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HomeMy WebLinkAbout03/19/1991, C-5 - AMENDMENT OF THE SUBDIVISION AGREEMENT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1376, A 131 LOT RESIDENTIAL SUBDIVISION AT 1100 TANK FARM ROAD. (THE PACIFICA CORPORATION, SUBDIVIDER) MEETING DATE: CIOf SMLUIS OBISPO March 19, 1991 nia; COUNCIL AGENDA REPORT 1T°M NUMBER FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineer—aP ff---.,Irepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Amendment of the Subdivision Agreement and Acceptance of Public Improvements for Tract No. 1376, a 131 Lot Residential Subdivision at 1100 Tank Farm Road. (The Pacifica Corporation, Subdivider) RECOMMENDATION: Adopt Resolution Approving an Amendment of the Subdivision Agreement Extending the Time to Complete Certain Improvements and Accepting the Completed Public Improvements for Tract No. 1376. DISCUSSION: The final map was approved on August 16, 1988 per Resolution No. 6482 (1988 Series) . The subdivider has constructed the required subdivision improvements except for revegetation of the slopes of the detention basin adjacent to the SPRR and Tank Farm Road, replacement of 13 street trees which died or were removed by certain property owners, and minor grading along the creekway to stabilize the bank. Apparently, 6 property owners do not want street trees and, due to the drought, staff determined that it would be acceptable for the subdivider to pay the City for the cost of replanting the trees when the drought is over. That would allow time for staff to discuss the issues with the property owners to find out their concerns regarding the trees. Apparently, Pacifica has exhausted their negotiations with the property owners. The Department of Fish & Game will not allow the grading until after the Winter rainy season. The estimated cost of the remaining work is: 1) creekbank - $ 5, 000; 2) detention basin revegetation - $ 5, 000. Ten thousand ($10,000) dollars will be withheld from the landscaping bond in addition to the standard 10 % retention as a guarantee through the warranty period per the agreement. The subdivision agreement expired on February 18, 1990. Informal extensions were granted by the City Administrative Officer which expired on September 1, 1990. The subdivider has executed the attached amendment agreeing to postpone the revegetation of the detention basin until the drought ends, to complete the creekbank work in the Spring, and has paid $ 3,250 for the trees. In addition, the subdivider agreed to "maintain" the creekway improvements for two (2) years. Normally, the City is responsible for maintaining the improvements from the time of acceptance. The subdivision improvements consist of typical street and frontage improvements, utilities and lot grading. In addition, an off-site sewer main, storm drain, and water main (in Bullock Lane) and the SPRR bridge over Tank Farm Road were installed. The bridge was previously city of san lugs owpo COUNCIL AGENDA REPOPIT Tract 1376 Acceptance Meeting of March 19, 1991 Page Two accepted and bonding released. Landscaping along the Tank Farm Road parkway will be maintained by the City. The off-site Bullock Lane waterline easement (Evans) has been acquired. A separate bond is on file for this work and should be released along with the bonds for the other accepted work, in accordance with the respective agreements. SIGNIFICANT IMPACTS: The City will be responsible for maintaining the typical subdivision improvements, the Tank Farm Road parkway, and the creekway improvements (after 2 years) . The SPRR bridge is already a City maintenance responsibility. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: The subdivider would be required to maintain the improvements and surety for a longer period of time until acceptance by the City. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. FISCAL IMPACT: Normal maintenance of standard street, sewer and water mains and creek maintenance will be required. The pedestrian pathway and landscaping is not expected to have any significant fiscal impact on the City. ALTERNATIVES: Option 1: Adopt resolution approving an amendment of the subdivision agreement extending the time of completion of certain improvements and accepting the completed public improvements for Tract No. 1376. Option 2: Deny approval of the final map and acceptance of the public improvements if the Council finds that all conditions have not been satisfactorily met. C - s CIty of San Lacs OBIspo ffiii% COUNCIL AGENDA REPORT Tract No. 1376 Acceptance Meeting of March 19, 1991 Page Three RECOMMENDATION: Adopt resolution approving an amendment of the subdivision agreement extending the time to complete the detention basin revegetation and minor creekbank grading, and accepting the completed public improvements for Tract No. 1376. Attachments: 1 - Draft resolution 2 - Map (2) 3 - Final acceptance checklist 4 - Resolution No. 6027 (1986 Series) 5 - Subdivision Agreement N: \MDOCS\T1376ACC.wp I � - 5-3 RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PACIFIC