HomeMy WebLinkAboutSkyline Development Inc; 1987-04-01;1.
AGREEMENT FOR
XWISCAPE LANDSCAPE DEMONSTRATION
AND EDUCATION PROJECT
This Agreement is entered into this first day of April,
1987, by and between the Costa Real Municipal Water District
("District") and Skyline Development, Inc. ("Skyline"), a
California corporation, with respect to the following facts:
A. District is authorized to disseminate information and
undertake water conservation programs under Water Code 71596 and
71610.5, and is obligated to implement a public information program based upon its adopted "Urban Water Management Plan," per Water Code 10643.
B. District has determined that to encourage and educate
developers and homeowners in the use of xeriscape water conserva-
tion techniques in new residential developments, it is necessary
to demonstrate the beauty and value of xeriscape in a new model
home open to the public. Emulation of these practices by the
public will result in long-term water conservation within the
District .
C. Skyline wishes to assist the District in educating the
public as to the benefits of water conserving landscaping and is
the owner and developer of Capri Models, Map No. 85-18, a
residential development within the District.
The initial expenditures for installation of mature
xeriscape landscaping in a model dnit for public display, with
adequate interpretive program materials, exceed those for a
standard landscaped model which is not designed to be open to the public. District has determined that the demonstration project
described herein is of public benefit.
1 D.
NOW, THEREFORE, IT IS AGREED:
1. Xeriscape at Model Home. Skyline agrees to
install in Lot No. 51 of Map No. 85-18 xeriscape landscaping to
encourage, demonstrate and explain water conserving landscapes
which will be open to the public for a continuous period of not
less than two years from the date of completion of the
landscaping, commencing not later than June 15, 1987.
a. Data. The model will be landscaped and
designed to provide comparative data on water use through the inclusion of dual meters for landscape irrigation. Data
shall be recorded by Skyline in a format approved by
District, and shall be the property of Skyline and District for their use.
b. ----- Plant Mix. Landscaping shall include a variety of regionally appropriate planting types (trees,
shrubs, ground cover, etc.), mulches (wood bark, gravels,
I
-9 cobbles, sheet laterial, etc.), and irr ation techniques
(low-precipitation spray, drip, bubblers, micro-spray,
moisture sensors, etc.) approved by the District.
c. Open to Public. The public will be allowed
to walk through the yard of this model during regular business hours; including at least six hours per day on weekends. Interpretive information, including signage
and written materials approved by District, shall be pro- vided on-site by Skyline. Skyline shall also provide
a covered on-site location for the District to maintain printed materials regarding water conservation and
xeriscape. District shall have the right to schedule
on-site tours and other activities, during non-business
hours, upon
District .
d.
as fountains the special small scale,
element .
reasonable notice, at no additional cost to
Water Displays . Special features such
and waterfalls will be included to enhance character of the landscaping and demonstrate high impact use of water as an aesthetic
e . Maintenance. The landscaping shall be
maintained in good condition during the term of this agree- ment, including timely replacement of damaged or diseased
plants. The special maintenance needs of xeriphytic land-
scapes will be included in the maintenance program for the model, as special attention is required during initial stages of plant growth to ensure that plant material is
not overwatered and that the material establ5shes itself.
2. District Review. Skyline shall, prior to install-
ation of any landscaping in the model, submit landscaping
designs, plans and plant material selections to the District for approval, based upon visual appearance, variety and water
conservation efficiency.
3. Payments. District agrees to reimburse Skyline
for the increased expenses actually incurred hereunder up to
$16,700, in accordance with'the following general budget:
District Original Proposed Share
Planting $10,270 $15,970 $ 5,800 Irrigation 3,575 5,575 2,800
Design 1,300 3,800 2,500 Hardscape 6,655 13,155 6,500
TOTAL $21,800 $38,500 $16,700
Reimbursements shall be due 30 days after submission to District
of copies of invoices to Skyline for work and material. Reim-
bursements shall be calculated as a percentage of each invoice,
using the ratio of "Proposed" to "District Share" for each line item category in the budget.
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IC 4. iqnage and Interpretive Material. Prior to the opening of the model to the public, Skyline shall submit
' to the District for review and approval the interpretive mater- ials, including signage and literature, to be displayed to
visitors. The participation of the Costa Real Municipal Water
District in the landscaping shall be prominently acknowledged
on-site, in any directional signage for the model off-site, interpretive materials and any advertising regarding this demon-
stration project; however, no such acknowledgement shall imply, directly or indirectly, any endorsement of, or participation in, Skyline's housing development.
5. Refund. In the event Skyline is unable to keep the unit open for the full two-year minimum period for any
reason, Skyline will reimburse to District a prorated portion of the payments made by District for the demonstration project, and District shall have no further obligations hereunder.
6. Landscapinq Plans. Landscaping plans and designs for the model shall be nade available to District for use as
District deems appropriate.
7. Indemnification. Skyline agrees to indemnify
and hold District free and harmless from any and all claims for damages or injuries arising out of the construction, mainte-
nance and display of the xeriscape landscaping which is the subject of this agreement.
8. Attorneys' Fees. In the event of any action
between the parties arising out of this agreement, the prevailing
party shall be entitled to reasonable attorneys',fees.
9. District Approvals. The Board of Directors of District may delegate, by motion, its approval authority to District staff or officers. Approval by District shall
not be construed as approval as to the safety of the project
or method of construction.
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IN WITNESS WHEREOF, the parties have executed this agreement by their officers, therein duly authorized as of the date and
year first written above.
"SKYLINE DEVELOPMENT, INC. I'
"COSTA REqL,MUNICIPAL WATER DISTRICT"
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