HomeMy WebLinkAbout6053-6074RESOLUTION NO. 6074 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
MUSIC AND THE ARTS FOR YOUTH (M.A.Y.)
FOR CITY TO PAY ASSOCIATION $2,625.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 Music and the Arts for Youth (M.A.Y.) 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: M.A.Y.; City
Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
YOR 1',ON DUNIN
ATTEST:
CITY C ERK PAMELA VO S
Approved:
Z0- &��=
City Administrati Offi r
City
Finance Direc
R 6074.
A_G R E E_M E_N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1986 -87
MUSIC AND THE ARTS FOR YOUTH (M.A.Y.)
This agreement is made and entered into this sixteenth of September
2986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "), and MUSIC AND THE ARTS FOR
YOUTH (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to conduct
its program; and
WHEREAS, City has appropriated Two Thousand Six Hundred Twenty Five
Dollars ($2,625) in the 1986 -87 budget for the purpose of assisting
Association in its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Two Thousand Six
Hundred Twenty Five Dollars ($2,625.00) to be expended for advertising
purposes only.
2. On or before April 14, 1987. Association will provide City with a
detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1987.
3. Association further agrees that monies paid to it pursuant to the
terms of this agreement shall not be used to fund donations, contribu-
tions. or scholarships to any other organization or individual.
4. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City.. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
the City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
66 99
1r !1
5. Association further agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
6. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
Association: Music and the Arts for Youth
523 Higuera Street
San Luis. Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
MUSIC AND THE ARTS FOR YOUTH
CITY:
CITY OF SAN LUIS OBISPO
By: \ By ',0i00
Name: cJ Z S Rom n —
Title: % lh--S'__ Mayor
ATTEST
By:
Name: _ _ Pam la Voges
Title: Cit Clerk
2
RESOLUTION NO. 6073 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
KCBX, INC.
FOR CITY TO PAY ASSOCIATION $3,000.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 KCBX, Inc. 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: KCBX, Inc.: City
Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
YOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VO 6S
Approved:
�Q
City AdRinistr tiveCity 0�r
City Atorney
Finance Directo
R 6073
A.-G. R E E M F. N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL ARTISTIC OR EDUCATIONAI, ORGANIZATIONS FOR
FISCAL YEAR 1986 -87
KCBX, INC.
This agreement is made and entered into this sixteenth of September
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "), and KCBX. INC. (referred to
herein as "Association "').
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS. Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo: and
WHEREAS. Association has requested City to grant: it funds to conduct
its program; and
WHEREAS, City has appropriated Three Thousand Dollars ($3,000) in the
1986 -87 budget for the purpose.of assisting Association in its endeavors:
NOW THEREFORE:
1. City agrees to pay Association the sum of Three Thousand Dollars
($3,000) to be expended for advertising purposes only.
2. On or before April 14, 1986. Association will provide City with a
detailed statement of its income and expenses for the previous twelve -
month period ending March 31. 1987.
3. Association further agrees that monies paid to it pursuant to the
terms of this agreement shall not be used to fund donations, contribu-
tions. or scholarships to any other organization or individual.
4. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
Page 1
E �� � A
the City including. without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
5. Association further agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) ror 1987 Arts Calendar.
6. For, purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
Association: KCBX, Inc.
4100 Vachell Lane
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
KCBX, INC.
CITY:
CITY OF SAN LUIS OBISPO
l
Name: CRon
Title: /'e5i 1,2 at r • Mayor
By:
Name:__
Title:
Page 2
ATTEST:
Pam la Voges
City Clerk
RESOLUTION NO. 6072 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
FRIENDSHIP SCHOOL, INC.
FOR CITY TO PAY ASSOCIATION $1,100.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 Friendship School, Inc., 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: Friendship
School, Inc.: City Finance Director.
On motion Of Councilman Settle , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembeis Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
MAYOR RON DUNIN
ATTEST:
2'k - b1c
CITY C ERK PAMELA VOGIF
* x * * s t * # * s
Approved:
4 QAx-0' A5
City AdministratA ve 10ffic r
City
Finance Di
R 6072
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL., ARTISTIC OR EDUCATIONAI, ORGANL7.ATIONS FOR
FISCAL: YEAR 1986 -87
FRIENDSHIP SCHOOL. INC.
This agreement is made and entered into this sixteenth of September
1986, by and between the CITY OF SAN LUIS OBISPO. a chartered municipal
corporation (referred to herein as "City "), and FRIENDSHIP SCHOOL. INC.
(referred to herein as "Association").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists: and
WHEREAS. Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo: and
WHEREAS, Association has requested City to grant it funds to conduct
its program; and
WHEREAS.-City has appropriated One Thousand, One Hundred Dollars
($1.100.00) in the 1986 -87 Budget for the purpose of assisting Association
in its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of One Thousand, One
Hundred Dollars ($1,100.00) to be expended for promotional purposes only.
2. On or before April 14, 1986, Association will provide City with a
detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1986.
3. Association further agrees that monies paid to it pursuant to the
terms of this agreement shall not be used to fund donations, contribu-
tions, or scholarships to any other organization or individual..
4. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
Page 1
1ANT
I
the City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
5. Association further, agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
6. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
Association: Friendship School, Inc.
P. 0. Box 1451
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
FRIENDSHIP SCHOOL. INC.
By: 7�ak�
Name: _
Title: ✓ N —�—
By:
Name:
Title:
Page 2
CITY:
CITY OF SAN LUIS OBISPO
By:
C C — .s
Dunin
Mayor
ATTEST:
42. -
v
Pam la Voges
City Clerk
RESOLUTION NO. 6071 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
E.O.C. - CHILD CARE RESOURCE CENTER
FOR CITY TO PAY ASSOCIATION $3,500.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 E.O.C. - Child Care Resource Center 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: E.O.C. - Child
Care Resource Center; City Finance Director.
On motion of Coundilman Settle , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
MAYOR RON DUNIN
ATTEST:
'� " ,/ / -ff. dL
CITY CLERK PAMELA OGES
* * * * * * * * * *
Approved:
jra,A., e a. 2n: ?�
City AdjginistraJ Offic r
City
Finance Di
R 6.071
A G R E_E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORCANrZATTONS FOR
FISCAL YEAR 1986 -87
E.O.C. - CHILD CARE RESOURCE CENTER
This agreement is made and entered into this sixteenth of September,
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "). and E.O.C. - CHILD CARE
RESOURCE CENTER (referred to.herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds.to conduct
its program; and
WHEREAS, City has appropriated Three Thousand Five Hundred Dollars
($3,500) in the 1986 -87 budget for the purpose of assisting Association in
its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Three Thousand Five
Hundred Dollars ($3,500) to be expended for advertising purposes only.
2 -. On or before April 14, 1987, Association will provide City with a
detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1987.
3. Association further agrees that monies paid to it pursuant to the
terms of this agreement shall not be used to fund donations, contribu-
tions, or scholarships to any other organization or individual.
4. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
Page 1
the City including, without limitation, all actions and claims based upon
contract, tort. or statutory provisions.
5. Association further agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
6. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
Association: E- .O.C.. - Child Care Resource
Center
1076 Pacific Street
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
ECONOMIC OPPORTUNITY COMMISSION
By
Na 6TH Sc-ErA18 --
Title: . ExE _ D(i@6C-iTr1Z
By _
Na J oe+N Ku orasA-+e
Title: f= inr Ce rC�ctc
CITY:
CITY OF SAN LUIS OBISPO
Page 2
By: a.,
Ron Dunin
Mayor
ATTEST:
Pamela Voges
City Clerk
`J
RESOLUTION NO. 6070 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
CUESTA COLLEGE FOUNDATION, INC. FOR CUESTA COLLEGE COMMUNITY SERVICES
FOR CITY TO PAY ASSOCIATION $2,500.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 Cuesta College Foundation, Inc. for Cuesta College Community
Services 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: Cuesta College;
City Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembers Settle; Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
MAYOR RON DUNIN
ATTEST:
ps..� be A
CITY &LERK PAMELA VOYES
* * * s * x s a
Approved:
City�s�trative ff
City Atorney
Finance Director
R 6070
A G.R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1986 -87
CUESTA COLLEGE FOUNDATION, INC.
FOR CUESTA COLLEGE COMMUNITY SERVICES
This agreement is made and entered into this sixteenth of September
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "), and CUESTA COLLEGE FOUNDATION,
INC., FOR CUESTA COLLEGE COMMUNITY SERVICES (referred to herein as
"Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to conduct
its program; and
WHEREAS, City has appropriated Two Thousand Five Hundred Dollars
($2,500.00) in the 1986 -87 budget for the purpose of assisting Association
in its.endeavors;
NOW THEREFORE:
1.. City agrees to pay Association the sum of Two Thousand Five
Hundred Dollars ($2,500.00) to be expended for advertising and promotional
purposes associated with the 1986 -87 series of lectures known as the
"Cuesta Forum" and the Senior Day activities.
2. On or before April 14, 1987, Association will provide City with a
detailed statement of its income and expenses for the previous . twelve-
month period ending March 31, 1987.
3. Association further agrees that monies paid to it pursuant to the
terms of this agreement shall not be used to fund donations, contribu-
tions, or scholarships.to any other organization or individual.
4. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
Page 1
C
the City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
5. Association further agrees to contact the San -Lois Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
6. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
Association: Cuesta College Foundation, Inc.
for Cuesta College. Community
Services
P.O. Box 8106
San Luis Obispo, CA 93403
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
Cuesta College Foundation, Inc. for
CUESTA COLLEGE COMMUNITY SERVICES
Name: Rarhnra H George 61
Title: Executive Director
College Development and
Community Services
By:
Name:
Title:
CITY:
CITY OF SAN LUIS OBISPO
Page 2
By:
on unin
Mayor
city uierK
RESOLUTION NO. 6069 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO CRITERIUM
FOR CITY TO PAY ASSOCIATION $1,000.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 San Luis Obispo Criterium 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: San Luis Obispo
Criterium; City Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
MAYOR RON DUNIN
ATTEST-
CITY CLERK PAMELA_ VO S
Approv d:
a: Q
City A)ninistra ve ffice
City )P�ttorney //
Finance D
R 6069
��7)
A_G R E E M E N_T
J
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1986 -87
SAN LUIS OBISPO CRITERIUM
This agreement is made and entered into this sixteenth of September
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "). and SAN LUIS OBISPO CRITERIUM
(referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic., and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS. Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo: and
WHEREAS, Association has requested City to grant it funds to conduct
its program: and
WHEREAS, City has appropriated One Thousand Dollars (51.000) in the
1986 -87 budget for the purpose of assisting Association in its endeavors:
NOW THEREFORE:
1. City agrees to pay Association the sum of� One Thousand Dollars
(S1.000) to be expended for advertising purposes only.
2. On or before April 14, 1987, Association will provide City with a
detailed statement of its income and expenses for the previous twelve-
month period ending March 31. 1987.
3. Association further agrees that monies paid to is pursuant to the
terms of this agreement shall not be used to fund donations,
contributions. or scholarships to any other organization or individual.
4. Association and all of its agents, representatives. and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees, independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or- hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an emplovee or agent of
the City including, wit:nuut limitation. all an ions and (_]aims bas`1 upon
contract. tort, or statutory provisions.
5. Association further agrees to contact tilt! San Luis Obispo County
Arts Council and identify date of event(s) for 198% Arts Calendar.
L%
6. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo. CA 93403
Association: San Luis Obispo Criterium
P.O. Box 13642
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAN LUIS OBISPO CRITERIUM
CITY:
CITY OF SAN LUIS OBISPO
By By:
Ron Dunin
Title:ACE— iq�'�_���, CF� Q1,V, -,f/y Mayor
By:
Name:
Title _
2
ATTEST:
Pamela Voges
City Clerk
O O
RESOLUTION NO. 6068 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
CENTRAL COAST CHILDREN'S THEATRE, INC.
FOR CITY TO PAY ASSOCIATION $2,500.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 Central Coast Children's Theatre, Inc. 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: Central Coast
Children's Theatre, Inc.; City Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa , and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
AT.TES .
CITJ CLERK PAMELA V E
Approved:
City Administrative bfficev
City
, Finance Director
.�.-
A G R_E E M .E N_T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1986 -87
CENTRAL COAST CHILDREN'S THEATRE, INC.
- This agreement is made and entered into this sixteenth of September
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "), and the CENTRAL COAST
CHILDREN'S THEATRE, INC. (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to conduct
its program; and
WHEREAS, City has appropriated Two Thousand Five Hundred Dollars
($2,500) in the 1986 -87 budget for the purpose of assisting Association in
its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Two Thousand Five
Hundred Dollars ($2,500) to be expended for advertising purposes only.
2. On or before April 14, 1987, Association will provide City with a
detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1987.
3. Association and all of its agents, representatives, and partici-
pants in any manner in the performance of Association's obligations and
duties hereunder shall be employees., independent contractors, or volun-
teers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon an allegation that any person acting on
behalf of Association or the Association itself is an employee or agent of
the City including, without limitation, all actions and claims based upon
Contract, tort, or statutory provisions.
4. Association further agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
�R °`� ��!�� 869➢
r
5. For purpose of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo. CA 93403 -8100
Association: ARTernatives: A Visual Arts
Forum
P.O. Box 14603
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized. as of the date first written
above.
ASSOCIATION:
ARTERNATIV S: A VISUAL ARTS FORUM
By:
CITY:
CITY OF SAN LUIS OBISPO
By:
Ron Dunin, Mayor
ATTES .
(/[.00e%
Pame a Voges. City erk
RESOLUTION NO. 6067 (1986 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
ARTERNATIVES: A VISUAL ART FORUM
FOR CITY TO PAY ASSOCIATION $500.00
TO BE EXPENDED FOR FISCAL YEAR 1986 -87
BE IT RESOLVED by the San Luis Obispo City Council 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 Arternatives: A Visual Art Forum 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: Arternatives: A
Visual Art Forum; City Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this sixteenth day of
September, 1986.
ATTEST:
,2-- � 'L -), A.
CITj CLERK PAMELA GES
Approved:
O �. 0
Ci y Ac�ninistr ive ffi er
City Attorney
Finance D
4VRON DUNIN
R 6067
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL. ARTISTIC OR EDUCATIONAL ORGANIZATIONS
FOR FISCAL YEAR 1986 -87
ARTERNATIVES': A VISUAL ARTS FORUM
This agreement is made and entered into this sixteenth day of September
1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "), and ARTERNATIVES: A VISUAL
ARTS FORUM (referred to herein as "Association):
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents for the promotion of the City as an inviting place for visitors
and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS. Association has requested City to grant it funds to conduct
its program; and;
WHEREAS, City has appropriated Five Hundred Dollars ($500) in the
1986 -87 budget for the purpose of assisting Association in its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Five Hundred Dollars
($500) to be expended for the avertising, purposes only.
2. On or before October 1. 1987, Association will provide City with
a detailed statement of its income and expenses for the previous twelve -
month period ending September 1, 1987.
3. Association and all of its agents, representatives, and
participants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors or
volunteers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon allegation that any person acting on behalf
of Association or the Association itself is an employee or agent of the
City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
4. Association further agrees to contact the San Luis Obispo County
Arts Council and identify date of event(s) for 1987 Arts Calendar.
WC.
C
5. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
Association: Central Coast Children's Theatre. Inc
P.O.. Box 925
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
CENTRAL COAST CHILDREN'S THEATRE, INC
By:
N a m e j fro 7
Title:
By: _
Name:
Title:
2
CITY:.
CITY OF SAN LUIS OBISPO
By:.d�.
on Dun_in
Mayor
ATTEST:
Pam la Voges
City Clerk
follows:
RESOLUTION NO. 6066 (1986 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADOPTING AN ADDENDUM TO THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO POLICE
OFFICERS ASSOCIATION.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
Section 1. The Addendum to the Memorandum of Agreement between
the City of San Luis Obispo and the San Luis Obispo Police Officers
Association, attached hereto as Exhibit "A" and incorporated herein by
this reference, is hereby adopted and ratified.
Section 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed addendum to: Glenn Jordan,
President of the San Luis Obispo Police Officers Association; Ann Crossey,
Personnel Director,; Roberta Goddard, Finance Director; Don Englert, Chief
of Police.
On motion of Councilman Settle , Seconded by Councilwoman Rappaand
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Playor Dunin
NOES: None
ABSENT: None
the forgoing resolution was passed and adopted this 16th day of
September, 1986.
R 6066
I
Resolution No. 6066
ATTEST:
— Z,-- . Z - (le,.,-S
Ci y Clerk, Pame 18 Voges
APPROVED:
�CAdR.I'_ (dC
City Administrative fice
a,o� a
Personnel Director
(1986 Series)
4eO� ----------
Mayor on Dunin
A
ADDENDUM TO THE
1985 -88 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
PREAMBLE
The Association, in an effort to improve scheduling of time off for
sworn employees, has requested the implementation of a 3/12 work hour
plan. The City has agreed to use this plan on a trial basis. The test
period will last up to eight months.
The City has the right to terminate the use of the 3/12 work plan
and reassign employees to the 5/8 work week at any time during the test
period if the City believes the 3/12 is too costly, too cumbersome, or
unacceptably reduces the level of service provided to the community,
The Association has the right to terminate the use of the 3/12 work
plan, if the plan as implemented becomes unacceptable. The addendum shall
terminate on the last day of the 28 -day cycle following a 30 -day written
notice from the Association to the City.
After the test period, the parties will evaluate the results of the
plan. Such evaluation period shall last at least three months. Both
parties will evaluate. the results of the test, but the final determination
as to whether or not the plan is used after the evaluation period shall be
made by the City. If, on the basis of the analysis of the test, the City
determines it may reimplement a 3/12 work plan, prior to making a final
determination the City shall first meet and confer with the Association
about the specifics of such 3/12 work plan and any revisions to the
Memorandum of Agreement needed to implement such a plan.
It is further understood and agreed that all employees in the
department recognize and accept their responsibility to make the 3/12 plan
work. In this spirit, the employees will cooperate in making themselves
1
C�
C
available for and respond to all requests or orders concerning shift
adjustments, utilization of pay back days, subpoenas, training, or
emergency call backs made by management during the test period as is
necessary to effectuate this agreement..
EFFECT OF THIS ADDENDUM
The 1985 -88 Agreement shall remain in full force and effect except
as specifically modified below. The modifications below shall terminate
on the last date of the effectiveness of this Addendum or any earlier date
upon which the City or the Association decides to terminate the test
period and all the provisions of the 1985 -88 Agreement shall once again
become fully operative.
TERM OF TEST PERIOD
The test period shall commence prior to December, '_;36,
and shall fully terminate eight months from date of commencement.
WORK HOURS (ALL NEW)
-- -- The hasic:_work. pat tern _for_.sworn.- off i.cers. on patrol _shall be _three _
12 hour days each week, plus assigned pay back. Employees will normally
be assigned to work 160 hours in a 28 -day work cycle. In addition,
employees who attend shall be compensated for briefing time.
If an employee does not work the full 160 hours in a 28 -day work
cycle, the City shall deduct the unworked hours from an employee's accrued
holiday or vacation balances, unless the unworked hours result for reasons
of excused paid absence or because the City did not assign a pay back
shif t.
During the test period, the City shall have complete flexibility to
change work hours. The City's intent, however, is to give reasonable
prior notice whenever possible.
