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1991-283019'C 111man Assessor's Parcel No.: 204-09113 This MAINTENANCE California general pa of future subdivision "Lot Owners ") with Recitals below: 2191 DOC #a 1991®x283419 13 —JUN -1991 01 :39 PM SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVA.NS, COUNTY RECORDER RF; 18.00 FEES: 44.50 AF: 16.00 > MF: 1.00 CF; 9.50 r ti. )(space Above for Recorder's Use) ` Project No.: 90 ®053 AGREEMENT is made by olivenhain Farms, a rtnership (the "Developer "), for the benefit lot owners including the Developer (the reference to the facts set forth in the RECITALS A° This Agreement is required by the City of Encinitas as a condition of approval for a subdivision project as provided in Section 21065 of the California Public Resources Code and pursuant to the City of Encinitas Municipal Code Sections 24.16.060 and 24.29.040; and, Be Developer is the owner of certain easements and real property (the "Property ") presently being subdivided and developed as residential, single family residences which will benefit from certain private facilities (the "Private Facilities "); including, without limitation, a private road, fencing, a bridge, a freshwater pond, a desiltation basin, a private sewer system, trail markers and common area landscaping. A complete legal description of the Property is attached as Exhibit "A." The Private Facilities are described on the attached Exhibit "S." The State Fish & Game Agreement 5=094-91 dated 3/26/91 is attached as Exhibit "C "; arid, C. Developer desires that the Private Facilities shall be maintained in a safe and usable condition by the Lot Owners; and, D. Developer desires to establish a method for the maintenance and repair of the Private Facilities and for the apportionment of the expense of such maintenance and repair among existing and future Lot Owners; and H 2192 E. Developer desires that all of the obligations of this Agreement shall burden the property and constitute covenants appurtenant to and running with the land, binding upon each successive Lot Owner of all or any portion of the Property. AGREEMENT NOW THEREFORE, with reference to the above Recitals, the mutual covenants and conditions below, and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: 10 The Pro ert . The Property shall benefit from this Agreement, an present and successive Lot Owners of all or any portion of the Property are expressly bound hereby for the benefit of the Property. 2. Cost and Ex ense. The cost and expense of maintaining the Private Fa- aci.ities shall be divided equally among the subdivided parcels created in the Property and shall be paid by the Lot Owners and the heirs, assigns and successors -in- interest of each such Lot Owner, 3. Further Subdivisions. In the event any of the parcels of the Property are uffit er subdivided, the Lot Owners, and the heirs, assignees and successors -in- interest of each such newly created parcel shall be obligated under this Agreement for their pro -rata share of expenses. 4. Repairs and Maintenance. The repairs to and maintenance of the Private Facilities under this Agreement shall be limited to the following unless additional work shall be required as determined by a majority vote of the lot owners owning 100% of the Property: a. Reasonable road improvement and maintenance work to adequately maintain the private road easement and related drainage facilities to permit all ®weather access across the same. Such repairs and maintenance shall include without limitation, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining sign markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all- weather road purposes; b. Reasonable: to adequately maintain the repairs and maintenance replacing rails, painting, of all signage, and other to repair and preserve the Bence improvements and maintenance work fencing and related structures. Such shall include, without limitation, general maintenance including upkeep work reasonably necessary and proper facility; 16725175 - 2 - 2193 C* Reasonable bridge improvements and maintenance work to adequately maintain the bridge and related facilities. Such repairs and maintenance shall include, without limitation, filling chuckholes, repairing cracks, repairing and resurfacing roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all =all weather road purposes; d. Reasonable pond improvements and annual maintenance work to adequately maintain the pond area and related drainage facility. Such repairs and maintenance shall include, without limitation, dredging, clearing, stocking with fish which feed