensee shall not hereafter contend
that the construction of said improvements renders this License
irrevocable.
Licensee shall not interfere with or obstruct the use of
the Property by Licensor, or Licensoe's employees or agents, or
injure or interfere with any person or property on or about the
Property.
The rights and privileges hereby conveyed are personal to
Licensee and shall not be assigned .by Licensee, in whole or in
part, without first obtaining the written consent of Licensor.
No written consent by Licensor hereunder shall be deemed a waiver
by Licensor of any of the provisions hereof, except of such
consent.
This License Agreement shall terminate as to all rights and
obligations created hereby when Licensor has advised Licensee in
writing that Licensor has completed the widening of Higuera
Street, and all related improvements necessitated thereby. At
said time Licensee shall execute, acknowledge and deliver to
Licensor, a Quitclaim Deed relinquishing Licensee's interest in
the Property.
Licensee agrees to indemnify Licensor against, and save
Licensor harmless from, all costs and expenses, including
attorney fees, and all liability, claims and demands of Licensee
and Licensees' employees, agents and. invitees, and any other
persons for loss of or damage to property, or injury to or death
of persons, which may result from the use of the Property by
Licensee.
Licensee agrees to pay Licensor in full and promptly upon
demand for any and all loss of or damage to Licensoe's property
caused by Licensee by, or growing out of any operations of
Licensee hereunder or in connection herewith.
Any notice provided herein to be given by either party
hereto to the other may be served by depositing in the United
States Post Office, postage prepaid, a sealed envelope containing
a copy of such notice and addressed to said party at its princi-
pal place of business as follows:
To Licensor: City Attorney
Post Office Box 8100
San Luis Obispo, California
93403 -8100
PRATHE2.LIC 2
7/30/86
f
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W
S
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J
n
a
To Licensee: Mr. and Mrs. Paul Prather
c/o Budget Rent a Car
617 South Broadway
Santa Maria, California 93454
In witness whereof the parties have caused this agreement to
be executed in duplicate by their proper officers, who are
thereunto duly authorized.
Dated:
CAT. NO. NNO0627
TO 1944 CA (1 -83)
(Individual)
CITY OF SAN LUIS OBISPO,
a chartered municipal corporation
By Ma
PAUL PRATHER
CKIE PRATHEER
ACKNOWLEDGEMENT
J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Santa Barbara SS.
On August Z, 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared Paul Prather
personally known to me or
Proved to me on the basis of satisfactory evidence to be
the person_ whose name is subscribed to the
within instrument and acknowledged that he exe-
cuted the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
t .4T JEANNE M. NOTAKOS
N=ry Public - California
' Principal Office In
I ; San Luis Obispo County
My Comm. Exp. Apr. 23; 1988
PRATHE2.LIC 3
7/30/86
(This area for official notarial seal)
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TO GITY OF SAN LUIS 00ISpD
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RENT -A -CAR
That portion of Lot 1 of Block 149 of the J. Harford Addition, in the City
of San Luis Obispo, County of San Luis Obispo, according to the map
thereof recorded in Book A. Page 123 of Maps, in the office of the County
Recorder of said County, which is described as follows:
Beginning at a point on the westerly line of Higuera Street that bears
South 30 15' 00"-West, 216.46 feet from the intersection of the
westerly line of Higuera Street with the southerly line of South
Street, as said points are shown on Record of Survey recorded in Book
13 page 23; thence South 30 15' 00" West along the westerly line of
Higuera Street, a distance of 66.59 feet to a point; thence on a curve
to the right, tangent to the last described line, with a radius of
200.00 feet, through an angle of 130 47' 34 ", for a length of 48.15
feet to a point; thence North 810 11' 30" West, a distance of 25.54
feet to a point; thence northerly on a curve having a tangent that
bears North 160 01' 53" East, with a radius of 250.00 feet through
an angle of 120 46' 53 ", for a length of 55.17 feet to a point;
thence North 30 15' 00" East, a distance of 56.46 feet to a point;
thence South 860 48' 00" East, a distance of 25.00 feet to the Point
of Beginning.
Containing .0657 acres, more or less.
TPG /desc
by
M
RESOLUTION N0. 6044
(1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO TRANSFERRING GENERAL OPERA-
TING CONTINGENCY RESERVE FUNDS TO THE FIRE
DEPARMENT OPERATING ACCOUNT.
BE IT RESOLVED: by the Council of the City of San Luis
Obispo that a General Operating Contingency Reserve Fund transfer
totalling $25,555.00 be made to increase the Fire Department's oper-
ating account to fund increasing two half -time positions to full -time
positions as follows:
Section 1: Appropriate $19,075.00 from the General Operating
Contingency Reserve Fund to the following operating account to increase
the half -time Underground Tank Inspector's position to a full -time po-
sition in order that the provisions of Chapter 1167 of the 1985 Statutes
can be enforced.
(Fire Department account 001- 8542 - 001 -001 - $19,075.00)
Section 2.: Appropriate $6,480.00 from the General Operating
Contingency Reserve Fund to the following operating account to increase
the half -time administrative and 1/4 time Fire Prevention secretary
position to a single full -time position to maintain and process data
in accordance with Chapter 1167 of the 1985 Statutes.
(Fire Department account 001 - 8540 - 001 -001 - $6,480.00
GT5 -Disk 3
R 6044
On motion of Councilman Griffin �
seconded by Councilman Settle , and on the
following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 5th day of
n„g„Gr , 1986.
ATTEST:
CLERK, PAMELA
App ttl
City Admini
At
Finance
�i�7G�IC'{�
�a �� � �
�i��
RESOLUTION NO. 6043 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
CHAMBER OF COMMERCE, SAN LUIS OBISPO
TO OPERATE A VISITORS AND CONFERENCE BUREAU
WHEREAS, the professional services agreement attached hereto marked
Exhibit "A ", and incorporated herein by reference approving an agreement
between the City of San Luis Obispo (City), and the San Luis Obispo
Chamber of Commerce (Contractor) is hereby approved and the Mayor is
authorized to execute the same.
WHEREAS, City desires to support a coordinated marketing program for
San Luis Obispo as a visitors and conferencing locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, the City desires to maintain and enhance the market share in
an increasingly competitive environment; and
WHEREAS, City desires to engage Contractor to provide these services
by reason of its qualifications and experience for performing such
services, and Contractor has offered to provide the required services on
the terms and in the manner set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the services agreement (Exhibit A)
is acceptable to the City; and
BE IT FURTHER RESOLVED that the Mayor is authorized to execute said
agreement at such time as the County authorizes participation at the
requested prorata level. When the agreement is executed, the City Clerk
shall furnish a copy of this resolution and a copy of the executed
agreement to: Dave Garth, Corporate Secretary, Chamber of Commerce of San
Luis Obispo, Inc.
On motion of Councilman Griffin, seconded by Councilman Settle,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing resolution was passed and adopted this 5th day of August,
1986.
1. R 6043
r,
N� RON DUNIN
ATTEST:
R
CI Y CLERK PAMELA &OGES
Approved:
paj-�,q
Cit Administrative Off r
I
ri
C`
y
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
This agreement, made this 5th day of August, 1986, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "),
and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, CALIFORNIA, (hereinafter
referred to as "Contractor ").
WITNESSETH:
WHEREAS, City desires to support a coordinated marketing program for
San Luis Obispo as a visitors and conferencing locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, the City desires to maintain and enhance the market share in
an increasingly competitive environment, and
WHEREAS, City desires to engage Contractor to provide these services
by reason of its qualifications and experience for performing such
services, and Contractor has offered to provide the required services on
the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROGRAM COORDINATION
a. City - The City Administrative Officer or his designated
representative, shall be the Project Manager representing the
City for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. Contractor - Contractor shall assign a single Project Manager to
have overall responsibility for the progress and execution of
this agreement for Contractor. Jonnie Wylar is hereby
designated as the Project Manager for Contractor. Should
circumstances or conditions subsequent to the execution of this
agreement require a substitute Project Manager for any reason,
the Project Manager designee shall be subject to the prior
written acceptance and approval by City Project Manager.
2. DUTIES OF CONTRACTOR
a. - Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated herein by this
reference.
b. Chamber will maintain an office suitable for the conduct of a
visitors and Conference bureau. This office shall be open
during normal business office hours to facilitate contact with
conference representatives.
C. 'Chamber staff shall include personnel qualified in visitors and
conference bureau administration.
d. Chamber shall operate a visitors and conference bureau on behalf
of City as outlined here below or as may be modified from time
to time by mutual agreement between the City and the Chamber.
e. The program conducted by the Chamber shall include, but not
limited to, the following:
(1) Development of direct sales efforts to.attract group
business and conferences. Major markets would include Los
Angeles, San Francisco, Fresno, and Bakersfield.
(2) Attendance and representation of San Luis Obispo County at
major travel trade and sales shows during the contract time
period.
(3) Coordination of scheduling for potential conferences with
individual properties in San Luis Obispo County.
(4) Development of new, coordinated county wide sales materials
and brochures to be used in the marketing program.
(5) Creation and implementation of a coordinated and planned
marketing campaign, stressing the benefits of the San Luis
Obispo area as a destination for visitors.
(6) Submittal of a monthly written report on the progress of
the Visitors and Conference Bureau, to the City's Project
Manager and the Promotional Coordinating Committee.
f. All services provided by the Contractor listed within this
agreement are in addition to and beyond those of any and all
other contracts currently held between the City and Contractor.
g. Laws to be observed. Contractor shall:
(1) Procure all permits and licenses, pay all charges and fees,
and give all notices which may be necessary and incidental to
the due and lawful prosecution of the services to be performed
by Contractor under this agreement;
(2) Keep itself fully informed of all existing and proposed
federal, state and local laws, ordinances, regulations, orders,
and decrees which may affect those engaged or employed under
this agreement, any materials used in Contractor's performance
under this agreement, or the conduct of the services under this
agreement;
(3) At all times observe and comply with, and cause all of its
employees to observe and comply with all of said laws,
ordinances, regulations, orders, and decrees mentioned above.
(4) Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions
of this agreement.
h. Copies of - re - Ports and information. If City requests additional
copies of reorts, drawings, specifications, or any other
material in addition to what the Contractor is required to
furnish in limited quantities as part of the services under this
agreement. Contractor shall provide such additional copies as
are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at Contractor's direct
expense.
i. Qualifications.of._Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
3. DUTIES_OF_CITY
City agrees to cooperate with Contractor and to perform work
described hereto and incorporated by this reference. The City
Project Manager shall work closely with the Promotional Coordinating
Committee and will incorporate its comments,. guidance and desires
into the administration and execution of this contract to the degree
such is reasonable.
4. COMPENSATION
The Contractor will perform the work as described_ and as directed by
the City's Project Manager.
a. City will pay the Contractor the sum of $28,500.00 (twenty- eight .
thousand, and five hundred dollars) for office space, staffing,
and expenses to be paid in two installments $14,250.00 (fourteen
thousand, two hundred and fifty dollars) on August 1, 1986, and
$14,250.00 (fourteen thousand two hundred and fifty dollars) on
January 1, 1987.
b. $15,000 (fifteen thousand dollars) of the contract amount is
earmarked for advertising., while the remaining $12;500.00
(twelve thousand, and five hundred dollars) is earmarked for
direct sales.
5. TIME FOR,COMPLETION OF: THE WORK
Program is for the period September 1, 1986, to August 31, 1987.
Contractor shall perform services in a timely manner upon direction
and guidance from City Project Manager and the Promotional
Coordinating Committee. Contractor acknowledges timing is at the
sole discretion of City.
i
6: TEMPORARY SUSPENSION
The City Project Manager shall have the authority to suspend this
agreement wholly or is part, for such period as he deems necessary
due to unfavorable conditions or to the failure on the part of the
Contractor to perform any provision of this agreement. Contractor
will be paid the compensation due and payable to the date of
temporary suspension.
7. SUSPENSION; TERMINATION
a. Right to suspend or terminate. The City retains the right to
terminate this agreement for any reason by notifying Contractor
in writing sixty (60) days prior to termination and by paying
the compensation due and payable to the date of termination;
provided, however, if this agreement is terminated for fault of
Contractor, City shall be obligated to compensate Contractor
only for that portion of contractor services which are of
benefit to City. Said compensation is to be arrived at by
mutual agreement of the City and Contractor and should they fail
to agree, then an independent arbitrator is to be appointed by
mutual agreement and his decision shall be binding upon the
parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for
City to ascertain that the services of Contractor are being performed
in accordance with the requirements and intentions of this
agreement. A11 work done and all materials furnished, if any, shall
be subject to the City's Project Manager's inspection and approval.
The inspection of such work shall not relieve Contractor of any of
its obligations to fulfill its agreement as prescribed.
9. OWNERSHIP OF MATERIALS
Because of several cities' involvement with the Visitors Conference
Bureau, all materials, photos, drawings and other original materials
shall remain the property of the Bureau. The City shall have
reasonable and timely access to these materials.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Contractor's independent findings,
conclusions, or recommendations, if the same are called for under
this agreement, on the basis of differences in matters of judgment
shall not be construed as a failure on the part of Contractor to meet
the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional marketing
services of the Contractor and is not assignable by the Contractor
without prior consent of the City in writing. The Contractor may
employ other specialists to perform special services as required with
prior approval by the City.
�I
12. NOTICE
All notices hereunder shall be given in writing and mailed, postage
Prepaid, by Certified Mail, addressed as follows:
To City: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Contractor: Chamber of Commerce of San Luis Obispo
Visitors & Conference Bureau
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
13. INTEREST_OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of
the services hereunder. Contractor further covenants that, in the
performance of this agreement, no subcontractor or person having such
an interest shall be employed. Contractor certifies that no one who
has or will have any financial interest under this agreement is an
officer or employee of City. It is expressly agreed that, in the
Performance of the services hereunder, Contractor shall at all times
be deemed an independent contractor and not an agent or employee of
City.
14. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its
officers, agents, and employees of and.from:
1. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to or
death of any person or corporation caused by any negligent act
or omission of Contractor under this agreement or of
Contractor's employees or agents;
2. Any and all damage to or destruction of the property of City,
its officers, agents, or employees, occupied or used by or in
the care, Custody, or control of Contractor, or in proximity to
the site of Contractor's work., caused by any negligent act or
omission of Contractor under this agreement or of Contractor's
employees or agents;
3. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or
agent of Contractor under this agreement, however caused,
excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its
officers, agents, or employees;
4. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any infringement
or alleged infringement of any patent rights or claims caused by
the use of any apparatus, appliance, or materials furnished by
Contractor under this agreement; and
5. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that may
be brought against or for employees on any such claim or demand
of such third persons, or to enforce any such penalty, and pay
and satisfy any judgment or decree that may rendered against
City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to
negligence of the Contractor.
15. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be
insured against liability for workers compensation or to undertake
self - insurance in accordance with the provisions of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
16. INSURANCE
Contractor shall provide proof of comprehensive general liability
insurance ($500,000) (including automobile) and professional
liability insurance ($250,000) satisfactory to the City,
17. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
18. WAIVERS
The waiver by either party of any breach or violation of any term,
Covenant, or condition of this agreement or of any provision,
ordinance, or law shall not be deemed to be a waiver of any
subsequent breach of violation of the same or of any other term,
covenant, condition; ordinance, or law. The subsequent acceptance by
either party of any fee or other money which may become due hereunder
shall not be deemed to be a waiver of any preceding breach or
violation by the other party of any term,,covenant, or condition of
this agreement or of any applicable law or ordinance.
19
20
21..
COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and attorney's
fees expended in connection with such an action from the other party.
DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry,
religion, sexual orientation, or sex of such person.
If Contractor is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act
or similar provisions of federal law or executive ocder in the
perfor ®ante of this agreement, it shall thereby be found in material
breach of this agreement. Thereupon, City shall have the power to
cancel or suspend this agreement, in whole or in part, or to deduct
from the amount payable to Contractor the sum of Twenty -five Dollars
($25) for each person for each calendar day during which such person
was discriminated against, as damages for said breach of contract, or
both. Only a finding of the State of California Fair Employment
Practices Commission or the equivalent federal agency or officer
shall constitute evidence of a violation of contract under his
paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, Contractor shall be found_ in
material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to
deduct from the amount payable to Contractor the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Contractor is
found to have been in such noncompliance as damages for said breach
of contract, or both.
AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between
City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral: This
document may be amended only by written instrument, signed by both
City and Contractor. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the
State of California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement
on the day and year first above written.
ATTEST:
(JtIC
P m la Voges, City Jerk
CHAMBER OF COMMERCE OF SAN LUIS OBISPO,
INC.
,;P"r,(e�ssFiden /t
ByGGLCCC G�I"
Corporate Secretary
CITY OF SAN LUIS OBISPO
® a
By�c-
n unin
By
,;P"r,(e�ssFiden /t
ByGGLCCC G�I"
Corporate Secretary
CITY OF SAN LUIS OBISPO
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By�c-
n unin
RESOLUTION NO. 6042 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EX-
TENSION FOR TRACT 1068 (HIGUERA TECHNOLOGY TRACT)
LOCATED AT 150 TANK FARM ROAD..
WHEREAS, the phasing requirements of the Higuera Commerce Park
Specific Plan prevented the subdivider of Tract 1068 from meeting all
conditions of the tract map; and
WHEREAS, the subdivider requests a twelve -month time extension to
receive approval of his final map; and
WHEREAS, the Community Development Department found that the
request for time extension is justified and recommends approval; and
WHEREAS, the City Council concurs with the Community Development
Department's recommendation;
NOW, THEREFORE, the City Council resolves as follows:
Section 1. That Tract 1068 is granted a twelve -month time
extension to August 31, 1987, subject to original tract map
conditions as specified in City Council Resolution No. 4938 (1982
Series) attached hereto.
On motion of Councilwoman.Dovey , seconded by _Councilman Settle
and on the following roll call vote:
AYES Councilmembers Dovey, Settle, Griffin and Mayor Dunin
NOES None
ABSENT Councilwoman Rappa
the foregoing document was passed and adopted this 5th day
of August , 1986.
ATTES .
CITY C RK PAMELA VOGES
Mayor Ron Dunin
R 6042
Resolution
Tract 1068
Page 2
No. 6042 (1986 Series)
(Higuera Technology Tract)
City At rney
Community Development Director
O
RESOLUTION N0. 4938 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISP_O GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1068
LOCATED AT 150 TANK FARM ROAD -'
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of the
tentative map of Tract 1068 and the Planning Commission's recommendations, staff
_...:_recommendations and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan and Higuera Commerce
Park Specific Plan.
2. The design and improvements of the proposed subdivision are consistent -with
the general plan and Higuera Commerce Park Specific Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
A to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or cause significant environmental impacts which
cannot be mitigated to an acceptable level.
6. The design of the subdivision or the -type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
8. The proposed subdivision does not cause significant adverse environmental
impacts not addressed previously in thg environmental impact report for the
Higuera Commercie Park Specific Plan.
SECTION 2. Conditions. That the approval of the tentative map for Tract
1068 be subject to the following conditions:
1. Subdivider shall dedicate street right -of -way along the South Higuera Street
frontage sufficient in width to construct a 4 foot sidewalk along the east
side of the Monterey cypress trees to the approval of the City Engineer.
Subdivider shall install rolled curb, 5 foot bicycle lane, 4 foot sidewalk
and pavement to new curb edge to the approval of the City Engineer.
Resolution No. 4938 (1982 Series)
Tract 1068
Page 2
2. Subdivider shall attempt to secure the dedication to the city of
right- of-way for South Higuera Street, consistent with condition 1 above,
for a distance 30 feet north of the tract boundary across the private street
known as Meisner Lane.
3. Subdivided shall dedicate to the city right- of-way along Tank Farm Road
frontage of the tract to a point 42 feet from centerline of said street.
4. Subdivider shall install curb, gutter, and paving to new curb face along
entire Tank Farm Road frontage of the tract to the satisfaciton of the City
Engineer. Installation of sidewalks along said frontage is hereby deferred
- - subject to the:.. subdivider ,signing.,a.,_city. standard covenant agreement to
install sidewalk and street trees, when required by the City Engineer.
5. Curb .alignment at the intersection of South Higuera Street is subject to
modification to the satisfaction of the City Engineer.
6. Subdivider shall install sewer line in Tank Farm Road. Said line shall be
oversized to accommodate possible future sewerage from Broad Street area to
the satisfaction of the Public Services Director. Said sewer line shall
extend in Tank Farm Road to the easterly tract boundary.
7. Subdivider shall install water mains. within the tract to the approval of the
Public Services Department. Water mains to be constructed in Tank Farm Road
shall extend to the easterly tract boundary. Fire hydrants, shall be placed
on Tank Farm Road to the easterly tract boundary.
8. Subdivider shall dedicate to the city, vehicular access rights along South
Higuera Street frontage of the tract except for driveway location shown on
tentative map. Final map shall note that vehicular access along Tank Farm
Road frontage of the tract is restricted as noted in the adopted Higuera.
Commerce Park Specific Plan. This plan should be reviewed prior to
installation of'any driveways.
9. Existing on —site well located on the proposed common access driveway shall
be.removed prior to recordation of the final map to the approval of the
Chief Building Official.
10. The 60 foot wide common driveway should be aligned to provide curves and
curb returns so that it could be accepted by the city as meeting city
standards for public street. Subdivider shall grant to the city an offer of
dedication of said driveway to be accepted at the discretaion of the City
Council as a public street. Agreement shall state that the driveway will
not be accepted until fully improved to city public street standards.
11. Final map shall show the extension of common access driveway easement (60
feet wide) to the east tract boundary along the common .lot line of proposed
lots land 5. Subdivider shall grant to the city an offer of dedication of
said driveway to be accepted at the discretion of the City Council as a
public street. Agreement. shall state that the driveway will not be.accepted
until fully improved to city public street standards.
0
u a-
r.
Resolution No. 4938 (1982 Series)
Tract 1068
Page 3
12. Subdivider shall contribute $3,650 to the city for the Los Osos Valley
Road /Highway 101 overpass .prior to final map approval.
13. Subdivider shall contribute $5,000 to the city for traffic signals at Tank
Farm Road and South Higuera Street prior to final map approval.
14. Subdivider shall post "no parking" signs along Tank Farm Road and South
Higuera Street to the approval of the Public Services Department.
15. Subdivider shall thin and safety prune all of the trees along—the South -
Higuera Street frontage to the approval of the Public Services Department.
No trees shall be removed except for approved common driveways or as:
approved by the Tree Committee staff during construction of street
improvements if they are a safety hazard.
16. Subdivider shall underground all utility lines within the tract and along
Tank Farm Road and South Higuera Street..
17. Storm drainage from the site shall be conveyed to the existing storm drain
in South Higuera Street adjacent to Tract 592 to the satisfaction of
the.Public Services Director.
18. Subdivider shall file comonoa access driveway agreement for all common
driveways shown on the tentative map agreement, consistent with city
standards for common driveways.
19. Final map shall show 15 foot yard setbacks along all common access driveways
to the approval of the Community Development Director.
20. Subdivider shall remove all structures within 15 feet of dedicated Tank Farm
Road right— of-way prior to final map approval.
21. Subdivider shall number all lots in the tract consistent with city approved
.addressing plan, attached as Exhibit A.
On motion of Councilman Dunin , seconded by Councilman Griffin,
and on the following roll call vote:
AYES: Councilmembers Dunin, Griffin and Dovey
NOES: Councilman Settle and Mayor Billig
ABSENT: None
Resolution No. 4938 (1982 Series)
Tract 1068
Page 4
the foregoing resolution was passed and adopted this 31st day of August I
1982.
ATTEST:
City Clerk Pamela. Vogo
APPROVED
0 0! Zlrla��
Lr
City-Administrative Mc T
City A"ttorneLL
Co unity Defel-d`pment Director
C
t
City of
A Satl LUIS OBIS PO
=
Department of Community Development
::7 .
990 Palm Street/Post Office Box 321,. San Luis OHsPo. CA 93406
ftalk■ Mrwill M ■ •k
. TRACT 1066
PLAN
,( , �, u ZVI V /. (Yew
110MOV-1 0
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01
RESOLUTION N0. 6041 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY
PARCELS FOR WEED ABATEMENT COSTS
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. This Council hereby finds and confirms the existence as of
August 5, 1986, of duly imposed liens in the amounts and upon the real
property parcels set forth in Exhibit "A" delinquency list attached
hereto. Said liens were imposed for weed abatement costs incurred by
the City upon said parcels in Fiscal Year 1985 -1986 in accordance with
provisions of the City's Municipal Code, Section 8.08.010 to 8.08.110
inclusive.
2. The Director of Finance is directed to send a copy of
this Resolution to the Auditor- Controller of the County of San Luis
Obispo for collections of said liens along with regular City property
taxes for 1985 -86
On motion of Councilman Settle seconded by
Councilman Griffin and on the following roll call vote:
AYES: Councilmembers Settle, Griffin and Mayor Dunin
NOES: Councilwoman Dovey. .
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 5th
Day of August , 1986.
ATTEST
, PAMELA
R 6041
APPROVED:
City Administrative Officer
re Chief zwo
j
/ZVI--
City A orney
FETING AGENDA
DATE nuc 5 -86 ITEM
EXHIBIT A
The following is a breakdown of Fire Department abatement costs for 1986.
This report is being submitted to the San Luis Obispo City Council for
approval on August 5, 1986.
Name
Parcel No. Contr. Fee
Adm.
Penalty
Total
New World Inv.
001,074,019
Buena Vista
001,074,022
195.00
146.25
75.00
416.25
Henderson
Michael Muir
001,135,012
100.00
75.00
75.00
250.00
1426 Palm
Donald Rose
002,445,010
1177 Marsh
002,445,021
168.00
126.00
75.00
369.00
1174 Pacific
Chas. Marshal
002,451,005
34.37
25.78
75.00
135.15
1241 Pismo
S. Brownstein
003,538,005
18.75
14.06
55.3@e-
"7,.8}
1546 Chorro
32.81
Thomas McSherry
003,546,024
25.00
18.75,
75.00
118.75
1519 Toro
Michael Dewees
003,553,023
68.75
51.56
75.00
195.31
1036 Leff
Woodstock/Parsons
e03,645,004
1836
3?.50
28.13
75-.-00
t40.63
Wm. Davies
Garden
003,663,010
21.87
16.40
75.00
1.13.27
1063/67 Ella
Mary Howell
0031,731,007
18.75
14.06
75.00
107.81
2040 Cypress
Kathy Stegman
003,733,008
28.12,
21.09
75.00
124.21
= xc Cam-
2088 Price
99ar 739 -1 GIS
6.25
4.69
85 94
-75.99
D. G, Douglas-
994,552,AA6
12,56
9.38
?5w
96.88
V. Pennington
004,582,006
160.00
120.00
- 9L]�,,-&e -3
6-5rec
2905 Robkview
280.00
James Traylor
004,5911017
93.75
70.31
75.00
239.06
3295 Rockview
Robert Bright
004,841,023
18.75
14.06
2276 Lawton
32.81
Thomas Robak
004,845,002
37.50
28.13
75.00
140.63
Alphonso Ct.
Sixto Moreira
004,853,014.
37.50
28.13
75.00
140.63
2503 Del Campo
Robert Lorance
004,971,047
25.00
18.75
75.00
118.75
I
James Pankey
0521531,001
12.50
9.38
75.00
96.88
97 Tassajara
Mike Spangler
053,021,032
62.50
46.88
75.00
184'.38
So. Higuera
at Elks Lane
Johnson Highlands
053,245,001
12.50
.9.38
75.00
96.88
945 Del Rio
Frank Piperato
053,246,015
37.50
28.13
75.00
140.63
870 Casitas
The Meadows
053,272,027
552.50
414.38
75.00
11041.88
Mariposa in
the Meadows
SPRR. 9.530.00 7,147.50 75.00 16,752.50
08- 720 -02 -027 (# assigned by State)
TRA 003 -000 (City of SLO #)
(authorized by SPRR to cut)
NOTE: These figures will change before the night of Council Meeting
for as people pay the "bill they will be crossed.off.