2
OVERTIME -- SWORN (NO CHANGE EXCEPT FOR:)
8.3 All hours worked through the first 165 hours in the employee's
28 -day work period shall be paid in cash at the employee's straight
time base hourly rate. All hours worked above 165 in the employee's
28 -day work period shall be paid in cash at time and one half the
employee's regular rate of pay.
GUARANTEED MINIMUMS FOR RETURNING TO WORK
(REPLACE CURRENT WITH:)
Whenever an employee is required by the department to return to work
outside of the employee's normal work hours, if a minimum applies as found
in this article, then the employee shall receive the minimum or pay for
the work actually performed, whichever is larger, The City shall have the
option of paying the minimum in cash or as an adjustment to the employee's
work shift if the work shift commences within twelve (12) hours of the
scheduled return to work.
- - - - - -- 1.1.1 — SCHEDULED RETURN TO WORK_. -
Court Time
(a) Employees reporting for court duty shall be guaranteed two
hours minimum payment at straight time.
(b) Two or more court cases occurring within the minimum time
period shall be subject to a single minimum payment.
Training
Employees called back for training sessions authorized by the
Chief of Police or the Watch Commander shall be guaranteed
two -hour minimum payment at straight time.
Range Qualification
(a) Sworn personnel below.the rank of Captain shall be
guaranteed two hours at straight time when participating
M
in range 'qualification training when off duty.
(b) Each sworn employee who shoots for qualification shall be
provided 100 rounds of practice ammunition during that
month.
11.2 NON- SCHEDULED RETURN TO WORK
Call Back
Employees called back to work at other than their normally
scheduled shift shall be guaranteed two -hour minimum payment at
time - and - one - half.
STANDBY -(NO CHANGE EXCEPT FOR:)
13.2 COMPENSATION
Non - investigator
(a) Sworn personnel below the rank of Lieutenant, placed on
standby, shall be compensated one hour's pay for each five
hours standby.
-- -------------- ( -b) -- -For any- _ca.lendar .day- -AN.Y_ part -of -which an employee is scheduled_ - - -__-
to work, the employee shall receive no minimum pay for
standby. For any calendar day NO part of which an employee is
scheduled to work, the employee shall receive a minimum of
three hours of pay at straight time rate for standby.
Investigator
No change.
HOLIDAYS, VACATION, SICK LEAVE
Each of the above shall continue to accrue as provided in the
current Agreement, except that, where the accrual. or use is stated in
days, such accrual or use shall be converted to hours by using eight (8)
hours for each day provided. When an employee takes time off from any one
of these benefits, for each hour taken off one hour shall be subtracted
4
from the employee's accrued balance.
BEREAVEMENT LEAVE
No change except the time off shall not exceed 40 working hours per
incident.
CITY OF SAN LUIS OBISPO
Ann Crossey Da
Personnel Director
Don Englert Date
Chief of Poli e
5
SAN LUIS OBISPO
POLICE OFFICERS ASSOCIATION
Gle Jo= n Date
President SL OA
Teiry Umpbell to
Vice President SLOPOA
s
i
Y
r
RESOLUTION NO.6065(1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP FOR TRACT 1213
1185 Foothill (Pinecreek Development Co. Ltd., Developer)
WHEREAS, the City Council made certain findings concerning Tract 1213
as contained in Resolution No. 5527-(1984 Series), and
WHEREAS, all conditions required per Resolution No. .5523 (1984 Series)
have been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1213.
On motion of Councilman Settle
and on the following roll call vote:
, seconded by Councilwoman Rappa
AYES: Councilmembers Settle, Rappa, Dovey., Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of
September 1986.
ATTEST:
CI Y CLERK $AME VOGES
i
R 6065
Resolution No. 6065 (1986 Series)
Page Two.
APPROVED:
City Administrative bffi6er
4V4-- -�7
City orney
///,�Oi« ,
Community Development Director
City Engineer
jk3 /t1213fin
by
l
z
RESOLUTION N0: 5527 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1213
(PINE CREEK CONDOMINIUMS) LOCATED AT 1185 FOOTHILL. BOULEVARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as
t
follows:
SECTION 1. Findings. That this council, after consideration of the
tentative map of Tract 1213 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 environmental 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- of environmental
impact.
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1213 be subject to the - following conditions:
Resolution No.
Tract 1213
Page 2
G�
5527 (1984 Series)
1 The common open space identified as a recreation area on the plans
submitted for architectural review shall be developed in conformance
with finally approved architectural plans prior to occupancy.
2. Final asap shall be filed and recorded showing a one-lot, air -space
condominium subdivision with one phase of development.
3. All units shall be numbered and addressed as per a plan approved by
the Community Development.Department.
4. Subdivider shall install address identification and directory signing
clearly visible from the street at the driveway entrance, to the
approval of the Community Development Director.
5. Subdivider shall install on -site fire hydrant to the approval of the
Fire Department.
6. All private driveways shall be improved to a minimum of T.I. of 4 as.
approved by the Building Division.
7. Final map shall note entire condominium site is a public utility
easement, except areas under buildings.
8. Subdivider shall install individually metered water service to each
dwelling, to the approval of the City Engineer and the Building
Division.
9. Subdivider shall relocate the existing sewer line.and shall dedicate
an easement for it, to the approval of the Public Works Department.
All other sewer lines on -site shall be private and shall be maintained
by the homeowner's association.
10. Water mains shall be public. Subdivider shall make a good -faith
effort to negotiate an easement for connection of a looped water
system to property to the southwest.
11. Subdivider shall pay water and sewer charges as determined by the.City
Engineer prior to final map approval. (Reimbursement for a share of
the cost of the Santa Rosa Park sewer bypass as determined by the City
Engineer is required.)
12. Subdivider shall pay park in -lieu fees as required by the subdivision
regulations.
13. Subdivider shall soundproof the interior of the dwelling to 45 dB,
consistent with the general plan Noise Element.
C C
Resolution No. 5527 (1984 Series)
Tract 1213
Page 3
14. A seven foot high concrete block wall shall be installed along the
railroad boundary of the subdivision, in accordance with plans
approved by the Architectural Review Commission.
15. A wall height exception is hereby granted to permit the seven foot
high noise wall along the railroad.
16. Grading and paving plans shall accommodate trees to remain and
subdivider shall post bond, to the approval of the Community
Development Department,
17. Covenants, conditions and restrictions shall be approved by the City
Attorney and the Community Development Director prior.to final map
approval and shall include the following provisions:
A. Creation of a homeowner's association to enforce the CC&R's and
to provide for perpetual, professional management and
maintenance of all common areas including utilities,
landscaping, driveways, lighting, walls, fences, and building
exteriors in good condition.
B. Grant to the city the right to maintain cmmon area and
building exteriors if the homeowner's association fails to
perform, and to assess the homeowner's association for expenses
incurred.
C. No parking except in approved, designated spaces.
D. Grant to the city the right to tow away vehicles on a canplaint
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, motorhames, 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 oC &R's without
prior City Council approval.
I. Homeowner's association shall file with the City Clerk the
names and addresses of all officers of the homeowner's
association within 15 days of any change in officers of the
association.
C• C
Resolution NO. 5527 (1984 Series)
Tract 1213
Page 4
18. Subdivider shall install I grease and oil trap where collected parking
lot drainage approaches the creek and shall install sign concerning
creek pollution, to the approval of the Community Development
Departmient.
19. All on -site driveways, parking, and non - structural improvements and
utilities shall be installed as subdivision improvements.
20. Prior to issuance of construction permits, applicant shall submit a
report by a qualified chemist or engineer, to the approval of the Fire
Chief, concerning hydrocarbon and heavy -metal contamination of
soils and presence of underground voids, tanks, or pipes. The report
shall include recommended measures to make the site safe for
construction activity and residential use, including plant growth.
Applicant shall carry out the recommended measures, to the approval of
the Fire Chief, prior,.to release.of..the project for - occupancy:
21. Four parking spaces shall be designated and maintained for visitor
parking only, to the approval of the Community Development Department.
22. Applicant shall install automatic fire sprinklers in all buildings, to
the approval of the Fire Department.
on motion of Councilman •Griffin , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: councilmembers Griff -in, Diming Dovey and Settle
NOES: Mayor Billig
ABSENT: None
the foregoing resolution was passed and adopted this 13th day of November
1984.
S' Ut6l Ue Nom"
Fi na"ce
Fd o,
°Rome'ly r% T
• O
ffe,.OF?,O)yd
G
A G R t E M E N T
THIS AGREEMENT dated this 16th day of September,1986by and
between Pinecreek Development Co., Ltd., A General Partnership, 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 1213, City of San Luis Obispo, California, as approved by the City
Council, on the 16th day of September 1986 .
VHEREAS,the Subdivider desires that said Tract 1213 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 sever 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
twelve (12) 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 will obtain an easement for connection of the water main
from the owners of the property to the southwest.
2. The Subdivider shall pay a park -in -Lieu fee of $47;-48a. -00.
3. The Subdivider shall pay a sewer fee of $3.718.80 (reimburse Mustang
Village Developers) and water fees of $5,963.00. (Paid July 17, 1985).
4. The Subdivider shall deposit a monumentation bond of $150.00 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.
- 5. -The Subdivider - shall- improve the (common) driveways: parking and other
improvements per the approved plans as subdivision improvements.
6. The Subdivider shall take appropriate precautions to preserve and minimize
adverse construction impacts on the existing large trees to remain and post
bond for same per condition 16 and to the approval of the Community
Development Department. ($16,000.00 posted July 11, 1985)
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, (instrument of
credit1bond) 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 $9,500.00 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 the In accordance with
Sections 6649.9.7 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 value of the-total public improvements (10% of
$45,000 = $4,500), 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. (50% of $45,000 = $22,500)
Said Subdivider has deposited with the City ti.e sum of $1,250.00 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 $1,250.00, .
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
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
VMXQR--��N
ATTES
Cf-T CLERK PAMELA G S
t Oj
Approved as to for
I:or
City AtX rney-- -
City Engineer
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IDER
State of Cali-rol'ffia
County of Los Angeles
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a Notary Public in & for said State,
personally appeared
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RESOLUTION N0. 6064 (1986 Senie6 )
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
FIRE CAPTAIN PATRICK DEMPSEY FOR HIS LONG AND
DEDICATED SERVICE TO THE CITY AND -ITS CITIZENS
WHEREAS, PatAi.ek Demp6ey ha6 had a .Gong and diztingui,6hed ean.eeA with the San
Lu.iv Obiapo Fi/Le Department, totaling 29 yewLz, .having 6tanted in Juty, 1957; and
WHEREAS, Pat'6 woxk habet,6, appti.eation and toyaP,ty to the City ha6 been an
in.6pi&aii.on to many empeoyees who have woxked with him and Son him; and
WHEREAS, Pat ha6 dedicated untold houu to the citi.zen6 o6 the community in his
,%upon6a to need6 o5 the City; and
WHEREAS, Pat has made an indet ibZe. math on the community, and Fi, e Department;
and
WHEREAS, ti.ves and amount og property that Pat ha6 6aved in hds 29 yeau o6
6e/Lv.Lee iz immea,6unab.ee.
NOW, THEREFORE, BE IT RESOLVED that thi. City Councie wu6hes to expne66 .i,
gnuti tude and apprec,cati.on to F.ilLe Captain PatAiclz Demp6ey bon the 6envice he ha6
peAbormed and the contribution he has made to the community theze many yeau
On motion ob Councitman Settee, 6econded by CounciQUioman Rappa, and on the i
bottowing rott cafe .vote:
AYES: Councibnembeu Settee, Rappa, Dovey, Gn i.b6.i.n. and Mayor. Duni.n
NOES: None
ABSENT: None
the bonego.ing nesotuti.on wa6 paced ' and adopted this 16th day o6 September, 1986.
Resolution No. 6063 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE SUBMITTAL OF A LOAN APPLICA-
TION, THE EXECUTION OF A STANDARD AGREEMENT AND ANY
AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECES-
SARY TO PARTICIPATE IN THE MOBILE HOMEPARK ASSISTANCE
PROGRAM AND SECURE A COMMITMENT OF FUNDS FROM THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.
WHEREAS, the City of San Luis Obispo is eligible to receive a
commitment of funds and participate in the Mobile Home Park
Assistance Program (hereinafter referred to as "MPAP"); and
WHEREAS, the California Department of Housing and Community
Development (hereinafter referred to as the "Department ") is
authorized to make loans for the purpose of financing mobile home
park conversionion costs and to reduce the monthly housing costs for
low- income residents to an affordable level; and
WHEREAS, the City of San Luis Obispo wishes to obtain from the
Department, a commitment of funds for the purpose of financing the
monthly housing costs for low- income residents to an affordable
level; and
NOW, BE IT RESOLVED, by the Council of the City of San Luis
Obispo, as follows:
SECTION 1. The city, as a co- application with Chumash Mobile
Home Village Residents Association, shall submit to the Department an
application for participation in MPAP and to request a commitment of
funds for a mobile home park conversion project located at 3057 South
Higuera Street.
SECTION 2. If the application is approved, the City is hereby
authorized to enter into a standard agreement with the Department for
R 6063
C� O
the purposes set forth in the loan application and approved by the
Department. It also may enter into other instrumetns necessary or
required by the Department for participation in MPAP.
SECTION 3. The City, is further authorized to request
amendments, including increases in fund commitments up to amounts
approved by the Department and to execute any and all documents
required by the Department to evidence and secure these amendments:
SECTION 4. The City Council authorizes the Mayor to execute in
the name of the City of San Luis Obispo, the loan application, the
standard agreement, and other documents necessary or required by the
Department for the participation in MPAP, and any amendments thereto.
SECTION 5. At some future date, the San Luis Obispo Housing
Authority may be asked to explore possible participation in the
conversion assistance program including assumption of the
responsibilities of the local entity, if an agreement for such
changes is approved by the department.
On motion of Councilman Settle , seconded
by Councilwoman Rappa , and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin
NOES: None
ABSENT: Councilwoman Dovey
The foregoing resolution was passed and adopted this 2nd day of
September, 1986.
I ES
Cit 4Clerkela oges
Mayor Ron Dunin
APPROVED
City Administrative Officer
City Att hey
Community Development Director
�C- l�h�'i - ���ou�v�o �
�i /-� d '�
��r��ce
�l
EXHIBIT B
LOCAL.PUBLIC ENTITY COMMITMENT OF RESPONSIBILITY
Project Name: Chumash Village Mobilehome Park
Location: 3057 South Higuera Street., San
I� Ron Dunin , Mayor , the official designated
name (title) _
by the governing body, for the cit of san Luis bi hereby certify that
-- (local public entity)
if approved by the Department for a MPAP loan commitment, the
Luis Obispo assumes the responsibilities specifed in
(local pub is entity)
Section 8018(c) of the Mobilehome Park Assistance Program regulations and
certifies to the following:
(1) that the project proposed in
determined to be, or will be
zoning and land use policies
body;
(2) that the project proposed in
housing programs to preserve
moderate income housing;
this application
upon completion,
if approved by tl
this application
and increase the
was reviewed and
consistent with local
ie local legislative
complements the local
supply of low and
(3) that a survey of the households residing in the mobilehome park has
been conducted and no less than two- thirds of all the residents
support the project as proposed in this application;
(4) that the statements concerning the potential displacement of residents
in Section III A -1 of this application are accurate, feasible and
approved or will be approved by the local public entity;. and
(5) that the local public entity has committed to provide the financial
and other assistance specified in this application.
sG1 0:
nature
Ron Dunin
(Type Name)_ -
-V'
Mayor
Title
Date -
STANDARD AGREEMENT (^ ATTORNEDY GBY THE
ENERAL J
qI
STATE OF CALIFORNIA AA A �.DrS �ppY
ETD. 2 IREV. 6161) J
THIS ACREEI.4ENT, made and entered into this 11 th day of November 19-16,
in the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
u
D
CONTRACTOR
STATE AGENCY
DEPT. OF GEN. SER.
CONTROLLER -
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director enartrtent of Housing & Community Development 86 -P!PAP -009
hereafter called the State, and
City of San Luis Obispo and the Chumash Village Mobilehome A.cnuisi.tion Association, Inc.
hereaftrrcallcdtheContractor., or a esi en rgamza ion an a oca ntity as appropriate.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereby agree to furnish to the.State services and materials, as follows:
(Set f th rWc to he ren ed Contras a, nt to be I t actor, time for performance completion, and attach plans pd sped• fications. if any.)
brut ority: the Numasrr li I Iage t�o�i e�iome Acquisition associ anon, Inc. ' Resident.
Organization ") and the City of San Luis Obispo ( "Local Entity ") have submitted an
application to the Department of Housing and Community Development ( "the Department") for
loan funds under the Mobilehome Park Assistance Program (MPAP). Assistance under MPAP
will be provided by the Department pursuant to the California Health & Safety Code
(Sections 50780, et seq.) and the regulations prorrulgated thereunder and set out as Title
25 of the California Administrative Code (Sections 8000, et sue.). With the execution of
this Agreement, the above named parties each agree to accept and comply with the terms and
conditions of this Agreement, all attachments hereto, the provisions of Health and Safety
Code Sections 50780, et sue., and the provisions of Title 25 of the California
Administrative Code Sections 8000, et seq., and all other applicable State,laws and
regulations.
Purpose: Subject to those specific conditions and terms identified herein, the Department .
has agreed to commit funds to the parties named above for the purpose of providing a loan
or loans for the acquisition and /or conversion of the mobilehome park identified in
Attachment A to ownership and /or control by the Resident Organization in the manner
described in the application submitted to the- D�aftmerrCl, This application is hereby
incorporated by reference as if set. for�tTi in full.
The provisions on the reverse side hereof constitute a part of this agreement
TAI Isll•rwTCCC 11nLTVPrI`1F rl,c, earn mPnt ]lac },Pen eseeuted by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR In OYNOI THAN AN 6mNlo.u�- SrAT A A
°,FT.p16MRCTCJ: City of Luis .loisps and ion,
Department of Housing & Community Development
_San
I
- Village Mobilehome-Acquisition ssociat�on, In
BY ].AUTHORIZED SIGNATURE]
(see signature blocks on Page 2)
By (AUTHgRi SIGNATURE)
Trn-e
CHIEF, ADMINISTRATION DMStON
TITLE
ADDRESS
CONTINUED ON — SHEETS. EACH BEARING NAME OF CONTRACTOR
'
- AMOUNT ENCUMBERED
PROGRAM /CATEGORY (CODE AND TITLE) FUND TTTLE Mobi lehc
Deoarrment of General Services
5535.000
�20 Community Affpirg (Park Purchase
Use Only
UNENCUMBERED BALANCE
IOFrIONAL USE)
Index: 2500 PCA: 24510
AOJ. INCREASING ENCUMBRANCE
REM CHARTER
STATUTE FISCALYEI
1692
1984 1986/8'
Exen)* hrm Cvpar:)J
?24n-62n-5_'i0
ADJ. DECREASING ENCUMBRANCE
-
OFUECT OF EXPENDITURE (CODE AND TIT1 -El
("P"W -I c _ _ i-� a
OI JBrI'Ky�� -T
664731
I•',Y �.-L.,Y'tt I.: •.C:;
T.B.A. NO. NO.
%•.;ir':.;t ^;; u.'�w• !h;a�Cl•.
IB.R.
1 hereby certify upon my our personal knowledge that budgeted Tunas are
available for the period and purpose of the expenditure seated abode.
