HomeMy WebLinkAboutAGENDA REPORT 2006 1018 CC REG ITEM 10EMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 1 O • E .
"Y Councii Meeting
of /0 -/� o`�OoJ&
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Laura Stringer, Administrative Se c s Manager M
DATE: September 26, 2006 (CC Meeting of 10/18/06)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Industrial Planned Development No.
1995 -02 and Tract No. 5004 (Special Devices, Incorporated (SDI),
Warehouse Discount Centers and Moorpark Hospitality, Inc.)
BACKGROUND
Government Code Section 65864 and Section 15.40.150 of the Municipal Code provide
for Development Agreements between the City and property owners in connection with
proposed plans for development of specific properties. Development Agreements are
designed to strengthen the planning process, to provide developers some certainty in
the development process and to assure development in accordance with the terms and
conditions of the agreement. The Municipal Code also requires the Developer to file an
application with the Community Development Director requesting the annual review of
the Agreement.
On August 21, 1996, the City Council adopted Resolution No. 96 -1222 approving
General Plan Amendment No. 95 -01, Vesting Tentative Tract Map No. 5004, and
Industrial Planned Development Permit No. 1995 -02 (Lot 3) and on August 28, 1996,
the Development Agreement between the City of Moorpark (the "City ") and Special
Devices, Incorporated ( "SDI" or the "Developer ") was executed. The two (2)
undeveloped parcels (Lots 1 and 2) just east of the SR 23 Freeway have subsequently
been acquired by Tom Schlender/Warehouse Discount Center (Lot 1) and Moorpark
Hospitality, Inc, (Lot 2). NLA 118, LLC (Tom SchlenderANarehouse Discount Center, Lot
1) has entered into a separate Development Agreement and will not be a part of this
review. Moorpark Hospitality, Inc. is responsible for adherence to the terms of the
Development Agreement relating to Lot 2. The previous review of the Development
Agreement was completed September 21, 2005. The term of the agreement expires
November 27, 2006, so this will be the final annual review presented to City Council.
Honorable City Council
October 18, 2006
Page 2
DISCUSSION:
Project Status
• During 2002 and 2003 staff spent considerable effort to review SDI's remaining
requirements under the Development Agreement, the Conditions of Approval and
the Mitigation Monitoring Program. In response to staff's review, SDI:
✓ installed additional trees along the west facing SR -23 slope;
✓ installed additional trees along the north facing (Campus Park) top of
slope;
✓ replanted the lower north facing slope along the paved access road; and
✓ planted additional landscaping to screen SCE equipment and enhance the
entry roadway.
The City's landscape consultant reviewed and approved all plans and inspected
the installed landscaping and irrigation. On October 15, 2003, City Council
reviewed the status of SDI's compliance and by minute action, approved the
landscaping for the on -ramp and off -ramp for SR -23 /New Los Angeles Avenue
interchange and accepted $15,000 for riparian habitat replacement and
authorized the release of the remaining bonds (Attachment No. 2). SDI's
responsibilities for compliance with project Development Agreement, Conditions
of Approval and Mitigation Monitoring Program related to recordation of Tract No.
5004 and Industrial Planned Development Permit No. 1995 -02 have been
completed.
General Plan Amendment No. 2004 -04, Commercial Planned Development
Permit No. 2004 -03, Conditional Use Permit No. 2005 -04 and Development
Agreement No. 2005 -02 were approved to permit a retail center with a one -story
(with Mezzanine Level) 115,000 sq. ft. single tenant building over thirty -five (35')
feet in height and a 17,500 sq. ft. one -story commercial building on the 8.15 acre
site. The Development Agreement for Lot 1 will be reviewed separately in
November 2006.
• Lot 2 remains undeveloped; however, a Pre - Application submittal has been
received for development of a hotel on the property. Staff is currently reviewing
the application.
