HomeMy WebLinkAboutItem 10 - Santa Rosa at Monterey Reimbursement Agreement with 1144 Higuera Street LLC
Department Name: Public Works
Cost Center: 5001
For Agenda of: March 3, 2020
Placement: Consent
Estimated Time: N/A
FROM: Shelly Stanwyck, Assistant City Manager / Interim Director of Public Works
Prepared By: Matt Horn, Deputy Director of Public Works and City Engineer
SUBJECT: SANTA ROSA AT MONTEREY REIMBURSEMENT AGREEMENT WITH
1144 HIGUERA STREET, LLC
RECOMMENDATION
1. Adopt a Resolution (Attachment A) approving a Reimbursement Agreement (Attachment B)
for the construction of specific public improvements by 1144 Higuera Street, LLC that both
maintain and improve the downtown, and authorize the City Manager to execute this
Agreement; and
2. Advance Infrastructure Investment Funds in the amount of $500,000 from Fiscal Year 2020-
21 to 2019-20; and
3. Defer Fiscal Year 2020-21 Downtown Renewal Project to support the cost associated with
the Reimbursement Agreement.
DISCUSSION
Background
The property located at 1144 Higuera Street is currently under development. As part of that
development a new restaurant space will be created at the southeast corner adjacent to the
intersection of Santa Rosa and Monterey Streets (“Intersection”). As with standard construction
in the Downtown Core, 1144 Higuera Street, LLC (“Developer”) was proposing to install City
Standard Mission Style Sidewalk approximately eight-foot-wide, or the minimum width allowed
to adequately address pedestrian needs. Based upon conversations between the Developer and
staff, the Developer is now proposing to install eight-foot-wide sidewalks along Santa Rosa
Street and an eighteen-foot-wide sidewalk along Monterey Street (see Attachment C). At this
time, the Developer is also reviewing the reimbursement agreement and the terms will be
finalized prior to execution.
Reasons for Prominent Monterey Street Sidewalk
This enhanced sidewalk was proposed to create a signature corner that clearly conveys to the
community that they are entering into the Downtown Core. It will provide a focal point at the
entrance to the Downtown (from Scenic Highway 1 and Historic Monterey Street) that is
prominent, activated (through sidewalk dining) and welcoming. It will increase the likelihood of
community members and visitors that may be staying in adjacent hotels to further investigate and
enjoy the Downtown. This widened sidewalk allows for the future restaurant anchor tenant to
have greater amounts of outdoor dining while still providing the necessary facilities for
pedestrians comfortably to use. This level of investment may also increase the likelihood of
Item 10
Packet Page 121
other adjacent properties to redevelop, helping the continued transitions of this area to a mixed
use of commercial and housing inventory. Lastly, this enhanced sidewalk will provide increased
safety for the thousands of employees of the County of San Luis Obispo, Su perior Court,
banking institutions, medical offices, and other adjacent businesses.
Construction Partnership Opportunity
To accomplish this increased sidewalk width, more than half of Monterey Street must be
reconstructed in order to match vertical elevations, provide acceptable slopes and grades for
community members with limited mobility, address stormwater drainage issues, and transition
the existing roadway to the new sidewalk elevation. This amount of public improvement (of the
street) for this type of development creates a fiscally infeasible situation for the development to
bear without a financial contribution from the City. Fortuitously, projects that both improve the
existing intersection and the pavement of Monterey Street were currently under development by
staff for future consideration by Council. If the City and Developer partner on these
improvements. they will be accomplished more rapidly than originally anticipated. This will
also directly benefit the vitality of the Downtown Core, increase accessibility, and incent future
redevelopment along Monterey Street.
Public Improvements Planned and Approved
The Developer has prepared plans to implement public improvements associated with this
project and those plans have been reviewed and approved by the City. The Developer is
proposing to install:
1. High Visibility Crosswalks. Four marked high-visibility crosswalks at the Intersection that
will significantly increase pedestrian safety.
2. Bicycle Enhancements. Provide enhanced bicycle markings and bicycle boxes at the
Intersection that alert vehicles to the possible presence of bicycles in the roadway and
provide a delineated path for riders to follow.
3. New and Flexible Traffic Signal Equipment. Install new traffic signal equipment at the
Intersection that increases safety and provides flexibility for the future implementation of a
pedestrian scramble phase if in the future studies indicate a scramble 1 is an appropriate
measure. This work will also bring the signal equipment into compliance with current City
Standards and accessibility requirements. Last, the new signal equipment will allow for
signal phasing changes that will decrease exposure for pedestrian/vehicle conflicts.
4. Substantial Repaving. The project includes repaving an area of Monterey Street that is
approximately 30 feet wide and 160 feet long.
5. Prominent and Widened Sidewalk. As previously discussed, new sidewalk in the Mission
Style with appropriate accessible ramps will also be installed. The Monterey Street frontage
will be eighteen-feet wide and allow for multiple uses including outdoor dining and
pedestrians.
The total value of these improvements is estimated at approximately $560,000 of which the
Developer will fund $200,000.
