HomeMy WebLinkAboutD-1864A 11980 Los Osos Valley Road Parcels 2,3,4,5 of PM SLO 09-0076 Recorded 07/06/2010r1
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RECORDING REQUESTED BY:
FIRST AMERICAN TITLE COMPANY
and When Recorded Return to:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
JULIE RODEW�
San Luis Obispo C Clerk/Recorder
Recorded at the request of
First American Title Company
IF
7/06/2010
8:26 AM
o c # : 2010030947 Titles: 1 Pages: 29
Fees 98.00
Taxes 0.00
Others 0.00
PAID 598.00
(_ Space above this line for Recorder's use
AGREEMENT FOR OPERATION AND MAINTENANCE
This Agreement for Qperation and Maintenance ( "Agreement ") is made and.
executed effective this T iT day of June, 2010 by and between the City of San Luis
Obispo, a municipal corporation and chartered city, hereinafter referred to as "City" and
Irish Hills Plaza East, LLC, a California limited liability company, hereinafter referred to
as "Developer," together referred to as "Parties ".
RECITALS
A. WHEREAS, Developer is the owner of real property located at 11980 Los
Osos Valley Road, in San Luis Obispo, State of California, which is legally described on
Exhibit A -1, attached hereto and incorporated herein, and graphically depicted on
Exhibit A -2, attached hereto and incorporated herein, known herein as the "Property".
B. WHEREAS, Developer is the developer of a land use project located on
the Property, commonly known as Prefumo Creek Commons and referred to by the City
as "Development of a 140,000 Square Foot Retail Store and a Minor Subdivision to
Allow Four Development Lots and an Open Space, Application No. 7 -07" (hereafter, the
"Project ").
C. WHEREAS, City Council Resolution Nos. 10110 (2009 series), 10112
(2009 Series), and City Architecture Review Commission Resolution NO. 7 -07 (2009)
(referred to collectively as "Conditions of Approval ") require that certain improvements
be made within the public right of way located adjacent to or near the Project.
D. WHEREAS, the improvements consist of: 1) a median to be installed
adjacent to Los Osos Valley Road, of which the location is more particularly described in
section A of the Prefumo Creek Commons 0 & M Exhibit (as defined below) and
incorporated herein, and which will be improved with landscaping and a drainage swale;
2) a drainage swale north of Froom Ranch Way, of which the location is more
particularly described in section B of the Prefumo Creek Commons 0 & M Exhibit and
incorporated herein, and 3) a landscaped bio- retention water quality filtration area and
block retaining wall area in the open space between the future Target Building and
Prefumo Creek, of which the location is more particularly described in section C of the
Prefumo Creek Commons 0 & M Exhibit and incorporated herein (all collectively
referred to as "Improvements ").
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E. WHEREAS, located at Sheet 80 in the approved public improvement
plans of the Project, which are on file with the City, is a document entitled Prefumo
Creek Commons O & M Exhibit ( "Prefumo Creek Commons O & M Exhibit"), which
describes and illustrates the City and Developer's respective maintenance responsibilities
related to and arising out of the Improvements from the date the Director of Public Works
accepts, or certifies complete, the Improvements according to the plans and specifications
for the Improvements, and any approved modifications thereto ("Maintenance
Obligations "). A reduced and sectionalized copy of the Prefumo Creek Commons O &
M Exhibit is attached hereto as Exhibit B and incorporated herein.
F. WHEREAS, pursuant to the Conditions of Approval, the Parties desire to
work together to allocate their respective obligations relative to the Improvements in this
Agreement, which is to be recorded against the Property.
G. WHEREAS, Developer is currently in. contract to sell a portion of the
Property ( "Target Tract ") to Target Corporation, a Minnesota corporation ( "Target "),
and is scheduled to close escrow after the recordation of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the City and Developer agree as follows:
AGREEMENT
1. Developer's Maintenance Obligations.
a. Developer agrees that for each improvement listed in Table Al in the
column entitled "Item ", when Developer is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", Developer will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
"Maintenance Term." For the improvements in which Developer is identified as the
"Party Responsible for Maintenance ", Developer agrees to implement and perform the
applicable "Maintenance/Repair Program" as described in Table A2 for the duration of
the identified maintenance term.
b. Developer agrees that for each improvement listed in Table B 1 in the
column entitled "Item ", when Developer is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", Developer will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
"Maintenance Term." For the improvements in which Developer is identified as the
"Party Responsible for Maintenance ", Developer agrees to implement and perform the
applicable "Maintenance/Repair Program" as described in Table B2 for the duration of
the identified maintenance term.
