HomeMy WebLinkAbout2003-004 Castlerock Develop. Meadows Performance Agmt. AGREEMENT FOR ADVANCE OF FUNDS
(City Staff and Consultant Services)
Oak Ridge Estates at 3F Meadows
Resolution No.
Planning Project No. -_-
Project Name: Oak Ridge Estates at 3F Meadows
Castlerock Development, a California Corporation (hereafter the "Developer"), has
requested the assistance of the City of Atascadero, a municipal corporation ("the City"), in the
formation of a road maintenance assessment district for the Oak Ridge Estates at 3F Meadows
project within the City, more particularly described in Exhibit "A". The proposed assessment
district is referred to herein as the "Oak Ridge Estates Road Maintenance Assessment District
No. 1" or the "District." The purpose of the proposed District is for the maintenance, repair and
replacement of"public improvements" related to the roadways within the project as defined in
Exhibit`B."
In order to proceed with the implementation of the District, the City requires the
Developer to provide funds to pay the cost of City staff time and consultants' fees and expenses
incurred in implementing the identified Scope of Services ("Scope") required to achieve
formation of the District as defined in Exhibit "C." To that end, the Developer and the City
hereby agree as follows:
1. Advance of Funds; Deposit of Funds. The Developer shall, upon execution of
this Agreement by all parties, advance to the City the sum of$12,000 (Twelve Thousand dollars)
to fund the work, as estimated within the Scope. The City shall deposit the advanced funds into
a segregated account.
2. Disbursement of Funds. The City shall have sole discretion as to the disbursement
of the funds, limited only to the provisions of this Agreement. The Developer shall have access
at all times,with reasonable notice,to accounting records related to billable costs.
3. Additional Amounts. The City shall give the Developer thirty (30) days' written
notice of estimated funding requirements, or additional funds required to pay the City's costs and
expenses exceeding the total amount set forth in Section 1, but which are still within the Scope.
Prior to such notice, the City shall be available to meet with the Developer to discuss the need
for additional advances, including amounts and timing. At that time, the City shall provide the
Developer with an estimate of additional costs and expenses to be incurred by the City. The
Developer shall advance additional funds to pay said estimated costs and expenditures. If the
City does not receive the additional funds by the required time, the City shall cease all work and
effort related to the District until such time as the additional funds are received.
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4. Return of Funds upon Abandonment of District. If the City decides not to
establish Oak Ridge Estates Road Maintenance Assessment District No. 1, the City shall return
to the Developer any portion of the advanced funds that have not been expended or committed
for expenditure.
5. Selection and Compensation of Personnel/Consultant. The City's use of
advanced funds and the requirement for the Developer to advance funds hereunder shall not be
contingent on the hiring of any specific employee or consultant. The City reserves absolute
discretion as to the selection, hiring, assignment, supervision and evaluation of any and all
employees, contractors, or consultants that may be necessary to assist the City in implementing
the District. The City has initially selected and entered into an Agreement for Professional
Services with Munifinancial ("Consultant") to analyze the financial requirements for the
operation, maintenance, repair and replacement of the public improvements, preparation of
related documents and the formation of the District. The City shall have the sole discretion to
establish the amount of compensation paid to the employees and the amount of fees paid to the
consultants or the consultants' firms that are hired by the City in connection with the District.
6. City's Control of Decisions. The City's use of advanced funds and the
requirement for the Developer to advance funds hereunder shall not be dependent upon the
City's approval of any action requested by the Developer and shall in no way influence the
City's decisions with respect to the District.
7. Supervision and Control of Personnel. The Developer is expressly prohibited
from directly or indirectly exercising any supervision or control over any employee, agent or
consultant of the City engaged in the District formation. Violation of this provision is cause for
the City to cease proceedings for District formation, either of which may be done at the sole and
exclusive direction of City. This prohibition shall not be construed to preclude the Developer,
their agents or representatives from consulting with the City regarding formation and
implementation of the District nor from providing information to the City or any employee,
agent or consultant of the City in connection therewith, or from seeking information from the
City, or any employee, agent or consultant of the City with respect thereto.
8. Contributions.
a) Developer will provide to the City current project data required for completion of
the District.
b) Developer will not be liable for any alterations or interpretations made by either
the City or Consultant in the process of completing the Scope.
C) Developer will be given the opportunity to provide input relative to the formation
of the District, which input shall be taken into consideration by the City in providing input and
direction to Consultant, City staff, agents of consultants in its implementation of the formation
process.
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d) Developer will not be required to reimburse the City for fees and costs billed for
any additional services not identified in the approved Scope or otherwise approved by prior
written consent of Developer pursuant to Section 3 above.
9. Participation in Meetings. City shall provide Developer the opportunity to attend
and participate in all meetings or conference calls relative to the District formation, processes,
identification and/or inclusion of public improvements, maintenance activities and associated
costs, financial matters,timing of assessments, etc.
10. Complete Agreement. Each party acknowledges that this Agreement sets forth all
covenants, promises, conditions and understandings between the parties regarding the advance of
funds and the uses thereof, and there are no promises, conditions or understandings either oral or
in writing between the parties other than as set forth herein. No subsequent alteration,
amendment, change or addition to this Agreement shall be binding upon the parties unless
reduced to writing and signed by a principal of each party. No course of conduct shall be
binding upon the City and waiver of one or more provisions or violations shall not be construed
as a course of conduct to be relied upon and may not be the basis for any expectation of future
waiver or estoppel.
11. Document Sharing. Documents from one party which are made available to the
other party are intended to be accessible on equal terms by all principals, employees or agents of
the other party,provided such access relates to the formation of the District.
12. Public Record. This Agreement shall be a public record of the City.
13. Governing Law; Venue. This Agreement is made under, and shall in all respects
be interpreted, enforced, and governed by, the laws of the State of California. In the event of a
dispute concerning the terms of this Agreement, the venue for any legal action shall be with the
appropriate court in the County of San Luis Obispo, State of California.
14. Waiver. The failure of Developer or the City to enforce any of the provisions
hereof shall not be construed to be a waiver of the right to enforce any such provisions.
15. Severability. If any provision of this Agreement is declared or determined by any
court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or
enforceability of the remaining portions hereof shall not, in any way, be affected or impaired
thereby.
16. Modification. No modification or waiver of any of the terms or conditions of this
Agreement shall be effective unless such modification or waiver is expressed in writing and
executed by the party to be charged with performance.
17. Counterparts. This Agreement may be executed in any number of counter parts,
each of which shall be deemed an original, but all of which taken together shall constitute one in
the same agreement.
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18. Legal Costs. Should legal proceedings of any type arise out of this Agreement,
the prevailing party shall be entitled to costs, attorney's fees, and legal expenses, including but
not limited to expert fees.
