HomeMy WebLinkAboutCC_2021_07_13_071321_C4a Impr & Reimb Agreement MP Annex - SR1
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IMPROVEMENT AND REIMBURSEMENT AGREEMENT
This Improvement and Reimbursement Agreement (“Agreement”) is made and entered
into by and between the City of Atascadero, a municipal corporation, hereinafter referred to as
“City,” and M P Annex, LLC, hereinafter referred to as “Developer.” The City and Developer
are collectively referred to herein as the “Parties”. This Agreement shall be effective on the date
the Agreement is signed by the City (“Effective Date”).
RECITALS
A. Developer is completing a commercial development conditioned by City of
Atascadero Planning Commission Resolution 2019-0031, dated November 5, 2019, including a
Conditional Use Permit and Lot Line Adjustment for the Commercial Center at 1990, 1920 and
1950 El Camino Real. The subsequent plans submitted to the City for review (permit PIP19-
0084) were named Del Rio Commercial Development Public Improvement Plans at 1920 El
Camino Real, located at the northwest corner of Del Rio Road and El Camino Real (“Approved
Development”).
B. In addition to the Developer completing certain offsite improvements during the
Approved Development per such Approved Development’s Conditions of Approval (“Developer
Improvements”), the City has requested that Developer complete additional improvements as
outlined in Attachment “A” and herein referred to as the “Reimbursable Improvements”, which
improvements are not a part of the Conditions of Approval and include primarily Del Rio Road
frontage improvements (retaining wall, AC Dike, storm drain inlet, storm drain pipe and
connection to existing storm drain manhole (and trenching), paving outside of the Approved
Development, grading and fill for retaining wall and road, guard rail, traffic signal
improvements/modifications, and curb ramp on southwest corner of Del Rio and El Camino Real
The Developer has agreed to complete the Reimbursable Improvements for the City at the same
time as the Developer Improvements.
NOW, THEREFORE, the parties agree as follows:
1. Reimbursement for Costs. The City agrees to reimburse Developer for the costs
associated with the Reimbursable Improvements, including the cost for design (including survey
work), coordination, construction, and cost to develop the cost sharing agreements. For
construction, the City will reimburse the Developer on a monthly basis subject to progress
payment requests. See Paragraph 13 below for Partial Payment for Reimbursable Improvements.
(a) For non-construction costs related to the Reimbursable Improvements,
including but not limited to, design (including survey work), bonding costs, permit costs,
coordination, and cost to develop the cost sharing agreements, the City shall reimburse when
invoice(s) are submitted with the detailed information of the time and materials spent by
Developer and consultants.
(b) Developer to be responsible to provide the City itemized invoices showing
work was specifically for Reimbursable Improvements. City Engineer, or designated
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representative, shall review and approve according to City procedures. Subject to submission of
required invoicing, the City will reimburse Developer on a monthly basis.
2. Reimbursement Improvement Contract. Developer shall enter into a separate
contract for all work related to the Reimbursable Improvements (the “Reimbursable
Improvement Contract”). The Reimbursable Improvement Contract must attach the Addendum
in the form set forth in Attachment ”B”. Developer must submit Reimbursable Improvement
Contract to the City for approval prior to execution to ensure the appropriate details are included.
3. Encroachment Permits. Developer (and Contractors) will also be required to
obtain a separate Encroachment Permit to complete the Reimbursable Improvements. The
Encroachment Permit will include, among other provisions, requirements for indemnity of the
City and insurance. A sample Encroachment Permit is attached hereto as Attachment “C”.
4. Performance of Work. Developer agrees to furnish, construct and install at the
Developer’s initial expense the Reimbursable Improvements as shown on the plan and
specifications, a copy of which is on file in the office of the City Engineer, along with any
changes or modifications as may be required by the City Engineer due to errors, omissions, or
changes in conditions. The plans and specifications of the Reimbursable Improvements may be
modified by the Developer and/or City as the development progresses, subject to the prior
written approval of the City Engineer. The total estimated cost of the Reimbursable
Improvements, as determined by the Cit y Engineer, is Seven Hundred and Thirty-Three
Thousand Dollars ($733,000) for bonding purposes. The actual amount to be paid for the work
shall be actual costs incurred in performing the Reimbursable Improvements.
5. Work; Satisfaction of City Engineer. All of the work on the Reimbursable
Improvements shall be done at the places, of the materials, and in the manner and at the grades,
all as shown upon the approved plans and specifications and the City’s Improvement Standards
and Specifications, to the satisfaction of the City Engineer or the designee of the City Engineer.
Developer shall protect, maintain and repair all Reimbursable Improvement work installed by
Developer prior to the acceptance of the Developer and Reimbursement Improvements.
6. Injury to Public Improvements, Public Property or Public Utilities Facilities .
Developer shall replace or repair, or have replaced or repaired, all public improvements, public
utility facilities, and surveying or property monuments which are destroyed or damaged in the
performance of any work under this Agreement. Developer shall bear the entire cost of
replacement or repairs of any and all public or private utility property damaged or destroyed in
the performance of any work done under this Agreement, whether such property is owned by the
United States or any agency thereof, or the State of California, or any agency or political division
thereof, or by the City or any public or private utility corporation or by any combination of such
owners. Any repair or replacement shall be to the satisfaction of the City Engineer.
7. Inspection by City. Developer shall at all times maintain proper facilities and safe
access for inspection of the Reimbursable Improvements by City and to the shops wherein any
work is in preparation. Upon completion of such work, the Developer may request a final
inspection by the City Engineer or the City Engineer’s representative. If the City Engineer or the
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designated representative determine that the work has been completed in accordance with this
Agreement, then the City Engineer shall recommend the acceptance of the public improvements
to the City Council. No improvements shall be finally accepted unless all aspects of the work
have been inspected and determined to have been completed in accordance with the
Improvement Plans and City standards and the City Council has taken action to accept the
improvements. Developer shall bear all costs of plan check, inspection and certification.
