HomeMy WebLinkAboutSubdivision Agreement - Phase 1, developer signedSUBDIVISION AGREEMENT — TRACT 3089 PHASE 1
THIS AGREEMENT ("Agreement") is dated this day of
202 by and between Avila Ranch Developers, Inc., a California
Corporation, 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 3089 Phase 1, City of San Luis
Obispo, California, as approved by the City Council on the `- day of QPu"''6s►r'
---202— -OL5.
The Subdivider desires that said Tract 3089 Phase 1 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 approved Subdivision Improvements Plans and
Specifications therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements (collectively "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,
("Subdivision Improvement Plans and Specifications") to wit:
1
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.
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 Subdivider has properly installed all facilities
to be provided by Subdivider, and that the said utility is prepared to provide service
to residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on Subdivision Improvement Plans
and Specifications or required by project approvals.
All of the above facilities shall be installed in the locations designated and per the
Subdivision Improvements 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 the Subdivision Improvement Plans and Specifications.
The Subdivider agrees that the work of installing the Improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall
be completed within twenty-four (24) 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
2
Security ("Improvement Security shall mean, collectively, the Performance Credit/Bond,
Materials Bond, and/or Warranty Bond") 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.
With the exception of thirty (30) building permits for model complex and builder pre -
sale purposes, no building permits will be issued, nor occupancy granted after the
expiration date of this Agreement, taking into account any authorized extensions, until
completion and acceptance of all 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, 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 ("Performance Credit/Bond"). Said Performance Credit/Bond shall be in the
amount(s) 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 ("Warranty Period"). In accordance with
3
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
Performance Credit/Bond in the form acceptable to the City as a warranty bond ("Warranty
Bond"), with 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. The Subdivider shall
submit a formal request to the City at the end of the Warranty Period and City shall provide
Subdivider with a comprehensive list of any outstanding defects to be remedied by
Subdivider. City shall release the Warranty Bond upon re -inspection and confirmation of
the completion of listed repairs.
Completion of the Improvements 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 Subdivision 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 Improvements.
If the Subdivider fails to complete the Improvements within the prescribed time, the
Subdivider agrees that City may, at its option, declare the Performance Credit/Bond
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% of the Improvements in accordance with State law
("Materials Bond").
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
Improvements, and to verify that they have been completed in accordance with the
Subdivision Improvement Plans and Specifications
If off -site dedication of property is necessary to facilitate the construction of the
required Improvements, the Subdivider and City shall adhere to the requirements of
Section 6.04 of the Development Agreement adopted by the City Council on October 3,
2017 by Ordinance No. 1639 (2017 Series) with regards to acquiring said off -site
dedication.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all
Subdivision Improvement 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
5
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.
[signatures on following page]
R.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
Avila Ranch Developers, Inc.
a California Corporatio
By:
Josh eterson, President
FG2 HOLDI GS, LLC
A Califor is I ited liability company
By:
Neema Ass , Manager
AVILA RAH EA, LLC
A Californi4 limited liability company
By: 1 V
Neema Asse
By:_
Nader
i, Manager
CJ HOLDINGS, LP
A California limited partnership
By Spyglass Real Estate, Inc.,
A California corporation,
Its General Partner
9
By:
Josh a eterson, President
CITY OF SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO
MAYOR Erica A. Stewart
ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
EXHIBIT 1
TRACT 3089 PHASE 1
SUBDIVISION AGREEMENT
The Subdivider has deposited a monumentation security in the amount of $56,550 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. Phase 1 provides sufficient parkland and park improvements to meet City requirements
based on the projected population and housing onsite, so there are no "in -lieu" park fees
required. The subdivision improvement bonds include the requirement to pay for a
biological, archeological and Native American monitor per the mitigation measures.
3. Water Impact Fees for irrigation water meters shown on the Subdivision Improvement Plans
and Specifications shall be paid prior to subdivision improvement plan approval per
Condition #59.
4. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #40.
The fee of $9,000 was approved by the City Engineer in accordance with City
Engineering Standards and guidelines.
5. The Subdivider shall comply with all requirements of Council Resolution No. 10832
(2017 Series) approving the tentative map and Ordinance No. 1639 (2017 Series)
approving the Development Agreement.
