HomeMy WebLinkAbout06-28-2017 Mission Medical Patagona Agreement - Tract 2928 - 1321 OsosSUBDIVISION AGREEMENT
THIS AGREEMENT is dated thisday of j V 201 by and
between Mission Medical Patagona, L.P., a Delaware limited partnership, 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 the Final Map of Tract 2928, City of San Luis Obispo,
California, as approved by the City Council on the QNI,,day of J on e'_ _,201--L
The Subdivider desires that said Tract 2928 be accepted and approved as a Final
Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 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 plans 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. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER and SEWER SERVICES
4. LANDSCAPING
1
5. DRAINAGE STRUCTURES
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 project
approvals.
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.
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 twelve (12) 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
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 subdivision improvements unless
specifically approved by the City.
10
The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $120,700 which is the
amount of the estimated cost of said improvements that remain to be completed from the
original $347,000 of required improvements. Per Sec. 66499.7(d) of the Government
Code of the State of California, a reduction in the performance security, is not, and shall
not be deemed to be, an acceptance by the City of the completed improvements, and the
risk of loss or damage to the improvements and the obligation to maintain the
improvements shall remain the sole responsibility of the subdivider until all required public
improvements have been accepted by the local agency and all other required
improvements have been fully completed in accordance with the plans and specifications
for the improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after final completion and acceptance thereof. In accordance with
3
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 retain a security in the amount of
$34,700, which is 10% of the total estimated cost of subdivision improvements. 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.
As authorized by the City Council for Tract 2928, completion of the work shall be
deemed to have occurred on the date of written notice from the Public Works Director
stating that said improvements have been accepted and completed according to said
plans and specifications, and any approved modifications thereto, and that the faithful
performance security can be released. Neither periodic nor progress inspections or
approvals shall bind the City to accept said improvements or waive any defects in the
same or any breach of this agreement.
"AS -BUILT" record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has 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 has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements $173,500 in accordance
with State law.
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
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 are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review ("Indemnified Claims")
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
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 copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
5
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
Mission Medical Patagona, L.P.
a Delaware limited partnership
BY: Mission Patagona GP, LLC
a Delaware limited liability company
Its: General Partner
By:
Charles braff, Manager
CITY OF SAN LUIS OBISPO
ATTEST:
CITY CLERK Carrie Gallag r
EXHIBIT 1
TRACT 2928
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,800 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
Subdivider shall adhere to the requirements of California Business and Professions Code
Section 8771 with regards to monument conservation.
2., Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall comply with all requirements of Council Resolution 10531 (2014
Series) approving the tentative map.
7
EXHIBIT 2
TRACT 2928 - FEE AND BOND LIST
1321 OSOS
NOTE: Resolution No. (2017) approving the final map also authorized the Public Works Director to accept the
subdivision improvements and release the securities.
7 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
Amount Form
Date Received
Bond Release Status
Bonds and Guarantees:
Total Faithful Performance
$120,700
Bond
6/5/17
Can be released upon City acceptance of
improvements and deposit of one-year
wagantysure
Labor & Materials (50% of total cost of
$173,500
Bond
6/5/17
Can be released 90 days after
improvements
acceptance of improvements, if no
claims. Civil Code Section 8412
Monument Guarantee
$1,800
CD
6/5/17
Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty
$34,700
To be
Can be released one-year after
collected prior
acceptance of improvements, if no
to release of
defects.
Faithful
Performance
Bond
Fees:
Map Check Fee
$12,241 Check
3/25/16
Plan Check Fee
To be collected with building permit
Improvement Plan Inspection
To be collected with encroachment permit
Park In -Lieu Fee'
$41,382 Credit Card
1 6/5/17
Parkin In -Lieu Fee'
90 592 To be paid prior to occupancy
Water Impact Fee'
To be collected with building permit
Wastewater Im act Fee'
To be collected with building permit
Transportation Impact Fee
To be collected with building permit
NOTE: Resolution No. (2017) approving the final map also authorized the Public Works Director to accept the
subdivision improvements and release the securities.
7 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.