1 A pedestrian scramble, also known as scramble intersection and scramble corner is a type of traffic signal movement that temporarily stops
all vehicular traffic, thereby allowing pedestrians to cross an intersection in every direction, including diagonally, at the same time.
Item 10
Packet Page 122
Future Flexibility
While this proposed work discussed above will increase safety and maintain the area
immediately, the Developer is proposing to install improvements in the public right of way that
will be used exclusively for this private business needs. These improvements are not the subject
of this reimbursement agreement and will be privately funded. If in the future, the City
determines that the use of the public right of way needs to be modified to meet some future
unknown need, the Developer is subject to an encroachment agreement. This encroachment
agreement protects the City interest of the right of way and upon notification by the City to the
Developer, the Developer is required to remove all private infrastructure in the public right of
way and restore the right of way for public use.
Policy Context
Municipal Code Section 16.20.110 establishes the eligibility for reimbursement agreement for
private development. Whenever improvements are required to be installed adjacent to property
other than that being developed or in greater size or capacity than that required for the
development of the property under consideration, the developer of the improvements may be
eligible for reimbursement.
Public Engagement
This project has a notify level of engagement as identified in the City’s Public Engagem ent and
Notification level. Public hearings were held before the Architectural Review Commission and
Bicycle Advisory Committee during the entitlement process for the building.
CONCURRENCE
The City’s Attorney, Community Development & Finance Departments have reviewed this staff
report and concur with its recommendation.
ENVIRONMENTAL REVIEW
The project was determined to be Categorically Exempt from environmental review under Class
32, In-Fill Development Projects; Section 15332 of the State of California Environmental
Quality Act (CEQA) Guidelines, because the project is consistent with General Plan Policies for
the land use designation and is consistent with the applicable zoning designation and applicable
regulations. The project site occurs on a property of no more than five acres, which is
substantially surrounded by urban uses and has no value as habitat for endangered, rare or
threatened species. The project would be served by adequate required utilities and public
services. The project has been reviewed by the City’s Public Works Department, Transportation
Division, and no significant traffic impacts were identified, based on the size and location of the
project. Based on the current use of the site, the proposed project as designed, the location fo r the
project, and compliance with existing Zoning and Municipal Code Regulations including the
City’s Noise and Stormwater Regulations, the project would not result in any significant effects
related to noise, air quality, or water quality. The proposed public improvements and
reimbursement agreement are consistent with this determination and will not result in any
reasonably foreseeable impacts to the environment.
Item 10
Packet Page 123
FISCAL IMPACT
Budgeted: No Budget Year: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State
Federal
Fees
Infrastructure
Investment Fund $559,100 $500,000 $59,100 NA
Total $559,100 $500,000 $59,100 NA
Project Funding Breakdown
Construction $560,000
Contingencies $140,000
Project Total $700,000
Funding Sources
Developer $200,000
City Infrastructure Investment Fund $500,000
Funding Source Total $700,000
With the 2019-21 Financial Plan, the City implemented the Infrastructure Investment Fund. This
fund’s primary objective is to fund partnership projects between the City and the development
community and fund projects that would produce economic dividends to the City or help
accomplish Major City Goals related to housing.
The City’s Infrastructure Investment Fund is primarily comprised of funding received from SB
1090 (the Diablo Canyon nuclear powerplant economic impact mitigation act). This funding is
well suited to be used for public / private partnership projects that could have positive benefits to
the local economy.
As part of the 2018-19 Comprehensive Annual Financial Report that Council will be reviewing
in detail on March 17, 2020; the specific Downtown Renewal Project budgeted for Fiscal Year
2020-21 (focused on sidewalk replacement on Broad Street) a significant portion is
recommended for deferral to a later date and the remainder for reprogrammed capital projects
(banners and sidewalk cleaning equipment). The remainder of the funds will be used to replenish
the Infrastructure Investment Fund or other improvements as part of the 2020-21 fiscal year. The
rationale for this recommendation is that the necessary community outreach has yet of occur,
plans and specifications have yet to be completed, and the general sense is that block of
Downtown could use a break from construction projects as business gets back to normal with the
opening of Hotel Cerro.
Item 10
Packet Page 124
ALTERNATIVES
Deny the request. The City Council could deny the request for a Reimbursement Agreement
with Developer. This action is not recommended because it will delay these important safety
improvements to the intersection of Santa Rosa and Monterey Street and delay the economic
benefits of new commercial properties becoming available and used by local businesses and will
not provide the opportunity to enhance this location into a prominent corner.
