HomeMy WebLinkAbout08/16/1988, C-9 - FINAL MAP APPROVAL FOR TRACT NO. 1376 (UNITS 1 & 2), 131 LOT RESIDENTIAL SUBDIVISION AT 1100 TANK FARM ROAD. (EDNA-ISLAY SPECIFIC PLAN AREA, THE PACIFICA CORP., SUBDIVIDER) lll��l�ul�lllll��l UII i=n �� citySan o MEETING DATE:Wp
August
. 19RA
COUNCIL AGENDA REPORT 'TE"" B .
FROM:
David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil Engineer
SUBJECT:
Final Map Approval for Tract No. 1376 (Units 1 &2), 131 Lot Residential
Subdivision at 1100 Tank Farm Road. (Edna-Islay Specific Plan Area, The
Pacifica Corp. , Subdivider)
RECOMMENDATION:
Adopt Resolution Approving the Final Map for Tract No. 1376 (Units 1 & 2).
DISCUSSION:
This tract consists of 131 single-family lots to be developed by the
subdivider, and a lot dedicated as a flood control detention basin. A
considerable portion of the subdivision improvements have already been
constructed, including the Tank Farm Road/SPRR underpass, the Bullock Lane
waterline, grading, and on and offsite sewer, water and public utilities.
Bonds have been posted to guarantee completion of all improvements.
The final map has been reviewed by the Public Works Dept. and found to be in
substantial conformity with the tentative map approved under Resolution No.
6027 (1986 Series). All conditions have been met or are bonded for under a
standard subdivision agreement and are shown on approved plans except as
follows:
The CC&R's have not been approved by Planning yet due to concern for amount
of turf in front yard landscaping. The ARC granted final approval on
11-23-87, subject to staff approval of this issue. Council is to consider
this under another item on this agenda. The subdivider has agreed to a
limitation of 40% but the staff recommendation is for 209 . The CC&R's
therefore must be changed, if Council adopts the more restrictive
guideline, prior to recordation.
Condition 22 requires dedication of park land or fees in accordance with the
Specific Plan. The subdivider paid a fee for this tract since the park will be
in a subsequent tract. This fee is to be refuneed upon dedication at a future
date. This was done with the Edna tracts.
Condition 26 requires dedication of creek impro.ement and preservation areas to
be shown on the final map. The subdivider submitted a separate document
instead, since the tract boundary was adjusted :lightly to coincide with the
rear of lots adjacent to the creek to the appro% al of the Community Development
Director. The next phase will provide for fee d9dication of the entire park
site, including both sides of the creek anyway cs one lot. The buffer
landscaping/fencing/bikepath/walkway will be inEtalled within the easement as a
condition of this tract, along with creek bank stabilization.
�►��►bIa�IINl��p ���ll� city of San IDIS OBISpo
nia; COUNCIL AGENDA REPORT
Final Map Treet 1376
Meeting of August 16, 1988
Page Two.
The subdivider was required to provide additional easements for sewer,
storm drain and water lines outside the tract boundaries. The documents
(2) have been received and are included for recordation along with the
final map except as follows:
1 . There is current litigation between Leo Evans and the City which deals
with the status of Bullock Lane right-of-way. If the court finds that
a portion of Bullock Lane is not "public right-of-way", then an
easement (or easements) must be acquired pursuant to an agreement with
the City in conjunction with the previous bonding of the waterline per
Resolution No. 6214 (1988 Series). The City agreed to lend its power
of eminent domain at the cost of the subdivider (Condition 28). An
easement has already been acquired from Righetti for the portion
outside of Bullock Lane. Acceptance of the waterline and release of
the bond must be withheld pending resolution of the issue. The bond
includes an amount estimated for acquisition. The Subdivision Map Act
precludes the City from denying final map approval for failure to
acquire offsite easements subject to an agreement to provide for
necessary acquisition under eminent domain proceedings or deletion of
the condition by the City.
2. A sewer easement was received and recorded already for the outfall
sewer on the Edna side of the SPRR right=of-way which ties into the
main constructed by Santa Lucia Hills.