CITY OF ATASCADERO
a
Dated: I/r. By: t
WADE McKINNEY, City Manag r
Approv as to Form:
Patrick ity Attorney
DEVELOPER
Castlerock Development
a California Corporation
Dated: \ - -( By: 12-11---"
Darren Shetler,President
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EXHIBIT "A"
Legal Description
Parcel A
Lots 1 through 10, inclusive, and Lots 12 through 108, inclusive, of Parcel Map ATAL 00-192 in
the City of Atascadero, County of San Luis Obispo, State of California, according
to map recorded February 27, 2003 in Book 58, Pages 1-22 of Parcel Maps, in the Office of the
Recorder of said County.
Parcel B
Lot 32 in Block 81 of Atascadero Colony, in the City of Atascadero, County of San Luis Obispo,
State of California, according to map recorded October 21, 1914 in Book 3, Page 119 of Maps,
in the Office of the County Recorder of said County.
APN: 055-171-004
Parcel C
Lot 33 in Block 81 of Atascadero Colony, in the City of Atascadero, County of San Luis Obispo,
State of California, according to map recorded October 21, 1914 in Book 3, Page 119 of Maps,
in the Office of the County Recorder of said County.
APN: 055-171-016
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EXHIBIT "B"
Description of"public improvements"
The term"public improvements" as used in this Agreement shall mean the following:
1. Streets:
a. Asphalt or concrete
b. Street sweeping
C. Vegetation Management/Fuel Modification
d. Pothole and crack repair
e. Shoulders and curbs
f. Pavement sealing
g. Asphalt overlay
h. Traffic structures including, but not limited to, signage, guardrails and railings.
i. Pavement markings
2. Drainage
a. Slopes
b Culverts
C. Drainage inlets
d. Earth/concrete swales
e. Bench drains
f. Overside drains
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EXHIBIT "C"
Scope of Services
Project Understanding
The City and the Developer for the Project have decided to form a Benefit Assessment Act of
1982 maintenance District for the purpose of maintaining the public improvements and storm
drainage improvements installed for the benefit of the roadways within the Project. Upon receipt
of the deposit identified in Section 1, Advance of Funds; Deposit of Funds, it is the City's
intention to enter into an agreement with Consultant for consulting services relative to formation
of the District.
Based on the public improvements defined in Exhibit `B", detailed specifications will be
provided by the City and the Developer for utilization in preparing the necessary documents for
forming the District and levying assessments that are consistent with the "First Amended and
Restated Declaration of Covenants Establishing Maintenance, Repair and Improvement
Obligations for Oak Ridge Estates at 3F Meadows" ("Maintenance Covenants"), and with the
level of service and maintenance costs currently applied to such districts (of similar size and
scope)previously established by the City of Atascadero.
The Developer has already completed construction and sale of some of the individual residential
units within the proposed District and additional sales may be completed prior to the assessment
ballot proceedings, but the Developer will retain ownership of properties representing more than
fifty percent (50%) of the total proposed assessment at the time the ballots are scheduled to be
mailed. For this reason, every effort will be made to expedite the formation process; however, it
shall be the Developer's responsibility to provide the City with any updated ownership and
mailing information for the individual parcels that are sold prior to the ballots being mailed. This
updated ownership and mailing information must be provided to the City in writing or by e-mail
at least three (3) weeks prior to the date scheduled for mailing the ballots and must reference the
individual Assessor's Parcel Number associated with each corresponding owner and mailing
address, otherwise it will be assumed that the Developer or owner of record currently shown on
the County Assessor's role is the owner of record for balloting purposes.
Scope of Work
Based on the project understanding as described above, 1982 Act Benefit Assessment District
Formation services will be provided based upon the following tasks.
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1982 Act Benefit Assessment District Formation
Upon receipt of a full executed agreement or a notice to proceed, the following tasks will be
performed for a 1982 Act benefit assessment district formation for the Project:
Task 1: Review Proposed District Documents
Objectives: To ensure accuracy and completeness of submittal documents for a 1982 benefit
assessment District.
Description: Upon receipt of relevant information regarding the District, Consultant shall
review documents provided by City and Developer for completeness of the
information and accuracy of the maps and description of the proposed
improvements.Necessary information includes:
• Project location, tract number, Developer name, and Assessor Parcel
Number(s).
• Budget for first year's maintenance.
• Full and complete description of the proposed District's public improvements,
including street names, location and type of facilities to be maintained by the
District. The description of the improvements must be sufficiently detailed to
develop an accurate maintenance budget including applicable square footage,
linear feet, construction materials, etc.
• District map for City Council and reports.
• Owner's name, address and phone number.
Meetings: None
Deliverables: None
Task 2: Review Proposed Improvements
Objectives: To ensure that the proposed improvements fit into the City's long-term
infrastructure maintenance program and to develop a time-line for the formation
process.
Description: After review of the development plans and specifications, City staff shall make
recommendations to Consultant for the proposed improvements and maintenance
frequencies anticipated for the various improvements to be incorporated into the
District budget.
Meetings: One (1) conference call.
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Deliverables: Based on City recommendations, a timeline for the formation process and a list of
additional information required to complete the formation (if necessary) will be
completed by Consultant and will be forwarded to City and Developer.
Task 3: Prepare Engineer's Report
Objectives: The purpose of this task is the preparation of a comprehensive Engineer's Report
based on information gathered in previous tasks.
Description: Consultant shall review data gathered in previous tasks to assemble a
comprehensive Engineer's Report that reflects the current property data as well as
the District's methodology for determining assessments. This report will include
the following items:
• An introduction,providing an overview of the District.
• A general description of the plans and specifications for the improvements
within the District with reference to the improvement details on file in the
City's Public Works Department.
• The proposed annual budget(s) necessary to establish the assessments. This
budget will summarize the estimated costs to maintain the improvements
including estimated annual expenditures and collection of installments for
periodic maintenance functions. The budget will generally identify anticipated
expenses and revenue used to determine the annual assessments for the
District, including identification of direct maintenance costs, incidental
expenses, fund balances, and available revenues. The budget developed for
this District will be based on the proposed improvements and the applicable
maintenance rates and service levels currently utilized by the City for Districts
previously formed(of similar size and scope).
• A description of the boundaries and/or reproduction of relevant project
boundaries.
• A description of the method of assessment (assessment calculation), including
identification and discussion of benefit findings.
• An assessment of the estimated costs to each parcel (proposed assessments) as
an appendix to the report or as a separate exhibit, listing each parcel, and
proposed assessment for the fiscal year.
• An affidavit stating that the report has been prepared by a professional
engineer.
Meetings: None
Deliverables: Draft Engineer's report shall be provided to City (two (2) bound copies and one
(1)un-bound copy).
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Task 4: Prepare City Council Resolutions
Objectives: To prepare necessary City Council resolutions.