Developer Compliance with Terms of Agreement
SDI and Moorpark Hospitality, Inc. responsibilities are included in Section 6 of the
Development Agreement and include 14 specific requirements (a. through n.) as listed
below, along with the status of each:
SACommunity Development\ADMIN\AGMTS \D A \1996 -01 sdi\Agenda Rpts \cc 06_1018.doc
Honorable City Council
October 18, 2006
Page 3 '
#
REQUIREMENT
STATUS
a.
The terms and conditions for the payments required by
Reported complete in
Subdivisions (1) and (m) Section 6 shall be those contained in a
the 1998 Report.
promissory note. SDI has executed the Promissory Note and
Deed of Trust which have been recorded.
b.
Grant a conservation easement to retain Lot A of VTTM No. 5004
Completed.
in a predominantly open space condition consistent with Civil
Code Section 815. The conservation easement shall be recorded
concurrently with the recordation of the final subdivision map for
VTTM No. 5004, execution of the early grading agreement by the
City Manager, or recordation of this Agreement, whichever occurs
first.
c.
Payment of all outstanding City processing and environmental
A new Development
impact report costs related to VTTM No. 5004, IPD No. 95 -02,
Agreement has been
GPA 95 -01, and Zone Change No. 95 -03 and for preparation of
entered into for Lot 1,
this Agreement.
Lot 2 has submitted a
Pre - Application review
for a proposed hotel.
SDI to provide any
required payments for
IPD 95 -02.
d.
Process an application for annexation of the approximate 56.84
Reported complete in
acres of Lot A of VTTM No. 5004, which acreage is currently not in
the 1998 Report.
the City, to the City, so that a LAFCO decision is rendered prior to
October 1, 1997.
e.
Provide irrevocable offer of dedication to City for public street
Reported complete in
purposes of that portion of Lot 3 of VTTM No. 5004 containing the
the 2001 Report.
private road prior to approval of the Final Map for VTTM No. 5004.
f.
Annex all of the property within VTTM No. 5004, that is within the
Reported complete in
City, to Ventura County Waterworks District No. 1 (the "District')
the 1998 Report, via the
prior to occupancy of the first building within the Project or
annexation of the
approval of the Final Map for VTTM No. 5004, whichever occurs
property.
first.
g.
Agrees to not oppose creation of a redevelopment project area (as
To date SDI /Moorpark
defined by applicable State law) encompassing any part of the
Hospitality have
Property provided that the project area is consistent with the rights
complied with this
of Developer under this Agreement.
condition. Warehouse
Discount has entered
into a separate
Development Agreement
for Lot 1.
h.
Agrees to dedicate Lot 4 and Lot D, as described in Condition No.
These lots were
16 of VTTM No. 5004, in fee simple interest to City concurrently
transferred to the City of
with the recordation of the Final Map for VTTM Map No. 5004.
Moorpark
These lots are to be used for public benefit as determined by City
(unencumbered by the
in its sole discretion.
previous lien) on May
29, 2002. This item is
com Iete.
SACommunity Development\ADMIN\AGMTS \D A \1996 -01 sdi\Agenda Rpts \cc 06_1018.doc
Honorable City Council
October 18, 2006
Page 4
#
REQUIREMENT
STATUS
i.
Agrees not to request any concession, waiver, modification or
A Development
reduction of any fee, regulation, requirement, policy or standard
Agreement has been
condition for development of Lots 1 and 2 of VTTM No. 5004, and
entered into for Lot 1,
further agrees to pay all fees imposed by City for future buildings,
and owner of Lot 2 has
so long as, said fees are also imposed in a similar manner on
submitted a Pre -
similar projects.
Application review for a
hotel.
j.
Modification to Caltrans rights -of -way adjacent to the Property and
Reported complete in
sign lization of SR 23 interchange with New Los Angeles Avenue.
the 2001 Report.
k.
