HomeMy WebLinkAbout03/18/2008, C6 - RESCIND AGREEMENTS RELATED TO TRACT 2134 AND RELEASE SECURITIES, 953 ORCUTT ROAD (TR 220-92) council "'°tigD° 03/18/08
j acEnaa Repoln It.N..6
CITY OF SAN LUIS O B I S P O
FROM: Jay D. Walter,PE- Director of Public Works
Prepared by: Diane Dostalek
SUBJECT: RESCIND AGREEMENTS RELATED TO TRACT 2134 AND RELEASE
SECURITIES, 953 ORCUTT ROAD (TR 220-92)
CAO RECOMMENDATION
Adopt a resolution:
1. Rescinding the Subdivision Agreement, Open Space Easement Agreement, and Notice of
Requirements for Tract 2134 located at 953 Orcutt Road, and
2. Releasing the securities guaranteeing completion of Tract 2134, and
3. Refunding unspent fees collected with Tract 2134.
BACKGROUND
A vesting tentative map for Tract 2134 (see Attachment 1 for vicinity map) was approved by City
Council on August 31, 1993, for a multiple phase office/industrial subdivision called Parkside
Research Center at 953 Orcutt Road. A final map for the first phase of the subdivision was
approved by City Council on March 21, 2000, by Resolution No. 9026 (2000 Series). The final
map (see Attachment 2), along with required easements and agreements, were recorded on March
28, 2000. Public improvement plans for the construction of Sacramento Drive and Orcutt Road
frontage improvements were approved by the Public Works Department. The fees and securities
associated with Tract 2134 were collected (see Attachment 3).
Construction never began on any of the Tract 2134 improvements. The developer, Ground Zero
LLC (Robert K. Schiebelhut), determined that the subdivision was unmarketable and a general
plan amendment to redesignate the property from services and manufacturing to high-density
residential and community commercial was initiated (GPA 114-02). The general plan
amendment was approved by City Council on December 6, 2005, by Resolution No. 9753 (2005
Series).
A final map for Tract 2707 Laurel Creek (formerly known as Tumbling Waters) was approved by
City Council on September 18, 2007, by Resolution No. 9928 (2007 Series). This map
resubdivided the Tract 2134 property into a 23 lot subdivision for the purpose of creating 178
residential condominium units. The final map (see Attachment 4), along with required
easements and agreements, was recorded on December 7, 2007. Public improvement plans for
the construction of Sacramento Drive at a revised alignment and Orcutt Road frontage
improvements were approved by the Public Works Department. The fees and securities
associated with Tract 2707 were collected (see Attachment 5).
Council Agenda Report-Final Map Approval -Tract 2865 Page 2
DISCUSSION
The Laurel Creek Tract 2707 subdivision has superseded Pacific Research Center Tract 2134,
therefore any agreements and resolutions that were applicable to Tract 2134 no longer apply.
Certain easements dedicated with Tract 2134 were also superseded.
Easements for the old alignment of Sacramento Drive, access control, open space, landscape,
building setback, public utilities, and street trees that were dedicated with Tract 2134 were
abandoned on the Tract 2707 final map and new easements were dedicated. The open space
easement for Tract 2134 that was abandoned consisted of 48,825 square feet. The new easement
dedicated With Tract 2707 replaces the old easement and includes additional open space area.
The new open space easement consists of 140,522 square feet, Which is a substantial increase
over the old open space area.
There was an Open Space Easement Agreement (see Attachment 6) recorded concurrently with
the Tract 2134 final map. This Open Space Easement Agreement is no longer applicable due to
the revised easement boundaries. Therefore, the Open Space Easement Agreement needs to be
nullified. A new easement agreement will be prepared for Tract 2707 to address use restrictions
in the easement area. The Public Works Department, Community Development Department, and
Natural Resources Manager are Working with the Tract 2707 developer, Watt Communities, to
develop a new agreement.
There was a Notice of Requirements (see Attachment 7) recorded concurrently with the Tract
2134 final map. This Notice of Requirements required the buyers of lots within Tract 2134 to
carry out certain requirements that could not be secured by developer bonds. Since these
requirements were specific to Tract 2134, the Notice of Requirements no longer applies and
needs to be nullified. It was determined that a new Notice of Requirements for Tract 2707 is not
needed because the requirements were addressed on the public improvement.plans and building
plans and are guaranteed by developer bonds submitted with Tract 2707.