Billing /3
Attachments
Y
Recording requested by:
City Clerk
and when recorded return to:
City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
T'
RESOLUTION NO. 6040 (1986 Series)
?,'t-L .
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF BISHOP STREET BETWEEN
JOHNSON AVENUE AND LAUREL STREET (WITHIN CITY LIMITS), A PORTION OF
FLORA STREET AND AN UNNAMED 25 -FOOT WIDE STREET RIGHT -OF -WAY
(SOUTHEASTERLY OF BISHOP ST). ARE UNNECESSARY FOR PUBLIC STREET
PURPOSES AND ORDERING THE ABANDONMENT OF SAME
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with the public hearing duly held on August 5,
1986, pursuant to Division 9, Part 3, Chapter 2, of the California Streets and
Highways Code, this Council finds and determines that Bishop Street.between
Johnson Avenue and Laurel Street (within the City limits), including a portion
of Flora Street, and an unnamed 25 -foot wide street right -of -way (Southeasterly
of Bishop St.) as shown and described on Exhibit A, attached hereto and
incorporated herein, are not necessary for present or future public street
purposes.
SECTION 2. This Council hereby orders the abandonment of said portions of
Bishop and Flora Streets subject to: (1) dedication of an alternate
right -of -way, between Johnson Ave. and Flora St., and (2) reservation of
easements for public utilities, public waterline and drainage (including
access) purposes as indicated on Exhibit A, within the unnamed 25 -foot wide
street right -of -way, including but not limited to:
Reserving to Pacific Gas and Electric Company the right from time to
time to install, maintain, repair, operate, replace, remove, and renew
lines of pipes, wires, poles, and other structures, equipment and
fixtures both above and underground for the operation of said
facilities.
VOL 2869 PAGE 987 R 6040
Resolution No. 6040 (1986 Series)
Page Two.
SECTION 3• The City Clerk shall cause a certified copy of this Order of
Abandonment, duly attested under the seal of the City to be recorded in the
Office of the Recorder of the County of San Luis Obispo.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing Resolution was passed and adopted this 5th day of Au ust, 1986.
&1 �..- _
ATTEST-',
'` I CYTY. RK -PAMELA VOGES
x x x x x x x x
• fir! � :,.
AP) ROVED:
City AdministrativA Officer
City Atto�Aey
Community Development Director
City ineer
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city of 615HOP 5T. , FLORA 5T AND UNNAMED
San LUIS O81SPO Z5 Fr STREtT ABANDONMENT
oO �r Oft of oomLuM O o«doansnc (JOHN90N AVI:. To eLY CITY LIM IT5 )
�o wun snwem�o.e ortio. eox n,. sa+ t.� oa.00, cn woe
YTOMIIR mis"I -b•
VOL 4bby PAGE 9,,Sq
U
EXHIBIT A
Sheet 2 of 2
BISHOP STREET ABANDONMENT
PARCEL A
W
All that portion of Bishop Street within the boundary of the San Luis
Obispo City limits, and Flora Street as shown on the map of the Goldtree
Vineyard Tract filed in the Office of the County Recorder of the County of
San Luis Obispo, State of California, in Book 1 of Records of Survey at
page 14, lying within the property described in County of San Luis Obispo
acceptance of quit claim deed recorded in Volume 269 of Official Records
at page 460.
EXCEPT THEREFROM that portion of Flora St. lying southeasterly of a line
parallel to and distant 49.24 feet from the southeasterly line of said
property per Volume 269 at page 460, measured at right angles to said
southeasterly line.
ALSO EXCEPTING THEREFROM that portion of Bishop St. lying within the
property described in deed recorded in Book 1101 of Official Records at
page 229.
D 7 00VT. 'D
That certain 25 -foot wide easement (Exhibit B) recorded in Document No.
32313, Volume 1276 at page 527 of Official Records in the Office of the
San Luis Obispo County Recorder.
RESERVING THEREFROM, easements for public utilities, public water line,
and drainage, (including access) purposes. EXCEPT the northwesterly 15
feet of the southwesterly 200 feet measured at right angles to the
southeasterly line of the above described property.
jk3 /bish- exhibit
by
END OF DOCUMENT VOL 2869 PAGE 990
Oer�x? on
DOC. NO J ®443
OFFICIAL RECORDS
Recording requested by the SAN LUIS OBISPO CO., CAL
City of San Luis Obispo. AUG 1.2 1986
When recorded please return to:
.
CITY CLERK'S OFFICE FRANCIS M COONEY
County Clerk- Recorder
City of San Luis Obispo TIME
P.O. Box 321 3= 40 PM
San Luis Obispo, CA 93401
DEED OF EASEMENT
THIS INDENTURE, made this IM day of
County of San Luis Obispo, a ' 1986, by and between the
P political subdivis on d one of the counties of the
State of California, and the City of San Luis Obispo, a political corporation and
one of the cities located in the County of San Luis Obispo, State of California.
W I T N E S S E T H
That County, hereby grants to the City
purposes under, along, and upon that a Public use easement for public
Range 12 East, Mount Diablo Base Meridian, said easement ' legally described aO.South,
The real property situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, being a portion of Bishop Street and a portion of
Lots 1. 3, 4 and 5 of Block 4 of the Goldtree Vineyard Tract according to the
map thereof recorded in Book 1 of Records of Surveys at Page 14 in the Office
of the County Recorder of said County and a portion of Section 36 in the
Township 30 South, Range 12 East, Mount Diablo Base and Meridian of said
County, more particularly described as follows:
Beginning at the intersection of the northwesterly right -of -way of Bishop
Street and the northeasterly right -of -way of Johnson Avenue as shown on a map
filed in the Office of the County Recorder of said County at Book 16 of
Records of Surveys at Page 21, being distant North 53 35' 38" East, 16.00 feet
from Point "B" as shown on the map of said 6oldtree Vineyard Tract; thence
South 36 25' 29" East along the northeasterly right -of -way line of Johnson
Avenue, a distance of 76.42 feet to the beginning of a tangent curve concave
easterly having a radius of 20.00 feet; thence northerly 31.56 feet along said
curve through a central angle of 90 25' 29 "; thence tangent to said curve
North 54 00' 00" East, a distance of 198.85 feet; thence along a curve concave
to the right through a central angle of 45 00' 00 ", having a radius of 124.00
feet and a length of 97.39 feet; thence South 81 00' 00" East, a distance of
120.25 feet; thence along a curve concave to the left through a central angle
of 35 11' 32 ", having a radius of 176.00 feet and a length of 108.10 feet to a
point being distant South 53 38' 15" West, 100.00 feet from a point on the
southwesterly right -6f=way line of Flora Street; thence North 53 38' 15" East
along the northwesterly line of the property described in deed recorded in
Volume 720 of Official Records at Page 340, a distance of 100.00 feet to the
southwesterly right -of -way line of Flora Street; thence North 36 25' 00" West
along said southwesterly right -of -way line of Flora Street a distance of
49.24 feet; thence South 53 38' 15" West, a distance of 68.88 feet; thence
along a curve concave to the right through a central angle of 45 21' 45 ",
having a radius of 124.00 feet and a length of 98.17 feet; thence North 81 00'
00" West, a distance of 120.25 feet; thence along a curve concave to the left
through a central angle of 45 00' 00" having a radius of 176.00 feet and a
length of. 138.23 feet; thence South 54 00' 00" West, a distance of 199.59
feet; thence along a curve concave to the right through a central angle of 89
20' 49 ", havi.ng a radius of 20.00 feet and a length of 31.19 feet to the
northeasterly right -of -way line of Johnson Avenue; thence. South 36 39' 11"
East along the northeasterly right -of -way line of Johnson Avenue as shown on
the aforementioned map filed in Book 16 of Records of Surveys at Page 21, a
distance of 15.56 feet to the point of beginning.
IN WITNESS WHEREOF, the County of San Luis Obispo has caused its corporate
name to be hereunder subscribed by its officer, thereunto duly authorized by
resolution of the Board of Supervisors of the County of San Luis Obispo, State of
p /\V
VOL 2869 PACE
California, and the seal of said Board of Supervisors to be hereunto affixed on the
day and year first above written.
COUNTY armnan N L S OB SPO
By:
ATTEST: VicZ a o t oard Oj STunp�cervlsors
er o t e BoarCr 65f Suppervi rs
cjt /6336p
7 -16
VOL 2869 PAGE 981 �j•
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State of California )
) ss.
County of San Luis Obispo )
On this 11th day of July in the year 1986 before
me FRANCIS M.-UO NET, County C er an -0 c o Clerk'of the -B-o--arU P o f
Supervisors, County of San Luis Obispo, State of California, personally
appeared Carl Hysen and Francis M. Cooney known to��,,t���e (or proved
me on the of oat n or ) to be thee iairman and
the Clerk of the Board of upervisors of the County —of San Luis Obispo, State
California, and known to me to be the persons who executed the within
instrument on behalf of the said public corporation, agency or political
subdivision, and acknowledged to me that such County of San Luis Obispo,
State of California, executed the same.
Pro
of
FRANCIS M. COONEY, County Clerk and
Ex- Officio Clerk of the Board of Supervisors
County of San Luis Obispo, State of Californi
(SEAL) By
Deputy Clerk
VOL 2869 PAGE 982
(�± 2 A -1 thru A -32
ITT THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
PRESENT: Supervisors
ABSENT:
-- Tues -- day - -- -- July -8 -- - - - - -- 1936- -
William B. Coy, Evelyn Delany, Vice- Chairman Carl Hysen
Jerry Diefenderfer, Chairman Ruth Brackett
In the matter of Consent Agenda:
Consent Agenda Item A -1 is amended to read "Fall" of 1986 not
Summer. Item A -9 is amended to read "June" 17, 1986 not July. Item
A -14 -A is amended to read "5th" District not 1st. Item A -32 is added
to read "Resolution amending the position allocation list for Budget
Unit 2509 - Clerk Recorder by deleting one Legal Process Clerk III and
adding one Deputy Recorder position. (RECOMMEND APPROVAL AND INSTRUCT
CHAIRMAN TO SIGN.) ". On motion of Supervisor Delany, seconded by
Supervisor Coy and on the following roll call vote, to wit:
AYES: Supervisors Delany, Coy, Vice - Chairman Hysen
NOES: None
ABSENT: Supervisors Diefenderfer, Chairman Brackett
Consent Agenda Items A -1 through A -32 are approved as recommended by
the County Administrative Officer and as amended by this Board. Item
A -3 is RESOLUTION NO. 86 -284. Item A -5 is RESOLUTION NO. 86 -285.
Item A -12 is RESOLUTION NO. 86 -286. Item A -13 is RESOLUTION N0. 86-
287. Item A -14 -A is RESOLUTION NO. 86 -288. Item A -19 is RESOLUTION
140. 86 -289. Item A -20 is RESOLUTION NO. 86 -290. Item A -21 is RESOLUTION
140. 86 -291. Item A -23 is RESOLUTION NO. 86 -292. Item A -24 is RESOLUTION
NO. 86 -293. Item A -25 is RESOLUTION NO. 86 -294. Item A -27 is RESOLUTIO14
NO. 86 -295. Item A -32 is RESOLUTION NO. 86 -296. Said Consent Agenda
Items A -1 through A -32, as amended, are on file in the Office of the
County Clerk- Recorder and are available for public inspection.
CC: Administration
7/10/86 vml
STATE OF CALIFORNIA,
County of San Luis Obispo, } ss.
FRANCIS M. GOONEY - -_ - County Clerk and es -officio Clerk
I, -- -
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
10th
WITNESS my hand and the seal of said Board of Supervisors, affixed this ..--_---.___--__ - --
day Of- CrJuly_------ - - - - -, 19_ 86-
.. FRANCIS M. COONEY
County Clerk and Ex- Officio Clerk of the Board
($E�AL) • , of Supervisors
Bye- `'�' -�- - - - - - - - - - --
CD-&3
Deputy Clerk.
0? .
vri ?l'1MAr pil
BOARD OF SUPERVISORS' AGENDA FOR JULY 89 1986 PAGE 3
A -11 Request for approval to increase costs of a Road Striping machine by
$12,400; all Districts. (RECOMMEND APPROVAL.)
A -12 Resolution appointing Mr. Robert Hamilton as alternate member
representing Atascadero Mutual Water Company on the Water Resources
Advisory Committee; all districts.
A -13 Resolution appointing Councilwoman Penny Rappa as member and Ron
Dunin as an alternate representing the City of San Luis Obispo on the
'Water Resources Advisory Committee; all Districts.
A -14 The following parcel maps are submitted for approval:
A. CO 84 -215, a proposed subdivision by Roy E. and Juanita B.
Champagne, located at the southwest corner of San Antonio Road
and Carmel Road, Atascadero, and act on resolution to accept
the Offer of Dedication for road widening along San Antonio
Road; lst District.
B. CO 84 -330, a proposed subdivision by J. D. and C. D. Cannon,
located on Sandydale Road, Nipomo; 4th District
(RECOMMEND APPROVAL.)
General Services' Items:
Submittal of letter from State of California requesting an extension
of lease term for rental of a portion of Building 1203 at the County
Operational Center for use as the County Crime Lab. (RECOMMEND
�� APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
t.A <6 Submittal of utility easements to the City of San Luis Obispo for use
in conjunction with the County General Hospital site. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
A -17 Submittal of Amendment No. 2 to the Management Agreement between the
Oceano Community Services District and the County of San Luis Obispo
for the Oceano Airport. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO
SIGN.)
A -18 Request for a two -week continuance to report bid results for Santa
Margarita Lake - Replace Water Tank, #P5471 (RECOMMEND APPROVAL.)
Personnel's Items:
A -19 Resolution amending the position allocation list for B.U. 3000 - Health
Department, deleting 'one Microbiologist II and adding one
Microbiologist III. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO
SIGN.)
A -20 Resolution designating the appropriate salaries and bargaining units
for new classifications approved during the 1986 -87 budget.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
Planning's Items:
A -21 Request for subordination of Oceano Rehabilitation Loan. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
A -22 Submittal of General Plan Conformity Report on the proposed Paso
Robles Union School District Elementary- .School site on property
located on the southwest corner of Meadowlark and Rhombic Road, Paso
Robles urban area, Salinas River Planning Area, County File Number:
C860519:1 1st District.
