HomeMy WebLinkAboutSubdivision Agreement Righetti Phase 1 - executedSUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 30th day of March 2018 by and between Righetti
Ranch LP, a California limited partnership, 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 1, City of San Luis
Obispo, California, as approved by the City Council on the 21 st day of February 2017.
The Subdivider desires that said Tract 3063-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 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 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(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. 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 or
sureties in the amount of 50% 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.
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IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
Righetti Ranch, LP
a Delaware limited partnership
BY: NRE Manager, LLC
a Delaware limited liability company
ITS: General Partner
BY: Ambient Righetti Manager, LLC
a California limited lia i�r
ITS: Sole Member
Travis Fuentez, Pr ide
Dante'Anselmo, Vice -President
CITY OF SAN LUIS OBISPO
zwzueli�hh
APPJAVVED AS TO FORM:
CIWATTORNEY Christine Dietrick
n.
EXHIBIT 1
TRACT 3063-PHASE 1
SUBDIVISION AGREEMENT
Page 1 of 2
1. 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. A Special Status Plant and Natural Community Mitigation and Monitoring Plan
("Monitoring Plan") dated August 2016 was prepared by Rincon Consultants, Inc. and is on
file at the City. The Plan was prepared to comply with Mitigation Measures B-2(b) through
B-2(g) of the Orcutt Area Specific Plan Final Environmental Impact Report and Vesting
Tentative Map #3063 Mitigation Measures B-3, B-4, B-5 and B-6 to mitigate for the loss of
special status plant species and vegetation community as a result of project implementation.
The Subdivider has deposited a surety in the amount of $27,300 to guarantee the collection,
salvage, storage, site preparation, planting, establishment, restoration, maintenance,
protection, monitoring and reporting of the designated plant species and topsoil for a period
of five (5) years or until the Success Criteria listed in Section 6.0 of the Monitoring Plan has
been achieved, whichever is longer.
3. Pursuant to Condition #34 of Council Resolution No. 10619 (2015 Series), the Subdivider
has deposited a faithful performance security in the amount of $200,000 to retain a qualified
traffic consultant to conduct neighborhood speed surveys one year after final occupancy of
Phase 1 at locations approved by the Director of Public Works. If the 85 h percentile speeds
exceed current City Neighborhood Traffic Management (NTM) thresholds, additional traffic
calming measures shall be installed. The $200,000 security will be retained by the City to
guarantee that Subdivider installs additional City -approved traffic calming measures to
reduce the speeds to comply with City NTM thresholds. The additional measures shall be
installed within six (6) months following notice from the City to install said measures.
Additional speed surveys shall be conducted twelve (12) months after completion of
construction of the additional traffic calming measures. The $200,000 security will be
released to the Subdivider once City -approved speed surveys demonstrate that traffic speeds
comply with City NTM thresholds.
4. The Subdivider has deposited a security or securities in the amount specified in Exhibit 2 to
guarantee completion of the subdivision improvements specified in Exhibit 2. Release of the
security or securities shall be in accordance with the provisions of this Subdivision
Agreement, the City's Municipal Code, California Government Code and California Civil
Code.
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EXHIBIT 1
TRACT 3063-PHASE 1
SUBDIVISION AGREEMENT
Page 2 of 2
5. Plancheck and inspection fees for the subdivision improvements have been paid as listed in
the attached Exhibit 2.
6. 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.
7. 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.
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.
9. 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.
10. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #49. The fee
of $23,000 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.
11. Certain required Phase 1 improvements have been approved for deferral as shown in Exhibit 3
and as approved by City Council on February 6, 2018. Bonds for the deferred improvements
shall be submitted prior to Phase 1 map recordation. The subdivider agrees that the City shall
have the option to call upon these bonds a minimum of one year following issuance of the first
Tract 3063 Phase 1 occupancy or by April 16, 2019, whichever occurs first. The subdivider
further agrees that the City shall have the option to call upon these bonds prior to issuance of
occupancy for Tract 3066 Jones Ranch or Tract 3044 Taylor Ranch, if the improvements are
needed for orderly development.
12. If another entity besides Subdivider constructs the off -site water main extension, then the
$775,000 bond may be used to pay Subdivider's fair share of the cost of water main as shown in
the Reimbursement Agreement approved by City Council Resolution No. 10812 (2017 Series).
