HomeMy WebLinkAboutR-3714 Approving the Final Map of Tract 736 Expostion Park Unit 2 & Authorizing Subdivision AgreementRESOLUTION NO. 3714 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP OF TRACT 736 EXPOSITION PARK UNIT 2
AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT,
LOCATED ON SOUTH ST. AND MEADOWS ST.
BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Tract 736 as contained in Resolution No. 3519 (1978 Series).
SECTION 2. Condition No. 5 of Resolution 3519 (1978 Series) is amended
to require 14 feet of right -of -way dedication along South Street. (The intent
of the original resolution was to provide 50 feet of right -of -way from the
centerline of South Street).
SECTION 3. This Council now hereby approves the final map of Tract No. 736
located on South St. and Meadow St.,, subject to the condition in the subdivision
agreement attached hereto, marked Exhibit "A and hereby incorporated herein,
and authorizes the Mayor to execute said subdivision agreement on behalf of
the City.
On motion of Councilman Dunin , Seconded by Councilman Settle , and
on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None .
the foregoing Resolution is passed and adopted this 14th day of
November , 1978.
R 3714
ATTEST:
J. . Fitzpatrick City Clerk -
Approved as to form:
�
George C. Thacher City Attorney
Approved as to content:
City Administrative Officer
Community Dev lopment 'rector
CittEineQer
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THIS AGREEMENT, dated this
AGREEMENT
14th day of
November
19 78 , by and
between Gann Investments, Inc. , herein referred
to as "Subdivider", and.the CITY OF SAN LUIS OBISPO, herein referred to as the
"City ".
W I T N E S S E T H:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final "Map of Tract No. 736 ,
Exposition Park Unit 2
City of San Luis Obispo, California ",
as approved by the City Council, on the 14th day of November ,19 78 .
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 736
be accepted and approved as a final map pursuant to the Subdivision Regulations and
"'Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and 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. CURBS, 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. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All 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 establshed 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,
C "_a :O:k 'I :._li e Completed .:LtiiiP. �1,aj1`Ppn 118) CnOnths Of sPid
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, 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 following conditions establi-
shed by the Planning Commission and /or the City Council.
1. The Developer shall pay to the City the sum of $13,180.26 for water acreage
fees. (Lots 1 thru 42, & 44 thru 49).
2. The Developer shall deposit with the City a cash bond in the amount of $1,000.00
to assure final monumentation of the subdivision. Said deposit will be released
to the Developer upon receipt by the City of_a letter from the engineer indicating
he has completed the work and has been paid.
'`. 3. Developer agrees to oversize the water - line in Woodbridge St. in Tract 736
and the City will pay the difference in cost between a 8" and 12" at the
rate of $9.00 per lineal foot.
4. Developer will deposit with the City, the sum of $15,000.00 to pay City,
cost to maintain landscaping for one year in Parcel 43.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.
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The Subdivider herevy attaches hereto, and as an integral part hereof, and as
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of San Luis. Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $ 4205000 and which is in 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
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 100 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 improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or 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..
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited 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 agrees to deposit with the City a labor and material bond in
the amount of 50% of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 12,600.00
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
inspection fees exceed the sum of $ 12,600.00, above- _ , the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
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the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I 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.
It is understood and agreed by and between the Parties 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:
14th day of November. 19 78.
Approved as to form
City Attorney Subdivider
14th day of November , 19 78
er
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sJ KINN`ITH E. SCMVAIZTZ
yor Kenneth E. Schwartz
Attest: s7 J. H. FOTZP ATRICV
City Clerk J.H. Fitzpatrick