0
EXHIBIT 2
TRACT 3089 PHASE 1- FEE AND BOND LIST
175 VENTURE
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
On -Site Faithful Performance:
Can be released upon City Council acceptance of improvements, deposit of one-year
warranty surety, and approval of record drawings.
On -Site Subdivision Improvements
$11,492,700
Bond
Bold = confirmed (typ.)
(FMAP-1563-2018)
Includes all Parks, Sewer Lift Station
and Force Main
Early
$ ' ,9mow
Ban
meE
Early Grading Bond Requirement is
(FMAP P , 563 20 8)
cancelled, Early Grading has been
completed.
Archeological Monitoring
$75,000
Bond
MM CR-2a and MM CR-2b:
11 /11'G /2 l
Archeological Monitoring
$100,000
Bond
MM CR-3a and MM CR-3b:
r
peF AQT 1310 ty
$107,000
44ond
; eery . .
Biological Mitigation Installation Bond
(Year 1)
$163,000
Bond
Biological Mitigation Maintenance Bond
(Year 2-5)
$101,000
Bond
�l /%V A
Off -Site Faithful Performance:
Can be released upon Public Works Director acceptance of improvements, deposit of
one-year warranty surety, and approval of record drawings.
Sidewalk on S. Higuera between LOVR
and Vachell (Condition #111)
$ 345,200
Bond
1 lt&l 2,
(FMAP-1537-2018)
meE
Right tum r me E*ieiisien at
$ 187,00
Ben
Requirement is cancelled,
Improvement has been completed.
Intersection Improvements at Tank
$ 858,200
Bond
Farm/S. Higuera (Condition #114 and
MM TRANS-7b)
111
(FMAP_ 1622-2018)
Security to Guarantee Completion of
Can be released upon City approval of the Improvement Plans.
Improvement Plans
Ramp meter "Construction" for the
$1,250,000
Bond
jl /�
southbound 101 on -ramp at LOVR per
{ I /
amended Condition # 126
10
Ramp meter "Design" for the
$ 250,000
CD
southbound 101 on -ramp at LOVR per
amended Condition #126
Ramp meter for the southbound 101 on-
$ 200,000
CD
ramp at S. Higuera per amended
Condition #126
Labor & Materials (50% of cost of
Can be released 90 days after
each of the above improvements)
acceptance of improvements, if no
claims. (Civil Code Section 8412)
FMAP-1563-2018--Intracts
$ 5,746,350
Bond
Early Grading Bond Requirement is
$ 958,680
Bend
cancelled, Early Grading has been
completed.
FMAP-1537-2018--South Higuera
Sidewalk
$172,600
Bond
Requirement is cancelled,
93,50
BOB
Me
R-T
Improvement has been completed.
FMAP-1622-2018--Higuera/Tank
$ 429,100
Bond
11/I ( -4 I
Farm SB LT
( /
Monument Guarantee
$56,550
CD or
Can be released upon verification that
Letter of
monuments have been set and
Credit
surveyor has been paid.
10% Warranty
10% of On -Site Faithful Performance above
Can be released one-year after
acceptance of improvements, if all of
To be collected prior to release of Faithful
the following are completed: (1) no
Performance Bonds
defects, (2) approval of record
drawings, and (3) submittal and
approval of a post -construction
landscape and restoration report per
MM BIO-2
Fees:
Plan and Map Check Fees:
Map Check Fee FMAP-1661-2018
$43,458.37
Check
6/4/18
Paid in Full
Balance Due
0
Improvement Plan check Fee:
FMAP-1537-2018
$19,256.83
Deposit
$5,000.00
Check
Paid
Paid in Full
Other payment.