A Subdivision Agreement (see Attachment 8) was approved with the Tract 2134 final map, but
was not recorded. Since Tract 2134 is no longer being developed and has been replaced with
Tract 2707, the Subdivision Agreement for Tract 2134 needs to be nullified and the remaining
bonds and guarantees being held by the City need to be released (see Attachment 3).
There were also certain fees that were collected as a requirement of Tract 2134 (see
Attachment 3). Since the map was recorded and the public improvement plans approved, the
map check fee and plan check fee were expended by the City and there is no money remaining
for reimbursement. However, the City never expended any money on construction inspection
since construction of the improvements never commenced. Therefore, the inspection fee of
$35,332 needs to be refunded to the developer.
A pavement overlay fee of$14,310 was collected for costs that would be incurred by the City to
eliminate the tapers on Orcutt Road once the frontage improvements are extended across the
Council Agenda Report- Final Map Approval-Tract 2865 page 3
A pavement overlay fee of$14,310 was collected for costs that would be incurred by the City to
eliminate the tapers on Orcutt Road once the frontage improvements are extended across the
railroad tracks. Since the City's project to widen Orcutt Road across the railroad tracks will
coincide with the frontage improvements being constructed with Tract 2707, and since an overlay
fee was not a condition of Tract 2707, then the overlay fee needs to be refunded to the developer.
There was a sewer lift station fee of$4,143.83 that was collected as a requirement of Tract 2134.
The developer requested a refund of this fee. However, the Director of Utilities rejected the
request in a letter dated February 19, 2008, (see Attachment 9). The Director indicated that this
fee has essentially been expended because that is how much it cost the City to reserve capacity in
the old Tank Farm and Rockview Lift Station system for Tract 2134.
The City received a letter dated February 15, 2008, from the Tract 2134 developer Ground Zero,
LLC (see Attachment 10). The developer requests that the fees to be refunded by the City be sent
to Orcutt Associates, LLC instead of Ground Zero, LLC. Orcutt Associates, LLC is involved
with the development of Tract 2707.
CONCURRENCES
The Finance Director concurs with the recommended action.
FISCAL IMPACT
Staff recommends that the amount to be reimbursed be appropriated $49,642 from the
unappropriated General Fund Reserve that has been previously collected from the developer and
then deposited into the General Fund in a prior year. Because the Development Fee program is
not an enterprise fund the General Fund is used as the bank account where prior deposits are
placed for eventual program and use by the Council. The development fees previously collected
for the project were deposited into the General Fund, have not been spent, and are no longer
needed for the project. There are sufficient funds in the General Fund reserve to fund this
allocation recommendation.
ATTACHMENTS
1. Vicinity Map
2. Tract 2134 final map
3. Tract 2134 fee and bond list
4. Tract 2707 final map
5. Tract 2707 fee and bond list
6. Tract 2134 Open Space Easement Agreement
7. Tract 2134 Notice of Requirements
8. Tract 2134 Subdivision Agreement
9. Letter from Utilities Director regarding sewer lift station fees
10. Letter from Tract 2134 developer requesting redirection of fees to another developer
11. Draft Resolution
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EXHIBIT 2
TRACT 2134 Unit 1
Orcutt/Sacramento
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $560, 000 Bond #
Labor & Materials . $280, 000 Bond #
(50% of total cost of improvements) Li�f
Monument Guaranteer c({e 1
$3, 500 CD # 1535866151 02/14/2000 91Z'7lQ6
H.B.
Erosion Contingency $7, 500 (Need plan) 3 067-0400 nodko 4
Fees:
Map Check Fee $929 8/07/98
H.B.
Plan check Fee $5, 391 8/07/98
H.B.
Inspection Fee $35, 332 3/owl Zoo/
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Sewer Lift Station Fee
(Tank Farm) $4, 143 . 83
($131 .55 X 3 X 10 . 5 Acres)
Pavement overlay fee $ 9e,90 3/Oj/;Zo0a
Water and Sewer & Traffic Impact and/or Mitigation Fees
(Due in conjunction with Building Permits)
Credit for Mitigation Fees to be applied to Unit 1 only.