SIGNATURE Of ACCOU G FFICER DATE
thereby certify that all conduions far esemptian set forth in State Administrative Manual Section 1209 haae
been complied ,pith and this document is e=empt from review by the Eepartn nt of Finance.
t�
DEC 2 1985
SIGNATUR OFFICER BE gF THE AGENCT
DATE
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the performance of this contract,
and from any and all claims and losses accruing or resulting to any person, firm or corporation
who may be injured or damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Contractor, in the performance'nf this
agreement, shall act in an independent capacity and not as officers or emplovees or agents;of
State of California.
3. The State may terminate this agreement and be relieved of the payment of am consideration
to Contractor should Contractor fail to perform the covenants herein contained at the time and
in the manner herein provided. 1n the event of such termination the State may proceed «ith the
work in anv manner deemed proper by the State. The cost to the State shall be deducted from
any sum due the Contractor under this agreement, and the balance, if any, shall be paid the
Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor
either in whole or in part.
5. Time is the essence of this. agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,
shall be binding on any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein,.shall be in compensation foi
all of Contractor's expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
CONTRACTOR
Cow•TRAC-op .. 0,.E. T -.w .w Ew.E . .
`T`� City of San Lis Obi so
ET J0.gJT1W1W 1ZED S1% J' E
T*T� Ron Duntn
Mayor
990 Palm
San Luis
mela Voges
ty Clerk-
treet
bispo, CA
CONTRACTOR
COwTRACTOR N OTHER Tw.w ww . VFW STATE .YMLT . �.T,OK
..TMEREr..E, ETCJ
Village Mobiiehome.Acouisition P
BT H IZED 5 ATUREI
+Lt,!
.00R 3057. S. Hi gguera- Street
San Luis Obi'.spo, CA 93401
8. Work to be Performed
Contract No. 86 -MPAP -009
The.Chumash Village Mobile -
home Acquisition, Inc.
City of San Lui.s Obispo
Page .3 of 12
a. The Resident Organization and Local Entity agree to fully perform
their respective obligations under this Agreement and the work set forth in
Attachment B, and in Attachment C. All parties agree to complete the
obligations and work in accordance with the manner, timing and other terms.
set-forth in Attachment B and Attachment C.
b. Obligations of the Resident Or anization
1 The Resident- Organization agrees to complete the acquisition
and /or conversion of the subject mobilehome park as specified in the
application submitted to and on file with Department with any amendments and
modifications thereto as approved by the Department. In the event there are
any conflicts or inconsistencies between the Application and Attachment B,
the latter shall prevail. In the event of any conflicts or inconsistencies
between Attachment B and Attachment C, the provisions of Attachment C shall
prevail. In furtherance of this Agreement, the Resident Organization shall
timely execute all documents reasonably required by the Department,
including but not limited to, the Regulatory Agreement, promissory notes,
security agreements and deeds of trust. Such execution and recordation
where appropriate, shall precede the closing of any loan provided pursuant
to this Agreement. The Resident Organization or individual residents, as
applicable, shall' provide a standard lender policy of title insurance
acceptable to the Department, insuring the Department's interest (as lender)
in the real property securing the loan. All such documents shall be
submitted to the Department for review and approval prior to execution.
(2) The Resident Organization agrees to establish and maintain an
accounting and management system ( "the Management Plan ") i_n compliance with
generally approved accounting principles. Said Management Plan shall be
sufficient to ensure the fiscal and management operation of the mobilehome
park. The Management Plan shall be submitted to the Department for review
and approval in a timely manner prior to loan closing and at such times
thereafter as is reasonably deemed necessary by the Department. The
Department shall review the Resident Organization's proposed Management Plan
for the purpose of ensuring compliance with this Agreement, the applicable
regulations and statutes. The Department may require changes. necessary to
effectuate the purposes of this Agreement and the MPAP.
(3) The Resident Organization shall provide reports on its progress
in completing the work and satisfying the requirements of this Agreement.
The format and content of the reports are subject to the approval of the
Depart ment. Unless otherwise directe6 by the Department, such reports shall
be submitted to the Local Entity within thirty (30) days after the end of
each calendar quarter of the term of this Agreement,.
(4) The Resident Organization agrees to make all loan payments when
due and perform all its obligations as set forth in the note, deed of trust,
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home.Acquisition, Inc.
City of San Luis Obispo
Page 4 of 12
Regulatory Agreement and other documents related to this loan, including any
obligations imposed by law and regulations.
c. Obliqations of the Local fnti
(1) The Local Entity agrees, in addition to any items specified in
Attachment B, to:
(A) Provide all certifications (if not provided in the application)
specified in 25 Cal. Admin. .Code 8018(b).
(B) Administer any relocation or displacement efforts as required
by Federal, State and local laws. All parties acknowledge that relocation
expenses may be a part of approved costs included in .the loan or loans to
the Resident Organization under this program, and that the Department shall
not be responsible for-any relocation expenses not authorized by, or in
excess of, the amounts provided pursuant to this Agreement.
(C) Provide continuing "monitoring of the Resident Organization
and /or individual borrowers, as applicable, to verify compliance with the
terms and conditions of MPAP, and to protect the security of the loan as
required by this Agreement and 25 Cal. Admin. Code 8030. In the furtherance
of said obligation, the Local Entity agrees to obtain and evaluate the
periodic reports submitted by the Resident Organization pursuant to this
Agreement and /or any other regulatory agreements. Unless otherwise directed
by the Department', the Local Entity shall forward to the Department
within fifteen (15) days after receipt., all reports submitted by the
Resident Organization together with the Local Entity's.assessment of the
Resident Organization's and Local Entity's compliance with this Agreement,
and the MPAP requirements. Should this assessment reveal a failure on the
part of the Resident Organization and the Local Entity, the Local Entity
shall identify possible solutions and recommend a course of action to
correct the difficulty, subject to Department review and approval.
(D) Fulfill all other obligations prescribed in 25 Cal. Admin.
Code, Section 8018.
9. Loan Amount and Purposes
a. The Department shall provide a loan or loans for the amounts and for
the purposes 'stated in Attachment B. In no instance shall the Department be
liable for any costs or expenditures towards this project in excess of the
amount stated in Attachment B, nor for any unauthorized or ineligible costs
or expenditures. In addition, until this Agreement is executed by the
Department, the Department shall not be liable for any expenditures incurred
with respect to this project.
b. Prior to loan closing, a detailed distribution of total project
costs and the specific allocation of MPAP funds (the "closing budget ") shall
be submitted to the Department for review and approval. Provided that the
closing budget does not vary by more than 10% in total from the overall
proposed project costs approved by the Department and attached hereto as
Attachment D, the specific allocation of MPAP funds as specified in
Contract No: 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 5 of 12
Attachment B may be adjusted through the mutual consent of the parties
without amendment of this agreement. After Than closing, the closing budget
may not be changed without the prior written approval of the Department.
c. Unless otherwise specified in Attachment B, the following loan terms
shall apply to any loan provided hereunder by the Department.
(1) The Department agrees to make a loan or loans at the simple
interest rate of 7 percent per annum. Interest shall be payable on the,
unpaid principal balance from the date of execution and recordation of the
security documents.
(2) Payments in repayment of the loan(s) shall be credited first to
unpaid interest, then to principal..
(3) All loans shall be evidenced by a Promi.ssory Note and secured
by Deed of Trust and /or appropriate security agreement. Where a blanket
loan is provided to the Resident Organization, such loan shall be governed
by a Regulatory Agreement to be executed by the Resident Organization and
the Department and recorded.
10. Disencumbrance of Funds and Repayment, of Excess Funds
a: If funds authorized by this Agreement, or any portion thereof, have
not been disbursed to or on behalf of the Resident Organization in
accordance with this Agreement, and the Department determines that such
funds, or a portion thereof, are not necessary for the Resident
Organization's performance hereunder, then the Department may notify the
Resident Organization that the funds shall be disencumbered. The notice
shall specify the effective date and the amount of the proposed
disencumbrance. If the Resident Organization does not provide informat ion
within 14 days adequate to the Department to sustain the need for the funds
and /or the ability to properly utilize them in a timely fashion the amount
shall be disencumbered on that effective date and shall no longer be
committed or authorized for use under this Agreement, and the total amount
under this Agreement shall be reduced by the amount of the disencumbrance.
b. Any funds disbursed to or on behalf of the Resident Organization
which are not utilized promptly for the purpose for which they were
disbursed shall be returned to the Department within 30 days of their demand
by the Department.
11. Administrative Expenses
For purposes of performing the administrative functions set. forth in
tM s.Agreement, the Department agrees to pay to the Local Entity the amount .
specified in Attachment B, if any, for the services, and pursuant to the
schedule specified therein.
1`2. Special Conditions_
Ttte resident Organization and Local Entity agree to comply with the
special conditions, if any, contained in Attachment C.
Contract No. 86 -MPAP -009
The Chumash Village Mobile-
home Acquisition, Inc.
City of San Luis Obispo
Page 6 of 12
13. Method of Payment
a. The.Department shall release funds to the Resident Organization,
Local Entity or other party designated in Attachment B upon satisfaction of
the conditions in this Agreement. Advance payments, or withholding of
funds, if any, shall be as provided in Attachment B. Unless otherwise
specified by the Department, any funds disbursed into an escrow account,
shall be deposited in a Federally Insured account bearing the prevailing
rate of interest. All interest shall be remanded to the Department at the
close of escrow.
b. Requests for funds shall be submitted to the Department Coordinator
specified in Paragraph 23.
14. Commencement and Term
This Agreement is effective. on the date of execution by the Department,
and shall terminate upon loan repayment, unless terminated sooner pursuant
to paragraph 15. The Resident Organization and Local Entity agree that
their respective obligations under this contract shall be completed pursuant
to the time schedule specified in. Attachment B unless a written request for
an extension is approved in advance through amendment of this Agreement.
Prepayment of the financial obl.igat ons hereunder shall terminate the
Agreement.
15. Defaults and Termination by the Department
a. The Department may terminate thi's Agreement at any time for good
cause.. Good cause shall consist of a failure of conditions, breach of this
Agreement, the Regulatory Agreement, or any loan documents. The Local
Entity and Resident Organization shall be provided with notification of any
violation and the appropriate party shall be provided with 30 days to take
necessary corrective action prior to termination, unless a different time
frame or corrective provision is set forth within a specific loan document.
b. In the. event of any default or breach of this Agreement or any
obligation of thi.s Agreement, the Department, at its sole - option, may seek
enforcement of the obligation breached and /or in default and /or may declare
the loan to be immediately due and payable. In the event the Department
exercises the latter option, the Resident Organization shall repay all
outstanding principal and interest forthwith to the Department or, if the
Department approves, voluntarily convey all real property securing the loan
or loans to an entity approved by the Department. In the event the
Department elects for former (seeks enforcement of obligation(s) breached),
it may seek damages or it may seek equitable relief, such as specific
performance or injunctive relief, it being agreed by the Resident
Organization that the injury to the Department arising from certain defaults
hereunder would be irreparable and that it would be extremely difficult or
ierpossible to ascertain the amount of compensation to the State which would
afford adequate relief in fight of the purposes and policies of the
program.
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 7 of 12
c. Subject to the provisions of Civil Code Section 1717, in the event
the Department undertakes any enforcement of this Agreement or any
underlying obligations, the Resident Organization shall be liable for
reasonable costs of enforcement including, but not limited to, attorneys
fees, court costs, and costs of investigation..
d. Termination of this Agreement does not prejudice any other legal
remedies available to the Department to enforce the. provision of this
Agreement. The remedies of the Department are cumulative and the exercise
of one or more such remedies shall not be deemed an election of remedies and
shall not preclude the exercise by the Department of one or more of its
other remedies.
16. Nondiscrimination
a. General State Nondiscrimination Standards.
(1) During the performance of this Agreement, the Resident
Organization, Local Entity and their subcontractors shall not deny the
contract's benefits to any person on the basis of religion, color, ethnic
group identification, sex, age (unless authorized by law), physical or
mental disability, nor shall they discriminate unlawfully against any
employee or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, mental disability, medical
condition, marital status, age or sex. Resident Organization and Local
Entity shall ensure that the evaluation and treatment of employees and
applicants for employment are free of such discrimination.
(2) Resident Organization and Local Entity shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section
12900, et seq.), the regulations promulgated thereunder (California
Administrative Code, Title 2, Section 7285.0, et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code
(Government Code Sections 1.1135 - 11139.5) and the regulations or standards
adopted by the awarding State agency to implement such article.
(3) Resident Organization, Local Entity, and their subcontractors
s-hall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other
agreement.
(4) Resident Organization and Local Entity shall include the
nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
(5) The Resident Organization acknowledges that the prohibitions
contained in Sections 51.2 of the Civil Code apply to this project and shall
not restrict the sale, lease or rental of units within the park on the basis
of age unless the park is designed to meet the physical and social needs of
senior citizens in a manner consistent with current law.
Contract No: 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 8 of 12
17. Contractors and Subcontractors of the Resident Organization
a. The Resident Organization shall not enter into any agreement,
written or oral, to perform the work with any contractor who is not
appropriately licensed in California.
b. The Agreement between the Resident Organization and any contractor
shall require the contractor and its subcontractors, if any, to:
(1) Perform the work in accordance with the federal, State and
local laws and ordinances, including housing and building codes, as are
applicable.
(2) Comply with such of the nondiscrimination requirements set
forth in this Agreement, as are applicable..
(3) Maintain at least the minimum State - required Worker's
Compensation Insurance for those employees. who shall perform the work or any
part of it.
(4) Maintain unemployment insurance, disability insurance,
liability insurance of at least $1,000,000 and property damage insurance in
an amount equal to all outstanding indebtedness plus resident equity in the
organization.
18. Inspections and Review of Work
a. The Local' Entity shall inspect and review any work performed
hereunder to ensure that the work is being and has been performed in
accordance with the applicable State and /or local requirements and this
Agreement.
b. The Department reserves the right to inspect and review any work
performed hereunder to see that the work is being and has been performed in
accordance with the applicable State and /or local requirements and this
Ageement.
c. Resident Organization agrees to require correction of all work
performed by a contractor found by any inspections not to conform to the
applicable requirements, and to withhold payments to the contractor or
subcontractor until it is so corrected.
19. Fiscal Administration
a. In addition to the Management Plan required by paragraph 8b, the
Resident Organization is responsible. for maintaining records which fully
disclose the amount and disposition of all funds allocated for the work, and
,0e amount and disposition. of that portion of total costs provided from
local sources. In addition, the Resident Organization agrees to establish a
first year operating budget to be submitted for Department review and
approval prior to loan closing. A budget shall be prepared annually for
subsequent years and shall be subject to Department, review and approval
prior to the beginning of each year thereafter. The Resident Organization
shall maintain accurate records on the use of MPAP funds for affordability
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 9 of 12
benefits of the low- income residents. The procedures developed by the
Resident Organization must provide for the accurate and timely recording of
the receipt of funds, expenditures, and unexpended balances. Adequate
documentation of each transaction shall be maintained to permit the
determination, through an audit conducted by a certified public accountant
if requested by the Department, of the accuracy of the records and the
allowability of expenditures charted to MPAP funds.
b. The Local Entity agrees to establish and maintain fiscal control and
accounting procedures which assure that administrative funds, if any,
awarded to it are properly disbursed, adequately controlled and accounted
for in a separate account. In addition, the Local Entity agrees to monitor
the recordkeeping specified in paragraph "a" above.
c.. If the allowability of an expenditure cannot be determined because
records or documentation are inadequate, the questionable costs shall be
disallowed. The Resident Organization shall reimburse the Department for
the amount of any disallowed items financed by a loan made pursuant to this
agreement. The Local Entity shall reimburse the Department for the amount
of any of its administrative costs which are disallowed. The Department's
determination of the allowability of any expense shall be final.
20. Records
a. All records, accounts, documentation and other material relevant to
a fiscal audit or examination, as specified by the Department, shall be
retained and made available to the Department for a period of not less than
three (3) years after termination of this Agreement.
b. If so directed by the Department upon termination of this Agreement,
Resident Organization and /or Local Entity shall cause all records, accounts, .
documentation and other materials pertaining to the work to be delivered to
the Department as depository.
21. Compliance with State and Federal Law and Regulations
Resident Organization and Local Entity agree to comply with all State
and Federal laws and regulations that pertain to construction, health and
safety, labor, fair employment practices, equal opportunity, and all other
matters applicable to Resident Organization and Local Entity, its
subgrantees, contractors, or subcontractors or employees, and the work.
22. Environmental Reouirements
This Agreement may be subject to the, provisions of the California
Environmental Quality Act (CEQA). The Local Entity assumes responsibility
to fully comply with CEQA's requirements, if applicable, regarding the work.
The release by the Department of funds is hereby cogdit.ioned upon compliance
with CEQA.
C
23. Department Coordinator
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 10 of 12
The coordinator of this Agreement: for the Department is the Program
Manager of the Mobilehome Park Assistance Program, Division of Community
Affairs. Any notice, report, or other communication required by this
Agreement shall be mailed by first class mail to the Department Coordinator
at the following address:
Department of Housing and Community Development
Mobilehome Park Assistance Program
921 Tenth Street (5L)
Sacramento, CA 95814
Attention: MPAP Contract Services
Phone: (916),445 -0110
24. Certified Resolution
Prior to the execution of this Agreement by the State, the Resident
Organization and Local .Entity shall provide certified resolutions from their
respective governing bodies authorizing the execution of this Agreement.
25. Publicity
The Resident Organization and Local Entity each agree that if this
project is used for any promotional purpose the Department shall be given
suitable acknowledgement of its contribution to the purchase and /or
conversion. The Resident Organization expressly agrees that any on -site
sign posted acknowledging financial contributors or other support to the
project shall reference the Department in a suitable fashion.
26. Waivers
No waiver of any breach of the Agreement shall be held to be a waiver
of any prior or subsequent breach. The failure of the Department to enforce
ar[ any time the provisions of this Agreement or to require at any time
performance by the Contractor of these provisions, shall. in no way be
construed to be a waiver of such provisions nor to affect the validity of
this Agreement or the right of the Department to enforce these provisions.
27'. Litigation
a. If any provision of this Agreement, or an underlying obligation, is
held invalid by a court of competent jurisdiction, §uch invalidity, at the
sole discretion of the Department, shall not affect any other provisions of
01s Agreement and the remainder of this Agreement shall remain in full
C
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 1.1 of 12
force and effect. Therefore, the
shall be, deemed severable.
b. The Resident Organization
any claim or action undertaken by
this Agreement or the Department,
the claim or action as is consist
the interests of the.State.
28. Insurance
provisions of this Agreement are., and
shall notify the Department immediately of
or against it which affects or may affect
and shall take such action with respect to
ent with the terms of this Agreement and
a. Prior to the disbursement of funds under this Agreement and
thereafter during the term hereof, the Resident Organization shall obtain,
carry, and maintain in force -- or cause to be obtained, carried, or
maintained in force -- comprehensive general liability insurance in the
amount of not less than one million dollars ($1,000,000) for injury to or
death of one person, one million dollars ($1,000,000) for injury to or death
of more than one person in one accident, and adequate property damage
insurance.
b. Where the Department provides either conversion or blanket loan
financing, the Resident Organization shall ensure that the State of
California and its officers and employees are named as additional named
insureds on the general liability insurance policy required by subdivision
(a) for the purposes of any litigation arising at any time during or after
the terms of this Agreement with respect to the performance of this
Agreement or any act or omission thereunder. That policy also shall provide
for notice to this department in the event of any lapse of coverage and in
the event of any claim thereunder. Upon req.uest of the State, the Resident
Organization shall submit documentation of such insurance to the State.
c. Upon demonstration of cause satisfactory to the Department, the
requirements of subparagraphs (a) and (b) may be satisfied by the Resident
Organization and /or Local Entity providing evidence of an alternative to
conventional insurance sufficient to provide equivalent protection.