Description: Consultant and / or City shall prepare the necessary City Council resolutions for
presenting the Engineer's Report to the City Council. These resolutions shall
include the following items for both the Intent Meeting and Public Hearing:
• Resolutions initiating proceedings; preliminarily approving the engineer's
report' and resolution of intention calling for the property owner ballot
proceeding and public hearing (Intent Meeting); and
• Resolutions confirming the results the property owner balloting; approving the
Engineer's Report; and approving the formation of the District and levy of
assessments (Public Hearing).
Meetings: None
Deliverables: Resolutions (e-mail)
Task 5: Prepare and Deliver Property Owner Documents
Objectives: To prepare and mail necessary property owner documents.
Description: Consultant shall prepare and mail necessary property owner documents for
presentation of the levy to the property owners of record. These documents shall
include the following items for the public hearing:
• Proposition 218 required notice of Public Hearing and assessment.
• Proposition 218 required Assessment Ballot.
Meetings: None
Deliverables: Above-mentioned documents mailed to the property owners.
Note: Transmittal of these documents will be by first class mail and will include an envelope
addressed to the City Clerk that the property owner may use to return their ballot. All documents
will be mailed to the owner of record as they are identified on the current County Assessor's roll,
unless updated ownership and mailing information is provided by the Developer at least three (3)
weeks prior to the scheduled mailing date.
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Task 6: Attend City Council Sessions
Objectives: To be available for questions during the necessary City Council sessions.
Description: Consultant, City and Developer will attend and be available to answer questions
at two (2) scheduled City Council meetings for the adoption of the resolutions
associated with the formation of the District. (Intent Meeting and Public Hearing)
Meetings: Two (2) City Council sessions.
Deliverables: None
Note: The City shall submit assessments for the new District to the County following acceptance
of the public improvements. The submittal of the first year's assessments will likely occur at the
County's next levy submittal date (typically in July).
Developer Responsibilities:
Developer shall:
• Provide the City with the following information:
■ A full and complete description of the improvements to be maintained by the District.
■ Developer contact information, name and phone number.
■ Updated ownership and mailing information for all properties within the proposed
District that have been sold or will close escrow prior to the mailing of the property
owner ballots.
■ Reproducible Boundary map (8 '/2 x 11 inch format) or an electronic map that can be
edited to produce an assessment diagram for the engineer's report.
■ Copy of the tract map, parcel map or other tentative development plan indicating the
following:
o Development identification
o Location
o Assessor Parcel Number
o Developer's name of record
o Any additional information deemed necessary for the annexation.
o Complete list of improvements to be provided for and maintained within each
development.
o Updated boundary diagrams as required.
■ Review the draft Engineer's Report, providing the City and/or the Consultant with any
requested changes at least three weeks prior to Department's due date for finalization of
the report.
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City Responsibilities:
City shall:
• Publish the Resolution of Intention prior to any public hearing.
• Publish the public hearing notices in the local newspaper of record.
• Prepare all internal memos, staff reports, and other supporting documents necessary for City
Council agendas (resolutions are covered under Task 4).
• Provide Developer with maintenance rates and service frequencies that can be used to arrive
at an annual budget.
• Review the draft Engineer's Report before the final report is prepared. This review is
typically performed by Department Staff and County Counsel. Requested changes shall be
submitted at least two weeks prior to the Department's due date for finalization of the report.
Legal Opinions
It is recommended that Developer and City legal counsel review the documents prior to
finalizing to identify any pertinent legal issues.
Meetings and Contact
It is anticipated that two (2)meetings will be required during the course of the formation process.
This total includes one (1) Intent Meeting and one (1) Public Hearing. Telephone conference
calls between the City and Consultant are included within the Scope,without limitation.
Public Awareness
It is not anticipated that there will be a need for additional public meetings other than the
required City Council sessions. Should there be a need for meetings with the public, these
services may be provided based upon the rate schedule identified in Exhibit "D", attached and
made a part hereto.
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EXHIBIT "D"
Estimated Costs
1. Services for the 1982 Act Benefit Assessment District formation, as outlined in Exhibit "C"-
Scope of Services, shall be provided for an amount of Twelve Thousand Dollars
($12,000.00).
a. City of Atascadero $ 3,500
b. Consultant $ 8,500
Total $12,000
2. Reimbursement to the City for Consultant costs will be based upon monthly invoices, and
shall be deducted from the deposit, to be billed hourly per the identified rate schedule below,
along with direct expenses incurred during the course of work.
Rate Schedule
Title Hourly Rate
Division Manager $190.00
Principal Consultant $170.00
Senior Project Manager $150.00
Project Manager $125.00
Senior Analyst $100.00
Analyst $ 80.00
Analyst Assistant $ 65.00
Property Owner Services Re $ 50.00
Support Staff $ 45.00
814585.3 13
JULIE RODEWALD LQ
San Luis Obispo County—Clerk/Recorder 2/27/2003
Recorded at the request of 8:00 AM
Fidelity Title Company
FOR RECORDER USE ONLY
D 0 C#: 2003019457 Tines: 1 Pages: 11
Fees 37.00
RECORDING REQUESTED BY: Taxes 0.00
City of Atascaderc�,, Others 0.00
$37.00
WHEN RECORDED MAIL TO:
City Clerk RECEIVED
City of Atascadero
6500 Palma Avenue MAR 2 0 200331
Atascadero, CA. 93422 CITY OF AT,A ADE R
CIT`'C:..1:'--n"K'
CITY OF ATASCADERO
PERFORMANCE AGREEMENT
DATE OF AGREEMENT: O 3
NAME OF DEVELOPER: Castlerock Development, a Califomia Corporation
DEVELOPMENT: 3F Meadows
ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 1,500,306.00
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 Castlerock Development,
a California Corporation (hereinafter referred to as "Developer").
RECITALS
A. Developer has requested development of the property know as 3-F Meadows
(hereinafter referred to as "Project') in the City of Atascadero. A Master Development Plan
for the Project is attached hereto as Exhibit 'Wo this Agreement. This property is shown
on the City Zoning Map and is designated as Planned Development Overlay Zone No. 11.
The conditions of development for Planned Development Overlay Zone No. 11 are described
in the Atascadaro Municipal Code Section 9-3.656 (hereinafter referred to as "PD-11
Conditions').
B. Developer has requested that the City approve and record final Lot Line Adjustment
2000-0005 (aka ATAL 00-192�and approve the related Master Development Plan prior to the
completion of improvements required by PD-11 Conditions.
-6001-- 58 PAGr-S c- as a� t��rc:�,( KWS
C. In consideration of approval of final Lot Line Adjustment 2000-0005 (aka ATAL 00-
192) and the Master Development Plan, Developer desires to enter into this Agreement,
whereby Developer promises to install and complete, at Developer's own expense, certain
public improvements required by City in connection with the Project.
D. The Master Development Plan attached hereto as Exhibit W depicts specified
collector roads that are to be constructed as a condition to approval by the City of the Master
3F Meadows Agreement Page 1 of 4
t .
Development Plan. These collector roads are referred to hereinafter as "the Onsite Public
Improvements".