A -23 Resolution
Fouts Spri
(RECOMMEND
A -24 Resolution
California
services.
Probation's Items:
requesting approval to enter into an agreement with the
ngs Boys' Ranch for placement of juvenile court wards.
APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
requesting approval to enter into an agreement with the
Youth Authority for clinical observation and diagnostic
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
VOL 2869 PAGE 985
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by the
Deed of Easement
dated July 8 1986, from County of San Luis Obispo
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council pursuant
to authority conferred by Resolution No. 5370 (1984 Series), recorded
June 15, 1984, in Volume 2604, Official Records. Page 878, San Luis Obispo
County. California, and the Grantee consents to recordation thereof by its
duly authorized officer or his agent.
Date: D /i
j 42
...' ATT T
mela Voges, Cit 'Clerk
c
CITY OF SAN LUIS OBISPO
By
on Dunin, Mayor
VOL 2869 nGE986
RESOLUTION NO. 6039 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to
sign a contract on behalf of the City for the following:
PROJECT: Madonna Road Widening Project CITY PLAN NO.: K27B & K52B
U.S. Post Office to San Luis
Obispo Creek Bridge
ESTIMATE: $1,859,000 FUND NO.: 646 & 880
BIDDER: Walter Bros. Construction BID AMOUNT: $1,880,609
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare
the appropriate documents for signature by the successful bidder and the Mayor.
On motion of Councilman Settle seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing Resolution was passed and adopted this 5th
August , 1986.
ATTEST: r '
V
CITY AERK PAMELA VO S
APPROVED:
City A7minis/ , Officer
City AtIprney d
Finance Dire cr
Ws?&W� !W VlAaiod od, Ro—ul
City En er
jwh2 /k27baward
by
day of
R 6039
n��
on? e-ro
RESOLUTION NO. 6038 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ACCEPTING THE TRANSFER
OF PROPERTY TAX REVENUE FROM THE CITY
OF SAN LUIS OBISPO TO THE COUNTY OF
SAN LUIS OBISPO
WHEREAS, a portion of the property known as Billy Goat acres is
proposed for detachment from the City of San Luis Obispo (LAFCO Detachment
No. 2); and
WHEREAS, Revenue and Taxation Code Section 99 (b) requires that the
amount of property tax and increment to be exchanged be determined by
negotiation and accepted by resolution; and
WHEREAS, Local Agency Formation Commission (LAFCO) of San Luis Obispo
County has formally noticed the commencement of negotiations for property
tax revenue; and
WHEREAS, the City of San Luis Obispo receives 18.66746% of the
property tax collected for the property which is estimated to be $.48; and
WHEREAS, one hundred percent (100 %) of the City's annual tax increment
for the property is to be transferred.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Council of the City of San Luis Obispo commences
negotiations for and accepts the transfer of property tax related to LAFCO
Detachment No. 2: $.48 in FY 1985 -86 and one hundred percent (100 %) of
the annual increment.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing Resolution was passed and adopted this 5th day of August
1986.
ATTEST-
CITY kLERK PAMELA VO
MATMrTM DUNIN
: *s�csssss
R 6038
r-.
Resolution No. 6038 (1986 Series)
Page 2
APPROVED:
City Administrative Offic r
I N IF I Mm",
Et-,ctor
I
1Vjfk1 CITY
TM)C-
OF Of.&NIW-7
PARQ& A'---
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RESOLUTION NO. 6037 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATION LIMITATION
FOR FISCAL YEAR 1986 -1987
WHEREAS, Article XIIIB of the Constitution of the State of California
and Section 7900 of the Government Code require each government entity in
the state of California to calculate annually an "appropriation
limitation ", and stipulate the manner in which it is to be calculated, and
WHEREAS, the appropriation limitation must be adopted by resolution in
a regularly scheduled and advertised meeting of the Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Appropriation Limitation for FY1986 -87 is calculated to be
$15,203,424 and is hereby adopted.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing Resolution was adopted this 5th day of August , 1986.
ATTEST:
CITY CLER PAM VOGES
MAYQA- R9*-1MNIN
* *xsx : : *ssssas * * * * *a *mix *s
R 6037
RESOLUTION N0. 6037 (1986 Series)
Page 2
Approved:
0,4-0 0 5
City Administrative 6ffic (r
Director of F ance
C'
i Cl
��
RESOLUTION N0:;6036':(1986-=Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN EXTENSION OF AGREEMENT
BETWEEN THE CITY AND THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES
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 the California
Office of Emergency Services is hereby approved and the Fire Chief is authorized to
execute the same.
SECTION 2. The Fire Chief, with the approval of the City Administrative Officer,
is authorized to sign future extension agreements of similar language.
SECTION 3. The City Clerk shall furnish a copy of this resolution to the Fire
Chief who will execute the agreement and forward to the State and to the City Clerk.
On motion of Councilman Setfig . seconded by: Councilwoman Dovev
and on the following roll call voter
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing resolution was passed and adopted this 5th day of - August ,
1986.
ATTEST:
CITY LERK PAMELA 'WfJdh-S
R 6036
-:
ATTEST:
CITY LERK PAMELA 'WfJdh-S
R 6036
City Administrative
- /4, --�-
City Att ey
Fire Chief
r
J!
IJolc��
Cl
ATTACHMENT I
i
S T A T E O F C A L I F.O R N I A
O F F I C E O F E M E R G E N C Y S E R V I C E S
EXTENSION OF AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of June
19 86 , by and between the State of California, acting by and through its
duly appointed, qualified, and acting Director of the Office of Emergency
Services, hereinafter called STATE, and the
SAN LUIS OBISPO FIRE DEPARTMENT
through its duly appointed, qualified, and Acting Officers, hereinafter called
TRANSFEREE.
W I T N E S S E T H
WHEREAS, under Agreement dated 5/30/84 , STATE
transferred possession of OES -202 along with certain
equipment to TRANSFEREE for a period of 2 years , commencing
6/30/84 and ending 6/30/86 for a
consideration set forth therein; and
WHEREAS, it is the desire of the parties hereto to extend the term of
said agreement for an additional 2 -Year period upon the
same terms and conditions;
NOW, THEREFORE, it is mutually agreed as follows:
1. The paragraph of said agreement relating to term is hereby amended
to provide that the commencement date shall be June 30, 1986 ,
and the expiration date shall be June 30, 1988
2. All other terms and conditions of said agreement shall remain
unchanged and in full force and effect during the extension period provided
for herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as
of the date first hereinabove written:
SAN LUTS OBISPO FTRF DEPARTMENT STATE OF CALIFORNIA
By:
Michael Dolder
Fire Chief
(Title)
F -129 (3/71)
WILLIAM M. MEDIGOV.ICH
Director, Office of Emergency Services
R. G. Barrows, Chief
Fire & Rescue Division
(Title)
O C
RESOLUTION NO. 6035 (1986 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING THE
DEFEAT BY THE VOTING PUBLIC OF THE "CALIFORNIA FAIR PAY" INITIATIVE
WHEREAS, the so- called "California Fair Pay" Initiative shall appear on
the November 1986 ballot; and
WHEREAS, this initiative would limit compensation of the state and local
officials to no more than 80 percent of the governor's salary; and
WHEREAS,.the initiative severely damages California's competitive position
in retaining and attracting top talent to.public service; and
WHEREAS, the arbitrary limits set by the initiative are in conflict with
the marketplace in which California must compete for technical and
managerial skills; and
WHEREAS, the initiative destroys rational salary setting due to the
arbitrary limits it establishes and the compaction problems it creates
with respect to salary structures; and
WHEREAS, the management of California's public business could suffer
serious, perhaps irreparable damage as a result of the loss of competent
managers that the initiative.would cause; and
WHEREAS, the concept of establishing the governor's salary as a single
salary standard and top public salary in the state is inappropriate and
unworkable; and
WHEREAS, this initiative would prohibit all public employees from
accumulating sick leave and vacation time from one year to the next; and
WHEREAS, the so- called "California Fair Pay" initiative could actually
result in higher, not lower, pensions for some already highly compensated
former public officials.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo opposes the so- called "California Fair Pay" initiative and urges
its defeat by the voting public.
On motion of Councilman Settle seconded by Councilwoman Dovey and
on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing resolution was passed and adopted this 51h day of mss,
1986.
YOR RON DUNIN
ATTES :
CITY LERK PAMELA VO
R 6.035
Resolution No. 6035 (1986 Series)
Page 2
APPROVED:
P'a, �
City Administrativ Off'cer
0
� �/� C'
Lo
C.
RESOLUTION NO. 6034 (1986 SERIES)
A RESOLUTION APPROVING AMENDMENT TO COMMUNITY
PERFORMING ARTS STUDY AGREEMENT BETWEEN THE CITY
OF SAN LUIS OBISPO AND HALL GOODHUE HAISLEY & BARKER
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. Amendment to Performing Arts Feasibility Study Agreement
between the City of San Luis Obispo and Hall Goodhue Haisley &
Barker (HGHB) for the study of a joint college /community
theater on the Cal Poly campus and a smaller theater in the
downtown core is hereby approved.
2. The transfer of $19,000 from the Capital Facilities Reserve
Account to Fund 214 to pay for administration of the contract
amendment is hereby approved.
3. The City Clerk shall furnish a copy of this resolution to:
Hall Goodhue Haisley & Barker
Mr. Douglas Barker
282 Second Street
San Francisco, CA 94105.
On motion of Councilman Settle , seconded by Councilwoman Dovev
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing Resolution was passed and adopted this 5th day of Au ust
1986.
MA NIN
ATTES
CITIV CLERK PAMELA NOES
* * * *ss *a
APPROVED:
City Administr ive Officer
City At rney IV
r
R 6034
July 17, 1986
Paul A. Lanspery
City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, cA_93406
Subject: Contract Amendment
Dear Paul:
In the June 23 study session, Council directed us to proceed on two
parallel tracks, one pursuing the College /Community joint venture
concept for a large theater on campus, the second changing the
scope of the original study from a large downtown theater to the
smaller theater in the downtown core.
These shifts in the scope of our study will require additional
services and an amendment to our original contract. I suggest that
we use parts two and three of the original contract to complete the
small theater study and that we add anew part four for the joint
venture concept workshop.
The attached material is our proposal for the contract amendment.
Not included in this proposal is any work related to flat floor
meet -ing or conference spaces. My sense of the study session was
that Council felt this need is already being met by the new hotels
being planned and constructed.
Please telephone me should you have any questions.
Very truly yours,
HALL GOODHUE HAISLEY AND BARKER
Douglas Barker
DB /dlb
DB7 -1 7. PL/ Hall Good1we Ilaisley K Barker
SNY
The shift in emphasis of the downtown mandate from a large theater to
the small theater will require additional work by the consultants to
update work already completed in Part Two of the original contract.
PART TWO
Task 2.6: Prepare for Small Theater Workshop
Review Little Theater's proposed program of June 16, 1986.
Review other previous material and prepare for workshop.
Task 2.7: Small Theater Workshop
The consultants will lead a one -day workshop. The goal of the
workshop will be to explore alternative master plan strategies
for a small downtown theater and reach a consensus on narrowing
down the alternatives. Discussion subjects will include:
A. Seating capacity and theater architectural form
B. Four alternative sites /strategies
1) Fremont Theater retro fit
2) Premier Music Building
3) Mission school partnership
4) One additional site /strategy not yet identidied
C) Use policy concepts
D) Alternative funding, ownership, oeprators and
maintenance concepts, and supplemental commercial
uses where appropriate
E) Possible phasing concepts
Task 2.8: Post workshop
Task 2.8.1: Write report of workshop
Task .2.8.2: Prepare capital cost estimates of alternatives.
Task 2.8.3: Prepare preliminary funding, ownership, financing
analysis of selected alternatives along with
operating and management concepts.
Task 2.8.4: Forward conclusions and recommendations report for
Tasks 2.8.2 and 2.8.3 to city for review and
selection of a prepared alternative, and authority
to proceed into Part Three of the contract.
•
Contract Amendment, Page 2
V
Our fee for Tasks 2.6, 2.7, and 2.8.1 is $4,500. If the city can
reach a consensus on a single preferred alternative at the workshop,
then we can proceed directly into Part Three of the contract.
If the city cannot reach a decision in the workshop and additional
information is needed, the fee for Tasks 2.8.2, 2.8.3 and 2.8.4 is
also $4,500.
NOTE:
In the interests of keeping costs down, we have not included
the following tasks in the above estimate:
Plans and Sections
We have already, in Part Two, prepared plans and sections for
prototypical small theaters. If any of the selected alterna-
tives are different than the prototypes already drawn, we will
need to prepare new plan and section diagrams to illustrate the
concepts to the community and to help to prepare cost estimates.
It is difficult to estimate this work at this time because we do
not know the nature of the alternatives. A horseback guess is
$2,000. For any existing building alternatives, we assume the
city will provide us with adequate plans and sections of the
buildings for our use.
Comparables
Previously, in Task 2.2, we reviewed comparable projects for
the large theater only. To complete the small theater analysis
properly, it will be necessary to repeat this task to have data
to test the small theater's revenues and expenses, use and
attenda nce projections against. We also think it could provide
information needed to answer questions from the public. How-
ever, we feel you should decide whether or not this informa-
tion will be critical to reaching decisions on the small thea-
ter strategy. Should you decide to include this task, its cost
will be $3,500.
PART THREE
All of the tasks in Part Three of the original contract will be
redirected to a small theater facility or a downtown site.
Presentation No. Three might be revised to include a report
to City Council on both projects, the small downtown theater,
and the reuslts of the college /community joint venture work-
shop.
Contract Amendment, Page 3
�r
Y�
PART FOUR: Colleqe /Community Joint Venture Workshop
Task 4.1: Prepare agenda and advance material
The consultants will prepare a workshop agenda, along with a
list of principal planning and policy issues and specific
questions the workshop must address. This material will be
distributed to the participants in advance of the workshop.
Task 4.2 Workshop
The consultants will participate in a two -day workshop. The
consultants role will be to act as facilitators of the process
and to provide technical expertise and guidance to the partici-
pants. At the end of the second day, there will be an execu-
tive summary presentation to the president and the mayor.