Attachments:
a - Draft Resolution
b - Reimbursement Agreement with 1144 Higuera Street, LLC
c - Map of Improvements
Item 10
Packet Page 125
R _____
RESOLUTION NO. _________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH 1144 HIGUERA STREET, LLC FOR OVERSIZED
PUBLIC IMPROVEMENTS AND RELATED BUDGETARY
APPROPRIATIONS
WHEREAS, 1144 Higuera Street LLC, has developed plans for necessary public
improvements to Monterey Street and the intersection of Monterey Street and Santa Rosa Street; and
WHEREAS, 1144 Higuera Street LLC has secured City approval of the Public Improvement
Plans and a City Encroachment Permit has been issued for construction; and
WHEREAS, 1144 Higuera Street LLC has entered into an Encroachment Agreement for
private improvements to be installed within the public right-of-way and shall remove said private
improvements within the public right-of-way upon notification at no cost to the City; and
WHEREAS, there are certain public improvements associated with the 1144 Higuera LLC
project that include public improvements that must be installed on adjacent properties and/or are
greater in size and capacity than required to serve only the1144 Higuera LLC project thereby qualify
said public improvements for reimbursement as set forth in San Luis Obispo Municipal Code Section
16.20.110; and
WHEREAS, the City has an established Infrastructure Investment Fund that funds Public/
Private Partnership Projects and projects that provide economic value to the City; and
WHEREAS, the deferment of a previously approved Capital Improvement Plan Project on
Broad Street between Higuera Street and Marsh Street to a future Financial Plan will reduce the
impacts related to construction to the downtown.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The 2020-21 Downtown Renewal Project on Broad Street between Higuera
Street and Marsh Street is deferred to a future Financial Plan.
SECTION 2. The 2020-21 Infrastructure Investment Funding in the amount of $500,000 is
advanced and appropriate to support this “Infrastructure Reimbursement Agreement.”
SECTION 3. The “Infrastructure Reimbursement Agreement” is hereby approved, and the
City Manager is authorized to approve minor revisions and to execute the “Infrastructure
Reimbursement Agreement” on behalf of the City.
SECTION 4. The Public Works Director is authorized to administer and implement the
“Infrastructure Reimbursement Agreement” as provided therein.
Item 10
Packet Page 126
Resolution No. _________ (2020 Series) Page 2
R _____
SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 6. Environmental Review. The project was determined to be Categorically
Exempt from environmental review under Class 32, In-Fill Development Projects; Section 15332
of the State of California Environmental Quality Act (CEQA) Guidelines, because the project is
consistent with General Plan Policies for the land use designation and is consistent with the
applicable zoning designation and applicable regulations. The project site occurs on a property of
no more than five acres, which is substantially surrounded by urban uses and has no value as
habitat for endangered, rare or threatened species. The project would be served by adequate
required utilities and public services. The project has been reviewed by the City’s Public Works
Department, Transportation Division, and no significant traffic impacts were identified, based on
the size and location of the project. Based on the current use of the site, the proposed project as
designed, the location for the project, and compliance with existing Zoning and Municipal Code
Regulations including the City’s Noise and Stormwater Regulations, the project would not result
in any significant effects related to noise, air quality, or water quality. The propos ed public
improvements and reimbursement agreement are consistent with this determination and will not
result in any reasonably foreseeable impacts to the environment.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ___________ day of ___________________________, 2020.
____________________________________
Teresa Purrington, City Clerk
Item 10
Packet Page 127
1
INFRASTRUCTURE REIMBURSEMENT AGREEMENT
(Construction of Street Improvements)
This Reimbursement Agreement (“Agreement”) is entered into on ______________,
by and between the City of San Luis Obispo, a California charter city and municipal corporation
(the “City”), and 1144 Higuera Street, LLC, a California limited liability company (the
“Developer”), with regard to the subject property commonly known as 1101 Monterey Street in the
City of San Luis Obispo, Assessor’s Parcel No. 002-436-018 and legally described in Exhibit A,
attached hereto (the “Property”).
A. The purpose of this Agreement is to set forth the terms and conditions upon which
the Developer will construct and be reimbursed for certain public improvements to Monterey
Street associated with Developer’s private improvement project, which otherwise would not be
completed by the City at this time. The public improvements include, without limitation, the
following: traffic control associated with street improvements such as street leveling, grading,
paving, marking, striping, and directional markings; and work or replacement of the traffic signal
arms, including associated utilities, at Monterey and Santa Rosa Street, such improvement made
within the City’s right of way, all of which improvements are contained in the scope of work
outlined in Exhibit B, attached hereto (“Street Improvement Work”).
B. In conjunction therewith, Developer also agrees to complete improvements to a
temporary parking lot on Developer’s Property, which work was value engineered due to its
temporary nature and to allow for construction of a future parking garage.
C. In return for completing the Street Improvement Work associated with Developer’s
private project per the approved Public Improvement Plans (“PIP Plans”), the City agrees to
reimburse Developer for certain agreed costs incurred by Developer, which the parties agree
exceed amounts and scope of work that otherwise could be conditioned upon or exacted from the
Developer’s private improvement project ;
D. City agrees to reimburse Developer for the actual, documented costs of work
exceeding otherwise applicable fees and conditions of project approval, less the amount paid by
Developer attributable to value engineered savings, which amount the parties agree will be a credit
to the City in the amount of Two Hundred Thousand and 00/100 Dollars ($200,000.00) (the “City
Credit”).
