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HomeMy WebLinkAboutR-3952 Granting Approval of Final Map of Tract 798, 501 South StreetRESOLUTION NO. 3952 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 798, LOCATED AT 501 SOUTH STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council made certain findings regarding Tract 798 as contained in Resolution No. 3827 (1979 Series). SECTION 2. Whereas a bond in the amount of $90,000 is on file with the City -of San Luis Obispo to guarantee completion of subdivision improvements. SECTION 3. This Council now grants approval of the Final Map of Tract 798 and authorizes the Mayor to sign the agreement. On motion of Vice= Mayor. Dunin and on the following roll call vote: , seconded by Councilwoman Billig , AYES: Councilmembers Dunin, Billig, and Jorgensen NOES: None ABSENT: Councilman Bond and Mayor Cooper the foregoing Resolution was passed and adopted this 4th day of September 1979. ATTEST: . y Clerk J.H. Fitzpatrick Mayor Pro- m Ronald Dunin R 3952 Resolution No. 3952 (1979 Series) APPROVED: City Admi strative Officer City Attorney :L— � Wayne d Peterson, City Engineer _ h ti ti h i s nOUC ol 71Q i I h� Ob V Q a ti ai v (V n vas � Al a � P ° V AGREEMENT r THIS AGREEMENT, dated this 4th day of .September ,`1979 by and between Gann Investments herein referred . to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City" N ITNESSETFI: 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. 798 "The Village" located at 501 South Street City of San Luis Obispo, California ", as approved by the City Council, on the 4th day of September ,1979 WHEREAS, the. Subdivider desires that said Subdivision Map of said Tract No. 798 , 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. . I 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 SEINER 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 Line and grades'for.all of said improvements shall he cst.ablshed by the S Ubd ivider in acco rd nice with said apnro �-cd plar,s and specifications. The Subdivider agrees that the work of installing the rbove 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 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. .(SEE ATTACHMENT) 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- t. II ;uldlvldi•r IIc It- V :ILlnrlioy he rer.u, and ;1 .4 rin II i- :iI parC lit, rooI', nnO n security for the performance o.f.this agrccment, (instrument of. credit /bond) approved by and in favor of the City of San Luis t)hispo, and conditional upon the faithful per-F,>rm:tnce of this agr'ecment., which said (:instrument_ of credit /bond) is in the, amount of $ 90,000.00 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 i,;ill "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 $ 5,700.00 , 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 permit fee) sum of inspection fees & grading inspection fees exceed the sum of $ 5,90 5.Olibeing the A, the difference is to be paid by the 9H XV(XXXXXXXXXX99U X. The City reserves the sole discretion in determining Su divider. the amounts to be paid for salary and expenses of said inspector or ins;iectors. 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 F 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: 4th day of September 19 79 Approved as to form r City Attorney 4th day of September 19 79_ GA\\NN INVESTMENTS , INC. Subdivider V` Mayor ProLTem Ronald Dun—in Attest : S/. R FITZPATRICK City Engineer City Clerk J.H. Fitzpatrick - 4 - W CONDITIONS 1. A registered Civil Engineer shall certify that the structures are located properly prior to release of structures for occupancy. 2. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be clustered and be located at driveway frontage of units, be unobstructed, and be to the approval of the Public Services Dept. 3. Sewer and water mains.shall be public and built to City standards. 4.m Subdivider shall pay water acreage fees in the amount of $563.76 for E1 Rey Ct. as shown on the map of Tract 736 (the right -of -way being abandoned by this subdivision). 5. All private driveways shall be built to standards approved by the City Engineer. 6.' Subdivider shall install traffic control devices /signs on -site to the approval of the City Engineer. 7. Subdivision is granted full credit for park land dedication requirements. 8.. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the general plan noise element. 9. Subdivider shall install street trees along both street frontages consistent with the South Street Specific Plan, Tract 736 Improvement Plan and to the approval of the Public Services Department. 10. Subdivider shall install landscaping and underground irrigation in the South Street Parkway as approved by the City Council for Tracts 687 and 736. 11. Subdivider shall install 6' high masonry wall along South Street frontage and 8' high masonry wall on tract boundary with Meadow Park as approved by the City Council for Tracts 687 and 736. 12. All on -site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 13. Subdivider shall pay grading permit fee in the amount of $205.00. Said fee shall be deposited with and treated as normal subdivision fees. 14. Bonds for Tract 736 shall remain in force in the minimum amounts of $100,000 to guarantee installation of improvements and $50,000 for labor and materials. Said bonds shall be limited to those improvements for Tract 736, northerly of the drainage channel as shown on the approved improvement plans for Tract 736. Alternative guarantees may be provided by the subdivider at the option of the subdivider, at the option of the subdivider, subject to the approval of the City.