Task 4.3: Draft Report
We will prepare a draft report of the results of the workshop
for distribution to the workshop participants for their review
for accuracy.
Task 4.4: Final Report
We will revise the draft and submit a final report for distri-
bution or for internal reporting.
Our fee for Part Four is $9,000.
Reimbursable costs such as travel, telephone, reproduction, living
and other such costs will be billed as direct expenses and are not
included in the above estimates.
DB7- 17.PL/
SNY
-° �,.; i Wit.= ..n_L,: ��
c_.. /•
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i
RESOLUTION NO. 6033 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1304
2684 Johnson Avenue arid '2621 Flora Street
(Hildenbrand et ai, Subdividers)
WHEREAS, the City Council made certain findings concerning Tract 1304 and
as contained in Resolution No. 5761 (1985 Series), and
WHEREAS, an offer of dedication for future public street purposes has been
received to be accepted at some future date when additional right -of -way
becomes available as prescribed in the Common Driveway Agreement approved for
this subdivision, and
WHEREAS, all conditions required per Resolution No. 5761 (1985 Series) have
been met or are guaranteed,
NOW THEREFORE BE IT RESOLVED, that final approval is hereby granted for
Tract 1304.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT Councilmembers Griffin and Rappa
the foregoing resolution was passed and adopted this 5th day of
August 1986.
ATTEST-
CITY CLERK PAMELA VOG Aj
r r r i r r r r
R 6033
IN
r r r i r r r r
R 6033
Resolution No. 6033 (1986 Series)
Page Two.
APPROVED:
City AdministrativelOffiAr
City Attor y
�!/J
Community Development Director
1.
City r eer
jwk3 /t1304fin
by
C
C
RESOLUTION NO. 5761 (1985 Series)
A RFSOLU ION OF THE 02UNCIL OF THE QTY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1304
LOCATED AT 2684 JOHNSON AVENUE AND 2621 FIDRA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the
tentative map of Tract 1304 and the Planning Commission's recammnendati:ons,
staff recommendations and reports thereon, makes the following findings:
1. There are unusual circumstances at the site which warrant an exception to
the parking and driveway standards to allow six lots access to a common
driveway, specifically that the driveway will be improved with curbs,
gutters and sidewalks and may be widened to a full -width street.
2. The driveway is appropriately located at the site and does not - interfere
with other activities or development in the area.
3. The driveway poses no significant potential for conflict between the
parties sharing the driveway because of its location, length, grading,
usage or other characteristics.
4. The driveway will clearly be safer than a standard driveway since it will
be improved with curbs, gutters and sidewalk, will be wider and will
replace an existing driveway which exits onto Johnson Avenue.
5. The design of the tentative map and prcposed improvements are consistent
with the general plan.
6. The site is physically suited for the type and density of development
allowed in an R-1 zone.
7. The design of the tentative map, common driveway and proposed improvements
are not likely to cause serious health problems; substantial environmental
damage or substantially and unavoidably injure fish or wildlife or their
habitat.
8. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
9. The Community Development Director has determined that the proposed
subdivision will not have a significant effect on the environment and has
granted a negative declaration.
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1304 be subject to the following conditions:
R 5761
Resolution No. 5761 (1985 Series)
Tract 1304
Page 2
1. The subdivider shall install "no parking" signs on the cam on driveway
and /or paint the curb red along its entirety.
2. The subdivider shall paint the Johnson Avenue curb red for 20 feet on
either side of the driveway.
3. Lots in the tract shall be addressed according to a plan prepared by the
Community Development Department; prior to final map approval.
4. The final map shall note that; at the time of development of each lot; two
guest parking spaces shall be provided in addition to those required by
current Zoning Regulations.
5. The subdivider shall plant one 24" box specimen tree to replace each tree
to be removed. Removal of other trees on the site and suitable replacement
trees shall be as approved by the Public Works Department.
6. The triangular portion of the southeasterly side of Lot 4 shall be
transferred to Lot 5 by realigning the rear property line of Lot 4 with
Lots 1; 2. and 3 to the satisfaction of the Cummuiity Development Director.
7. The final map shall indicate a turnaround for fire suppression vehicles to
the approval of the Fire Department and Community Development Director.
Subdivider shall install the turnaround as a subdivision improvement.
B. The subdivider shall pay water acreage and water frontage fees as
determined by the City Engineer.
9. The subdivider shall install city standard street lights on Flora and
Johnson frontages to the approval of the City Engineer. The lights will be
awned by the city and maintained by Pacific Gas & Electric..
10. The subdivider shall plant ten 15- gallon ScIwedler maple trees on La Vineda
and on Johnson Avenue; and three 15- gallon size liquidambar trees on Flora
Street. Tree planting on undeveloped lots may be deferred until developed
and shall be so noted on the map.
11. The subdivider shall submit a conumn driveway agreement to the Community
Development Department staff for approval and recordation.
12. Subdivider shall modify curb radius at Johnson Avenue to improve sight
distance to the approval of the CcnrLnity Development Department.
13. A note shall be placed on the map that existing riparian vegetation shall
not be removed.
14. All utilities shall be undergrounded.
Resolution No. 5761 (1985 Series)
Tract 1304
Page 3
on notion of Councilman Settle seconded by Councilman Du_nin
and on the following roll call vote: ,
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this '6th" day of August
1985.
APPROVED:
City Administrative ffi
_ 1-r
CoamInity De elopment Director
A G R E E M E N T
THIS AGREEMENT dated this 5th day of August, 1986, by and
between DAVID C. HILDENBRAND, SHARA L. HILDENBRAND, LOUIS J. TAMO,
BETTY J. TAMO, CRAIG CRAMER, MARTHA A. CRAMER, SCOTT R. LATHROP ELLEN A
LATHROP, NADINE COLLINS , herein referred to as "Subdivider," and the
CITY OF SAN LUIS OBISPO, herein referred to as the "City."
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that
certain real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1304, City of San Luis Obispo, California, as approved by the City
Council, on the -5th day of August , 1986 .
WHEREAS,the Subdivider desires that said Tract 1304 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances and
regulations, and in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
1. CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him,. and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City Council, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
2
Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:
1. The Subdivider shall deposit a monumentation bond of $400.00 to cover
the installation of survey monuments in accordance with the approved
map and payment for same. Said deposit will be released to the
Subdivider upon receipt by the City of a letter from the Engineer
indicating they have completed the work and have been paid.
2. The Subdivider shall pay water acreage fees of $2,119.56 (1.82 AC x
$1160/AC).
3. The Subdivider shall pay a park -in -lieu fee of $8,166.00.
4. Subdivider shall install the Fire Department turn - around as required by
Condition 7 of Resolution 5761 (1985 Series) and as shown on the
plans. Property owner shall maintain until full cul -de -sac is
completed.
5. Subdivider shall record a common driveway agreement for La Vi_neda
Street per Condition 11 of Resolution 5761 (1985 Series).
6. Subdivider is entitled to reimbursement for pro -rata share of water and
sewer in accordance with Section 13.04.110 and 13.08.080 of the
Municipal Code.
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office, Department of Interior, Washington, D.C.
0
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, (instrument of
credit /bond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(instrument of credit /bond) is in the amount of $113,000.00 and which is
in the amount of the estimated cost of said improvements. Subdivider
agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements
occurring within twelve (12) months after acceptance thereof. In
accordance with Sections 66499.7 and 66499.9 of the Government Code of the
State of California, upon final completion and acceptance of the work,
City will release all but 10% of the improvement security, that amount
being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the improvements
arising within a period of one year following the completion and
acceptance thereof against any defective work or labor done, or' defective
materials furnished, in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as
of which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, which has
4
been posted by Subdivider, to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense thereof
from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $3,400.00
from which deposit the City will pay the salary and expenses of an
inspector or inspectors to inspect installation of said subdivision
improvements and certify that they have been completed in accordance with
the plans and specifications. Any unexpended monies will be returned to
the Subdivider. In the event the inspection fees exceed the sum of
$3,400.00 the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as apart of said Subdivision Map, and all other documents filed
with the City by the Subdivider and approved by the City Engineer are
hereby referred to for further particulars in interpreting and defining
the obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement.
E
j
It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MA N IN
ATTEST:
CIT CLERK PAMELA CES
Approved as to form:
City AttArney
City ineer
Agr -1304
by
SUBDIVIDER
David C. Hildenbrand
Shara Lam, Hildenbrand
C
Louis J. Tamo
9
Martha A. Cramer
Ssr atr
t R.
Ellen Lathrop
no4l- � C! & �
Nadine Collins
U
RESOLUTION NO. 6032 (1986 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AMENDMENT NO. 2 TO AGREEMENT FOR
SHARING COST OF STATE HIGHWAY ELECTRICAL
FACILITIES WITH CITY OF SAN LUIS OBISPO
BE IT RESOLVED by the Council of the City of San Luis Obispo to:
1.. Approve Amendment No. 2 to Agreement for Sharing Cost of
State Highway Electrical Facilities with City of San Luis Obispo, and
2. Authorize the Mayor to execute Amendment No. 2 and
3. Direct the City Clerk to deliver an original and three copies
of the executed amendment to:
Harold C. Pfost
Assistant District Maintenance Engineer
State of California
Department of Transportation
P.O. Box 8114
San Luis Obispo, CA 93403 -8114
On motion of Councilman Settle , seconded by Councilwoman Dovey,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmembers Griffin and Rappa
the foregoing resolution was passed and adopted this 5th day of
August 1986.
ATT ST:
(AA
CI CLERK PAMELA S
Y 6032
Mu _i. :l 1h
ATT ST:
(AA
CI CLERK PAMELA S
Y 6032
U
RESOLUTION NO. 6032 (1986 SERIES)
APPROVED:
raxxo-a
City Administr6tive fficer
Public Works Director
dfrtrafsig /#4
AMENDMENT NO. 2
CITY OF SAN LUIS OBISPO March 17, 1986
AMENDMENT TO AGREEMENT FOR MAINTENANCE OF STATF, HIGHWAY entered
into by and between the City of San Luis Obispo, hereinafter
referred to as "the CITY ", and the State of California, acting
by and through the Department of Transportation, hereinafter
referred to as "the STATE ".
WITNESSETH:
WHEREAS, an Agreement for maintenace of State Highways, as
provided for in Section 130 of the Streets and Highways Code,
was executed by the CITY May, 1984 and by the STATE, stay, 1984;
and
WHEREAS, said Agreement by its terms provides that it may be
modified or amended at any time upon mutual consent of the
parties; and
WHEREAS, the parties thereto now desire that said Agreement
be amended,
NOW, THEREFORE, it is understood and agreed that said Agree-
ment be and the same is hereby amended in accordance with the
attached pages dated April 1, 1986 and numbered 3, 4 and S,
which attached pages shall be substituted for like numbered
pages in said Agreement, and shall cancel and supersede such
like numbered pages, becoming a part of said Agreement for all
purposes. In all other respects, said Agreement shall remain in
full force and effect.
AMENDMENT NO. 2
This Amendment shall. become effective this 1st day of April,
1986.
Approved as to form and
procedure.
City Att r ey
B
CITY OF SAN LUIS OBISPO
4+at r on Dunin
v
Ci y Clerk Pamela V es
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LEO J. TROMBATORE
Director of Transportation
By
District Director
Date
EXHIBIT "A"
CITY OF SAN LUIS OBISPO
C'
Effective April 1, 1986
* See Interagency Agreement with Cal Poly
** 1/4 County
r]
ELECTRICAL FACILITIES OPERATION.AND
MAINTENANCE
COST
DISTRIBUTION
Billed and Maintained by the
STATE
E Number/
Type of
Cost Distribution
Route
Pole No.
Location
Facility Units
State
City
SIGNALS
001
EL161
Santa Rosa &
Traffic
50
50
EM16J
Walnut
Actuated
"
EL16J
Santa Rosa &
75
25
EM16J
Olive
"
EL17B
Santa Rosa &
50
50
EM16J
Murray
"
EL17F
Santa Rosa &
50
50
Foothill
"
EL17K
Santa Rosa &
*75
25
Highland -Cal Poly
101
EX27N
Madonna
25
75
Southbound
"
EX27M
Madonna
50
50
Northbound
227
EQ12A
Broad & Orcutt
66.7
33.3
"
EQ12N
Broad & South
50
50
"
EQ13C
Broad & Buchon
50
50
"
EQ13D
Broad & Pismo
50
50
"
EQ13P
Marsh &
Fixed
75
25
Higuera
Time
"
EQ11A
Tank Farm Rd.
Traffic
50
25 **
& Higuera
Actuated
* See Interagency Agreement with Cal Poly
** 1/4 County
r]
C-
E Number/ Type of
Route Pole No. Location Facility Units
FLASHERS
NONE
FLASHING WARNING SIGN
227 EQ10W S of Tank Farm 1
Rd. (Nthbnd.)
LIGHTS
Cost Distribution
State City
50 25*
001
Z1675
Santa Rosa/
250W
HPS
1
50
50
Walnut
"
Z1676
n
1
50
50
"
A1684
Santa Rosa/
20OW
HPS
1.
75
25
Olive
"
A1686
n
1
75
25
"
D1709
Santa Rosa/
1
50
50
Murray
"
D1711
1
50
50
"
E1732
Santa Rosa/
31OW
HPS
1
50
50
Foothill
"
E1733
1
50
50
"
E1735
n
1
50
50
"
E1736
1
50
50
"
E1778
Santa Rosa/
n
1
75 **
25
Highland
"
E1779
n
1
75 **
25
"
E1781
1
75 **
25
"
E1782
1
75 **
25
101
G2597
West End Los
20OW
HPS
1
50
50
Osos Rd. O.C.
"
J2739
Madonna Rd.
1
25
75
Southbound
"
J2741
1
25
75
"
J2743
1
25
75
"
J2745
n
1
25
75
"
J2746
1
0
100
"
J2747
n
1
0
100
"
J2749
1
0
100
"
K2755
Madonna Rd.
n
1
50
50
Northbound
"
K2756
n
1
50
50
"
Y2999
Monterey &
20OW
HPS
1
0
100
Buena Vista
"
Y3003
1
33.3
66.7
* 1/4 County
** See Interagency Agreement with Cal Poly
4
* 1/4 County
R
Cost Distribution
State City
66.7
33.3
66.7
33.3
66.7
33.3
50
E Number/
50
Type
of
50
Route
Pole No.