T2134 Subdivision Agreemen
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EXHIBIT 2
TRACT 2707 -FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Faithful Performance
Tract 2707 See Exhibit 3
Bond 1 $1,285,740.00 Bond 9/18/07
Bond 2 $1,603,186.80 Bond 9/18/07
Bond 3 $457,213.20 Bond 9/18/07
Faithful Performance $279,721.41 Bond 9/18/07
Creekston frontage M07-009
Labor&Materials
Tract 2707(50%of total cost of improve nts)(See Exhibit 3
Bond 1 $759,450.00 Bond 9/18/07
Bond 2 $963,660.00 Bond 9/18/07
Bond 3 $271,800.00 Bond 9/18/07
Labor&Materials $139,860.71 Bond 9/18/07
Creekston frontage M07-009
Security to guarantee completion of the $4,000 Bond 9/18/07
design of the ped bridge connecting Tract
2707 with the Creekston project
Monument Guarantee $4,000 Bond 9/18/07
Fees:
-Map Check Fee $4,614 Check 4/25/07
Plan Check Fee $63,620 Check 4/25/07
Tumbling Waters frontage,Tract 2707
Plan Check Fee $5,764 Check#440 9/18/07
Creekston frontage,M07-009
Improvement Plan Inspection $432,373 Check 4/25/07
Tumbling Waters frontage,Tract 2707
Improvement Plan Inspection $39,558 Check#440 9/18/07
Creekston frontage,M07-009
Park In-Lieu Fee $703,812 Check#409 9/18/07
Proportionate share of Broad/South $133,000 Check#409 9/18/07
intersection improvements per EIR
mitigation measures TR/MM-1 and
TR/MM-26
In-lieu fee for Orcutt Road improvements $1,250,000 Deferred with 10/2/07 Council Meeting
to Laurel Lane per EIR mitigation Reimbursement
measures TR/MM-4 and TR/MM-6 Agreement
Affordable Housing Requirements NA
nt 6
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RECORDING REQUESTED BY4D floc NO: 2000-016010 Rpt No: 00021611
WHEN RECORDED RETCIRNTO: utficia1 iternrds. 1nF -1 0.00
Clty of San Luis Obispo San Luis Obi-,P0 CO.
City Clerk's Office Jul i e L. Hodewa l d ;
990 Palm Street Recorder ;
Mar ?H, 2000 ;
San Luis Obispo,CA 93401.3249 Time: 08:00
i41 :TOTAL 0.00
® OPEN SPACE EASEMENT AGREEMENT
This indenture,made and entered into this_day of _ 2000,by and
between GROUND ZERO, I,LC, hereinafter called"Owner% and the CITY OF SAN LUIS
OBISPO,a municipal corporation of ilia State of California,hereinafter cailod"City".
WITNESSETH
WHEREAS,Owner possesses certain property situated wlthm the city of San Luis Obispo,
desurihed as Lots I and 2,Tract 2134(Unit 1),commonly known as 953 Orcutt Road (Assessors
I' Parol i4umbcr Q53-061.039&0401.
WHEREAS,the subject property has certain natural scenic beauty and existing operwcss,
r
as well as public value;and
WHEREAS,an offer of dedication for an open space easeruent was required as a condition
oftho City's approval ofthe tet tative map for Tract 2134 and Planned Development No.220-92;mid
WHEREAS,both Owner and City desire to preserve,conserve,mid enhance for the public
benefit and the natural scenic beauty and oxisting openness,natural condition and prosertt state of
t use of the subject property;and
WHEREAS,the Owner hus offered to dedicate the subject casomcltt to preserve[he site's
scenic beauty and existing openness by restricting Owner's use ofand activities on subject property
through the imposition of a perpetual open space osscment with conditions kTcinutlor expressed;
Wild
WHEREAS,ilia Owner is willing to grunt suid cusom:at on the subject property,as putt of
u developmoll approval.
NOW TIIERFIIORI ill consideration of the Subject property and in complianco with
! C'hapter 6.6 at'Purl I of i)ivision 1 of Title S of the(iovenonent('otic of the Stuic of Culifornia
commencing with Section 51070,mid in furtherconsiderution oflho mutual promises,covenants rand
the co6ditions herein contained mid of ilia substantial public benefits to be derived Iltwel'rom,the
parties ugreu as t'ollowa:
1
exit 6
1. Owner hereby grunts to City, an open space casement and building setback line over the
subject Lots 1 & 2,as shown on the final map for Truct 2134 (Unit 1). Said grant of
easement conveys to City,anestato and interest in the subject property.The nature,character
and the extent of the open spaca casement is as described below, and results from the
restrictions hereby imposed upon the use of the subjeet property by Owner.To that end,and
for the purpose of accomplishing the intent of the parties hereto,Owner covenants on behalf
of itself,its heirs,successors and assigns,with the City,its heirs,successors and assigns,to
do and refrain from doing severally and collectively upon the subject property,the various
an herchudlor mentioned.
