HomeMy WebLinkAbout08-17-2015 ResCal SLO 193, LLC - Subdivison AgreementSUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of
2015, by and
between ResCal SLO 193, LLC, a Delaware 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 2353 -2, City of San Luis Obispo,
California, as approved by the City Council on the day of
201
The Subdivider desires that said Tract No. 2353 -2 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
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:
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2
3
4
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CURB, GUTTERS AND SIDEWALKS
STREET AND ALLEY BASE AND SURFACING
WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
LANDSCAPING
DRAINAGE STRUCTURES, INCLUDING DETENTION BASINS
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6. STREET LIGHTS
7. 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.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
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 twelve (12) 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.
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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 as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners 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, instruments 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 instruments of credit or bond are in the amounts specified in Exhibits 1
and 2, which are the amounts of the estimated cost of said improvements.
Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction
in the performance security, is not, and shall not be deemed to be, an acceptance by the
City of the completed improvements, and the risk of loss or damage to the improvements
and the obligation to maintain the improvements shall remain the sole responsibility of the
subdivider until all required public improvements have been accepted by the local agency
and all other required improvements have been fully completed in accordance with the
plans and specifications for the 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
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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 and /or certify as
complete 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.
"AS- BUILT" record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
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 labor and materials sureties in the
amount of 50% of the above described subdivision improvements in accordance with
State law.
Said Subdivider has paid the required inspection fees 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.
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If off -site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the subdivider shall exhaust all avenues available to
acquire said off -site dedication. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off -site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off -site dedication, including, but not limited to, all costs associated with condemnation
through the condemnation process. Prior to proceeding with the condemnation process,
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not and
cannot guarantee that the necessary property rights can be acquired or will, in fact, be
acquired. All necessary procedures of law would apply and would have to be followed.
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.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and /or its agents, officers and employees from any
claim, action or proceeding against the City and /or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review ( "Indemnified Claims ").
The City shall promptly notify the subdivider of any Indemnified Claim upon being
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presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
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.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR/ : Jan Marx
ATTEST:
rl-
SUBDIVIDER
ResCal SLO 193, LLC,
a Delaware Limited Li ility Company
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Print Name and Title
Print Name and Title
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
-validity of that document.
State of California
County of Los Angeles
On April 16, 2015
before me, Rosalie Odell, Notary Public
(insert name and title of the officer)
personally appeared Mitchell Goodman
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ROSALIE ODELL
Commission # 2036110
WITNESS my hand and official seal. .�+ Notary Public - California z
Z Los Angeles County
t•-*^r+� ++-i Comm. Expires Se 2, 2017
Signature` (Seal)
EXHIBIT 1
TRACT 2353 -2 - SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount specified in
Exhibit 2 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. Park -in -lieu fees, water and sewer impact fees, and transportation impact fees shall be paid
at time of building permits per the fee schedule in effect at that time.
3. The subdivider shall comply with all requirements of Council Resolution No. 10512
(2014 Series) approving a revised tentative map and conditions.
4. The Subdivider has deposited a faithful performance security in the amount specified in
Exhibit 2 to guarantee completion of Segment E of Prado Road, pursuant to Condition #I of
Council Resolution No. 10512 (2014 Series).
5. The Subdivider has deposited a security in the amount specified in Exhibit 2 to guarantee
completion of public improvement plans for the design of Prado Road Segment E. The
security shall be released upon City approval of the plans.
6. Pursuant to Mitigation Measure T -02 of Council Resolution No. 10512 (2014 Series) the
Subdivider is required to complete improvements to the intersection of South Higuera and
Prado Road. A $25,000 bond was deposited with the City in conjunction with Tract 2353 -1
to guarantee completion of this improvement. NOTE: The Subdivider has submitted a rider
to the $25, 000 bond already submitted in conjunction with Tract 2353 -1. The rider
guarantees that Tract 2353 -2 will also comply with this condition, so a separate bond will
not be required.
7. Pursuant to Mitigation Measure T -03 of Council Resolution No. 10512 (2014 Series), the
Subdivider is required to deposit a faithful performance security in the amount of $130,000
to retain a qualified traffic consultant to conduct traffic counts and speed measurements
one -year after final occupancy of complete build -out of the subdivision or acceptance of
public improvements, whichever occurs later. If the traffic volumes or speeds exceed City
standards, the $130,000 security will be retained by the City to guarantee that Subdivider
install additional City - approved traffic calming measures to reduce volume and speeds to
comply with City standards. The additional measures shall be installed within six (6) months
following notice from the City to install said measures. Another traffic study shall be
performed twelve (12) months after completion of construction of the additional traffic
calming measures. The $130,000 security will be released to the Subdivider once a
City - approved traffic study demonstrates that traffic volumes and speeds comply with City
standards. NOTE: The Subdivider has submitted a rider to a $130, 000 bond already
submitted in conjunction with Tract 2342 for a similar condition. The rider guarantees that
Tract 2353 will also comply with this condition, so a separate bond will not be required.