E. In addition to the Onsite Public Improvements, there are certain offsite public
improvements that must be constructed by Developer in connection with the Project
pursuant to Atascadero Municipal Code Section 9-3.656(c)(3). These offsite public
improvements are described in Exhibit "B" attached to this Agreement. The offsite public
improvements described in Exhibit B are hereinafter referred to as the "Offsite Public
Improvements".
F. An estimate of the cost for construction of the Onsite and Offsite Public
Improvements has been made, approved by the City Engineer and is referred to hereinafter
as the "Estimated Total Cost of Improvements". The Estimated Total Cost of Improvements
is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit
"C" to this Agreement.
G. Developer recognizes that by approval of final Lot Line Adjustment 2000-0005 (aka
ATAL 00-192) and the Master Development Plan, City will conferred substantial rights upon
Developer, including the right to sell, lease, or finance lots within the Project. City will be
damaged to the extent of the cost of installation of the Onsite and Offsite Public
Improvements should Developer fail to perform its obligations under this Agreement. City
shall be entitled to all remedies available to it pursuant to this Agreement and law in event of
default by Developer.
NOW, THEREFORE, pursuant to the provisions contained in PD-11, and in consideration of
the approval of the final Lot Line Adjustment 2000-0005 (aka ATAL 00-192) and the Master
Development Plan, the parties hereto do promise and agree one with the other as follows:
1. Developer is to make and complete the Onsite and Offsite Public Improvements
within three years from the date of issuance of the first residential building permit.
2. Developer promises and agrees to complete all Onsite and Offsite Public
Improvements to the satisfaction of the City Engineer.
3. If said improvement work is not completed within three years of the date of issuance
of the first residential building permit, Developer agrees that City may elect to complete the
same.
4. In the event City elects to complete the Onsite or Offsite Public Improvements,
Developer agrees that 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 City may complete said improvements and recover full cost and
expense thereof including reasonable attorney fees from Developer and his surety.
5. Developer shall, prior to or concurrent with receiving approval of the Final Lot Line
Adjustment Map, file improvement securities with City, in a form acceptable to the City
Attorney;(1) Performance Guarantee in the amount of one hundred percent (100%) of the
Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City
Engineer; and (2) Labor and Materials Guarantee in the amount of fifty percent (50%) of the
Estimated Total Cost of Improvements.
3F Meadows Agreement Page 2 of 4
6. The Labor and Materials Guarantee_will be released when the improvements are
deemed substantially complete by the City Engineer. Developer hereby agrees that after the
completion and acceptance of the Onsite and Offsite Public Improvement, ten percent(10%)
of the Performance Guarantee shall be retained for the guarantee and warranty of the work
for a period of one year. The remaining ninety percent (90%) shall be released and returned
to Developer.
7. 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.
8. 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.
9. Developer shall, defend, indemnify and save harmless 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
Developer or of agents, employees, or independent contractors directly responsible to
Developer, unless a particular improvement was specifically required by City over written
objection by Developer submitted to the City Engineer, 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 Developer, Developer's agents, employees, or
independent contractors. Nothing contained in the foregoing indemnity provisions shall be
construed to require Developer to indemnify City against any responsibility or liability in
contravention of Section 2782 of the Civil Code.
10. 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 or any other municipal or state jurisdiction that owns the land that has been
improved.
13. Sale or other disposition of this property will not relieve Developer from the
obligations set forth herein. Developer 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 Developer sells
the property or any portion of the property within the Subdivision to any other person,
Developer may request a novation of this Agreement and a substitution of security. Upon
approval of the novation and substitution of securities, Developer may request a release or
reduction of the securities required by this Agreement. Nothing in the novation shall relieve
Developer of the obligations under Paragraph 2 for the work or improvement done by
Developer.
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.
3F Meadows Agreement Page 3 of 4
16. 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
6500 Palma Avenue
Atascadero, CA 93422
Developer: Castlerock Development, a California Corporation
202 H-3 Tank Farm Road
San Luis Obispo, CA 93401
17. 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 its City Manager.
IN WITNESS WHEREOF Developer has hereunto set his hand and 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 DEVELOPER
L
Wade G. N cKinney, City anager 1353rren Shetler, President
Castlerock Development, a California
Corporation (notarize signature)
Attest:
Lida
Marcia M. Torgerson, Cit lerk
App ed as to co tent:
Steven B. Kahn, City Engineer
Agwoved as to f rm-
Hanley, City ney
3F Meadows Agreement Page 4 of 4
EXHIBIT — "B"
3F Meadows Offsite Public Improvements
Certain offsite public improvements must be constructed by Developer in connection with the 3F
Meadows Project pursuant to Atascadero Municipal Code Section 9-3.656(c)(3). These offsite
public improvements are described as follows:
(3) Road Improvements--Off-Site.
(i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San
Marcos Road where curve radii is less than two hundred (200)feet. Curve widening shall be
constructed in conformance with Section 4, Paragraph F of the City Standard Specifications,
or as approved by the City Engineer. Plans for the curve widening shall be submitted for
review and approval by the City Engineer prior to the approval of the Master Development
Plan.
The curve widening on Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches five hundred (500)vehic!es per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase
1, whichever is earlier.
(ii) A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road
and San Marcos Road and shall be constructed with the development of Phase 1 of the
project and prior to the issuance of building permits. (Note: This requirement has been
satisfactorily completed by Developer.)
(iii) San Marcos Road between Los Altos Road and the project boundary shall be
improved preparatory to acceptance of this portion of road into the City maintained system.
Curve widening shall be constructed where curve radii is less than two hundred (200) feet.
Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City
Standard Specifications, or as approved by the City Engineer. Improvement plans for the
curve widening shall be submitted for review and approval by the City Engineer prior to
approval of the Master Development Plan.
San Marcos Road between Los Altos Road and the project boundary shall be
improved prior to the development of Phase 1 of the project and prior to the issuance of
building permits. (Note: This requirement has been satisfactorily completed by Developer.)
(iv) The applicant shall enter into a maintenance agreement with the City for the portion
of San Marcos Road between Los Altos Road and the project boundary. The agreement
shall guarantee that damage to the road which results from construction traffic generated by
the development of the project is properly repaired. The agreement shall be reviewed and
approved by the City Engineer and the City Attorney. The agreement shall remain in-force
throughout construction of Phase 1 and Phase 2 of the project.
A maintenance security in a form acceptable to the City Attorney and the City
Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and
the project boundary. The maintenance security shall remain effective until final acceptance
of both Phase 1 and Phase 2 of the project. (Note: This requirement has been satisfactorily
completed by Developer.)
(v) Left-turn lanes shall be constructed on State Highway 41 for eastbound traffic
entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for
the left-turn lanes shall be submitted for review and approval by Caltrans and the City
Engineer prior to approval of the Master Development Plan.