2. The restrictions hereby imposed upon the use of the open space portion of tho subject
property by Owner and the acts which owner shall refrain from doing upon the subject
property are,and ahall be,as follows;
a. No structures will be placed or erected upon caid promises. if desired,"see•througb"
fencing appropriate to open space preservation,may be allowed if approved by the City's
Architectural Review Commission.
b. No signs,billboards,similar structures or devices,or advertising of any kind or nature
t.. shall be located on or within the subject property.
r
c.Owners shall not plant nor permit to be planted any vegetation upon the subject property,
f except as may be associated with riparian corridor restoration, erosion control, fn:
protection, soil stabilization, or as allowed and approved by the City's Community
Development Director and Natural Resources Manager.Any such vegetation shall be native
riparian.
f
d.Tho general topography of the subject property shall be preserved in its natural condition.
E
c. No extraction of surface or subsurt'acc natural resources shall bo allowed.
f.No removal of natural vegetation shall be allowed except for fire protection,elimination
of dead growth or ripariun corridor restoration as dircctcd and approved by the Community
Dcvolopmoat Director and Natural Resources Manager.
g. No use of said doscrihLd pr mixes which will or docs materially ultcr the landscape of
other attractive scenic features of said promises.
3. This cminc d shall remain in otl'cct in perpetuity.
4. 'I'his grant may not he ahandoned by the City,except pursuant to qac provisions of Section
51093 oflhe Government Codc of the Statuol'Cnlii'omiu.
Affnrhr Prit 6
a
S. This grant of open space easement,as specified in Section 51096 of the Govemment Code
of the State ofCalifemia,upon execution and acceptance in accordance with Chapter 6.6 of
Pad I of Division 1 of Title 5 of the Government Code of the State of California
commencing with Section 51010,shall be deemed to bean enforceable restriction within the
meaning of Article XIU,Section 8 of the Constitution of the State of California.
6. Land uses permitted or reserved to the owner by this grant shall be subject to the ordinances
of City mplming the use of land.
7. The City shall have the right of access to remove any drainage obstructions,as needed,to
provide for the conveyance of creek flows,subject to the review and approval of other
agencies with regulatory control over work done in the riparian corridor,including the State
Department of Firah and Game and the U.S.Army Corps of Engineers,as appropriate.
8. The terms contained herein shall be binding on the parties hereto and their heirs,successors
and assigns.
IN WITNFSS WHEREOF,the parties hereto have executed This document on the day and
year first above written.
SIGNATURES MUST BE NOTARIZED
OWNER: GROUND ZERO,LLC
u California Limited '4ty Company.
OK C IBBELLHHV
UT
Managing ember
Dula: March 13,2000
APPROVED:
Ci Ty of Sun Luis Obispo
By:
00.
Community Development Director
3
C� /S°
Affach ent 6
i
State of California }
County of San Luis Obispo}
On March 13, 2000, before me, Pamela K. King, Notary Public, personally appeared
Robert K Schlebslhut, ()personally known to me or(x)proved to me on the basis of
setid ecto y evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person
aced,executed the Instrument.
` my hand and official seal, _
,tet `„�,
M
t�hcennn JW Z _
tary Public
(X)individua(s) ( )corporation ( )partnership ( )attomey-in-fad ( ) political agency
;i State of California }
County of San Luis Obispo)
On March 14, 2000, before me, Diane R. Stuart, Notary Public, personalty appeared
Ronald Whisenand,personally known to me to be the person whose name is subscribed
to the within Instrument and acknowledged to me that he executed the same in his
rapacity,and that by his signature on the Instrument the person or the entity upon behalf
of which the person acted,executed the Instrument.
Witness my hand and official seal.
Diane R.Stuart,,Notary Public �swras s �
aiw°0Mr0usa�0Ns+troir'oo�r �
Capacity claimed.by signer(s); Political Agency - Iyoa.WrrAe�arae loan
Oper,Space Easement Agreement
END Of I)OCUMENT
ent 7
RaxrdtngRequesteaNyD DOC NO; 2000"016009 Rpt No: 00021616
CITY OP SAN LUIS OBISPO ottir.ial Rarorrlc
RF -1 13.00
Vi/ham Recorded l9cou Remurn to: tion Luis Uh i epee Co.