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c. Developer agrees that for each improvement listed in Table C1 in the
column entitled "Item ", when Developer is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", Developer will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
"Maintenance Term." For the improvements in which Developer is identified as the
"Party Responsible for Maintenance ", Developer agrees to implement and perform the
applicable "Maintenance/Repair Program" as described in Table C2 for the duration of
the identified maintenance term.
d. Developer agrees that for each improvement in which Developer is
identified as the Party Responsible for Maintenance ( "Developer Improvement ") as
described in this section, three (3) months prior to the end of a maintenance term for a
Developer Improvement, Developer will notify the City's Public Works Director that the
maintenance term is due to end, will supply the City with any reports and analyses, and
will perform any maintenance or corrections as deemed reasonably necessary by the City,
provided that the City notifies Developer in writing of such maintenance and corrections
prior to the expiration of such three (3) month period. If Developer does not notify the
City as required by this subsection, the Developer shall continue implementing the
applicable "Maintenance/Repair Program" until the earlier of (i) the date three (3) months
after Developer provides such notice, or (ii) the date on which the City determines that
the Developer Improvements are in a satisfactory condition for the transfer of
maintenance responsibility.
e. The Developer agrees to perform its Maintenance Obligations under an
annual encroachment permit issued by the City and comply with all terms and conditions
therein. The encroachment permit shall be renewed on an annual basis.
2. City's Maintenance Obligations.
a. The City agrees that for each improvement listed in Table Al in the
column entitled "Item ", when the City is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", the City will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
"Maintenance Term." For the improvements in which the City is identified as the "Party
Responsible for Maintenance ", the City agrees to implement and perform the applicable
"Maintenance/Repair Program" as described in Table A2 for the duration of the identified
maintenance term.
b. The City agrees that for each improvement listed in Table B1 in the
column entitled "Item ", when the City is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", the City will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
LA: 17752050.7
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"Maintenance Term." For the improvements in which the City is identified as the "Party
Responsible for Maintenance ", the City agrees to implement and perform the applicable
"Maintenance/Repair Program" as described in Table B2 for the duration of the identified
maintenance term.
c. The City agrees that for each improvement listed in Table C1 in the
column entitled "Item ", when the City is identified as the "Party Responsible for
Maintenance" in the same row as an improvement and in the column "Party Responsible
for Maintenance ", the City will maintain the improvement identified for the term
prescribed in the same row as the improvement and under the column labeled
"Maintenance Term." For the improvements in which the City is identified as the "Party
Responsible for Maintenance ", the City agrees to implement and perform the applicable
"Maintenance/Repair Program" as described in Table C2 for the duration of the identified
maintenance term.
3. Meet and Confer.
During the course of constructing the Project, if an additional improvement is
required by the Project that is not identified on the Maintenance Obligations, the Parties
shall meet and confer to identify the party responsible for maintenance, the term for
maintenance and the maintenance /repair program that is consistent with the Conditions of
Approval.
4. Developer's Default.
If Developer fails to implement or perform any necessary "Maintenance/Repair
Program" which is identified in Tables A2, B2 or C2 in the Maintenance Obligations and
for which Developer is responsible hereunder ( "Developer Maintenance/Repair
Program ") to the reasonable satisfaction of the City as provided for in this Agreement,
the City may undertake to implement or to perform the necessary Developer
Maintenance/Repair Program on behalf of Developer at Developer's expense, as
determined at the City's reasonable discretion. Developer hereby agrees to pay the City's
reasonable expenses incurred in connection with the performance of such Developer
Maintenance/Repair Program within thirty (30) days of receipt of billing by the City.
However, prior to the City performing any portion of the Developer Maintenance/Repair
Program, the City will provide written notice to Developer to cure the default and
Developer will have thirty (30) days within which to effect that cure; provided, however,
if the nature of such default is such that it cannot reasonably be cured within such 30-day
period, then Developer shall have such additional time as is reasonably necessary to cure
the default, provided that Developer commences the cure within such 30-day period and
thereafter diligently prosecutes such cure to completion. Should Developer fail to pay the
reasonable expenses incurred by the City in performing any portion of the Developer
Maintenance/Repair Program as required above, the Parties agree that the City may use
any available legal remedy to recover such costs from Developer.