3F Meadows Agreement-Exhibit"B" Page 1 of 3
The left-turn lanes for Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches five hundred (500)vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3)years of the issuance of building permits for Phase
1, whichever is earlier.
The left-turn lanes for the driveways accessing Lots 109-112 shall be constructed
with the development of any portion of Lots 109-112.
(vi) Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway
41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for
the refuge lanes shall be submitted for review and approval by Caltrans and the City
Engineer prior to approval of the Master Development Plan.
The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos
Road reaches five hundred (500) vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase
1, whichever is earlier.
The vehicle refuge lane for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(vii) The improvements required to achieve a minimum of five hundred fifty (550) feet of
sight distance shall be constructed at the intersection of Los Altos Road and State Highway
41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41.
Improvement plans for the site distance improvements shall be submitted for review and
approval by Caltrans and the City Engineer prior to approval of the Master Development
Plan.
The site distance improvements for Los Altos Road shall be constructed when the
ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development
of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building
permits for Phase 1, whichever is earlier.
The site distance improvements for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(viii) Advisory and warning signage shall be installed along State Highway 41 to advise
drivers of the approaching intersection with Los Altos Road and the driveway serving Lots
109-112. Signage shall be installed which indicates a left-turn lane ahead. Improvement
plans for the signage improvements shall be submitted for review and approval by Caltrans
and the City Engineer prior to approval of the Master Development Plan.
The signage improvements for Los Altos Road shall be constructed when the ADT
on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the
twenty-seventh lot in Phase 1, or within three (3)years of the issuance of building permits for
Phase 1, whichever is earlier.
The signage improvements for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(ix) Designated right-turn lanes shall be constructed on State Highway 41 for westbound
traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement
plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the
City Engineer prior to approval of the Master Development Plan.
3F Meadows Agreement-Exhibit`B„ Page 2 of 3
The right-turn lane for Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches five hundred (500)vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3)years of the issuance of building permits for Phase
1, whichever is earlier.
The right-turn lane for the driveways accessing Lots 109-112 shall be constructed
with the development of any portion of Lots 109-112.
(x) Curve widening shall be constructed on the following roads where curve radii is less
than two hundred (200) feet. Curve widening shall be constructed in conformance with
Section 4, Paragraph F of the City Standard Specifications, or as approved by the City
Engineer. Plans for the curve widening shall be submitted for review and approval by the City
Engineer prior to the approval of the Master Development Plan.
a. Laurel Avenue from Santa Lucia Road to Cenegal Road.
b. Cenegal Road from Laurel Avenue to the project boundary.
The curve widening shall be constructed when the ADT on Laurel Avenue reaches
five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2,
or within three (3)years of the issuance of building permits for Phase 2, whichever is earlier.
(xi) A three-foot wide Class II base or other all weather surface walkway shall be
provided along one side Cenegal Road from the project boundary to Laurel Avenue and
along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City
Engineer. Improvement plans for the walkways shall be submitted for review and approval by
the City Engineer and Community Development Director prior to approval of the Master
Development Plan.
The three-foot-wide pedestrian walkway shall be constructed when the ADT on
Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the
thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for
Phase 2, whichever is earlier.
3F Meadows Agreement-Exhibit"B„ Page 3 of 3
EXHIBIT "C"
ESTIMATED COST OF IMPROVEMENTS
San Marcos and Cenegal Road Improvements
Item Quantity Unit Cost/Unit Cost
EARTHWORK
CLEAR AND GRUB 1.00 LS 7,500.00 7,500.00
EARTHWORK CUT AND FILL 119,157.00 CY 1.50 178,735.50
RETAINING WALLS COMPLETE 875.00 LF 56.00 49,000.00
HYDROSEED&RE-VEGETATE SLOPES 35.00 AC 1,040.00 36,400.00
STRAW BALES 520.80 EA 5.61 2,921.69
TOTAL EARTHWORK 274,557.19
PAVING AND SURFACING
CLASS 2 BASE UNDER ASPHALT-7.5" 8,990.87 TONS 10.41 93,594.95
ASPHALT PAVING-2.5" 3,182.00 TONS 43.72 139,117.04
ASPHALT DRIVEWAY APRONS-18'WIDE 15.00 EA 50.08 751.20
STRIPING&PAINTING 9,913.00 LF 0.44 4,361.72
TOTAL PAVING AND SURFACING 237,824.91
WATER
WATER LINES, 10"PVC MAIN 9,913.00 LF 17.00 168,521.00
WATER SERVICE ASMBLY, 1"- INCLUDES PIPING 15.00 LS 325.00 4,875.00
WATER VALVE, 10" VALVE ASSEMBLY 10.00 EA 1,126.74 11,267.40
FIRE HYDRANT ASSEMBLIES W/GATE VALVE 20.00 EA 1,224.00 24,480.00
BLOW OFF ASSEMBLIES 3.00 EA 475.00 1,425.00
AIR&VAC RELIEF ASSEMBLIES 3.00 EA 250.00 750.00
TOTAL WATER 211,318.40
STORM SEWER
SINGLE DROP O.S. DRAIN WITH A.C. DIKE 35.00 EA 236.00 8,260.00
24"CMP STORM DRAIN 2,008.00 LF 11.89 23,880.67
36"CMP STORM DRAIN 425.60 LF 17.15 7,299.57
HEADWALL STRUCTURE 2.00 EA 1,438.00 2,876.00
BENCH DRAIN 372.00 LF 15.00 5,580.00
V-BROW DITCH 189.00 LF 1.72 325.08
300 LBS. ROCK RIP-RAP @ FLARED END 26.00 TN 40.00 1,040.00
GEOTEXTILE FILTER FABRIC UNDER RIP-RAP 208.00 SF 3.82 794.56
TOTAL STORM SEWER 50,055.88
UNDERGROUND UTILITIES
TRENCHING&BACKFILL 9,913.00 LF 7.78 77,123.14
VAULTS/BOXES 1.00 LS 23,800.13 23,800.13
CONDUIT 7,383.20 LF 2.52 18,605.66
TOTAL UNDERGROUND UTILITIES 119,528.93
TRAFFIC APPURTANCES
SIGNS(stop,no parking) 2.00 EA 130.00 260.00
SURVEY MONUMENT WELLS 68.00 EA 250.00 17,000.00