COMMUNITY DEVELOPMENT DEPARTMENT Julie L. Rodewald ;
City of San Luis Obispo Recorder '
990 Patin SMI Mar 28, 7000 ;
Sao Luis OWapo,CA.93401 Time: 08:00 ;
31 $TOTAL 13.00
® NOTICE OF REQUIR-EMENTS
SUBDIVISION:Tract 21134(Oak 11)'
City Fi1e11220-92
99 Orcutt Rad
APN:033061-038+04®
The(WIDwing item are required to be carried out by the buyers of lots or parcels in
the above subdivision per CotMetions of Approval anWor roue xequiremem or
Ordinance 1245(1993 SERIES)and Council Resolution 8205(1993 Series)
i
This information is recorded simultaneously with the final map and is for informational
purposes,describing conditions as of the date of filing,and is not intended to affect
record title interest pursuant to Section 66434.2(a)of tiie SUBDIVISION MAP ACT.
jk The requirements are as follows:
i 1. 2ffpjjANCB Condition 3:Fees for pro-rata shares to he paid with building permits:
Oreutt Rd SPRR crossing 563,320.00, Orcutt Rd/ Laurel Lune traffic signal etc
i $3,835.00,Broad St/Capitolio Way traftc signa157,127.00.Fees can be incrementally
paid with each phase of the development at the time of building permit issuance subject
to the approval of the City Engineer and Finance Director.(See item 17)
;j A Condklon 4&5'Mp redaction measures: plan required including piny ownems
1' association to implement plan,:
3. Condition 8 Grading and drainage plan must anodyne effects of developments on
downstream properties as well as flooding of proposed buildings. Detention may be
required as a condition of building permits.
4. Condition 9 Tite applicant shall obtain the Gencrol Construction Activity Storm
Water Penult required by the EPA and Shall comply with ail requireuenls of that
permit,its well as City grading regulations regarding enation control nmcasums.
S. Condition 10 Applicant shall expand and enhance existing riparian habitat arcus
found on the site,in accordance with a pian approved by the State Dcpannicnt of Fish
unit Ganic, the City Rngincer and the Community Devclopnment Director. (Ser
Onih mtrr 121.5 for numernt s drBtily)
6. CouBklon 11 Applicant shall comply with the htlerim Archeological Survey
Procedures pmpared by the City's Cultural heritage Cummillee prior to and during
the construction phase of the project.
(Srr Ordlntmrr 121.5 for numernas details)
7. Condition 12 Applicant shall provide sand and oil Interceptors in parking Irn
drainage systems.
Cly /�
Attachment 7
& Condition 14 Lists uses allowed in the planned development, (See Ordinance 1245
for numerous details)
9. Condition 16 Parking shall be provided at tlx:rate of one space per 400 square foot
of gross building area for each phage..
10.Condition 17 Parking shall be provided for each tenant at the rate of 90% of the
requirement stated in the zoning regulations. Parking may be further modified by
approval of an administrative use permit,upon finding that the traflsc reduction plan
for the planned development has effectively reduced the demand for parking.
11.Conditittna 21 Applicant shall recycle building materials during construction of the
project, in accordance with a plan approved by the Community Development
Director.
12.Condition 22 Applicant shall provide adequate facilities within each phase of the
project to ac commodute nreyellog. Facilities shall be designed in consultation with
local recycling agencies and to the approval of the Community Development
Director.
Ii.RE&I.AGU I PIT 1LOnun1Un a re a-rermwu u1-ino'nry11J8&A61M3 0w djgwiuwn i9
necessary for common parking amus.(If/when Implemented tvp)
It Condition 6 Subdivider shall install the required Orsett Road frontage
Improvements etc (See Ordinance 1245 for details)medkm construction army be
deferred wail City projeu can extend Orcatt Road over railroad.
15.Co"Hon 16 Street 7Wn are required to be planted per City Standards (The
number of trees ore determined by one tree required for each 35 linear feet of street
frontage)at the time of lot developments.An exception shall be for any trees required
{ as part of mitigation measures established by the Dept of Fish and Game. In no case
fE shall any free be planted in a location which may conflict with any earth fill,retaining
walls,etc...associated with a future railroad overpass.Species: as determined by the
City Arborist.
16.Condition 18 Any mewer roams outside of dedicated public right-of-way shall be
privately owned and maintained by the property owner's amociation.