on mosquito larva, maintaining the spill way structure, maintaining any watering systems used in conjunction with the up- keep of the common landscaping, and other work reasonably necessary and proper to repair and preserve the pond facility subject to the availability of water; e. Reasonable desiltation basin improvements and maintenance work to adequately maintain the desiltation basin and related drainage facility. Such repairs and maintenance shall include, without limitation, dredging, clearing, and other work reasonably necessary and proper to repair and preserve the desiltation basin; f. Reasonable sewer improvements and maintenance work to adequately maintain the sewer facility and related structures. Such repairs and maintenance shall include, without limitation, repairing cracks, leaks, stoppage, damage caused to sewer easement landscaping and any structures allowed in said easement such as driveways, walls, water lines, etc., and other work reasonably necessary and proper to repair and preserve the sewer system and related easements; g. Reasonable trailmarker improvements and maintenance work to adequately maintain the markers and related structures. Such repairs and maintenance shall include, without limitation, general maintenance, and other work reasonably necessary and proper to repair and preserve the trail markers; and h. Reasonable common landscaping improvements and maintenance work to adequately maintain the landscaping along the private road easement and related drainage facilities. Such repairs and maintenance shall include, without limitation, trimming, pruning, replanting, weeding, thinning, watering and other work reasonably necessary and proper to repair and preserve the landscaping along road easements. 5. Additional SubdivisionRe uirements. if there shall be any covenant, agreement, or, other obligation imposed as a condition of subdivision approval to make improvements to the Private Facilities, the obligation to repair and maintain the 10725175 - 3 - MM, Private Facilities as set forth in this Agreement shall commence on the date the Private Facilities improvements have been completed and approved by the City. 6. Extraordinary Repairs. Any extraordinary repair required to correct any damage to the Private Facilities which may result from any action taken or contracted for by Lot Owners or their successors -in- interest shall be paid for by the party taking such action or party contracting for work which caused the necessity for such extraordinary repair. y. Construction Services. It is agreed that Developer shall be the initial agent to complete all acts necessary to accomplish the repairs and maintenance required and authorized under this Agreement. Developer further agrees that the Developer as agent may at any time be replaced at the direction of a majority of the lot owners. Any repair and maintenance work on the Private Facilities shall be initiated as and when a majority of the lot owners agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of such bids and shall proceed immediately to complete the work described in this Agreement. The agent shall be paid for all costs incurred including reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing its duties, the agent, as it may anticipate the need for funds, shall notify the parties and each party shall within forty -five (45) days pay the agent, who shall maintain a trust account for such payment and shall also maintain accurate accounting records which shall be available for inspection by any party to this agreement upon reasonable request. All such records shall be retained by the agent for a period of five years. 8. Failure to Pay Costs. In the event any lot owner shall fail to pay ts-pro -rata s are of costs and expenses as provided in this Agreement, the agent or any Lot Owner or Lot Owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action, in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the court may fix as and for a reasonable attorneys' fees. 90 Limited Liabilit and Indemnity. Any liability of the Lot Owners for personal in ury to the i�gent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, and any liability of the Lot Owners for damage to the property of agent, or any such worker, 10785175 - 4 - 2195 or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be allocated as between the Lot Owners in the same percentages as to the costs and expenses of such repairs and maintenance. Each Lot owner shall be responsible for and maintain its own insurance, if any. Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance obligations under this Agreement. Accordingly, each of the lot owners agrees to protect, defend, indemnity and hold harmless the others from and against any and all liability for injury to himself or damage to his property whether such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. 10. Indemnification of City, Lot Owners shall jointly and severally efen an nnemni y and hold harmless City, the City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorneys' fees, to the agent hereunder or to any lot owner, any contractor, any subcontractor, any user of the Private Facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the Private Facilities. Nothing in this Agreement, the specifications or other contract documents or the City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgement of or responsibility for any such matter, and the City, the City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability for the same. 11. Effect of Covenant. The foregoing covenants shall be appurtenant to ana run with the Property and shall be deemed to be for the benefit of the property of each of the Lot Owners and each and every person who shall at anytime own all or any portion of the property referred to herein. 12. Successor and Assigns, It is understood and agreed that the covenants Fier e n contained shall be binding on the heirs, executors, administrators, successors, and assigns of each of the lot owners. 13. Future Lot Owners. Any subsequent purchaser of all or any portion of the property, by acceptance of delivery of a deed and/or conveyance regardless of form shall be deemed to have consented to and become bound by this Agreement, including, without limitation, the right of any person entitled to enforce the terms of this Agreement and to institute legal action as provided in Section 7 above, such remedy to be cumulative and in addition to other remedies provided in this Agreement and all other remedies at law or in equity. 16725175 .. 5 MM 14. Amendments. The terms of this Agreement may be amended in writing upon ma ority approval of the Lot owners and consent of the City. 15. California Law. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 16. Common Interest Devel 0 If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) and requires membership in an "Association" as defined in California Civil Code Section 1351(x), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply beginning on the date at (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the Private Facilities) is managed and controlled by an Association as follows: as The Association, through its Board of Directors, shall repair and maintain the Private Facilities and shall be deemed the "agent" as referred to in Section 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The cost of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. b• The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 7 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. c. This Agreement shall not be interpreted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and the Declaration. 17. Headin4s. The headings of the paragraphs of this Agreement are for reference only and shall not be used to limit or interpreting the meaning of any paragraph. 18. Recording. Upon execution, this Agreement shall be recorded rn the official Records of the San Diego County Recorder's office. 10725175 ° 6 0 2197 10725175 OLIVENHAIN FARMS, a California General Partnership General Russell Lloyd Johnson and Julie Lynn Johnson as Trustees U /D /T June 18, 1980 General Partner 4 Rubsell Lloyc['Johoa onl Trustee a Lyn Jo neon (/ Trustee .r STA'T'E OF CALIFORNIA LEJ Me On l ri( tst1 1! 00 , 1991, before me, the undersigned, a Notary Pte] cc in and for said State, personally appeared RICHARD R. DAY, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Managing General Partner of OLIVENHAIN FARMS, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA I COUNTY OF SAN DIEGO On " 10 / C' , 1991, before me, the undersigned, a Notary FujyAic in and for saia State, personally appeared DAVID J. MANNING, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as General Partner of OLIVENHAIN FARMS, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. a"I E 1�i2t c Notary Public i Me On l ri( tst1 1! 