In consideration of the above recitals, each of which is incorporated into and are a fully
operative and effective part of this Agreement, and for other good and valuable consideration, the
parties hereby agree:
1. Public Purpose. The City has determined that the Street Improvements Work
exceeding otherwise applicable Developer’s private improvement project fees and permissible
conditions, the associated reimbursement of Developer described herein, and the benefits to be
received in return by the City and the public are in the best interests of the City and the health,
safety, morals and welfare of its taxpayers and residents and is in accordance with public purposes
set forth in federal, state and local law and regulation. The City has further determined that
implementation of this Agreement and completion of the Street Improvement Work will further
Item 10
Packet Page 128
2
the goals and objectives of orderly development, and timely completion of improvements
complementing and in conformance with existing private approvals and public improvement plans
for Monterey Street, thereby benefiting the public.
2. Developer’s Obligation to Complete Improvements. Developer has substantially
completed the engineering of and improvements to its parking area located off Higuera Street and
has designed and will complete the Street Improvement Work on behalf of the City per the PIP
Plans.
3. Issuance of Improvement Contract. Developer, in its discretion, shall select the
contractor to complete the Street Improvement Work substantially based on the scope of work and
costs based on estimates provided in Exhibit B. Street Improvement Work.
4. Governmental Permits and Compliance with Laws. Before commencement the
Street Improvement Work, the Developer shall, at its own expense, secure or cause to be secured
any and all permits, bonds, entitlements, or other approvals that may be required by or from the
City or any other governmental agency with jurisdiction over the Street Improvement Work in
accordance with otherwise applicable City regulatory requirements.
5. Completion of Work. Contractor has completed the engineering for the parking
lot and Street Improvement Work and has completed the engineering of and improvements to its
parking area located off Higuera Street . Barring a Force Majeure Event, Developer will furnish
the necessary materials for and complete the Street Improvement Work no later than three (3)
months after the City’s approval of the applicable PIP Plans.
6. City’s Reimbursement Obligation. On Developer’s completion of the Street
Improvement Work per the PIP Plans, the City shall reimburse the Developer for its total costs
incurred for the Street Improvement Work less the City Credit, subject to City verification as to
reasonableness of costs claimed in excess of Developer’s otherwise required improvements and
within the scope of work, as set forth in this agreement, as follows:
(a) Developer will submit a certified pay application for the Street
Improvement Work reimbursement to the City upon completion of such work. The
reimbursement request shall be paid by the City as follows:
(i) The City's obligation to reimburse Developer for the Street Improvement
Work is contingent upon the City's receipt and approval, which shall not be unreasonably withheld
or delayed, of the following:
(a) The reimbursement request, which shall include a description of
the work performed, material supplied, and cost incurred or due;
(b) Bills, invoices, vouchers, statements and all other documents,
which shall be attached to the reimbursement request, evidencing the amount paid to third parties;
and
Item 10
Packet Page 129
3
(c) Conditional waivers and releases of mechanics’ liens stop notice
claims or other lien claim rights; and
(d) City will review any reimbursement request consistent with this
Agreement and if the reimbursement request is deemed complete and in compliance with the
provisions of this Agreement, the City will remit payment to Developer for the total amount of the
invoices (less only the City Credit amount associated therewith) no later than sixty (60) days after
such submittal.
7. Safeguarding and Indemnification.
(a) Safeguarding. Until formal final acceptance of the Street Improvement
Work, Developer shall give good and adequate warning regarding said Street Work Improvements
and will take all reasonable actions to protect the public.
(b) Indemnity. Developer agrees to indemnify, defend, and hold City and its
officers, employees, agents, representatives, and assigns (“City Indemnitees”) harmless from and
against any losses, claims, demands, actions, or causes of action (“Claims”), of any nature
whatsoever, arising out of or in any way connected with the performance of Developer, its
Contractor, any subcontractors, officers, employees, agents, or representatives under this
Agreement, including costs of suit and reasonable attorneys' fees. If the City Indemnitees are made,
a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims,
Developer shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the
City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense
of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or
portion thereof, rendered against the City Indemnitees.
6. Conformity with State Labor and Work Safety Laws. Developer shall carry on the
design and construction of the improvements in a timely manner and in conformity with all
applicable laws, including but not limited to all applicable state labor and work safety laws and
regulations, including the provisions of Labor Code Sections 1770, et seq. relating to prevailing
wages, to the extent applicable to the improvements, as to which the City makes no representations.
The Developer agrees to hold the City harmless and to indemnify and defend the City from all
claims arising under the provisions of Labor Code §§ 1720, et. seq., including, but not limited to
the provisions of Labor Code Section 1726 and 1781.
7. Insurance. Prior to the commencement of any construction of the Street
Improvement Work, Developer, or Developer’s contractors, shall furnish or cause to be furnished
to the City duplicate originals and appropriate endorsements to the Developer’s as (or Developer's
general contractor's) commercial general liability and automobile insurance policies in the
amounts set forth below, naming the City as additional or co-insured:
(a) $1,000,000 for any one person; and
(b) $3,000,000 for any one occurrence; and
(c) $1,000,000 for any property damage.