LA: 17752050.7
5. Equitable Servitude.
This Agreement shall be recorded against the Property and shall constitute an
equitable servitude thereon in accordance with California Civil Code Section 1468.
Developer consents to the recording of this Agreement in the Official Records of San
Luis Obispo County. Developer agrees to notify any successor owner of the existence of
this Agreement and the terms and conditions hereof.
6. Termination.
This Agreement may be terminated by mutual written consent by the Parties. In
the event of a default by Developer under this Agreement that continues beyond the
notice and cure period set forth in Section 4 above, the City shall have the right, so long
as such default remains uncured, to terminate this Agreement by delivering written notice
of such termination to Developer. Upon any termination of this Agreement pursuant to
this Section 6, all obligations of the Parties under this Agreement which accrue after the
date of such termination shall terminate and be of no further force or effect.
Notwithstanding any terms to the contrary herein, Section 8 shall survive any termination
of this Agreement..
7. Term.
This Agreement shall become effective on the date first shown above and shall
remain in full force and effect until amended or terminated as provided for herein.
8. Indemnification.
Developer shall indemnify and hold harmless the City, its officers, agents,
employees or servants from any and all claims, losses and liabilities, including cost of
defense and attorney's fees, arising out of, relating to or resulting from any claims made
by reason of or in connection with Developer's performance of its obligations under or as
a result of this Agreement, excluding any claims, losses or liabilities arising out of,
relating to or resulting from (i) any Maintenance Obligations of the City under this
Agreement, or (ii) the negligence or willful misconduct of City or any of its officers,
agents, employees, servants or contractors; provided, however, if it is determined by a
court of competent jurisdiction that any liability or loss covered by this indemnity has
resulted from the negligence of both Developer and the City, then Developer shall remain
responsible under this indemnity for the portion of such liability or loss which is
attributable to Developer, as determined by such court.
9. Insurance.
Developer agrees that during the term hereof it shall maintain a policy of general
liability insurance in the minimum amount of one (1) million dollars per occurrence with
an aggregate amount of three (3) million dollars. The insurance policy shall name the
City as an additional insured and shall state that the carrier shall notify the City thirty (30)
LA: 17752050.7
days prior to cancelling the policy for any reason. Developer shall, upon execution of
this Agreement, provide the City with proof of insurance. In the event that this section
conflicts with another insurance requirement applicable to the Maintenance Obligations
in a contract between the City and Developer, local ordinance, or permit requirement, the
insurance requirement that requires the higher minimum amount shall prevail.
10. Entire Agreement.
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
11. Nonwaiver of Rights or Remedies.
The failure of a party to exercise any one or more of its rights or remedies under
this Agreement shall not constitute a waiver of that party's right to enforce that right or
seek that remedy in the future. No course of conduct or act of forbearance on any one or
more occasions by any party to this Agreement shall preclude that party from asserting
any right to remedy available to it in the future. No course of conduct or act of
forbearance on any one or more occasions shall be deemed to be an implied modification
of the terms of this Agreement.
12. Transfer of Rights and Duties Upon Conveyance.
a. Subject to the terms of the immediately following sentence,
Developer shall be bound by this Agreement and the obligations of the Developer
hereunder during the period that Developer is a fee owner of the Property or any portion
thereof, and only for the obligations, liabilities and responsibilities that accrue during said
period of ownership, and upon conveyance of its entire remaining fee interest in the
Property, Developer shall be discharged of all of its obligations, liabilities and
responsibilities under this Agreement which accrue after such conveyance.
Notwithstanding the foregoing, in the event that Developer conveys its remaining fee
interest in the Property prior to the fifth (5`h) anniversary of the date the Director of
Public Works accepts, or certifies complete, the Improvements according to the plans and
specifications for the Improvements, and any approved modifications thereto ( "Five
Year Anniversary Date"), and in the event that the transferee under such conveyance
fails to implement or perform, in accordance with the terms of this Agreement, any of the
Developer Maintenance/Repair Program during the period between the date of such
conveyance and the Five Year Anniversary Date ( "Post- Conveyance Period "), then
Developer shall remain liable to the City for all reasonable expenses incurred by the City
pursuant to Section 4 of this Agreement in connection with the City's performance of the
Developer Maintenance/Repair Program obligations accruing during the Post -
Conveyance Period. In the event of any default by the transferee in the performance of
LA: 17752050.7
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the Developer Maintenance/Repair Program during the Post - Conveyance Period, the City
shall deliver written notice of such default to Developer at the same time that such notice
is delivered to the transferee pursuant to Section 4 of this Agreement.