CORPORATION, EXTENDING TIME TO COMPLETE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR TRACT NO. 1376 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked "Exhibit All and incorporated herein by reference, between the City of San Luis Obispo and The Pacific Corporation is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Certain public improvements have been completed to City standards and specifications in accordance with Resolution No. 6027 (1986 Series) except as prescribed in said "Exhibit A". SECTION 3. The completed public improvements are hereby accepted and surety is released per attached "Exhibit B" in accordance with the Subdivision Agreement. The City Administrative Officer is hereby authorized to accept Items A & C of said "Exhibit "A" and to release respective surety upon satisfactory completion. SECTION 4. The City Clerk shall furnish a copy of the executed agreement approved by it to: The Pacific Corporation, the Director of Public Works, and the Director of Community Development. Resolution No. (1991 Series) Page 2. 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 , 1991. MAYOR ATTEST: CITY CLERK APPROVED: y A inistrative Officer nrn Community Dev6lbpment Director Public Works Director rM376a= W EXHIBIT "A" AGREEMENT THIS AGREEMENT, dated this day of , 1991 by and between The Pacifica Corporation, herein referred to as "SUBDIVIDER", and the City of San Lus Obispo, herein referred to as "City". WITNESSETH: Reference is hereby made to that certain of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract No. 1376, as approved by the City Council on August 16, 1988. WHEREAS, a Subdivision Agreement was entered into between the above-mentioned parties to guarantee completion of the subdivi- sion requirements, and WHEREAS, the subdivision agreement has expired, and WHEREAS, the subdivider has completed all items except: A. Revegetation of the detention basin slopes, postponed due to the current drought. B. Replacement of certain street trees on 6 lots which had died or were apparently removed by new property owners. C. Minor slope grading and revegetation to stabilize portions of the bank along the creekway, which may not be done until after April 1, 1991 (Fish and Game permit requirement) , and WHEREAS, the Subdivider agrees to maintain the creekway land- scape improvements for two (2) years from the date of acceptance, and Subdivision Agreement - Amendment Tract No.1376 Page Two WHEREAS, the Subdivider has paid $ 3250. 00 to City for rehired street trees noted in B above (13 @ $ 250 each = $3250) which relieves the Subdivider from this obligation. The City shall be responsible for replacing the trees upon termination of the drought. WHEREAS, the Subdivider has requested an extension of the subdivision agreement to complete Items A and C noted herein. NOW THEREFORE, the subdivision agreement dated August 16, 1988 for Tract No. 1376 is hereby renewed and modified so as to extend the time of completion to July 1, 1992. If the current drought has not officially ended by this date, additional extensions may be granted by the City Administrative Officer at his discretion. All other provisions of the aforementioned Subdivision Agreement shall remain in force, except as provided for with partial acceptance and/or reduction in the amount of surety by the City Council. The City Administrative Officer shall be authorized to release any remaining surety upon completion of Items A and C. Tu wTrmrec wFTF'Pror_ this agreement has been executed by: STATE OF CALIFORNIA COUNTYOF V9uT'U9A SS. 1 �� FOR NOTARY SEAL OR STAMP On this � day of MA"- ,in the year�'1) , before me,the un a N Pabkie in and for�Co! and State, peesmially ap 1 �+ln � rA K 1 i ! and 5. _C L. t 7 1 v Ekpeaonagy(mown to me or porbmae on the ed to be the pasowp executed the JULIA L withinimtrttmentes 5 1(10E President Secretary �, on behalf of the Corporation heron named and acknowledged to me that the _ p��w acorporation executed it. vemwaLtalarr th canminian&R Ott:19.1993 o Il. Si ,( NV a ruww m and for said County state Subdivision Agreement - Amendment Tract No. 1376 Page Three APPROVED: City of San Luis Obispo By: MAYOR Ron Dunin ATTEST: CITY CLERK Pam Voges APPROVED AS TO FORM: ey Jo n n ty to y APPROVED: zlo��� David F. Romero Public Works Director Bayne A. Peterson Ci ! 7;7 r Arnold B. Jona Community Devel ment Director P: \jerry\T1376AMD.wp EXHIBIT B TRACT NO. 1376 BOND REDUCTION CALCULATIONS A. FAITHFUL PERFORMANCE BONDS ON FILE 1. Sewer and Water - $ 280,000 2. Landscaping - $ 300,000 3. Grading and Drainage - $ 680, 000 4. Streets„Sidewalks, etc. - $ 11140,000 S. Bullock Lane Water Main - $ 176, 800 Total $ 21576,800 6. Withhold: a. Creek bank grading/vegetation $ 5, 000 b. Revegetate detention basin slopes $ 5,000 Total $ 10, 000 7. Amount to be released a. 90% of 1,3,4 & 5 $ 2,049, 120 b. 90% of 2 minus 6 $ 261,000 Total $ 2,310,120 B. LABOR & MATERIALS BONDS ON FILE l. . 