HomeMy WebLinkAbout01/23/2007, C6 - FINAL MAP APPROVAL FOR TRACT 2726 - A CONDOMINIMUM SUBDIVISION WITH ONE RESIDENTIAL LOT (168 UNITS) '1
council01/23/07
aGEnba aEpmt °�N . 66,
CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter,Director of Public Works Fo���rJ
Robert Livick,.PEIPLS - Supervising Civil Engineer
SUBJECT: FINAL MAP APPROVAL FOR TRACT 2726 — A CONDOMINIMUM
SUBDIVISION WITH ONE RESIDENTIAL LOT (168 UNITS) AND TWO COMMERCIAL
LOTS LOCATED AT 1017 THROUGH 1045 SOUTHWOOD DRIVE—(TR 217-05)
CAO RECOMMENDATION
1. Adopt a resolution approving the final map for Tract 2726, located at 1017 through 1045
Southwood Drive and modifying Condition 12 of the Tentative Tract Map.
2. Authorize the Mayor to execute the subdivision agreement on behalf of the City.
DISCUSSION
As the Council may recall, the tentative map for Tract 2726 (Planning Application No. TR 217-
05) was approved on March 21, 2006 per Resolution No. 9781 (2006 Series) (Attachment 3),
which authorized the creation of one residential lot with 168 apartments being converted to
condominium units. The resolution necessary to facilitate the final map approval for Tract 2533
is Attachment 1. A vicinity map showing the location subdivision is Attachment 2.
California Government Code [Subdivision Map Act (§66452.6)] states that "an approved
tentative map shall expire 24 months after its approval, or after any additional period of time as
may be prescribed by local ordinance, not to exceed an additional 12 months." The City Engineer
received the map as filed prior to the statutory expiration date.
Public and private improvements plans have been approved by the Community Development
Department — Building Division under a Building Permit and were reviewed by Public Works
and Utilities and are currently under construction. These improvements for the most part are
private facilities that include parking lot reconstruction, repair of frontage improvements
improved site lighting, landscaping, pedestrian path and private storm drain upgrades.
The above referenced Tentative Tract Map approval resolution adopted by City Council contains
a condition (condition 12) that requires the developer to construct carports for some of the units
prior to the recordation of the map. Due to the location of underground utilities within the
parking areas that can accommodate parking structures, it has been determined that construction
of any new structures such as carports will not be possible. Therefore the Public Works Director
and Community Development Director have recommended that the condition to require the
carports be modified to allow the applicant to provide for other compensatory project amenities
as allowed by the City's Condominium Conversion Regulations. The applicant has proposed to
install photovoltaic panels as a power supplement for the common area and convert light fixtures
Council Agenda Report- Final....p Approval-Tract 2726 - Page 2
throughout the complex to energy saving fixtures. The proposed energy savings installations
shall be equivalent in cost to the carports and are consistent with the intent of the Municipal
Code. Therefore, staff recommends that Condition 12 of the tract map be modified to allow the
installation of these alternative amenities.
The subdivider has submitted letters of credit to guarantee installation of the required subdivision
improvements and has paid the required fees, as prescribed in the attached subdivision agreement
(Attachment 4, Exhibit A), to allow recordation of the final map. The final map has been found to
be in substantial conformance with the approved tentative map and all conditions related to the map
have been met and/or guaranteed with appropriate sureties. Therefore, staff recommends approval
of the final map and subdivision agreement.
Covenants, Conditions and Restrictions (CC&R's) have been approved by the Community
Development Director and City Attorney and will be recorded concurrently with the final map.
Section 66474.1 of the Subdivision Map Act states that "A Legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
previously approved tentative map. This tract has met all City regulations and no further
discretionary approvals are required.
CONCURRENCES
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action.
FISCAL IMPACT
None to the City. All water and sewer mains, fire hydrants and street improvements will be
maintained by the property owners.
