HomeMy WebLinkAboutR-4112 Approval of Final Tract Map 781 (Exposition Park)RESOLUTION N0. 4112 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF THE FINAL MAP OF TRACT 781, LOCATED
AT SOUTH STREET NEAR KATY STREET.
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 687, of which Tract 781 is the third unit. These findings are contained
in Resolution No. 3519 (1978 Series).
SECTION 2. Whereas Improvement Bonds totaling $625,800.00 are on file with
the City to guarantee installation of subdivision improvements.
SECTION 3. This Council hereby grants approval of the final map of Tract
781 and authorizes the Mayor to execute the agreement.
On motion of Mayor Cooper , seconded by Councilman Bond I
and on the following roll call vote:
AYES: Mayor-'.Cooper-, Councilmembers Bond, Billig, Dunin and Jorgensen
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of *larch
1980.
OR ZLYNN R. COOPER
ATTEST:
CI L RK J:H. FITZPATRICK
* * * * * * * * * * * * *
R 4112
Resolution No. 4112 (1980 Series)
APPROVED:
City Admin' trative Officer
City Attorney
X(rii�ty Engineer
l r ^�
AGREEMENT
THIS AGREEMENT, dated this —4th day of _larch , 1980 by and
between R. [Jayne Gann and Kathleen K. Gann 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. 781,
Exposition Park Unit 3
City of San Luis Obispo, California
-as approved by the City Council, on the 4th day of March ,19 80 .
WHEREAS, the Subdivider desires that said
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.
Noll 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
5. 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.
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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,
and that the work shall be completed within
eighteen (18) months of said
recording date, unless an extension has heen granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, the Suhdivider
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.
TFbte Subdivider does also agree to comply with the following conditions establi-
shedw�by the Planning Commission and /or the City Council.
Subdivider shall pay water acreage fees in the amount of $17,085.64 for
lots 1 -36, and 38 -43 (14.329 acres @ $1160 /acre).
d 2.. Subdivider shall deposit with the City the sum of $15,000.00 to pay City
cost to maintain landscaping for one year in lots 37 & 42.
If the City does not fund installation of Turf and Irrigation systems,
within said lots, as part of the Fiscal Year 1980 -1981 captial budget,
this sum will be refunded to the'developer.
Subdivider shall pay grading permit fees of $285.50: This shall be considered
y� a normal subdivision inspection fee.
4. Subdivider shall remove radio tower and support buildings prior to acceptance
of the subdivision improvements by the City.
5. This subdivision is granted full credit for parkland dedication.
6. If the public improvements required for this subdivision are not completed
within the time allotted by this agreement, no occupancy.shall be granted for
completed structures nor shall new building permits be issued for structures
within this subdivision.
&V 0��. Subdivider shall deposit with the City the sum of $700.00 to guarantee
monumentation of this subdivision.
8. Subdivider agrees to oversize the waterline in Woodbridge Street within
Tract 781 and the City will pay the difference in cost between an 8 inch
and 12 inch waterline at the rate of $6.00 per lineal foot as established
by Resolution No. 4112 (1980 Series).
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 ,erec attaches hereto, and :1s an intu:'.ral part �ereoi, and as
security for the performance of this agreement, annroved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said is in the amount
/Iod of S 625,800 and which is in the amount of the estimated cost of said
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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 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 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 $ 18,774.00
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
Q f total of inspection fees & gradin
( §1 inspection fees exceed the sum of $ 19,059.50 being theAthe difference is to be paid
r� U' by the The City reserves the sole discretion in determining
Subdivider.
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the amounts to be paid for salary and '�zpenscs of said inspector or inspectors.
Article 9, Chanter 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:
day of March , 19 80
Approved as to form
C.
' City Attorney Subdi ider Wayne Gann Kathleen Gann
_4th day of March , 1980
ty Engineer Wayne Peterson
SUM R. 00PER
Mayor Lynn R. Cooper
Attest: S/. R FITZPATRICK
City Clerk J.H. Fitzpatrick
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TRACT 781
SUMMARY OF FEES
Pd. By:
- Water Fees $17,085.64 Check #1216
Landscape Maintenance $15,000.00 Check #1217
Grading Permit Fee. $ 285.50 (See'Inspection Fee)
Monumentation $ 700.00 Check #1206
Inspection Fee $18,774.00 Check #1215 - Total is $19,059.50
which is total of grading permit
and inspection fees
All checks received 2/21/80
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