29. Labor Relations Certification
The Resident Organization, by signing the Agreement, does declare under
penalty of perjury that no more than one final unappealable finding of
contempt of court by a Federal Court has been issued against the Resident
Organization within the immediately-preceding two -year period because of the
Resident Organ.izat.ion's failure to comply with an order of a Federal Court
whicii orders the Resident Organization to comply with an order of the
National Labor Relations Board (Public Contracts Code Section 10,296).
30. Indemnification
This paragraph supersedes paragraph 1 of this Agreement and any other
paragraph herein which is inconsistent with the terms of this paragraph.
C, �J
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page 12 of 12
The Resident Organization, with respect to the work it performs under thi.s
Agreement, and Local Entity, with respect to the work it performs under this
Agreement, shall indemnify and save harmless the State of California and all
officers and employees thereof connected with the work or program assisted
by this Agreement, from all claims, suits, or actions of every name, kind
and description, brought forth, or on account of, physical or other injuries
to or death of any person included but not limited to workers and the
public, or damage to property resulting from the performance of this
Agreement, except as otherwise provided by statute.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers.
MPAP /04 -1.1
)ash Village Mobilehome
)ash
Association, Inc.
City of San Luis Obispo
ATTACHMENT A
LEGAL DESCRIPTION OF
CHUMASH VILLAGE MOBILEHOME PARK AT
3057 South Hiquera Street, San Luis Obispo
California
THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN LUSIS OBISPO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A OF PARCEL t,PP SLO -71 -120, IN THE CITY OF SAN LUIS OBISPO,
COUNTY. OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PEP. MAP FILED IN
BOOK 6, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THEREFROt1 THAT PORTION OF THE 61ESTERLY 5 FEET OF SAID LAND
DESCRIBED IN THE DEED TO THE CITY OF SAN LUIS OBISPO, RECORDED
SEPTEMBER 13, 1971 IN BOOK 1631, PACE 615 OF OFFICIAL RECORDS It THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
G J
Contract No. 86 -MPAP -009
The Chumash Village Mobile-
home Acquisition, Inc.
City of San Luis Obispo
Page 1 of 2
ATTACHMENT B .
PROJECT DESCRIPTION
1. Work to be performed
A. The Resident Organization shall use program funds towards the
acquisition and conversion of the Chumash Village Mobilehome Park to
an airspace condominium form of resident ownership. Upon completion
of the conversion, the Resident Organization shall use program funds
to transfer to low: income park residents individual interests in the
mobilehome park.
B: Unless otherwise specified, not less than 21 days prior to the
sthedul,ed close of the appropriate escrows, all items set forth in
this agreement and all other items necessary for completion of the
work shall be submitted for review and approval by the Department.
2. Loan Terms
A. The Department shall provide a Conversion loan in an amount up to
5535,000 for the purpose of acquiring and converting the mobilehome
park as described in paragraph lA above. Once the contracted work
required under the Conversion loan is completed, the Conversion loan
will be transferred in an amount of up to $535,000 in Individual
loans. This amount may be reduced based on the final review of the
total approved conversion cost and the eligibility and needs of the
individual park residents pursuant to the program requirements.
S. Unless otherwise approved in writing by the Department, MPAP funds
shall be allocated to the following cost categories:
Acquisition Costs $535,000
Rehabilitation $
Professional Services 5
(Other categories as appropriate
C. The term of the Conversion loan commences upon execution and
recordation of the Department's security documents and 1s due and
payable 3 years thereafter. or upon transfer of individual interests
to 44PAP assisted low - income residents, at which time the term of
each Individual loan commences and is due and payable 30 years
thereafter or upon transfer of title, whichever occurs first. Any
funds not necessary to facilitate the transfer of individual.
interests to MPAP assisted low- income residents shall. be returned to
the Department within 30 days after the transfer of individual
interest.'
Contract No. 86 -MPAP -009
The Chumash Village Mobile -
home Acquisition, Inc.
City of San Luis Obispo
Page.2 of 2
D. Payment of principal and interest shall be deferred during the term
of the Conversion loan and payment of principal and interest shall
be deferred during the term of each individual loan.
3. Payment of Funds
A. The Department shall release funds on behalf of the Resident
Organization, payable to an escrow depository mutually agreed upon
by the parties to this agreement, for deposit into an interest
bearing escrow account in accordance with the escrow instructions
written and approved by the Department for loan closing.
B. No advance payments or withholding of funds are required pursuant to
this conversion project.
4. Payment of Local Entity Services
A. No payment for services performed by the Local Entity is provided
under this Agreement.
5. Time Schedule
The completion of the work shall proceed in a timely manner. Within
twelve months of the effective date of this agreement, title to the
mobilehome park shall be transferred to the Resident Organization. All
Individual loans must be made no later than 24 months after the close of
escrow for the Conversion loan. Progress towards completion of the work
shall be reported quarterly to the Department by the Local Entity. If
inadequate progress has been achieved, the Department may stipulate
completion dates for specific work items. Upon failure to progress
toward completion, the Department may terminate this Agreement in
accordance with paragraph 15 of this Agreement.
9
Contract No. 86 -MPAP -009
Chumash Village Mobilehome
Acquisition Association, Inc.
City of San Luis Obispo
ATTACHMENT C
SPECIAL CONDITIONS
A. Prior to disbursement of funds, Department approval shall be obtained
for the following:
1. Standard Agreement between the Department and co- applicants
2. Evidence of value of property
3. The management plan
4. The first year operating budget
5. Closing budget and detail of conversion costs
6. Loan origination and servicing agreement
7. ;irm commitments for all financing and public assistance shall be
submitted for Department review and approval no less than 21 days
prior to the Conversion.loan closing and shall be in the amounts and
with terms comparable to those submitted in the application unless
otherwise approved by the Department.
8. Any additional document(s) deemed necessary by the Department
B. Prior to disbursement of funds, the Department shall be provided with
satisfactory evidence that:
1. Upon loan closing, residency in this project will either be open to
all persons regardless of age or be limited to senior citizens under
the terms and requirements of law as currently interpreted by the
California Department of Real Estate.
2. Adeauate f4nanc al assistance is committed to this project to ensure
that the low- income residents pa rt icipati.ng in the conversion will
not be paying a higher percentage of housing cost to gross income
than they are currently paying prior to conversion when that
percentage exceeds 40 percent after conversion.
C. The loan commitment shall expire within twelve (12) months of the date
of execution of this Agreement by the Department.
MPAP /04 =1.1
(�a MKT
a Chi ;h Village Mobilehome
Ac uisition
Association, Inc.
City
of San Luis
Obispo
ESTIMATED CONVERSION COSTS
INTERIM
PERMANENT
TOTAL
AVERAGE
DESCRIPTION OF COST ITEM,
PHASE
PHASE
COSTS
--PER-LOT-
A.
PARK PURCHASE PRICE S 5,,;1n,non
S 5 :�1n.nnn
S -5 ?1n_nn
T) 07R -
B.
FINANCING COSTS
1. Loan fees /poi nts
37,000
40,000
77,000
327
2. Appraisal fee
3,000
-0-
3.000
13
3. Interim loan interest. —T --
-0-
-0-
-n- -
4. Other (Specify)
PreDqyrrrt IenaI t
-0
-0-
-0
�-
DJVL7 'Itanster k-es
-U-
29,625
29,625
125
C.
CLOSING COSTS*
2,00_0
41,475.
43,475
164
1. Escrow Fees
2. Title Insurance
3.000
62.25n
2r:
3. Other (Specify)
Recordi� Fees.
4.70075
-x.575
9u
to 5crvice
-u-
4, Uu
,700
u
B.
PROFESSIONAL SERVICES
-0-
296,250
296,250
1.255
1. Consultant
2. Legal
lnc
n Qxrsul'Lani
Fees. - ....: ...........
3. Engineering /Survey
38.555
-U -_
38.555
_ _ 163
4. Other (Specify)
3
DE axt?et Ps'acretion
850
-0-
850
E.
REHABILITATION*'
1. Off -site improvements
-0-
-0-
-0-
70-
2. Park infrastructure
-u`
__u
_u_
-�-
3. Community facilities
T_ —T—
`0-
-U-
4. Other (Specify)
F.
RESERVES
-0
1. Replacements
2. Operating
-U- _
-0-
-0-
3. Other .(Specify)
3 tronths HD% wes
-C-
42.660
12.660
180
G.
OTHER CONVERSION COSTS
1. Local fees
—
3.5nn
1=
2. State. fees (e.g. DRE)
3,970
16
3. , Hazard /Liability Ins.
15.000
-c-
:S:UDU
o;
4. Other (Specify)
NS Sc.
13,500
-0-
1_3,500,
57
_ ger's 03,7
29,845
-0-
29,845
126
H.
CONTINGENCY
_n -___
_n_
I.
TOTAL CONVERSION COSTS:
S 5. -1i64 92�
5,896,655.
S 5.741 715 S
24
S , °8
U
RESOLUTION NO. 6062
(1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCEPTION TO THE GRADING ORDINANCE FOR A RESIDENCE
AT 1620 EL CASERIO COURT
WHEREAS, the City Council has held public hearings on this
grading exception request in accordance with the city's Grading
Ordinance; and
WHEREAS, the council has considered the reports of staff,
public testimony, and materials submitted by the applicant; and
WHEREAS, the potential environmental impacts of the project
have been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact
Procedures and Guidelines.
NOW, THEREFORE, the council resolves to approve the grading
exception as follows:
SECTION 1. Findings. This council finds:
1. The exception is subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a
grant of special privilege inconsistent with the limitations
upon other properties in the same vicinity.
2. Because of special circumstances applicable to the subject
property, specifically that it is surrounded by similar
development, the strict literal application of.the grading
limitations is found to deprive subject property of
privileges enjoyed by other properties in the vicinity.
3. Under the circumstances of this particular case the exception
is in conformity with the purposes of the Grading Ordinance
set out in Section 15:44.020
SECTION 2. Condition
1. Grading shall be limited to the cuts and fills indicated on
the attached "Exhibit A".
R 6062
Resolution No. 6062 (1986 Series)
Grading Exception
1620 El Caserio Court
Page 2
On motion of Councilman Settle , seconded
by Councilman Griffin , and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilwoman Dovey
the foregoing resolution was passed and adopted this 2nd day
Of Sevtember , 1986.
Mayor Ron Dunin
ATTEST:
City Clerk Pamela Voges
APPROVED:
City Administrative Officer
1A
Community Development Director
�!
0
Aff
F -I ,
/ uHart
C C
RESOLUTION NO. 60611 (1986-'Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING A CONDITION OF APPROVAL OF TENTATIVE MAP NO. 1235
(WILLOW GROVE) LOCATED AT 4100 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Finding. That this council, after consideration of the conditions of
approval of Tract 1235, staff recommendation and reports thereon, makes the following
finding:
1. The deletion of the requirement that all public improvements of phases 1 and 2
of the Edna -Islay Specific Plan be accepted prior to recordation of the final
map is consistent with standards set in the Edna -Islay Specific Plan and with
all other applicable city plans and policies.
SECTION 2. That the approval of Tract 1235 is subject to all conditions included in
resolution no. 5968 except that condition no. 1 is revised to read:
1. Multiple final maps may be filed. Final occupancy will not be granted for the
residences in Tract 1235 until all public improvements in phases 1 and 2 of the
specific plan are accepted.
On motion of Councilman Settle seconded by _Councilman Griffin
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilwoman Dovey
the foregoing resolution was passed and adopted this 2nd day
of September 1986.
pin
ATT
V
Citt Clerk Pamel Voges
R 6061
G1
Resolution No6061(1986 Series)
Tract 1235
Page 2
APPROVED:
e",j 4 &,� -
City Administrati e O icer
City Adorney
P�
Community Development Director
N
0
RESOLUTION NO. 6060.(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: Street Reconstruction Project
ESTIMATE: $618,875.00
BIDDER: Madonna Construction Co
San Luis Obispo, CA
CITY PLAN NO.: K -63A
FUND NO.: 835
BID AMOUNT: $453,723.00
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 Griffin seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing Resolution was passed and adopted this 2nd day of
gpntember 1986.
—n
ATTEST:
CITY CLERK PAMELA GES
APPROVED:
City A4inistrat;kq Officer
Citv Att
Fin Dye tor
wr
City Engineer
tpg2 /k63aaward
by
• .1.1
���'onr�a ,.
�I �'Io�CP. U
� .
��
�;
f..
RESOLUTION NO. 6059 (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: Storm Drain Improvement CITY PLAN NO.: H -19E
Broad St.- Higuera to SL Creek
ESTIMATE: $44,360.00 FUND NO.: 931
BIDDER: Dennis O'Brien BID AMOUNT: $42,111.20
Atascadero, CA
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 Griffin seconded by Councilwoman Rappa
and on the following roll can vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing Resolution was passed and adopted this 2nd day of
September 1986.
ATTEST•
CITY CLERK PAM VOGES
r w w r x +t r r
APPROVED:
City A�inistrq4ve Officer
City Attorney
Finance D- irjfc"tor
Luk:-,�
City Engineer
tpg2 /hl9eaward
by
R 6059
�%�I�7i S D ��P�'�
����� Q
�'' I.
�i %�
V
RESOLUTION NO.6058 (1986 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ENTERING INTO AN AGREEMENT FOR VENTURA GROUP ARCHITECTS
TO PROVIDE DESIGN SERVICES ON THE CITY HALL EXPANSION PROJECT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. To enter into an agreement with Ventura Group Architects entitled
"Agreement - Design Services for Converting the San Luis Obispo City /County
Library to Office Space and Remodeling the Existing City Hall.
2. To authorize the mayor to execute the agreement for the city.
3. To authorize the city administrative officer to execute an amendment
to the agreement establishing fees and authority for the architect to
proceed with phases 2 and 3 of the work, provided that the fees for phases
2 and 3 together do not exceed $35,000..
4. To direct the finance director to transfer $31,000 from fund 995 to
fund 869.
5. To direct the city clerk to furnish copies of this executed
resolution and the fully executed agreement to finance department, public
works department and: Ventura Group Architects
2207 Ventura Boulevard
Camarillo, CA 93010
ATTN: Daniel Maloney
On motion of Councilman Griffin , seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing resolution was passed and adopted this 2nd day of
September 1986.
ATTEST:
po-w-,4-k -.,� -
CITY kCLERK PAMELA VO S
s s s s s s s s s
R 6058
N
Resolution No. 6058 (1986 Series)
Approved:
City At
Finance Direc
A Acting Public Works Director
i�
City Administrative
Officer
City At
Finance Direc
A Acting Public Works Director
i�
�� /� .
�PiYL�(/�'Gt.G!'D�
��rhe�
�/�'l��'IG�
O O
--
...
._
.. ::i ...�;.
J :.. '
AGREEMENT
0
DESIGN SERVICES
FOR CONVERTING THE SAN LUIS OBISPO CITY /COUNTY LIBRARY TO OFFICE SPACE
AND REMODELING THE EXISTING CITY HALL
This agreement is made this 2nd day of September - 1986 by-and
between the City of San Luis Obispo ( "CITY ") and Ventura Group Architects
( "ARCHITECT ").
SECTION I_ RECITALS
CITY and ARCHITECT recognize and acknowledge the following circumstances:
A. CITY owns a building adjacent to the existing city hall which is used as
the San Luis Obispo City /County Library.
B. After completion of a new library building which should be occupied in
1988, the old library building will be vacated and available for another
use.
C. Because of overcrowding at the existing city hall building, CITY would
like to move some of its offices into the vacated library building and
rearrange the office spaces remaining in the existing city hall.
D. CITY needs professional services to design 1) the conversion of the old
library building to office space and 2) the remodeling of the existing city
hall.
E. ARCHITECT has demonstrated through its written proposal and subsequent
oral interview that it has the best combination of qualifications,
experience and perception for performing the needed project design
services.
SECTION II. GENERAL STIPULATIONS
In consideration of their mutual benefits, CITY and ARCHITECT agree to the
following stipulations:
A. PROJECT STAFF
1. CITY's project manager. CITY's project manager shall be
David Elliott. who shall represent CITY for all purposes under
this agreement, supervise the progress and execution of this
agreement, and approve all work products submitted by ARCHITECT.
2. ARCHITECT's proiect officer. ARCHITECT'S project officer shall be
B
Daniel Maloney, who shall represent ARCHITECT for all purposes
under this agreement and shall:
a. supervise the day -to -day project work;
b. work closely with and report to CITY's project manager;
C. make necessary presentations to CITY's planning commission,
architectural review commission and city council; and
d. stay with the project from start to finish.
ARCHITECT's project officer shall not change without CITY's prior
written approval.
3. Subcontractors. ARCHITECT shall retain the following
subcontractors which are approved by CITY:
a. Interior Planning
b. Structural Engineering
c. Mechanical Engineering
d. Electrical Engineering
e. Landscape Architecture
JL Design
1445 Donlon Street Suite 16
Ventura, CA 93003
Linda Sorrento, Principal
Lawrence R. Hauer, S.E.
11 South Chestnut Street
Ventura, CA 93001
Lawrence R: Hauer, Principal
A.F. Nibecker & Associates
155 Granada Street Suite A
Camarillo, CA 93010
Donald Nibecker, Principal
Contractors Services, Inc.
575 Dawson Drive #217
Camarillo, CA 93010
Jack. Nickerson, Principal
Dave Davidson & Associates
P.O. Box 756
Camarillo, CA 93011
Dave Davidson, Principal
ARCHITECT shall not change subcontractors or retain additional
subcontractors without CITY's prior written approval.
ARCHITECT'S DUTIES AND RESPONSIBILITIES
1. Work to be performed. ARCHITECT shall perform all the work
particularly described in Section III of this agreement.
2. Laws to be observed. ARCHITECT shall:
a. procure all permits and licenses, pay all charges and fees,
G
and give all notices which may be necessary to lawfully
perform the work required under this agreement;
b. keep itself fully informed of all existing and.proposed
federal, state and local laws and regulations which may
affect its performance under this agreement;
C. at all times comply with and cause all of its employees and
subcontractors to comply with all applicable laws and
regulations; and
d. immediately report to CITY's project manager in writing any
discrepancy or inconsistency it discovers in applicable laws
and regulations which may affect its performance under this
agreement, particularly its preparation of plans and
specifications.
3. Release of work products. Any reports, plans, specifications or
other work products received or prepared by ARCHITECT under this
agreement shall be the property of CITY and shall not be released
by ARCHITECT to any individual or organization without prior
written approval of CITY's project manager.
4. Copies of work products. If CITY requests additional copies of
reports, plans, specifications or other work products beyond what
ARCHITECT must furnish in specified quantities as part of its work
under this agreement, ARCHITECT shall provide the additional
copies requested, and CITY shall reimburse ARCHITECT for its
direct Costs to prepare the copies.
5. Quality of work. ARCHITECT shall be responsible for the
professional quality, technical accuracy, timely completion, and
coordination of all work performed by ARCHITECT and its
subcontractors under this agreement. Without additional
compensation ARCHITECT shall ensure correction of any errors,
omissions or other deficiencies in its work or its subcontractors'
work. CITY's approval of work or payment for work shall not
relieve ARCHITECT of its responsibility for the quality of all
work performed under this agreement. CITY's approval of work or
payment for work shall not be construed as a waiver of CITY's
rights or ARCHITECT's responsibilities under this agreement.