8. Developer’s Obligation to Warn Public During Construction. Until final
acceptance of the Reimbursable Improvements, Developer shall give good and adequate warning
to the public of each and every dangerous condition relating to the Reimbursable Improvements
and will take reasonable actions to protect the public from such dangerous condition.
9. Superintendence by Developer. Developer shall be responsible for the
supervision of the Reimbursable Improvement work. Developer shall require each contractor and
subcontractor to have a competent foreman on the job at all times when that contractor or
subcontractor, or any employee or agent thereof, is performing work on the Reimbursable
Improvements. In addition, Developer shall maintain an office with a telephone and Developer
or a person authorized to make decisions and to act for Developer in Developer’s absence shall
be available on the job site within three (3) hours of being called at such office by the City
during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or
time when work is being performed on the Reimbursable Improvements. Furthermore,
Developer shall designate and provide contact information for a qualified representative who is
familiar with the Reimbursable Improvements and is available for after hours and weekend
urgencies during construction of the Reimbursable Improvements.
10. Time for Completion of Performance. The Reimbursable Improvement work
shall be completed within two (2) years of the Effective Date of this Agreement (hereafter
“Completion Date”) unless the City has extended the Completion Date in the manner provided
by Paragraph 11 of this Agreement. The Reimbursable Improvements shall not be deemed to be
completed until accepted in writing by the City.
11. Time of Essence; Extension.
(a) Time is of the essence of this Agreement. The City Engineer may extend
the Completion Date for a maximum of an additional two (2) years. Any extensions of the
Completion Date by the City Engineer shall be in the sole and complete discretion of the City
Engineer, subject to day for day extensions for force majeure or City caused delays. All other
extensions of the Completion Date shall be made only by the City Council. Extensions shall be
granted only upon a showing of good cause by the Developer at a City Council meeting. Any
extensions of the Completion Date by the City Council shall be in the sole and complete
discretion of the City Council.
(b) Requests for extension of the completion date shall be in writing and
delivered to the City in the manner hereinafter specified for service of notices. An extension of
time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding
on the City.
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(c) If the City extends the time for completion of the any work on public
improvements, such extension may be granted without notice by the City to the Developer’s
surety and shall in no way release any guarantee or security given by the Developer pursuant to
this Agreement nor relieve or release those providing an improvement security pursuant to this
Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have
waived notice of any such extensions and expressly agreed to any such extension of time.
(d) In granting any extension of time, the City may require new or amended
improvement security in amounts increased to reflect increases in the costs of constructing the
Reimbursable Improvements or impose other conditions to protect its interests and ensure the
timely completion of the Reimbursable Improvements.
12. Utility Undergrounding and Relocation Costs. Developer shall assume all costs
for utility and cable television undergrounding and/or relocation, if any, which is not the
responsibility of the cable television, gas, electric, telephone, or other utility company under the
terms of the franchises with the City or otherwise imposed upon the utility companies by law.
13. Partial Payments for Reimbursable Improvements. Between the 1st and 5th day
of each month, the City Engineer, or designated representative, along with the Developer, or
designated representative, shall make an approximate estimate of the value of the work done
during the prior month. Whenever the said estimate or estimates of work done since the last
previous estimate exceeds Three Hundred Dollars ($300.00) in amount, ninety-five percent
(95%) of such estimated sum will be paid to the Developer on or before the 30th day of the that
month, with the remaining five percent (5%) retained by the City until final completion of all
Reimbursable Improvements.
(a) The estimated value of work done may include seventy-five percent (75%)
of the net invoice value of acceptable nonperishable materials delivered to the work site.
Developer shall furnish to the City Engineer such detailed information as he may request to aid
him as a guide in the preparation of the estimate.
(b) It is understood that the estimates from month to month will be
approximate only and all monthly estimates and payments will be subject to correction in
subsequent estimates, and the making of progress payments shall not in any respect be taken as
an admission of the City of the amount of work done or of its quality or sufficiency, nor as an
acceptance of the work or release of Contractor/Developer of any responsibility under their
Contract.
(c) No such estimate or payment shall be required to be made when, in the
judgment of the City Engineer, the work is not proceeding in accordance with the provisions of
the Developer’s Contract, or when, in his judgment, the total value of the work done since the
last estimate amounts to less than Three Hundred Dollars ($300.00).
14. Improvement Security. Concurrently with the execution of this Agreement, the
Developer shall furnish the City with:
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(a) Payment Bond. Developer shall also provide a Payment Bond to secure
payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or
materials to them for the Reimbursable Improvements work (the “Payment Bond”). This
Payment Bond shall be in the amount of 100% of the total estimated cost of the Reimbursable
Improvements work as determined by the City Engineer and shall secure the obligations set
forth in California Civil Sections 9550 and 9554.
(b) Guarantee and Warranty Security. Developer shall also file with this
Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total
estimated cost for the Reimbursable Improvements, as determined by the City Engineer, to
guarantee and warrant the Reimbursable Improvements for a period of one year following their
completion and acceptance by the City Council against any defective work or labor done, or
defective materials furnished.
(c) All required securities shall be in a form approved by the City Attorney.
(d) Any bonds submitted as security pursuant to this section shall be executed
by a surety company authorized to transact a surety business in the State of California. These
bonds shall be furnished on the forms enclosed following this Agreement and shall be
satisfactory to the City. The bonds shall be obtained from a responsible corporate surety (or
sureties) acceptable to the City, which is licensed by the State of California to act as surety upon
bonds and undertakings and which maintains in this State at least one office for the conduct of its
business. The surety (or sureties) shall furnish reports as to its financial condition from time to
time as requested by the City. The premiums for said bonds shall be paid by Developer.