17,Condition 30 Traffic Impact fees fisted as u condition in the Ordinunce rezoning the
property(No.1245-1993 series) to M-PD shall be paid prior to building permits for
Phase 1.(See Item I above)
I declare under penalty of pc rjury under the laws of the State of California tint the
foregoing is true and corruct. d
�tt11"tit (� �U(.Glf_7 --`-e`l�Ill'�e•ut��r
R n
Title: /t'JbGklLtcl)L .JV��'vn
(iVWG/cagincL rMurvlru)
(NOTARY AC'KNt)WI.I1D()IiM1aN7'Rl-.Qtllkl!I))
TWO 21.41nuticcorregUIRI rnN
C�7/7
Attachment 7
1k
state of cawomia }
County of San Luta Obispo)
On March 13, 2000, before me, Pamela K King, Notary Public, personalty appeared
Rbbatt K.9ehl.Wlhut, () personally known to me or(x)proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his
signature on the Instrument the parson or the entity upon behalf of which the person
acted,executed the instrument
Iness my hand and official seal.
' PAMI'!A x.K NG
CammdObn.122r=
Goomb
SM Luk ObkM Caurfty
Notary/Public Mycamm.r, 2hn Z Z
[4=4 calmed by ainnacW- .
( >individusd(s) 04 corporation .'partnership ( )attorneyan-fact ( ) political agency
1
END OF DOCUMENT
C� LG 60
Attachment 8
SUBDIVISION AGREEMENT
Tract 2134 Unit 1
THIS AGREEMENT is dated this 6213t day of 2000 by and
between Ground Zero, LLC., a California Limited Liability Company 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 2134 Unit 1, City of San Luis
Obispo, California, as approved by the City Council on the rgIS'day of M4KCA-: ,2000
The Subdivider desires that said Tract No. 2134 Unit 1 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
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 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. CURB, 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.
Attachment 8
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly 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 of 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 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 eighteen (18) 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
ego —;2Z
Attachment 8
Planning Commission and/or the City Council and has paid the necessary fees 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
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 creditor bond is in the amount of'$ 560.000.00 which is
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 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
le "o2l
Attachment 8
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
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 bond in the
amount of 50%of the above described subdivision improvements ($280,000 in
accordance with State law .
Said Subdivider has paid an inspection fee of$ 35,332.00 for City to inspect the
installation of said 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 furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
C'Lo =22-
Attachment 8
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR Allen . S the
A S
CITY CLERK Lee Price
APPROVED AS TO FORM:
AT 'O E effrey G. Jorgensen
APPROVED AS TO CONTENT
IC WO KS DIRECTO
,147 Michael D. McCluskey
SUBDIVIDER
Ground Zero, L.L.C.,
a C ifomia 'mite Ii bitit ompany,
4 y: Robert K. Schiebelhut
anaging Meer
Date:
- Attachment 8
V
EXHIBIT 1
TRACT 2134 - Unit 1
SUBDIVISION AGREEMENT
1 . The Subdivider has deposited a monumentation guarantee in the
amount of $3 , 500 . 00 to cover the installation of survey monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the
City of a letter from the Engineer indicating that they have
completed the work and have. been paid.
2 . Sewer lift station fees have been paid, as listed in the
attached EXHIBIT 2 .
3 . Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4 . Traffic impact and/or mitigation fees shall be paid at time of
building permits through the Community Development Department per
the fee schedule in effect at that time. The off site traffic
mitigation measures listed in Ordinance 1245 (1993 Series)
Condition 3 shall be credited against said Traffic Impact Fees
with this Unit 1 of Tract 2134.
5 . The Subdivider shall install landscaping in parkway areas and
riparian replacement areas and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements and make provisions for the adjacent
property owners to maintain such landscaping.
6. The subdivider is responsible for installation of the culvert
and bridge and erosion protection, (including maintenance and
guarantee etc) per the plans and current edition of city standard
specifications .
7 . The subdivider is has acquired all necessary offsite rights-
of-way acquisition per Condition 13 of Ordinance No. 1245 (1993
Series) .
S . Development of this tract shall be in accordance with the
Planned Development No. 220-92, adopted per Ordinance No. 1245
(1993 Series)
9 . The Subdivider has paid to the City the cost to install the
final 1. 5" pavement lift on Orcutt Road generally between
Sacramento Drive and the Union Pacific Railroad Right of Way. The
City shall install this final overlay/lift and final striping in
conjunction with the proposed city project anticipated in 2001 .
10 . The required center median improvements shall be installed by
the City as full compensation for the additional 9 ft wide right-
C� -z�
Attachment 8
Exhibit 1
Subdivision Agreement
Tract 2134, Unit 1
Page Two
of-way being dedicated on the final map per conditions 6 & 7 of
Resolution 8205 (1993 Series)
11. The subdivider shall be entitled to reimbursement for
excessive costs incurred to install the major bridge (or free
span arch) , and water main within the bridge/arch limits at the
southwest corner of the tract in order to extend Sacramento Drive
to Orcutt Road.