Item 10
Packet Page 130
4
The above insurance amounts may be satisfied by a combination of primary and umbrella
insurance policies. The policies shall remain in effect during construction of the Street
Improvement Work shall be "occurrence," not "claims made," policies and shall be primary and
non-contributing to any insurance that the City may elect to obtain. Such policies shall contain a
full waiver of subrogation clause. The policies shall be issued by a carrier licensed to do business
in California, with a then-current Best's rating of A:VIII or better. Said policies shall provide that
they shall not be canceled or reduced in types of coverage or amount of coverage without at least
thirty (30) days' prior written notice to the City and that such reduction or cancellation shall
become effective until at least twenty (20) days after receipt by the City of the written notice
thereof. The policy amounts set forth above shall not limit or define the extent of the Developer’s
indemnity liability pursuant to Section 5(b) or any other provision of this Agreement or arising as
a matter of law or at equity.
The Developer shall also furnish or cause to be furnished to the City, upon written request
of the City, evidence satisfactory to the City that any contractor with whom it has contracted for
the performance of the Street Improvement Work carries workers' compensation insurance as
required by law.
8. Notice. Any notice, demand, request, consent, approval, or communication either
party gives to the other party shall be in writing and served personally or sent by prepaid, first-
class mail to the addresses set forth below the signatures hereto. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section
8.
9. Assignment of Agreement. Neither party may assign its obligations hereunder to
any assignee without the knowledge and with written consent of the other party hereto, in which
the other party shall not unreasonably withhold consent. Assignment may be made only to an
assignee willing, financially capable, and competent to carry out the assignor’s obligations.
10. General Provisions.
(a.) If either party commences an action against the other arising out of or in
connection with this Agreement, including the filing of a lien or other legal action to compel
payment of the reimbursement, the prevailing party shall be entitled to recover reasonable
attorneys’ fees and legal costs from the losing party related to enforcement of the provisions of
this Agreement.
(b.) No officer or employee of City shall be personally liable to Developer or any
successor-in-interest in the event of any default or breach by City or for any amount which may
become due to Developer or to its successor or for breach of any obligation of the terms of this
Agreement.
(c.) The performance of the City's and Developer’s respective obligations under this
Agreement are not intended to benefit any party other than the City or the Developer, except as
may be expressly provided otherwise herein. No person or entity not a signatory to this Agreement
shall have any rights or causes of action against any Party to this Agreement as a result of that
Party's performance or non-performance under this Agreement, except as expressly provided
otherwise herein
Item 10
Packet Page 131
5
(d.) Developer warrants that it has not paid or given, and will not pay or give, any third
party any money or other consideration for obtaining this Agreement. Third parties, for the
purposes of this Section 10.d, shall not include persons to whom fees are paid for professional
services if rendered by attorneys, financial consultants, accountants, engineers, architects and the
like when such fees are considered necessary by the Developer.
(e.) All time for performance hereunder shall be extended where delays or defaults are
due to war; insurrection; any form of labor dispute; lockouts; riots; floods; earthquakes; fires; acts
of God or of third parties; third party litigation; acts of a public enemy; referenda; acts of
governmental authorities (except that the failure of the City to act as required hereunder shall not
excuse its performance); moratoria; epidemics; quarantine restrictions; shortag es of materials;
freight embargoes; and any other matter beyond the reasonable control of the party claiming the
extension (collectively, "Force Majeure Event”) provided, however, that the party claiming the
extension notify the other party of the nature o f the matter causing the default within thirty (30)
days from the occurrence thereof; and, provided further, that the extension of time shall be only
for the period of the Enforced Delays. However, deadlines for performance may not be extended
as provided above due to any inability of the Developer to obtain or maintain financing for the
construction and/or operation of the Street Improvement Work.
(f.) Except as otherwise provided herein, the terms, conditions, covenants, and
agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns,
and successors of the parties hereto.
(g.) Neither party to this Agreement relies upon any warranty or representation not
contained in this Agreement.
(h.) This Agreement shall be governed by and interpreted with respect to the laws of
the State of California.
(i.) Any failure or delay by either party in asserting any of its rights and remedies as to
any default, shall not operate as a waiver of any default or of any rights or remedies provided forth
herein.
(j.) Neither Developer nor any of Developer’s agents, contractors or subcontractors
shall be considered agents of the City in connection with the performance of Developer’s
obligations under this Agreement.
(k.) This Agreement may be amended at any time by the mutual consent of the parties
and by an instrument in writing signed by both parties.
(l.) If any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
(m.) The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by executing this Agreement, the parties are formally bound to the provisions of this Agreement.
Item 10
Packet Page 132
6
(n.) This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the
Parties.