(e) Any bonds submitted as security pursuant to this paragraph shall be
furnished by companies who are authorized and licensed by the Insurance Commissioner as
“admitted surety insurers.” Bonds must be approved by City. Before approving the proposed
surety and in order to assess the sufficiency of the Surety, the Surety shall provide the City with
an original of a certificate from the clerk of San Luis Obispo County that the certificate of
authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or,
in the event that it has, that renewed authority has been granted.
(f) No change, alteration, or addition to the terms of this Agreement or the
plans and specifications incorporated herein shall in any manner affect the obligation of the
sureties.
(g) The securities shall be irrevocable, shall not be limited as to time (except
as to the one-year guarantee and warranty period) and shall provide that they may be released, in
whole or part, only upon the written approval of the City Engineer and as provided in Paragraph
15. All securities provided pursuant to this Agreement shall expressly obligate the surety for any
extension of time authorized by the City for Developer’s completion of the Reimbursable
Improvements, whether or not the surety is given notice of such an extension by the City.
(h) The Attorney-in-Fact (resident agent) who executes the securities on
behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his
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authority. A notary shall acknowledge the power as of the date of the execution of the surety
bond that it covers.
15. Release of Security. Any partial or complete release of any security must be
approved by the City Council, and any partial or complete release that has not been approved by
the City Council shall be null and void.
16. Inspection and Other Fees. The Developer shall pay to the City all fees imposed
in connection with the construction and inspection of the Reimbursable Improvements. These
fees must be paid in full prior to the City’s acceptance of the Reimbursable Improvements. The
fees referred to above are not necessarily the only City fees, charges or other costs that have
been, or will be, imposed on the Reimbursable Improvement work, and this Agreement shall in
no way exonerate or relieve the Developer from paying such other applicable fees, charges,
and/or costs.
17. Defense, Indemnification and Hold Harmless. To the fullest extent permitted by
law, the Developer, and its contractor, shall indemnify, defend and hold harmless, City and any
and all of City’s boards, officers, employees, agents, assigns, and successors in interest through
legal counsel reasonably acceptable to the City, from and against any and all claims losses,
demand and expenses, including, but not limited to, attorney’s fees and cost of litigation, on
account of bodily injury, including death, or property damage arising out of or in any way
connected to the work performed by Developer under this Agreement. Without affecting the
rights of City under any provision of this Agreement, Developer shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of the City,
provided such active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Developer will be for that entire portion or percentage of
liability not attributable to the active negligence of City.
(a) This defense, indemnification and hold harmless provision shall extend to
claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring
after completion of the construction of the Reimbursable Improvements as well as during
construction, and shall apply regardless of whether or not the City has prepared, supplied or
approved the plans and/or specifications for the Reimbursable Improvements or has inspected or
accepted the same. Acceptance of insurance required under this Agreement shall not relieve
Developer from liability under this defense, indemnification and hold harmless provision.
(b) The parties intend that this provision shall be broadly construed to
effectuate its purpose.
18. Environmental Warranty.
(a) Prior to the acceptance of any dedications or improvements by City,
Developer shall certify and warrant that: neither the property to be dedicated nor Developer are
in violation of any environmental law and neither the property to be dedicated nor the Developer
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are subject to any existing, pending, or threatened investigation by any federal, state or local
governmental authority under or in connection with any environmental law. Neither Developer
nor any third party will use, generate, manufacture, produce, or release, on, under, or about the
property to be dedicated, any hazardous substance, except in compliance with all applicable
environmental laws. Developer has not caused or permitted the release of, and has no
knowledge of the release or presence of, any hazardous substance on the property to be dedicated
or the migration of any hazardous substance from or to any other property adjacent to, or in the
vicinity of, the property to be dedicated. Developer’s prior and present use of the property to be
dedicated has not resulted in the release of any hazardous substance on the property to be
dedicated. Developer shall give prompt written notice to City at the address set forth herein of:
(i) Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any hazardous substance on the property
to be dedicated or the migration thereof from or to any other property adjacent to, or in the
vicinity of, the property to be dedicated;
(ii) Any claims made or threatened by any third party against City or
the property to be dedicated relating to any loss or injury resulting from any hazardous
substance; and
(iii) Developer’s discovery of any occurrence or condition on any
property adjoining or in the vicinity of the property to be dedicated that could cause the property
to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy,
use for the purpose for which it is intended, transferability, or suit under any environmental law.
(b) As used in this Agreement, the term “hazardous substance” includes any
hazardous or toxic substance or material or waste, including but not limited to all types of
gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols
(PCBs), or any other chemical, material, controlled substance, object, condition, waste, living
organism or any combination thereof which is or may be hazardous to human health or safety or
to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity,
toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties
of effects, which is now, or in the future becomes, listed, defined or regulated in any mann er by
any federal, state, or local City based directly or indirectly upon such properties.
19. Developer’s Insurance. Developer is required to comply with the insurance
requirements included in the Encroachment Permit (see Attachment “C”) for work related to the
Reimbursable Improvements.
20. Prevailing Wage. Reimbursement Improvements will be subject to Prevailing
wage requirements according to Attachment B. The Developer shall pay all penalties and wages
as required by applicable law, and hold harmless, defend and indemnify the City for any liability
the City may have for penalties and wages as required by applicable law.
21. Title to Reimbursable Improvements. The City shall not accept any real property
to be dedicated or the Reimbursable Improvements unless they are constructed in conformity
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with the approved plans and specifications, approved modifications, if any, the approved final or
parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City
Engineer. Until such time as the Reimbursable Improvements are accepted by the City,
Developer shall retain title and shall be responsible for, and bear the risk of loss to, any of the
improvements constructed or installed.
