HomeMy WebLinkAboutTract 2428 ph 3 subdivision agreementSUBDIVISION AGREEMENT
THIS AGREEMENT is dated this Z day of Sanviotry 201 `_�_ by and
between Margarita Ranch SLO, 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 2428-3, City of San Luis Obispo,
California, as approved by the City Council on the 8� L day of r y , 201�
The Subdivider desires that said Tract 2428-3 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 Phase 3 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:
CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. PEDESTRIAN AND BICYCLE PATHS
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4. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
5. LANDSCAPING
6. DRAINAGE STRUCTURES
7. STREET LIGHTS
8. 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.
9. ENVIRONMENTAL MITIGATION
10. 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.
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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.
The restoration of lost section corners and retracement of section lines within the
Subdivision 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, an instrument 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 in the amount of $3,295,200 which is the
amount of the estimated cost of said improvements for Phase 3.
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.
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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 ($1,647,600) 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.
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:
CITY OF SAN/LUIS OBISPO SUBDIVIDER
J Margarita Ranch SLO, LLC,
a Californ�-IirYiiteZl lability company
MAY R Heidi Har n
Dennis Wrrsco, V4resident
ATTEST:
CITY CLERK Teresa Purrington
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EXHIBIT 1
TRACT 2428-3
SUBDIVISION AGREEMENT
The Subdivider has deposited a monumentation security in the amount of $31,400 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. Improvement plancheck fees for all phases of the subdivision were paid with Phase 1. No
additional plancheck fees are required for Phase 3.
3. Construction inspection fees for Phase 3 of the subdivision have been paid, as listed in the
attached EXHIBIT 2, based on the $3,295,179 construction cost estimate for Phase 3.
4. The subdivider shall comply with all requirements of Council Resolution No. 10514 (2014
Series) approving the tentative map.
Pursuant to Condition #7 of Council Resolution No. 10514 (2014 Series), the Subdivider
has deposited a faithful performance security in the amount of $130,000 to retain a qualified
traffic consultant to conduct traffic counts and speed measurements one-year after final
occupancy or complete build -out of the subdivision or acceptance of public improvements,
whichever occurs later. If the traffic volumes or speeds exceed City standards, the $130,000
security will be retained by the City to guarantee that Subdivider install additional
City -approved traffic calming measures to reduce volume and speeds to comply with City
standards. The additional measures shall be installed within six (6) months following notice
from the City to install said measures. Another traffic study shall be performed twelve (12)
months after completion of construction of the additional traffic calming measures. The
$130,000 security will be released to the Subdivider once a City -approved traffic study
demonstrates that traffic volumes and speeds comply with City standards.
6. The Subdivider has submitted a security in the amount of $166,689 to guarantee
establishment of an account to fund the annual cost of maintenance, protection, monitoring
and reporting of the adobe sanicle plant for the initial period of time required by the
California Incidental Take Permit for Tract 2428 issued by the California Department of
Fish & Wildlife. This security can be released once the fund is created to the satisfaction of
the City and the CDFW.
7. The Subdivider has submitted a security in the amount of $80,874 to guarantee
establishment of an endowment fund to generate sufficient revenue to fund the annual cost
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of maintaining the adobe sanicle locations in perpetuity. The City and the Toscano
Homeowners Association may draw from this fund in order to maintain the adobe sanicle
locations on their respective properties. This security can be released once the endowment is
created to the satisfaction of the City and the CDFW.
8. The Subdivider has compensated the City $2,000 for the use of the City's property as
off -site mitigation for the adobe sanicle.
EXHIBIT 2
TRACT 2428-3
FEE AND BOND LIST
(3000 Calle Malva)
Amount
Form
Date
Bond Release Statils
Received
Bonds and Guarantees:
Total Faithful Performance for
$3,295,200
Bond
1/17/19
Can be released upon City acceptance of
Phase 3 subdivision improvements ("FPB")
improvements and deposit of.one-year
warranty surety.
Labor & Materials (50% of total cost of Phase 3
$1,647,600
Bond
1/17/19
Can be released 90 days after acceptance
improvements)
of improvements, if no claims. (Civil
Code Section 8412
Monument Guarantee for Phase 3
$31,400
CD
1/17/19
Can be released upon verification -that
monuments have been set and 9iuveyor
has been paid.
Faithful Performance
$130,000
Rider to
1/17/19
See Exhibit 1 for timing and,
for completion of traffic counts and speed
Tract
requirements regarding release.
measurements and installation of additional
2428-1
traffic calming measures
10% Warranty
$329,520
To be
To be
Can be released one-year after acceptance
determined
collected prior
of improvements, if no defects.
to release of
FPB
Faithful Performance guaranteeing establishment
$166,689
Bond
1/23/19
Can be released once fund is created to
of a fund for initial capital costs, maintenance and
the satisfaction of the City andAhe '
reporting of adobe sanicle locations
CDFW.
Faithful Performance guaranteeing establishment
$80,874
Bond
1/23/19
Can be released once endowment is
of an endowment for perpetual maintenance of
created to the satisfaction of the City and
adobe sanicle locations
the CDFW.
Fees:
Map Check Fee for Phase 3
$26 394.91 Check 1/30/18
Plan Check Fee
Paid with Phase 1
Construction Inspection fee for Phase 3
$112 444.82 1 Check 1/17/19
Park In -Lieu Fee for Phase 3'
To be collected with building permit
Affordable Housing Requirements
Fulfilled in Phase 2 by dedication of lots to the Housing Authority
Water, Wastewater, and Traffic hn act Fees'
To be collected with building permit
Payment for use of Laguna Lake Park and Lot
$2,000
Paid with license agreement.
172 as off -site mitigation for adobe sanicle
1 All Impact Fees are adjusted annually (July 1) based on CCI. Credit given for demolished units.
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