Maximum building square footage for Lot 1 of VTTM No. 5004
A Development
shall not exceed 132,183 and for Lot 2 of VTTM No. 5004 shall not
Agreement has been
exceed 37,200 and limitations to conditionally permitted uses of
entered into for Lot 1,
Lots 1 and 2.
and owner of Lot 2 has
submitted a Pre -
Application review for a
hotel.
I.
Payment to the City in accordance with the provisions of the
Payment in the amount
agreement if, for any reason, Developer does not employ the
of $29,970 was received
number of full -time employees required by the agreement at the
by the City on May 24,
Project facilities described in IPD No. 95 -02. Beginning with the
2002. That payment
initial occupancy date of April 1, 1999, the full -time employment
concluded SDI's
count for the SDI, Inc. is described below:
obligation under this
section of the
DATE Actual FTE Min. FTE
Development
6/29/99 645 490
Agreement.
6/29/00 687 565
6/29/01 682 640
6/29/02 385 715
M.
Build the Project described in IPD No. 95 -02 and any City-
SDI has complied with
approved minor modification thereto and relocate the Los Angeles
this condition through
County operations of Special Devices, Incorporated to the Project
occupying the property
facilities within three (3) years after the effective date of the
within the timeframe
Agreement or pay the City the sum of Four Hundred Ninety -Two
originally contemplated.
Thousand, Three Hundred and Fifty -One Dollars ($492,351.00)
Thus, no additional fees
plus Seventy -Five Thousand Dollars ($75,000.00) per year for four
are payable pursuant to
4 consecutive years.
this provision.
n.
Pay for City costs at the applicable rate, then in effect, for review
To date SDI /Moorpark
and plan check monitoring and inspection of work performed by
Hospitality have
consultants retained by Developer and City, pursuant to the
complied with this
agreement.
condition. Warehouse
Discount has entered
into a separate
Development Agreement
for Lot 1.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the agreement and include 16
specific provisions (a. through p.) as summarized below.
SACommunity Development\ADMIN\AGMTS \D A \1996 -01 sdi\Agenda Rpts \cc 06_1018.doc
Honorable City Council
October 18, 2006
Page 5
#
REQUIREMENT
STATUS
a.
The Property shall be exempt from the provisions of Chapter 17.38 (Hillside
Fulfilled
Management) of the Moorpark Municipal Code.
b.
The Property shall be exempt from any growth management ordinance that
Fulfilled
is adopted by the City Council or by initiative of the electorate.
c.
Acquire, at the request of the Developer and at Developer's sole cost and
Fulfilled
expense, easements or fee title to land in which Developer does not have
title or interest, in order to allow construction of public improvements
required of Developer.
d.
City shall use its best efforts to process plan checking and early grading
Fulfilled
agreement for the Project in an expedited manner.
e.
Approve an early grading agreement on behalf of the City to allow rough
Fulfilled
grading of the Project, prior to City Council approval of the Final Map for
VTTM No. 5004.
f.
Defer payment by the developer of applicable fees for the Los Angeles
Fulfilled
Avenue Area of Contribution (the "AOC fees ") until the time of issuance of a
zone clearance for the first building permit for the Project or approval of the
Final Map for VTTM No. 5004, whichever occurs first.
g.
Defer payment by the Developer of the Citywide Traffic Mitigation Fee until
Fulfilled
the time of issuance of a zone clearance for the first building permit for each
lot within the boundaries of the Property .
h.
Defer payment of fees, except as otherwise provided in this Agreement,
Fulfilled
other than fees for plan checking, permits, processing and other services
controlled by the City until the time of issuance of a zone clearance for the
first building permit for each lot within the boundaries of the Property, unless
the fee is otherwise due at a later time.
i.
Upon the effective date of the Agreement, the period required for use
Fulfilled
inauguration of IPD No. 95 -02 shall be extended from one (1) year to three
3 ears.
j.
Accept Lots 4 and D as satisfaction of the requirements imposed by
Fulfilled
Condition No. 16 of VTTM No. 5004 and Condition No. 88 of IPD 95 -02.
k.
