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HomeMy WebLinkAboutSubdivision Agreement - signed as of 9-10-2020�� I SUBDIVISION AGREEMENT - TRACT 3096 THIS AGREEMENT is dated this /5 f day ofbe✓ 2020 by and between MI SAN LUIS RANCH, LLC, a Delaware 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 3096, City of San Luis Obispo, California, as approved by the City Council on the day of ri,%er 2020. The Subdivider desires that said Tract 3096 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, or assignee, does hereby agree to construct and install the following subdivision improvements (collectively, the "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 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. 1 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 Improvements shall be installed in the locations designated and to the plans and specifications as approved by said City Engineer and any approved modifications (the "Approved Plans"). The lines and grades for all of said improvements shall be established by the Subdivider in accordance with the Approved Plans. The Subdivider agrees that the work of installing the Improvements shall begin within ninety (90) days from the date of recording of the final map, and that the work shall be completed within sixty (60) months of said recording date, unless an extension has been granted by the City; the grant of any such extension shall not be unreasonably withheld by the City. Subdivider further agrees to annually renew the securities guaranteeing the Improvements until such time as the Improvements are complete and accepted by the City. Should Subdivider fail to actively pursue the Improvements for any twelve (12) consecutive month period, provided City provides thirty (30) days written notice to Developer of such failure, and Subdivider fails to actively pursue the Improvements during said thirty (30) day period, the City shall have the ability to call the requisite Improvement Bonds. It is further 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. 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 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 faithful performance of this agreement, instrument(s) of credit or bond approved by and in favor of the City of San Luis Obispo. Said instrument(s) of credit or bond is/are in the amount(s) shown in Exhibit 2, which is the amount of the estimated cost of the 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 the City's 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 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 plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept The Improvements or waive any defects in the same or any breach of this agreement. "AS -BUILT" record drawings are to be submitted upon 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 any instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete The Improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or its 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. 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 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 6.03.1 of the Development Agreement adopted by the City Council on August 21, 2018 by Ordinance No. 1649 (2018 Series) with regards to acquiring said off -site dedication. 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. [signatures on following page] IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: GVI.4�� Donald R. Faye Its Authorized Agent CITY OF SAN LUIS OBISPO /0/, AL MrOR Hei Har on ATTEST: CITY CLERK Teresa Purlton AS TTORNEY Christine Dietrick 0 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of 5e,� L. ,-' .5 n\\\ o(» J} On k CD ( 7-02AD before me, Q v �� \`• v�`r��� av� , Date Here Insert Name and Title of the Officer personally appearedt: Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .•+ °i KEVIN R. CHRISTIAN Notary Public • California San Luis Obispo County D Commission p 2302534 My Comm. Expires Aug 22, 2023 Place Notary Seal and/or Stamp Above 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-� Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: � 4 � l Ze2Z Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: \'Jo & e— •E- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee o Guard' n ofConserv.tor to -Other: N -a % Or Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: C\NV-4-1%,--- OJT &,T ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ,��Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing EXHIBIT 1 TRACT 3096 SUBDIVISION AGREEMENT The Subdivider has deposited a monumentation security in the amount of $45,500 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. Per Condition #37, Park In -Lieu Fees for the single-family lots shall be paid prior to map recordation. The $1,696,805 fee listed in Exhibit 2 includes the 3.0-acre shortfall and the fee for 282 single-family units. It takes into account credit for the 2.8 acres of parks being constructed on -site, so no additional credit will be available for this park. Park in -lieu fees for the units being constructed on the multi -family lots (Lots 1 and 2) are deferred to building permit issuance. 3. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #62. The fee of $91,000 was approved by the City Engineer in accordance with City Engineering Standards and guidelines. 4. The Subdivider shall assume the financial obligation of the City for the construction and widening of Froom Ranch Way per the Prefumo Creek Commons Covenant to Install (Doc. #2010-030948) and shall cause the improvement to be completed. 5. The subdivider shall comply with all requirements of Council Resolution No. 10822 (2017 Series) approving the tentative map, approving the Specific Plan, and certifying the Final Environmental Impact Report; Council Resolution No. 10927 (2018 Series) certifying the Final Supplemental Environmental Impact Report, and Ordinance No. 1649 (2018 Series) approving the Development Agreement. EXHIBIT 2 TRACT 3096 - FEE AND BOND LIST 1035 MADONNA ROAD Amount Form Date Bond Release Status Received Bonds and Guarantees: On -Site -Faithful Performance: Can be released upon City Council acceptance of improvements, deposit of one-year (See Exhibit 3 for graphical location) warranty surety, and approval of record drawings. 1.1 Tree Removal Restoration $629,600 Bond 1/8/19 PDF of bond signed 1/8/19 (FMAP-0174-2017) 1.2a Site Grading $1,164,125 Bond 7/17/19 Bond reduced 75% from original (FMAP-0174-2017) $4,656,900 1.2b Early Grading (south of channel) $1,926,500 Bond 4/25/19 Work completed, bond to be Exonerated, (FMAP-0174-2017) based on letter dated 10/25/19 1.2c Early Grading (north of channel) $987,500 Bond 4/25/19 Work completed, bond to be Exonerated, (FMAP-0174-2017) based on letter dated 10/25/19 1.3 Drainage SFD $1,879,600 Bond 10/7/19 PDF of bond signed 10/7/19 (FMAP-0174-2017) 1.4 Drainage Detention, Regional Basin $1,351,900 Bond 10/3/19 Bond reduced 75% from original (FMAP-0174-2017) $5,407,600 2.1 Froom Ranch Way Infrastructure $5,624,500 bay) G��2/� (FMAP-0174-2017 2.2 Froom Ranch Way bridge $2,838,500 bb� d �/ 2 20 (FMAP-0710-2019) 3.0 Madonna Road Infrastructure $1,453,100 Bond 10/7/19 PDF of bond signed 10/7/19 (FMAP-0174-2017) 4.0 Dalidio Drive Infrastructure $2,476,400 Bond 10/7/19 PDF of bond signed 10/7/19 (FMAP-0174-2017) 5.1 Single Family Residential Infrastructure $7,001,600 bona 3,200 sf lots (FMAP-0174-2017) 5.2 Single Family Residential Infrastructure $2,000,200 I b0 l 2� Zv 2,400 sf lots ►10 (FMAP-0174-2017) 5.3 Central Park, SFR Landscaping, Creek $3,185,500 Restoration (FMAP-0174-2017) 6.0 Creek Habitat Restoration Monitoring & Maintenance $932,500 1 b c5Y1 b I 0 �' (FMAP-0174-2017) l2l 7.1 Historical Building Restoration $804,700 bra, °j l2 1-0 (BLDG-Pending) Off -Site -Faithful Performance: Can be released upon Public Works Director acceptance of improvements, deposit of one-year warranty urety, and approval of record drawings. 