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HomeMy WebLinkAbout08/03/1993, C-16 - CONSIDERATION OF AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2), EXTENDING THE TIME TO SUBMIT THE SURETY TO GUARANTEE THE SUBDIVISION IMPROVEMENTS. (ROB ROSSI, SUBDIVIDER) u11�1�1� 1__„I�III city o f san lui s oBi spo MEETING DATE: VIII �a= August 3 1993 TE COUNCIL AGENDA REPORT ”"NUMSM.6 NAW / FROM: k Michael McCluskey, Public Works Director t Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Consideration of an amendment to the subdivision agreement for Tract No. 1750 (Units 1 & 2), extending the time to submit the surety to guarantee the subdivision improvements. (Rob Rossi, Subdivider) CAO RECOMMENDATION: Adopt resolution amending the subdivision agreement to allow for an additional 90 days to submit the surety guaranteeing the subdivision improvements for Tract No. 1750 (Units 1 & 2). BACKGROUND: Tract No. 1750 (Units 1 & 2) was "conditionally approved" on November 10, 1992 per Resolution No. 8086 (1992 Series). All conditions were met to allow the recordation of the final map except submittal of the surety. The Subdivider had been working on securing bonds and was confident that they would be issued soon after that approval. The recordation was conditioned upon submittal of the surety within 90 days. Apparently, due to the economy and other factors, 90 days was not adequate to complete the issuance of the bonds and the Council granted two additional 90 day extensions in order to secure the bonds per Resolution No. 8119 and 8163 (1993 Series). That current deadline is August 9, 1993. Staff has been in conversation with the developer regarding the status of the bonds. Due to the subdividers inability to secure the bonds by August 9th, Mr. Rossi has requested another 90 day extension of the subdivision agreement. The Faithful Performance and Labor & Materials bonding amounts are $1,966,500.00 and $ 983,250.00, respectively. The conditions of this PUD are duplicate conditions of Tract 1750 (Units 1 & 2). As mentioned above, the final map has not yet been recorded, nor have the Islay Hill open-space and Islay Park deeds, pending the submittal of the surety. All fees have been received as noted on the Fee and Bond List. If the time extension is not granted, certain fees would also need to be returned to the Subdivider. The Subdivider has executed the attached additional amendment to the Subdivision Agreement providing for a 90 day extension to November 8, 1993 in order to submit the necessary surety. ALTERNATIVES: Option 1: Deny extension of the time to submit the subdivision surety. ii�Hl�>�iii(�II1111111�1° ���U city of San IWS OBISpo - - %_ COUNCIL AGENDA REPORT Tract No. 1750 (Units 1 & 2) Meeting of August 3, 1993 Page Two I I CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION: j The final map would not be recorded and the Subdivider would need to process a new tentative and final map. A question of validity of the recently approved tentative map (Tract 2134) would be an issue, since that map was processed as a re-subdivision of this tract. Under the Subdivision Agreement, the Subdivider agrees to install "all" of the park improvements without any City capital funds. This savings to the City of several thousand dollars, as compared to the phasing and financial plan approved with the tentative map for this tract and provided for in the Edna-Islay Specific Plan would be lost. The residents in the existing homes in the Arbors development have been eagerly awaiting the park development, having contributed towards its development via $ 750 per lot assessments, paid to the City through escrow, as the homes were sold. The Open-Space easement deed for Islay Hill would be returned. It would still be a condition of a new subdivision, but may not be dedicated as early in the development of the area per the Specific Plan. The lot for the Housing Authority would not be created for development until a new subdivision was processed and recorded. i FISCAL IMPACT: There are no new fiscal impacts related to the recommended action. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. I Attachments: 1 - Draft resolution and agreement amendment 2 - Resolution No. 8119 (1993 Series) 3 - Map 4 - Resolution No. 8086 (1992 Series) 5 - Resolution No. 8163 (1993 Series) 6 - John Dunn Memo 7/26/93 P:\WP61�DHavie.%T 17 GOUXT.wp //^•/ /n RESOLUTION NO. (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series), subject to submittal of adequate surety by February 10, 1993, guaranteeing installation of the required subdivision improvements , and WHEREAS, the City Council approved an amendments to the subdivision agreement per resolution No. 8119 (1993 Series) on February 6, 1993 which extended the time to submit the surety to May 11, 1993, and per resolution No. 8163 (1993 Series) on May 4, 1993 which extended the time to submit the surety to August 9, 1993, and WHEREAS, the Subdivider has requested an additional 90 days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before November 8, 1993, or this approval shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. On motion of , seconded by and on the following roll call vote: C-�(o 13 Resolution No. (1993 Series) Page Two AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1993. ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM: , City Att ey APPROVED: City Administrative Officer P:\W P51\DFev1ew\T17503XT.wp C�6-�f EXHIBIT A SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT, dated this I day of , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER" , and the City of San Luis Obispo, herein referred to as "City". WITNESSETH: Reference is hereby made to that certain 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. 1750 (Units 1 & 2) , as approved by the City Council on November 10, 1992 . WHEREAS, a Subdivision Agreement was entered into between the above-mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for satisfactory surety to be submitted by February 10, 1993 , and WHEREAS, the City Council approved an amendment to the subdivision agreement per Resolution No. 8119 (1993 Series) which extended the time to submit the surety to May 11, 1993 , and per Resolution No. 8163 (1993 Series) which extended the time to submit the surety to August 9, 1993 , and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. Tract No. 1750 (Units 1 & 2) Page Two NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified to extend the time to submit the required Faithful Performance and Labor & Materials surety by 90 days to November 8, 1993 . All other provisions of the aforementioned Subdivision Agreement shall remain in force. IN WITNESS WHEREOF, this agreement has been executed by: SU I I ER bin L. Rossi APPROVED: City of San Luis Obispo MAYOR - Peg Pinard - ATTEST: CITY CLERK - Diane Gladwell APPROVED AS TO FORM: %4,^14 Q n tit^AJ i (12" C i3• l'L�'xGtv�� ge f�tgensen City Attorney G:�W P51\0Re view\T1 750\3XT.wp RESOLUTION NO. 8119 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS. 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series) , subject to submittal of adequate surety by February 10, 1993 , guaranteeing installation of the required subdivision improvements , and WHEREAS, the Subdivider has requested an additional 90 days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the Subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before, May 11, 1993 , or this approval shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. On motion of Council Member RaDAa , seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Rappa, Settle, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of February , 1993. (224 ATTEST: MAYOR leg Pinard CLE_ DianGladwell rCa6 Resolution No. 8119 (1993 Series) Page Two APPROVED AS TO FOR14: coft t7imel APPROVED: City A ministraive Officer e. q��./� Co\unity D velopment Director 1 City E gineer P:\WP51\DRewievAT1750ExLwp -16 EXHIBIT A SUBDIVISION AGREEMENT A14ENDMENT THIS AGREEMENT, dated this Sth day of February , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER" , and the City of San Luis Obispo, herein referred to as "City" . WITNESSETH: Reference is hereby made to that certain 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. 1750 (Units 1 & 2) , as approved by the City Council on November 10, 1992 . WHEREAS, a Subdivision Agreement was entered into between the above-mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for satisfactory t ' surety to be submitted by February 10, 1993 , and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified pursuant to the attached Exhibit A, so as to extend the time to submit the required Faithful Performance and Labor & Materials surety by 90 days to May 11, 1993 . All other provisions of the aforementioned Subdivision Agreement shall remain in force. 1-11 -9 Tract No. 1750 (Units 1 & 2) Subdivision Agreement Amendment Page Two IN WITNESS WHEREOF, this agreement has been executed by: SU IDER in L. Rossi APPROVED: City of San Luis Obispo MAYPeg Pinard ATTEST: ,�m- Kn CLTX CLERK - Dia Gla well APPROVED AS TO FORM: J/,Of y J rge sen City At me APPR ayne A. Peterson Acting Public Wor s Director or rndld B. Jo as Community Development Director GAWP5710ReAew\T1750ExLwP C�10�0 C11 cz - 1. . � � F�� •\ �;',� .. i'•'„•27 moi/•. �:a� .1 ia.. [tt .•i •pp� - Ell fY�c11 C "s•.R a cr . 3Yat .� . - .. fit• ' r1 ^\k`"�''�� '; 'jii;t�• •� : �:.�; ? • . t �Y�at ..f/ :tat. • tz .. - z ' _ �:tel . • �4 .. � ,;,�'� ' d�': . �, _i' • al . '-a is 9 . i 4 ..@ �F a �i a o � •! ! - . c.�`2 � - . t. }t,11 yy FF kk Y } 1 J RESOLUTION NO. 8086 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINDL MA*P..FOR TRACT NO.'. 