Exempt the Project from the Art in Public Places fee.
Fulfilled
I.
Exempt the Property from the landscape fee of five cents ($.05) per square
Fulfilled
foot for the Property given the large percentage of the site retained in natural
open s ace.
M.
Agree that the contribution requirements of Condition No. 127 of VTTM No.
Fulfilled
5004 shall be satisfied upon completion of installation of the two (2) traffic
signals at the SR 23 /New Los Angeles interchange to the satisfaction of the
City.
n.
Agree not to require Developer to remove noxious plants from the Arroyo
Fulfilled
Simi.
o.
Agree that, in implementation of Condition No. 26 of VTTM No. 5004, the
Fulfilled
City Engineer and Community Development Director may jointly approve
elevation changes, not to exceed five (5') feet, for the purpose of providing
contour grading of the ridgeline.
SACommunity Development\ADMIMAGMTS\D A \1996 -01 sdi\Agenda Rpts \cc 06_1018.doc 1 r!' V, 0 ; E 4
Honorable City Council
October 18, 2006
Page 6
#
REQUIREMENT
STATUS
p.
Agree that, in implementation of the condition of VTTM No. 5004 and IPD
Fulfilled
No. 95 -02 relating to an Environmental Quality Assurance Program, Habitat
Restoration Plan, Oak Woodland Restoration and Reforestation Plan and
other conditions outlined in the section, work required to be performed by the
City Engineer, the City Attorney, City's designated geologist, City's
designated geotechnical engineer, and public agencies not under the
jurisdiction of the City shall not be deemed consultants for purposes of this
subsection.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review Application, the
current status of the projects and pending applications, the Community Development
Director has, on the basis of substantial evidence, determined that SDI and Moorpark
Hospitality, Inc. have to date complied in good faith with the terms and conditions of the
agreement.
STAFF RECOMMENDATION
1. Accept the Community Development Director's Report and recommendation, and
find, on the basis of substantial evidence, that SDI and Moorpark Hospitality, Inc.
have complied in good faith with the terms and conditions of the agreement.
2. Deem the annual review process complete.
ATTACHMENT:
1. Location Map
2. October 15, 2003, City Council Agenda Report
SACommunity Development\ADMIN\AGMTS \D A \1996 -01 sdi\Agenda Rpts \cc 06_1018.doc i " E.
w
FAIRWEAJ
17
NI -
- 1 ♦ r
MOORPARK HOSPITALITY, INC.
1"
5 PJ�
\, 1
� S
T LOCATION MAP
NORTH
CC ATTACHMENT 1
of
D®OORPARK CITY COUNCIL
AGENDA REPORT
VOUA
TO: Honorable City Council�� ��A�•
FROM: Barry X_ Hogan, Co®unity Development recto
DATE: October 3, 2003 (CC Meeting of 10/15/03)
SUBJECT: Consider Approval of Caltrana Landscaping for the SR-
23 Southbound Off -Ramp and On -Ramp at New Los Angeles
Avenue for Condition Compliance and Authorize the
Release of the Cash Bond for Special Devices,
Incorporated (SDI) (Industrial Planned Development No.
1995 -02)
1D
Since late 2002, Community Development Department staff has been
working with Special Devices, Incorporated (SDI) to resolve non-
compliance with Conditions of Approval of Vesting Tentative
Tract Map (VTTM) No. 5004 and Industrial Planned Development
(IPD) No. 95 -02. The applicant has achieved compliance with the
six (6) outstanding conditions and has been very cooperative in
working toward a mutually acceptable agreement to satisfy the
intent of the City's Tree Preservation Ordinance. Two (2) bonds
are still held by the City pending satisfaction of all
Conditions of Approval. All improvements, except for those
offered by the applicant as part of this request, have been
satisfied. The only remaining issue is compliance with the
City's Tree Preservation Ordinance.
