HomeMy WebLinkAboutTract 3063-3 Subdivision Agreement, signed 6-22-22SUBDIVISION AGREEMENT
TRACT 3063 — PHASE 3
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THIS AGREEMENT is dated this % % day of _�t,P/ 2022 by and between
Righetti Enclave, 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 3063-Phase 3, City of San Luis
Obispo, California, as approved by the City Council on the 21 st day of January 2020.
The Subdivider desires that said Tract 3063-Phase 3 be accepted and approved as
a Final 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 and any revisions
thereto on file in the office of the City Engineer, City of San Luis Obispo, to wit:
CURB, GUTTERS AND SIDEWALKS
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.
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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 Tract 3063-Phase 3 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.
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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, instrument(s) 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 instrument of credit or bond is/are in the amount of $4,145,578 shown in
Exhibit 2, 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.
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"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 or
sureties in the amount of 50% ($2,072,789) of the above described subdivision
improvements 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. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off -site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off -site dedication, including, but not limited to, all costs associated with condemnation
through the condemnation process. Prior to proceeding with the condemnation process,
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. 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.
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
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
RIGHETTI ENCLAVE LLC,
a California limited liability company
By: Ambient Communities Central Coast, LLC,
a California limited liability company
Its: Sole Member
By:
Print Name: Travis Fue tez
Title: President
By: �/ �_ A4
Print Nam Dante Anseltuo
Title: Vice President
CITY OF SAN LUIS OBISPO
MAYOR Erika A. Stewart
ATTEST:
CITY CLERK Teresa Purrington
APPROVED S TO FORM:
UAA(JA o Oh4f o f
I ATTOR�E C ristine Dietrick
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EXHIBIT 1
TRACT 3063-PHASE 3
SUBDIVISION AGREEMENT
The Subdivider has deposited a monumentation security in the amount of $12,800.00 to
guarantee the installation of survey monuments in accordance with the approved map 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 monumentation
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. Plan check and inspection fees for the subdivision improvements have been paid as listed in
the attached Exhibit 2.
3. Park -in -lieu fees will be paid at time of issuance of building permit 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. Credit is available to subdivider for dedication of approved
parkland.
4. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department 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. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at the time when 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.
6. The subdivider shall comply with all requirements of Council Resolution No. 10619 (2015
Series) approving the tentative map, and Council Resolution No. 10861 (2018 Series)
amending the conditions and mitigation measures.
7. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition 449. The fee
of $5,200.00 was approved by the City Engineer in accordance with City Engineering Standards
and guidelines and satisfies the requirements of Condition #49. The Subdivider will be required
to review this condition with the City Engineer upon each subsequent phase of development to
determine if additional fees, testing, or pavement repair will be required as a result of impacts
from future phases.
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EXHIBIT 2
TRACT 3063-PHASE 3 - FEE AND BOND LIST
3987 Orcutt
Amount Form Date
Received
Bonds and Guarantees:
Bond Release Status
Faithful Performance to guarantee
$3,013,646
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Can be released upon City acceptance of
construction and completion of the
S'%d . 7i2
improvements, deposit of one-year warranty
subdivision improvements (FMAP-195g—
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surety, and approval of record drawings.
2018)
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)
Labor & Materials (50% of total cost of
$1,506,823
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YYX
Can be released 90 days after acceptance of
above improvements) (FMAP-19-V
2018)
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improvements, if no claims. (Civil Code
Section 8412)
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Faithful Performance to guarantee
$1,131,932
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Can be released upon City acceptance of
construction and completion of the
t0�`j�v
.
improvements, deposit of one-year warranty
Tank Farm/Orcutt Road Construction
surety, and approval of record drawings.
Phase 3 Improvements
(FMAP-1718-2015)
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Labor & Materials (50% of total cost of
$565,966
*c
Can be released 90 days after acceptance of
above improvements) (FMAP-1718-
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aw110�1�i
S , //
to
improvements, if no claims. (Civil Code
2015)
Section 8412)
(5 .k, 32-�
Monument Guarantee
$12,800
(.U<x
-Him
Can be released upon verification that
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5"- . TiL
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monuments have been set and surveyor has
been paid.
10% Warranty (subdivision improvements)
$393,415
xxx
To be
Can be released one-year after acceptance of
collected
improvements, if no defects, and approval of
10% Warranty (Tank Farm/Orcutt Road
$113,193
xxx
prior to
record drawings.
Phase 3 improvements)
release of
Faithful
Performance
Bond
Fees:
Map Check Fee
$20,811.25
Check
10/26/18
1 Paid in Full 10-26-18
C
Plan Check Fee (Finap-1955-2018)
$48,065.92
check
Paid
Construction Inspection Fee
$138,080.71
check
Paid
Leave blank for miscellaneous
Roadway Maintenance Fee
$5,200
PA�x,1cx
YY
Deposit in Acct # 40050300-90346953
Streets Reconstruction and Resurfacing
Master per Matt Horn
Park In -Lieu Fee'
To be collected with building permit. Credit to
be given for approved parkland dedication.
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
All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units