HomeMy WebLinkAbout1994-047 Camino Real Fashion Outlets Maintenance Agmt CONTRACT NO. 94047
City of Atascadero
Agreement By Developer to Maintain
On-Site Drainage Facilities
THIS AGREEMENT is made this day of �� 1994
in San Luis Obispo County, California, by and between the City of
Atascadero, California, hereinafter referred to as the "City" and
Camino Real Fashion Outlets , Limited, a California Limited
Partnership and Atascadero Factory Outlets , Incorporated, A
California Corporation, hereafter collectively referred to as
"Developer" , with reference to the following recitals:
A. Developer has developed certain property within the
boundaries of the City, more particularly described in
the legal description in the attached Exhibit A, and
herein referred to as "The Property" ; and
B. In connection with the development of the property,
Developer has designed and constructed, with the
approval of the City certain improvements for Drainage
of surface waters from the Property;
C. Said improvements are more particularly described
in the drainage plan approved by the City as prepared
by Cuesta Engineering and signed by John Falkenstein,
R.C.E. on June 9, 1993; and
D. City requires assurances that said drainage
improvements will be maintained properly;
NOW, THEREFORE , in consideration of the mutual covenants
contained herein, Developer agrees as follows:
1. Obligation of Developer.
Developer hereby agrees to maintain all pipes, culverts,
drainage inlets and detention basin outlet structures
along with any and all additional on-site structures and
improvements required for the proper operation and
function of the drainage plans as described in the
approved drainage plan.
2. Successors and Assigns.
This Agreement shall be binding on the successors , and
assigns of the parties hereto.
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3. Severability.
Shall any provision of this Agreement be held by a court
of competent jurisdiction to be either invalid, void or
unenforceable, the remaining provisions of this Agreement
shall remain in full force and effect unimpaired by the
court filing.
4 . Captions.
The captions of the Sections of this Agreement are for
convenience and reference only. they shall not be
construed to define or limit the provisions to which they
relate.
5. Indemnity.
Developer agrees to save, indemnify and hold harmless,
the City of Atascadero, its officers , employees and
agents , from all liabilities , judgments , costs and ex-
penses , due to any and all activities related to the
implementation of obligations in this agreement, except
for liabilities, judgments, costs and expenses due to the
City's negligence.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement effective as of the day approved by the City Council of
the City of Atascadero.
AGREED.
Date:
Developer
Approved by the Ci y of Atascad o City Council on this
'5 day of
Mayor, City of A asca o
.ATTr
:n
IvL
City .Clerk
APPROVED AS TO FORM:
City Attorhey
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EXIFIIBIT A
PARCEL B
That portion of Lots 9, 10, 11, 12, and 13 in Block 23 of Atascadero Colony in the City of
Atascadero, County of San Luis Obipso, State of California, as shown on map recorded
October 21, 1914 in Book 3AC, Page 26 of Maps as shown on Map recorded April 14, 1994
in Book 70 of Licensed Surveys at Page 81, filed in the office of the County Recorder of the
County of San Luis Obispo, State of California, being more particularly described as
follows:
Commencing at a 1" iron pipe with plastic cap stamped "CALIF. DOT" at the northwesterly
most corner of said Lot 13 as shown on said Licensed Survey;
Thence along the southerly right-of-way line of Del Rio Road North 63°27107"East 71.49 feet
to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said Licensed Survey;
Thence along said right-of-way line as described in Offer of Dedication recorded April 14,
1994 under Recorder's Series Number 1994-023840 of Official Records,North 70°00126"East
33.38' to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said Licensed Survey;
Thence leaving said right-of-way line South 25°04131" East 140.76 feet to a 3/4" iron pipe
with tag stamped "LS 5201" as shown on said Licensed Survey;
Thence North 64°55129" East 112.04 feet to a 3/4" iron pipe with tag stamped "LS 5201" on
the southwesterly right-of-way line of El Camino Real as shown on said Licensed Survey;
Thence along said right-of-way line South 25°04131" East 891.47 feet to a rebar and cap
stamped "LS 5571" as shown on said Licensed Survey;
Thence leaving said right-of-way line South 64°55106" West 316.95 feet to a rebar and cap
stamped "LS 5571" on the northeasterly right-of-way line of U. S. Highway 101 as shown on
said Licensed Survey;
Thence along said right-of-way line North 28°02149" West 221.64 feet to a 3/4" iron pipe
with cap stamped "LS 5201" as shown on said Licensed Survey;
Thence North 22049131"West 271.12 feet to a 2" iron pipe with brass cap stamped"CAL DIV
HWYS STA 133+00 120 RT" as shown on said Licensed Survey;
Thence North 28°10'01"West 199.95 feet to a 1" iron pipe with plastic cap stamped "CALIF.
DOT" as shown on said Licensed Survey;
Thence North 11°46'52"West 177.13 feet to a 1" iron pipe with plastic cap stamped "CALIF.
DOT" as shown on said Licensed Survey;
Thence North 2°16112" West 183.43 feet to the POINT OF BEGINNING.
Contains 6.97 acres.
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Alan L. Volbrecht L.S. 5201 (exp. 6-30-95)
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