TOTAL TRAFFIC APPURTANCES 17,260.00
SUBTOTAL: $ 910,545
3F Meadows Agreement-Exhibit"C" Page 1 of 3
EXHIBIT"C"
ESTIMATED COST OF IMPROVEMENTS
Left & Right Tum, Vehicle Refuge Lanes, Advisory &Warning Signs and Sight Distance
Improvements at Highway 41 and Lots 109 - 112
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 1,300 LF 0.80 $ 1,040
Remove Existing Asphalt 47 CUYD 25.00 $ 1,175
Slope Grading 15 CUYD 3.50 $ 53
5"Type"B"Asphalt 95 TN 44.72 $ 4,248
6"Asphalt Dike 45 LF 3.25 $ 146
Class II Base 150 TN 11.41 $ 1,712
Add New Striping 2,312 LF 0.44 $ 1,017
Add Painted"Stop"&Stop Bar 1 LS 150.00 $ 150
Add Stop Sign at corner 1 LS 130.00 $ 130
Add Warning &Advisory Signage 1 LS 1,120.00 $ 1,120
Subtotal: $ 10,791
Curve Widening and Y DG Walkway on Laurel & Cenegal
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 1,755 LF 0.80 $ 1,404
Remove Existing Asphalt 39 CUYD 25.00 $ 978
2.5"Type"B"Asphalt 38 TN 44.72 $ 1,693
Class 11 Base 96 TN 11.41 $ 1,101
Add New Striping 3,600 LF 0.40 $ 1,440
Add Painted"Stop"&Stop Bar 1 LS 150.00 $ 150
Stop Sign at Laurel/Santa Lucia 1 LS 130.00 $ 130
Street Name Sign at Laurel/Santa Lucia 1 LS 130.00 $ 130
3"DG Walkway, T Wide 420 TN 8.00 $ 3,364
Subtotal: $ 10,390
Curve Widening at Los Altos
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 1,305 LF 0.80 $ 1,044
Remove Existing Asphalt 10 CUYD 25.00 $ 250
Add 2.5"Type"B"Asphalt 46 TN 44.72 $ 2,068
Add 6"Class II Base 118 TN 11.41 $ 1,345
Add 6"AC Dike 405 LF 3.25 $ 1,316
Add Striping 3,200 LF 0.44 $ 1,408
Add Rip-Rap at Existing 36"CMP 3 TN 42.00 $ 126
Grading at Existing 36"CMP 100 SF 2.50 $ 250
Repair 4'x4' Pothole 1 LS 198.00 $ 198
Subtotal: $ 8,005
3F Meadows Agreement-Exhibit"C" Page 2 of 3
EXHIBIT"C"
ESTIMATED COST OF IMPROVEMENTS
Left & Right Tum, Vehicle Refuge Lanes, Advisory &Warning Signs and Sight Distance
Improvements at Highway 41 and Los Altos
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 880 LF 0.80 $ 704
Remove Existing Asphalt 39 CUYD 25.00 $ 978
Slope Grading 49 CUYD 3.50 $ 172
5"Type"B"Asphalt 123 TN 44.72 $ 5,498
6"Asphalt Dike LF 3.25 $ -
Class II Base 209 TN 11.41 $ 2,385
Extend Existing 24"CMP 3 LF 35.03 $ 105
Add 4'x4'x2'deep Rock Rip-Rap(25#Rock) 0.40 TN 177.00 $ 71
Remove Existing Striping 1,140 LF 0.10 $ 114
Add New Striping 1,360 LF 0.44 $ 598
Add Painted"Stop"&Stop Bar 1 LS 150.00 $ 150
Add Stop Sign at corner 1 LS 130.00 $ 130
Add"Los Altos"Street Name Sign at corner 1 LS 142.00 $ 142
Add Warning &Advisory Signage 1 LS 816.00 $ 816
Subtotal: $ 11,863
Summary of Estimated Costs
San Marcos and Cenegal Road Improvements $ 910,545
Left&Right Turn, Vehicle Refuge Lanes,Advisory&Warning Signs and Sight Distance
Improvements at Highway 41 and Lots 109-112 $ 10,791
Curve Widening at Los Altos $ 10,390
Left&Right Turn, Vehicle Refuge Lanes, Advisory&Warning Signs and Sight Distance
Improvements at Highway 41 and Los Altos $ 11,863
Subtotal $ 943,589
Contingency @ 3% $ 28,308
Supervision @ 3% $ 28,308
Total Estimated Cost $ 1,000,204
100% Performance Guarantee: $ 1,000,204
50°x6 Labor&Materials Guarantee: $ 500,102
Total Guarantee Amount: $ 1,500,306
3F Meadows Agreement-Exhibit"C" Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of ;f�� . Ts
County of .�X I Sa �
On v-, \. �rx� 3before me,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE,NOTARY PUBLIC'
personally appeared y 2V1 �^ �f
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
U PAMELA VENTRESCAcapacity(ies), and that by his/her/their
UI -
NOTARYPu C-CA�LI3FORN1A L
SAN LUISOBISPOCOUNTYn signature(s) on the instrument the person(s),
COMM.EXP.FEB.6,2W6_& or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
L
` SIGN TUBE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
TEND OF DOCUMENT
CITY OF ATASCADERO r
COSVTRACT#t
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
PERFORMANCE AGREEMENT
DATE OF AGREEMENT: fJ ) / _ O 2
NAME OF DEVELOPER: Castlerock Development a California Corporation
DEVELOPMENT: 3F Meadows
ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 1,500,306.00
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 Castlerock Development,
a California Corporation (hereinafter referred to as"Developer").
RECITALS
A. Developer has requested development of the property know as 3-F Meadows
(hereinafter referred to as "Project') in the City of Atascadero. A Master Development Plan
for the Project is attached hereto as Exhibit A to this Agreement. This property is shown
on the City Zoning Map and is designated as Planned Development Overlay Zone No. 11.
The conditions of development for Planned Development Overlay Zone No. 11 are described
in the Atascadero Municipal Code Section 9-3.656 (hereinafter referred to as "PD-11
Conditions').
B. Developer has requested that the City approve and record final Lot Line Adjustment
2000-0005 (aka ATAL 00-192) and approve the related Master Development Plan prior to the
completion of improvements required by PD-11 Conditions.
C. In consideration of approval of final Lot Line Adjustment 2000-0005 (aka ATAL 00-
192) and the Master Development Plan, Developer desires to enter into this Agreement,
whereby Developer promises to install and complete, at Developer's own expense, certain
public improvements required by City in connection with the Project.
D. The Master Development Plan attached hereto as Exhibit "A" depicts specified
collector roads that are to be constructed as a condition to approval by the City of the 11aster
3F Meadows Agreement Page 1 of 4
Development Plan. These collector roads are referred to hereinafter as "the Onsite Public
Improvements".
E. In addition to the Onsite Public Improvements, there are certain offsite public
improvements that must be constructed by Developer in connection with the Project
pursuant to Atascadero Municipal Code Section 9-3.656(c)(3). These offsite public
improvements are described in Exhibit "B" attached to this Agreement. The offsite public
improvements described in Exhibit B are hereinafter referred to as the "Offsite Fublic
Improvements".
F. An estimate of the cost for construction of the Onsite and Offsite Public
Improvements has been made, approved by the City Engineer and is referred to hereinafter
as the "Estimated Total Cost of Improvements". The Estimated Total Cost of Improvements
is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit
"C" to this Agreement.