Four (4) Indentures have been submitted for execution by Council which
are, in effect, "easements" from the Southern Pacific Transportation Co.
for sewer, storm drain and waterline purposes within SPRR right-of-way
within the Tank Farm Rd. underpass, and for sewer purposes within their
right-of-way which connects to the sewer easement mentioned in item 2
above. The City must execute the 4 documents in duplicate and return one
to the railroad. The City's copy should be recorded. A separate document
was processed for the underpass structure in conjunction with the PUC
permit.
The detention basin will be maintained by the homeowners' association. The
Tank Farm Road parkway will be maintained by the City per the Specific
Plan.
As with the Edna tracts, a payment of $750.00 will be paid to the City for
each dwelling unit as the property clears escrow or occupancy is granted
as indicated in the subdivision agreement in lieu of filing liens per
Condition 25. This money will be used for development of the future
neighborhood park, along with additional City funding in accordance with a
park plan previously approved by the Council.
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��,u����►►I�IIIIIfl�P° �U�N MY Of San lues OBISp0
MiS COUNCIL AGENDA REPORT
Meeting of August 16, 1988
Page Three.
ALTERNATIVES:
Option 1 . Adopt resolution accepting easements and approving the final
map for Tract No. 1376 (Units 1 & 2).
Option 2: Deny approval of the final map if Council finds conditions have
not been satisfactorily met.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
The subdivider cannot obtain building permits except for model homes per
the Subdivision Map Act prior to recordation of the map.
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommendation subject to Council determination with regard to landscaping
of front yards. No other department has expressed any opposition.
RECOMMENDATION:
Adopt resolution accepting easements and approving the final map for Tract
No. 1376 (Units 1 & 2) and authorizing mayor to execute the subdivision
agreement and railroad indentures.
Attachments:
1 - Draft resolution
2 - Map
3 - Checklist
4 - Resolution No. 6027 (1986 Series)
5 - Subdivision Agreement
6 - Agreement for Bullock Lane waterline
7 - Easements (2)
8,- Indentures (4) in duplicate
9 - Bonds (4 each) Performance & Labor/Materials
10 - Statement of fees and bonds
Items 6-10 available in Council Office for inspection.
N/jkt1376
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RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1376, UNITS I & II
. (The Pacifica Corporation, Subdivider)
WHEREAS, the City Council made certain findings concerning Tract 1376
as contained in Resolution No. 6027 (1986 Series), and
WHEREAS, all conditions required per Resolution No. 6027 (1986
Series), have been met or are bonded for,
NOW THEREFORE BE IT RESOLVED, that final approval is hereby granted
for Tract 1376, Units I and II, and the Mayor is hereby authorized to
execute the subdivision agreement and the Southern Pacific Transportation
Company railroad indentures. The City Clerk shall cause the railroad
indentures and other off-site easements to be recorded. The park-in-lieu
fees paid under this tract shall be refunded to the subdivider upon
dedication of the park required under the Edna-Islay Specific Plan (Islay
Area).
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1988.
MAYOR
ATTEST:
CITY CLERK
Resolution No. (1988 Series)
Page Two.
APPROVED:
City Administrative Officer
City Att ney
�c 6vt&,
Community Development Director
City Engineer
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il I CTC)/ Of Sdi I: LUIS OBISPO
FINAL MAP APPROVAL CHECKLIST-
PROJECT
NAME The Arbors at Islay Hill
DESCRIPTION 131 Single family homes on Tank Farm Road East of Railroad tracks
Tract 1376
MAP NUMBER Units I&II SPECIFIC PIAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
p DESCRIPTION INITIAL I'DATE COMMENTS
1 GRADING including planting &retaining walls7 Partially done, on plans & bonded for
2 STORM DRAINS A DRAINAGE STRUCTURES " " ' 1, if
3 SEWERS&SERVICES n if it it n 71-
4 WATERLINES&SERVICES " " it it to
5 FIRE HYDRANTS n n n n n n
8 CONCRETE
Curbs and Gutters
Sidewalks n it to it
Driveways n n n n
7 STREETS &PAVING
Pavement
Signing,striping and curb painting To To 11
8 NON-CITY UTILITIES
P.G.&E. — Electrical Z� q n rr n rr
Street Lights u u n n
Cable TV
Telephone Co.
