HomeMy WebLinkAboutDove Creek Landscape Maintenance City of Atascadero ,"fes
Community Development Department °
6907 EI Camino Real P R--5
ATASCADERO,CA 93422
AGREEMENT FOR MAINTENANCE OF LANDSCAPE
AREA WITHIN STATE HIGHWAY RIGHT OF WAY
Subject: City of Atascadero NLM Encroachment Permits
Location: Highway 101 at various locations
This Agreement is made and executed effective this day of , 2007 by
and between the City of Atascadero, acting by and through the Community
Development Department,located at 6907 El Camino Real,Atascadero, California,
93422,hereinafter referred to as "the City of Atascadero',and in compliance with
the Department of Transportation,District 5, located at 50 Higuera Street,San Luis
Obispo, California, 93401-5415,herein referred to as "STATE", and Dove Creek
Community Association, located at 517 13th Street, Paso Robles, California, 93446,
hereinafter referred to as "PROPERTY OWNER".
A. RECITALS:
1. Property Owner desires to landscape and maintain State Highway improvements along
the Highway 101 corridor at various locations conforming to the attached Exhibit "A",
referred to herein as "PROJECT". Exhibit "A" shall be made part of the NLM permit
(refer to Section B, Item No. 2).
2. PROPERTY OWNER is willing to fund one hundred percent (100%) of all PROJECT
design, capital outlay, maintenance, and staffing costs or delegate to sponsored third
party (refer to Section B, Item No. 3).
B. AGREEMENT:
In consideration of the mutual covenants and promises herein contained, PROPERTY
OWNER agrees as follows:
1. PROPERTY OWNER or sponsored third parties will submit plans, prepared and signed
by a licensed Landscape Architect, to the City of Atascadero for review and upon receipt
of all necessary encroachment permits and bonding requirements, may commence
PROJECT work with within STATE right of way.
2. After installation of PROJECT to the satisfaction of the City of Atascadero, PROPERTY
OWNER shall apply for an annual maintenance permit (NLM) in accordance with the
City's existing permit procedures. PROPERTY OWNER shall obtain the aforesaid
encroachment permit through the Caltrans District 5 Office of Permits at (805) 549-3152.
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City of Ataseadero
Community Development Department 2V '
6907 El Camino Real
ATASCADERO,CA 93422 - `
3. PROPERTY OWNER may contract others to install(sponsored third party) and
thereafter maintain the PROJECT in accordance with the terms of Section 6 hereinbelow.
A list of approved sponsored third party shall be submitted to Caltrans and shown as part
of Exhibit"A".
4. Damage to PROJECT resulting from accident, acts of God, storm, neglect, and other
causes beyond the control of the City of Atascadero are the responsibility of PROPERTY
OWNER.
5. The PROPERTY OWNER shall not modify or interfere with any highway signs,paved
drainage structures, and other non-landscape highway appurtenance with exception of
those items listed in Section"A"of the Recitals and as shown on the attached Exhibit A.
6. In addition to designing and installing these permitted PROJECT landscape facilities,
PROPERTY OWNER agrees:
a) To provide and maintain all PROJECT water and irrigation systems including all
water and power utility costs. Irrigation system will be maintained and operated
to avoid slope damage, excessive water flooding, or spraying onto the pavement.
b) Replace unhealthy or dead plantings as they are observed.
c) To keep entire PROJECT free of litter, debris and deleterious material.
d) Control rodents and pests.
e) To control weed growth before weeds exceed 6 inches in length. Any weed
control performed by chemical weed sprays(pesticides) shall comply with all
laws, rules, and regulations established by the California Department of Food and
Agriculture.
f) Landscaping,paving or other unplanted areas along the roadside within the limits
of the Project, exclusive of paved drainage facilities, will be maintained so as not
to obstruct the flow of storm water.
g) All planting shall be maintained in such condition that there is no interference
with the free flow of traffic, including maintaining adequate sight distances and
the visibility of signs, signals for vehicles and pedestrian traffic.
h) To prune shrubs and tree plantings necessary to control extraneous growth. Trees
shall be pruned using the highest professionally accepted standards in a manner
that will encourage good development while preserving their health, structure, and
natural appearance of trees and shrubs. Tree or shrub pruning for sign or building
visibility alone is not permitted.
i) Plantings shall be adequately watered and fertilized(3 times a year) to maintain a
healthy growth.