DISCUSSION
Tree Preservation Ordinance/Landscaping: Staff and
representatives from SDI met in order to bring closure to the
City's concerns relative to the project. It is SDI's desire to
complete all of the Conditions of Approval so that its
outstanding bonds can be released and Final Occupancy can be
issued. In order to meet the outstanding Conditions of Approval
SDI has:
CC ATTACHMENT 2
t1 tell00E '
Honorable City Council
October 15, 2003
Page 2
1. Installed additional trees along the top of the west facing
(SR 23) slope to better screen the buildings from New Los
Angeles Avenue.
2. Installed additional trees along the north facing (Campus
Park) top of slope to screen the view of the buildings and
campus from the Campus Hills area.
3. Replanted the lower north facing slope along the paved
access road due to the large percentage of plants which had
not survived.
4. Planted additional landscaping to screen Southern
California Edison (SCE) equipment and further enhance the
entry roadway.
The remaining issue is compliance with the City's Tree
Preservation Ordinance. An appraisal of the trees which were
removed as a result of this project was prepared by a city
consultant using approved industry standards. The appraised
value of the sixty (60) trees which were removed came to
$892,800. The intent of the City's Tree Ordinance is that the
value; i.e. $892,800, of the lost trees would be used to upgrade
the on -site landscaping, at the time of installation, so that a
more mature appearance would result upon occupancy of the
project. This did not occur and the previous Community
Development Director allowed temporary occupancy. In an effort
to meet the intent of the City's Tree Preservation Ordinance,
SDI has offered to:
1. Contribute $15,000 to the City for riparian habitat
replacement based upon the area of the Arroyo Simi which
was disturbed during construction. The estimated cost
includes plant materials, grading and installation which
has been verified by the City's Landscape Architect. This
contribution would be given to the City for use in the
riparian area as the City sees fit. This item would be
accomplished by keeping that portion of the current cash
bond. This contribution, if accepted, would be in lieu of
the installation of the riparian habitat.
2. Plant the SR -23 /New Los Angeles Avenue interchange
southbound off -ramp and southbound on -ramp, and maintain
the planting in perpetuity. The planting suggested is
S: \Community Development \DEV PHIS \I P D \1995 \02 SDI \cc 030917 condition compliance.doc
Honorable City Council
October 15, 2003
Page 3
similar to what the applicant was required to do on the
northbound off -ramp of the SR -23 at New Los Angeles Avenue.
Staff and Caltrans have reviewed and approved the proposed
landscape plans. Caltrans has issued the encroachment
Permit for the work on the interchange on -ramp and off -
ramp. The estimated cost of this improvement installation
is $150,000 to $175,000, not including the on -going cost of
maintenance at a current annual cost of $40,800. This work
has yet to be accomplished and would have to be bonded for
prior to the start of work. The applicant has entered into
a maintenance agreement with Caltrans, identical to that
which was entered into for the eastern off ramp. This
agreement runs with the ownership of the land and is in
perpetuity (see attached).
It is staff's opinion that the contribution to a riparian
habitat fund and the ramp landscaping and maintenance would meet
the intent of the Tree Preservation Ordinance for mature
landscaping in the project area in addition to the work already
done on the freeway ramp and items 1 and 2 above.
Sureties: To ensure the completion of any other outstanding
issues on the SDI project site, the City also holds a cash
deposit in the amount of $300,000. These outstanding issues are
specifically related to compliance with the intent of the City's
Tree Preservation Ordinance and onsite landscaping. The
applicant is requesting the release of the cash bond, minus the
$9,010, so that it can be used to pay for the purchase and
installation of the landscaping at the freeway on and off ramps.
The City also holds a bond in the amount of $684,415.60 for the
completion of grading, paving, and drainage improvements of
Tract No. 5004. The City Engineer has verified that all of
these improvement guaranteed by the bond have been completed to
his satisfaction.
