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HomeMy WebLinkAbout05-18-2016 Subdivision Agreement - Naranji, LLCn city of san Luis MEMORANDUM June 15, 2016 OBI SPO TO: City Clerk's Office Department of Community Development FROM: Diane Dostalek, Senior Civil Engineer 783 -7704 SUBJECT: Tract 784 — 625 Toro Street 919 Palm Street, San Luis Obispo, CA 93401 The subject tract map was approved by Council on June 14, 2016, by Council Resolution No. 10723 (2016 Series). Attached is the final map for City Clerk signature. Also attached is the Subdivision Agreement for the Mayor's signature and City Clerk attest. Once signed, please return the map and agreement to me for further processing. SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 111. 201, by and between Naranji, 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 2784, City of San Luis Obispo, California, as approved by the City Council on the day of The Subdivider desires that said Tract 2784 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- 1 . PARKING AND DRIVEWAY SURFACING 2. WATER SERVICES AND FIRE HYDRANTS 3. SEWER MAIN AND LATERALS 4. LANDSCAPING AND STREET TREES 1 5. DRAINAGE STRUCTURES 6. SIDEWALKS AND DRIVEWAY APPROACH 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. 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 subdivision improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the 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, 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 $340,000, 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 the building permit is finaled. 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 a labor and materials surety in the amount of 50% of the above described subdivision improvements ($170,000) in accordance with State law. Said Subdivider shall pay an inspection fee 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 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 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 N C SUBDIVIDER Naranji, LLC, a California limited liability compa Parimal Naran, Manager Y ran, Manager .i _ E ITY CLE K CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE: § 1189 �;y= t�^.cS @,c= ice/- '�'�i'•.- ...,.. . .,a+.�r.2�i`rti'zrc?i�r.�y.S -K°h " heSn��r- ri-.. ..�l.lr_c5�r''�1%'C'�l''. -',. - '-r-', -�.e: t:.5 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 r / UL7 k On l L O (Q before me, Date ]� a personally appeared Im Here lnsert'Name and Title of the Offices aNc A/A�rN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons�y whose name is/are subscribed to the within instrument and acknowledged to me that 4e4heAhey executed the same in tits i'their authorized capacitq id, and that yA+~their signatureMon the instrument the persor (es , or the entity upon behalf of which the persoriLspacted, executed the instrument. DEVON COOPERSMITH Commission # 2043816 ,F Notary Public - California San Luis Obispo County 3 MY Comm. Expires Oct 3 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the fore ing paragraph is tru nd correct. 'WITN1 S hand and official sea Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �} I Title or Type of Document: _` U A �1 J LS i O A-a �� I(Yti� Document Date: Number of Pages: _CL:� Signer(s) Other Than Named Above:. "A Capacity(ies) CI imed by Signer s) Signer's Nam A if> � NkfgA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: )-J- igner Is Representing: AI& -f6kA ; LC_ er's Name: D Co ate Officer — Title(s): ❑ Partner -- -! Limited ❑ General El Individual Attorney in Fact Q Trustee C' rdian or Conservator !T Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 EXHIBIT 1 TRACT 2784 SUBDIVISION AGREEMENT 1. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2. 2. 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. 3. Transportation 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. The subdivider shall comply with all requirements of Council Resolution 9920 (2007 Series) approving the tentative map. EXHIBIT 2 TRACT 2784 - FEE AND BOND LIST 625 Toro Street Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance $340,000 Bond 6/10/16 Can be released upon City acceptance of improvements and deposit of one -year warrmy surety. Labor & Materials (50% of total cost of $170,000 x xx Can be released 90 days after improvements acceptance of improvements, if no claims. (Civil Code Section 8412) 10% Warranty To be Can be released one -year after collected prior acceptance of improvements, if no to release of defects. Faithful Performance Bond Fees., Map Check Fee $8,973 Check 511115 Plan Check Fee Paid with buildknZ permit a lication Improvement Plan Inspection To be collected with encroachment permit Park In -Lieu Fee' $45,980 J Check 6/10/16 Water lm pact Fee To be collected with building permit Wastewater hn act Fee' To be collected with building permit Transportation Impact Fee' To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.