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Home My WebLink About2007-005 West Front Village, LLCJULIE RODEWALD MEL C17y r A7P.SCADERO San Luis Obispo County - Clerk/Recorder 4/04/2007 Recorded at the request of 8:05 AM COVTRACT# _ First American Title Company DOC#: 2007022718 FOR RECORDER RECORDING REQUESTED BY: �rv� Mme-rfco.n 1 jjf —e - City of Atascadero> 2 22 2.13 -L--I: WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6907 EI Camino Real Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: 3/27/07 Titles: 1 Pages: 12 Fees 40.00 Taxes 0.00 Others 0.00 PAID 540.00 NAME OF SUBDIVIDER: West Front Village, LLC q SUBDIVISION: Tract 2621 ESTIMATED TOTAL COST OF IMPROVEMENTS: $3,311.361 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and West Front Village, LLC (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Final Map of Tract 2621 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Final Map of Tract 2621 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Final Map of Tract 2621 or have entered into a secured agreement with City to complete the improvements and land August 23, 2006 Tract 2621 Agreement Page 1 of 8 development within a period of time specified by City. D. In consideration of approval of Final Map of Tract 2621 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Final Map of Tract 2621 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" and Exhibit 1131 to this Agreement. G. Subdivider recognizes that by approval of Final Map of Tract 2621, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Final Map of Tract 2621 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Final Map of Tract 2621, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Final Map of Tract 2621 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Final Map of Tract 2621 shall be completed within one and one half (1.5) years from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A and Exhibit B. March 13, 2007 Tract 2621 Agreement Page 2 of 8 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. 4. If said improvement work is not completed within one and one half (1.5) years of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity March 13, 2007 Tract 2621 Agreement Page 3 of 8 provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 Subdivider: West Front Village, LLC Address: Surety: Address: 14. 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 unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. March 13, 2007 Tract 2621 Agreement Page 4 of 8 IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO By: Wade McKinney City Manager Attest: Utz, M Marcra M. Tggers;m City Ctt;rk ti Appro as to con n Stev B. Kahn, P.E. City Engineer March 13, 2007 Tract 2621 Agreement Page 5 of 8 Subdivider: West onTGillage, LLC John R ssetti, Manager (notari a signature) Subdivider: ////�' P2 est Front Village, LLC Richard Shannon, Manager (notarize signature) State of California County of San Luis Obispo On 3 -/6 -0 7 before Date Doe, Notary Public) personally appeared( ' (s) of Signer(s) (Name cYnd Title of Officer (e.g., "Jane personally known to me - to be the persond whose name is/0 subscribed to the within ins ment and acknowledged to me at he/she/ he xecuted the same in hj5[her/ hei capacity les , and that by his/her/ eir ignatureO on the ins ment the person®s , or the entity upon behalf of which the person acted, executed the instrument. NORMA J. DONALDSON COMM. #1430930 a Q m NOTARY PUBLIC - CALIFORNIA D SAN LUG