Gas Company lk11 11 11 11
9 FEES RECEIVED(Water,Sewer)
10 PUBLIC IMPROVEMENTS payments received J
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION r y c n rr
13 STREET TREES
14 OFFSITE WORK. �9 4-
15 BONDIGUARANTEE deposited T?
18 PARK dedication or In-lieu fees
17
OTHER CONDITIONS
181 Board of Adjustments
191 Planning Commission
20 Architectural Review Commission e. �RS uJro Nfii'
21 City Council u
22 Abandonments
23 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APP VA
5241 PUBLIC SERVICES APPROVA
n Al
RESOLUTION NO. 6027 (1986 Scrics)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1376
(ISLAY HILL) LOCATED AT 1100 TANK FARM ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1376 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna-Islay.
2. The site is physically suited for the type and density of development proposed and
allowed in an R-1-SP zone.
3. The design of the subdivision and the proposed improvements arc not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
casements for access through or use of property within the proposed subdivision.
5. The Community Development Director has determined that the subdivision is consistent
with the adopted Edna-Islay Specific Plan, and that no further environmental study is
necessary.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1376 be
i
subject to the following conditions:
1. Multiple final maps may be filed. Recordation of any final map for Tract 1376 shall
not occur prior to acceptance of the Tank Farm Road right-of-way in phases 1 and 2 of
the Edna-Islay Specific Plan.
2. Subdivider shall construct all public improvements shown on the tentative map.
Subdivision improvements shall be consistent with standards in the Edna-Islay
Specific Plan.
3. New streets shall be named and shown on the final map, to the approval of the
Community Development Department and the Postal Service. Addresses shall be assigned
according to a plan prepared by the Community Development Department.
4. Final map and improvement plans shall note that if grading or other operations
unearth archeological resources, construction activities shall cease. •The Community
Development Director shall be notified of the extent and location of discovered
materials so that they may be recorded by a qualified archeologist. Disposition of
artifacts shall comply with state and federal laws. Costs of any archeological work
shall be the subdivider's responsibility. t
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Resolution No. 6027 (1986 Series)
Tract 1376 (Islay Hill)
Page 2
5. Solar easements shall be delineated on the final map for those lots with longer
dimensions oriented more than 30 degrees from a North-South line. Easements shall be
to the approval of the Community Development Director.
6. The subdivider shall establish covenants, conditions, and restrictions (CC&R's) for
the tract. These CC&R's shall be approved by the Community Development Department
and administered by the homeowner's association. The subdivider shall include the
following provisions in the CC&R's for the Tract:
a. Maintenance of storm water detention basin shall be by homeowner's association
in conformance with the Edna Islay Specific Plan.
b. There shall be no change,in city-regulated provisions of the CC&R's without
prior approval of the Community Development Department.
C. Front yard landscaping shall conform to a city-approved plant list.
Incentives, to the approval of the Community Development Director, shall be
provided to homeowners who complete landscaping within six months of
occupancy.
7. Subdivider must install street trees to city standards, to the approval of the Public
Works Department. Any street trees included in the park improvements must be
installed as initial subdivision improvements also.
8. Fire hydrants shall be provided as required by the city fire code and to the
satisfaction of the Fire Marshal. All hydrants shall provide 1500 gallons per minute
and be served by loop water li4cs consistent with the Edna-Islay Specific Plan.
9. All lots shall be graded in compliance with the Uniform Building Code and Grading
Ordinance.
10. Subdivider shall submit for Community Development Director approval a detailed
landscape improvement plan for the detention basin and the north side of Tank Farm
Road. Plan shall be prepared by licensed landscape architect, shall be consistent
with concepts and requirements of the Edna-Islay Specific Plan, and shall include
provisions needed to prevent erosion on the north side of Tank Farm Road.
Landscaping shall be installed to the approval of the Community Development Director.
11. The subdivider shall construct the following to the satisfaction of the City
Engineer:
a. Surface and subsurface drainage improvements on the site.
b. Detention basin.