ATTACHMENTS
1. Draft Resolution
2. Vicinity Map
3. Resolution No. 9781 (2006 Series)
4. Subdivision Agreement
g:\staff-reporLs-ageridas-rrinutes\-car\2007\devrev\tract 2726\car-final map approval for tract 2726.doc
Attachment 1
RESOLUTION NO. (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2726
WHEREAS, the City Council made certain findings concerning tentative Tract 2726, as
prescribed in Resolution No. 9781 (2006 Series), and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of$2,850,000
(Faithful Performance) and $1,425,000 (Labor & Materials) in letters of credit to guarantee
installation of the required subdivision improvements shown on the approved building plans, and all
fees have been received, as prescribed in the attached subdivision agreement, marked"Exhibit A",
and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS,the subdivider is amenable to Condition 12 of said Resolution No. 9781 (2006
Series) being modified to read: "The subdivider shall install photovoltaic panels as a power
supplement for the common area and convert light fixtures throughout the complex to energy
saving fixtures to the satisfaction of the Community Development Director", and
WHEREAS, all other conditions required per said Resolution No. 9781 (2006 Series) have
been met or will be met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED that: 1) Condition 12 of said Resolution No.
9781 (2006 Series) is hereby modified to read: "The subdivider shall install photovoltaic panels as
a power supplement for the common area and convert light fixtures throughout the complex to
energy saving fixtures to the satisfaction of the Community Development Director", and 2) the
final map for Tract No. 2726 is found to be in substantial compliance with the vesting tentative map
and final map approval is hereby granted.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (2007 Sens)
Page 2
Attachment 1
The foregoing resolution was passed and adopted this day of 2007.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
v
City Attorney
I:\—CAR RcpxtA2006\DevRcv\Tract 27261Final Map RCSOIOLiOn for Tract 2 726
Attachment 2
TRACT 2726
A 168 Unit Condominium Subdivision
VICINITY MAP
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TRACT
2726
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ATACHMENT 3
RESOLUTION NO. 9781 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF
SAN LUIS OBISPO APPROVING A TENTATIVE
TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION FOR 168
APARTMENTS AT 1017 THROUGH 1045 SOUTHWOOD DRIVE
APPLICATION NO.TR 217-05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on February 8, 2006, and recommended approval of Application No. TR 217-05 to
the City Council, a request to approve a Tentative Tract Map to finalize the Condominium
Conversion for 168 apartments known as Parkwood Village at 1017 Through 1045 Southwood
Drive;and
WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 21,
2006, and recommended approval of Application No. TR 217-05, a request to approve a
Tentative Tract Map to finalize a Condominium Conversion for 168 apartments known as
Parkwood Village; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review(CEQA); and
WHEREAS, the City Council has duly considered all evidence,.including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission,presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed condominium conversion consisting of 168 apartment units is consistent
with the General Plan because changing the apartments to condominiums will not impact
available affordable housing since the conversion will provide deed restricted affordable
units consistent with the City's Inclusionary Housing Ordinance. The number of existing
units administered by the Housing Authority for section 8 families would not be reduced.
2. As conditioned, the tentative map complies with the property improvement standards for
Condominium Conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
4. Based on a staff review of the application materials, a visit to the site and.a review of
R 9781
Resolution No. 9781 (2006 Series)
Page 2
City records, the,property is in substantial compliance with the Zoning Code in terms of
allowed use, density, parking, yard areas, building height, and all other applicable
property development standards.
5. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant pursuant to Section
66452.9 of the Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. Each of the tenants of the proposed conversion has been (or will be) given notice of an
exclusive right to contract for the purchase of his or her unit upon the same terms and
conditions that such unit will be initially offered to the general public or terms more
favorable to the tenant.
9. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
Section 2. Approval Subject to Conditions. The City Council does hereby approve
Application No. TR 217-05, a request to approve a Tentative Tract Map to convert 168
apartment units at 1017 through 1043 Southwood Drive to individual ownership condominiums
in accordance with Municipal Code 17.82,subject to the following conditions:
1. If not already installed and operational,each unit shall be supplied with individual meters
for gas, water and electrical service. Location and type of metering shall be subject to
review and approval of the City Community Development Department and the Utilities
Department.