(a) Title to and ownership of any real property to be dedicated and the
Reimbursable Improvements constructed under this Agreement by Developer shall vest
absolutely in the City upon completion and acceptance in writing of such Required
Improvements by City. The City shall not accept the Reimbursable Improvements unless title to
the Reimbursable Improvements is entirely free from lien. Prior to acceptance, Developer shall
supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.
22. Repair or Reconstruction of Defective Work. If, within a period of one year after
final acceptance by the City Council of the Reimbursable Improvements, any improvement or
part of any improvement furnished and/or installed or constructed, or caused to be installed or
constructed by Developer, or any of the work done under this Agreement materially fails to
fulfill any of the requirements of this Agreement or the specifications referred to herein,
Developer shall without delay and without any cost to City, repair, replace or reconstruct any
defective or otherwise unsatisfactory part or parts of the improvements. If the Developer fails to
act promptly or in accordance with this requirement, or if the exigencies of the situation require
repairs or replacements to be made before the Developer can be notified, then the City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of s uch repairs plus fifteen percent (15%) within
thirty (30) days of the date of billing for such work by City. If the Developer fails to comply
with the provisions of this Paragraph, then the Surety shall be required to do so.
23. Developer Not Agent of City. Neither Developer nor any of Developer’s agents,
contractors, or subcontractors are or shall be considered to be agents of the City in connection
with the performance of Developer’s obligations under this Agreement.
24. Notice of Breach and Default. The following shall constitute a default under this
Agreement: If Developer refuses or fails to prosecute the work on the Reimbursable
Improvements, or any part thereof, with such diligence as will ensure its completion within the
time specified, or any extension thereof, or fails to complete the Reimbursable Improvements
within such time; if Developer should be adjudged a bankrupt, or Developer should make a
general assignment for the benefit of Developer’s creditors, or if a receiver should be appointed
in the event of Developer’s insolvency; or if Developer or any of Developer’s contractors,
subcontractors, agents or employees should violate any of the provisions of this Agreement. In
the event of Developer’s default, Developer shall be deemed to be in breach of this Agreement
and the City may serve written notice upon Developer and Developer’s surety, if any, of the
breach of this Agreement. Developer shall have fifteen (15) days from receipt of written notice
by City to cure any default.
25. Notices. All notices required under this Agreement shall be in writing, and
delivered in person or sent by registered or certified mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Notices required to be given to Developer shall be addressed as follows:
Clint Pearce, Manager
M P Annex, LLC
284 Higuera St.,
San Luis Obispo CA 93401
Any party may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
26. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement.
27. Attorneys’ Fees. If any legal action is brought to enforce or interpret this
Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in
addition to any other relief to which it may be entitled.
28. Personal Nature of Developer’s Obligations/Assignment. All of Developer’s
obligations under this Agreement are and shall remain the personal obligations of Developer
notwithstanding a transfer of all or any part of the Project, and Developer shall not assign any of
its obligations under this Agreement without the prior written consent of the City.
29. Acquisition and Dedication of Easements or Rights-of-Way. The parties
acknowledge that parts of Reimbursable Improvements are to be constructed or installed on land
that is being obtained by the City from Developer via separate agreement. If additional property
is required with no existing public right-of-way, no construction or installation shall be
commenced before:
(a) The irrevocable offer of dedication or conveyance to City of appropriate
rights-of-way, easements or other interests in real property, and appropriate authorization from
the property owner to allow construction or installation of the Reimbursable Improvements, or
(b) The issuance of an order of possession by a court of competent jurisdiction
pursuant to the State Eminent Domain Law. Developer shall comply in all respects with any
such order of possession.
(c) Nothing in this paragraph shall be construed as authorizing or granting an
extension of time to Developer for completion of the Reimbursable Improvements.
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30. Compliance with Laws. Developer, its agents, employees, contractors, and
subcontractors shall comply with all federal, state and local laws in the performance of the work
required by this Agreement, including but not limited to obtaining all applicable permits and
licenses.
31. No Vesting of Rights. Entering into this Agreement shall not be construed to vest
Developer’s rights with respect to any change in any zoning or building law or ordinance.
32. Approvals by City. Any approval or consent that is to be given by the City under
this Agreement shall be in writing, and any approval or consent that is not in writing shall not be
binding on the City.
33. Construction and Interpretation. It is agreed and acknowledged by Developer that
the provisions of this Agreement have been arrived at through negotiation, and that Developer
has had a full and fair opportunity to revise the provisions of this Agreement and to have such
provisions reviewed by legal counsel. Therefore, the normal rule of construction that any
ambiguities are to be resolved against the drafting party shall not apply in construing or
interpreting this Agreement.
34. Successors and Assigns -- Covenant Running With the Land. This Agreement
shall inure to the benefit of, and be binding upon, the successors and assigns of the respective
parties. A memorandum of this Agreement shall be recorded in the Office of the Recorder of
San Luis Obispo County. This Agreement shall constitute a covenant running with the land and
an equitable servitude upon the real property within the Project.
35. Severability. The provisions of this Agreement are severable. If any portion of
this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect u nless amended or modified by mutual written
consent of the parties.
36. Actions. Any action by any party to this Agreement, or any action concerning a
security furnished pursuant thereto, shall be brought in the appropriate court of competent
jurisdiction within the County of San Luis Obispo, State of California, notwithstanding any other
provision of law which may provide that such action may be brought in some other location.
The law governing this Agreement is the law of the State of California.
37. Integration. This Agreement is an integrated agreement; it supersedes all prior
negotiations, representations, or agreements, either written or oral, with regard to the
Reimbursable Improvements.
