HomeMy WebLinkAboutr10389approvingfinalmaptractno2969-1310foothillblvdRESOLUTION NO . 10389 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVIN G
THE FINAL MAP FOR TRACT NO . 296 9
(1310 FOOTHILL BOULEVARD, TR 200-07 )
WHEREAS,the City Council made certain findings concerning the vesting tentativ e
map for Tract 2969, as prescribed in Resolution No . 10026 (Series 2008); and
WHEREAS,the subdivider has completed all required subdivision improvements o r
submitted surety bonds to guarantee installation of the required subdivision improvements a s
shown on the approved plans, and all fees have been received or will be received prior to map
recordation, as prescribed in the Subdivision Agreement ; an d
WHEREAS,all conditions required per said Resolution No . 10026 (Series 2008) hav e
been met prior to final recordation of the map .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
SECTION 1 .The final map for Tract No . 2969,as shown on the attached Exhibit "A", i s
found to be in substantial compliance with the tentative map .
SECTION 2 .The Subdivision Agreement for Tract No . 2969 as shown on the attache d
Exhibit "B" is hereby approved .
SECTION 3 .Approval of the final map for Tract 2969 is hereby granted .
SECTION 4.The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution .
Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :
None
ABSENT : None
R 10389
Resolution No . 10389 (2012 Series )
Page 2
The foregoing resolution was adopted this 7 th day of August 2012 .
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1
Mayo i an Marx
ATTEST :
S eryll Sc roede r
Interim City Clerk
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TRUSTEE'S STATEMEN T
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BY:
ACKNOWLEDGMEN T
STATE CO CALIFORNIA
'i=NW OF._
ANOTARY PUBUC PERSONALLYAPPEMEOWARED .PAlO
-PROVED TO. ME ON tE OASIS OF SAAISFACTGRY_ERCENGE TO SE 7}E PERS0N{5) 01105 E
NAME(S) IS/ARE SUBSCRIBED TO THE UM INSTRUMENT AO ACKNOWLEDGED TO ME TRAYHE/91E/114EY EXECUTED THE SAME IN H1/!ER/THEIR CAPACITY(ES), A2 THAT ByHIS/IIFRIIHEIR SGNATURE(SJ ITN THE INSTRUMENT THE PERSON(S)..OR THE ENTITY UPONBEHALFOF IRAQI 111E PERSON(5) ACTED, E CUTEO THE INSTRUMENT .
I CERTIFY UNDER PENALTY OF POMMY UNDER THE LADS OF THE STATE OF CALIFORNI ATHAT HIE FOREGOING PARAGRAPH IS TRUE AND CORRECT .
NOTARY SIGNATURE NAME PRINTED
GOUNTY OF .CA.NOTARY EXPIRES NOTARY COMMISSON NVNZ R
TRACT 2969 -
FOR CONDOMINIUM PURPOSE S
-IN..THE . CITY OF _SAN LUIS . OBISPO, 'COUNTY
OF-SAN LUIS .OBISPO,STATE'OF CALIFORNIA
.
.BEB•IG.'A SUBDIVISION FOR CONDOMINIUM PURPOSES OF LOT 91 ,
OF THE RESUB€HNSON OF 'LOTS-1 .2.3.4.5.5.7.8.20.21 AND. A.
PART OF LOT .19 OF CALJFORt1A 'PARK, ACCORDING TO 111E 'MAP
RECORDED -MARCH 7,1924-1N BOOK 3 OF'MAPS,AT PAGE 117-..IN "THE OFFICE OF -THE COUNTY RECORDER OF SAID COUNTY.
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Exhibit "A"
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Exhibit B
SUBDIVISION AGREEMEN T
THIS AGREEMENT is dated this day of 201 by and
between JAN-PAC LLC, a California limited liability company, herein referred to a s
"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 rea l
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 2969, City of San Luis Obispo ,
California, as approved by the City Council on the day of , 20 1
The Subdivider desires that said Tract No . 2969 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 1 6
of the San Luis Obispo Municipal Code), an d
It is a condition of said regulations that the Subdivider agree to install th e
improvements as set forth on the plans therefore .
TERMS AND CONDITIONS :
In consideration of the foregoing, the Subdivider does hereby agree to construc t
and install the following subdivision improvements in accordance with said subdivisio n
regulations, and in accordance with approved plans and specifications on file in the offic e
of the City Engineer, City of San Luis Obispo, to wit :
1.CURB, GUTTERS AND SIDEWALK S
2.STREET AND ON-SITE BASE AND SURFACIN G
3.WATER SERVICES and SEWER MAINS, including sewer laterals to the propert y
line and water services to the curb stop .
4 .LANDSCAPING
Exhibit B
5.DRAINAGE STRUCTURE S
6.ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION : In addition to th e
inspection and approval of such facilities by the City, each public utility shall b e
required to file a letter stating that the developer has properly installed all facilities t o
be provided by him, and that the said utility is prepared to provide service t o
residents upon request .
7.ANY & ALL OTHER IMPROVEMENTS shown on plans or required by projec t
approvals .
All of the above facilities shall be installed in the locations designated and to the plans an d
specifications on file and approved by said City .
The lines and grades for all of said improvements shall be established by th e
Subdivider in accordance with said approved plans and specifications .