7. It is understood that for any reason PROPERTY OWNER decides not to renew its
maintenance permit required herein or if the planting is not maintained to the minimum
standards specified herein, the City of Atascadero shall provide PROPERTY OWNER
with a written notice to correct the noted deficiencies. PROPERTY OWNER shall
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City of Atascadero ,
Community Development Department
6907 EI Camino Real
ATASCADERO,CA 934221
respond in writing within thirty(30) days of receipt of said notice with a description of
the action to be taken by PROPERTY OWNER to bring the affected areas back into
compliance. In the event PROPERTY OWNER does not provide such response and
takes no corrective action,this Agreement will be terminated and PROPERTY OWNER
will reimburse the City of Atascadero, on presentation of a bill, for all costs incurred by
City forces or a City contractor to maintain or remove the PROJECT and to pave over or
otherwise restore the area to a safe condition satisfactory to the City of Atascadero.
8. All work performed for or by PROPERTY OWNER within the PROJECT will be done at
no cost to the City of Atascadero.
9. Various future STATE projects may be implemented which could require removal and/or
modification to all or a portion of PROJECT. Any replacement landscaping including
irrigation facilities installed for or by the STATE may be STATE responsibility. Upon
completion of any work which affects the limits of PROJECT, a revised Exhibit will be
prepared and delivered to the City of Atascadero for review and execution to adopt that
revised Exhibit which will supersede the original limits shown on the original permit
plans.
10. Proposed changes to PROJECT affecting public safety or public convenience, all design
and specification changes, and all major changes including removal,pruning, or addition
of either plantings or irrigation system shall be approved by the City of Atascadero in
advance of work being perform. Unless otherwise directed by the City of Atascadero
representative, all changes authorized will require a new encroachment permit. Failure to
notify the City of Atascadero of such changes shall result in the immediate removal of
PROJECT or portions of PROJECT at PROPERTY OWNER sole expense.
C. LEGAL RELATIONS AND RESPONSIBILITIES:
1. Nothing in these provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not parties to this Agreement, or affects the legal liability of
either party by imposing any standard of care respecting the design, construction, and
maintenance of STATE highway right of way different from the standard of care
imposed by law.
2. It is understood and agreed that neither the City of Atascadero,nor any officer or
employee thereof is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by PROPERTY OWNER under or in connection
with any work performed by PROPERTY OWNER under this agreement.
3. Upon termination of this Agreement, ownership and title to all materials, equipment and
appurtenances installed and allowed by the City of Atascadero to remain inside STATE
right of way will automatically be vested in STATE. Those materials and equipment
installed outside of the STATE'S right of way will automatically and immediately be
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City of Atascadero ;
Community Development Department kF
6907 EI Camino Real ^'" `
ATASCADERO,CA 93422 '
vested in PROPERTY OWNER, and no further agreement will be necessary to transfer
ownership.
D. TERM OF AGREEMENT
This Agreement shall become effective upon execution and shall remain in full force in
perpetuity until terminated by the City of Atascadero. Failure to comply with
provisions set forth in Section B, Article 7 would be grounds for Notice of Termination
by the City of Atascadero.
IN WITNESS THEREOF,the parties have executed this AGREEMENT in duplicate as
of the day and year stated above.
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, a City of Atascadero, a municipal
corporation
California Nin-QrA-4` C&Q&A>-'4'z4v'` 11416-
6"By:
By. WADE MCKINNEY, jity Manager
Its: tr-sk&o- -
APPROVEDAS TO '9�' AND LEGAL
EffECT: .. ,!,�
By: ,
PAS CK'E. fGHT, City Attorney
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City of Atascadero f
Community Development Department
6907 El Camino Real
ATASCADERO,CA 93422 /
STATE OF CALIFORNIA )
) ss.
CITY OF ATASCADERO )
On JU/J E 12- ,200_1, before me, 0kr0Z'`PF personally
appeared ArjoiZCA 13RAoioRoand, personally known to me
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
Hs/her/th&authorized capacity(tes), and that by 44is/her/their signatures) on the
instrument the person(e}, or the entity upon behalf of which the person(s) acted,
executed the instrument.
WI ESS m hand and official seal. D.KORNRUMP`i
Commission# 1650674
Notary Public-California
Notary P and for sai to San Luis Obispo County
6MyComm.Expires Mar 11,2010
(SEAL)
STATE OF CALIFORNIA )
) ss.
CITY OF ATASCADERO )
On _,200_, before me, personally
appeared and, personally known to me (or 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.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
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