38. Modification. This Agreement may be amended only by a written instrument
signed by the parties. Developer shall bear all costs of amendments to this Agreement that are
requested by the Developer.
39. Execution of Agreement. This Agreement may be executed in counterparts and
signed and transmitted electronically with the same full legal force and effect as an executed
original.
ATTACHMENT “A”
REIMBURSABLE IMPROVEMENTS
EXP.NO. 551516/30/2022PIP19-0084CITY OF ATASCADEROPUBLIC IMPROVEMENT PLANS FORREVISIONSNO.DATEDESCRIPTIONRCECITYDRAWN BY:CHECKED BY:APPROVED BY CITY ENGINEER:NICHOLAS D. DEBAR, RCE 89291, CITY ENGINEERDATEDATE:SHEET NO.05/27/20211920 EL CAMINO REALSUSAN J. ROBERTS, RCE 55151DATEPREPARED BY:OF24SCALE:DESIGNED BY:STS / SJR / WGCJSW / WGCSJR1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863STREET IMPROVEMENT PLANC441" = 20'5/27/21Developer ImprovementsReimburseable Improvements * Items Highlighted in green within Reimbursable Improvements Area are Developer Responsibility.No work outside of future public ROW is included in Reimburseable ImprovementsReimbursable ImprovementsJuly 1, 2021Attachment A Exhibit of Reimbursable Improvements for Specific Plan Amendment at 1920 El Camino RealDashed line represents limits of Developer Improvements prior to request for Reimbursable Improvements for Del Rio Widening
EXP.NO. 551516/30/2022PIP19-0084CITY OF ATASCADEROPUBLIC IMPROVEMENT PLANS FORREVISIONSNO.DATEDESCRIPTIONRCECITYDRAWN BY:CHECKED BY:APPROVED BY CITY ENGINEER:NICHOLAS D. DEBAR, RCE 89291, CITY ENGINEERDATEDATE:SHEET NO.05/27/20211920 EL CAMINO REALSUSAN J. ROBERTS, RCE 55151DATEPREPARED BY:OF24SCALE:DESIGNED BY:STS / SJR / WGCJSW / WGCSJR1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863STREET IMPROVEMENT PLANC551" = 20'5/27/21Guard rail and Cable Railing on top of Wall City ResponsibilitySee C4 for small area of AC thatis Developer ResponsibilityAll of Wall: Reimbursable ImprovementReimbursable ImprovementsDeveloper Improvements
EXP.NO. 551516/30/2022PIP19-0084CITY OF ATASCADEROPUBLIC IMPROVEMENT PLANS FORREVISIONSNO.DATEDESCRIPTIONRCECITYDRAWN BY:CHECKED BY:APPROVED BY CITY ENGINEER:NICHOLAS D. DEBAR, RCE 89291, CITY ENGINEERDATEDATE:SHEET NO.05/27/20211920 EL CAMINO REALSUSAN J. ROBERTS, RCE 55151DATEPREPARED BY:OF24SCALE:DESIGNED BY:STS / SJR / WGCJSW / WGCSJR1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863RETAINING WALL PLAN & PROFILEC771" = 10'5/27/21Included for reference. See C4 andC5 for delineation of responsibility
EXP.NO. 551516/30/2022PIP19-0084CITY OF ATASCADEROPUBLIC IMPROVEMENT PLANS FORREVISIONSNO.DATEDESCRIPTIONRCECITYDRAWN BY:CHECKED BY:APPROVED BY CITY ENGINEER:NICHOLAS D. DEBAR, RCE 89291, CITY ENGINEERDATEDATE:SHEET NO.05/27/20211920 EL CAMINO REALSUSAN J. ROBERTS, RCE 55151DATEPREPARED BY:OF24SCALE:DESIGNED BY:STS / SJR / WGCJSW / WGCSJR1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863UTLILITY IMPROVEMENT PLANC991" = 20'5/27/21Developer Improvements Reimbursable Improvements All items in this plan view are Reimbursable Improvements except as noted above
ttssssssgggEL CAMINO REALt tt
ohpohpohpohpsdsdgggggttttttttgggggtttwwwwwwwwwwgggssssssssssssssssssssssohpohpohpohpsdXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXtttDEL RIO RDohtohtwgXXXXXXXXXXXXXXXsdwohpggggggggwwwXXXXXXXXXXXXXXXXXXXXXXXXXXXXXW-Trans490 Mendocino Avenue, Suite 201Santa Rosa, CA 95401(707) 542-9500 Fax (707) 542-9590EQUIPMENT TO BE REMOVED:EQUIPMENT TO BE ABANDONED IN PLACE:EQUIPMENT TO BE REPLACED:NOTES (THIS SHEET ONLY):LEGEND (FROM CALTRANS STANDARD PLAN ES-1A)Green areas denote Developer ImprovementsAll other work is under Reimbursable Improvements
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STOPD O N O TE N T E R
ohpohpohpohpohpsdsdggggggtttttttttgggggggtttwwwwwwwwwwwgggssssssssssssssssssssssssssssohpohpohpohpsdXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXttt46731EL CAMINO REAL2ohtohtwgXXXXXXXXXXXXXXXsdsdwwohpohpDEL RIO RDSohpohpttssggg
wwgggwXXXXXXXXXXXt ttt
ttttttwssssssssssssss54W-Trans490 Mendocino Avenue, Suite 201Santa Rosa, CA 95401(707) 542-9500 Fax (707) 542-9590LEGEND (FROM CALTRANS STANDARD PLAN ES-1A)←CONSTRUCTION NOTES (THIS SHEET ONLY)NORTHWEST CORNER DETAILCONDUIT LEGENDGreen areas denote Developer ImprovementsAll other work is Reimbursable Improvements
ATTACHMENT “B”
CONTRACT REQUIREMENTS FOR REIMBURSABLE IMPROVEMENTS
ADDENDUM TO CONTRACT FOR REIMBURSABLE IMPROVEMENTS
Section 1. Labor Code and Prevailing Wage Requirements.