The reimbursement will be based on costs in excess of the
developer' s responsibility of 20/60 (33 . 33%) of the final cost
for the work, excluding base, pavement, sidewalks and railings,
water main within the area of the bridge/culvert and other
utilities, in accordance with provisions of Municipal Code
Section 16 .44 . 09 1. Such reimbursements shall be paid to the
subdivider only when and if prorated shares are collected from
the developers of new projects which benefit from this
improvement, as determined by the City Engineer, and subject to
an agreement, as prescribed in said regulations.
Attachment 8
EXHIBIT 2
TRACT 2134 Unit 1
Orcutt/Sacramento
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $560, 000 Bond # Daa
Labor & Materials $280, 000 Bond # j/�r/loco
(50% of total cost of improvements)
rttN-uL
$3 , 500 CD # 1535866151 02/14/2000
Monument Guarantee 9(2'71x6
H.B.
Erosion Contingency $7, 500 (Need plan) Ile- zOoO r ?4,AtA
Fees:
Map Check Fee $929 8/07/98
H-.B.
Plan check Fee $5, 391 8/07/98
H.B.
Inspection Fee $35, 332 3/o6/20000
Sewer Lift Station Fee
(Tank Farm) $4, 143 . 83
($131 . 55 X 3 X 10 .5 Acres) v
Pavement overlay fee $ /� 310s00 a
Water and Sewer & Traffic Impact and/or Mitigation Fees
(Due in conjunction with Building Permits)
Credit for Mitigation Fees to be applied to Unit 1 only.
T2134 Subdivision.Agreemen
Attachment 9
Nis city of SAn IUIS OBISPO
879 Morro Street•San Luis Obispo, CA 93401
i
February 19,2008
Patrick J.Brown
Orcutt Associates,LLC
4060 Campus Drive, Suite 100
Newport Beach,CA 92660 i
Subject: Request for Refund of Sewer Lift Station Fees
f
Dear Mr.Brown,
This letter has been prepared in response to your correspondence,dated February 15, .
2006 and your e-mail,dated February 6,2008. In your letter and your e-mail,you
request a refund of Sewer Lift Station Fees paid as a condition of Tract 2707,since Sewer
Lift Station Fees were already paid as a condition of Tract 2134. We have researched
this question and offer the following explanation of the current situation.
The Fee and Bond List for Tract 2134—Unit 1 indicates that Sewer Lift Station Fees in
the amount of$4,143.83 were paid to the City on March 6,2000. The Fee and Bond List
also indicates that Water and Sewer Impact Fees would apply and would need to be paid
prior to the issuance of building permits. This is mentioned to illustrate the difference
between Sewer Lift Station Fees and the Wastewater Impact.Fees. Sewer Lift Station
Fees were charged as a condition of the map recordation to pay the costs associated with
the Rockview Lift Station and the Tank Farm Lift Station. These two lift stations will be
retired after completion of the Tank Fane Gravity Sewer and Lift Station Project,which
has been approved by the City Council and will be going to bid this month.
Between the processing of the map for Tract 2134 and the map for Tract.2767,the Sewer
Lift Station Fee program ended. Costs for the new sewer and lift station project(among
other wastewater system improvements being driven by development)are being
recovered through the current Wastewater Impact Fees. We could find neither a
requirement nor any evidence that any Sewer Lift Station Fees were paid as a condition
of Tract 2707. However, the current Wastewater Impact Fee will be charged on a"per
dwelling unit"basis at the time building permits are issued.
As stated above, Sewer Lift Station Fees were required and paid as a condition of Tract
2134. With the conditions satisfied,the final map for Tract 2134 was recorded on March
28,2000. At that time,capacity in the old Tank Farm and Rockview Lift Station system
was reserved for Tract 2134 to support development. The decision to delay development
The City of San Luis Obispo is committed to include the disabled in all of Its services,programs and activities.
Telecommunications Device for the Deaf(805)*-7410
e6e -�7
Attachment 9
and to pursue a new tract map has no bearing on the situation,as capacity in that system
is still being reserved until the old lift station system is retired. Sewer Lift Station Fees
were not charged or paid for Tract 2707.