8.0 Highway 101 Sewer Crossing and $1,039,700 Laguna Lift Station Improvements (FMAP-1619-2018) 9.0 Left -turn Lane at Madonna/ 101, and $1,019,900 �7oY1 d ��ZO Madonna Protected Bikeway, El Mercado to Hwy 101 (FMAP-1416-2018) 10.0 Right -turn Lane at j OVR/S. Higuera FMAP-1414-2018 $11,500 j7 11.0 Froom Ranch Way Widening & LOVR � Bond Amount Subject to change with Intersection Improvements � 2t4i014-t'500 b. � `�'� 20 final approved plans and estimates. (FMAP-1543-2018) 12.0 Hwy 101 Ramp at LOVR $250,000 (Caltrans submittal) 13.0 Early Residential Development Surety $300,000 II -- 1 I� There is no Labor and Materials 50% (section 5.04.4 if Development bond added to this item. Agreement) 1 jc�Y1C I2 7,o 14.0 Monument Guarantee $45,500 There is no Labor and Materials 50% bond added to this item. Bond can be released upon verification that monuments have been set and surveyor has been paid. Labor & Materials (50% of cost of each of Can be released 90 days after acceptance the above improvements) of improvements, if no claims. (Civil Code Section 8412) Amount Form Date Bond Release Status Received 1.1 Tree Removal Restoration $629,600 / 2 Bond 1/8/19 PDF of bond signed 1/8/19 (FMAP-0174-2017) _ $ 314,800 1.2a Site Grading $1,164,125 / 2 Bond 7/17/19 Bond reduced 75% from original (FMAP-0174-2017) _ $ 582,062 $2,328,450 1.2b Early Grading (south of channel) $1,926,500 / 2 Bond 4/25/19 Work completed, bond to be Exonerated, (FMAP-0174-2017) = $ 963,250 based on letter dated 10/25/19 Work completed, bond to be Exonerated, 1.2c Early Grading (north of channel) $987,500 / 2 Bond 4/25/19 (FMAP-0174-2017) _ $ 493,750 based on letter dated 10/25/19 1.3 Drainage SFD $1,879,600 / 2 Bond 10/7/19 PDF of bond signed 10/7/19 (FMAP-0174-2017) _ $ 939,800 1.4 Drainage Detention, Regional Basin $1,351,900/ 2 Bond 10/3/19 Bond reduced 75% from original (FMAP-0174-2017) = $ 675,950 $2,703,800 2.1 Froom Ranch Way Infrastructure $5,624,500 / 2 ��� q I Z Z� (FMAP-0174-2017 = $ 2,812,250 I 2.2 Froom Ranch bridge $2,838,500 / 2 q ��' U (FMAP-0174-2017) = $ 1,419,250� l 3.0 Madonna Road Infrastructure $1,453,100 / 2 Bond 10/7/ 19 PDF of bond signed 10/7/ 19 (FMAP-0174-2017) _ $ 726,550 4.0 Dalidio Drive Infrastructure $2,476,400 / 2 Bond 10/7/19 PDF of bond signed 10/7/19 (FMAP-0174-2017) _ $ 1,238,200 5.1 Single Family Residential Infrastructure $7,001,600 / 2 3,200 sf lots = $ 3,500,800 (FMAP-0174-2017) 5.2 Single Family Residential Infrastructure $2,000,200 2,400 sf lots = $1,000,100 (FMAP-0174-2017) 5.3 Central Park, SFR Landscaping, Creek $3,185,500 / 2 ►J c+ Restoration (FMAP-0174-2017) _ $ 1,592,750 6.0 Creek Habitat Restoration Monitoring & $932,500 / 2 1 _ _ !�°'' 4 ` Maintenance (FMAP-0174-2017) _ $ 466,250 7.1 Historical Building Restoration (BLDG-Pending) $804,700 / 2� a jZl� I l _ $ 402,350 8.0 Highway 101 Sewer Crossing and $1,039,700 / 2 II,-, bmm p� I Zl Laguna Lift Station Improvements = $ 519,850 ! (FMAP-1619-2018) 9.0 Left -turn Lane at Madonna/101, $1,019,900 / 2 LL 11 and Madonna Protected Bikeway = $ 509,950 (FMAP-1416-2018) 10.0 Right -turn Lane at LOVR/S. Higuera $11,500 / 2 (FMAP-1414-2018) _ $ 5,750 f✓ 11.0 Froom Ranch Way Widening & LOVR 5r2-3_-nt@W' 2 ��1� 50% Bond Amount Subject to change Intersection Improvements (FMAP-1543-2018) $-};};8,No 112A'Taio with final approved plans and estimates. 12.0 Hwy 101 Ramp at LOVR $250,000 / 2 I (Caltrans submittal) _ $ 125,000 10% Warranty To be collected prior to release of Can be released one-year after Faithful Performance Bonds acceptance of improvements, if no defects, and approval of record drawings. Fees: Amount Form Date Status Received Map Check Fee $61,287.81 Check 3/9/18 Paid Improvement Plancheck Fees (FMAP-0174-2017) PIP and On -Sites $251,915.11 Checks Oct 2019 Paid IT Surcharge $7,683.41 Check Oct 2019 Paid (FMAP-0435-2019) on -site Imp. Plans $138,812.18 Check 8/16/19 Paid IT Surcharge $3,683.24 1 Check 8/16/19 1 Paid IN (FMAP-1054-2017) Over-ex/Recompact $13,972.39 Check 5/23/19 Paid IT Surcharge $370.74 Check 5/23/19 Paid (FMAP-1414-2018) striping, S Huguera $1,518.75 Amount Subject to change with final IT Surcharge $40.30 plans. Not invoiced as of 8/13/20. (FMAP-1415-2018) Madonna striping $1,518.75 Amount Subject to change with final IT Surcharge $40.30 plans. Not invoiced as of 