00 , 1991, before me, the undersigned, a Notary Pte] cc in and for said State, personally appeared RICHARD R. DAY, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Managing General Partner of OLIVENHAIN FARMS, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA I COUNTY OF SAN DIEGO On " 10 / C' , 1991, before me, the undersigned, a Notary FujyAic in and for saia State, personally appeared DAVID J. MANNING, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as General Partner of OLIVENHAIN FARMS, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. a"I E 1�i2t c Notary Public tL- 2199 STATE OF CALIFORNIA } 7 ss COUNTY OF SAN DIEGO ) On _ ��t 1991, .before me, the undersigned, a Notarp j4gct in an or said State, personally appeared RUSSELL L JOHNSON and JULIE LYNN JOHNSON, personally known to me or proved to me on the basis of satisfactory evidence to be the Trustees of the Johnson Trust UJDJT June 18, 1980, which executed the within instrument as General Partner of CILIVENHAIN FARMS, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same, WITNESS my hand and official seal, amN6tary EAL �Ht '. alifornia jV UNTY 8.1993 i' r ^=a rLl it r v � ' 1�- Exhibit A. LEGAL DESCRIPTION 2200 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THOSE PORTIONS OF LOTS 3 AND 41 IN SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF AND LOT 17 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 271 1898, ALL THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO ROBERT E. ANDERSON, ET UX, RECORDED DECEMBER 29, 1972 AS FILE N06 346350 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ANDERSON'S LAND TO AND ALONG THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED TO ANGUS Be MacADAM, RECORDED DECEMBER 31, 1973 AS FILE NO. 73359116 OF OFFICIAL RECORDS, NORTH 86.18'56" WEST (RECORD —NORTH 83.40000" WEST) 690.00 FEET TO AN ANGLE POINT IN SAID MaCADAMS BOUNDARY; THENCE LEAVING SAID BOUNDARY SOUTH 16035156" WEST 448.86 FEET TO THE SOUTHERLY LINE OF SAID LOT 17; THENCE ALONG SAID SOUTHERLY LINE NORTH 84.23'53" EAST 357.00 FEET TO THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID WESTERLY LINE SOUTH 3.59120" EAST 906.73 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89.48112" EAST 375995 FEET TO THE SOUTHEAST CORNER; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 1001'29" EAST 1256.99 FEET TO THE POINT OF BEGINNING. Exhibit B_ LEGAL DESCRIPTION PRIVATE ROAD, UTILITY AND DRAINAGE EASEMENT PARCEL 1: A strip of land 40 feet in width over, under, along, and across Lots 3 and 4, in Section 8, Township 13 South , Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to the Official Plat thereof, and Lot 17 of the Subdivision of the Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County June 27, 1898, said strip of land being more particularly described as follows: Beginning at a point on the South line of said Lot 17, distant thereon South 87002117"West, 344.30 feet from the Southeast corner thereof; thence North 76033'08" East, 356.24 to the beginning of a tangent 80.00 feet radius curve concave Southerly; thence Southeasterly along the arc of said curve thru a central angle of 56°41'03" a distance of 79.15 feet; thence South 46 045'49 "East, 47.57 feet; thence North 43 014'11"West, 40.00 feet; thence North 46045'49"West, 57.30 feet to the beginning of a tangent 30.00 feet radius curve concave Northeasterly; thence Northerly along the arc of said curve thru a central angle of 61 056'12" a distance of 32.43 feet; thence North 15 010'22" East, 30.02 feet; thence North 74049'37"West, 40.00 feet; thence South 15010'23"West, 21.86 feet to the beginning of a 30.00 feet radius curve concave Northwesterly; thence Southwesterly along the arc of said curve thru a central angle of 75 019107" a distance of 39.44 feet to the beginning of a 20.00 feet radius reverse curve concave Southerly, a radial line to said point bears South '30"West; thence Westerly along the are of said curve thru a central angle of 13 056'22' a distance of 29.19 feet; thence South 76°33'08"West, 341.54 feet to the Easterly line of Parcel 4 of Parcel Map No. 9771, filed in the Office of the County Recorder of San Diego County on March 6, 19801 said point lying distant thereon North 19 °16'17 "East, 45.38 feet from the Southeast corner of said Parcel 4; thence South 19 °16'17"West, 45.38 feet to the Southeast carnet of said Parcel 4, said point also lying an the South line of said Lot 17, distant thereon South 87002'17"West, 10.00 feet from the Point of Beginning; thence North 87°02'17 "East, 10.00 feet to the Point of Beginning. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, TOGETHER WITH THE RIGHT AND POWER TO CONVEY THE SAME TO OTHERS OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHERLY 40"00 FEET OF LOT 17 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE *COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .TUNE 27, 18951 LYING WESTERLY OF THE MOST WESTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED. - 1 - PARCEL 3: 9M ! 