HomeMy WebLinkAboutD-1993-047431 879 Higuera Street, APN 02-427-002, 005, 009, and 013 Recorded 08/09/1993Doc No: 1993 - 047431 Rec No: 56029
Official Records :RF 17.00
San Luis Obispo Co.
Recording Requested by and FRANCIS M. COONEY
when Recorded Mail to: Recorder '
Aug 9, 1993
Public Works Department Time: 16:16 '
City of San Luis Obispo
955 Morro Street @@ [ 51 ;TOTAL 17.00
San Luis Obispo, CA 93401 - - - -- - - --
APN Nos. 02- 427 -002, 005, 009, 013
AGREEMENT TO PRESERVE OR REPLACE TREES
This Agreement is between the City of San Luis Obispo, a
Municipal Corporation (hereinafter referred to as "City ") and
Copeland Investments Partnership (hereinafter referred to as
"Owner") with reference to the following facts:
A. Owner owns the following described real property in the City of
San Luis Obispo, County of San Luis Obispo, State of
California:
Lots 1 through 8 and Lots 10 through 12 of Block 99 per the
map of the Mission Vineyard Tract, as recorded in Book A of
Maps, at Page 143, in the Office of the San Luis Obispo
County Recorder.
Excepting the southwesterly 25 feet of said Lot 8 and the
southwesterly 10 feet of said Lot 12.
B. Owner desires to construct a new commercial structure at 879
Higuera Street, known as the "Downtown Centre ", (hereinafter
referred to as "Project "),.and
C. City, as a condition of Project, requires the protection and
preservation of trees on City right -of -way for the public
health, safety, and welfare, and for the benefit of City..
THEREFORE, the parties hereto agree as follows:
1. Owner and its heirs, and assigns agree to preserve and
protect trees #5 and #6 as shown on Exhibit "A" for the use and
benefit of all the City.
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2. Trees to be preserved shall be protected at all times
during grading and construction activities as required per the City
Encroachment Permit ( #2.445) obtained by Maino Construction Company.
3. As a result of the "Owner's" construction, and due to the
existence of large branches on the two (2) existing large
Carrotwood (Ficus nitida) trees on the Morro Street frontage shown
on said Exhibit A which preclude continuous scaffolding which meet
Cal -OSHA specifications, City agrees to perform such pruning as
required to provide for required scaffolding. By doing so, the
health of the trees may be jeopardized and may create unsafe and /or
poor aesthetic values, in the opinion of City.
If, within a three (3) year period from the date of issuance of a
certificate of occupancy for the project, the City, in its sole
discretion, determines that:
(a) Either or both of the subject trees require special care
as a result of the above - described pruning, beyond typical
annual pruning,
(b) Either or both of the subject trees are dead or in poor
condition so as to warrant its %their removal,
(c) Either or both of the subject trees are in such condition
or shape as to be deemed aesthetically unsightly. Then the
respective surety may be used by City to remedy the situation
to its satisfaction.
In the case of Items b or c, the entire respective surety shall
be forfeited by Owner. In the case of Item a, only the amount
deemed necessary to remedy the problem shall be utilized. All
remaining amounts of surety shall be returned to the Owner upon
expiration of the three (3) year period subject to the terms
herein.described.
4. Owner agrees to file with the City a $14,978.00 Certificate
of Deposit or Letter of Credit (to the approval of the City
Attorney) to .insure performance of the terms. of.--this, agreement.
($6,810.00 Tree #5; $8,168.00 Tree #6).
Owner may substitute a performance bond in the amount of $22,500.00
(including any attorney fees and court .__costs) in lieu of a
Certificate of Deposit or Letter of Credit, to the approval of the
City Attorney.
5. Indemnification and Hold Harmless Agreement. Owner agrees
to defend, indemnify, protect' and .hold City and its agents,
officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any
person or property; including injury to,owner's employees, agents,
or officers which arise from or are connected with or are caused' or
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claimed to be caused by the acts or omissions of Owner and its
agents, officers, or employees, as a result of any maintenance
work, pruning, or trimming, or.any method of preservation or care
of the two existing large carrotwood trees (Ficus nitida) located
on the Project (as shown on Exhibit A) , during,-,or upon 3 years from
completion _of construction of the Project _and all expenses of
investigating. and .defending against same; - .provided, however -, thdt -_.
Owner's duty to indemnify and'hold harmless'shall not include any,
claims or liability arising. from the established sole active
negligence or willful misconduct of the City-, its agents, officers
or employees.
6. The surety shall be submitted to City by September 1, 1993.
Failure to submit same shall be grounds for the City to withhold a
Certificate of Occupancy for the Project. Both the surety and
agreement shall continue in force during construction activities
and for three (3) .years beyond the date a final certificate of
occupancy is issued for the project. The Public Works Director
shall release the surety and developer from this agreement when he
determines that all terms of this agreement have been met.
7. The owner acknowledges that this agreement is a covenant
running with'the land.
8� 5 -93
Owner. L'oPkrGftrp /n/'11,FS71-?�orfITs Date
APPROVED:
Michael McCluskey
Public Works Director
(Attach Notary Certificate Here)
JU /preserves
by
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.- PURPOSE ACKNOWLEDGMEINY No. 519
State of I OY h fiGL. CAPACITY CLAIMED BY SIGNER
County of `ui:506s� ,� ❑ INDIVIDUAL
On S J before me, L ` I ► I'�tC� I T NN�O ICu�t7 11 , ❑
OFFICER(S) TITLE(S)
O DATE . TITLE OF OFFICER E.G.. WE DOE,
❑ PARTNER(S) ❑LIMITED
personally appeared ' � Q 0-b e Q.�'V ❑ GENERAL
p Y pp NAME(S) OF SIMER(30 ❑ ATTORNEY -IN -FACT
sonalty known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ TRUSTEE(S)
to be the person(s) whose name(s) is /are ❑ GUARDIAN/CONSERVATOR
subscribed to the within instrument and
acknowledged to me that he/she /they ❑ OTHER:
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 SIGNER SSaREORESTMNES) NAmE MARYELLEN METCALF which the person(s) acted, executed the
COMM. #969032 Z
i : -mom Notary Public- California D instrument.
SAN LUIS OBISPO COUNTY
My comm. expires JUL 06.1996 Wdqps my hand nd I* seal.
S ATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTICINAL, it could Prevent fraudulent attachment of this certificate to an unauthorized document
THIS CERTIFICATE Title or Type of Docum nt ?
MUST BE ATTACHED Number of Pages Date of Document Sr�3
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other than Named Above
01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91304 -7184
State of California }
County of San Luis Obispo }
On , 19q, before me, Diane R. Stuart, Notary Public, personally
appear C rl jj '
Aer onog personally known to me car ( ) proved to me on the basis of satisfactory evidence to be the
whose nam is - subscribed to the within instrument and acknowledged to me that
he executed the same irt(S'I ptw4their capacity(W&b and that b is /t�ey4hoW signature on
the Instrument the person( or the entity upon behalf of which the person acted, executed the
instrument.
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END OF DOCUMENT