STAFF RECOMWZNTDiATIONS
1. Approve the proposed landscaping for the on -ramp and off -
ramp for SR -23 /New Los Angeles Avenue interchange and
maintenance in perpetuity;
2. Accept the contribution of $9,010 as riparian habitat
replacement to be used as the City deems necessary;
S: \CO=Uuity Development \DEV PMTS \I P D \1995 \02 SDI \cc 030917 condition COmpliance.doc
f i t -dt_"cl9
Honorable City Council
October 15, 2003
Page 4
3. Authorize staff to release the two (2) remaining sureties
of $300,000 cash (minus the riparian habitat contribution)
and the $684,415.60 for Tract No. 5004, upon the posting of
a surety, in an amount determined to be sufficient by the
City Engineer and Community Development Director for the
installation of the on -ramp and off -ramp landscaping.
Attachment:
Caltrans Agreement for Maintenance
S: \Community Development \DEV PMTS \I P D \1995 \02 SDI \cc 030917 condition compliance.doc
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118
LOS ANGELES, CA 90012
MAINTENANCE AGREEMENT
Permit No. 701 -6LF -2820
Location: 07- VEN- 23- 11.23/11.410
This Maintenance Agreement is made and entered into this 25th day of March, 2002 by
and between the State of California, acting by and through the Department of
Transportation, District 7, located at 120 South Spring Street, Los Angeles, California
90012, hereinafter referred to as "STATE" or "CALTRANS ", and AUTOSAFE AIRBAG
12 (CA) LP, a Delaware limited partnership, and AUTOSAFE AIRBAG 14 (CA) LP, a
limited partnership, tenants -in- common, located at 14370 White Sage Road, Moorpark,
California 93021, hereinafter referred to as "PERMITTEE" with reference to the
following facts:
Permittee desires State Highway improvements consisting of planting, irrigation, and
maintenance along the northbound Route 23 at the on and off -ramps for New Los Angeles
Avenue in the City of Moorpark, referred to herein as "PROJECT ". Permittee is willing to fund
one hundred (100 %) of all design, capital outlay, maintenance, and staffing costs.
1. Permittee is responsible to apply for necessary encroachment permit in accordance with
State's standard permit procedures. Permittee shall obtain aforesaid encroachment permit
through the Caltrans, District 7, Office of Permits at (213) 897 -3631. In addition, and after
construction of Project, Permittee shall apply for a maintenance permit on an annual basis
one (1) month prior to expiration of said encroachment permit.
2. Upon completion of work, Permittee shall assume maintenance and the expense thereof for
Project, at its own expense in perpetuity. Permittee shall notify State Permit Inspector a
minimum of two (2) working days prior to the start of any landscape maintenance work for
Project.
3. Damage to Project resulting from accident, storm, neglect or other causes beyond the control
of the State are the responsibility of the Permittee.
4. Caltrans shall maintain all highway signs, paved drainage structures and other non - landscape
highway appurtenance.
5. All planting shall be maintained by the Permittee in such condition that it does not interfere
with the free flow of traffic, including maintaining adequate site distances and visibility of
signs. Trees would be maintained to avoid falling branches and to avoid obscuring
advertising signs. Trees shall be pruned on a regular basis using only the highest
STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118 _
LOS ANGELES, CA 90012 Vsp
professionally accepted standards in a manner that will encourage good development while
preserving their health, structure, and natural appearance.
6. A monthly schedule of landscape maintenance stating the dates and approximate times when
work is to be performed including names and telephone numbers for 24 -hour emergency
contact shall be provided to the State Permit Inspector.
7. Permittee shall provide and maintain all water and irrigation systems including utility costs
for Project. Irrigation systems will be maintained and operated to avoid slope damage and
water run -off or spray onto the pavement.
8. Landscaping, paving or other unplanted areas along the roadside within the limits shown on
the attached plans, exclusive of paved drainage facilities, will be maintained so as not to
obstruct the flow of water. Caltrans will be responsible for maintaining paved drainage
structures.
