Loading...
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. 1 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. 2 *rr oo, 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 3 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. 21 -1 - Alan L. Volbrecht L.S. 5201 (exp. 6-30-95) ALAN ;a • L, VIOLBRECHT ('. L 5 5201 of••S • 1•+�J•� f OF CA0,