The Subdivider has elected to use the Prado Road in -lieu fee option to satisfy Condition #1d
of Council Resolution No. 10512 (2014 Series) for the residential Lots 7 to 14, inclusive,
Lots 91 to 107, inclusive, and Lot 109 to 130 of Tract 2353 -2. Since the $42,206 fee shall be
applied to the Prado Road reimbursement agreement at the time of map recordation, a
separate check for the amount will not be required. Pursuant to the Agreement Waiving
Rights the business park lots may pay an in -lieu fee at time of building permit or will be
subject to a future possible assessment.
M.
EXHIBIT 2
TRACT 2353 -2 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Faithful Performance to construct
$592,600
Bond
xxxx
Prado Road (Segment E)
Labor & Materials for
$296,300
Bond
xxxx
Prado Road (Segment E)
Faithful Performance to construct
$2,132,000
Bond
xxxx
On -Site Tract 2353 -2 improvements
Labor & Materials for
$1,066,000
Bond
xxxx
On -Site Tract 2353 -2 improvements
Faithful Performance to construct
$25,000
Rider to
xxxx
South Higuera/Prado intersection
Tract 2353 -1
improvements
bond
Labor & Materials for
$12,500
Rider to
xxxx
South Higuera/Prado intersection
Tract 2353 -1
improvements
bond
Faithful Performance
$130,000
Rider to
xxxx
for completion of traffic counts and
Tract 2342
speed measurements and installation of
and Tract
additional traffic calming measures
2353 -1 bond
Monumentation Bond
xxxx
CD
xxxx
F fu erfo man to des'
Ws
/ 5
xxxx
Prad ent E}/
Fees:
Map Check Fee
$17,015
Check
5/8/14
'Plan Check Fee
$12,816
Check
xxxx
for Prado Road (Segment E)
Inspection Fee
$80,520
Check
xxxx
for Prado Road (Segment E)
Plan Check Fee
$40,527
Check
xxxx
for On -Site Tract 2353 -2 improvements
Inspection Fee
$216,761
Check
xxxx
for On -Site Tract 2353 -2 im rovements
Plan Check Fee for South Higuera/Prado
$2,427
Check
12/12/14
intersection improvements
Inspection Fee for South Higuera/Prado
$6,066
xxx
xxxx
intersection improvements
Prado Rd. In -Lieu Fee — Residential Lots
$898 /SFD x U.SM
To be applied to offset reimbursement agreement
$41206
costs rather than collecting a separate check
Prado Rd. In -Lieu Fee — Commercial Lots
To be collecte with building permit or with future assessment
Park In -Lieu Fee'
To be collected with building permit
Water Impact Fee
To be collected with )uilding permit
Wastewater Impact Fee'
To be collected with building permit
Transportation hn act Fee'
To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
city Of Department of Community Development
SAn LUIS OBISPO 919 Palm Street, San Luis Obispo, CA 93401
MEMORANDUM
August 17, 2015
TO:
FROM:
SUBJECT:
City Clerk's Office
Diane Dostalek, Engineering Consultant
783 -7704
Tract 2353 -2 — 408 Prado
The subject tract map was approved by Council on May 5, 2015, by Council Resolution
No. 10612 (2015 Series). The final map is attached for City Clerk signature.
Also attached are the following documents for the Mayor to sign:
• Subdivision Agreement (notary not required, does not get recorded, but need City Clerk
attest)
• Certificate of Acceptance for a portion of Prado Road (need Clerk attest and seal)
Once signed, please return the map and agreements to me for recordation. Call me and I will
come get them. If there is any chance this can be done by Tuesday morning August 18, it
would be much appreciated. Subdivider's title officer is leaving on vacation and we would
like to get this to the Recorder before she goes
CERTIFICATE OF ACCEPTANCE
(Portion of Prado Road)
THIS IS TO CERTIFY that a portion of the interest in real property conveyed by Irrevocable &
Perpetual Offer to Dedicate Street Right of Way, dated July 16, 2014, from Rescal SLO 193 LLC, a
Delaware Limited Liability Company recorded on August 4, 2014, as Document #2014031325 in
the Office of the County Recorder of San Luis Obispo County, California, is hereby accepted,
except as noted below, upon completion of public improvements by the undersigned officer on
behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series),
recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County,
California, and the Grantee consents to recordation thereof by its duly authorized officer or his
agent.
That portion lying easterly of a line measured at right angles from the south line of Tract
2353 -2 and 105.32 feet westerly from the southeast corner of Tract 2353 -2, is not accepted
at this time.
DATE:
ATTEST:
A
CITY OF SAN LUIS OBISPO
Mayo Jan Marx
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[City seal required]
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3765 S. Higuera St.,
Ste. 102 • San Luis Obispo, CA 93401
p: (805) 543 -1794 • f: (805) 543 -4609 GRAPHIC SCALE
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