b. All other persons and entities which acquire fee title to all or any
portion of the Property (each a "Transferee ") shall be bound by this Agreement and the
obligations of the Developer hereunder only during the period that such Transferee is a
fee owner of the Property or any portion thereof, and only for the obligations, liabilities
and responsibilities that accrue during said period of ownership, and upon the
conveyance by a Transferee of its entire fee interest in the Property, such Transferee shall
be discharged of all of its obligations, liabilities and responsibilities under this Agreement
which accrue after such conveyance. In any and all future contracts between Developer
and a Transferee (other than Target as provided below in Section 12(c)) to convey all or
any portion of the Property, Developer shall have the Transferee acknowledge its
obligations under this Agreement in writing before any such conveyance becomes final
and shall provide City a copy of said acknowledgement; provided, however, any failure
on the part of Developer to provide such written acknowledgement to the City shall not
relieve the Transferee of any of its obligations under this Agreement or otherwise alter or
affect any of the respective rights and obligations of Developer, the City and the
Transferee under this Agreement.
C. Notwithstanding anything to the contrary in this Agreement, in the
event that Target or any Target Affiliate (as defined below) at any time acquires fee title
to the Target Tract, neither Target nor the Target Affiliate shall be deemed a Transferee
for purposes of this Agreement and neither shall be responsible for any obligations or
liabilities of Developer under this Agreement; provided, however, if at any time after
Target's or any Target Affiliate's acquisition of the Target Tract, Target or any Target
Affiliate acquires fee title to the remainder of the Property, or any portion thereof on
which a building is or has been located, then, upon such acquisition, each Target Entity
(as defined below) which then or thereafter holds fee title to the Property or any portion
thereof shall become a Transferee for purposes of this Section 12 and shall be responsible
for the obligations and liabilities of the Developer under this Agreement which accrue
during the portion of such Target Entity's period of ownership which follows such
acquisition. Notwithstanding the foregoing, at such time that Target or any Target
Affiliate conveys to any person or entity (other than another Target Entity) fee title to all
or any portion of the Property which is then owned by Target or such Target Affiliate, as
the case may be, such person or entity shall be deemed a Transferee for purposes of this
Section 12 and shall be bound by this Agreement and the obligations and liabilities of the
Developer hereunder that accrue during said person's or entity's period of ownership,
with the same force and effect as if such person or entity had acquired its fee title directly
from Developer. As used herein, "Target Affiliate" means an affiliate or a wholly
owned subsidiary of Target, or any entity that controls, is controlled by or under the
common control of Target, and "Target Entity" means Target and each Target Affiliate.
LA: 17752050.7
13. No Oral Modifications.
This Agreement represents the entire understanding of the City and the Developer
and supersedes all other prior or contemporaneous written or oral agreements pertaining
to the subject matter of this Agreement. This Agreement may be modified only by a
writing signed by the authorized representatives of both the City and the Developer.
14. Binding Upon Successors.
This Agreement and each of its terms shall be binding upon and inure to the
benefit of the City, the Developer and their respective successors and assigns.
15. Attorneys' Fees.
In the event that any action or proceeding, including arbitration, is commenced by
either the City or the Developer against the other to establish the validity of this
Agreement or to enforce any one or more of its terms, the prevailing party in any such
action or proceeding shall be entitled to recover from the other, in addition to all other
legal and equitable remedies available to it its actual attorneys' fees and costs of
litigation, including, without limitation, filing fees, service fees, deposition costs,
arbitration of costs and expert witness fees, including actual costs and attorneys' fees on
appeal.
16. Jurisdiction and Venue.
This Agreement is executed and is to be performed in the City of San Luis
Obispo, and any action or proceeding brought relative to this Agreement shall be heard in
the appropriate court in the County of San Luis Obispo, California. The City and
Developer each consent to the personal jurisdiction of the court in any such action or
proceeding.
17. Time is of the Essence.
Except as otherwise expressly stated, time is of the essence in the performance of
each and every action required pursuant to this Agreement.