2. A property condition report shall besubmitted to the City prior to recordation of the final
map. Any building defects noted in the property condition report submitted to the City
shall be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be
limited to): private, open space yards, bicycle storage lockers, retrofitting units with
additional energy compliance requirements such as increased insulation or insulated
windows, restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
4. Conditions, Covenants and Restrictions (C.C. & R's) are required, to the approval of the
Community Development Director and the Public Works Director. The C.C. &R's shall
Resolution No. 9781 (2006 Series)
Page 2
City records, the property is in substantial compliance with the Zoning Code in terms of
allowed use, density, parking, yard areas, building height, and all other applicable
property development standards.
5. In accordance with the Condominium, conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant pursuant to Section
66452.9 of the Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. Each of the tenants of the proposed conversion has been (or will be) given notice of an
exclusive right to contract for the purchase of his or her unit upon the same terms and
conditions that such unit will be initially offered to the general public or terms more
favorable to the tenant.
9. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
Section 2. Approval Subject to Conditions. The City Council does hereby approve
Application No. TR 217-05, a request to approve a Tentative Tract Map to convert 168
apartment units at 1017 through 1043 Southwood Drive to individual ownership condominiums
in accordance with Municipal Code 17.82, subject to the following conditions:
1. If not already installed and operational,each unit shall be supplied with individual meters
for gas, water and electrical service. Location and type of metering shall be subject to
review and approval of the City Community Development Department and the Utilities
Department.
2. A property condition report shall be submitted to the City prior to recordation of the final
map. Any building defects noted in the property condition report submitted to the City
shall be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be
limited to): private, open space yards, bicycle storage lockers, retrofitting units with
additional energy compliance requirements such as increased insulation or insulated
windows, restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
4. Conditions, Covenants and Restrictions (C.C. & R's) are required, to the approval of the
Community Development Director and the Public Works Director. The C.C. & R's shall
Resolution No. 9781 (2006 Series)
Page 3
include a description and regulations pertaining to the open space easement and all
common areas. The C.C. & R's shall be submitted to the Community Development
Department for review by the City Attorney prior to recordation of the map.
5. The subdivider shall submit a final map to the city for review, approval, and recordation
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
6. Pursuant to Government Code Section 66474.9(b) (1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents, officers or employees to attack,
set aside, void or annul an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
7. Each of the tenants of the proposed conversion shall be given notice of an exclusive right
to contract for the purchase of his or her unit upon the same terms and conditions that
such unit will be initially offered to the general public or terms more favorable to the
tenant.
8. This right of first refusal shall extend at least ninety days from the date of issuance of the
subdivision public report or commencement of sales, whichever date is later. The
tenant's security deposit and last months rent shall be credited towards the purchase of
the property.
9. Each of the tenants shall be given written notification within 10 days of approval of final
map for the conversion.
10.The parking lot areas shall be reconstructed to repair damaged asphalt as necessary,prior
to recordation of the map. Patching and sealing of some areas may be appropriate,
however significantly deteriorated asphalt areas shall be removed and reconstructed
rather than patched. Planning and Public works staff will verify the extent of
reconstruction required.
11. All exterior finishes, roofing, paint and exposed wood materials shall be repaired or
refinished as necessary in order to bring the buildings up to an above average condition.
This may require removal and replacement of asphalt composition roofing if deemed
necessary by an inspection report by a qualified home inspector.
12. Carports and storage areas shall be constructed prior to recordation of the final map.The
design of these structures is subject to architectural review.
13.Private open space yards shall be constructed as proposed at time of condominium
conversion approval. Private open space yards, including new fencing and any other
necessary landscape improvements, shall be completed prior to recordation of a final
map. These features are subject to architectural review.