12. Subdivider shall offer for dedication to the city and show on final map:
a. Access casements for maintenance of detention basin, to the approval of the
City Engineer. Access to the basin shall be paved to the satisfaction of the
City Engineer and Community Development Director. ,
i
Resolution No.4r927 (198f/Scrics)
Tract 1376
Page 3
b. Drainage casements, in accordance with the Specific Plan, to the satisfaction
of the City Engineer.
13. The subdivider shall submit a hydrology study and calculations for the design of the
proposed drainage facilities within the tract.
14. Subdivider shall submit a maintenance schedule to be fulfilled by the Homeowners'
Association for the detention basin, subject to approval by the City Engineer. The
maintenance schedule shall include periodic report to the city of the condition of
the detention basin for the life of the basin. The maintenance schedule and
reporting procedure shall be approved by the City Engineer.
15. Bike paths shall be shown on improvement plans, located as shown on the specific plan
map, to the approval of the Community Development Director.
16. Construction of the railroad underpass along Tank Farm Road shall be complete
concurrent with or prior to development of any other tract improvements. No buildings
may be constructed prior to the completion or the underpass.
17. The subdivider shall install street furniture and signs for transit systems, to the
satisfaction of the Community Development Department and Mass Transit Committee.;
18. Final map shall note access rights to both sides of Tank Farm Road shall be dedicated
to the city by a t-Coot no-access strip.
19. Subdivider shall construct the intersection of Tank Farm Road and Orcutt Road as part
of this subdivision. Design shall conform to standards set,in the Edna-Islay
Specific Plan and shall be approved by the City Engineer, County Engineer, and
Community Development Director.
20. Subdivider shall submit to the Community Development Department a written agreement,
signed by an authorized representative of the Department of Fish and Game,
.specifically allowing the work in the creek and stating the limitations imposed upon
this work.
Work shall be limited to rehabilitation and stabilization of active erosion areas,
channel improvements for site drainage regulations and control and installation of
utility crossings required to complete the Final Map improvements. This work shall
employ, to the extent possible, native rocks and materials which will provide a
channel similar to the natural existing one.
21. Subdivider shall submit a revised landscape improvement plan to the Community
Development Department for review and approval. This landscape plan shall show the
bike/pedestrian path relocated as shown on the Edna-Islay Specific Plan map, shall
include typical creek sections for the creek improvement areas and the creek
preservation areas to the satisfaction of the Community Development Director.
i
Resolution No. 6027 (1986 Series)
Tract 1376
Page 4
22. Subdivider shall pay park-in-lieu fees in accordance with the subdivision regulations
or dedicate land for a park, as designated on the specific plan land use map.
23. Landscaping and fencing in the creek setback areas shall be shown on the subdivision
improvement plans.
24. The Tank Farm Road crossing of the south branch of Acacia Creek shall be designed to
minimize creek disruption to the approval of the Community Development Director and
the City Engineer. That design shall include the concerns of the Department of Fish
and Game. Plans shall be part of Tank Farm Road improvements and improvements for
Islay hill phase 3 final map.
25. The subdivider shall submit a financing plan for the development of the park that
splits the financial, responsibility among the subdivider, the individual lot owners,
and the city. The plan shall be submitted prior to final map approval, to the
approval of the Community Development Director. Park improvements shall be
implemented in stages, as required by the specific plan. If the park is dedicated in
this phase, then a bond for the subdivider's portion of the improvements shall be
posted prior to the approval of the final map for Tract 1376 to the approval of'the
Community Development Director.
26. The subdivider shall offer for dedication and show on the final map.1creck improvement
and preservation areas included in the development plans of this subdivision.
27. The final map shall note that all buildings located beyond the four-minute response
line, as determined by the Fire Department, must contain on-site fire mitigation
measures, to the approval of the Fire Department.
28. Subdivider shall provide plans and bond for the installation of a 12' diameter water
main extending from Bullock Lane to the proposed extension of Tank Farm Road or an
alternative line approved by the city's Utilities Engineer. This water main shall be
installed prior to development of phase 4 of the Edna-Islay Specific Plan, or when 386
units have been constructed within the Edna-Islay Specific Plan area, whichever comes
first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04
of the Municipal Code. Acquisition costs for off-site easements shall be the
responsibility of the subdivider. City may exercise its power of eminent domain as
required to expedite acquisition of necessary easements. Subdivider shall be
responsible for preparation of legal work and costs of any litigation.