18. Covenant of Further Assurances.
The City and the Developer shall take all other actions and execute all other
documents, which are reasonably necessary to effectuate this Agreement.
19. Interpretation.
The City and the Developer agree that this Agreement is the product of mutual
negotiations and is an arms -length transaction. Each party has negotiated this
Agreement with the advice and assistance of legal counsel of its own choosing.
LA: 17752050.7
It is further agreed that the terms of this Agreement shall be construed in
accordance with the meaning of the language and shall not be construed for or against
either party by reason of authorship and the rule that ambiguities in a document shall be
construed against the drafter of the document shall have no application to this Agreement.
In construing and interpreting this Agreement, the finder of fact shall give effect to the
mutual intention of the City and Developer, notwithstanding such ambiguity, and may
refer to the facts and circumstances under which this Agreement is made and such other
extraneous evidence as may assist the finder of fact in ascertaining the intent of the City
and Developer.
20. Severability.
If any term or provision of this Agreement is found to be invalid or
unenforceable, the City and Developer both agree that. they would have executed this
Agreement notwithstanding the invalidity of such term or provision. The invalid term or
provision may be severed from the Agreement and the remainder of the Agreement may
be enforced in its entirety.
21. Headings.
The headings of each section of this Agreement are for the purposes of
convenience only and shall not be construed to either expand or limit the express terms
and language of each section.
22. Representations of Authority.
Each party signing this Agreement on behalf of a party which is not a natural
person hereby represents and warrants to the other party that all necessary legal
prerequisites to that party's execution of this Agreement have been satisfied and that he
or she has been authorized to sign this Agreement and bind the party on whose behalf he
or she signs.
23. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be
deemed an original. The signatures may be executed and notarized on separate pages,
and when attached to each other shall constitute one (1) complete document.
24. Notices.
Unless otherwise stated in this Agreement, Notices required under this Agreement
shall be sent to the following:
If to the City: City of San Luis Obispo
Attn: City Manager
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•
990 Palm Street
San Luis Obispo, CA 93401 -3249
Facsimile No. (805) 781 -7109
If to the Developer: Irish Hills Plaza East, LLC
284 Higuera Street
San Luis Obispo, CA 93401
Attn: Mr. Clint Pearce
(with a copy to) McKenna Long & Aldridge LLP
300 S. Grand Ave., 14th Floor
Los Angeles, CA 90071
Attn: Steven Abram, Esq..
Notices given pursuant to this Agreement shall be deemed received as follows:
(a) If sent by United States Mail — on the date of receipt by the
receiving parry.
(b) If by facsimile — upon transmission and actual receipt by the
receiving party.
(c) If by express courier service or hand deliver — on the date of receipt by the
receiving party.
The addresses to notices set forth in this Section 23 may be changed upon written notice
of such change to either the City or Developer, as appropriate..
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the day and year first above written.
Dated: o 2y1 10
CITY OF SAN Lj,IIS OBISPO
A Municipal Co ration
ATTEST: �J
C
Elaina Cano, City Clerk
AS TO
Christine Dietrick,
LA: 17752050.7
Dated:
IRISH HILLS PLAZA EAST, LLC
A California Li ' d Liability Company
i nt Pe ice President
R D AS TO FORM:
SiEveg Abram of McKenna Long &
Aldridge LLP, Attorneys for Developer
NOTARIAL ACKNOWLEDGEMENTS ON PAGES TO FOLLOW
0 0
STATE OF CALIFORNIA
COUNTY OF - p
On 2010, fore me,l '�,t a Notary Publ ic, personally
appeared (21 ate} ¢ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies),
and that by his/her /their signature(s) on the instrument, the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
U CHRISTINE BURKETT
WITNESS my hand and official seal. d NOTARY M. #1893858 ;
4® e
SAN LUIS OBISPO CAA ()
Signature: G (Seal) 00MM• EXPM OCT. 4, 2010 -A
STATE OF CALIFORNIA
COUNTY OF )
On , 2010, before me, , a Notary Public, personally
appeared �esubscribed proved to me on the basis of satisfactory
evidence to be the person(s) whose name's) ' to the within instrument and
acknowledged to me that he /she /they ex ted the same in his/her /their authorized capacity(ies),
and that by his/her /their signature's the instrument, the person's), or the entity upon behalf of
which the person(s) aZexec the instrument.
I cer tify under PENARJURY under the laws of the State of California that the
foregoing paragraph i rrect.