$17,909.87
Check
Paid
Paid in Full
Balance Due
($3,653.04)
CREDIT
Subdivider to get credit of $3,653.04
11
Improvement Plan check Fee:
FMAP-1538-2018
$13,166.23
Deposit
$5,000.00
Check
Paid
Paid in Full
Balance Due
$8,166.23
Check
Paid
Paid in Full
Improvement Plan check Fee:
FMAP-1563-2018
$162,833.66
Deposit
$36,643.31
Check
5/3/18
Paid in Full
Balance Due
$126,190.35
Check
Paid
Paid in Full
Improvement Plan check Fee:
FMAP-1622-2018
$22,201.83
Deposit
$19,366.31
Check
Need date
Paid in Full
Balance Due
$2,835.52
Check
Paid
Paid in Full
Improvement Plan check Fee:
FMAP-1844-2018
$19,045.97
Deposit
$0
xxx
xxx
Balance Due
$19,045.97
Check
Paid
Paid in Full
Total Plan Check and Map Check
Fees
$279,963
Total Plan Check and Map Check
Deposits Made
127,378
As of 5-14-19
Total Plan Check and Map Check
Fees Due
$ 152,585
Checks
Paid
All Plan check and Map check fees
Paid As of 12-17-20
Construction Inspection Fees
FMAP-1537-2018
South Higuera Sidewalk
$24,821
check
Paid
Paid in Full
FMAP-1538-2018
South/Higuera NB RT
$14,283
check
Paid
Paid in Full
FMAP-1563-2018
Intracts/Adjacent Offsites
$416,502
check
Paid
Paid in Full
FMAP-1622-2018
Tank Farm/Higuera
$45,552
check
Paid
Paid in Full
FMAP-1844-2018
Early Grading
$40,310
check
Paid
Paid in Full
Sewer Lift Station
$53,248
xxx
xxx
By separate agreement: Utilities
Verify fee with utilities.
12
pm-k &'-r;Vd
Total Construction Inspection Fees
$594,666
All pq4
Impact Fees
Roadway Maintenance Fee
$9,000
Check
�/ //G /2(
To be deposited in Acct # 40050300-
( (
90346953 Streets Reconstruction and
Resurfacing Master per Matt Horn
Water Impact Fees for irrigation
meters
Parkways; Parks "B", "C"--1.5" Sheet
$40,365
LP-1.3
Stevenson Park--3/4" Sheet L-4.4
$11,872
Park A--1.5" Sheet L-4.1
$40,365
✓
Total Water Impact Fees Due
$92,602
Ad Hoc and Mitigation Fees
Fair Share Traffic Mitigation Fee
$272,900
!iY►CG1L
Fee is to paid to the county. The
(Buckley/SR 227 - Condition #116.a)
r
applicant can show proof of
Includes: Above Fair Share Traffic
payment to the City to clear this
Mitigation Fee (Buckley/227 - T34 and
item
Development Agreement 7.11 a
$200,000
Fair Share Traffic Mitigation Fee
$208,017
C'
(S. Higuera/LOVR - Condition #116.b)
!
Fair Share Traffic Mitigation Fee
$34,580
check
11II&Ai
(Buckley/Vachell - Condition #116.g)
) /
Fair Share Traffic Mitigation Fee
$230,000
h eL k�-
(Buckley/Davenport - Development
G
Agreement section 7.11 b)
Interim Fire Station on Lot 187 of Tract
$ 0
Preliminary
Credit for fire development impact
Map, 0.29 Acres. (Agreement section
fees as trade for property dedicated to
7.10)
the City
Total Fire fees $368,644, estimated
Land Value: $466,913, estimated
50% of Off -Site Ag Mitigation Fee.
$301,750
G 1 �G /_
{?
First 50% of $603,500 shall be paid
0�
by time of recordation of Phase 1 of
Tract 3089 Final Map.
50% of Off -Site Ag Mitigation Fee.
$301,750
Other 50% of $603,500 shall be paid
by December 31, 2021.
13
Da PCGeiWJ
Total Ad Hoc and Mitigation Fees
$1,348,997
Affordable Housing Requirements
See
Affordable
Housing
Agreement
Water Impact Fee'
To be
collected with
building
permit
LOVR Transportation Impact Fee
Wastewater Impact Fee
To be
collected with
building
permit
Subject to
fee credits
for Buckley
Lift Station
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.