29. Subdivider shall construct an all-weather access road to all sewer line manholes not
located within dedicated roads, to the satisfaction of the Public Works Department. An
access casement to all such sewer lines shall be granted to the city and shown on the
final map, to the satisfaction of the City Engineer.
30. Subdivider shall submit to the Community Development Department a noise analysis,
prepared by a registered acoustical engineer, that analyzes the effects of noise from
Tank Farm Road on the adjacent residential lots. The report shall include
recommendations for noise mitigation..*nd incorporated into the project where
necessary.
FN% IfF Lr 5-r
Resolution No. 6027 (1986 Series)
Tract 1376
Page 5
Noise or visual buffers constructed along Tank Farm Road shall be to the approval of
the Architectural Review Commission.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilpersons Settle, Rappa, Dovey, Griffin, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th_ day of .7111y
1986.
May
ATTEST:
City Clerk i.
ABPROYED:
ice
.y
City Administrative ffic
4—
City At rney
r �
Community Ife elopment Director
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and
between The Pacifica Corporation, 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 final map of Tract 1376
- Units I and II, City of San Luis Obispo, California, as approved by the
City Council, on the day of 19_
The Subdivider desires that said Tract 1376 - Units I and II be
accepted and approved as a final map pursuant tc 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 plcns 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
1 . CURBS, 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.
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 hove 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
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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 following conditions
established by the Planning Commission and/or the City Council:
1 . The Subdivider has paid the following fees, in addition to bonds and
Inspection fee:
(a) A monumentation guarantee of $7,200.00 to cover the installation of
survey monuments in accordance with the approved mop and payment for
some. Said deposit will be released to the Subdivider upon receipt by
the City of a letter from the Engineer/Surveyor indicating he has
completed the work and has been paid.
(b) Water acreage fees of $40,603.00 (21 .37 AC x $1900/AC). .
(c) Rockview-Tank Farm sewer lift station fees of $8.433.67 (21 .37 AC x
$131 .55 x 3).
(d) Park-in-lieu fee of $57,451 .68 (352 x .005 x1 ,324,653)
40.58
2. The Subdivider shall be responsible for landscaping Tank Farm Road parkway,
according to the conditions of the approval, plans and Edna-Islay Specific
Plan and shall be responsible for maintenance until taken over by the City.
3. Subdivider shall provide for payment of $750.00 to the City through escrow
for each dwelling unit as a park development fee. These payments are
payable prior to occupancy releases or property transfers in lieu of filing
liens as prescribed in Condition 25 of Resolution No. 1376 (1986 Series).
4. The Subdivider hereby agrees to move any sewer main that is installed in an
undeveloped area if subsequent development does not locate streets or other
acceptable easement areas over the sewer main in ultimate development.
5. The Subdivider hereby agrees to complete the first phase of creek
improvement plans prior to building permits on Lots 65 through 87 and to
complete improvements prior to occupancy of any houses on said lots. This
includes fencing, paths, erosion control ona landscaping. The creek plans
for the area adjacent to the first phase may be submitted separately for
this purpose. (Per Condition 20 of Resolution 6027 - 1986 Series).
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6. The Subdivider has installed the Bullock Lane waterline per Condition 28 of
Resolution 6027 (1986 Series), pursuant to an agreement per Resolution No.
6214 (1986 Series). Subdivider is entitled to reimbursement as specified
in said agreement. Costs for litigation to obtain waterline easement(s),
including the portion of Bullock Lane fronting on that parcel commonly
known as 3590 Bullock Lane, San Luis Obispo, California, are to be the
subdivider's responsibility, per said agreement.
7. The Subdivider hereby agrees to construct and landscape the detention basin
and related area to City approval. The Subdivider shall establish a
maintenance and inspection program for the detention basin and shall be
responsible for maintenance until turning the responsibility over to the
Homeowner's Association.