Location
Facility
Units
25
75
227
B1194
Broad & Orcutt
20OW
HPS
1
"
B1195
25*
1
"
B1197
1
"
C1263
Broad & South
1
"
C1264
1
"
C1266
1
"
C1.267
1
"
D1383
Marsh & Higuera
1
"
D1384
1
"
D1385
1
"
D1386
1
"
D1387
1
"
D1389
1
"
1087
S. of Tank Farm
75W
HPS
1
Rd. (N /B) Sign
Light
"
E1104
Tank Farm Rd.&
20OW
HPS
1
Higuera
"
E1105
1
"
E1107
1
"
E1108
1
* 1/4 County
R
Cost Distribution
State City
66.7
33.3
66.7
33.3
66.7
33.3
50
50
50
50
50
50
50
50
75
25
75
25
75
25
75
25
75
25
'.5
25
50
25*
50 25*
50 .25*
50 25*
50 25*
RESOLUTION NO. 6031 (1986 Series)
A RESOLUTIONQ OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADOPTING GENERAL CRITERIA AND
SITE SELECTION PRIORITIES FOR THE SIDEWALK
IMPROVEMENT PROGRAM
WHEREAS, the City desires that its citizens have available safe,
convenient and suitably located sidewalks; and
WHEREAS, many areas of the City do not have such sidewalks; and
WsEREAs, the City desires such areas to be improved considering needs,
hazards and the wishes of the neighborhoods,
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts
the following:
a. Sidewalk program should integrate repair and construction.
b. Sidewalk program should emphasize safety, particularly safety
of children. To this effect, City staff should consult with
school authorities and PTAs in preparing specific construction
priorities.
c. City - initiated sidewalks should be installed only where there is a
demonstrated pedestrian need.
1
d. City should respond favorably vden it is petitioned for sidewalk
improvements by more than 50% of the owners of a block ( those
portions already improved are considered a favorable vote).
e. Sidewalk program should consider topography and significant trees.
f. Council may consider scenic nature of area, desires of the
neighborhood, traffic flow and other judgement items in its
determinations.
R 6031
Resolution No. 6031
(1986 Series)
•
9. Staff will bring to Council attention those properties where
more than 5O% of the frontage of a block has been improved,
thereby meeting 1911 Act criteria for completion of improvements
within a block.
SITE SEiETION PRIORITIES FOR CONSTRUCTION OF NEW SIDEWALKS
1. In areas with safety hazards or heavy pedestrian use, especially
children.
2. Along arterial and collector streets near schools, parr, churches,
and neighborhood commercial centers.
3. Along local streets near schools, parks, churches, and neighborhood
4. In other residential and commercial areas as necessary.
on motion of Councilman Griffin, seconded by Councilman Settle and on
the following roll call vote: ,
AYES: Councilmembers Griffin, Settle, Dovey and Mayor Dunin
NOES: None
ABSE24T: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 15th day of
July , 1986.
MAYOR RON DUNIN
APP D:
, a� Q
City Administrati a ficer
City At�grney
Public Works Director
U
C � ,
RESOLUTION NO. 6030 (1986 Series) .
AN RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING NEGOTIATIONS WITH GLENBOROUGH /FAMA /SYKES GROUP
FOR DEVELOPMENT OF CITY -OWNED PROPERTY AT.999 MONTEREY STREET
WHEREAS, the City of San Luis Obispo owns property generally described as 999
Monterey Street; and
WHEREAS, the council has adopted a two -year workprogram leading to the development
and possible disposal of said property referred to as the Court Street Center site
(Resolution No. 5575 -1985 Series); and.
WHEREAS, the city has received "Statements of Qualification" from developers
interested in said site pursuant to said workprogram; and
WHEREAS, a panel of staff and citizens has evaluated the developers' qualifications
and interviewed the top- ranked developers;. and
WHEREAS, the panel has recommended the city negotiate with the development team of
Glenborough /Fama /Sykes Group based on the panel's studies, interviews, and deliberations;
NOW, THEREFORE, BE IT RESOLVED that the City Council directs that:
SECTION 1. City staff is hereby authorized to negotiate with Glenborough /Fama /Sykes
Group pursuant to the exclusive negotiation agreement, Exhibit 'B ".
SECTION 2. The Mayor is hereby authorized to sign the exclusive negotiation
agreement for the city as amended pursuant to the Glen borough/Fa rna/Sykes Group letter
dated July I-< 1986.
On motion of Councilman Settle ,seconded by - Councilman Griffin
and on the following roll call dote:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
R 6030
Resolution No. 6030 (1986 Series)
Page 2
the foregoing resolution was passed and adopted this 15th day of July
1986.
Mayor Ron Dunin
ATTEST:
S
Ci ly Clerk Pamela oges
APP VED:.
PO-0
City Administrativ Off' er
�= rha�lC'�
C
EXCLUSIVE NEGOTIATION AGREEMENT
ENTERED INTO this 15th day of July , 1986, and
this agreement is made by and between the City Council of the
City of San Luis Obispo (the "CITY ") and Glenborough
Corporation, a California corporation, Frank A. Morrow d/b /a
Frank A. Morrow and Associates, and Interwest Investment
Group, a California corporation (collectively the
"DEVELOPER ").
RECITALS
1. WHEREAS, the CITY has adopted a workprogram
(Council Resolution No. 5575 -1984 Series) for the development
of city -owed property at 999 Monterey Street, in the City and
County of San Luis Obispo, California, and
2. WHEREAS, the CITY desires.that certain parcels
of real property (the "Site ") as shown in'Exhibit "B -1"
attached hereto and incorporated herein, be developed in
accordance with the provisions of the CITY'S General Plan and
the Court Street Center Request for Qualifications; and
3. WHEREAS, the DEVELOPER has submitted a
"STATEMENT OF QUALIFICATIONS" outlining its experience,
expertise, and financial standing, and desires to develop the
property in accordance with the adopted workprogram; and
(CTST /01) 1.
4. WHEREAS, the DEVELOPER was selected by a panel
of citizens and staff based on the Statement of
Qualifications, interviews, and responses to development
questions; and
5. WHEREAS, the CITY and DEVELOPER desire to
enter into an agreement which will permit the parties to make
the necessary analysis to determine the feasibility of
developing a mixed -use commercial project on the site, and to
negotiate a Disposition and Development Agreement (the "DDA ")
which, if negotiated and approved, would provide for the sale
or lease of the Site to the DEVELOPER for development in
accordance with the Approved Development Plan; and
6. WHEREAS, the DEVELOPER has warranted and
represented to the CITY that it has the necessary skill,
expertise and ability, including financial ability, to
perform the tasks herein called for;
NOW THEREFORE, the CITY and DEVELOPER agree as
follows:.
SECTION 1. NEGOTIATIONS
The CITY and the DEVELOPER agree for the period set
forth below to negotiate diligently and in good faith to
prepare a DDA to be entered into between the CITY and the
DEVELOPER concerning the development of a. mixed -used
commercial development with retail, hotel, or office space
and parking on the Site. The CITY agrees to negotiate
exclusively for the period herein provided with the
(CTST /01) 2.
C •
DEVELOPER, and not with any other .person or entity, with
regard to the development of the Site.
SECTION 2. DEPOSIT
The DEVELOPER agrees to pay to the CITY a sum of
TWENTY -FIVE THOUSAND DOLLARS ($25,000) to guarantee the
DEVELOPER'S performance under the terms of this agreement,
and to reasonably reimburse the CITY for costs incurred for
and during negotiations (the "Deposit "). The Deposit shall
be held by CITY in a dedicated account from which•CITY may
reimburse itself in accordance with this agreement. In the
event that a DDA is entered into, the Deposit shall be
applied toward the property lease or purchase price, less
reasonable project costs incurred by the CITY including but
not limited to staff salaries, benefits, special studies,
administrative costs, and materials. If a DDA is not entered
into, the CITY may retain all or a portion of the Deposit in
accordance with the following:
a. Deposit Returned. The Deposit shall be
returned, less reasonable costs as described above, in the
event this agreement is terminated and a. DDA is not
successfully entered into through no fault of the parties,
pursuant to Section 9.
b. Deposit by DEVELOPER. In the event of
DEVELOPER'S failure to perform this agreement after the
'expiration of notice and cure as provided in Section 9b, CI.TY
and DEVELOPER agree that it ,would be impractical and
(CTST /O1) 3.
01 0
extremely difficult to estimate the damages which CITY may
suffer. Therefore, DEVELOPER and CITY hereby agree that a
reasonable estimate of the total net detriment that CITY
would suffer in the event that DEVELOPER defaults and fails
to perform the agreement is and shall be, as CITY'S sole
remedy, an amount equal to the Deposit (in accordance with
the terms of this agreement only) and any accrued interest
thereon. Said amount shall be the full, agreed and
liquidated damages for the breach of this agreement by
DEVELOPER, all other claims to damages being herein expressly
waived by CITY. Upon default (following notice and
opportunity to cure) by DEVELOPER, this agreement shall be
terminated and neither party shall have any further rights or
obligations hereunder, each to the other except for the right
of CITY to collect such liquidated damages from DEVELOPER.
C. Default by CITY. In the event of any
default by CITY, DEVELOPER shall be entitled to terminate
this agreement and receive immediate refund of the Deposit,
without deduction of any costs of CITY or to pursue such
other remedies available to DEVELOPER at law or in equity.
SECTION 3. TERM OF AGREEMENT
Commencing with the date of execution of this
Agreement, the CITY and DEVELOPER shall, in strictest good
(CTST /01) 4.
G
faith, negotiate the form and contents of a DDA, the scope of
which shall be generally as set forth in Section 4 within
ninety (90) days. If the CITY notifies DEVELOPER in writing
of its acceptance of the DDA's form and contents, the parties
shall have forty -five (45) days form the date of the written
acceptance to finalize the DDA and execute same. If the
parties are unable, using their strict good faith efforts, to
execute a DDA within the designated period, then at the
election of either party, this agreement shall terminate as
provided in Section 9. The decision to accept or reject a
DDA shall be at the CITY'S sole and absolute discretion and
its decision shall be final.
SECTION 4. DEVELOPMENT PLAN
A. Preparation and Submittal of a Development
Plan. Commencing with the execution of this agreement, the
DEVELOPER shall prepare a detailed proposal for the Court
Street Center Project in a professional and expeditious
manner. Said proposal (hereinafter "Development Plan ") shall
meet the requirements of this agreement and shall be
submitted to the CITY for its review within ninety (90) days
of the date of this agreement. The development plan shall
include, without limitation the following:.
a. the results, and impact, of the
geotechnical and engineering studies;
(CTST /01) S.
feasibility
financing;
N
b. preliminary
analysis including
C. preliminary
including critical path flow chart;
and elevations.
marketing and economic
potential sources of
development schedule
d. preliminary environmental studies;
e. conceptual site plans, building plans,
f. A narrative description and a designation
on the preliminary plans of all uses contemplated for the
improvements set forth in the development plan;
g. Any other information the CITY requests,
or the DEVELOPER desires to submit, which is relevant to a
complete understanding of the development plan.
B. Review of Development Plan. Promptly
following submittal by DEVELOPER, the CITY shall review the
development plan pursuant to the terms of this agreement, the
feasibility of the CITY'S financial involvement, if any, in
the proposed development, and the .best interests of the
citizens of San Luis Obispo. The CITY'S decision whether to
accept or reject the development plan, original or revised,
shall be in the CI.TY'S sole discretion and its decision shall
be final.
C. Developer's Responsibility Throughout.
Throughout the term of this agreement, the DEVELOPER agrees
PM.
(CTST /01) 6.
E
a. Maintain close contact with the CITY and
submit each month a written status report as to progress made
to date;
b. Designate at all times a qualified local
project manager who shall coordinate the work of the
DEVELOPER and be responsive to any questions or problems the
CITY may encounter;
C. Meet with various other public bodies,
including but not limited to the City Council, the Planning
Commission, the Architectural Review Commission, whenever
reasonably necessary to coordinate DEVELOPER'S efforts with
the requirements and standards those public bodies have
established for the area by ordinance, code, regulation or
resolution; and
d. Upon reasonable request by the CITY, meet
and confer with any employee, agent or representatives of the
CITY, or any organization designated by the CITY.
SECTION 4. DISPOSITION AND DEVELOPMENT AGREEMENT'
In addition to the terms which are required by law
and the terms which may be negotiated by the Parties, the DDA
between the parties shall address the following objectives
and conditions:
a. A commitment by the DEVELOPER to prepare
detailed construction plans and to commence and complete
construction in accordance with the approved construction and
development plans, all within an agreed time schedule.
(CTST /01) 7.
�\I
0
b. A declaration of terms of lease or sale
of the Site, escrow instructions, and nature of CITY
participation in development costs and /or profit sharing, if
any.
C. A mechanism to assure the protection of
the public interest in the event there is a material default
by the DEVELOPER prior to the issuance-of a Certificate of
Completion of the approved project.
d. Additional performance requirements and
timetables as necessary to evaluate and assure the financial
viability and success of the project to the satisfaction of
the CITY, including but not limited to DEVELOPER'S pro form
financial projections, a time schedule to obtain letters of
intent from major prospective tenants, a time schedule for
obtaining financing for the development and a time schedule
for DEVELOPER'S issuance of financial reports in the event
the CITY leases the project.
e. Legal remedies in the event of default or
breach of terms of the DDA.
SECTION 5. CITY COOPERATION
CITY agrees to promptly provide to the DEVELOPER
all information possessed by CITY reasonably related to the
development of the Site including, but not limited to,
marketing and economic data relating to the use of the Site.,
traffic studies, population and demographic studies and the
like. DEVELOPER agrees to provide CITY with all such
(CTST /01) 8.
information that it possesses and /or generates during the
exclusive negotiating period.
