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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 4 day of 201_t by and
between WC Taylor Ranch, LLC, a California limited liability company, herein referred to
as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 3044, City of San Luis Obispo,
California, as approved by the City Council on the 15fday of�L, 201�
and on Parcel Map SLO 17-0115, City of San Luis Obispo, California, as approved by the
Community Development Director on the day of
201
The Subdivider desires that said Tract 3044 and Parcel Map SLO 17-0115 be
accepted and approved as a Final Map and Parcel Map pursuant to the Subdivision
Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal
Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
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2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
Setting of new survey monuments or resetting of disturbed monuments shall be in
accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors
Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, instruments of credit or bond approved by and in favor of
the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instruments of credit or bond are in the total amount of $4,480,100 which
is the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
"AS -BUILT" record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($2,240,050) in
accordance with State law.
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
If off -site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the Subdivider shall exhaust all avenues available to
acquire said off -site dedication and shall provide proof that a reasonable written offer to
purchase the property at fair market value was made, in accordance with an appraisal
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conducted by an MAI appraiser. In the event the Subdivider is unable to acquire said
property, the City Council may consider lending the Subdivider its powers of condemnation
to acquire the off -site dedication, including any necessary construction, slope, and
drainage easements. The Subdivider shall pay all costs associated with such acquisition
or condemnation proceedings including but not limited to all attorney's fees, court costs,
expert witness fees, and jury awards of any kinds. Prior to proceeding with the
condemnation process, the Subdivider shall deposit with the City all or a portion of the
anticipated costs of the condemnation proceedings, as determined by the City
Attorney. The City does not and cannot guarantee that the necessary property rights can
be acquired or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed. Without limiting the foregoing, the Subdivider shall indemnify,
defend and hold City harmless from and against any and all such claims, liabilities, and
causes of action of any kind, associated with City's acquisition or condemnation of such
real property interests.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
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relating thereto, including but not limited to environmental review ("Indemnified Claims")
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
WC Taylor Ranch, LLC
a California limited liability company
BY: JPF Capital, LLC
a California limited liability company
ITS: Sole Member
BY: s --
J ua E. Peterson, President and Treasurer
CITY OF SAN LUIS OBISPO
M O Heidi ar on
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ATTEST:
CITY CLERK Teresa Purrington
1 ■204iN
CITY PMORNEY Christine Dietrick
EXHIBIT 1
TRACT 3044 AND PARCEL MAP SLO 17-0115
SUBDIVISION AGREEMENT
The Subdivider has deposited a monumentation security in the amount of $18,794 to
guarantee the installation of survey monuments in accordance with the approved maps and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumenation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771.
2. Park -in -lieu fees shall be paid at time of issuance of building permit per the fee schedule
listed in the most current Orcutt Area Specific Plan (GASP) Public Facilities Financing Plan
(PFFP).
3. Water and sewer impact fees shall be paid at time of building permits per the fee schedule in
effect at the time the Vesting Tentative Tract Map was approved (adjusted for CPI
increases), unless the vesting rights have expired as set forth in Government Code Section
66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in
effect at time of building permits.
4. Citywide Transportation Impact Fees shall be paid at time of building permits per the fee
schedule in effect at the time the Vesting Tentative Map was approved (adjusted for CPI
increases), unless the vesting rights have expired as set forth in Government Code Section
66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in
effect at time of building permits.
5. Orcutt Area Transportation Impact Add -On Fee shall be paid at time of building permit per
the fee schedule listed in the most current OASP PFFP in effect at time of building permits.
6. The Subdivider has submitted a bond in the amount of $454,819 guaranteeing payment to
Righetti Ranch LP for their fair share of costs of constructing an off -site water line from
Cedar to Tiburon, a water main in Ranch House Road to Sponza, a recycled water main, a
sewer main in Ranch House Road from Tiburon to Sponza, and Orcutt Road east side
improvements from Fiala Property to Garay Property, including a left turn lane at Tiburon as
shown in a reimbursement agreement with Righetti Ranch LP approved by Council
Resolution No. 10812 (2017 Series) on June 20, 2017. These improvements are a
requirement of Tract 3044 to satisfy Conditions #4, #19, and #26 of Council Resolution
No. 10462 (2013 Series). Once Righetti Ranch LP constructs the improvements and the
improvements are accepted by the City, Tract 3044 shall pay their fair share as determined
by the reimbursement agreement, which could be in excess of the bonding amount. The
$454,819 bond will be released once payment to Righetti Ranch LP is made, otherwise the
City may use the bond to fully or partially reimburse Righetti Ranch LP and the Subdivider
will be responsible for any required reimbursement amount above and beyond the bond
amount. If Righetti Ranch LP fails to construct the improvements, then Tract 3044 shall
bond for and construct the improvements prior to occupancy. If Tract 3044 constructs the
improvements, payment to Righetti Ranch LP will not be required and the $454,819 bond
can be released.
7. The subdivider shall comply with all requirements of Council Resolution No. 10462 (2013
Series) and Director's Resolution No. 17-12 approving the tentative maps.
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EXHIBIT 2
TRACT 3044 AND PARCEL MAP SLO 17-0115 - FEE AND BOND LIST
3725 ORCUTT ROAD
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Faithful Performance for On -Site
$3,832,30
-Rxx
Can be released upon City acceptance of
Subdivision Improvements
improvements, deposit of one-year
(FMAP-0978-2017)
a
Z .Z6 _ Q
warranty surety, and approval of record
l�
drawings.
Faithful Performance for Off -Site
$647,800
Can be released upon City acceptance of
Improvements (Orcutt Road)
improvements, deposit of one-year
(FMAP-1385-2018)
warranty surety, and approval of record
drawings.
Labor & Materials for On -Site
$1,916,150
—
^-ocx
Can be released 90 days after
Subdivision Improvements
p I
acceptance of improvements, if no
claims. Civil Code Section 8412
Labor & Materials for Off -Site
$323,900
mac
-xx�t
Can be released 90 days after
Improvements (Orcutt Road)
acceptance of improvements, if no
claims. Civil Code Section 8412
Monument Guarantee
$18,794
CD or eettef
1 / ^max
1/J �jf
Can be released upon verification that
�'� i
monuments have been set and surveyor
has been paid.
10% Warranty
To be
Can be released one-year after
collected prior
acceptance of improvements, if no
to release of
defects, and approval of record
Faithful
drawings.
Performance
Bo
Ri hetti Reimbursement Agreement
$454,819
xxx
k S
Fees:
Map Check Fee Tract 3044
$21,630
Check
8/30/17
Map Check Fee Parcel Map SLO 17-0115
$9,388.69
Check
5/31/18
Plan Check Fee:
On -Site Improvements
$44,661.42
Check
Various
Off -Site Improvements
$16,585.36
Check
8/15/18
Total Plan Check Fee
$61,246.78
Improvement Plan Inspection:
On -Site Improvements
$127,492.82
Check
10/16/18
Off -Site Improvements
$34,400.45
Check
8/15/18
Total Improvement Plan Inspection Fee
$161,893.27
Park In -Lieu Fee'
To be collected with building permit
Affordable Housing Requirements
See Affordable Housing Agreement
Water Impact Fee'
To be collected with building permit
Wastewater Impact Fee'
To be collected with building permit
Transportation Impact Fee'
To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
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