Resolution No. 9781 (2006 Series)
Page 4
14. Prior to (or in conjunction with)recordation of the finalmap,a minimum of 34 units shall
be deed restricted for at least 30 years as affordable to very low income families or
persons consistent with the City of San Luis Obispo Affordable Housing Standards. The
units shall be deeded to the Housing Authority consistent with the following procedures:
A. CONVEYANCE OF DONATED UNITS. Applicant-shall convey to the Housing
Authority title to the Donated Units, free and clear of all liens and claims securing
monetary obligations(other than the lien for taxes not yet due and payable)and subject to
customary closing costs and protected condominium costs, when both (a) there has been
recorded in the Official Records of San Luis Obispo County a final tract map that
subdivides the Property into condominium units,and(b)a Triggering Date has occurred.
B. RESTRICTION ON DONATED UNITS. Prior to (or in conjunction with)
recordation of the above-described final tract map,there shall be recorded with respect to
title to each of the Donated Units a deed restriction requiring that such Units be set aside,
for a period of at least thirty(30) years,as affordable units to very low income families or
persons consistent with the City of San Luis Obispo Affordable Housing Standards.
C. DEFINITIONS.For purposes of this condition,the term:
1) "Applicant" means Southwood Project; a California limited partnership, and its
successors and assigns as owner of the Property.
2) "Donated Units" means thirty-four (34) condominium units situated on the
Property,as outlined in Exhibit"A."
3) "Housing Authority" means the Housing Authority of the City of San Luis
Obispo,California.
4) "Property" means the real property and improvements located at 1017-1045
Southwood Drive, San Luis Obispo, California.
5) "Triggering Date" means the date that is thirty(30)days after the date on which
Applicant,its successors,and assigns sells the first condominium unit at the Property to a
bona fade purchaser unrelated to Applicant or any partner or shareholder of Applicant.
The existing regulatory agreement is currently in force and effect.
D. EXTINGUISHMENT OF REGULATORY AGREEMENT.At the recordation of
the deeds conveying to the Housing Authority title to the Donated Units, the regulatory
agreement will be extinguished and have no effect on the Property or the owner thereof
with respect to any subsequent period
On motion of Vice Mayor Settle seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: Council Member Mulholland
Resolution No. 9781 (2006 Series)
Page 4
14. Prior to (or in conjunction with)recordation of the final map, a minimum of 34 units shall
be deed restricted for at least 30 years as affordable to very low income families or
persons consistent with the City of San Luis Obispo Affordable Housing Standards. The
units shall be deeded to the Housing Authority consistent with the following procedures:
A. CONVEYANCE OF DONATED UNITS. Applicant shall convey to the Housing
Authority title to the Donated Units, free and clear of all liens and claims securing
monetary obligations(other than the lien for taxes not yet due and payable) and subject to
customary closing costs and protected condominium costs, when both (a) there has been
recorded in the Official Records of San Luis Obispo County a final tract map that
subdivides the Property into condominium units,and(b)a Triggering Date has occurred.
B. RESTRICTION ON DONATED UNITS. Prior to (or in conjunction with)
recordation of the above-described final tract map, there shall be recorded with respect to
title to each of the Donated Units a deed restriction requiring that such Units be set aside,
for a period of at least thirty(30) years, as affordable units to very low income families or
persons consistent with the City of San Luis Obispo Affordable Housing Standards.
C. DEFINITIONS.For purposes of this condition,the term:
1) "Applicant" means Southwood Project; a California limited partnership, and its
successors and assigns as owner of the Property.
2) 'Donated Units" means thirty-four (34) condominium units situated on the
Property, as outlined in Exhibit "A."
3) "Housing`Authority' means the Housing Authority of the City of San Luis
Obispo, California.
4) "Property" means the real property and improvements located at 1017-1045
Southwood Drive, San Luis Obispo, California
5) "Triggering Date" means the date that is thirty(30)days after the date on which
Applicant,its successors, and assigns sells the first condominium unit at the Property to a
bona fide purchaser unrelated to Applicant or any partner or shareholder of Applicant.
