SR 06:013 - Laserfiche WebLink

Considerable effort has been made to respond to the requests for additional information made by Zone 7 as outlined in the chronology shown on Attachment 10. Acceptance of the geotechnical work by Engeo has yet to be received in writing from Zone 7 to the applicant. The site was initially designed and continues to reflect the recommendations of Engeo, Inc. related to the setbacks noted above. The City would like to have Zone 7 own the Arroyo and be the responsible agency for its maintenance. Representatives from the City have met with Zone 7 to determine the conditions upon which Zone 7 would accept ownership. Zone 7 has provided the willingness to accept an offer of dedication provided certain conditions can be met: 1. Provide a 2Y:z:1Iine of projection from the toe of the creek bank to the top of the bank for non-habitable improvements. 2. Ensure that the homeowners association (HOA) is the sole responsible entity via CC&Rs which include covenants that: a) maintain a minimum of$250, 000. 00 in a reserve fund; OR b) maintain an insurance policy of no less than $3,000,000.00 per claim. In addition: c) The HOA covenants and agrees to defend, indemnifY, and to hold harmless ZONE 7. d) The HOA shall reimburse Zone 7 for all costs associated with the repair of any Zone 7 property. 3. The CC&Rs shall not be amended without the prior written consent of Zone 7. To date, it remains unclear if the conditions can be met by a homeowners association. Staff has been concerned with approving the project with conditions that mayor may not be able to be attained and that have not been entirely confirmed as actually meeting the requirements of Zone 7. Zone 7 has presented the idea that even if it were to accept an offer of dedication, it will not maintain the embankment, therefore requiring certain conditions similar to those listed above. SR06:013 Page 12 of 17