THE CITY OF SAN LUIS OBISPO, a California
charter city and municipal corporation
By: _____________________________________
Name: __________________________________
Its: _____________________________________
Address: 990 Palm Street
San Luis Obispo, CA 93401
ATTEST:
____________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick, City Attorney
DEVELOPER:
1144 Higuera, LLC
a California limited liability company
By: ________________________________
Nicholas Tompkins, Manager
684 Higuera, Suite B
San Luis Obispo, CA 93401
Item 10
Packet Page 133
Exhibit A-1
Exhibit A
Legal Description of Property
The land referred to in this Commitment is situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, and is described as follows:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. SLO AL 16-0244, AS EVIDENCED BY
DOCUMENT RECORDED OCTOBER 31, 2017 AS INSTRUMENT NO. 2017050014 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT REAL PROPERTY IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA BEING A PORTION OF BLOCK 30 ACCORDING TO THE OFFICIAL
MAP OF SAID cm FILED FOR RECORD IN BOOK A OF MAPS AT PAGE 46 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ALSO BEING A PORTION OF THE PROPERTY
SURVEYED AND SHOWN ON THE MAP FILED IN BOOK 107 OF LICENSED SURVEYS AT PAGE
15 (107-LS-15) IN SAID RECORDER'S OFFICE TOGETHER WITH A PORTION OF THAT REAL
PROPERTY DESCRIBED IN THE DEED FROM MICHAEL L. BLUM AND KAREN BLUM,
TRUSTEES OF THE BLUM LIVING TRUST DATED AUGUST 28, 1992, TO 1144 HIGUERA
INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECORDED DECEMBER
18, 2015, AS DOCUMENT NUMBER 2015- 063452 IN SAID RECORDER'S OFFICE AND ALSO
SHOWN ON THE MAP FILED IN BOOK 3 OF LICENSED SURVEYS AT PA E 63 IN SAID
RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF THE PROPERTY DESCRIBED IN THE
DEED TO THE CITY OF SAN LUIS OBISPO RECORDED JANUARY 29, 1970, IN BOOK 1551 OF
OFFICIAL RECORDS AT PAGE 542, RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHWESTERLY LINE OF THE PROPERTY SO DESCRIBED NORTH 54°04'22" EAST, 10.00
FEET TO A NAIL AND TAG "L.S. 5702" PER SAID LICENSED SURVEY 107-LS-15 AND THE TRUE
POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF THE PROPERTY SO
DESCRIBED
1. SOUTH 36°21'02" EAST, 90.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE
2. NORTH 54°04'22" EAST, 126.03 FEET TO A LINE PARALLEL WITH AND 10.00 FEET
SOUTHWESTERLY OF AND MEASURED PERPENDICULAR TO THE NORTHEASTERLY LINE
OF THE PROPERTY DESCRIBED IN THE DEED FROM ROBERT C. HOYT AND ELLA M. HOYT
TO W. T. REID RECORDED SEPTEMBER 1, 1923, IN BOOK 162 OF DEEDS AT PAGE 407 (162-
DDS-407); THENCE ALONG SAID PARALLEL LINE
3. SOUTH 36°20'00" EAST, 21.48 FEET TO THE SOUTHWESTERLY PROJECTION OF A LINE
PARALLEL WITH AND 10.00 FEET SOUTHEASTERLY OF AND MEASURED PERPENDICULAR
TO THE NORTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN THE DEED FROM
MICHAEL L. BLUM AND KAREN BLUM, TRUSTEES OF THE BLUM LIVING TRUST DATED
AUGUST 28, 1992, TO 1144 HIGUERA INVESTMENTS, LLC, A CALIFORNIA LIMITED
Item 10
Packet Page 134
Exhibit A-2
LIABILITY COMPANY RECORDED DECEMBER 18, 2015, AS DOCUMENT NUMBER 2015-063452
IN SAID RECORDER'S OFFICE; THENCE ALONG THE PROJECTION OF LAST SAID PARALLEL
LINE.
4. NORTH 54°03'31" EAST, 10.00 FEET TO THE SAID NORTHEASTERLY LINE OF THE
PROPERTY DESCRIBED IN SAID DEED 162-DDS-407; THENCE CONTINUING ALONG LAST
SAID PARALLEL LINE
5. NORTH 54°03'31" EAST, 59.59 FEET; THENCE LEAVING SAID PARALLEL LINE
6. SOUTH 36°21'02" EAST, 111.13 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF
HIGUERA STREET BEING 65.00 FEET WIDE; THENCE ALONG SAID RIGHT-OF-WAY
7. NORTH 53°37'58" EAST, 76.00 FEET TO THE NORTHEASTERLY LINE OF SAID DOCUMENT
NUMBER 2015-063452; THENCE ALONG SAID NORTHEASTERLY LINE
8. NORTH 36°21'02" WEST, 120.57 FEET TO THE MOST NORTHERLY CORNER OF SAID
DOCUMENT NUMBER 2015-063452; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
DOCUMENT NUMBER 2015-063452
9. SOUTH 54°03'31" WEST, 135.59 FEET TO THE NORTHEASTERLY LINE OF SAID DEED 162-
DDS-407; THENCE ALONG SAID NORTHEASTERLY LINE.
10. NORTH 36°20'00" WEST, 101.48 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF
MONTEREY STREET BEING 68.00 FEET WIDE; THENCE ALONG SAID RIGHT-OF-WAY
11. SOUTH 54°04'22" WEST, 136.06 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY OIL GAS AND OTHER MINERALS AS RESERVED IN DEED
RECORDED JULY 15, 1998 AS DOCUMENT NO. 1998-043638 OF OFFICIAL RECORDS.