1.1 Contractor agrees to comply with the requirements of California Labor Code
sections 1810 through 1815. Eight hours of labor constitutes a legal day’s work per Labor Code
section 1810. Contractor will forfeit the statutory penalty to City for each worker employed in the
execution of this Contract by Contractor or any subcontractor for each calendar day during
which such worker is required or permitted to work more than eight hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections
1810 through 1815.
1.2 Copies of the determination of the Director of the Department of Industrial
Relations of the prevailing rate of per diem wages for each craft, classification or type of worker
needed to execute this Contract are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
1.3 Contractor must post at the work site, or if there is no regular work site then at its
principal office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file
at City’s Department of Public Works and available to Contractor and any other interested party
upon request.
1.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than
the specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code
section 1776 relative to the retention and inspection of payroll records.
1.5 Contractor must comply with all provisions of Labor Code section 1775. Under
Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
1.6 Nothing in this Contract prevents Contractor or any subcontractor from employing
properly registered apprentices in the execution of the Contract. Contractor is responsible for
compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute
requires that contractors and subcontractors must submit contract award information to the
applicable joint apprenticeship committee, must employ apprentices in apprenticeable
occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor
performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to
the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise qualified
2
employees as apprentices solely on the ground of sex, race, religion, creed, national origin,
ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training
under apprenticeship standards and who have written apprentice contracts, may be employed
on public works in apprenticeable occupations.
1.7 Contractor has reviewed and agrees to comply with any applicable provisions for
any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement
of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a).
City hereby notifies Contractor that Contractor is responsible for submitting certified payroll
records directly to the State Compliance Monitoring Unit (CMU). For further information
concerning compliance monitoring please visit the website location at:
http://www.dir.ca.gov/dlse/cmu/cmu.html.
1.8 Contractor must comply with Labor Code section 1771.1(a), which provides that
Contractor may award any contracts and subcontracts for work that qualifies as a “public work”
only to subcontractors which are at that time registered and qualified to perform public work
pursuant to Labor Code Section 1725.5. Contractor must obtain proof of such registration from
all such subcontractors.”
1.9 If federal funds are used to pay for the Work, Contractor and any subcontractor
agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon
Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract
Work Hours and Safety Standards Act (40 USC § 327 and following).
Section 2. Non-Discrimination.
Contractor, its officers, agents, employees, and subcontractors may not discriminate in
the employment of persons to perform the Work in violation of any federal or state law
prohibiting discrimination in employment, including based on the race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, of any person, except as provided under California Government Code section
12940. Contractor is responsible for compliance with this section.
Section 3. General Legal Compliance.
3.1 In performing the Work, Contractor must comply with all applicable statutes, laws
and regulations, including, but not limited to, OSHA requirements and the Atascadero Municipal
Code.
3.2 Contractor must, at Contractor’s sole expense, obtain all necessary permits and
licenses required for the Work, and give all necessary notices and pay all fees and taxes
required by law, including, without limitation, any business license tax imposed by City.
3.3 Contractor must maintain a valid California Contractor’s License throughout the
term of this Contract.
ATTACHMENT “C”
SAMPLE ENCROACHMENT PERMIT APPLICATION AND GENERAL PROVISIONS
INFORMATION PROVIDED IS PUBLIC RECORD
ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY MUST BE PERFORMED BY A CONTRACTOR LICENSED TO
DO SUCH WORK. ISSUANCE OF THIS PERMIT IS AT THE SOLE DISCRETION OF THE CITY ENGINEER.
PERMIT SUBMITTALS WILL BE ACCEPTED MON – FRI BETWEEN 8:30 A.M. - 4:30 P.M.
Payment methods accepted: Cash or Check (we do not accept credit / debit cards)
Rec’d By: _________________
Encroachment / Submittal Fee:
$________________
Receipt No:
______________
PUBLIC WORKS DEPT:
ISSUED BY:________________
DATE:_____________________
ENCROACHMENT
PERMIT APPLICATION
City of Atascadero
6500 Palma Avenue, Atascadero, CA 93422
(805) 461-5035 (805) 461-7612 FAX
ENCROACHMENT PERMIT#
201___ - _______ - ___
(DATE STAMP RECEIVED)
Encroachment work is: Stand-Alone Project; Blanket Encroachment Permit (Public and Private Utilities Only); or
Part of Another Permitted Project Permit #BLD-201__- __________
Project Address or Location :______________________________________________________________________
X-Streets: _______________________________________ , _____________________________________________
OBJECT; DRIVEWAY=length______ X width______ ; SIDEWALK=length______ X width________
UTILITY WATER PATCH; or UTILITY TRENCHING= 0–10’; 10’–50’; 50’–100’; or 100’+
Description: ____________________________________________________________________________________
Will This Work Require a Street Closure or Block Parking During Construction? Yes No
Is This Work Near a Public School or a US101 Interchange? Yes No
OWNER:
ADDRESS: CITY: STATE: ZIP:
PHONE #: FAX#: E-MAIL:
CONTRACTOR:
CSLB #: LICENSE CLASS #: CITY BUSINESS LIC. #:
ADDRESS: CITY: STATE: ZIP:
PHONE #: FAX#: E-MAIL:
INSURANCE: EXPIRES:
POLICY #: ENDORSEMENT #:
PROJECT CONTACT
PHONE #: FAX#: E-MAIL:
I have read this permit and acknowledge receipt of the City of Atascadero Encroachment Permit Rules and
Regulations, and attached special conditions, which I have read, agree to, and acknowledge as part of this permit.