SECTION 6. DEVELOPER TO PAY COSTS
All costs involved in architectural, environmental,
engineering, economic, or other technical studies or other
costs in preparing the development proposal are to be at the
sole expense of the DEVELOPER, unless specifically noted
otherwise in the DDA.
SECTION 7. AGREEMENT NON- TRANSFERABLE
The DEVELOPER shall not assign, give, grant or
otherwise transfer, whether voluntarily or involuntarily, any
right, title, interest or power under this Agreement to any
other person or entity, without first receiving the written
consent of the CITY. Such consent shall be given or withheld
at the CITY'S sole and absolute discretion. As used herein,
the term "any right, title, interest or power under this
Agreement" includes, but is not limited to, the transfer, or
attempted transfer, of more than ten percent (10 %) of the
ownership of Glenborough Corporation.
SECTION 8. CITY APPROVALS
A. The DEVELOPER understands that the development .
of this Site is subject to the approval of various CITY
commissions and other advisory bodies and it is understood by
both parties that the CITY shall act diligently to encourage
the appropriate CITY agencies to expedite the review and
approval of all engineering and working drawings and other
(CTST /01) 9.
required approvals. DEVELOPER further understands that it
will be required to make full disclosure to various CITY
agencies concerning the DEVELOPER, the structure of the
development entity, and financing of the project.
B. During the negotiation period, the DEVELOPER
shall promptly and expeditiously undertake and complete at
its own expense various studies, entitlement applications,
and other actions which are necessary to allow the CITY to
evaluate the development plan. Failure by the DEVELOPER to
promptly undertake or complete such studies, applications, or
reports needed to provide a basis for the ultimate decisions
on these negotiations may constitute grounds for the CITY'S
termination this agreement.
C. During the negotiation period, the CITY shall
promptly and expeditiously undertake and complete various
actions which are necessary to provide a basis for official
approval of the project in accordance with its codes.,
ordinances, regulations and resolutions currently in effect
on the date hereof.
D. Any substantial change by DEVELOPER in its
concept of the proposed project, as described hereinabove,
shall constitute grounds upon which CITY may terminate this
agreement without fault to either party.
(CTST /01) 10.
o �
SECTION 9. REMEDIES
A. No Fault of Parties. The following events
constitute a basis for either Party to terminate this
agreement:
a. The CITY does not accept a conceptual
development plan submitted by the DEVELOPER or revisions
thereto as provided in Section 4; or
b. After the CITY acceptance of a conceptual
development plan (original or revised), the parties are
unable in the exercise of good faith to enter into a DDA as
provided in Section 4.
Upon the happening of either of the above - described
events and at the election of either Party,, this agreement
shall be terminated by written notice to the other Party.
Thereafter neither Party shall have any rights or claims
against or liability to the other, except to the extent set
forth in Section 2, "Deposit."
B. Fault of Developer. The following events
shall constitute a basis for the CITY to take action against
the DEVELOPER:
a. The DEVELOPER fails to negotiate the DDA
in a timely manner or in good faith; or
b. The DEVELOPER materially breaches any of
the other provisions or representations herein contained.
Upon the happening of any of the above- described
events, the CITY shall first notify the DEVELOPER in writing
(CTST /01) 11.
of its breach, failure, or act above - described, and give the
DEVELOPER thirty (30) days from receipt of such notice to
cure such breach or failure of act. In the event DEVELOPER
does not cure the breach to the CITY'S satisfaction, the CITY
shall thereafter be entitled to terminate this agreement
whereupon it shall be null and void and of no further
consequence whatsoever. In addition, CITY shall be entitled
to liquidated damages as specified in Section 2.b of this
Agreement.
SECTION 10. SUPERSEDING
Upon execution of the DDA by the parties, this
Exclusive Negotiation Agreement shall be .superseded and shall
have no ,further force or effect..
SECTION 11. NEGOTIATIONS_ DESIGNATED
The CITY has designated the following person as
being primarily responsible for the. negotiation of the DDA:
Jeff Hook, Project Manager
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
The DEVELOPER has designated the following person
as being primarily responsible for the negotiations of the
DDA:
Marshall E. Ochylski, Sykes Group
992 Monterey Street
San Luis Obispo, CA 93401
The parties acknowledge that the successful
negotiation of a DDA will require candid exchanges of
(CTST /01) 12.
�I •
information often on short notice and agree that they will
direct their designated negotiators to cooperate fully in the
negotiation process.
SECTION 11. DEVELOPER ACKNOWLEDGMENT
The DEVELOPER acknowledges and agrees that
execution of this agreement by the CITY does not constitute
any approval of development on the Site, nor does it obligate
the CITY to hereafter enter into further agreements
concerning the Site.
SECTION 12. MISCELLANEOUS PROVISIONS
A. Notices. Demands, and Communications.
Notices, demands, and formal communications between the CITY
and the DEVELOPER relating to this agreement shall be
sufficiently given if, and shall not be deemed given unless,
dispatched by registered or certified mail, postage prepaid,
return receipt requested or delivered personally, to the
principal offices of the CITY and the DEVELOPER as follows:
CITY: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93408 -8100
DEVELOPER: Marshall E. Ochylski, Sykes Group
992 Monterey Street
San Luis Obispo, CA 93401
B. Conflict of Interest. No member, official or
employee of the CITY shall have any personal interest, direct
or indirect, in this agreement nor shall any such member,
official or employee participate in any decision relating to
(CTST /01) 13.
this agreement which affects his personal, interests or the
interests of any corporation, partnership or association in
which he is directly or indirectly interested.
The DEVELOPER warrants that it has not paid or
given, and will not pay or give, any third person any money
or other consideration for obtaining this Agreement.
C. Non- Liability of CITY Officials, Employees,
and Agents. No member, official, employee or agent of the
CITY shall be personally liable to the DEVELOPER or any
successor in interest, in the event of any default or breach
by the CITY or for any amount which may become due to the
DEVELOPER or successor or on any obligation under the terms
of this agreement.
D. Plans and -Data. If parties do not enter into
a DDA for any reason, the DEVELOPER shall deliver to the CITY
without recourse or further liability or responsibility to
CITY or any third party; any and all plans and data
concerning any proposed development pursuant to this
Agreement which shall thereafter become the property of the
CITY.
E. Nondiscrimination. DEVELOPER covenants that
with respect to any action required herein, there shall be no
discrimination against or segregation of any person or group
of persons on account of race, color, religion, sex, marital
status, ancestry or national origin, nor shall the transferee
or any person claiming under or through the transferee
(CTST /01) 14.
G D
establish or permit any such practice or practices of
discrimination or segregation.
E. Consulting Contract. The parties mutually
agree that in order to advance the Court Street Center
Project to the stage where a development plan can be
completed and a DDA executed, there is a need for a careful
evaluation of the project's physical, economic, financial and
legal issues and opportunities. Therefore, the parties agree
that the CITY retains the right to employ consultants to
evaluate the DEVELOPER'S submittals and to assist the CITY in
the course of negotiation.
G. Time Extensions. Upon the approval of both
parties in writing, any time for the performance of any
action required herein may be extended, however, an extension
shall not thereafter preclude either party from refusing to
consent to a further extension.
H. Applicable Law. This agreement shall be
interpreted under and pursuant to the laws of the State of
California. DEVELOPER warrants and represents that it is
organized under the laws of the State of California and doing
business within said jurisdiction.
I. Counterparts. This agreement may be executed
in counterparts each of which shall be binding as an original
on all parties signatory to any counterpart.
J. Parties Not Co- Ventures. Nothing in this
agreement is intended to or shall establish the parties as
(CTST /01) 15.
partners, co- venturers or principal and agent to one another.
In the event any claim or legal proceeding of any type is
brought against the CITY because of, or arising out of,
DEVELOPER'S discharge of its obligations herein contained,
DEVELOPER shall, at CITY'S request, defend the CITY and in
the event of compromise, settlement or judgment on such claim
or legal proceeding, DEVELOPER shall hold CITY free and
harmless therefrom.
K. Entire Agreement. This agreement and the
exhibit hereto constitutes the sole agreement between the
parties respecting the transaction contemplated hereby.
IN WITNESS WHEREOF, the Parties have executed this
Agreement as of the date first written above.
CITY CITY OF SAN LUIS OBISPO
Dated: 9 z� & By
WRZrTunin, Mayor
ATTEST �)
By � V G
P mela Voges, C' y Clerk
DEVELOPER
Dated:
Dated:
GL OMUGH CORPORAT ON
E
By
i hard W. Ferr 1
By
Robert Wm. Serventi
(CTST /01) 16.
FRANK A ROW & ASSOCIATES
Dated- By ;GZ
F an A. Morrow
INTERWEST INVESTMENT GROUP,
a California corporation
Dated: By
To ykes, r sident
Dated: By
Marshall Ochylski, cretary
(CTST /01) 17.
C
RESOLUTION N0.6029 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RANKING RESIDENTIAL PROJECTS ACCORDING TO GROWTH MANAGEMENT
STANDARDS AFFECTING PROJECTS REVIEWED DURING THE THIRD QUARTER
OF 1986 (INCLUDING JUNE 1986)
The Council of the City of San Luis Obispo resolves:
SECTION 1. Findings:
1. The council has carefully reviewed the characteristics of each of the following
projects, based on scoring standards established by Section 17.88.100 of the
Residential Growth Management Regulations.
SECTION 2. Action. The following scores are assigned to each project and
authorization is granted for issuance of building permits as follows:
A. Terrace Hill, 2100 block of Augusta (Tract 926, Unit 1, ARC 85 -77), Growth Management
Standards Score: 10 points. Building permit authorization: 6 units.
B. Endres Apartments, 356 N. Chorro Street (ARC 86 -14, A 21 -86), Growth Management
Standards Score: 10 points. Building permit authorization: 10 units.
C. Hubbard Apartments, 1334 Palm Street (ARC 85 -80), Growth Management Standards Score:
9 points. Building permit authorization: 11 units.
D. Margarita Villa Condominiums, 251 Margarita Avenue (Tract 1210; ARC 84 -29, U1150),
Growth Management Standards Score: 9 points. Building permit authorization: 46
units.
E. Foothill /La Mancha, 102 Foothill Boulevard (Tract 1313, Unit 1, PD 1204), Growth
Management Standards Score: 7 points. Building permit authorization: 10 units.
F. Gannco Condominiums, 2221 King Street (Tract 1181, ARC 84-132), Growth Management
Standards Score: 7 points. Building permit authorization: 17 units.
On motion of Councilman Sett>escconded by Councilman Griffinand
on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
R 6029
Resolution No. 6029 (1986 Series)
Page 2
the foregoing resolution was passed and adopted this 15th day of jury
,1986.
t
W7 r on Dunin
A T:
Clity Clerk Pamelqlvoges
APPROVED:
Q
Cit Administra ive fic
_.. I `•'�
�/�i�
�� /�
RESOLUTION NO. 6028 (1986 SERIES)
A RESOLUTION APPROVING AMENDMENT NO. 1 TO
INTERAGENCY AGREEMENT #85/037 AND TRANSIT AGREEMENT SA #86/058
BETWEEN THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA
POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO, AND THE
CITY OF SAN LUIS OBISPO FOR ROUTE SUBSIDY TO SLO TRANSIT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That Amendment No. S.to Interagency Agreement #85/037 and Transit
Agreement SA #86/058 between the Trustees of the California State
University, California Polytechnic State university, San Luis
Obispo, and the City of San Luis Obispo is approved and the Mayor is
authorized to execute the same.
2. The City Clerk shall furnish a copy of this resolution and a copy of
.the executed amendment and agreement to:
Ray Macias
Procurement & Support Services Officer
California Polytechnic State University
San_Luis Obispo, CA 93407
On motion of Councilman Settle seconded by Councilman Griffin and
on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of
July 1986.
ATTEST:
PAA �� A L
CIT CLERK PAMELA G S
APP D: n
City Administrative iffice
r
NoWeR —M DUN I N
„�
Finance Direct,,
R 6028
SA #86/058
TRANSIT AGREEMENT
Thi's Transit Agreement ( "Agreement ") is made and entered into on
this 15th day of July , 1986, by and between the CITY OF SAN LUIS
OBISPO, a chartered municipal corporation of the State of California,
hereinafter referred to as "City," and THE TRUSTEES OF THE CALIFORNIA
STATE UNIVERSITY, CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS
OBISPO, hereinafter referred to as "University;" jointly referred to
hereinafter as the "parties."
RECITALS
The parties enter into and execute this Agreement with knowledge of
and reliance upon the following facts:
1. City is the operator of a mass transit system known as "SLO
Transit" which provides public transportation service within the City of
San Luis Obispo and between the City of San Luis Obispo and University.
2. City and University entered into Interagency Agreement #85 /037 on
July 16, 1985 in order to provide a No Fare Program for Cal Poly students,
faculty and staff using SLO Transit September i5, 1985 through June 14,
1986.
3. This No Fare Program increased ridership on SLO Transit by
providing for direct payment to City from University, which payment
entitles University students, faculty and staff to unlimited use of SLO
Transit during a specified period of time.
4. City and University wish to continue and expand the time period
for said Program.
�q� J
AGREEMENT
NOW, THEREFORE, in consideration of the mutual and respective
covenants set forth herein, and subject to all the terms and conditions
hereof, the parties agree as follows:
A. University shall pay to City the sum of Sixty Seven Thousand Sixty
Three Dollars ($67,063.00), payable in a single lump sum payment on or
before September 14, 1986 for the No Fare Program July 1, 1986 through
and including June 30, 1987.
B. In consideration of the payment described in paragraph A, City
shall allow University students, faculty and staff unlimited use of SLO
Transit services during normal operating hours, and at existing levels of
service from July 1, 1986, through and including June 30, 1987, provided
that said students, faculty and staff shall show a current. University
identification card to the driver of any SLO Transit bus before boarding.
City shall.not be required to increase its service level above that
currently existing, nor to change routes, times, or schedules, or add
buses. City reserves the right to change existing routes, times, and
schedules as it deems best for the benefit of the entire SLO Transit
system. City shall not charge or exact any additional fee from University
students, faculty or staff for use of SLO Transit services.
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C. The payment described .in paragraph A assumes that the City shall
continue to operate SLO Transit through the City /Transit Contractor
"Contract for Vehicle Operations on San Luis Obispo Municipal Transit ".