8/13/20. (FMAP-1416-2018) Madonna Left Turn, $24,170.09 Invoiced. Plans are approved. And Madonna Protected Bikeway IT Surcharge $641.33 Invoiced. Plans are approved. (FMAP-1619-2018) Highway 101 Sewer $23,316.93 Check 7/27/20 Paid Crossing and Laguna Lift Station Imp. IT Surcharge $618.69 (FMAP-1543-2018)Froom/LOVR Int/Imp $31,361.01 Amount Subject to change with final IT Surcharge $964.80 plans. Not invoiced as of 8/13/20. (FMAP-1963-2018)Grading,N.ofChannel $14,244.04 Check 5/29/19 Paid IT Surcharge $377.95 Check 5/29/19 Paid 11 Construction Inspection Fees Amount Form Received Status (FMAP-0174-2017) PIP and On -Sites $610,906.90 Checks Oct 2019 $610,906.90 Paid, $500,000 from April 2017, and $110,906.90 Oct 19 (FMAP-0435-2019) on -site Imp. Plans $398,924.72 Check 8/16/19 Paid (FMAP-1054-2017) Over-ex/Recompact $22,225.33 Check 5/23/19 Paid (FMAP-1414-2018) striping, S Higuera $539.61 Amount Subject to change with final plans. Not invoiced as of 8/13/20. (FMAP-1415-2018) Madonna striping $539.61 Amount Subject to change with final plans. Not invoiced as of 8/13/20. (FMAP-1416-2018) Madonna Left Turn, $53,152.11 Invoiced. Plans are approved. and Madonna Protected Bikeway (FMAP-1619-2018) Highway 101 Sewer $49,374.77 Check 7/27/20 Paid Crossing and Laguna Lift Station Imp. (FMAP-1543-2018)Froom/LOVR Int/Imp $84,989.69 Amount Subject to change with final plans. Not invoiced as of 8/13/20. (FMAP-1963-2018)Grading,N.ofChannel $22,186.75 Check 5/29/19 Roadway Maintenance Fee $91,000 �� q /� p /11 DTo be deposited in Acct # 40050300- 90346953 Streets Reconstruction and Resurfacing Master per Matt Horn Park In -Lieu Fees $1,696,805 1102a see Exhibit 1 for explanation Park In -Lieu Fees for multi -family units To be collected with building permit See Notice of Requirements, Item 3. Amount Form Date Received Fair Share Traffic The amounts From the San Luis Ranch Financing Mitigation Fees: identified for Plan dated June 2018 and Mitigation Items #1-10 Measures (see below) reflect the project's full obli ation. 1. Madonna & Oceanaire Pedestrian $150,000 G��� p1 I o l l #8 from Table 3, Financing Plan. Crossing Enhancements 50% of $300,000 2. Prado and Higuera Widening $75,000 � o)110 To #13 from Table 3, Financing Plan. 10% of $750,000 3. Madonna Road @ LOVR— Signal $25,000 GI. �o #15 from Table 31 Financing Plan. Timing Optimization l 100% of $25,000 12 4. Madonna & Oceanaire Turn Lane Extensions $25,000 �u °) I0 I U #16 from Table 3, Financing Plan. 100% of $25,000 5. LOVR & Auto Park Way Signalization $25,000 ul #17 from Table 3, Financing Plan. 1 20 11 % of $200,000 6. Prado Road Class 1 Path (NB Ramps to Higuera) $140,000 pl I ll (o 11,v #22 from Table 3, Financing Plan. 28% of $500,000 7. Bob Jones Trail (Madonna to Prado) $45,000 G f ' , Y�2� &1110 1,� l #023 from Table 3, Financing Plan. 3 /o of $1,500,000 8. Fair Share Traffic Mitigation Fee (Bob Jones trail) $160,000 �(, I � l 1+0 Item #21 in Table 3 of the San Luis Ranch Financing Plan dated June 2018, Or latest agreement. 9. S. Higuera/Tank Farm Intersection $42,500 (QI l II II Item #18 in Table 3 of the San Luis Ranch Financing Plan. 10. Lengthen right -turn lane at $125,000 Item #12 in Table 3 of the San Luis Higuera/South intersection �' 1�01 v' Ranch Financing Plan 11. Fair Share Traffic Mitigation Fee (Prado Interchange) Final TBD To be collected with building permit or Items #4 and 5 in Table 3 of the San Luis Ranch Financing Plan dated June 2018 occupancy per and Condition #7 conditions of approval and the schedule established in Section 5.04.6 of the Development Agreement. Other Impact Fees: Water Impact Fees for irrigation meters $103,533.65 L I r ' iu(�tl. I b I Condition #77. 5 meters counted @ $20,706.73 for each one inch meter. Discrepancies of actual meter count or sizes constructed as opposed to the count on the approved October 2019 plans will adjust fee as extra or refund with building permits. Capacity Offset Fee for Wastewater $300,000 (, L �o Development Agreement Section 7.08 Affordable Housing Requirements See Affordable Housing Agreement 13 SIA NOR 14