9. By execution of this agreement, it is understood that Permittee shall not remove existing
plants, install new plants, and/or modify irrigation system(s) without Caltrans' approval
firsthand.
10. Future Caltrans projects may be implemented which will require removal and /or
modification to all or a portion of Project. Any replacement landscaping including irrigation
facilities shall be Permittee's responsibility. Upon completion of work, which affects the
limits of maintenance, a revised Exhibit will be prepared and delivered to Caltrans for
approval. Exhibit will supersede the original limits shown on the original permit plans.
11. 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 planting or
irrigation shall be approved by State in advance of performing work. Unless otherwise
directed by the State Permit Inspector, changes authorized will require an encroachment
permit. Failure to notify Caltrans of such changes shall result in the immediate removal of
Project or portions of Project at Permittee's expense.
12. Upon notice of completion of all work under this Project, ownership and title to material,
equipment and such appurtenances installed within State's right -of -way will automatically be
vested in State. No further agreement will be necessary to transfer ownership.
13. Neither Caltrans and State 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 Permittee under or
in connection with any work, authority or jurisdiction delegated to Permittee under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
Permittee shall defend, indemnify and hold harmless the State of California and Caltrans, all
officers and employees from'all claims, suits or actions brought for or on account of injury
2
2
StA: rEorCALFORNrA- BUSK .TS,S AND TRANSPORTATIONAGENCY GRAYDAYIS,Cmwr -
DEPARTMENT OF TRANSPORTATION
DISTRICT 7.120 SOUTH SPRING STREET, ROOM I It
LOS ANGFIFS,CA 90012 0
(as defined in Government Code Section 810.8) occurring by reason of any action taken or
omission of an act required by this agreement by Permittee or in connection with any work,
authority or jurisdiction delegated to Permittee under this Agreement.
14. It is understood that if Permittee at some future date decides not to renew its maintenance
permit required herein, or if the planting is not maintained at a reasonable level subject to
Caltrans' consent, Caltians shall provide Permittee with written notice of failure to renew its
annual permit and/or Caltrans' decision that subject Project is not maintained at a reasonable
level. Permittee shall respond within thirty (30) days of receipt of said notice. Said response
shall describe the action to be taken by Permittee to bring the affected areas back into
compliance or to remove the Project improvements and restore said areas to the pre -
landscaped condition. In the event Permittee does not provide such response and take any
action, Caltrans will take the necessary action(s) to remove the Project and restore the
affected areas to their pre- landscapod condition at Permittee's expense including any legal
COWS)-
IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement in duplicate
as of the day and year stated above.
Permittee: Caltrans
AUTOSAFE G 12 PAk LP.
a Delaware p �p � --
Signature:
By: Initiator (CA) QRS 2 -53. Inc. .
DeLLrare corporal . geaera� partner
Print 1lgame: Pau! Y. Matsuyama
Title:
Phone:
Date:
AUTOSAFE AIRBAG 14 (CA) LP.
a Delaware liadted partnership
By.- Initiator (CA) QRS 14-64. Inc..
a Delaware c Mi general partner
Signature: tare:
Print name: V.
Title: IR 5 r�s R ctiol �r "�il
Phone: (mot,.) y em'— 60
Date:
Landscape Architect
(562) 795 -7084
January 5. 2002
,C 00
CONSENT AND AGREEMENT
The undersigned hereby consents to the terms of this Maintenance Agreement and
agrees to perform all of the obligations of Permittee thereunder in accordance with the terms of
the Lease Agreement by and between the undersigned, as Tenant, and Permittee, as Landlord,
including, without limitation, Paragraph 37(a) thereof.
SPECIAL DEVICES, INCORPORATED,
a Delaware corporation
By:
,(
Y
Title: V, It,, Ato! �� ! - G�✓�IC.LJ
NYLI8-09apr ,02- sdiconsm14 y.do oEJ User
April 9, 2002 2 .23 PM