WITNESS my d and official seal. A
f�
Signature: (Seal)
LA: 17752050.7
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•
awluulllllllllll8 �' ����l
City Of SM LUIS OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On June 28, 2010, before me Elaina Cano, City Clerk, personally appeared Katie Lichtig, City
Manager, CITY OF SAN LUIS OBISP , who proved to me on the basis of satisfactory evidence
to be the person whose nameOIis/ ;subscribed to the within instrument and acknowledged
to me that � /she /iVy executed the same in */her /*iir authorized capacityO, and that by
Xperson(;eactseid s/her /nature �sr�on the instrument the person, or the entity upon behalf of which the
, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature
City Clerk
Clerk
(Seal)
.f R
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
EXHIBIT A -1
LEGAL DESCRIPTION OF THE PROPERTY
LA: 17752050.7
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EXHIBIT A -1
LEGAL DESCRIPTION
SHOPPING CENTER
•
In the City of San Luis Obispo, County of San Luis Obispo, State of
California:
Parcels ?, 3, 4, and 5 of Parcel Map SLO 09 -0076, according to the map filed
Ju U C9 , 2010 in Book -1 L1 of Parcel Maps at Pages
in the Office of the County Recorder of said County.
End Description
EXHIBIT A -2
GRAPHIC DEPICTION OF THE PROPERTY
LA: 17752050.7
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LOS OSOS VALLEY ROAD
PREFUMO CREEK COMMONS SHOPPING CENTER
PARCELS 2,3,4, AND 5 OF
PARCEL MAP SLO 09 -0076
SAN LUIS OBISPO, CA.
JOB Na:: 658-01
DATE: 6 -16-10
DR4WN BY: GM
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EXHIBIT B
•
PREFUMO CREEK COMMONS O &M EXHIBIT
LA: 17752050.7
LEGEND
VEGETATED SWALE
- -- STORM DRAIN NETWORK
WALL
SITE MAP
PREFUMO CREEK COMMONS •
Exhibits
VARIES 14.00' - 20.00'
VARIES
2.00'- 5.00'
2.00'
EG TOP EXISTING FRONTAGE RD
1 CHECK CURB AND GURER WITH
1L DAM CURB CUT EVERY W
FG
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NOTES:
1. SEE LANDSCAPE PLANS FOR PLANTING
2.1-2% LONGITUDINAL SLOPE
3. EARTH CHECK DAMS PER IMPROVEMENT PLANS
CROSS-SECTION
MATCHLINE
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MATCHLINE
�_ PREFUMO CREEK COMMONS O & M EXHIBI T B
DRAINAGE SWALE IN LOVR - FRONTAGE scale :1' =IW
ROAD PALM TREE MEDIAN (DETAIL A) Detail 'A' 1 of 2
PROPERTY �� 2.00'
LINE 25.00'
2.00' BENCH
SOUND WALL
10' TALL i
2.00' BENCH
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NOTES:
1. SEE LANDSCAPE PLANS FOR PLANTING
2. LONGITUDINAL SLOPE BETWEEN 0.5% TO 1.0%
3. BOULDER CHECK DAMS EVERY 100' WHERE
LONGITUDINAL SLOPE IS 1%
CROSS SECTION
PREFUMO CREEK COMMONS O & M EXHIBIT B
DRAINAGE SWALE NORTH OF sc18:1• =1°°'
FROOM RANCH WAY ROW (DETAIL B) Detail B• 2 of 4
TABLE B1
ITEM
PARTY RESPONSIBLE FOR
MAINTENANCE TERM
MAINTENANCE .
VEGETATED
SWALES
DEVELOPER
IN PERPETUITY
VEGETATED
DEVELOPER
IN PERPETUITY
FILTER STRIP
PARKWAY/TREES
DEVELOPER
IN PERPETUITY
STORM DRAIN
NETWORK
CITY
IN PERPETUITY
DEVELOPER
FIRST FIVE YEARS POST
CONSTRUCTION
CATCH BASIN
INLET FILTER
IN PERPETUITY AFTER
CITY
INITIAL 5 YEARS POST -
CONSTRUCTION
SOUND WALL
DEVELOPER
IN PERPETUITY
HARDSCAPE
UNTIL FROOM RANCH
IMPROVEMENTS
DEVELOPER
WAY BECOMES A
(EAST)
THROUGH STREET
HARDSCAPE
IMPROVEMENTS
CITY
IN PERPETUITY
(WEST)
WATERLINE
CITY
IN PERPETUITY
PREFUMO CREEK COMMONS O & M EXHIBIT B
DRAINAGE SWALE NORTH OF scwe:l, =l '
B=ROOM RANCH WAY ROW (DETAIL B) DetWI wB• 3 of
t
TABLE B2
BEST MANAGEMENT
INSPECTIONFREOUENCY"
MAINTENANCE/REPAIR PROGRAM
PRACTICES (BMPs)
(all controls)
_ General Source Controls
Interceptor Trees (zz)
Semiannually
ra Consult with a landscaper on unhealthy trees.