6. ARCHITECT's liability. ARCHITECT shall be liable under applicable
law for all damages to CITY caused by the negligence, errors,
omissions or deficiencies of ARCHITECT or its agents, officers,
employees or subcontractors. ARCHITECT shall not be liable for
damages caused by negligence, errors, omissions, or deficiencies
attributable to CITY. ARCHITECT shall not be responsible for
delays in the project's progress caused by circumstances beyond
ARCHITECT's control.
7. Errors, omissions and deficiencies. "Errors, omissions, and
deficiencies" shall be defined as instances of failure to meet
standards of practice normally observed in performing similar
professional services. Nothing contained in this agreement shall
C) v
expand or increase the responsibilities of ARCHITECT beyond the
responsibility imposed by law.
8. Judgment of artistic effect. ARCHITECT's decisions about artistic
effect shall be final if consistent with the intent of the
construction contract documents.
9. Rejection of work. ARCHITECT shall have the authority to reject
construction work which does not conform to the construction
contract documents.
10. Special testing and inspection of work. ARCHITECT shall have the
authority to require special inspection or testing of the work
according to the provisions of the construction contract
documents, whether or not such work has been fabricated, installed
or completed.
11. Modification of ARCHITECT's duties and responsibilities.
ARCHITECT's duties, responsibilities and limitations of authority
as CITY's representative during construction shall not be modified
or extended without written consent of ARCHITECT and CITY.
C. CITY'S DUTIES AND RESPONSIBILITIES
1. General duties and cooperation. CITY shall cooperate with
ARCHITECT•to a reasonable extent in order to help ARCHITECT
complete all the work described in this agreement. CITY shall
take the lead role during the construction contract bidding and
award phase and the construction phase.
2. Work to be performed. CITY shall perform the following tasks:
a. survey and inventory the existing furniture and equipment at
city hall
b. prepare a telephone and computer cabling plan to overlay the
furnishings plan
C. apply for a use permit
d. apply for architectural review
e. apply for environmental review
f. apply for a building permit
g. compile and distribute invitations to bid
h. conduct a pre -bid conference
i. conduct a pre- construction meeting
j. perform minor surveying work
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k. inspect building construction
D. AUTHORITY TO PROCEED
1. Phased completion. ARCHITECT shall conduct the work in the
following consecutive phases:
a. programming
b. schematic design
C. final design
d. construction documents
e. construction contract bidding and award
f. Construction
.g. closeout
Section III of this agreement presents the details of these
phases.
2. Programming phase. ARCHITECT may proceed with work on the
programming phase upon execution of this agreement.
3. Schematic design and final design phases. ARCHITECT may proceed
with work on the schematic design and final design phases upon
written authorization from CITY's project manager. This
authorization shall be based on:
a. determination from results of the feasibility study that the
project will be cost - effective
b. successful negotiation of the fee for the schematic design
and final design
C. execution of an amendment to this agreement citing fees and
details for the schematic design and final design phases.
4. Construction documents through closeout phases. ARCHITECT may
proceed with work on the construction documents through closeout
phases upon written authorization from CITY's project manager.
This authorization shall be based on:
a. approval by CITY's city council of the final design;
b. successful negotiation of fees for the construction documents
through closeout phases; and
C. execution of an amendment to this agreement citing fees and
'\0 . D
details for the construction documents through closeout
phases.
E. COMPENSATION
Fee for the programming phase. The fee for completion of the
programming phase is listed in Section III of this agreement.
2. Fees for the schematic design and final design phases. The fees
for completion of the schematic design and final design phases
shall be negotiated between CITY and ARCHITECT after completion of
the programming phase and shall be incorporated into this
agreement by written amendment subject to approval by CITY's city
administrative officer and executed by both parties.
3. Fees for the construction documents through closeout phases. The
fees for completion of the construction documents through closeout
phases shall be negotiated between CITY and ARCHITECT after
completion of the final design phase and shall be incorporated
into this agreement by written amendment subject to approval by
CITY's city council and executed by both parties.
4. Progress payments. CITY shall pay ARCHITECT for completion and
approval by CITY's project manager of the work products specified
for each phase in Section III of this agreement. No oftener than
once each month ARCHITECT may submit an invoice for work products
completed. Each invoice must cite the title of this agreement.,
the number of the CITY resolution awarding,this agreement and
CITY's account number for payment. Each invoice must separately
itemize the work products completed and the value of those work
products. The value of a work product shall be calculated by
multiplying its percentage of the work phase by the total fee for
the work phase. Within 30 days of receiving an invoice CITY shall
pay for work products listed in the invoice which have been
completed and approved. CITY's project manager shall not approve
completion of any work in the construction phase until a notice of
completion has been filed for construction of the project.
F. TIME FOR COMPLETION OF WORK
1. Time specified. ARCHITECT shall complete each phase of the work
within the time specified for that phase in Section III of this
agreement.
2. Time extensions. ARCHITECT may apply to CITY for time extensions
needed because of delays caused by circumstances beyond
ARCHITECT's control. CITY's project manager must approve any time
extensions in writing.
G. TERMINATION
1. Right to terminate. CITY and ARCHITECT retain the right to
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unilaterally terminate this agreement for any reason by
notification in writing seven days before termination.
2. Compensation after termination. If this agreement is terminated
by CITY, CITY shall pay ARCHITECT an amount equal to the total
compensation due for all work completed less any progress
payments. If this agreement is terminated by ARCHITECT or because
of ARCHITECT's default, CITY shall pay ARCHITECT only for the
portion of ARCHITECT's work which benefits CITY. If CITY and
ARCHITECT cannot agree on the amount of final compensation after
termination, they shall mutually appoint an arbiter, who shall
make a final decision, binding upon both CITY and ARCHITECT.
3. Surrender of work products upon termination. Upon termination
ARCHITECT shall immediately surrender to CITY any reports, plans,
specifications or other work products, completed . or not, which
have been received or prepared by ARCHITECT under this agreement.
In order to receive these work products, CITY shall have paid
ARCHITECT reasonable compensation for them. Such work products
shall become CITY's permanent property. ARCHITECT shall not be
liable for CITY's use of incomplete work products or for CITY's
use of complete work products for a project other_ than the project
contemplated in this agreement.
H. INSPECTION OF WORK AND MATERIALS
ARCHITECT shall furnish CITY with every reasonable opportunity for CITY
to determine that ARCHITECT is performing its services according to the
requirements and intentions of this agreement. All work performed and
all materials furnished shall be subject to inspection and approval,of
CITY's project manager. Inspection and approval of work performed and
materials furnished shall not relieve ARCHITECT of any obligations
under this agreement.
OWNERSHIP OF MATERIALS
All original reports, plans, specifications and other work products
prepared or received by ARCHITECT under this agreement shall become
CITY's permanent property and shall be delivered to CITY upon demand,
provided CITY has paid the stipulated fee for completion of the work
products.
J. INDEPENDENT JUDGMENT
Failure of CITY to agree in judgment with ARCHITECT's independent
findings, conclusions, or recommendations as required under this
agreement shall not be construed as a failure of ARCHITECT to perform
the work required.
K. ASSIGNMENT
ARCHITECT shall not assign this agreement to another party without
i
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CITY's prior written consent. ARCHITECT shall not assign work under
this agreement to subcontractors other than those listed in paragraph A
of this section without CITY's prior written consent.
L. NOTICES
All notices required under this agreement shall be given in writing and
submitted by certified mail, postage prepaid and addressed as follows:
To CITY: City Clerk
City of San Luis Obispo
990 Palm Street
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To ARCHITECT: Ventura Group Architects
2207 Ventura Boulevard
Camarillo, CA 93010
ATTN: Daniel Maloney
M. INDEMNITY
ARCHITECT shall defend, indemnify, protect and hold harmless CITY and
its agents, officers and employees from and against any and all claims
asserted or liability established for damages or injuries to any person
or property, including injury to ARCHITECT's employees, agents or
officers which arise from or are connected with or are caused or
claimed to be caused by the acts or omissions of ARCHITECT and its
agents, officers or employees in performing the work under this
agreement, and all expenses of investigating and defending against such
Claims or liability. ARCHITECT's duty to indemnify and hold harmless
shall not include any claims or liability arising from the established
sole negligence or willful misconduct of CITY and its agents, officers
and employees.
N. WORKERS.COMPENSATION
ARCHITECT shall be 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
according to the provisions of that code and shall comply with those
provisions before performing work under this agreement.
0. INSURANCE
1. Public liability and property damage. ARCHITECT shall pay for and
maintain public liability and property damage insurance which
shall protect CITY and its employees against loss from liability
imposed by law from damages on account of bodily injury, including
death resulting from bodily injury, suffered or alleged to have
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been suffered by any person, resulting directly or indirectly from
the negligent performance or execution of this agreement by
ARCHITECT or any subcontract with ARCHITECT. This insurance shall
also protect CITY and its employees against loss from liability
arising out of the use and operation of automobiles, trucks, and
other mobile equipment. All required public liability and
property damage insurance shall run for the period of performance
under this agreement. The amounts of this insurance coverage
shall not be less than the following:
public liability - $300,000 single limit
property damage - $300,000 single limit
2. Professional errors and omissions. ARCHITECT shall pay for and
maintain professional errors and omissions insurance in the amount
of $100,000 minimum which shall protect CITY and its employees
against loss from liability imposed by law from damages on account
professional errors and omissions.
P. ENFORCEMENT 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 may recover
from the other party its reasonable costs and attorney's fees spent in
connection with such an action.
Q. ENTIRETY AND INTEGRITY OF AGREEMENT
This document represents the.entire and integrated agreement between
CITY and ARCHITECT and supersedes all prior negotiations,
representations, or agreements, either written or oral. This document
may be amended only by written instrument, executed by both CITY and
ARCHITECT. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State
of California.
SECTION III. SCOPE OF ARCHITECT'S WORK
A. GENERAL
ARCHITECT shall conduct the work in the following consecutive phases:
- programming
- schematic design
-final design
- construction documents
- construction contract bidding and award
- construction
- closeout
Details of the schematic design and final design phases shall be
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incorporated into this agreement by written amendment after completion
of the programming phase if CITY elects to proceed with those phases.
Details of the construction documents through closeout_ phases shall be
incorporated into this agreement by written amendment after completion
of the final design phase if CITY elects to proceed with those phases.
B. PROGRAMMING PHASE
1. Objectives:
a. to affirm the findings and conclusions of the concept design
b. to establish a framework for the schematic design
C. to assess the adequacy of the old library building's
structural, electrical and mechanical systems
d. to determine if converting the old library building to office
space is workable and cost - effective
2. Work products
a. interior and architectural design program (45% of phase)
b. structural assessment of the old library building (15% of
phase)
C. mechanical assessment of the old library building (10% of
phase)
d. electrical assessment of the-old library building (10% of
phase)
e. feasibility report (20% of phase)
3. Required meetings in San Luis Obispo:
a. interviews with building users
b. meetings with the project manager
C. inspections of premises
4. Fee: $15,000.00
5. Time for completion: 30 calendar days
This agreement is executed by the following authorized representatives:
FOR VENTURA GROUP ARCHITECTS: FOR CITY OF SAN LUIS OBISPO:
oon.n'Dunin
date date
ATTEST: VZ.W� A
City I Clerk Pamela oges
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RESOLUTION NO. 6057 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1150 (STONERIDGE ONE)
(JOHN E. AND CAROLE D. KING, SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning Tract 1150 as
contained in Resolution No. 5322 (1984 Series), and
WHEREAS, all conditions required per Resolution No. 5322 (1984 Series) have
been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1150 and the City hereby accepts the offers of dedication for public park
and street purposes in accordance with Conditions 12 and 17 of Resolution No.
5322 (1984 Series) and Lot A upon acceptance of the subdivision improvements.
The City hereby quit claims that portion of access easement to Edna Saddle
water tank within Tract 1150 boundary (replaced by public streets) and accepts
an easement to accommodate modified access to the water tank.
On motion of Councilman Griffin , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing Resolution was passed and adopted this 2nd day of
September , 1986.
ATT T: /
CIT CLERK PAMELA VO S
R 6057
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ATT T: /
CIT CLERK PAMELA VO S
R 6057
Resolution No. 6057 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
City At rney
Community Development Director
City E ineer
jk3 /t1150fin
by
RESOLUTION NO. 5322 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1150
(STONERIDGE ONE) LOCATED AT 2877 BROAD 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 1150 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 specific plans.
2. The design and improvements of the proposed subdivision are consistent with the
general plan and specific plans.
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 environmental damage or substantially avoidably injure fish
or wildlike 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 negative declaration filed by the Community Development Director for the
project is appropriate with mitigation measures as follows:,
A. All proposed housing units shall be.below the gravity flow water service
limit.
B. Houses built on lots 2 through 16 shall incorporate special architectural
features to minimize potential privacy and aesthetic conflits with
adjacent houses to the north on Lawrence Drive.
C. Solar access shall be preserved for all lots to the maximum extent
possible.
D. Drainage easement, detention basin (phase two), and improvements along the
Lawrence Drive neighborhood boundary shall be per staff's September 10,
1980 initial study recommendation (page 10, item 5) to the approval of the
City Engineer.
R 5322
Resolution No. 5322 (1984 Series)
Tract 1150
Page 2
9. The optional subdivision design and improvement standards proposed are
appropriate for this project in that:
A. That the property to be divided is of such size or shape, or is affected
by such topographic conditions, that it is impossible, impractical or
undesirable, in the particular case, to conform to the strict application
of these regulations.
B. That cost to the subdivider of strict or literal compliance with the
regulations is not the sole reason for granting the modification.
C. That the modification will not be detrimental to the public health, safety
and welfare, or be injurious to other properties in the vicinity.
D. That granting the modifications is in accord with the intent and purposes
of these regulations and is consistent with the general plan and other
plans of the city.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1122
be subject to the following conditions:
1. Street lighting design should be appropriate to hillside development and shall
be approved by the Architectural Review Commission and City Engineer subject to
acceptance by PG &E of the fixtures and verification by subdivider that no
greater energy costs to the city would result compared with standard street
lights.
2. Subdivider shall extend sewer and water lines to ends of all dead -end streets
to satisfaction of the City Engineer.
3. Subdivider shall install 8" sewer mains in through streets and 6" sewer mains
in cul -de -sac.
4. Subdivider, shall provide public utilities easements to the approval of all
utility companies and City Engineer.
5. Subdivider shall install water lines throughout the tract sized to provide 1000
gallons per minute fire flow at all fire hydrants.
6. Sewer line elevations shall be set to ensure grades to provide sewer capability
to the area west of subdivision shown on General Plan as minor annexation
area.
7. Stoneridge Drive shall include a minimum 4 foot wide parkway (including any
fencing or retaining wall) along the southerly tract boundary between Broad
Street and easterly boundary of Lot 40. The parkway shall include concrete
sidewalk, turf stone, or landscaping to be installed by the subdivider to the
approval of the Community Development Director.
Resolution No. 5322 (1984 Series)
Tract 1150
Page 3
8. The Stoneridge street section shall be a minimum 36 feet wide at its easterly
portion, (curb -to -curb) with 4 foot sidewalk on the north side. Corner
bulb -outs at project entry shall allow a minimum 30 feet curb -to -curb street
width, to the approval of the City Engineer and Community Development
Director.
9. Subdivider shall show on the final map a 1 foot wide no access strip along the
southerly tract boundary from Broad Street to the easterly boundary of Lot 40.
10. Subdivider shall extend Rockview Place from tract boundary to Perkins Lane.
Subdivider shall install full street pavement curb, gutter and sidewalk on both
sides of Rockview Place extended.
11. Subdivider shall purchase necessary right -of -way from the City of San Luis
Obispo to extend Rockview Place prior to recordation of the final map. The
remaining portion of city -owned lot shall be landscaped by the subdivider to
the approval of the Community Development Director.
12. Subdivider shall extend Bluerock Drive to westerly line of proposed park. A
1 -foot wide no acess strip shall surround the street stub. Subdivider shall
provide full street improvements (curb, gutter, sidewalk and street trees)
across park frontage of said street extension. Proposed park shall be
contiguous with the westerly boundary of Lot 27 with compensating reduction in
area on the northwesterly side of the park.
13. Subdivider shall relocate access road to city water tank and provide surface
treatment on said road equal to existing surface, to the satisfaction of the
City Engineer.
14. Subdivider shall dedicate a 1 ft. no access strip at the ends of all dead end
streets.
15. Subdivider shall construct above - ground drains for lots 1 through 13 and 27
through 37 to the approval of the City Engineer, consistent with Exhibit B. A
10 -ft. drainage easement shall be granted to the city over said drains.
16. Subdivider shall obtain prior permission from State Department of
Transportation to allow drainage to the Broad Street storm drain. If
permission is not granted, affected lots shall remain in open space unless an
alternate provision to drain the lots is approved by the City Engineer.
17. Subdivider shall grant an irrevocable offer to dedicate to the city the
proposed park (1.5 acres). Subdivider shall improve park with turf ground
cover and automatic sprinkler system to the satisfaction of the Public Works
Department.
18. Subdivider shall remove all existing buildings, structures, foundations and
fences within tract boundary and shall dispose of on -site wells to the
satisfaction of the Chief Building Inspector and County Health Department.
u
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Resolution No. 5322 (1984 Series)
Tract 1150
Page 4
19. Subdivider shall address all lots in the tract as shown on the city - approved
addressing plan.
20. Final map shall show street name of Blue Rock Drive for portion of street
identified as Stoneridge Drive along southerly boundary of the tract and Blue
Rock Court for cul -de -sac off said street.
21. Final map shall delete the remnant lots between the tract boundary and city
limits that are not buildable .lots and include them in the "not a part"
portion.
22. Tentative map hereby approved shall expire 24 months from the date of adoption
of this resolution, unless extended by later action of the council.
23. Subdivider shall submit declaration of covenants, conditions and restrictions
(CC&R's) prior to final map approval for review and approval by the Community
Development Director and City Attorney. The CCSR's shall contain minimum
performance standards for maintenance of structures, landscaped areas, solar
easements, and provision for access easements for homeowner maintenance of
garages at zero setback; and shall be recorded concurrent with final map.
24. Final map shall note lots 1, 22 through 26, 37, 39 and 40 are sensitive sites
requiring architectural review and approval by the Community Development
Director prior to development.
25. Subdivider shall install mailboxes to the approval of the Postal Service.
Design and location shall be approved by the Architectural Review Commission.
26. Subdivider shall propose and install street trees that have large canopies to
the satisfaction of the Community Development Department staff.
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 6th day of March ,
A G R E E M E N T
THIS AGREEMENT dated this 2nd day of September, 1986by and
between JOHN E. KING AND CAROLE D. KING 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 1150, City of San Luis Obispo, California, as approved by the City
Council, on the day of , 19_
WHEREAS,the Subdivider desires that said Tract 1150 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:
W
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.
0
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
ninety (90) days of said recording date, unless an extension has been
granted by the City, 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
C!
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 and /or has paid
the respective fees:
1. The Subdivider shall deposit a monumentation bond of $1,040.00 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 $5,417.00 (4.67 AC x
$1160/AC).
3. The Subdivider shall receive full credit for dedication of a park, per
condition 17 of Resolution No. 5322 (1984 Series).