Item 10
Packet Page 135
Exhibit B
Exhibit B
Proposed Scope of Public Street Improvements
Item 10
Packet Page 136
S S S S
W W W W W W TTTTTTTTTTTTTTTTSDSDSD SD SD SD GGGWWWAITHEREWAITHEREX X X X X X XX
XXX X
226
227228 225
226226X X X X X X XX
XXX X
Project:Revisions:Proj. Engr.:Proj. Mngr.:Date:A&V Job No.:Scale:PER PLANABCDEFGHIABCDEFGHI1234567C:\Users\Juan\AppData\Local\Temp\AcPublish_9264\GRADING SHEET.dwg, C-1.2, Feb 06, 2020 11:21am, Juan
Engineer of Record:Plan Prepared By:The use of these plans and specifications shall be restricted tothe original site for which they were prepared and publicationthereof is expressly limited to such use. Reproduction orpublication by any method, in whole or in part, is prohibited.Title to these plans and specifications remain with Ashley &Vance Engineering, Inc. without prejudice. Visual contactwith these plans and specifications shall constitute prima facieevidence of the acceptance of these restrictions.Ashley&Vance
ENGINEERIN G, IN C.
1413 Monterey Street
San Luis Obispo, CA 93401
(805) 545-0010 (323) 744-0010www.ashleyvance.com
C I V I L S T R U C T U R A LEENIC 78390TSCTAEFOIGER
AIOFILACLIVNR
RERPS
DE
RET
FONOILAGNEISSKE
N
NETH B. BROWNPhone Ext.:Phone Ext.:SANTA ROSA/MONTEREY MIXED-USE
PUBLIC IMPROVEMENT
CORNER OF SANTA ROSA AND MONTEREY
SAN LUIS OBISPO, CA, 93401JMAKBB02.05.2020161376STRIPINGSHEETC-1.21.2.3.4.5.156119GENERAL NOTES:ALL GRADING SHALL BE IN COMPLIANCE WITH THE RECOMMENDATIONSCONTAINED IN THE SOILS REPORT PREPARED BY EARTH SYSTEMS PACIFIC , FILENO. SL-17685-SB, DATED JULY 13, 2017 AND ALL ADDENDA TO THE REPORT SHALLBE CONSIDERED PART OF THESE PLANS. CONTRACTOR SHALL CONTACT SOILSENGINEER PRIOR TO START OF DEMOLITION WORK.CONTACT: DENNIS SHALLENBERGER, GE PHONE: (805) 544-3276ALL CONFLICTING STRIPING SHALL BE GROUND & SEALED.NOTE: A SEPARATE ENCROACHMENT PERMIT IS REQUIRED FORANY WORK IN THE PUBLIC RIGHT-OF-WAY OR WITHIN CITYEASEMENTS FOR CONNECTIONS TO PUBLIC UTILITIES. WORKREQUIRING AN ENCROACHMENT PERMIT INCLUDES BUT IS NOTLIMITED TO DEMOLITIONS, UTILITIES, WATER, SEWER, AND FIRESERVICE LATERALS, CURB, GUTTER, AND SIDEWALK, DRIVEWAYAPPROACHES, SIDEWALK UNDERDRAINS, STORM DRAINIMPROVEMENTS, STREET TREE PLANTING OR PRUNING, CURBRAMPS, STREET PAVING, SIGN REMOVALS AND RELOCATIONS,AND PEDESTRIAN PROTECTION OR CONSTRUCTION STAGING INTHE RIGHT-OF-WAY.DIAL TOLL FREE811 OR (1-800-227-2600) AT LEAST TWO DAYSBEFORE YOU DIGUNDERGROUND SERVICE ALERT OF CALIFORNIANOTE: PEDESTRIAN CROSSINGIMPROVEMENTS OR OTHERSIGNAL MODIFICATIONS ASDETERMINED BY THE CITY.20222321202020EX. STRIPINGEX. STRIPING22SANTA ROSA STMONTEREY ST
0101020HORIZONTAL SCALE: 1" = 10'N 23222228292712.0'10.0'10.0'5.0'11.0'RIGHT OF WAY CONSTRUCTION NOTES:REMOVE AND REPLACE EXISTING CONCRETE CURB AND GUTTER WITHCONCRETE CURB GUTTER PER CITY OF SAN LUIS OBISPO STANDARD DETAIL4030 AND 4110. FLOWLINE TO MAINTAIN MINIMUM OF 0.5% SLOPE. CURBHEIGHT VARIES THROUGH LENGTH OF BULBOUT. CURB TRANSITION 6" TO 10"CURB BEGIN AT STA 0+66.24 MONTEREY ST. CURB TRANSITION 10" TO 6" CURBBEGIN AT STA 1+56.03 MONTEREY ST.RELOCATE EXISTING FIREHYDRANT TO BACK OF CURB PER CITY OF SAN LUISOBISPO