OBISPO COUNTY My Comm. Expires AUG. 13, 2007 WITNESS my hand and official seal. Signature of NoMiry Public TAENGINEERING\Current Development\Final Map 200MFMP 2006-0135 West Front\Sub Imp Agree West Front.doc March 13, 2007 Tract 2621 Agreement Page 6 of 8 Exhibit A Engineers Estimate — on- and off-site improvements See following March 13, 2007 Tract 2621 Agreement Page 7 of 8 DATE: 3/14/2007 JOB No.: 1005046 OB NM: West Front Village CALL BY SHS CHK BY RRM DESIGN GROUP 3765 South Higuera Street, Suite 102 /San Luis Obispo, CA 93401 Ph: (805) 543-1794 Fax: (805).543.4609 email: www.rrmdesign.com West Front Village Bonding Estimate CAT. ITEM QUANT I UNIT I COST/UNIT COST DESCRIPTION DEMO & EARTHWORK: CLEARING & GRUBBING 10 AC 625.00 $1,563 75% COMPLETE AS OF 3/12/07 CUT 17,631 CY 31.00 $273,281 50% COMPLETE AS OF 3/12/07 FILL 17,483 CY 31.00 $270,987 50% COMPLETE AS OF 3/12/08 IMPORT CY 60.00 NO IMPORT NEEDED FINE GRADING 100,000 SF 0.23 $23,000 SAWCUT EXIST PAVEMENT 1,825 LF 1.50 $2,738 TREE REMOVAL 18 EA 250.00 100% COMLETE AS OF 3/12/07 _ DEMO A.C. PAVEMENT 23,500 SF 1.70 $39,950 MOBILIZATION 1 LS 2500.001 $2,500 STREETS CONCRETE DRIVEWAY APPROACH Demo & Earthwork Subtotal: 1,320 SF 7.00 $614,017 $9,240 HANDICAP RAMP 11 EA 1200.00 $13,200 CURB AND GUTTER - 6" 2,900 LF 20.50 $59,450 CONCRETE CURB 300 LF 13.00 $3,900 CROSS GUTTER & SPANDREL 1,700 SF 9.50 $16,150 SIDEWALK 9,940 SF 4.50 $44,730 3' TYPE °B" A.C. 60,000 SF 2.00 $120,000 6" CLASS II AGG. BASE 60,000 SF 0.90 $54,000 TRAFFIC STRIPING (THERMOPLASTIC) 3,630 LF 4.00 $14,520 STOP AND STOP BAR 6 EA 150.00 $900 STOP AND STREET SIGN 6 EA 275.00 $1,650 STREET MONUMENTS 5 EA 260.00 $1,300 CONSTRUCTION AREA SIGNS 4 EA 250.00 $1,000 WOOD BEAM BARRICADE 40 LF 25.00 $1,000 STORM DRAIN STORM DRAIN INLET @ 14' (301) STORM DRAIN INLET 0 7- (301) STORM DRAIN INLET a 6.4' (302) _ 3 _ 1 I _ 2 1 EA EA EA Streets Subtotal: 2700.001$8,100 2700.00 1 2700.001 $341,040 $2,700 $5,400 PRINT: 320/2007 AT 2:18 PM 1 Copy of West Front Bonding Estimate-revrjm.xls PRINT: 320/2007 AT 2:18 PM 2 Copy of West Front Bonding Estimate-revrjm.xls West Front Village Bonding Estimate AT. ITEM QUANT UNIT COST/UNIT COST DESCRIPTION STORM DRAIN INLET (504) 3 EA 2700.00 $8,100 STORM DRAIN INLET (502) 2 EA 2700.00 $5,400 BASIN OUTLET STRUCTURE BASIN INLET STRUCTURE 1 2 EA LF 2700.00 2700.00 $2,700 $5,400 STORM DRAIN CATCH BASINS (MINOR) 4 EA 1000.00 $4,000 SIDEWALK UNDERDRAIN 1 EA 1500.00 $1,500 STORM DRAIN MANHOLES 9 EA 2500.00 $22,500 STORM DRAIN -18' 506 LF 32.00 $16,192 STORM DRAIN -24' 1,196 LF 35.00 $41,860 STORM DRAIN -12' 28 LF 27.00 $756 RIP RAP FACING CLASS 25 CY 125.00 $3,125 CURTAN WALLS 2 EA 250.00 $500 CONC. COLLARS 2 EA 250.00 $500 WATER WATER SERVICE SINGLE _ _ WATER SERVICE DOUBLE 10 4 Storm Drain Subtotal: EA 900.00 EA 900.00 $128,733 $9,000 $3,600 WATER SEVICE TRIPLE 5 EA 900.00 $4,500 MANIFOLD WATER SERVICE 10 EA 2 EA 900.00 $1,800 WATER SERVICE ON WEST FRONT 5 EA 900.00 $4,500 AIR RELIEF VALVE 4 EA 2400.00 $9,600 BLOW OFF 3 EA 2000.00 $6,000 FIRE HYDRANT ASSEMBLY 2 EA 3000.00 $6,000 WATER HOT TAP (8') 2 EA 2700.00 $5,400 WATERGATE VALVE 8' 6 EA 1450.00 _ $8,700 6 -INCH W/L C900 CL150 120 LF 25.00 $3,000 8 -INCH W/L C900 CL150 2,020 LF 29.00 $58,580 THRUST BLOCKS 13 EA _ 125.00 $1,625 RELOCATE FIRE HYDRANT 1 EA _ 500.00 $500 EWER SEWER LATERALS SEWER LATERALS ON WEST FRONT 34 4 EA EA Water Subtotal: 825.00 825.00 $122,805 $28,050 _ $3,300 SEWER CLEANOUT 2 EA 725.00 $1,450 6'SEWER MAINS 100 LF 17.00 $1,700 8'SEWERMAINS 1,722 LF 19.00 $32,718 SEWER MANHOLES 13 EA 2700.00 $35,100 Sewer Subtotal: $102,318 PRINT: 320/2007 AT 2:18 PM 2 Copy of West Front Bonding Estimate-revrjm.xls PRINT: 3/20/2007 AT 2:18 PM 3 Copy of West Front Bonding Estimate-revrjm.xls West Front Village Bonding Estimate AT. ITEM QUANT UNIT COST/UNIT COST IDESCRIPTION UTILITIES JOINT TRENCH (St. lights, also, ctv, tel) 1,130 I.I° 25.00 $28,250 STREET LIGHTS 3 En 3500.00 $10,500 GAS MAIN 1,130 LI- 2000. $22,600 Utilities Subtotal: $61,350 WALLS RETAINING WALLS 2-7 FEET 8,055SF 43,001 $346,365 SCREEN WALLS 12,375 SF 20.00 $247,500 COLUMNS 1 950 1 LF I 60.Ool $57,000 WROUGHT IRON FENCING 1 400 1 LF 1 40.001 $16,000 Walls Subtotal: $666,865 MISCELLANEOUS: TRAFFIC CONTROL 1LS 2500 $2,500 EROSION CONTROL MEASURES 1 LS 1200.00 $1,200 Miscellaneous Subtotal: $3,700 AC ACRE CY CUBIC YARD SUBTOTAL: $2,040,828 QROFESS/p EA EACH CONTINGENCIES (20%OFTOTAL): $408,166 (�� •\ J•'NO�� yO LF LINEAR FOOT INFLATION (10% OF TOTAL) $204,083 LS LUMP SUM GRAND TOTAL: $2,653,076 h4�0� SF SQUAREFOOT IN/SF INCHESISQUARE FOOT p 7 HR HOUR C/V\\- �Q 9� OF Opl\E� THIS ESTIMATE WAS PREPARED USING STANDARD COST AND/OR QUANTITY ESTIMATE PRACTICES. IT IS UNDERSTOOD AND AGREED THAT THIS IS AN ESTIMATE ONLY, AND THAT THE ENGINEER SHALL NOT BE LIABLE TO THE OWNER OR TO A THIRD PARTY FOR ANY FAILURE TO ACCURATELY ESTIMATE THE COST AND/OR QUANTITIES FOR THE PROJECT, OR ANY PART THEREOF. THIS ENGINEER'S ESTIMATE IS PREPARED AS A GUIDELINE AND DOES NOT CONSTITUTE THE BASIS FOR BID. THE CONTRACTOR IS TO PERFORM HISMER OWN QUANTITY TAKE -OFF AND TO BID ACCORDINGLY. IN THE EVENT THAT ERRORS OR OMISSIONS ARE ENCOUNTERED THROUGH THE BIDDING PROCESS, PLEASE CONTACT THE ENGINEER FOR CLARIFICATION. PRINT: 3/20/2007 AT 2:18 PM 3 Copy of West Front Bonding Estimate-revrjm.xls Exhibit B Engineers Estimate — Santa Rosa signal improvements See following March 13, 2007 Tract 2621 Agreement Page 8 of 8 WEST FRONT/SANTA ROSA PROJECT COST ESTIMATE ATE JOB NUMBER 06006 March 14, 2007 ESTIMATE OF PROBABLE COST k407165 b-sarncnnt. ror: cauF�� 2007-03-14 ESTIMATEALS 3114/2007PM1 011 4:19 PM END OF DOCUMENT Item Description Unit of Measure Estimated Quantit Unit Price Item Total TRAFFIC CONTROL SYSTEM LS 1.00 30000.00 $30,00 REMOVE TRAFFIC STRIPE LF 128.00 1.40 $17 REMOVE PAVEMENT MARKING SF 830.00 3.70 $3,071 REMOVE ROADSIDE SIGN EA 11.00 250.00 $2,75 REMOVE AC DIKE LF 32.00 6.00 $19 REMOVE METAL BEAM GUARD RAILING LF 30.00 12.00 $36 REMOVE CONCRETE SF 172.00 3.25 $55 REMOVE AC SF 100.00 1.70 $17 STRUCTURE EXCAVATION (RETAINING WALL) CY 27.00 31.00 $83 CLASS 2 AGGREGATE BASE SF 100.00 1.80 $18 ASPHALT CONCRETE (TYPE A) TON 1.00 97.00 $9 ASPHALT CONCRETE DIKE (TYPE A) LF 18.00 7.50 $13 SAND CY 1.50 150.00 $22 RETAINING WALL (4') LF 34.00 75.00 $2,55 ROADSIDE SIGN - ONE POST EA 2.00 275.00 $55 HANDICAP RAMP EA 2.00 1200.00 $2,40 HANDRAIL LF 70.00 25.00 $1,75 METAL BEAM GUARD RAILING (WOOD POST) LF 20.00 30.00 $60 TERMINAL SYSTEM (TYPE SFT) EA 1.00 4000.00 $4,00 THERMOPLASTIC PAVEMENT MARKING SF 614.00 1.25 $76 SIGNAL AND LIGHTING (LOCATIONS 1 AND 2) LS 1.00 450000.00 $450,00 SUBTOTAL OF CONTRACT ITEMS $501,37 SUPPLEMENTAL WORK ITEMS ENCHROACHMENT PERMIT LS 1 1.00 1 5000.00 $5,00 SUBTOTAL OF SUPPLEMENTAL ITEMS $5,00 TOTAL $506,37 K,,��gO�FESS'04CONTINGENCY(20%) $101,27 ZIM,yr�9 C�2 INFLATION (10%) $50,63 y z CONTRACT TOTAL $x58,28 k407165 b-sarncnnt. ror: cauF�� 2007-03-14 ESTIMATEALS 3114/2007PM1 011 4:19 PM END OF DOCUMENT