8. The Subdivider has posted a $2000 deposit to guarantee the installation of
street furniture for transit systems (per Condition 17 of Resolution No.
6027 - 1986 Series).
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
The Subdivider attaches hereto, as an integral part hereof, and as
security for the performance of this agreement, instruments of credit or
bonds approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement. Said bonds
are in the total amount of $2,400,000.00, which is the amount of the
estimated cost of remaining 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.
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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 some 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
instruments of credit or bonds which have 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 agrees to deposit with the City labor and material
bonds in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $72, 000.00 (3%
of $2,400,000.00) in addition to $32,000.00 previously deposited prior to
start of work under Tract 1376 (Units I & II) (Fund x/664) from which
deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of remaining subdivision improvements
and certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of
$72,000.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
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In accordance with 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 the City 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
THE P I ORPORATION
ali nio Corporation
MAYOR Bil Co lan
Vice President
ATTEST:
CITY CLERK
Approved a to form:
City At rney
City Engineer
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AGREEMENT
This JGREEMENT (the "Agreement' herein), entered into on May 5, ,
1987 is between THE PACIFICA CORPORATION, a California corporation,
referred to herein as "Subdivider", and the CITY OF SAN LUIS OBISPO, a
Municipal corporation, referred to herein as "City".
(A) Subdivider owns the Islay Hill portion of that real property
located within City which is subject to the Edna-Islay Specific Plan,
which specific plan has duly been adopted pursuant to Resolution No. 4733
( 1982 Series), by the City Council of City, and
(B) Condition to the development of Subdivider's said real property
under Tract 1376 is the extension of a 12" diameter public water main
pursuant to Condition 28 per Resolution No. 6027 ( 1986 Series).
(C) Santa Lucia Hills, the Subdivider of the Edna area of the
Edna-Islay Specific Plan area, has previously depositedea total of
$65,530.00 with the City as a guarantee for a pro-rata share of the
Bullock Lane waterline in conjunction with Tract Nos. 1235 and 1264 as a
part of the respective subdivision agreements. The estimated total cost
of said Bullock Lane waterline is $176,800.00.
(D) Subdivider, pursuant to an agreement with Santa Lucia Hills, has
agreed to post the entire bond for the waterline and in so doing will
provide for the release of the cash deposits on file with the City to
Santa Lucia Hills.
NOW THEREFORE, City and Subdivider agree as follows:
( 1 ) Subdivider agrees to provide, at its expense, plans,
specifications, and all necessary construction engineering services for
the extension of the Bullock Lane waterline and shall post a Faithful
Performance bond in the amount of $176,800.00, and a Labor & Materials
bond in the amount of $88,400.00 to guarantee same. and further agrees to
pay for all acquisition costs for off-site easements as prescribed in the
aforementi0hed Condition 28 of Resolution No. 6027 (1986 Series). Such
bonding shall be in accordance with Section 66499.7 and Section 66499.9 of
the Government Code of the State of California (Subdivision Map Act).
(2) Upon final completion and acceptance of the waterline by the
City, City will release all but 10% of the security guaranteeing the
faithful performance, that being deemed sufficient to guarantee repairs to
any defects in the improvement arising over a period of one (1 ) year
following completion and acceptance thereof by the City Council against
any defect in work or labor done or defective materials furnished in the
performance of this agreement.
(3) Subdivider shall be entitled to reimbursement for direct service
connections (other than main line extensions) in accordance with Chapter
13.04 of the Municipal Code for non-participating properties.
(4) City shall release the aforementioned cash deposit to Santa Lucia
Hills upon execution of this agreement and upon receipt of the
aforementioned bonds.
Executed in duplicate originals as 5th day of May
1987 at San Luis Obispo, California, City of San Luis Obispo by:
ATT ST: 14A�OR(rRON DUNIN
CITt CLERK PAPS GES
SUBDIVIDER:
The Pacifica Corporation The Pacifica Corporation
A Califor�ka Corporation
By: By:
Glen L. Aalbers Paul Siegel
Vice-President
Planning & Engineering Sr. Vice-President
jk4/pacifica /
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Approved:
City Att ney
t
C ty Engineer - - --
Community Development Direc-tor