G. Developer recognizes that by approval of final Lot Line Adjustment 2000-0005 (aka
ATAL 00-192) and the Master Development Plan, City will conferred substantial rights upon
Developer, including the right to sell, lease, or finance lots within the Project. City will be
damaged to the extent of the cost of installation of the Onsite and Offsite Public
Improvements should Developer fail to perform its obligations under this Agreement. City
shall be entitled to all remedies available to it pursuant to this Agreement and law in event of
default by Developer.
NOW, THEREFORE, pursuant to the provisions contained in PD-11, and in consideration of
the approval of the final Lot Line Adjustment 2000-0005 (aka ATAL 00-192) and the Master
Development Plan, the parties hereto do promise and agree one with the other as follows:
1. Developer is to make and complete the Onsite and Offsite Public Improvements
within three years from the date of issuance of the first residential building permit.
2. Developer promises and agrees to complete all Onsite and Offsite Public
Improvements to the satisfaction of the City Engineer.
3. If said improvement work is not completed within three years of the date of issuance
of the first residential building permit, Developer agrees that City may elect to complete the
same.
4. In the event City elects to complete the Onsite or Offsite Public Improvements,
Developer agrees that City may exercise it's option to declare the bond or deposit, as
hereinafter described, forfeited and utilize the proceeds, including any interest, to corr-)lete
said improvements or that City may complete said improvements and recover full cosi: and
expense thereof including reasonable attorney fees from Developer and his surety.
5. Developer shall, prior to or concurrent with receiving approval of the Final Lot Line
Adjustment Map, file improvement securities with City, in a form acceptable to the City
Attorney;(1) Performance Guarantee in the amount of one hundred percent (100%) of the
Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City
Engineer; and (2) Labor and Materials Guarantee in the amount of fifty percent (50%) of the
Estimated Total Cost of Improvements.
3F Meadows Agreement Page 2 of 4
g, The Labor and Materials Guarantee_will be released when the improvements are
deemed substantially complete by the City Engineer. Developer hereby agrees that after the
completion and acceptance of the Onsite and Offsite Public Improvement, ten percent(10%)
of the Performance Guarantee shall be retained for the guarantee and warranty of the work
for a period of one year. The remaining ninety percent (90%) shall be released and returned
to Developer.
7. 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.
8. 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.
9. Developer shall, defend, indemnify and save harmless 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
Developer or of agents, employees, or independent contractors directly responsible to
Developer, unless a particular improvement was specifically required by City over written
objection by Developer submitted to the City Engineer, 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 Developer, Developer's agents, employees, or
independent contractors. Nothing contained in the foregoing indemnity provisions shall be
construed to require Developer to indemnify City against any responsibility or liability in
contravention of Section 2782 of the Civil Code.
10. 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 or any other municipal or state jurisdiction that owns the land that has E')een
improved.
13. Sale or other disposition of this property will not relieve Developer from the
obligations set forth herein. Developer 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 Developer sells
the property or any portion of the property within the Subdivision to any other person,
Developer may request a novation of this Agreement and a substitution of security. Upon
approval of the novation and substitution of securities, Developer may request a release or
reduction of the securities required by this Agreement. Nothing in the novation shall relieve
Developer of the obligations under Paragraph 2 for the work or improvement done by
Developer.
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.
3F Meadows Agreement Page 3 of 4
16. 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
6500 Palma Avenue
Atascadero, CA 93422
Developer: Castlerock Development, a California Corporation
202 H-3 Tank Farm Road
San Luis Obispo, CA 93401
17. 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 its City Manager.
IN WITNESS WHEREOF Developer has hereunto set his hand and City has caused tihese
presents to be signed by its duly sworn and authorized officers the day and year first hereinabove
written.
CITY OF ATASCADERO DEVELOPER
Wade G. McKinney, City anager 136rren Shetler, President
Castlerock Development, a California
Corporation (notarize signature)
Attest:
I f y ��
Marcia M. Torgers�n, Cit lerk
App ed as to co tent:
Steven B. Kahn, City Engineer
A ovedd as to f rm-
Hanley, City ney
F
3F Meadows Agreement Page 4 of 4
i%00* EXHIBIT — "B" VAOW
3F Meadows Offsite Public Improvements
Certain offsite public improvements must be constructed by Developer in connection with the 3F
Meadows Project pursuant to Atascadero Municipal Code Section 9-3.656(c)(3). These offsite
public improvements are described as follows:
(3) Road Improvements--Off-Site.
(i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San
Marcos Road where curve radii is less than two hundred (200) feet. Curve widening shall be
constructed in conformance with Section 4, Paragraph F of the City Standard Specifications,
or as approved by the City Engineer. Plans for the curve widening shall be submitted for
review and approval by the City Engineer prior to the approval of the Master Development
Plan.
The curve widening on Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase
1, whichever is earlier.
(ii) A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road
and San Marcos Road and shall be constructed with the development of Phase 1 of the
project and prior to the issuance of building permits. (Note: This requirement has been
satisfactorily completed by Developer.)
(iii) San Marcos Road between Los Altos Road and the project boundary shall be
improved preparatory to acceptance of this portion of road into the City maintained system.
Curve widening shall be constructed where curve radii is less than two hundred (200) feet.
Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City
Standard Specifications, or as approved by the City Engineer. Improvement plans for the
curve widening shall be submitted for review and approval by the City Engineer pr,Dr to
approval of the Master Development Plan.
San Marcos Road between Los Altos Road and the project boundary shall be
improved prior to the development of Phase 1 of the project and prior to the issuance of
building permits. (Note: This requirement has been satisfactorily completed by Developer.)
(iv) The applicant shall enter into a maintenance agreement with the City for the portion
of San Marcos Road between Los Altos Road and the project boundary. The agreement
shall guarantee that damage to the road which results from construction traffic generated by
the development of the project is properly repaired. The agreement shall be reviewed and
approved by the City Engineer and the City Attorney. The agreement shall remain in-force
throughout construction of Phase 1 and Phase 2 of the project.
A maintenance security in a form acceptable to the City Attorney and the City
Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and
the project boundary. The maintenance security shall remain effective until final acceptance
of both Phase 1 and Phase 2 of the project. (Note: This requirement has been satisfactorily
completed by Developer.)
(v) Left-turn lanes shall be constructed on State Highway 41 for eastbound traffic
entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for
the left-turn lanes shall be submitted for review and approval by Caltrans and the City
Engineer prior to approval of the Master Development Plan.
3F Meadows Agreement-Exhibit"B" Page 1 of 3
NOW N"O"
The left-turn lanes for Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches five hundred (500)vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase
1, whichever is earlier.
The left-turn lanes for the driveways accessing Lots 109-112 shall be constructed
with the development of any portion of Lots 109-112.
(vi) Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway
41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for
the refuge lanes shall be submitted for review and approval by Caltrans and the City
Engineer prior to approval of the Master Development Plan.
The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos
Road reaches five hundred (500) vehicles per day, with the development of the twenty-
seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase
1, whichever is earlier.
