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
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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
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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
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City o f Su. _ LUIS OBISPO
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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.
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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.
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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 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.
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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
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