13. Per Condition 418 of City Council Resolution No. 10861 (2018 Series), the City reserves the
right to call upon the bonds per the dates specified in the resolution.
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EXHIBIT 2
TRACT 3063-PHASE 1- FEE AND BOND LIST
3987 Orcutt
Page 1 of 2
Amount
Form
ate
TRccccived
Bond Release Status
Bonds and Guarantees:
Total Faithful Performance to guarantee
$12,447,700
See
See
Can be released upon City acceptance of
construction and completion of the
breakdown
breakdown
improvements, deposit of one-year warranty
following subdivision improvements
below
below
surety, and approval of record drawings.
Offsite Water Main Extension
$775,000
Bond
4/3/18
FMAP-2242-2015/ FMAP-4024-2016
BOND-0050
On -Site Improvements (FMAP-2631-2016)
$10,027,700
Bond
4/3/18
and water, recycled water, and sewer creek
crossings on Tiburon Way and Righetti
Ranch Road per the approved plans
Off -Site and On -Site Landscaping
$175,000
Bond
4/3/18
FMAP-4234-2016/FMAP-0288-2017)
Tank Farm widening and restriping for
$120,000
Bond
4/3/18
left -turn pockets at Tank Farm/Wavertree
and Tank Farm/Brookpine intersections,
and Phase 1 southbound interim right -turn
lane on Orcutt at Tank Farm intersection
FMAP-1718-2015
Tank Farm/Righetti Ranch Road
$1,350,000
Bond
4/3/18
Roundabout and Tank Farm Phase 1
frontage
FMAP-1718-2015
Total Labor & Materials (50% of total
$6,223,850
See
See
Can be released 90 days after acceptance of
cost of above improvements)
breakdown
breakdown
improvements, if no claims. (Civil Code
below
below
Section 8412
Offsite Water Main Extension
$387,500
Bond
4/3/18
FMAP-2242-2015/ FMAP-4024-2016
On -Site Improvements (FMAP-2631-2016)
$5,013,850
Bond
4/3/18
and water, recycled water, and sewer creek
crossings on Tiburon Way and Righetti
Ranch Road per the approved plans
Off -Site and On -Site Landscaping
$87,500
Bond
4/3/18
FMAP-4234-2016/FMAP-0288-2017
Tank Farm widening and restriping for
$60,000
Bond
4/3/18
left -turn pockets at Tank Farm/Wavertree
and Tank Farm/Brookpine intersections,
and Phase 1 southbound interim right -turn
lane on Orcutt at Tank Farm intersection
FMAP-1718-2015
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EXHIBIT 2
TRACT 3063-PHASE 1 - FEE AND BOND LIST
3987 Orcutt
Page 2 of 2
Tank Farm/Righetti Ranch Road
$675,000
Bond
4/3/18
Roundabout and Tank Farm Phase 1
frontage
FMAP-1718-2015)
Faithful Performance
$200,000
Bond
4/3/18
See Exhibit 1 for when bond can be released.
for completion of traffic speed surveys
and installation of additional traffic
calming measures
Faithful Performance of the Special
$27,300
CD
3/28/18
See Exhibit 1 for when bond can be released.
Status Plant and Natural Community
(CD-0048)
Mitigation and Monitoring Plan
Monument Guarantee
$45,500
CD
3/28/18
Can be released upon verification that
(CD-0047)
monuments have been set and surveyor has
been paid.
10% Warranty
$1,244,770
To be
Can be released one-year after acceptance of
collected
improvements, if no defects, and approval of
prior to
record drawings.
release of
Faithful
Performance
Bond
Faithful Performance for Early Grading
$154,686
Bond
9/20/16
Released on 4/3/18 due to replacement with
(FMAP-3901-2016)
(BOND-0014)
subdivision bonds.
Labor & Materials for Early Grading
$77,343
Bond
F
9/20/16
Released on 4/3/18 due to replacement with
FMAP-3901-2016)
BOND-0015
subdivision bonds.
Fees:
Map Check Fee
$29 458
Check
2/14/16
Plan Check Fee
$189,863
Check
various dates
Construction Inspection Fee
$411,852
Check
8/4/17
Roadway Maintenance Fee (Condition #49)
$23,000
Check
3/28/18
Deposited 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 buildingpen-nit
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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EXHIBIT 3
TRACT 3063-PHASE 1- DEFERRED IMPROVEMENTS
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