SIGNATURE OF PERMITTEE DATE:
Page 2 of 3
ENCROACHMENT PERMIT RULES AND REGULATIONS
1. Definition: This permit is issued pursuant to Title 7, Chapter 12 of the Atascadero Municipal Code.
2. Acceptance of Provisions: Permittee agrees that the doing of any work under this permit shall constitute an
acceptance by the Permittee of the provisions herein.
3. Liability for Damages: Permittee will indemnify, hold harmless and assume defense of, in any actions of law or
in equity, the City of Atascadero, its officers, employees, agents, officials and volunteers from all claims, losses,
damages, including property damages, personal injury, including death, and liability of every kind, nature and
description arising out of your work or in any way connected with the performance of this permit by the
Permittee or any contractor, or subcontractor. This indemnification shall extend to claim losses, damage, injury
and liability for injuries occurring after completion of the permitted operations, as well as during the work's
progress.
4. Liability Insurance: Permittee shall obtain at its sole cost and keep in full force and effect during the term of
this permit, and for one year thereafter, commercial general liability insurance in a form and amount acceptable
to the City’s Risk Manager, naming the City of Atascadero, its officials, officers, directors, employees, agents,
and volunteers as additional insured. The general liability insurance must be primary with respect to the
additional insured; any other insurance available to the additional insured shall be excess and noncontributing.
5. Permits from Other Agencies: Permittee must obtain consent from any other public or private agencies or
individuals required to complete such work. Such consent may be required to be obtained prior to requesting a
permit from the City. If this provision is not complied with, this permit shall be void.
6. Required Pre-Construction Meeting: Prior to commencing work authorized by this permit, Permittee shall
provide 48 hour notification to the City of Atascadero Public Works Inspector at (805) 466-8099 for an initial
inspection. When work has been interrupted for more than two (2) working days, an additional 24 -hour
notification is required before restarting.
7. Notification of Property Owners: If required by the City Engineer or designee, the Permittee shall notify
abutting property owners prior to starting any work pursuant to this permit.
8. Hours of Work: Work shall only be conducted between the hours of 7:00 a.m. and 9:00 p.m., Monday through
Friday. Work hours may be further restricted in conformance with approved traffic control plans and City
holidays. Lane closure hours are typically 9:00am through 3:00pm. Work outside these hours may be authorized
with an After Hours Permit based on City staff availability.
9. Display of Permit: This permit shall be kept at the site of work. Upon request, the permit must be shown to any
representative of the City Engineer or law enforcement officer.
10. Display of Emergency Contact Information: During the progress of the work, the permittee shall maintain a
sign at such work site bearing the name, address, telephone number of the permittee and a twenty-four (24) hour
emergency telephone number where assistance may be obtained throughout the duration of the work permitted.
This section shall not be applicable to utilities doing their own maintenance, repairs or installation by their own
employees. However, if a utility uses an outside contractor to do such work, the contractor must post a sign in
accordance with this section.
11. Traffic Control: At the City’s request, site specific tra ffic control plans shall be submitted for City approval. All
warning safety devices and use of flaggers shall conform to the current California Manual of Uniform Traffic
Control Devices (CAMUTCD).
12. Inspection Prior to Placement: Permittee shall request inspection of all conduit installations, connections, and
any repairs made to existing underground utilities prior to backfilling. All concrete forms shall be inspected prior
to placement of concrete. Compaction tests are at the discretion of the City Inspector.
13. Construction and Repair: Permittee shall properly construct, maintain and repair any encroachment authorized
herein, and shall exercise responsible care in inspecting and immediately repairing any damage to the public
right-of-way and underlying utilities which occurs as a result of existence of said encroachment or as the result
of any work done pursuant to this permit. Failure to use proper backfill materials, proper compaction, or
inspection prior to placement will result in increased inspection fees and liability for re-work. All buried pipes or
conduits shall be installed with a minimum of twenty four (24) inches of cover unless approved by the City
Engineer.
Page 3 of 3
14. Steel Plate Bridging Excavations: Plate bridging of shored trench excavation shall be secured against
movement and shall be installed to operate with minimum noise. All plates shall be skid resistant. Plates shall be
ramped to the elevation of the contiguous pavement. All steel plate placements shall be approved by the City
Inspector.
15. Failure to Restore Street Surface: Whenever the Permittee disturbs the surface of any public property for any
purpose; Permittee shall restore that property to the condition that existed prior to that disturbance in accordance
with City Standard Plans. When any opening, cut, or other modification is made by Permittee in any City street
or other public right-of-way, Permittee must promptly refill the opening, restore the pavement in accordance
with City Standard Plans, and remove all U.S.A. markings. If the Permittee fails to perform that work in a timely
manner or in accordance with City specifications, the City may refill, repave, or remove U.S.A. markings. The
cost to City for performing that work, whether by contract or by City forces, including the costs of inspection
and supervision, shall be deducted from any Performance Deposit and the balance paid by the Permittee within
30 days of receipt of an invoice for that work.
16. Stormwater Pollution Prevention Program: The Permittee shall implement and maintain measures to keep
sediment, wash waters, equipment maintenance products, and other construction related material/debris from
entering the storm drainage system. Dumping or discharge into the City’s storm drai nage system is prohibited.
Measures to protect the storm drainage system shall be in place prior to start of work.
17. Storage of Material: Stockpiling of material is not allowed in the street or sidewalk area unless specifically
approved by the City.
18. Clean Up Right-of-Way: Upon completion of work, all brush, timber, scraps, and other material/debris shall be
entirely removed and the right-of-way left in a condition satisfactory to the City Engineer or designee.
