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HomeMy WebLinkAboutC-20173D -G6 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. n 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 s m m 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