If, during the term of this Agreement, said contract is amended to provide
additional compensation to the Transit Contractor, University shall pay
the City an additional lump sum payment to reflect these increased
operational costs. Said additional sum shall be equal to the same
percentage increase as the Transit Contractor's mileage payment percentage
increase for Fiscal Year 1986 -81 and prorated to the total number of weeks
contemplated under. this Agreement. In no event shall the percentage
increase of the total payment described in paragraph A exceed 5 %. Payment
shall be made by the University to the City within 45 days.of the billing
date. If the City Council considers said amendment to the "Contract for
Vehicle Operations on San Luis Obispo Municipal Transit" then City shall
give prior notice to the University of all applicable City Council meeting
date(s) .
D. Either party may terminate this Agreement at any time, without
cause., by giving thirty (30) days written notice to the other party.
Either party may terminate this Agreement immediately for cause at any
time by giving written notice to the other party. In the latter case,
termination shall be effective upon receipt.. In the event of termination
of this Agreement, City shall refund to University, a proportionate amount
of the sum paid pursuant to paragraph A. The ratio of the amount refunded
to the total sum paid pursuant to paragraph A shall be equal to the ratio
of weeks (or part of a week) elapsed since July 1, 1986, to the total
number of weeks contemplated under this Agreement.
-2-
C'
E. This Agreement is not assignable. Any assignment or attempted
assignment by University shall be void, shall confer no rights on any
third party, and shall be good cause for termination of this Agreement by
City at its option.
F. Neither University nor any of University's agents or contractors
are or shall be considered to be agents of City in connection with the
performance of University's rights and obligations of this Agreement.
Neither City nor any of City's agents or contractors are or shall be
considered to be agents of University in connection with the performance
of City's rights and obligations under this Agreement.
G. Unless otherwise provided, all notices required herein shall be in
writing and delivered in person or sent by registered or certified mail,
postage prepaid, return receipt requested. Notices required to be given
to City shall be addressed as follows:
City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Notices required to be given to University shall be addressed as follows:
James R. Landreth
Vice President for Business Affairs
California Polytechnic State University
San Luis Obispo, CA 93407
Provided that either party may change its address by notice in writing to
the other party and thereafter notices shall be addressed and transmitted
to the new address. Mailed notices shall be deemed received forty - eight
(48) hours after deposit in the U.S. mail.
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H. This Agreement contains the entire Agreement between the parties
hereto relating to the unlimited use of SLO Transit by University and may
not be modified except.by instrument in writing signed by the parties
hereto.
I. This Agreement has been entered into and is to be performed in the
State of California and shall be construed and interpreted in accordance
with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date and year first above written.
ATTEST:
City Clerk Pamela oges
CITY OF SAN LUIS OBISPO
By
Mayor Ron Dunin
CALIFORNIA POLYTECHNIC STATE
UNIVERSITY AT SAN LUIS OBISPO
) James kr. Landreth
Vice President for Business Affairs ]
(Title)
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A
Amendment No. 1 to Interagency Agreement #85/037
AMENDMENT NO. 1 TO TRANSIT AGREEMENT
This Amendment No. 1 To Transit Agreement ( "Amendment ") is made and
entered into on this 15thday of July , 1986, by and between the CITY OF
SAN LUIS OBISPO, a chartered municipal corporation of the State of
California, hereinafter referred to as "City," and THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY, CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN
LUIS OBISPO, hereinafter referred to as "University;" jointly referred to
hereinafter as the "parties" agree that:
WHEREAS, on July 16, 1985, City and University entered into Interagency
Agreement #85/037 in order to provide a No Fare Program for Cal Poly
students, faculty and staff using SLO Transit September 15, 1985 through
June 14, 1986, and
WHEREAS, due to a heavy demand for transit service during the morning
peak period, the City and the University agree to provide additional service
at approximately 8:00 a.m. on Routes One and Four from November 1985 through
June 1986; and
WHEREAS, City and the University wish to continue and expand the time
period for said Program from June 15, 1986 through June 30, 1986; and
NOW these parties shall amend the Transit Agreement paragraphs A and B
as follows:
. O �
A. University shall pay to City the sum of Forty -Eight Thousand Seven
Hundred Eighty Dollars ($48,780), payable in a single lump sum payment on
or before September 15, 1985, for participation in said Program from
September 15, 1985, through and including June 14, 1986.
University shall pay to City the sum of One Thousand Seven Hundred
Ninety Nine Dollars ($1,799.00), payable in a single lump sum payment on
or before September 14, 1986, for additional morning peak bus service
provided on Routes One and Four, November 1985 through June 1986 and
participation in the No Fare Program June 15, 1986 through and including
June 30, 1986.
. B. In consideration of the payment described in Paragraph A. City
shall allow University students, faculty and staff unlimited use of SLO
Transit services during normal operating hours, and at existing levels of
service from September 15, 1985, through and including June 30, 1986,
provided that said students, faculty and staff shall show a current
University identification card to the driver of any SLO Transit bus before
boarding. City shall not be required to increase its service level above
that currently existing, nor to change routes, times, or schedules, or add
buses. City reserves the right to change existing routes, times, and
schedules as it deems best for the benefit of the entire SLO Transit
system. City shall not charge or exact any additional fee from University
students, faculty or staff for use of SLO Transit services.
-2-
Except as amended here, the Transit Agreement shall remain unchanged and
in full force and effect.
ATTEST:
' r
Ci y Clerk Pamel Voges
CITY OF SAN LUIS OBISPO
By
Mayor Ron Dunin
CALIFORNIA POLYTECHNIC STATE
UNIVERSITY AT SAN LUIS OBISPO
Vice President for Business Affairs ]
(Title)
-3-
1 V
RESOLUTION NO. 6027 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS.
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1376
(ISLAY HILL) LOCATED AT 1100 TANK FARM ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1376 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna - Islay.
2. The site is physically suited for the type and density of development proposed and
allowed in an R -1 -SP zone.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easements for access through or use of property within the proposed subdivision.
5. The Community Development Director has determined that the subdivision is consistent
with the adopted Edna -Islay Specific Plan, and that no further environmental study is
necessary.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1376 be
subject to the following conditions:
1. Multiple final maps may be filed. Recordation of any final map for Tract 1376 shall
not occur prior to acceptance of the Tank Farm Road right -of -way in phases 1 and 2 of
the Edna -Islay Specific Plan.
2. Subdivider shall construct all public improvements shown on the tentative map.
Subdivision improvements shall be consistent with standards in the Edna -Islay
Specific Plan.
3. New streets shall be named and shown on the final map, to the approval of the
Community Development Department and the Postal Service. Addresses shall be assigned
according to a plan prepared by the Community Development Department.
4. Final map and improvement plans shall note that if grading or other operations
unearth archeological resources, construction activities shall cease. The Community
Development Director shall be notified of the extent and location of discovered
materials so that they may be recorded by a qualified archeologist. Disposition of
artifacts shall comply with state and federal laws. Costs of any archeological work
shall be the subdivider's responsibility.
R 6027
o
Resolution No. 6027 (1986 Series)
Tract 1376 (Islay Hill)
Page 2
5. Solar easements shall be delineated on the final map for those lots with longer
dimensions oriented more than 30 degrees from a North -South line. Easements shall be
to the approval of the Community Development Director.
6. The subdivider shall establish covenants, conditions, and restrictions (CC &R's) for
the tract. These CC &R's shall be approved by the Community Development Department
and administered by the homeowner's association. The subdivider shall include the
following provisions in the CC &R's for the Tract:
a. Maintenance of storm water detention basin shall be by homeowner's association
in conformance with the Edna Islay Specific Plan.
b. There shall be no change in city - regulated provisions of the CC &R's without
prior approval of the Community Development Department. "
C. Front yard landscaping shall conform to a city- approved plant list.
Incentives, to the approval of the Community Development Director, shall be
provided to homeowners who complete landscaping within six months of
occupancy.
7. Subdivider must install street trees to city standards, to the approval of the Public
Works Department. Any street trees included in the park improvements must be
installed as initial subdivision improvements also.
8. Fire hydrants shall be provided as required by the city fire code and to the
satisfaction of the Fire Marshal. All hydrants shall provide 1500 gallons per minute
and be served by loop water lines consistent with the Edna -Islay Specific Plan.
9. All lots shall be graded in compliance with the Uniform Building Code and Grading
Ordinance.
10. Subdivider shall submit for Community Development Director approval a detailed
landscape improvement plan for the detention basin and the north side of Tank Farm
Road. Plan shall be prepared by licensed landscape architect; shall be consistent
with concepts and requirements of the Edna -Islay Specific Plan, and shall include
provisions needed to prevent erosion on the north side of Tank Farm Road.
Landscaping shall be installed to the approval of the Community Development Director.
IL The subdivider shall construct the following to the satisfaction of the City
Engineer:
a. Surface and subsurface drainage improvements on the site.
b. Detention basin.
12. Subdivider shall offer for dedication to the city and show on final map:
a. Access easements for maintenance of detention basin, to the approval of the
City Engineer. Access to the basin shall be paved to the satisfaction of the
City Engineer and Community Development Director.
o
Resolution No. 6027 (1986 Series)
Tract 1376
Page 3
b. Drainage easements, in accordance with the Specific Plan, to the satisfaction
of the City Engineer.
13. The subdivider shall submit a hydrology study and calculations for the design of the
proposed drainage facilities within the tract.
14. Subdivider shall submit a maintenance schedule to be fulfilled by the Homeowners'
Association for the detention basin, subject to approval by the City Engineer. The
maintenance schedule shall include periodic report to the city of the condition of
the detention basin for the life of the basin. The maintenance schedule and
reporting procedure shall be approved by the City Engineer.
15. Bike paths shall be shown on improvement plans, located as shown on the specific plan
map, to the approval of the Community Development Director.
16. Construction of the railroad underpass along Tank Farm Road shall be complete
concurrent with or prior to development of any other tract improvements. No buildings
may be constructed prior to the completion of the underpass.
17. The subdivider shall install street furniture and signs for transit systems, to the
satisfaction of the Community Development Department and Mass Transit Committee.
18. Final map shall note access rights to both sides of Tank Farm Road shall be dedicated
to the city by a 1 -foot no- access strip.
19. Subdivider shall construct the intersection of Tank Farm Road and Orcutt Road as part
of this subdivision. Design shall conform to standards set in the Edna -Islay
Specific Plan and shall be approved by the City Engineer, County Engineer, and
Community Development Director.
20. Subdivider shall submit to the Community Development Department a written agreement,
signed by an authorized representative of the Department of Fish and Game,
specifically allowing the work in the creek and stating the limitations imposed upon
this work.
Work shall be limited to rehabilitation and stabilization of active erosion areas,
channel improvements for site drainage regulations and control and installation of
utility crossings required to complete the Final Map improvements. This work shall
employ, to the extent possible, native rocks and materials which will provide a
channel similar to the natural existing one.
21. Subdivider shall submit a revised landscape improvement plan to the Community
Development Department for review and approval. This landscape plan shall show the
bike /pedestrian path relocated as shown on the Edna -Islay Specific Plan map, shall
include typical creek sections for the creek improvement areas and the creek
preservation areas to the satisfaction of the Community Development Director.
Resolution No. 6027 (1986 Series)
Tract 1376
Page 4
22. Subdivider shall pay park -in -lieu fees in accordance with the subdivision regulations
or dedicate land for a park, as designated on the specific plan land use map.
23. Landscaping and fencing in the creek setback areas shall be shown on the subdivision
improvement plans.
24. The Tank Farm Road crossing of the south branch of Acacia Creek shall be designed to
minimize creek disruption to the approval of the Community Development Director and
the City Engineer. That design shall include the concerns of the Department of Fish
and Game. Plans shall be part of Tank Farm Road improvements and improvements for
Islay hill phase 3 final map.
25. The subdivider shall submit a financing plan for the development of the park that
splits the financial responsibility among the subdivider, the individual lot owners,
and the city. The plan shall be submitted prior to final map approval, to the
approval of the Community Development Director. Park improvements shall be
implemented in stages, as required by the specific plan. If the park is dedicated in
this phase, then a bond for the subdivider's portion of the improvements shall be
posted prior to the approval of the final map for Tract 1376 to the approval of the
Community Development Director.
26. The subdivider shall offer for dedication and show on the final map creek improvement
and preservation areas included in the development plans of this subdivision.
27. The final map shall note that all buildings located beyond the four - minute response
line, as determined by the Fire Department, must contain on -site fire mitigation
measures, to the approval of the Fire Department.
28. Subdivider shall provide plans and bond for the installation of a 12" diameter water
main extending from Bullock Lane to the proposed extension of Tank Farm Road or an
alternative line approved by the city's Utilities Engineer. This water main shall be
installed prior to development of phase 4 of the Edna -Islay Specific Plan, or when 386
units have been constructed within the Edna -Islay Specific Plan area, whichever comes
first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04
of the Municipal Code. Acquisition costs for off -site easements shall be the
responsibility of the subdivider. City may exercise its power of eminent domain as
required to expedite acquisition of necessary easements. Subdivider shall be
responsible for preparation of. legal work and costs of any litigation.
29. Subdivider shall construct an all- weather access road to all sewer line manholes not
located within dedicated roads, to the satisfaction of the Public Works Department: An
access easement to all such sewer lines shall be granted to the city and shown on the
final map, to the satisfaction of the City Engineer.
30. Subdivider shall submit to the Community Development Department a noise analysis,
prepared by a registered acoustical engineer, that analyzes the effects of noise from
Tank Farm Road on the adjacent residential lots. The report shall include
recommendations for noise mitigation :: :,tThese.rmeasures shall:.be,; incorporated
into�the.project where necessary.'
Resolution No. 6027 (1986 Series)
Tract 1376
Page 5
Noise or visual buffers constructed along Tank Farm Road shall be to the approval of
the Architectural Review Commission.
Councilman Settle Councilwoman Rappa
On motion of seconded by
and on the following roll call vote:
AYES: Councilpersons Settle, Rappa, Dove:y, Griffin, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of July
1986.
Mao —
ATT
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City Clerk
City At rney
Community Toy elopment Director
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