1750 (Units 1 & 2) , _ ACCEPTING •A DEED FOR ISLAY HILL PP_R:< AND AN OPEN-SPACE EASEMENT FOR ISLAY HILL- (Rob Rossi, Subdivider) WHEREAS, the City Council made certain findings concerning Tract' 1750 as contained in _Resolution No. 6874 (1990 Series) , and WHEREAS, a &rant deeds for "Islay. Hill Park" (fee title) and an open-space easement for "Islay Hill" have been offered by the Subdivider, and WHEREAS, a covenant to guarantee future installation of standard frontage improvements and utilities along the Orcutt Road frontages of the Islay*Hill open-space lot (Lot 5) and remainder pzrcel has been submitted, and WHEREAS, all other conditions required per Resolution 2:o. 6874 (1990 Series) for Units 1 .&' 2 of. said Tract No. 1750 have been net_' = and/or will be guaranteed under a Subdivision Agreement (attached Exhibit "A") and acceptable surety to guarantee Faithful Performance ($ 1,966, 500) and Labor & Materials ($ 983, 250) , and/or . are conditions. of building permits. The surety shall ba submitted on, or be'fl ore, ..__ February _10, 1993,_ or this resolution shall become null and void. The final nap shall not be recorded until submittal and approval of the surety, ' to the satisfaction of the City Attorney. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No'. 1750 (Units 1 & 2) and the Mayor is hereby authorized to aDDrove the Subdiv_isi on =Gree-.?nt and to cCCcp ^.0 deeds for Islay :sill Parr and tha Islay Hill cpa.-:--_ace =a a_=n c __'half of the City. Resolution No. 8066 (1992 Series) Page Two On notion of Council member RaDDa, seconded by Council Member Reiss and on the following roll call vote: . AYES: Council Members Rappa, Reiss, Roalman, and Mayor Dunin: NOES: Council Hezber Pinard ABSENT: None the foregoing Resolution was passed and adopted•.this. 10th day of November, 1992 . ATTEST• MAYOR RON UNIN. F . iY CLQ D GLUTWIELL APPROVED AS TO FORM: tv, tt APPROVED: dm nistrative Officer Co��munity Dev ment Director City Engineer Finance Director 1 : - : \j 71\D aview\T17-50\F1,-.31 :�_L' .'+:7 RESOLUTION NO.81'�1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series), subject to submittal of adequate surety by February 10, 1993, guaranteeing installation of the required subdivision improvements , and WHEREAS, the City Council approved an amendment to the subdivision agreement per resolution No. 8119 (1993 Series) on February 6, 1993 which extended the time to submit the surety to May 11, 1993, and WHEREAS, the Subdivider has requested an additional 90 days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before August 9, 1993, or this approval shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. Council Member Council Member On motion of Settle seconded by Rappa and on the following roll call vote: R-81 3 Resolution No8163 1993 Series) Page Two AYES: Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of May . 1993. ATTEST: MAYOR PEG PINARD ©- 0 �. �E121{ DL4NE WELL . APPROVED AS TO FORM: i tto ey APPROVED: Ci Administra ve.5-ccr P.\W P51\DReview\TN 7502Xi.wp l/ / r r• EXHIBIT A SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT, dated this 5th day of May , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER", and the City of San Luis Obispo, herein referred to as "City". WITNESSETH: Reference is hereby made to that certain 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. 1750 (Units 1 & 2) , as approved by the City Council on November 10, 1992 . WHEREAS, a Subdivision Agreement was entered into between .the above-mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for. satisfactory surety to be submitted by February 10, 1993 , and WHEREAS, the City Council approved an amendment to the subdivision agreement per Resolution No. 8119 (1993 Series) which extended the time to submit the surety to May 11, 1993 , and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified to extend the time to submit the required Faithful Performance and Labor & Materials surety by 90 days Tract No. 1750 (Units 1 & 2) Page Two to August 9, 1993 . All other provisions of the aforementioned Subdivision Agreement shall remain in force. IN WITNESS WHEREOF, this agreeme has been executed by: / S DER obin L. Rossi APPROVED: City of San Luis Obispo MAYOR - P g Pinard ATTEST: C CLERK - 'Diane�91adwell APPROVED AS TO FORM: f y or ns . i At or APPROVED: IL John Dunn City Administrati a Officer Mic 1 Mcclusk y Pu is Work(s� rector Arnold B. Jo a Community De v _ opment Director G:\WP51TReview\T1753\2XT.wp MEMORANDUM :::::..................................... . .:.::: :. .:...�::::::::::::........::^ ::i::::.:.ii "::.:i+':i: �:i:i::`ii'ii!.i::ii:::% �: DATE: July 26, 1993 TO: Diane Gladwell FROM: John Du � SUBJECT: CONSENT ITEM FOR AUGUST 3 1993 COUNCIL MEETING Rob Rossi has requested that the following item be included on the August 3, 1993 agenda as a consent item: Extension of agreement to provide surety for Tract 1750, units 1 & 2, Edna-Islay Thank you. JD:cm c: Mike McCluskey Wayne Peterson Jerry Kenny