HomeMy WebLinkAboutR-3954 Approval of Final Map of Tract 634 - 265, 275 South St and 320,330, 350 Woodbridge StEl
RESOLTUION NO.3954 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 634, SOUTH
STREET JUNCTION (LOCATED AT 265 AND 275 SOUTH STREET
AND 320, 330 AND 350 WOODBRIDGE STREET).
,del .4K7� /'-
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 No. 634 in Resolutions No. 3277 (1977 Series) and No. 3563 (1978 Series).
SECTION 2. Construction security agreement in the amount of $85,000
and a check for $1,000 for final monumentation is on file with the Clerk of
the City of San Luis Obispo.
SECTION 3. This Council now hereby approves the final map of Tract No. 634
located at.265 and 275 South Street and 302, 330 and 350.Woodbridge Street
subject to the conditions in the subdivision agreement attached hereto marked
Exhibit "A" and hereby incorporated herein, and authorizes the Mayor to sign
the tract map and to execute said subdivision agreement in behalf of the City.
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 this
of September , 1979.
R. COOPER
ATTEST:
CIT RRdJ.H. FITZPATRICK
18th day
R 3954
Resolution No. 3954 (1979 Series)
G�a;Zil�i��
City Administrative icer_
AA41,-��L
City Attorney
City ngineer
i
"EXHIBIT A"
AGREEMENT
THIS AGREEMENT, dated this 18th day of September , 19 79 , by and
between John Kuden 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. 634.
. South Street Junction -
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. ,
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:
I. CURBS, GUTTERS and SIDE{VAUS
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.
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 08) 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 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 $5,579.60 (4.81 acres x $1160.00/
acre) for water acreage fees.
2. The developer shall install 22 trees in the street tree easement on South &
Woodbridge (8 on South Street, 14 on Woodbridge).
3. Grading permit fees in the amount of $200.00 shall be deposited with and treated
as normal subdivision inspection fees.
4. The developer shall deposit with the City a cash bond in the amount of $1,000.00
to assure the final monumentation of the subdivision. Said deposit will be re-
leased to the developer upon receipt by the City of a letter from the Engineer
indicating he has been paid for his work.
5. The developer shall pay to the City the sum of $3,.886.00 for water frontage fee
on Woodbridge Street (335 tin. ft. x 11.60 = $3,886.00).
6. The developer and City agree that the difference in cost between an 8" waterline
and a 12" waterline is $9.00 per lineal foot. The City agrees to pay the de-
veloper at the rate of $9.00 per lineal foot of 12" waterline installed in his
project on South Street. The City agrees to pay the developer within 60 days
upon completion and acceptance of.the subdivision by the City.
7. Section 7410.10 of the Municipal Code allows for the developer to be reimbursed
the cost of installing an 8" main if he submits a certified statement showing
the actual cost of such main. The city and developer agree that the developer
will not submit certified costs and agree that cost will be $11..60 per front foot
for all Tots or parcels which in the future may be served by a direct connection
to said main.
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.
-2-
The Subdivider hei,_ -y 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 $ 85,000.00 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
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.
(for grading permit
Said Subdivider shall deposit with the City the sum of $ 2,550.00 +$200A0 ,fees)
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 $ 2,750.00 the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
-3-
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:
18th day of September 1979
Approved as to form
City Attorney Sub ider
18th day of September , 1979
Ci y Engineer
- 4
s /LYN+N R. C60PER
Mayor Lynn R. Cooper
Attest: s /J.H. FITZPATRICK
City Clerk J.H. Fitzpatrick
r; ey
0
wl
t-1
!r1 1
ul i
N
�I
N
i
'IT T _
\ � I
� w �
Sri
in
at, \
LQ 1 a Lpj Z
to
LA
c
I 1
� Q
i
I /
II
�I
j I �
I11 /r Q
I
L.
I
I
I
I
lip I in
aslte• — I I
x I y
\ 1 I :74 ,►G.
4 I
I
� I
\ \l7o
LOT 5
I �
I
f -L 0
J� � a
IID +
E
c ;y NIK
75 SANTA ROSA - SAN LUIS OBISPO. CA. .93401 (805)544 - 7070'','
August 28f 1979
City of San Luis Obispo
City Ball
San Luis Obispo, California 93401
Re: Tract #634f City of San Luis. Obispo
Gentlemen:
John Kuden and Vince Fonte have undertaken the development of real
property in the City of San Luis Obispo (hereinafter referred to as
City), designated as Tract #634, whereby they are obligated to complete
to the satisfaction of said M all the improvement work, as described
in a subdivision improvement agreement approved by the San Luis Obispo
City Council, required in Tract #634, and is required to provide security
(1) in the amount of 100 per cent of the estimated total cost of the
improvements that the improvements shall be constructed and (2) in the
amount of 50 per cent of the estimated total cost of improvements that
Kuden and Fonte, as developers, contractors, 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 Section 66499 - 66499 -30
Mid -State Bank pledges that it has on. deposit the. total amount of
$127,500.00 to secure construction of improvements and payment of laborers
and material men, as described above.
In the event of failure of developer to complete improvements for the
satisfaction of said City,,Mid -State Bank guarantees payment to City on
demand up to $85,000.00 for completion of improvement construction.
in the event of failure of Kuden/Fonte to pay contractors, subcontractors,
and material men, as more particularly described abovei Mid -State Bank
guarantees to said City on demand up to $42,500,00 for payment in turn to
those who have not been paid by Kuden and Fonte.
Any of said funds remaining on deposit after final acceptance of the
improvements and after satisfaction of all contractors, etc., may be returned
to the developer.
Ac pted.and Agreed To: Mid -State Ejank
ZoKuden and Marilyn Kuden, Principals by
• - Charles E. Fruit, Assistant Manage
75 Santa Rosa St,
Vince Fontfe and Marianne Fonte, Principals San Luis Obispo, CA 93401
Title
City of San Luis Obis