The Subdivider agrees that the work of installing the above improvements shal l
begin within thirty (30) days from the date of recording of the final map, and that the wor k
shall be completed within twelve (12) months of said recording date, unless an extensio n
has been granted by the City, provided that if completion of said work is delayed by acts o f
God or labor disputes resulting in strike action, the Subdivider shall have an additiona l
period of time equivalent to such period of delay in which to complete such work . An y
extension of time hereunder shall not operate to release the surety on the Improvemen t
Security filed pursuant to this agreement . In this connection, the surety waives th e
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 dat e
of the agreement until completion and acceptance of all subdivision improvements unles s
specifically approved by the City .
Exhibit B
The Subdivider does also agree to comply with the conditions established by th e
Planning Commission and/or the City Council and has paid the necessary fees a s
indicated on the attached Exhibits 1 and 2 .
The restoration of lost section corners and retracement of section lines within th e
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq ., of th e
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of th e
State of California .
The Subdivider attaches hereto, as an integral part hereof, and as security for th e
performance of this agreement, an instrument of credit or bond approved by and in favo r
of the City of San Luis Obispo, and conditional upon the faithful performance of thi s
agreement . Said instrument of credit or bond is in the amount of $196,000 which is th e
amount of the estimated cost of said improvements that remain to be completed from th e
original $675,700 of required improvements . Per Sec . 66499 .7(d) of the Governmen t
Code of the State of California, a reduction in the performance security,is not, and shal l
not be deemed to be, an acceptance by the City of the completed improvements, and th e
risk of loss or damage to the improvements and the obligation to maintain th e
improvements shall remain the sole responsibility of the subdivider until all required publi c
improvements have been accepted by the local agency and all other require d
improvements have been fully completed in accordance with the plans and specification s
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 withi n
twelve (12) months after acceptance thereof . In accordance with Sections 66499 .7 and
Exhibit B
66499 .9 of the Government Code of the State of California, upon final completion an d
acceptance of the work, City will retain a security in the amount of $68,000,which is 10 %
of the total estimated cost of subdivision improvements . That amount being deeme d
sufficient to guarantee faithful performance by the Subdivider of his obligation to remed y
any defects in the improvements arising within a period of one year following th e
completion and acceptance thereof .
Completion of the work shall be deemed to have occurred on the date which th e
City Council shall, by resolution duly passed and adopted, accept said improvement s
according to said plans and specifications, and any approved modifications thereto .
Neither periodic nor progress inspections or approvals shall bind the City to accept sai d
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 o f
construction and prior to City acceptance of the public improvements .
If the Subdivider fails to complete the work within the prescribed time, th e
Subdivider agrees that City may, at its option, declare the instrument of credit or bon d
which has been posted by Subdivider to guarantee faithful performance, forfeited an d
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 hi s
surety .
The Subdivider has deposited with the City a labor and materials surety in th e
amount of 50% of the remaining above described subdivision improvements ($98,000)i n
accordance with State law .
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Exhibit B
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision,"all plans an d
specifications on file with said City as a part of said Subdivision Map, and all othe r
documents filed with the City by the Subdivider and approved by the City are hereb y
referred to for further particulars in interpreting and defining the obligations of th e
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 an y
claim, action or proceeding against the City and/or its agents, officers or employees t o
attack, set aside, void or annul, the approval by the City of this subdivision, and all action s
relating thereto, including but not limited to environmental review ("Indemnified Claims").
The City shall promptly notify the subdivider of any Indemnified Claim upon bein g
presented with the Indemnified Claim and City shall fully cooperate in the defense agains t
an Indemnified Claim .
It is understood and agreed by and between the Subdivider and the City hereto tha t
this agreement shall bind the heirs, executors, administrators, successors and assigns o f
the respective Parties to this agreement .
It is agreed that the Subdivider will furnish copies of the successful bidder's contrac t
unit prices and total bid prices for all of the improvements herein referred to .
5
Exhibit B
IN WITNESS WHEREOF, this agreement has been executed by :
CITY OF SAN LUIS OBISPO :SUBDIVIDER :
JAN-PAC LLC ,a California limited liability compan y
Signature
Print Name and Titl e
ATTEST :
IN ERIM CIT CLERK, Sheryll Schroede r
Y, J . Christine Dietrick
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Exhibit B
EXHIBIT 1,
TRACT 296 9
SUBDIVISION AGREEMEN T
1.Park-in-lieu fees and affordable housing fees have been paid, as listed in the attache d
EXHIBIT 2 .
2.Water and sewer impact fees were paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
3.Transportation impact fees were paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
4.The subdivider shall comply with all requirements of Council Resolution No . 10026 (200 8
Series) approving the tentative map .
EXHIBIT 2
TRACT 2969
FEE AND BOND LIS T
Amount Form Date Receive d
Bonds and Guarantees :
Total Faithful Performance $196,000 xxx xxx x
Labor & Materials (50% of total cost o f
improvements
$98,000 xxx xxx x
Fees :
Map Check Fee $4,428 Check 3/24/0 9
Plan Check Fee To be collecte d
with building
permit
Public Improvement Inspection Fee $2,318 Check or Charge 8/13/09
Park In-Lieu Fee'$12,873 Check 7/20/12
Affordable Housing Requirements $30,736 .20 Paid with building permi t
Water Impact Fee l Paid with building permi t
Wastewater Impact Fee'Paid with building permi t
Transportation Impact Fee'Paid with building permit
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