50% of A. 1-4 above $ 11200, 000 2. Bullock Lane Water Main - A.5 above $ 88,400 Total $ 1,288,400 3. Amount to be released a. All L & M Bonds, except Landscaping $ 111388400 b. Landscaping L & M Bond less $ 5, 000 $ 145, 000 Total $ 11283,400 C. MONUMENTATION Trust deposit (Fund 500-9210-220-130) $ 7,200 D. EROSION CONTROL Trust Deposit (Fund 664-9210-220-150) $ 20, 000 * to be refunded via Public Works •l� i 1 �.. � 1!—';`• �tij`•��. �tic° F 'cb.,�� � • ;/l_ � \�.. • rOt'1 > ellll\ lilt Sol I FA M111% MR HIM l,qrp i i ■■■e■■ �E ■■■■■■ i N& y hs Nto 411 h � i N/diYriYy {{i I I 1 City o f Su. _ LUIS OBISPO �. ' V� P ACCEPTANCE C FINAL PROJECT NAME Tract 1376 - Pacifica - Islay DESCRIPTION A 131-lot tract on Tank Farm Road with single family homes built by subdivider MAP NUMBER Tr 1376 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS a DESCRIPTION I TIAL DATE COMMENTS 1 GRADING complete.including planting b retaining walls 6'•L&A A* ,- 2 STORM DRAINS 3 DRAINAGE STRUCTURES installed LS• 3 SEWERS b SERVICES installed and tested 4 WATERLINES b SERVICES installed and tested 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved Curbs and Gutters Sidewalks Driveways 7 STREET b PAVING installed and approved Properly installed and sealed Cleaned Signing. striping and curb painting it* 8 RON-CITY UTILITIES P.G.b E. -- Final letter received 7 Street lights installed, operating, letter sent Cable TV -- Final letter received 36 Telephone Co.-- Final letter received Gas Company — Final letter received ?9 9 AS-BUILT PLANS received and approved 3 /. 10 PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION complete H.B. 3/7190 Letter received from surve o 13 STREET TREES planted J 14 OFF-SITE WORK completed 15 BOND/GUARANTEE deposited 747 16 AbW Deposit Account Status 4— 1 "Funds Encumbered for Signs,, etc. OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS 18 PLANNING C&IMISSION 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL 21 ABANDONMENTS 22 OTHER ATTACH LIST OF CONDITIONS b SUBDIVISION AGREEMENT CObPil1NITY DEVELOPMENT APPROV 9'OI PUBLIC SERVICES APPROVAL J RESOLUTION NO. 6027 (1986 Series) 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 1T RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tcntativc 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 arc 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.thc approval of the tentative map for Tract 1376 be 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. I and 2 of the Edna-lslay Specific Plan. 2. Subdivider shall construct all public improvements shown on the tentative map. I 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. e, 5� - /3 Resolution No. 6027 (1986 Series) Tract 1376 (Islay Hill) Page 2 QQ5. Solar easements shall be delineated on the final map for those lots with longer N•I'`' 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 lirjcs 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 IiccnsCd 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 Cor 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. e, - r- � � I I Resolution No..6927 (198XScrics) 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 j 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 of' 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 1-foot 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. 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:creck improvement j and preservation areas included in the development plans of this subdivision. 27. The final map shall note that all buildings located beyond the Cour-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 conics first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04 of the Municipal Code. Acquisition costs for off-site casements 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 scwcr 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 mitigationafrd incorporated into the project where necessary jl�r ac �++Fa.��<.•.�. .v.0 I L-e 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 I c;i-h_ day of .7111y , 1986. Mayor FITTEST: City Clerk i. APPROVED, City Administrative OfficcIr City At rney Community `' clopmcnt Director J �/t 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 (Titla 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 plc.ns 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 � - S-Is 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 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 2 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 map 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 ,324,6531 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 ana 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). 3 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 109 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. 4 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 foils 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 .ogrees 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 #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. 5 r 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 n Siaa Corporation MAYOR Bil Co Ion Vice President ATTEST: CITY CLERK Approved as to form: City Attorney City Engineer Agr-1376 by 6