4. The Subdivider shall be responsible for landscaping the park, and
Stoneridge Drive parkway, according to the conditions of approval, and
approved plans, and shall be responsible for maintenance for one year after
acceptance of work as complete.
5. The Subdivider shall purchase right -of -way for and improve Rockview Lane
between Perkins Lane and this subdivision to the approval of the Public
Works Department (Condition No. 11, Resolution No. 5322 [1984 Series]).
(Paid 5/8/86 ")
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
J
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, (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 $52,500.00 and which is in
the amount of the estimated cost of remaining 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 require a guarantee bond in the amount of $52.500.00, 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
C
I�'D
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 /cash deposit in the amount of $100,000 which amount is deemed
sufficient to guarantee payment for labor and materials.
Said Subdivider has deposited with the City the total sum of
510,000.00 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
$10,000.00, 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.
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
® e
ATTE
CI Y CLERK PAIffL6VOGES
Approved as to form:
City Frn veer
Agr -1150
by
6
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U
RESOLUTION NO. 6056 (1986 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD
CONTROL DISTRICT 9
WHEREAS, the City of San Luis Obispo is a participant in San Luis
Obispo County Flood Control District Zone 9; and
WHEREAS, the City of San Luis Obispo is eligible for monies for
designated repair and maintenance programs in city creeks.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The certain agreement attached hereto and incorporated
herein by reference approving an agreement between the City of San Luis
Obispo and San Luis Obispo County Flood Control District Zone 9 is hereby
approved and the Mayor is authorized to execute the same.
On motion of Councilman Griffin , seconded by Councilwoman Rappa, and
on the following roll call vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing Resolution was passed and adop is 2nd day of September, 1986.
® V
AT ST:
CI CLERK PAMELA tES
R 6056
Resolution No. 6056 (1986 Series)
Page Two
APPROVED:
City Administrative Officer
City #torney
City
zone9c- res /corp yd
pr
F716,
,F51
BEFORE THE BOARD OF SIV ERVISORS
of the
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
- - Tues September 23 86
day----------=-----------,19-----
PRESENT: Supervisors Jerry Diefenderfer, William B. Coy, Evelyn Delany,
Carl Hysen and Chairman Ruth Brackett
ABSENT: None
RESOLUTION NO. 86 -400
RESOLUTION APPROVING COOPERATIVE AGREEMENT
BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, ZONE 97 IN THE
CITY OF SAN LUIS OBISPO, FOR STREAMSED CLEARING,
GIANT REED ERADICATION, AND EROSION CONTROL PROJECTS
The following resolution is hereby offered and read:
WHEREAS, Flood Control Zone 9 has had an ongoing streambed
clearing program which encompasses the main streams of the San Luis
Obispo Creek system; and
WHEREAS, the past three years Flood Control Zone 9 and the City
of San Luis Obispo have cooperated and successfully carried out the
streambed.cl-earing program; and
WHEREAS, the Zone 9 Advisory Committee has considered a number
of projects recommended for construction within the City of San Luis
Obispo; and
WHEREAS, the 1986 -87 budget includes an appropriation of
$130,000 for small improvement projects; and
WHEREAS, Flood Control. "Zone 9 has, along with the streambed
maintenance program and small improvement projects within the City
and throughout the. San Luis Obispo Creek system, a growth of giant
reeds which have proved a streambed and watershed problem,; and
WHEREAS, the 1986 -87 budget includes $90,000 for the streambed
clearing program and the giant reed eradication program.
NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDERED that the
attached Agreement between San Luis Obispo County Flood Control and
Water Conservation District, Zone 9, and the City of San Luis Obispo
for the streambed clearing program, the giant reed eradication
program, and the small improvement projects program within the City
limits, is hereby approved and the Chairman of the Board is directed
to execute same on behalf of San Luis Obispo County Flood Control
and Water Conservation District, Zone 9.
On motion of Supervisor Delany , seconded by
Supervisor Diefenderfer , and on the following roll call
vote, to -wit:
AYES: Supervisors Delany, Diefenderfer, Coy, Hysen,
Chairman Brackett
NOES: None
ABSENT :None
ABSTAINING: None
the foregoing resolution is hereby adopted.
RUTH E. BRACKETT
ATTEST: Chairman of the Board of Supervisors
FRANCIS M. COONEY
Clerk of the Board of Supervisors
Co. Eng. M /ds
4098x
STATE OF CALIFORNIA,
County of San Luis Obispo, } u'
1� _-- - - - - -- FRANCIS M. GOONEY---------- - - - - -- County Clerk and ex -officio Clerk
of the Board of Supervisors of the San Luis Obispo County Flood Control and Water Conservation District,
do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Super-
visors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this --- _____28th__
day of ______ September - - - -__ 19___ 86
[SEAL]
- - - -- FRANCIS _M __CQ_QNZy ------- - - - - --
County Clerk and Ex- Officio Clerk of the Board
of Supervisors
By �.[1 `----- '-- - - - - --
DeAty Clerk.
T ,
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
PROGRAM AND EROSION CONTROL PROJECTS
This Agreement entered into the 2nd day of September , 1986,
between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as "Zone 9 ")
and the City of San Luis Obispo (hereinafter referred to as "City ");
W I T N E S S E T H
WHEREAS, Zone 9 since its inception, has had a streambed
clearing program which encompasses the mainstreams of the San Luis
Obispo Creek system; and
WHEREAS, certain reaches of these streams lie within the City
of San Luis Obispo; and
WHEREAS, the City has also had a streambed clearance program;
and
WHEREAS, the program within the City of San Luis Obispo shoulc
be more economically performed if one agency accomplished the
streambed clearance program; and
WHEREAS, such a cooperative program was successfully carried
out in fiscal years 1983 -84, 1984 -85, and 1985 -86; and
WHEREAS, Zone 9 work has been accomplished with the cooperation
of personnel from the California Conservation Corps; and
WHEREAS, a continuation of the cooperative program between Zone
9 and the City could still involve the assistance of the California
Conservation Corps; and
WHEREAS, it is in the public interest that Zone 9 and the City
understand and agree to the services to be performed by each with
respect to the streambed clearing program; and
WHEREAS, the Zone 9 Advisory Committee has considered two small
improvement projects on San Luis Obispo Creek and on Stenner Creek
recommended for construction within the City of San Luis Obispo, and
the completion of the work on the Reservoir Canyon Debris Basin,
whicn lies outside the City limits but which benefits the City and
Zone 9; and
WHEREAS, it is to the mutual benefit of the Flood Control Zone
9 and the City of San Luis Obispo to cooperate on the needed small
improvement projects; and
WHEREAS, the 1986 -87 budget appropriates $130,000 for small
improvement projects; and
WHEREAS, Flood Control Zone 9 has, along with the ongoing
streambed maintenance program and small improvement projects within
the City and throughout the San Luis Obispo Creek system, a growth
of Giant Reeds which have proved to be a maintenance problem; and
WHEREAS, appropriate maintenance management leading to the
control and /or eradication of the Giant Reed is necessary; and
WHEREAS, the 1986 -87 budget appropriation includes $90,000 for
the streambed clearing program and the Giant Reed Eradication
Program.
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, Zone 9 and
City mutually covenant and agree as follows:
STREAMBED CLEARING AND GIANT REED ERADICATION PROGRAM:
1. Zone 9 and City will accomplish streambed clearing within the
San Luis Obispo Creek watershed with the City being responsible
for the prompt and efficient execution of the entire program
within the City limits and Zone 9 being responsible for the
prompt and efficient execution of the balance of the program in
the unincorporated portion of the zone..
2. Zone 9 and City will accomplish Giant. Reed removal within the
San Luis Obispo Creek watershed with the City executing the
entire program within Zone 9.
3. The City shall be provided not more than $53,400 of the funds
budgeted in Zone 9 in the 1986 -87 fiscal year for the streambed
clearance program and an additional sum of not more than
$30,000 for the Giant Reed eradication program.
4. Zone 9 will reimburse the City, within the limits set forth in
paragraph 3 above, upon receipt of evidence of work performed
on the basis of monthly statements submitted for payment.
2
5. All streambed maintenance work provided for by this agreement
shall be done in accordance with the following provisions of
the 1979 Memorandum of Understanding: "Work performed under
this agreement will be conducted within the following streams:
a, San Luis Obispo Creek
b. Lower watershed of Laguna Lake, including Prefumo
Creek but not Sycamore Creek
C. Old Garden Creek to Foothill Boulevard
d. Stenner Creek
e. Brizziolari Creek
Local drainage facilities such as subdivision drains, curbs,
gutters and streets and minor drainage ways not listed above
would be the responsibility of the jurisdiction within which
boundaries the facility lies, or the responsibility of the
private property owner if the facility is not publicly owned.
The streambed maintenance work is envisioned to generally
involve removal of debris which adversely affects the capacity
of the waterways or which might create a greater expense for
its removal at a different location if moved by flood flows at
a later date. It would also involve some streambed vegetation
maintenance to maintain streambed capacity. It would not
include streambed maintenance to the origin of each stream but
primarily include the lower reaches of each stream system. It
would not include abatement of flood hazards under the City's
abatement ordinances. It is also understood that all streambed
maintenance work will be performed under permit from the State
Fish & Game. Permits for work inside the City limits shall be
obtained by the City. Permits for work outside of the City
limits shall be obtained by the County Flood Control Zone 9."
6. The streambed maintenance program is a flood control program
and City shall use funds provided under this agreement for only
that purpose.
7. Consistent with previous practices, there shall be an annual
reconnaissance survey made by City and County within their
respective jurisdictions of needed works and such shall be done
reasonaoly before the rainy season in order that the needed
3
streambed clearing program can be carried out prior to the
rainy season with follow -up work done during the rainy season
as appropriate.
8. For control of vegetation., principally willows, the streambed
maintenance program may be accomplished with the use of State
Fish & Game approved herbicides. In this regard, Zone 9's
spray equipment will be made available to City forces and Zone
9 herbicides will be made available to City forces if City so
desires and the costs thereof are to be included in the City's
share of the work.
9. Within the City of San Luis Obispo, City shall be responsible
for acquiring any landowner permission needed to accomplish the
streambed clearing program.
10. The City shall act as the lead agency in complying with the
California Environmental Quality Act for work done within the
City limits.
11. Zone 9 will assist City in obtaining California Conservation
Corps' cooperation on work within the City limits and will be
responsible for arrangements with the California Conservation
Corps for work outside of the City limits but within the Zone 9
boundaries.
12. Should the streambed clearing program within the City involve
the abatement of nuisances, the removal of trees, or the like,
such shall be performed in accordance with due process of law
under the City's abatement ordinances or State law and shall be
the sole responsibility of City.
STREAMBED IMPROVEMENT PROGRAM:
13. Zone 9 and City shall jointly accomplish the following
streambed improvement projects: (1) an improvement project on
San Luis Obispo Creek near Dana Street, at an estimated cost of
$307000; (2) an improvement project on Stenner Creek near
Nipomo Street -Peach Street - Brizzolara Street, at an estimated
cost of $40,000; and (3) completion of the work on the
Reservoir Canyon Debris Basin, at an estimated cost of $25,000.
14. City shall perform all design drawings and related services for
said improvement projects and shall do so in a manner so that
4
the projects can be constructed in the field by personnel with
little or no construction training or experiences. City shall
also act as the lead agency in complying with the California
Environmental Quality Act.
15. Zone 9 shall reimburse City for not more than $95,000 all of
the said improvement projects and any expenditures made by City
in excess of that amount shall be paid at the sole expense of
City.
16. Construction Labor. City will contract and arrange for
California Conservation Corps (CCC) personnel to do the actual
construction work. On- the -job supervision will be supplied by
City and California Conservation Corps. If CCC is, or becomes
unavailable to do the construction work, City will attempt to
provide replacement labor.
17. Heavy Construction Equipment. City will supply and maintain
all heavy construction equipment reasonable and necessary to
the completion of the said improvement projects, provided City
already owns the necessary equipment. In the event the scope
of the construction requires heavy equipment which the City
does not own, Zone 9 shall supply and maintain such additional
heavy equipment, however, any costs incurred by Zone 9 in so
doing shall be charged against the total cost of $95,000 for
the said improvement projects.
18. Maintenance. City shall maintain all completed works at no
cost to Zone 9.
19. Ownership and Liability. City shall assume ownership and
liability for the completed works.
GENERAL TERMS:
20. Term. This agreement will commence on July 1, 1986 and
terminate on June 30, 1987.
21. Indemnification and Sole Conduct. Each party hereto shall
defend, indemnify and save harmless the other party and other
party's officers, agents and employees from and against all
claims, demands, liability cost, expense, damages, causes of
action, including but not limited to inverse condemnation and
judgments arising out of the sole negligence or sole
5
intentional acts of the party or its officers, agents or
employees or independent contractors solely responsible to such
party in performing or attempting to perform pursuant to the
provisions of this agreement including both acts and omissions
to act.
22. Indemnification for joint conduct between Zone 9 and the City.
The City shall defend, indemnify and save harmless County, and
its officers, agents and employees from and against any and all
claims, demands, liabilities, costs, expenses, damages, causes
of action including but not limited to inverse condemnation and
judgments arising out of the joint negligence or joint
intentional acts of City and Zone 9 and their officers, agents,
employees or independent contractors directly responsible to
them in performing or attempting to perform pursuant to the
provisions of this agreement including both acts and omissions
and t6 act provided however that County shall be solely
responsible for the amount of judgment rendered solely against
the Zone 9 or one of its agents or employees if such judgment
is specifically rendered in court finding of responsibility by
Zone 9 or one of its agents or employees for an act of
negligence and City shall not be required to indemnify Zone 9
for such judgment. Likewise City shall be solely responsible
for any judgment rendered solely against it or its agents or
employees which is based upon acts or omission by it or one of
its agents or employees.
23. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations.
0
6
IN WITNESS WHEREOF Zone 9 and City have executed this contract
on the day and year first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT,
Zone 9
B h
Chairman or the Board or Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
as
Dat
ATTEST:
oi-m*� ('� '--00S
Cit Clerk, Pamel Voges
M /ds
4098x 0013k
m
Date
CITY OF SAN LUIS OBISPO _
B
Ma r, on Dunin
7
Q EST:
Clerk, Board of Supervisors
�� -7 �
.�-
i'�)
RESOLUTION NO. 6055 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 998
95 Stenner Street
WHEREAS, the Subdivision improvements for Tract 998 have been
satisfactorily completed, and
WHEREAS, the Subdivider has requested acceptance of the improvements,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that the public improvements for Tract 998 are hereby accepted for maintenance
by the City of San Luis Obispo and the Council authorizes the release of 90% of
the Faithful Performance bond in accordance with the subdivision agreement.
On motion of Councilman.Griffin , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmembers Dovey and Settle
the foregoing Resolution was passed and adopted this. -2nd day of Septembez
1986.
ATTEST:
CIT CLERK PAMELA VrV7PS
R 6055
Resolution No. 6055 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
City Att .ney
Community Development Director
&-tip^
City ineer
jk3 /t998acc
by
� O
�%�
����
RESOLUTION NO. 6054 (1986 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND
PACIFIC VENTURES, FOR THE INSTALLATION
OF THE TANK FARM ROAD /RAILROAD BRIDGE
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
Pacific Ventures, a California joint venture of Roadrunner, a California
limited partnership, and Eastwinds, NV., a Netherlands Antilles corporation,
referred to herein as DEVELOPER, 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: Pacific Ventures and City
Engineer.
On motion of Councilman Settle , seconded by Councilwoman Rappa m
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:
CITY CLERK PAMELA V0� (((JJJ
R 6054
U
Resolution No. 6054 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
i
I
City Attor y
City gineer
jk3 /tfr -spry
by
,D
This AGREEMENT (the "Agreement" herein), entered into on
August 19 , 1986 is between
Pacific Ventures, a California
joint venture of Roadrunner, a
California limited
partnership, and Eastwinds,
N.V., a Netherlands Antilles
corporation, referred to
herein as DEVELOPER,
AND
City of San Luis Obispo, a
body politic and a municipal
corporation of the State of
California, referred to herein
as CITY
(A) DEVELOPER owns the "Islay Hill" portion of that real
property located within CITY which is subject to the Edna Islay
Specific Plan, which specific plan has duly been adopted pursuant
to Resolution No. 4733 (1982 series) by the City Council of CITY.
(B) A condition to the development of DEVELOPER'S said real
property is the extension of Tank Farm Road across tracks owned
- and operated by-Southern Pacrfic- Transportation -Company
( "RAILROAD" herein) to DEVELOPER'S property.
(C) CITY is prepared to enter an agreement with RAILROAD, a
copy of which (along with its attachments) is marked Exhibit A,
attached hereto, and by this reference made a part hereof. Said
agreement is referred to below as the "Railroad Agreement." CITY
will enter the Railroad Agreement at such time as DEVELOPER
requests if DEVELOPER first provides adequate assurance to CITY
that CITY's risks, liabilities, and costs arising from its doing
so will be limited as provided in this Agreement.
NOW THEREFORE, CITY and DEVELOPER agree as follows:
1. DEVELOPER agrees to provide at its expense plans,
specifications and all necessary construction engineering
services for the "Structure" as described in the Railroad
Agreement except for those inspection, construction and other
services agreed-in the Railroad Agreement to be provided by
RAILROAD at its expense.
2. Until receipt of written request from DEVELOPER, CITY
shall incur no expense or obligation to RAILROAD which is payable
by DEVELOPER pursuant to this Agreement.
2
M
C
3. Upon making its written request to CITY as described in
Paragraph 2, above, DEVELOPER agrees to construct and complete
the Structure, by contract, in accordance with the plans and
specifications provided by DEVELOPER pursuant to Paragraph 1,
above, and approved by CITY and.RAILROAD.
4. Prior to, or concurrently with, DEVELOPER's written
request to CITY, DEVELOPER shall provide to CITY a bond or other
security complying with Section 66499, et. seq., of the
- California Government Code to insure-faithful performance -of -this
Agreement and to secure payment to DEVELOPER's contractors,
sub - contractors, and suppliers of equipment, materials, services
and labor for the Structure and to guarantee CITY for all costs
of work of improvement, engineering and inspection done or
incurred by reason of CITY's entering the Railroad Agreement,
except for maintenance after completion and acceptance of
dedication of the Structure.. Developer shall warranty all work
against defects in materials and workmanship for a period of one
(1) year after acceptance by the City. In accordance with
Section 66499.7 and Section 66499.9 of the Government Code of the
State of California, upon final completion and acceptance the
City will release all but ten percent. (10%) of security, that
being deemed sufficient to guarantee faithful performance by the
developer of his obligation to remedy any defects in the
improvements arising in a period of one (1) year following the
completion and acceptance thereof, against any defect in work or
labor ,done or defective materials furnished in the performance of
this agreement.
3
5. DEVELOPER shall, prior to commencement of construction
of Structure, demonstrate to CITY that DEVELOPER and DEVELOPER's
contractors have complied with all insurance requirements on
behalf of CITY pursuant to the Railroad Agreement and that any
contracts awarded by DEVELOPER contain all provisions required by
RAILROAD pursuant to the Railroad Agreement.
