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OAK TREE RELOCATION AGREEMENT
This Agreement ( "Agreement ") is made this �A 41, day of e—bl r , 2003,
by and between the City of Arcadia ( "City "), a California municipal corporation, and Touchstone
Development Co., a California partnership ( "Developer ").
WHEREAS, City has a strong commitment to preserving and protecting oak trees within
the City, and the Arcadia Municipal Code contains ordinances designed to fulfill this purpose;
and
WHEREAS, Developer wishes to relocate a large existing holly oak within the public
right -of -way to facilitate construction of two new homes; and
WHEREAS, City and Developer wish to establish the terms and conditions under which
City will approve the relocation of the holly oak.
NOW, THEREFORE, City and Developer agree as follows:
1. City hereby grants approval to Developer to relocate one holly oak tree from its existing
location in the public right -of -way generally located at 2489 South Baldwin Avenue to a new
location approximately fifteen (15) feet to the west on the same parcel. The approval granted
under this Agreement shall be in lieu of the oak tree permit normally required for the removal of
an oak tree pursuant to sections 9701 et seq. of the Arcadia Municipal Code.
2. Developer shall take all practicable measures to ensure the safe relocation of the holly
oak tree, and upon the completion of the relocation, shall take all protective measures required by
section 9703(b) of the Arcadia Municipal Code
3. Prior to undertaking the relocation, Developer shall post with the City a bond in an
amount sufficient, as determined by the City's Public Works Services Director in his sole and
absolute discretion, to pay for procuring and placing a new fully mature holly oak tree grown in a
box of not less than one hundred twenty (120) inches in size. This bond shall remain in effect for
two (2) years from the date of the relocation. The bond shall be issued by a surety having a
rating of at least A:VIII by A.M. Best's Guide, in the form and the substance of this bond shall
be subject to prior approval of the City's Public Works Services Director and the City Attorney,
in their sole and absolute discretion.
4. If the relocated holly oak tree dies within two (2) years of the relocation, or if, in the
opinion of a qualified arborist, the tree is damaged or stressed such that it is substantially likely
to die, City may use the proceeds of the bond to replace the holly oak tree, without right of
protest or objection by Developer.
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5. The persons signing below represent and warrant that they have authority to enter into
this Agreement on behalf of the entities for which they are signing this Agreement, and thereby
bind such entities to the terms and conditions hereof.
CITY OF ARCADIA,
a California municipal corporation
Its: �q�
Dated: 4- wo%
ATTEST:
i y Clerk
APPROVED AS TO FORM:
OAT (I
City Attorney
2
TOUCHSTONE DEVELOPMENT CO.,
a California partnership
IC
Its:
Dated:
CONCUR:
Pat Malloy Date
Public Works Services Director
S
TOUCHSTONE;DEVELOPMENT CO.
10608 RUSH STREET
SOUTH EL MONTE, CA 91733
*4 r
WELLS FARGO BANK, N.A.
16 -24 -1220
3308
9/22/2003 �?
PAY TO THE CITY OF ARCADIA
ORDER OF $ * *21,887.00
Twenty-One Thousand Eight Hundred Eighty-Seven and
MEMO
CITY OF ARCADIA
P.O Box 60021,
Arcadia, Ca, 91066
8
DOLLARS
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CITY OF ARCADIA 1-%)fe AWD'' ?lOW 0 Z�7' - Y „/
11'00330811' 1: 1 2 2000 24 71!:04966 196 213,1'
TOUCHSTONE DEVELOPMENT CO.
CITY OF ARCADIA
6075 - Bond Expense
Wells Fargo CITY OF ARCADIA
TOUCHSTONE DEVELOPMENT CO.
CITY OF ARCADIA
6075 - Bond Expense
Wells Fargo CITY OF ARCADIA
ED DELUXE BUSINESS FORMS 1 +800328 -0304 www.doluxeforms.com
9/22/2003 3308
21,887.00
21,887.00
9/22/2003 3308
21,887.00
21,887.00