14
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno
On 1�dAyol- 23, 26ZL before me,
Alison G. Baker
(insert name and title of the officer)
personally appeared Joshua Peterson
who proved to me on the basis of satisfactory evidence to be the personwwhose nameW is/afe
subscribed to the within instrument and acknowledged to me that he/&haAle executed the same in
his/weir authorized capacity(jprol and that by his/heMhcir signatureWon the instrument the
person, or the entity upon behalf of which the personKacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ALISON G. BAKER
ca
llotary Public - California
Fresno County
WITNESS my hand and official seal. Commission r 2304966
My Comm. Expires Sea 13, 2023
Signature - (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF V—Z S Y C)
On MV 6AA) c,-A' S- , 2021, before me, ,1 c
Notary Pt4lic, personally appeared it G 1 ,
who proved to me on the basis of satisfactory evidence to be the person() whose name(o
is/a--' subscribed to the within instrument and acknowledged to me that he/sKe/dwy
executed the same in his/*/their authorized capacity(ict), and that by his/her/t1jeir
signatureO on the instrument the person), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
1
Signature
^` NICOLE SHAW
Notary Public - California
Fresno County
J Commission # 2340407
~ `' �•"' My Comm. Expires Dec 17, 2024
NPQM
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
pq
STATE OF CALIFORNIA
COUNTY OF FRESNO
On C S Z(o, 2021, before me, Liana Leyva, Notary Public,
personally app ared M-e ern a kSS-e yN--) I
who proved to me on the basis of satisfactory evidence to be the persons) whose name(fs)'
is/ar-e subscribed to the within instrument and acknowledged to me that he/sl;eAhey-
executed the same in his/heWtheir authorized capacity(iss); and that by his/he'Fftheir
signatureWon the instrument the persons , or the entity upon behalf of which the
person(syacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
LIANA LEYVA
Notary Public - California
Fresno County
Commission N 2250637
My CO[TIm. Expires Aug 17, 2022
(Seal)
' �
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wchomes.com CITY OF SAN LU!S OBISPO
735 Tank Farm Rd, San Luis c )hispu. CA 93401���L1� YV0�1�5 ��na�ai�T���T
(805) 595-5440 • Fax (805) 595-5441 WORKS i `d
Document Transmittal Sheet
I*o: Steve La Chaine, Senior Civil Eng.
San Luis Obispo City,
Com. Development Dept
919 Palm Street
Re: Avila Ranch (Tract 3089- Ph. 1)
❑ USPS ❑ FedEx ❑ On Trac
From: Reed Oiiate, Dir. Forward
Date: 11-16-2021
❑ Golden State ® By Hand
Please find attached: /
• Subdivision Agreement — Tract 3089 Phase 1, Executed by WCH 8-27-2021
• Subdivision Improvements Performance Bond No. 38K009001, dated 8-6-2021 ($100K)
• Subdivision Improvements Maintenance Bond No. 38KO09000 dated 8-6-2021 ($101K) ✓/
• Subdivision Improvements Performance Bond No. 38K008998, dated 8-6-2021 ($163K) v
• Subdivision Improvements Performance Bond No. 38KO08999 dated 8-6-2 021 ($75K) ✓
• Water Impact Fee, Stevenson Park, dated 7-26-2021, for $11,872.00
• Traffic Mitigation Fee, Buckley -Davenport Intersection, dated 7-26-2021, for $230,000.00
• Traffic Mitigation Fee, Buckley-Vachell Intersection, dated 7-26-2021, for $34,580.00
• Off -site Ag Mitigation Fee, dated 7-26-2021, for $301,705.00
• Water Impact Fee, dated 7-26-2021, for $40,365.00 (Parks B, C)
• Roadway Maintenance Fee, dated 7-26-2021, for $9,000.00
• Water Impact Fee, dated 7-26-2021, for $40,365.00 (Parks A)
• Traffic Mitigation Fee, S. Higuera - LOVR, dated 7-26-2021, for $208,017.00
• Traffic Mitigation Fee, Buckley — SR 227, dated 7-26-2021, for $272,900.00 ✓
• Subdivision Improvements Performance Bond No. 38K008752, dated 7-22-2021 ($11.4M)
• Subdivision Improvements Labor & Materials Bond No. 381<008752, dated 7-22-2021 ($5.7M)
• Subdivision Improvements Performance Bond No. 38K008754, dated 7-22-2021 ($345K)
• Subdivision Improvements Labor & Materials Bond No. 38K008754, dated 7-22-2021 ($172K)
• Subdivision Improvements Performance Bond No. 38K008753, dated 7-22-2021 ($858K) ✓ �J
• Subdivision Improvements Labor & Materials Bond No. 38K00875.4;11ated 7-22-2021 ($429K) t(�
• Subdivision Improvements Performance Bond No. 381<008755, dated 7-22-2021 ($1.2M).�
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