6. Upon completion of the Structure, DEVELOPER shall cause
it to be offered for dedication to CITY and CITY shall accept the
offer of its dedication: -- --
7. CITY hereby assigns and agrees to assign its rights
under the Railroad Agreement and DEVELOPER assumes and agrees to
assume all of CITY's duties and obligations thereunder except for
those duties of maintenance and repair which arise after
dedication of the structure and (ii) are not covered by the
warranty set forth in paragraph 4. DEVELOPER agrees, upon such.
assignment and assumption, to indemnify, defend and hold CITY
harmless from all claims or damages arising from the negligence
of DEVELOPER, its contractors, sub - contractors and agents in the
performance of the Railroad Agreement..
8. CITY and DEVELOPER acknowledge that DEVELOPER may sell
its real property which is subject to the Edna Islay Specific
Plan prior to completion of the Structure. CITY agrees that
DEVELOPER may assign its interest under this Agreement to its
successor -in- interest provided that said successor -in- interest
4
expressly assumes all of the duties herein of DEVELOPER and
further provides security to CITY equivalent to that provided by
DEVELOPER hereunder.
Executed in duplicate originals this 19th day of August ,
1986 at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO DEVELOPER
By: PACIFIC VENTURES,
a California joint venture
Attest:
ty Clerk Parcel oges By: Roadrunner,
- a California - limited partner- _._._.
ship, a t venture r
By:
Ro Rossi, General Partner
By: Eastwinds, N.V.,
a Netherland Antilles
Corporat ftoo nt ve nture
partner //lJ
129/P
5
By:
�IV414J l •.�A Y.4 Vl.ill,
Attorney -in -Fact
RECORDING REQUESTED BY:
_ FIRST AMERICAN TIT INSURANCE CO. 1726702`37° i 6.u:rr
AFTER RECORDING Mhi T0; DOC..NO. 3332
:
FiP�,rA•ytERICAN TITLE- INSURANCE CO. OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
POWER OF ATTORNEY
JAN 261982
fry ���1 KNOW ALL MEN BY THESE PRESENTS: WILLIAM E. ZIMARIK
COUNTY RECORDER
v=
TIME
that the undersigned, EASTWINDS N.V., 1 1 2 0 AM
a corporation established in Curacao, Netherlands An'til'les';' "'
does hereby make, constitute and appoint
� Mr. Douglas F. Murdock of Graham & James, One Maritime
l� Plaza, Suite 300, San Francisco, California 94111, the
_.� . .. ... true and lawful attorney -in -fact for the undersigned
corporation and in its name, place and stead, on its
behalf and for its benefit, to contract for, purchase,
receive, take lands, tenements and hereditaments, and
accept the seising and possession of all property and
all deeds and other assurances in the law therefore,
and to lease, let, sell, release, convey, mortgage,
convey by way of deed of trust, and hypothecate lands,
tenements, and hereditaments upon such terms and
conditions, and under such convenants as he shall
think first, also bargain for, buy, sell, mortgage,
hypothecate, and in any way and every way and manner
deal in and with goods, choses in action, and other
property and possession or an action, and to do
every kind of business of what nature of kind soever
as maybe in accordance with the legal purposes of
the corporation,' and also for the corporation and in
its name and stead and as its act and deed to make,
sign, seal, execute, acknowledge, and deliver deeds,
leases and assignments of lease, convenants, indentures,
agreements, mortgages, and reconveyances thereunder,
hypothecations, letters of credit, bills of lading, bonds,
notes,.checks, receipts; evidences of debt, releases
and satisfactions.of mortgages, judgments, and other
debts, and such other instruments in writing of whatever
kind and nature as may be necessary, convenient, or
proper in the premises including assignments of accounts,
also, in case of loss by fire, or otherwise, to
adjust insurance losses.
Giving unto said attorney -in -fact full power to
perform every act and thing which he may think necessary
to be done in accordance with the lawful purposes of said
company, as fully and to all'intents and purposes as
its managing directors might or could do if personally
present, hereby:ratifying and confirming all that
said attorney -in -fact has done and shall lawfully do
or cause to be done by virtue of these presents.
Signed in Curacao on this 6th day of February 1980
von 2384v- +u 29
6
j
2 .
�JJ I
t =vz✓ d EASTWINDS N.V.
.•.:.:;tD:' =' FEB. 1980
w q
v
GURP A T�ti N.V.
t
Corporate Trust N.V.
Managing Director
By: G.J. Roos
Managing Director.
On this 6th day of February 1980, before me, Ferdinand
Josephus LambertusMarie Steeman, a notarial candidate
residing in Curacao, legally deputizing for Dr. J.A.
Schiltkamp, a Civil Law Notary of Curacao, fully commissioned
and sworn, personally appeared Mr. Gerard Jan Roos, known to
me to be the managing director of Corporate Trust N.V., which
corporation is a managing director of EASTWINDS N.V.,
a Netherlands Antilles corporation, which said corporation
i
executed the within instrument, and further known to me to
be the person who executed said instrument on behalf of
the said corporation therein named, and acknowledged to me
that such corporation executed the within instrument pursuant
to its Articles of Incorporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the Island of Curacao, City of Willemstad,
the day and year in the certificate first above written.
r� '9
F. Steeman.
Yoe 2384E330
I
NETHERLANDS ANTILLES
ISLAND OF CURACAO
= OF WILLEMSTAD SS: .. ....................................... ............................... .
..............
CONSULATE GENERAL OF THE
UNITED STATES OF AMERICA
1, Michael R. Strachan Vice Consul of the United States of
1
America at Curagao,- Netherlands Antilles, duly commissioned
and qualified, do hereby certify that the annexed document has
been attested by a person authorized to make the attestation.
For the contents of the foregoing annexed document I assume
no responsibility.
IN WITNESS WHEREOF I have hereunto set my hand and .
affixed the seal of the Consulate General of the United States
of America at Curagao, Netherlands Antilles, this day, 7 FIR had
:T
Michael St achan
Vice onsul of the United States
ra
of America
tokirl rsr 1*1nP11Rrd.r-!kar vnl 23 %.ir,F. 31
V v'
s� -����
7
RESOLUTION NO. 60530986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND SOUTHERN
PACIFIC TRANSPORTATION CO., FOR THE CONSTRUCTION
AND MAINTENANCE OF THE TANK FARM ROAD /RAILROAD BRIDGE
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
Southern Pacific Transportation Company, 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: Southern Pacific
Transportation Company and City Engineer.
On motion of Councilman Settle , seconded by Councilwoman Ranna ,
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:
CITY LERK PAMELA VOGE
* r* x r w* r
R 6053
Resolution No. 6053 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
IZ,�42
City Atto 0 ey
Cirty � neer
jk3 /tfr -sprr
by
�i /�
��, ���o �/���ny�
RELmis: E- 245.28 -X(N)
THIS AGREEMENT, made this 19th day of August -- _, 1986, by
and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation,
herein called "Railroad," and CITY OF SAN LUIS OBISPO, a municipal
corporation of the State of California, herein termed "City ";
RECITALS•
City proposes to construct a highway by means of an
underpass, hereinafter referred to as "structure," upon
certain pro2erty of Railroad, at Tank Farm Road, at or
near San Luis Obispo, in the County of- San--Iuis Obispo; - - - --
Sta_te of California, in the location shown on the print
of Railroad's Drawing D -47811 Sheet 1 of 11 revised
November 13 ,1984, attached and made a part hereof.
The parties now desire to set forth herein their
understandings and agreements relating to the construction
and maintenance of said structure and the changes made
necessary in connection therewith.-
AGREF24ENT i
1. Except as herein otherwise provided, _City shall furnish or cause
to be furnished, all-labor, materials, tools -and equipment for the con - - _
struction of said structure. Said structure_ shall be.constructed --in a-
manner to accommodate Railroad's tracks and in accordance with plans and
specifications which shall be subject to the approval of Railroad.
2.. Railroad, at the expense of the project, shall shift track at
each end of shoofly track, rearrange signal and communication pole line
.facilities, perform signal work to accommodate the single track shoofly
operation and provide preliminary engineering inspection and flagging.
3. City agrees to reimburse Railroad for the cost and expense in
curred by Railroad in connection with the construction or reconstruction
o__ said structure, including but not limited to the items listed on the
insert marked Exhibit "A," attached and made a part hereof. The.estimated
amount of such cost and expense is summarized in said Exhibit "A."
4. All work to be done hereunder by Railroad shall be done only by
its employees working under raiiroad labor agreements and shall be done
on a force account basis or by contract. Railroad shall. submit all
statements of cost to City for payment of work performed by Railroad in
accordance with the Interstate Commerce Commission's System of Accounts fol
Ra il_oad'and on the basis of items set forth in said items of work performe
by .Railroad.
_1-
C.
5. All work contemplated. in -this agreement shall be.performed in
a good and-.worxmanlike manner- to the satisfaction of the parties and
each portion shall be promptly commenced by the party obligated to do
same and thereafter diligently prosecuted to completion in its logical
order -and sequence.
6. The books, papers, records and accounts of the parties, so far
as they relate to items of expense for labor and material, or are in any
way connected with the work herein contemplated, shall at all reasonable
times be open to inspection and audit by the agents and authorized
representatives of the parties.
7. Upon completion of the.construction of said structure, city, at
_.its_..expenseshall maintain same, including pavement, highway drainage,
_
lights and all highway aci i ies;and- Rail-rcad� at- -its -exile shy
maintain tracks, railroad. drainage and all railroad facilities. Any
repair or reconstruction of-Railroad's roadbed, ballast or subgrade.
brought about by.collapse•of City's said structure; or any portion thereof
shall be done by Railroad at City's expense.
Railroad shall be responsible for repair and maintenance.of girders,
bearing pads, railings and waterproofing elements,.which repair and
maintenance is necessary due to damage caused by overloaded trains,
transport and spillage of caustic..materials and inappropriate operations
in maintaining the trackway.
8. In,the event any of the work on property of Railroad, as herein
contemplated, is to be constructed by contract,:the awarded contract shall
include the provisions set forth in Exhibit "B," attached and made a part
hereof. Said work shall not be commenced by.the contractor until:
(a) City has furnished to Railroad.'s authorized
Engineer a copy of said contract executed by
contractor and a public liability and property
damage insurance policy containing an endorse-
ment in substantially the same form incorporated
in said Exhibit "B "; and
(b) Railroad's authorized Engineer has advised City
by letter that the limits, form and wording of.
said insurance policy are satisfactory.
The said public liability and property damage insurance policy or
policies shall be kept in full force and effect by contractor during the
performance of said work upon and adjacent to Railroad's property and
thereafter until contractor removes all tools, equipment. and materials
from Railroad's property and cleans up the premises to a presentable
condition satisfactory to Railroad.
-2-
i
9. City.and contractor shall give reasonable notice to Railroad's
Regional Engineer before commencing any work in connection with said
structure upon or adjacent to Railroad's property, and shall observe.
Railroad's rules and regulations with respect thereto. All work upon
-said structure shall be done at such times and in such manner as not to
interfere with or endanger -the operations of Railroad.
10. This agreement shall inure to the benefit of and be binding
upon the successors and assigns of Railroad and the assigns of City.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
. ... _..._ - ,. - - - ..._..._ .
SOUTHERN PACIFIC TRANSPORTATi�) -- -- --
COMPANY,
By
(Title)
CITY OF SAN LUIS OBISPO,
Dunin,
By c -.
P eLa Voges,
-3-
C.S. F -30
DETAIL OF ESTIMATE
,>H8
03/11/85
GMO NO YR
F -30 i
- -
FILE i E932563/323
D1VN LOS ANGELES
STATION SAN LUIS OBISPO SUBJECT TANK FARM RD LWDERPASS E- 254.28
EIN DESCRIPTION
UN
QUANTITY
LABOR MATERIAL
0TH -(X)ST N-CASH
TOTAL.EIN
TOTAL CASH
WORK TO BE PERFORMED
622 MSS TIES 7X9X9
EA
300.000
0
5672
0
0
5672
5672
SPOT TIES
TF
930.000
3222
0
966
312
4188
3876
TRAVEL - SW & XING GANG
LT
1.000
98
0
126
68
224
156
ENGINEERING
LT
20.000
110
0
15
0
125
125
- —ADDITIVE 71.-1%'--' - -
1:000
_.____._ 0 -
0
2439
- - -0-
- - -- 3439
- 243 -
MTL -ADD 8 Z FRE-SPT
1.000
0
0
453
0
453
453
CONTINGENCIES
1.000
0
0
1021
38
1021
983
*TOTAL EIN 622
3430
5672
5020
418
14122
13704
624 SHIFT TRACKAGE
TF
1,860.000
9206
0
2762
892
11968
11076
TRAVEL - SW & XING GANG
LT
1.000
98
0
1.26
68
224.
156
ENGINEERING
LT
20.000
-220
0
30
1
250
249
ADDITIVE 71.1%
1.000
0
0
6772
0
6772
6772
MTL -ADD 8% FRE -SPT
1.000
0
0
-. 0
0
.. 0
0
CONTINGENCIES
1.000
0
0
1244
96
1244
1148
*TOTAL EIN 624
9524
0
10934
1057
20458
19401
629 FIELD WEDS
EA
12.000
1260
780
0
240
2040
1800
TRAVEL - SW & XING CAM
LT
1.000
78
0
101
54
179
125
ENGINEERING
LT
20.000
44
0
6
6
50
50
ADDITIVE 71.11
1.000
0
0
983
0
983
983
MTL -ADD 8 % FRE -SPT
1.000
0
0
62
0
62
62
CONTINGENCIES
1.000
0
0
227
29
227
198
*TOTAL EIN 629
1382
780
1379
323
3541
3218
633 BALLAST
NT
1,581.000
0
6028
0
0
6028
6028
INSTALL BALLAST
TF
1,860.000
1841
0
552
178
2393
2.215
TRAVEL - SW & XING GANG
LT
1.000
98
0
126
68
224
156
ENGINEERING
LT
20.000
220
0
30
1
250
249
ADDITIVE 71.1%
1.000
0
0
1535
0
1535
1535
MTL -AOD 8 % FRE -SPT
1.000
0
0
482
0
482
482
CONTINGENCIES
1.000
0
0
889
24
889
865
*TOTAL EIN 633
2159
6028
3614
.271
11801
11530
634 N TRACK SPIKES
fA
1,200.000
0
263
0
0
263
263
*TOTAL EIN 655
DEBIT SUNDRIES (CR CASH $5090)
34750 55100 41105 2750 130955 130955
272442
C. S. F -30
DETAIL OF ESTIMATE
JHB
03 /11/85
OW NO YR
F-30 #
FILE # E932563/323
61VN LOS AiMES
STATION SAN LUIS OBISPO SUB,!£CT TANK FARM RD LNDERPASS E-254.28
EIN DESCRIPTION
UN
OWITY
LABOR MATERIAL
OTH -COST W
CASH
TOTAL EIN
TOTAL CASH
634 INSTALL O.T.M.
TF
11860.000
1841
0
552
178
2393
2215
TRAVEL - SW & XING GANG
LT
1.000
98
0
126
68
224
156
ENGINEERING
LT
20.000
132
0
18
0
150
150
ADDITIVE 71.1%
1.000
0
0
1473
0
1473
1473
MTL -ADD 8 % FRE -SPT
1.000
0
0
21
0
21
21
-0-
._._._303 -
.24
- 303
_ 279_ _° -- -
*TOTAL EIN 634
2071
263
2493
270
4827
4557
644 FLA(#iINO
LT
1.000
610
0
3
1
613
612
ENGINEER INSPECTOR
LT
1.000
31200
0
0
0
31200
31200
MEALS & LODGING
LT
1.000
0
0
12600
0
12600
12600
VEHICLE & MILEAGE
LT
1.000
0
0
13879
0
13879
13879
ADDITIVE 71.1%
1.000
-0 -
0
22617
0
22617
22617
CONTINGENCIES
1.000
0
0
5829
0
5829
5829
*TOTAL EIN 644
31810
0
54928
1
86738
$6737
655 INSTALL & REMOVE SIGNALS
LT
1.000
34750 55100
41105
2750
130955
130955
*TOTAL EIN 655
DEBIT SUNDRIES (CR CASH $5090)
34750 55100 41105 2750 130955 130955
272442
EXHIBIT "B"
SECTION 7. RAILROAD RELATIONS AND AGREEMENT
SECTION 7 -.1. RELATIONS WITH RAILROAD COMPANY
.7 -1.01 GENERAL. -- The term "Railroad" shall be understood to mean
the Southern_Pacific Transportation Company.
It i,s expected that the Railroad will cooperate with the Contractor
to the end that the work may be handled in an efficient manner.
However, except for extensions of time for delays in completion of
specific units of work to be performed by the Railroad, the Contractor
sha.l1_have...no,.slaim_.f_or_- damages:, or_extra compens_ati�n in the e_v_ent_. his
a__�
work is held up by any of the work to be performed by the Railroad.
7 -1.02 RAILROAD REQUIREMENTS. -- The Contractor shall cooperate
with the Railroad where work is over or under the tracks, or within the
limits of Railroad property, in order to expedite the work and to avoid
interference with the operation of railroad equipment.
The Contractor shall comply with the rules and regulations of
Railroad or the instructions of its representatives in relation to the
proper manner of protecting the tracks and.. property of Railroad and the
traffic moving on such tracks, as well as the wires,_signals, and other
property of Railroad, its tenants or licenses, at and in the vicinity -
of the work during the period of- construction. -
The Contractor shall perform his work in such manner and at such
times as shall not endanger or interfere with the safe operation of the
tracks and property of Railroad and the traffic moving on such tracks,
as well as wires, signals and other property of Railroad, its tenants or
licensees, at or in the vicinity of the work.
The Contractor shall take protective measures necessary to keep
Railroad facilities, including track ballast, free of sand or debris
resulting from his operations. Any damage to Railroad facilities
resulting from Contractor's operations will be repaired or replaced by
Rai 1. road and the cost of such repairs or replacement shall be deducted
from the'Contractor's progress and final pay estimates'.
Except as otherwise provided herein, the Contractor's operations
shall not infringe on the following minimum clearances from any railroad
track'•
10' - 0" horizontally from center line of track.
23' -0" Vertically above top of rail.
EM
Any infringement on the above temporary construction clearances due
to the Contractor's operations shall be submitted to Railroad for ap-
proval by the Contractor and shall not be undertaken until approved by
Railroad and until the Contractor has obtained any necessary author iza-
tion from the Public Utilities Commission for the infringement. No ex-
tension of time or extra compensation will be. allowed in the event the
Contractor's work is delayed pending Railroad approval and Public
Utilities Commission authorization.
When the temporary vertical clearance is less the 23' -0" above the,
top of rail, Railroad shall have the option of installing tell -tale or
other protective devices the Railroad deems necessary for protection of
railroad trainmen or traffic.
- Six sets of- working - drawings- showi -ng- detaiIs of- cons- truct-i-on -- affect _
ing railroad tracks and property, including those for falsework over the
tracks or shoring of excavations near the tracks, not included in the
contract plans, shall be furnished by the Contractor to the Engineer and
the Contractor shall not begin such work until notified by the Engineer
that such plans have been approved. In no case shall the contractor be
relieved of responsibility for results obtained by the use of said
plans.
The Contractor shall notify the- Engineer_in writing., at least.- 25-.
calendar days but not more than 40 days in advance of the starting date
O installing temporary work with less than permanent clearance at each
structure site. The Contractor will not be permitted to proceed with
work across railroad tracks unless this requirement has been met. No
extension of time or extra compensation will be allowed in the event the
Contractor's work is delayed because of his failure-,to comply with the
requirements in this paragraph.