1' ! EXCEPTING THEREFROM THAT PORTION LYING WXTEIN THE SOUTHERLY 40m FEET OF SAID PARCEL 4a IS LEGAL DESCRIPTION A strip of land 10 feet in width over, under, along, and across Lots 3 and 4, in Section 8, Township 13 South , Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to the Official Plat thereof, and Lot 17 of the Subdivision of the Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County June 27, 1898, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: Beginning at a point on the South line of said Lot 17, distant thereon South 87002'17 "West, 90.77 feet from the Southeast comer thereof; thence North 24040'08" East, 5.64 feet to a point hereinafter described as Point "A "; thence continuing North 24 040'08 "East, 53.00 feet to the point of terminus, said point lying on the Southeasterly line of that strip of land described in Exhibit "D ", attached hereto and made a part hereof, distant thereon South 7M'OB"West, 70.74 feet from beginning of said tangent 60.00 feet radius curve concave Southerly with a central angle of 56°41'03", described in Exhibit "D". The sidelines of said strip are to be extended or shortened so as to intersect on the South line of Lot 17 on the South and on the Southeasterly line of said easement described in Exhibit "D" on the North. Beginning at point "A ", described above; thence Easterly parallel with and 5.00 feet North of the Southerly line of said Lot 17, South 87002'17"East, 110.00 feet; thence North 29 041'26 "East, 62.93 feet to a point lying on the arc of said 80.00 feet radius curve concave Southwesterly described in Exhibit "D", said point lying distant thereon 51.15 feet along the are of said curve from the Westerly terminus of said curve, a radial line bears North 23 010'48 "East to said point. The sidelines of said strip of land are to be extended on the Northeast to intersect with the arc of the 80.00 feet radius curve described in Exhibit "D ". _2� Exhibit "c" 2203 1Noruhl Lion No. 5_1194-91 THP No. AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION WHEREAS, pursuant to Division 2 Chapter 6 of California Fish and Game Code, the operator, on theZAth day of February 19.9.L, notified the Department that he Intends to substantially divert or obstruct the natural flow of, or substantially change the bed, channel, or bank of, or use material from the streambed of, the following water: Unnamed Tributary to , in the County of San n?tgn ,StateofCalifornia S 8 TAR 3W Escondido Creek 1. All work in or near the stream or like shall be confined to the period •- 1,1991 to December 46°'w ®nti al b ®s- as.mmaw.la4ti nnc r�ran4ir,,,�i1 r.n Ai- 1�as.M ®l ba rv® 7& The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site. If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5945, may result in prosecution. Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances THIS AGREEMENT 'IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL RE PROVIDED PAY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED. This a¢reem es effective on— _S$.f7HltUre__41_- d_d -0li1aellt Title Department of Fish and Came, State of California Date 3/26/91 ... kt_ - °i• a : - ,e -•A • !1• R- -, •i ! -.. _ _� 46°'w ®nti al b ®s- as.mmaw.la4ti nnc r�ran4ir,,,�i1 r.n Ai- 1�as.M ®l ba rv® 7& The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site. If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5945, may result in prosecution. Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances THIS AGREEMENT 'IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL RE PROVIDED PAY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED. This a¢reem es effective on— _S$.f7HltUre__41_- d_d -0li1aellt Title Department of Fish and Came, State of California Date 3/26/91 2204 Streambed Alteration Agreement No, 5- 094 -91 6.) Prior to any construction or excavation, the Operator shall submit to the Department for review and approval, engineer's design and drawings of the impoundment structure. 7.) This Agreement is not intended as the Department's approval of the project or of specific project features. Independent review and recommendations shall be provided by the Department as appropriate where local, state or federal permits are required. 8.) Prior to any construction activities, the Operator shall submit to the Department for review and approval a revegetation plan for a six (6) foot wide belt running the perimeter of the newly constructed pond. Revegetation shall be comprised of native trees, shrubs and an approved hydroseed blend. Further details on attached Page 3. 