Replace dead trees.
Tr_ eatmenf Controls
OTC -30 Vegetated Swales
Prior to rainy season (Oct 15),
■ Inspect for vegetation establishment twice per year in the first two years.
(1, 2,3,4,5,6,7,28,24,25,26)
after major storms (> i -inch)
• Inspect inlet/outlet structures quarterly.
and at end of rainy season
(May 25).
a Inspect for eroded areas quarterly, especially near road edges.
■ Inspect and remove invasive vegetation semiannually.
E Inspect for sediment accumulation annually.
® Harvest excess vegetation annually.
a Remove sediment from forebay every 5 -7 years.
■ Standing shall not remain in the swale for more than 5 days, to prevent
mosquito reproduction.
e Irrigate swale during dry season (April — October) or when necessary to
maintain the vegetation.
e. Regularly remove trash, branches, palm fronds and other debris and dispose of
properly, monthly.
■ Repair any damaged areas within a channel identified during inspections.
Erosion rills or gullies should be corrected as needed.
ra Remove all accumulated sediment that may obstruct flow as needed every 10-
50 years.
OTC -3i Vegetated Filter
Priorto rainy season (Oct
■ Irrigate swale during dry season (April - October) or when necessary to
Strips (g)
15), after major storms (> i-
maintain the vegetation..
inch) and at end of rainy
season (May 15).
m Regularly remove trash, branches, and other debris and dispose of properly.
a Repair any damaged areas within a channel identified during inspections.
Erosion rills or gullies should be corrected as needed.
0 Remove dead vegetation and replace.
■ Rework or replant buffer strip if concentrated flow erodes a channel through
the strip.
OMP -5a Catch Basin Inlet
Prior to rainy season (Oct 15),
n Remove trash and sediment as needed.
Filters (10,14)
after major storms and at
0 Repair and replace damaged structural parts annually.
least every months.
Note: 0 = BMP from 2004 CASOA BMP Handbook- (te = corresponds to legend number on Drawing No. :L
PREFUMO CREEK COMMONS O & M EXHIBIT 8
DRAINAGE SWALE NORTH OF Scale: 1 * =I 0'
FROOM RANCH WAY ROW (DETAIL B) Detail TO 4 of
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C PREFUMO CREEK COMMONS O & M EXHIBIT B
LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK
RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET
BUILDING AND PREFUMO CREEK (DETAIL C)
Scale: ,• =IW
Detail °C' 1 of 4
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PREFUMO CREEK COMMONS O & M EXHIBIT B
LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK
RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET
BUILDING AND PREFUMO CREEK (DETAIL C)
Scale; 1' =100'
Detail 'C' 2 of 4
. •
TABLE C1
ITEM
PARTY RESPONSIBLE FOR MAINTENANCE
E MAINTENANCE TERM
BIO RETENTION POND
DEVELOPER
IN PERPETUITY
VEGETATED SWALES
DEVELOPER
IN PERPETUITY
VEGETATED FILTER STRIP
DEVELOPER
IN PERPETUITY
PLANTING/TREES
DEVELOPER
IN PERPETUITY
PEDESTRIAN AMENITIES
DEVELOPER
IN PERPETUITY
RIPARIAN FENCING
DEVELOPER
IN PERPETUITY
ALLAN BLOCK RETAINING WALL
DEVELOPER
IN PERPETUITY
SOUNDWALL
DEVELOPER
IN PERPETUITY
PREFUMO CREEK COMMONS O & M EXHIBIT B
LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK
RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET
BUILDING AND PREFUMO CREEK (DETAIL C)
Scale: 1 ° =100'
Detail *C' 3 of 4
END OF DOCUMENT