Except in connection with construction of grade separation struc-
tures on premises of Railroad, no private crossing at grade over tracks
of railroad for the purpose of hauling earth, rock, paving or other
materials will be permitted. If the Contractor, for the purpose of con-
structing highway-railway grade separation structures, including con-
struction ramps thereto, desires to move his equipment or materials
across Railroad's tracks, he shall obtain permission from Railroad; and,
should it be required, the Contractor shall execute a private crossing
agreement. The crossing installation for the use of the Contractor,
together with any protective.devices, if required, shall be at the ex'-
pense of the Contractor. Contractor shall furnish his own employees as
flagmen to control movements of vehicles on the private roadway and
shall take all measures necessary to prevent the use of such roadway by
unauthorized persons and vehicles.
In advance of any blasting, the Contractor shall notify Railroad "in
order that proper flagging protection may be provided.
The Contractor shall, upon completion of the work covered by this
contract, to be performed by Contractor upon the premises or over or
beneath the tracks of Railroad, promptly remove from the premises of
Railroad all of Contractor's tools,,implements and other materials,
whether brought upon said premises by said Contractor or any subcontrac-
tor, employee or agent of.Contractor or of any subcontractor, and cause
said premises to be left in a clean and presentable condition.
7 -1.03 PROTECTION OF RAILROAD FACILITIES.-- In connection with
work performed in railroad crossings, railroad representatives, conduc-
tors, flagmen or watchmen will be provided by Railroad to protect its
facilities, property and movements of its trains, or engines, when in
the opinion of Railroad's representatives same it necessary due to the
Contractor's operations while working on or ad agent to the Railroad's
- property -or its tracks. - - -
--
The cost of all personnel deemed necessary by Railroad and provided
by Railroad for the protection of Railroad facilities and trains during
the period of constructing the separation, and the cost of installing
protective devices in the case of impaired clearance, as above.
specified, shall be borne by the Contractor and sums. sufficient to cover
the claims based upon bills rendered to the political subdivision by
Railroad for such costs will be deducted from the progress and final pay
estimates due the Contractor.
The rates of pay of Railroad employees customarily called upon to
act for the protection of Railroad are the railroad rates in effect at
the time of the work for the various classes of labor. Compensation,-_.
property damage and public liability insurance,' vacation and holiday---
time, Railroad retirement and unemployment taxes, health and welfare,
and supervision charges shall be added to the above rates.
Railroad will, upon request, furnish prospective bidders with an
estimate of cost of the flagging protection which will be required, but
such an estimate shall be understood to be approximate only and no
guaranty is made that the total cost of such flagging will not be in
excess of the estimated amount. The determination of the cost of flag=
ging and protective devices to be used as a basis for the submitting of
bids shall be the responsibility of the prospective bidders.
7 -1.04 WORK BY RAILROAD COMPANY. -- Railroad will rearrange its
telephone, telegraph and signal lines and construct those portions of
the shoofly track shown on the drawing, and will perform any other work
in connection therewith.
The work by the Railroad will be done by its own forces and is not a
part of the work -under this contract.
7 -1.05 DELAYS DUE TO WORK BY RAILROAD. - -. A delay due to work by
the Railroad will be considered to occur whenever:
Minimum Required Performance
Unit of Work Notice, Calendar Days Working Days
Relocate Communication
Facilities 14 15
Install Trackwork 14 5
The Contractor shall notify the Railroad and the Engineer of the
dates when the Contractor will have completed all work necessary to per-
mit the railroad to begin work on each of the above units of work. Such
notice shall be provided, in writing, at least the number of days listed
above under "Minimum Required Notice ", in advance of said dates. If,
after providing such notice, it becomes apparent to the Contractor that
his work will not progress to the stage necessary to permit the Railroad
to begin work on the scheduled date, the Contractor shall file a cor-
rected notice with the Railroad and the Engineer. Should a corrected
notice not be filed in sufficient time to prevent the Railroad from un-
necessarily mobilizing men and equipment, including movement to the ob
.site, any related costs incurred by the Railroad for nonproductive work
shall be borne by the Contractor and sums sufficient to cover the claims
based upon bills rendered to the City by Railroad for such costs will be
deducted from the progress and final pay estimates due the Contractor.
A performance day is defined as any day on which the railroad crew
is performing the unit of work would normally work, except days on which
the crew is prevented by inclement weather or conditions resulting im-
mediately therefrom, as determined by the Engineer, from proceeding with
at least 75 percent of the normal labor and equipment force for at least
60 percent of the total daily time currently spent on the unit of work.
,ti _
(a)
the Contractor has provided the minimum required notice,
as provided herein, as to the date his work will permit
the Railroad to begin work on a specific unit of work
listed in the following table, and
(b)
the Railroad has not completed said specific unit of work
within the number of performance days listed for that unit
after said date or the date when the site was made avail-
able to the Railroad, whichever, is later, and
(c)
in the opinion of the Engineer, the Contractor's opera-
tions are delayed or interfered with by reason of the
Railroad not completing the unit of work on time.
(d)
and the Contractor has provided written notice to the
Engineer that his operations are bei`rhg delayed , or- -- - -_. —_ - - --
interfered with by reason of the Railroad not completing
the unit of work.on time.
Minimum Required Performance
Unit of Work Notice, Calendar Days Working Days
Relocate Communication
Facilities 14 15
Install Trackwork 14 5
The Contractor shall notify the Railroad and the Engineer of the
dates when the Contractor will have completed all work necessary to per-
mit the railroad to begin work on each of the above units of work. Such
notice shall be provided, in writing, at least the number of days listed
above under "Minimum Required Notice ", in advance of said dates. If,
after providing such notice, it becomes apparent to the Contractor that
his work will not progress to the stage necessary to permit the Railroad
to begin work on the scheduled date, the Contractor shall file a cor-
rected notice with the Railroad and the Engineer. Should a corrected
notice not be filed in sufficient time to prevent the Railroad from un-
necessarily mobilizing men and equipment, including movement to the ob
.site, any related costs incurred by the Railroad for nonproductive work
shall be borne by the Contractor and sums sufficient to cover the claims
based upon bills rendered to the City by Railroad for such costs will be
deducted from the progress and final pay estimates due the Contractor.
A performance day is defined as any day on which the railroad crew
is performing the unit of work would normally work, except days on which
the crew is prevented by inclement weather or conditions resulting im-
mediately therefrom, as determined by the Engineer, from proceeding with
at least 75 percent of the normal labor and equipment force for at least
60 percent of the total daily time currently spent on the unit of work.
,ti _
r ,
C` 1
If a delay due to work by the Railroad occurs, an exten-
sion of time determined pursuant to the provisions in Section
8 -1.07, "Liquidated Damages," of the Standard Specifications will
be granted.
Any delay to the.Contractor's operations as a direct result of
railroad facilities not being rearranged due to a strike or labor
dispute, will not be considered to be a delay due to work by the
Railroad and will entitle the Contractor only to an extension of
time as provided in said Section 8 -1.07.
The Contractor shall be
an extension of time for any
either the Owner, the City or
Section 8 -1.09, "Right of Way
cations_ shall_ not apply.
entitled to no compensation other than
delay due to work by Railroad, from
the Railroad. The provisions of
Delays" of the Standard Specifi-
7 -1.06 LEGAL RELATIONS.- -The provisions of this section,
"Relations with Railroad Company" of these special provisions
shall inure directly to the benefit of the Railroad.
7 -2. RAILROAD AGREEMENT. -- Before doing any work on Rail-
road's property, the Contractor shall execute an agreement with
Railroad siimilar to the form of agreement annexed hereto.
As a condition of the agreement with the Railroad, and these
special provisions, the Contractor shall at Contractor's expense
provide a public liability and property damage liability insurance.
policy. This insurance policy shall be subject to the approval -of
the Railroad and.shall be in compliance with the provisions
contained in the insert to the agreement marked "Exhibit A" of
Contractor's Agreement."
,Fora .D _ 6/23/78,
RELMIS:.
taIS AGREEMENT, made this day of , 19 ,
by and between
a corporation, herein termed "Railroad ", and
- , address:
herein termed "Contractor ";
- W2:'NESSETH: - - - --
1. For a period not to extend beyond , 19 ,
Railroad hereby permits Contractor to.enter upon the property of Railroad
at ,
of -State of in the County
for construction of
2. Contractor warrants that Contractor has entered into a contract
with
hereinafter termed "Third Party ", covering the work ° to be performed in
connection with said structure at said location.
3. Contractor agrees to reimburse Railroad for all.-cost and expense
incurred by Railroad in connection with the construction or operation not
required under aforesaid contract between Third Party and Contractor,
including, but not limited to, the furnishing of such inspectors, watch-
men and flagmen as Railroad deems necessary to protect its property,
tracks, engines, trains and cars and the operation thereof, the installa-
tion and removal of any necessary falsework beneath the tracks of Railroad
and the restoration of Railroad's property.. No vehicular crossing over
Railroad's track shall be installed or used by Contractor without prior
written permission of Railroad.
4. Contractor shall give Railroad at least five (5) days' notice
in advance of any work done upon or adjacent to Railroads property under
said contract. Contractor shall notify Railroad the date said work is
completed, and also the date the Contractor's work is accepted by Third
Party. Upon completion of the work to be done upon Railroad's property
under said contract, Contractor shall promptly remove from Railroad's
property all tools, equipment and materials placed thereon by the Contrac-
tor and Contractor's agents. Contractor shall restore said property to
the same state and condition as when Contractor entered thereon and shall
leave said property in a clean and presentable condition,
5. Said work.shall be performed in accordance with plans and speci-
fications approved by Railroad and in such manner and at such times as
shall not endanger or interfere with the safe.operation.of the tracks
-1-
Form D - 12/3/76
i
and other facilities at said location. No materials, tools or equip-
ment shall be stored within ten (10) feet of the center line of any
track. The regulations of Railroad and the instructions of its
representatives-shall be complied with relating to the proper manner
of protecting the-tracks, pipelines, wire lines, signals and all other
property at said location, the traffic moving on such tracks and the
removal of tools, equipment and materials.
6. Contractor hereby releases and agrees to indemnify Railroad
from and against all cost, expense, claims and liability for injuries
to or death of persons (including, but not limited to, passengers and
employees of Railroad), and damage to or loss of property (including,
but not limited to, property owned, leased, occupied or used by or in
the care, custody or control of Railroad_.or_ the employe.e.s_.o.f Railroad),
howsoever same may be caused, resulting from, arising out of or in any
way connected with the prosecution of the work under said contract
upon or adjacent to Railroad's property at said location, whether or
not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by any negligence or alleged negligence on the part
of any of Railroad's agents or employees. For the purposes of this
section, the term "Railroad" shall include any other railroad company
using Railroad's property at said location with Railroad's consent
and any affiliate, subsidiary-or lessor of-Railroad,
7. Should Railroad bring suit to compel performance of or to
recover for breach of any covenant or condition contained herein,
Contractor shall pay to Railroad reasonable attorney fees in addition
to the amount of judgment and costs.
8. Prior to the performance of any work upon or adjacent to
Railroad's property under said contract, Contractor shall furnish
Railroad, at Contractor's expense, a certified copy of a public lia-
bility and property damage liability insurance policy issued in the
name of the Contractor covering the contractual liability assumed by
Contractor under section 6 hereof. The form, substance and limits
of said insurance policy shall be subject to the approval of Railroad
and shall be in compliance with the provisions contained in the insert
marked "Exhibit A ", hereto attached and made a part hereof.
Contractor shall keep said insurance in full force and effect
until all work to be performed upon or adjacent to Railroad's prop-
erty under said contract is completed to the satisfaction of and
accepted by Third Party and thereafter until Contractor has ful-
filled the provisions of this agreement with respect to the removal
of tools, equipment and materials from Railroad's property. Said
policy shall name Railroad as additional insured.
9. The permission herein given shall not be assigned by Con-
tractor without the prior written consent of Railroad, except in the
-2-
U
Dorm L - 12/3/7G
case of subcontractors who shall be deemed agents of Contractor,
subject to the -terms of this agreement.
IN FATNESS WHEREOF, the. parties hereto have caused. these pre-
sents to be executed in duplicate the day and year first herein
written.
ft
?c�a D - February '26; 19 79
EXHIBIT "A"
of
Contractor's Agreement
The coverage afforded hereunder shall include the liability
assumed by the named insured under the following indemnification
provisions contained in an agreement in writing between the named
insured and _ --
covering work to_be performed upon or adjacent to its property at
Mile Post
"Contractor hereby releases and agrees to indemnify
Railroad from and against all cost, expense -, claims and
liability for injuries to or death of persons (including,
but not limited to, passengers and employees of Railroad),
and damage to or loss of property (including, but not
limited to, property owned, leased -, occupied or used by
or in the.,care, custody or control of Railroad or the
employees of Railroad) howsoever same may be caused, re-
sulting from, arising out of or in any way connected with
the prosecution of the work under said contract upon or
adjacent to Railroad's property at said location, whether
or not caused or contributed_to by the operation of trains
on Railroad's adjacent track, or by any negligence or
alleged negligence on the part of any of Railroad's agents
or employeese For the purposes of this section, the term
'Railroad• shall include any other railroad company using
Railroad's property it said location with Railroad's
consent and any affiliate, subsidiary or lessor of Railroad."
The policy or policies shall provide coverage in amount of not
less than Two Bullion Dollars ($2,000,000) combined single limit for
all damages arising out of bodily injury to or death of persons and
for loss of or damage to property.
No cancellation of this policy_or modification of the coverage
afforded under this endorsement shall be effective until ten (10)
days' notice thereof has been given to_
Southern Pacific Building,
One Market laza, an Francisco, California 94105, attention: Chief
Engineering Officer.
The policy shall name -
as additional insured.
EMBIT "A"
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RECORDING REQUESTED BY
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AND WHEN RECORDED MAIL TO
Name F_
Street
Address
City
State '
ZID
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SPACE ABOVE THIS LINE FOR.RECORDER'S USE
RELMIS: E- 24.5.28 -X(N)
THIS INDENTURE, made this 19th day of August , 1986, by and
between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation,
f
herein termed "Railroad," and CITY OF SAN LUIS OBISPO, a municipal corpo-
ration of the State of California, herein termed "Grantee ";
WITNESSETH:
I. That'Railroad hereby grants to Grantee, subject to the reserva- j
tions, covenants and conditions herein contained, the right to construct,
reconstruct, maintain and use a street or highway by means of an underpass
hereinafter termed "highway," upon and across that certain property of
Railroad more particularly described in Exhibit "A," attached and made a j
part hereof.
1 -a. The rights granted are limited vertically to a plane or planes
coincident with the top of the,underpass structure or a plane parallel
with and twenty (20) feet above the roadway surface of the highway as
originally constructed, whichever is the higher.
1 -b. Any contractor performing work on the property herein describe
shall execute Railroad's standard form of contractor's agreement prior to
commencing any work on Railroad's premises.
1 -c. The parties intend rihat the promises and obligations of this
indenture shall constitute covenants running with the land so as to bind
and benefit their respective successors and assigns.
-1-
i
2. This grant is made subject and subordinate to the prior and continuing right and obligation of
Railroad, its successors and assigns, to use all the property described herein in the performance of its duty
as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right
(consistent with the rights herein granted) to construct, reconstruct, maintain and use, existing and future
railroad tracks, facilities and appurtenances and existing and future transportation; communication and
pipe line facilities and appurtenances in, upon, over, under, across or along said property.
3. This grant is made subject toi, all licenses, leases, easements, restrictions, conditions, covenants,
encumbrances, liens and claims of title which may affect said property and the word GRANT as used herein
shall not be construed as a covenant against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and beco a voi f the construction or recon-
struction of said highway upon said property is not commenced within Tf_R the date first herein
written.
S. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install
or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or
the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said
property, except as may be necessary for the maintenance of said highway.
6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct,
maintain and use said highway upon said property from the governmental body or bodies having jurisdiction
thereover.
7. Except as herein otherwise 1
reconstructing and maintaining said
Grantee shall bear the entire cost and expense of constructing,
upon said property. TFhr, efty
portivrre�eaid rigkxa7' utm#e he"ile- ekeseh Creek eeetcdthe eea..
8. Grantee.agrees to reimburse Railroad for any and all assessments which may be levied by order of
any authorized lawful body against the property of Railroad (and which may have been paid by Railroad)
to defray any part of the cost or expense incurred in con tion with the construction or reconstruction of said
highway upon said property commenced within / ��ts, the date first herein written.
9. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part
thereof, or fail at any time to use the same for said purpose for a continuous Period of one (1) year, the rights
granted shall cease to the extent of the use so abandoned or discontinued; and Railroad, its successors or
assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved,
to resume exclusive possession of the said property, or the part thereof the use of which is so discontinued or
abandoned. Upon termination of the rights hereby granted,. Grantee agrees to remove said highway, in-
eluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction of said highway, and to bear the expense
thereof. , Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said
property, such removal and restoration may be performed by Railroad at the expense of Grantee, which
expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the, parties hereto have caused these presents to be executed by their
respective officers thereunto duly authorized as of the day and year first above written.
SOUTHMI PACIFIC TRANSPORTATION
CCMPANY,
BY
(Title)
Attest:
Assistant Secretary
CITY OF SAN LUIS OBISPO,
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EXHIBIT "A"
TANK FARM ROAD UNDERPASS, CITY OF SAN LUIS OBISPO
EASEMENT
SOUTHERN PACIFIC TRANSPORTATION COMPANY
BRIDGE NO. 254.3 -B
All that certain real property situate in the City of San
Luis Obispo, County of San Luis Obispo, State of. California, Section
12, T 31 S, R 12 E, M.D.M., more particularly described as follows:
I.
BEGINNING at the northeastern corner of said Section 12 as
shown on that map of Tract 681 recorded in Book 10 of Maps, Page 94,
San Luis Obispo County Records; thence along the northerly line of
said Section 12 N 89 049114" W, 1237.83 feet to,the northeasterly
line of land of Southern Pacific Transportation Company (100.00 feet
wide); thence along said northeasterly line S 33 °26'08" E 266.04
feet to the TRUE POINT OF BEGINNING;
thence leaving said northeasterly line S 82 033'31" W 111.25 feet to
the southwesterly line of said Company's land; thence along said line
S 33026108° E 124.64 feet; thence continuing along said southwesterly
line, from a tangent bearing S 33 °26108" E, along the arcs of four
compound curves to the left the following courses:
a 22,968.317 foot radius curve through a central angle of 0 004'30"
for an arc distance of 30.07 feet, an 11,509.166 foot radius curve
through a central angle of 0 009100" for an arc distance of 30.13
feet, a 7,689.449 foot radius curve through a central angle of
0 013130" for an arc distance of 30.20 feet, and a 51779.578 foot
radius curve through a central angle of 0 003103" for an arc distance
of-5.13 feet:
thence leaving said southwesterly line N 82033'31" E, 111.98 feet
to said northeasterly line; thence along said line, from a tangent
bearing N 34 026126" W, along the arcs of four compound curves to
the right the following courses:
a 51679.578 foot radius curve through a central angle of 0 033118"
for an arc distance of 55.02 feet, a 7,589.449 foot radius curve
through a central angle of 0 013130" for an arc distance of 29.80
feet, an 11,409.166 foot radius curve through a central angle of
0 009100" for an arc distance of 29.87 feet, and a 22,868.317 foot
radius curve through a central angle of 0004130" for an arc distance
of 29.93 feet;
thence continuing along said northeasterly line N 33 °26'08" W 75..88
feet to the TRUE POINT OF BEGINNING;
containing approximately 0.51 acre.
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