Since development has not yet occurred under Tract 2134,Wastewater Impact Fees have
not been paid. Wastewater Impact Fees will be charged at the time building permits are
issued for Tract 2707. Since the Sewer Lift Station Fees were for a different purpose
than Wastewater Impact Fees, and there is no evidence that any sewer related fees were
paid more than once for the same purpose,the City Attorney's Office has advised that the
City is not compelled to refund the$4,143.83 Sewer Lift Station Fee for Tract 2134.
Should you be aware of any authority that is contrary to the findings above,please feel
free to bring that evidence forward
't
If you would like to discuss this issue further, or have additional questions, please feel
free to contact Dan Gilmore,Utilities Engineer,at (805)781-7208.
Sincerely,
i
John E.Moss,
Director of Utilities
cc: Diane Dostalek,Christine Dietrick,Dan Gilmore
J
'1
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3
A
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.1
Attachment 10
GROUND ZERO LLC
1010 Peach Street
San Luis Obispo, California 93401
February 15, 2008
City of San Luis Obispo
Re-l" Development Dept.
990 Palm Street
San Luis Obispo, CA 93401
Attn: Tim Bochum
Re: Laurel Creek Project—New Tract Map No. 2707 ("New Map's—previous Tract
Map No. 2134 ("Old Map")
Dear Tim:
As you aware, the New Map for the above-referenced project has been approved making
the Old Map for what was a different proposed project obsolete.
In light of the above, Ground Zero LLC hereby requests that the City of San Luis Obispo
release the following fees paid in connection with the Old Map to Orcutt Associates, LLC (to
which Ground Zero LLC has agreed to transfer said prepaid fees):
Sewer lift station fees: $ 4,143.83
Orcutt pavement overlay fee: 14,310.00
Tract Map inspection fees: 35,332.00
If you have any questions in connection with the above,please contact Pat Brown of
Orcutt Associates, LLC at(949) 553-0627.
Very truly yours,
GRO ZERO LC
By:
beK. . S ebelhut,Managing Member
or
RECEIVED
CITY OF SAN LUIS OBISPO
FEB 2 1 200$
SDCA_788090.1 PUBLIC WORKS DEPARTMENT
DEVELOPMENT REVIEW
G� -�9
Attachment 11
RESOLUTION NO. (2008 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RESCINDING AGREEMENTS,RELEASING SECURITIES,
AND REFUNDING FEES IN CONJUNCTION WITH TRACT 2134
(953 ORCUTT ROAD)
WHEREAS, a final map for Tract 2134 was approved by the City Council by its Resolution
No. 9026 (2000 Series),and
WHEREAS, certain agreements were approved in conjunction with the final map for
Tract 2134,and
WHEREAS, fees and bonds were collected in conjunction with the final map for
Tract 2134,and
WHEREAS, a final map for Tract.2707 was approved by the City Council by its Resolution
No. 9928 (2007 Series), and
WHEREAS,the Tract 2707 final map supersedes the Tract 2134 final map, and
WHEREAS, the open space area dedicated with Tract 2707 replaces and substantially
increases the open space area dedicated with Tract.2134,and
WHEREAS, the Open Space Agreement for Tract 2134 will be replaced with an Open
Space Agreement for Tract 2707,and
WHEREAS, a Notice of Requirements recorded with the Tract 2134 final map is no longer
applicable, and
WHEREAS, the Subdivision Agreement associated with Tract 2134 is no longer
applicable,and
WHEREAS, construction inspection fees were collected with the Tract 2134 final map, but
construction never commenced, and
WHEREAS, a pavement overlay fee was collected with the Tract 2134 final map, but is no
longer applicable.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AS FOLLOWS:
1. The Open Space Easement Agreement recorded March 28, 2000, as Document
No. 2000-016010 in the Official Records of the County Recorder of San Luis Obispo County, is
hereby rescinded, and
C� .3�
i
Resolution No. (2008 Series) Attachment 11
Page 2
2. The Notice of Requirements recorded March 28, 2000, as Document
No. 2000-016009 in the Official Records of the County Recorder of San Luis Obispo County, is
hereby rescinded, and
3. The Subdivision Agreement for Tract 2134, Unit 1 is rescinded and the developer is
hereby released of his obligations,and
4. The remaining bonds being held by the City to guarantee completion of Tract 2134
may be released at this time, and
5. The inspection fee of $35,332 and pavement overlay fee of $14,310 may be
refunded at this time, and
6. City staff is authorized to take action necessary to carry out the intent of this
resolution.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of .2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon than P. ell
City mey
g:\staff-reports-agendas-minuteSl_eari2o08\devrevltract 213AResolution for Tract 2134-Rescind Agreements and Release Securides.doc