The existing regulatory agreement is currently in force and effect.
D. EXTINGUISHMENT OF REGULATORY AGREEMENT. At the recordation of
the deeds conveying to the Housing Authority title to the Donated Units, the regulatory
agreement will be extinguished and have no effect on the Property or the owner thereof
with respect to any subsequent period.
-0n motion of Vice Mayor Settle seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: Council Member Mulholland
676 - 9-Z
Resolution No.978.1 (2006 Series)
Page 5
The foregoing resolution was passed and adopted this 21st day of March 2006.
Mayor David F. Romero
ATTEST:
drey Hooper
City Cleric
APPROVED AS TO FORM:
Iqlat ..Lowell
City Attorney
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_by and
between Parkwood Condominium Inc., a California Corporation, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2726, City of San Luis Obispo,
California, as approved by the City Council on the day of , 200_
The Subdivider desires that said Tract No. 2726 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the public and
private improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following public and private subdivision improvements in accordance with
said subdivision 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. REPAIR OF PUBLIC CURB, GUTTERS AND SIDEWALKS
2. PARKING LOT RECONSTRUCTION AND SURFACING
3. DRAINAGE STRUCTURES
4. ANY&ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
i
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file with the Chief Building Official and approved under direction of the
City Engineer.
The lines and grades for all of said improvements shall be established 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 three (3)months of said recording date, unless an extension has
been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, 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.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees or provided
bonds as indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
i
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement: Said instrument of credit or bond is in the amount of$ 751,408 which is the
amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the in either the public or private improvements arising from faulty workmanship
or materials or defective construction of said improvements occurring within twelve (12)
months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of
the Government 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 improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor 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, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted.by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or City may complete said
C. — ��
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50%of the above described subdivision improvements ($375,704) in
accordance with State law.
Said Subdivider has paid an inspection fee of$1,389.20 for City to inspect the
installation of said public subdivision improvements, and to verify that they have been
completed in accordance with the plans and specifications.
Title 16 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 Subdivider and the City 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 fumish 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:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Pat S , Owner
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
ClA NEY Jonathan P. Lowell
State of l ,,i l(RrU 01.
Countyof �Ar h LU S C)
Ontit)l OX 5,r)-004 before me, A • Tti 45 ,Notary
ar
Public , person Ily appeed ea,+-Sm i`i"l� personally known to
me( e)to be the person (4)whose
name(s�is/au subscribed to the within instrument and acknowledged to me that
he/skk6/t4ey executed the same in his/het/theft authorized capacity(io, and that by
his/hef/thOr signatures) on the instrument the person(jr), or the entity upon behalf of
which the person(4 acted, executed the instrument.
WITNESS my hand and official seal.
NME a PEM
Commiubn#1!02315
f C�
PC
NOAary PubUe-CaAlomia
U .San Uds Obhpo Courtly '
My Comm•Fxplres FeD 25;200
EXHIBIT .1
TRACT 2726
SUBDIVISION AGREEMENT
Install photovoltaic panels as a power supplement for the common area and convert
light fixtures throughout the complex to energy saving fixtures. The proposed.energy
savings installations will be equivalent in cost to the carports and are consistent with the
intent of the Municipal Code.
EXIIIBIT 2
TRACT 2726 -FEE AND BOND LIST
Amount - - Form__ _-.. _ Date Received _
Bonds and Guarantees.
Total Faithful Performance $1;267,112 L_etter of Credit 12/15/2006
Labor&Materials(50%of total cost of
improvements)
Monument Guarantee $0-1- Letter of Credit Monumentation is Complete
Fees.
Map Check Fee $15,256 Check- 5/1/2006
Plan Check Fee $00,000 Check No Public Improvements
Total Inspection Fee $1,389.20 Check 1/5/2007
Under Encroachment Permits