19. Maintenance and Repair: Permittee shall promptly make any and all repairs to public right-of-way if required
by the City Engineer or designee. The Permittee is responsible for the materials and workmanship of this
encroachment for a period of one (1) year after acceptance by the City.
20. Blanket Permits: Blanket permits, renewable annually, may be issued to any private or public utility, subject to
compliance with all applicable provisions of this chapter or of the permit. The Engineer may revoke any such
blanket permit if the permittee fails to comply with any of the provisions of this chapter or the permit. The
issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket
permit as may be required by the Engineer or of the requirements for paying for inspection, repairs and other
costs incurred by the City due to the permittee’s activity under the blanket permit. Blanket permits for
excavations shall be limited to utility trenches not exceeding three (3) feet in width, dug at a right angle to the
centerline of the road, or an excavation not exceeding thirty (30) square feet in area unless specifically approved
by the Engineer. Two-way traffic shall be maintained at all times.
21. Permits are Nontransferable: Permits issued under the authority of Municipal Code Title 7, Chapter 12, shall
be nontransferable.
22. Work Performed without Permits: Work performed without a permit; removal of work which poses a threat to
the health, safety, or general welfare of the public.
(1) Failure to obtain a permit for an encroachment, as required by this chapter, shall constitute a violation of this
Title 7, Chapter 12, and subject a person performing such work to all penalties thereof.
(2) Whenever an encroachment has been installed without a permit as required by Title 7, Chapter 12 and that
work poses a threat to the health, safety and general welfare of the public, the Engineer may, at the
permittee’s or owner’s sole expense, remove the encroachment. Whenever an encroachment has been
installed with a permit as required by this chapter and that encroachment does not conform to the design and
specification approved by the permit, and that encroachment poses a threat to the health, safety and general
welfare of the public, the Engineer may, at the permittee’s or owner’s sole expense, remove the
encroachment.
23. Responsibility of Owner: All obligations, responsibilities and other requirements of the permittee as described
in this chapter shall be binding on subsequent owners of the encroachment. (Ord. 438 § 4 (part), 2004: Ord. 397
(part), 2002; Ord. 332 § 2 (part), 1997)
Signature: Date:
Print Name:
ATTACHMENT “D”
BOND FORMS
PAYMENT BOND
WHEREAS, the City Council of the City of Atascadero, State of California, and M P
Annex, LLC (hereinafter designated as “principal”) have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements, which said
agreement identified as Del Rio Commercial Development Public Improvements, is hereby
referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement, principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Atascadero to secure the claims to which reference is made in the Civil Code of the State of
California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Atascadero and all contractors, subcontractors, laborers, materialmen
and other persons employed in the performance of the aforesaid agreement and referred to in the
Civil Code of the State of California in the sum of __________________ ($_____) lawful money
of the United States, for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney’s fees, incurred by City in successfully enforcing the
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under the Civil Code of the
State of California, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
IN WITNESS WHEREOF, this payment bond has been duly executed by the principal
and surety above named, on ____________________, 2021.
___________________________________ ____________________________________
Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________
Telephone No. of Surety Title: _______________________________
By: _________________________________
Attorney in Fact
NOTE: If principal is a partnership, all partners should execute the bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary
public, and this bond must be accompanied by evidence that the appointment as attorney in fact
has been recorded in San Luis Obispo County.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance
Commissioner as an “admitted surety insurer.”
APPROVAL: Bonds must be approved by City.
REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document
shall constitute the City’s formal request to the insurer to provide the City with an original of a
certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer
has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has,
that renewed authority has been granted.
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who
executes this bond on behalf of the surety company must attach a copy of his Power of Attorney
as evidence of his authority. A notary shall acknowledge the power as of the date of the execution
of the surety bond that it covers.
PROJECT MAINTENANCE BOND
GUARANTEE AND WARRANTY SECURITY
WHEREAS, the City Council of the City of Atascadero, State of California, and M P
Annex, LLC (hereinafter designated as “principal”) have entered into an agreement by which
principal agrees to install and complete certain designated public improvements and to guarantee
and warrant the work for a period of one year following its completion and acceptance, which said
agreement identified as Del Rio Commercial Development Public Improvements is hereby referred
to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond
to guarantee and warrant the work for a period of one year following its completion and acceptance
against any defective work or labor done, or defective materials furnished, to comply with the
terms of said agreement.
NOW, THEREFORE, we, the principal and
a , admitted and
duly authorized to transact business under the laws of the State of California as surety, are held
and firmly bound unto the City of Atascadero as obligee (“City”), in the penal sum of
__________________dollars ($____________) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, provisions in the
said agreement and any alteration thereof made as therein provided, on his or its part to be kept
and performed at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless City, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations of this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the agreement or to the work or to the specifications. The sure waives all rights of subrogation
against the City or any person employed by the City.
IN WITNESS WHEREOF, this Project maintenance bond guarantee and warranty security
has been duly executed by the principal and surety above named, on __________________, 2021.
___________________________________ ____________________________________
Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________
Telephone No. of Surety Title: _______________________________
By: _________________________________
Attorney in Fact
NOTE: If principal is a partnership, all partners should execute the bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary
public, and this bond must be accompanied by evidence that the appointment as attorney in fact
has been recorded in San Luis Obispo County.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance
Commissioner as an “admitted surety insurer.”
APPROVAL: Bonds must be approved by City.
REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document
shall constitute the City’s formal request to the insurer to provide the City with an original of a
certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer
has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has,
that renewed authority has been granted.
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who
executes this bond on behalf of the surety company must attach a copy of his Power of Attorney
as evidence of his authority. A notary shall acknowledge the power as of the date of the execution
of the surety bond that it covers.