9.) A copy of this Agreement shall be given to and read by all contractors and subcontractors. A copy of this Agreement shall be readily available at the job site at all times during operations and presented to Department employees upon request. 10.) The perimeter of the pond shall be gently sloped so as to facilitate the establishment of wetland vegetation. 11.) Raw cement /concrete or washings thereof, asphalt, paint or other coating material, petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the State. Any of these materials, placed within or where they may enter a stream, by the Operator or any party working under contract, or with the permission of the Operator,shall be removed immediately. 12.} No equipment shall operate in a wet stream channel. The entire work area shall be completely dewatered prior to any work in the channel. 13.) The Department reserves the right to enter the project site at any time in order to ensure that there is compliance with the terms /conditions of this Agreement. 14.) Protective measures shall be taken so that horses are precluded from access to the pond and sensitive wetland vegetation. *Special Recommendations Continued on Attached Page 3* Streambed Alteration Agreement No. 5- 094 -91 15 . ) The Operator shall submit to the Department for review and approval, prior to initiation of project activities, a detailed planting palette indicating species, quantity, and location of plantings. included with the planting palette shall be a Proposed maintenance plan far the mitigation area. 16 .) In order to determine if the revegetation techniques used have lean successful the plants shall achieve the minimum growth at the emd of three and five years. If the minimum growth is not achieved then the Operator shall be responsible for taking the appropriate Corrective measures as determined by Department reprosentatiees. The Operator shall be responsible for any cost occurred during Ott revegetation or in subsequent convective measures. Hat all Of the following species may pertain to this Agreement. SPECIES SIZE AT PLANTING HEI11T PLANTING CENTERS 3 years 5 yews iCALLONSi Arreye gnilew FE 6 ft 1'i ft B ft 1 gallon S ft 10 ft i5 ft Sjazi. g :i!ow FE a ft 12 ft 16 ft I gallon 6 ft 12 ft IS ft Eaudbsr urjlow FE 5 ft. A ft ft i gallon 5 ft A fl: C it Red Willow Fs s ft 9 ft i5 tt 1 gallon s ft 9 ft i5 ft Sycamore i gallon 20 ft 5 ft 3 ft 5 gallon 22.5 ft 7 ft 13 ft 15 gallon 25 ft 10 ft is ft Cottonwood i gallon + 7 ft 12 ft 5 gallon + 9 ft 15 ft 15 gallon • 13 ft 20 ft White Alder 1 gallon + 6 ft 11 ft 5 gallon • 9 ft 13 ft 15 gallon * 11 ft 16 ft • e Depending if used as supplimental species (40 ft Q.C.) or if dominate species (15 ft Q.C.) OAKS Coastal live 1 gallon 20 ft 3 ft 6 ft 5 gallon 25 ft 5 ft 9 ft 15 gallon 30 ft 7 ft lA ft Canyon live I gallon 20 ft 3 ft 6 ft: 5 gallon 25 ft 5 ft 3 ft 15 gallon 30 ft 7 ft lA ft Scrub 1 gallon 20 ft 2 ft 4 ft 5 gallon 30 ft 3 ft 5 ft 15 gallon 90 ft 3 rt 6 ft Ali Shrub species 1 gallon + 5 gallon + 15 gallon Y • : Plant in naturalized clues and randomly s :sttered. All planting will have a minimum of 90; survival the first year and 100; thereafter for years through .5-_. Ina operator shall submit to the Department far review and appraval within 3e days after completion of the first year', tnowll, a monitoring report and annually thereafter through year 55 *Special Recommendations Continued on Attached Page 4* 1, (819) 437.7311 Special Recommendations Continued for Streambed Alteration Agreement No. 5-094-91 17.) The Department reserves the right to suspend and/or revoke this Agreement if the Department determines that the circumstances warrant. Circumstances that could require a revaluation include, but are not limited to, the following: a. Failure to comply with the terms /conditions of this Agreement. b. The information provided by the Operator in support of the Agreement /Notification is determined to be incomplete or inaccurate.. c. When new information becomes available to the Department representative that was not known when preparing the original terms.of this Agreement. d. The project as described in the Notification has changed, conditions affecting fish and wildlife resources change. 1$.) The Operator shall notify the Department, in writing, at least five (5) days prior to completion of the project. A final inspection shall be made when the prject is completed and revegetation has commenced. CONCURRENCE operators ldttuSC j%e¢�y signature Department! Represe tative Fish and Game Warden #379 Department of Fish and Game, State of California