Loading...
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. 1 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 2 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 3 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. �ysS�c�p-�-rD'�'' Svc. GreeCt_ brM+N� � CITY: , 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 4 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) 5