The URL can be used to link to this page

Home My WebLink AboutR-3955 Approval of Final Map of Tract 718, Laguna Shoresu RESOLUTION NO. 3955 (1979 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 718, LAGUNA SHORES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings as contained in Resolution No. 3555 (1978 Series). SECTION 2. Whereas a set -aside letter in the amount of $172,200.00 is on file with the Clerk of the City of San Luis Obispo to guarantee installation of required improvements, all other conditions having been met. SECTION 3. This Council hereby grants approval of the final map of Tract 718 and authorizes the Mayor to execute the agreement. On motion of Councilman Jorgensen , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin,. Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted his 18th day of September , 1979. ATTEST: R 3955 l` Resolution No. 3955 (1979 Series) APPROVED: trative%Dfficer City Attorney City En Weer .� 1 AGRFENIENT THIS AGRIiEMENT, dated this 7th clay of September 19 7.9 by and between VAL VISTA ESTATES, 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 If: REFERENCE IS IiEREBY 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 o�which is shown on- final "Map of Tract No. 718. , Laguna Shores, 1301 Laguna Lane City of San Luis Obispo, California ", as approved by the City Council, on the 18th day of September ,19 79 WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 718 , 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 agrcas to install the street improvements and uti.l:i.ty 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 wi.t: 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 STRUCi'URES S. ORNAPIENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE. and CABLE.TELEIVISION: In addition to the inspec- tion and appro va! of such facilities by the City, each publ 1c utility shall he required to file a. letter stating that the develollcr has nrop- erly installed ail facilities to be provided by him, and th;it the said, utility is prepared to provide service to residents upon request. 7. ANY ,; ALL OTHER TAIPROVEbIENTS shown on plans or required by City regulations. All the above facilities ::hall 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 shill he estahished by the Sr.!)divider in : ccordnnce -.:ith ;aid ;;ppro ed piai,s and specification;. The SUbdividcr agrecz, that the work of installing the above improvements shall hegin within thirty (30 ) days Crom the date of recording of the final m;i;), ind rh;iC the work shall be completed within eighteen X18) months of said 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 gaivcs 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. Subdivider shall pay Water Acreage and Frontage Fees.in.the.amount of $12,215.96 (7.390 Ac @ $1160 /Ac + 314.1 Ft @$11.60 /Ft). In the event the San Luis Coastal Unified School District produces certified cost of installation of the water main in Laguna Lane, the Frontage Fee will be recalculated based upon actual cost. Any excess Frontage Fee paid above said fee will be refunded to the Subdivider. 2. Subdivider shall pay Sewer Fees in the amount of $2,730.00 (lift station fee: 78 units @ $35 /unit). In the event the San Luis Coast Unified School District produces certified cost of installation of the sewer main in Laguna Lane the subdivider shall pay a proportionate share of the.cost based upon the frontage . distances of units 57 to 64 and 65 to 78. 3. Subdivider shall pay $5,000 to the City as a contribution to undergrounding wire utilities on the Los Osos Valley Road frontage. 4. The existing well on the site shall be capped to the approval of the Chief_ Building Official. 5. Mini -park dedication and development shall constitute full credit for standard subdivision park requirements. 6. Subdivider shall pay grading fees in the amount of $250.00. This fee shall be considered a standard subdivision fee. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracem•ent of Section lines, the method followed shall be in accord with the instructions set forth in the "Dlarual 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. -2- The Subdivider hereby attaches hereto, and as an .integral part hcrcoE, and r: 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 per:'ca :,i;,nce of this agreement, which said (instrument of: credit /bond) is in the amount of $ 172,200.00 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 Sect -ion 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 imp ovement 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, instrumcnt'of credit, or cash deposit, whic11-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 $ 5,166.00 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 (being the sum of inspection fees & gradin€ inspection fees exceed the _sum of $ 5,416.001permit feel the difference is to be paid by the (iW� The City reserves the sole discretion in determining Subdivider. -3 the amounts to be paid for salary and expenses of said inspector. or inspectors. Article 9, Chapter 1 of the San Luis Obispo Municipal Code, entitled "Suhdivision" - 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 b.. the City Engineer are.hereby referred to for,further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is widcrstood 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: 7t1� day of $e�temhpr , 19. 79 Approved as to form • n. Af City Attorney St 18th day of September 1979 Engineer - 4 - ,- President . ivider s1LYNN R. COOPER Mayor Lynn R. Cooper Attest:s/J.H. FITZPATRICK City Clerk J.H. Fitzpatrick I 1 E 7 V •. � ro _ � � , 1' V k i V • — :j t•...W�iY1j) -- I\i � J�'�nJe � T• N \\ Y \\ Q - -1 — I I I N I N l m I 1 1 - -r 7r iA•1�[ .—.. 9tti .—_.la:: i.. -- -a,1.•i ,Y LL•:1'a.* -� '_"___..._._ r —v uss•.r::'t �i^ N Q��"c. �. r row •¢, M r u. 7''� N A „ I..• .I I o � Q •, ra ,� Zt it .l Vi d a • e. a�i ' d a a ,. • J O N J� J� r„ e R ♦♦ IT �� e �• ty rary. e�'r iRe y r � .nay rf .- I I i ' I I l II a i I . Qb� I U ! I • J I I r 1 I 1 r I 1 I I _1_ I �Y a�s�Zyr- 2 � z gib•. r• 3�•�N m rn R a (/1 v �q - -r 7r iA•1�[ .—.. 9tti .—_.la:: i.. -- -a,1.•i ,Y LL•:1'a.* -� '_"___..._._ r —v uss•.r::'t �i^ N Q��"c. �. r row •¢, M r u. 7''� N A „ I..• .I I o � Q •, ra ,� Zt it .l Vi d a • e. a�i ' d a a ,. • J O N J� J� r„ e R ♦♦ IT �� e �• ty rary. e�'r iRe y r � .nay rf .- I I i ' I I l II a i I . Qb� I ti C�n �41 Q C 44� a 3C kl sr Z ��ly2aT` si58,�5� Q ° ku.Z •gin° ay 2 c� z m m m z I "�•`••� _ ems\ m I r- 0 I Cry 0 Cn U( ID r nt 0 D a V4 A D G) KH �o :a00 �Yo 0 s ° + °ibflIN eg� @:IO Baal . 3� .:o j 9� a s� R=1 Yg M ��_�:. • yr! /l i u I i u I\ A b • !t r � ✓ J i I� I� 1 1� I � u A aq �flg 'r 3 1 I� I� 1 1� I � u A �F;N" C � I� I� 1 1� I 1 • � R f Ep �� °js�►f�v fD DEPOSIT AGREEMENT. G, °i�ory o G ob; FOR IMPROVEMENTS Val.Vista Estates, Incorporated, a Corporation has undertaken the development of real property in the City of San Luis Obispo (hereinafter called "City ") designated as Tract 718, whereby the developer is obligated to complete to the satisfaction of City all improvement work (described in a subdivision improvement agreement approved by the San Luis Obispo City Council on September_18, 1979_ ) required in Tract 718, and is required to provide security (1) in the amount of 100 percent of the estimated total cost'of the improvements that the improvements shall be constructed and (2) in the amount of 50 percent of the estimated total cost of improvements that the contractor,.subcontractors and persons furnishing labor, materials or equipment to them for the improvements shall be paid; both forms of security as more particularly described in California Government Code Sections 66499- 66499.3. Upon recordation of the Deed of Trust securing the loan for the development of said tract; Santa Barbara Savings and Loan Association pledges that it will set aside in a Loan -In- Process Account the total amount of $253,300.00 to secure construction of improvements and payment of laborers and material men, as descri d above: In the event of failure of developer to complete improvements for the satisfaction of1City, Santa.Barbara Savings and.Loan guarantees payment to City on demand up to $172,200.00 for completion of.improvement construction. In the'event of:failure of developer to pay contractors, subcontractors, and material men, as more particularly described above, Santa Barbara Savings and Loan Association guarantees payment to City on demand up to $81,100.00 L o i�y It, In tarn -�.y Of cz.--ddl on er-ocsit i. 0 - ,N-.. ... 1,- 1-1. . -;_. OLI of -Ill. ile �--'.�d --fL'cr be r,21-iirfied to cc-velo-ppr. F°ccil'-ed this 18th day of September 19 79 CITY OF SAN LUIS.OBISPO BY: s/.LYNN R. COOPER MAYOR LYNN —K. COOPER ATTEST: By: s/J.H. FITZPATRICK J.H. FITZPATRICK, CITY CLERK – 2 – T C. By: A. Ties Praddent By: Dean Willi6rts-;'Astt.%Secrefwv