STANDARD 6310 AND 6020.RECONSTRUCT ROADWAY PER STANDARD 7110 WITH T.I. OF 8.5. FINALSTRUCTURAL SECTION SHALL BE REVIEWED AND APPROVED BY THE CITY ASA DEFERRED SUBMITTAL.REMOVE AND REPLACE MISSION STYLE SIDEWALK PER CITY OF SAN LUISOBISPO STANDARD DETAIL 4220 AND 4910.CONSTRUCT 24' WIDE MISSION STYLE DRIVEWAY PER CITY OF SAN LUISOBISPO STANDARD DETAIL 2110.GRAVEL LAYER AREA LIMIT. CONSTRUCT 6" CLEAN, CRUSHED, ANGULAR NO. 4(AASHTO M430 STONE) LAYER WITHIN AREA. TOP OF GRAVEL ELEVATION223.75 FG. MAINTAIN TOP OF GRAVEL ELEVATION THROUGHOUT FULL AREA.OVERLAYED AND UNDERLAID WITH ADS GEOSYNTHETICS 315WTMGEOTEXTILE OR APPROVED EQUAL.CURB RAMP PER CITY OF SAN LUIS OBISPO STANDARD DETAIL 4440 ANDCALTRANS A88A CASE A AND DETAIL B.PROPOSED RELOCATION OF GAS LINE PER GAS COMPANY REQUIREMENTS.INSTALL 5' x 5' STREET TREE PER CITY STANDARD 8130 AND 8210. PROVIDECURB CUT INLET PER DETAIL 1 ON SHEET C-2.1. PROVIDE 4" ADS 78 ATRIUMGRATE AT BACK OF TREE WELL TO OUTLET TO GRAVEL LAYER BELOWSIDEWALK WITH 4" PVC. PVC PIPE OUTLET EMBEDDED 6" INTO GRAVEL LAYER.REFER TO DETAIL 3 ON SHEET C-2.1.REMOVE PARKING METER AND STRIPINGREMOVE AND REPLACE EXISTING DRAIN INLET GRATE WITH "HONEYCOMB"GRATE PER CALTRANS TYPE 24-10S GRATE SPECIFICATIONS.INSTALL 4" PVC PIPE TO CONNECT TO BUILDING DOWNSPOUT. OUTLET OF PIPETO 6" GRAVEL LAYER UNDER SIDEWALK.REMOVE EXISTING DRIVEWAY.PROPOSED NEW STREET LIGHT POLE PER SIGNALIZATION PLANSPAINT CURB RED TO THE SATISFACTION OF THE CITY ENGINEER.RESET VAULT LID TO BE FLUSH WITH SURROUNDING CONCRETE. LID TO BESTAINED TO MATCH MISSION STYLE CONCRETE.PROPOSED NEW PEDESTRIAN PUSH BUTTON POLE PER SIGNALIZATION PLANS.PROPOSED NEW PULLBOX PER SIGNALIZATION PLANS. LID TO BE FLUSH WITHAND STAINED TO MATCH SURROUNDING CONCRETEFIRE HYDRANT TO MEET SIDEWALK CLEARANCE PER CITY OF SAN LUISOBISPO STANDARD 6310.REMOVE EXISTING CROSSWALK STRIPING AND INSTALL 10' WIDE HI-VISSTRIPING CROSSWALK PER CITY OF SAN LUIS OBISPO STANDARD 7350.14' BIKE BOX IN WESTBOUND AND LEFT TURN MONTEREY APPROACH WITHHELMETED BIKE PERSON PER CALTRANS STANDARD A24C.DASHED GREEN BIKE LANE THROUGH INTERSECTION PER BIKE LANE MARKINGDETAIL ON SHEET C-2.1 CASE 1.GREEN SHARROW BIKE STRIPING. SHARED ROADWAY BICYCLE MARKING PERCALTRANS STANDARD WITH HELMETED BIKE PERSON PER CALTRANSSTANDARD A24C.CONSTRUCT 2" LATERAL WITH 2" METER SERVICE PER CITY OF SAN LUISOBISPO STANDARD DETAIL 6210, 6110, 6020.PROVIDE DRAINAGE CHANNEL THROUGH PLANTERS. REFER TO LANDSCAPEPLAN DETAILS FOR CONSTRUCTION OF CHANNEL PERMIT #BLDG-2056-2017.INSTALL 25MPH SIGN PER CITY OF SAN LUIS OBISPO CITY STANDARD 7210.GREEN PAINT BIKE LANE WITH 6" WHITE STRIPES PER CALTRANS STANDARDAND DETAIL ON SHEET C-2.1 CASE 1 WITH HELMETED BIKE PERSON PERCALTRANS STANDARD A24C.INSTALL "WAIT HERE" STRIPING PER CALTRANS STANDARD.INSTALL 24" WHITE STRIPE PER CALTRANS STANDARD.INSTALL HYDRANT REFLECTOR PER CITY OF SAN LUIS OBISPO STANDARD7920.1234567891011121314151617181920212223242526272829302.5'4.5'2.5'4.5'2.5'4.5'2.5'4.5'4.0'4.0'4.0'
4.0'TYPTYPTYPTYPTYPTYPTYPTYPTYPTYPTYPTYP 30EX. SIGN TOBE RELOCATEDBEHIND NEW CURBPER CITY STD 721026Item 10Packet Page 137
Item 10Packet Page 138