The vehicle refuge lane for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(vii) The improvements required to achieve a minimum of five hundred fifty (550) feet of
sight distance shall be constructed at the intersection of Los Altos Road and State Highway
41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41.
Improvement plans for the site distance improvements shall be submitted for review and
approval by Caltrans and the City Engineer prior to approval of the Master Development
Plan.
The site distance improvements for Los Altos Road shall be constructed when the
ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development
of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building
permits for Phase 1, whichever is earlier.
The site distance improvements for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(viii) Advisory and warning signage shall be installed along State Highway 41 to advise
drivers of the approaching intersection with Los Altos Road and the driveway serving Lots
109-112. Signage shall be installed which indicates a left-turn lane ahead. Improvement
plans for the signage improvements shall be submitted for review and approval by Caltrans
and the City Engineer prior to approval of the Master Development Plan.
The signage improvements for Los Altos Road shall be constructed when the ADT
on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the
twenty-seventh lot in Phase 1, or within three (3)years of the issuance of building permits for
Phase 1, whichever is earlier.
The signage improvements for the driveways accessing Lots 109-112 shall be
constructed with the development of any portion of Lots 109-112.
(ix) Designated right-turn lanes shall be constructed on State Highway 41 for westbound
traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement
plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the
City Engineer prior to approval of the Master Development Plan.
Page 2 of 3
3F Meadows Agreement-Exhibit"B"
The right-turn lane for Los Altos Road shall be constructed when the ADT on Los
Altos Road reaches
n Phasef'1 eor withinhundred
vehicls per years of theday,
issuance off builp
twenty-
seventh to ding permits for Phase
1, whichever is earlier.
The right-turn lane for the driveways accessing Lots 109-112 shall be constructed
with the development of any portion of Lots 109-112.
(x) Curve widening shall be constructed on the following roads where curve radii is less
than two hundred (200) feet. Curve widening shall be constructed in conformance with
Section 4, Paragraph F of the City Standard Specifications, or as approved by the City
Engineer. Plans for the curve widening shall be submitted for review and approval by the City
Engineer prior to the approval of the Master Development Plan.
a. Laurel Avenue from Santa Lucia Road to Cenegal Road.
b. Cenegal Road from Laurel Avenue to the project boundary.
The curve widening shall be constructed when the ADT on Laurel Avenue reaches
five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2,
or within three (3)years of the issuance of building permits for Phase 2, whichever is earlier.
(xi) A three-foot wide Class II base or other all weather surface walkway shall be
provided along one side Cenegal Road from the project boundary to Laurel Avenue and
along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City
Engineer. Improvement plans for the walkways shall be submitted for review and approval by
the City Engineer and Community Development Director prior to approval of the Master
Development Plan.
The three-foot-wide pedestrian walkway shall be constructed when the ADT on
Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the
thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for
Phase 2,whichever is earlier.
Page 3 of 3
3F Meadows Agreement-Exhibit"B"
Now
EXHIBIT "C"
ESTIMATED COST OF IMPROVEMENTS
San Marcos and Cenegal Road Improvements
Item Quantity Unit cost/Unit Cost
EARTHWORK 1.00 LS 7,500.00 7,500.00
CLEAR AND GRUB 1.50 178,735.50
EARTHWORK CUT AND FILL 119,157.00 CY
R 875.00 LF 56.00 49,000.00
RETAINING WALLS COMPLETE
HYDROSEED&RE-VEGETATE SLOPES 35.00 AC 1,040. 36,400.00
520.80 EA 5.6611 2,921.69
STRAW BALES
274,557.19
TOTAL EARTHWORK
PAVING AND SURFACING
CLASS 2 BASE UNDER ASPHALT-7.5" 8,990.87 TONS 10.41 93,594.95
3,182.00 TONS 43.72 139,117.04
ASPHALT PAVING-2.5"
15.00 50.08 751.20
ASPHALT DRIVEWAY APRONS- 18'WIDE LF 044 4,361.72
STRIPING&PAINTING 9,913.00 LF .
TOTAL PAVING AND SURFACING 237,824.91
WATER
WATER LINES, 10" PVC MAIN 9,913.00 LF 17.00 168,521.00
WATER SERVICE ASMBLY, 1"-INCLUDES PIPING 15.00 LS 325.00 4,875.00
WATER VALVE, 10" VALVE ASSEMBLY 10.00 EA 1,126.74 11,267.40
FIRE HYDRANT ASSEMBLIES W/GATE VALVE 20.00 EA 1,224.00 24,480.00
BLOW OFF ASSEMBLIES 3.00 EA 475.00 1,425.00
AIR &VAC RELIEF ASSEMBLIES 3.00 EA 250.00 750.00
TOTAL WATER 211,318.40
STORM SEWER
SINGLE DROP O.S. DRAIN WITH A.C. DIKE 35.00 EA 236.00 8,260.00
24"CMP STORM DRAIN 2,008.00 LF 11.89 23,880.67
36"CMP STORM DRAIN 425.60 LF 17.15 7,299.57
HEADWALL STRUCTURE 2.00 EA 1,438.00 2,876.00
BENCH DRAIN 372.00 LF 15.00 5,580.00
V-BROW DITCH 189.00 LF 1.72 325.08
300 LBS. ROCK RIP-RAP @ FLARED END 26.00 TN 40.00 1,040.00
GEOTEXTILE FILTER FABRIC UNDER RIP-RAP 208.00 SF 3.82 794.56
TOTAL STORM SEWER 50,055.88
UNDERGROUND UTILITIES
TRENCHING&BACKFILL 9,913.00 LF 7.78 77,123.14
VAULTS/BOXES 1.00 LS 23,800.13 23,800.13
CONDUIT 7,383.20 LF 2.52 18,605.66
TOTAL UNDERGROUND UTILITIES 119,528.93
TRAFFIC APPURTANCES
SIGNS(stop,no parking) 2.00 EA 130.00 260.00
50
SURVEY MONUMENT WELLS 68.00 EA 2 .00 17,000.00
17,260.00
TOTAL TRAFFIC APPURTANCES
SUBTOTAL: $ 910,545
Pape 1 of 3
3F Meadows Agreement-Exhibit"C"
EXHIBIT"C"
ESTIMATED COST OF IMPROVEMENTS
Left & Right Tum, Vehicle Refuge Lanes, Advisory &Warning Signs and Sight Distance
Improvements at Highway 41 and Lots 109 - 112
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt
1,300 LF 0.80 $ 1,040
Remove Existing Asphalt 47 CUYD 25.00 $ 1,175
Slope Grading
15 CUYD 3.50 $ 53
5"Type"B"Asphalt 95 TN 44.72 $ 4,248
6"Asphalt Dike 45 LF 3.25 $ 146
Class II Base 150 TN 11.41 $ 1,712
Add New Striping 2,312 LF 0.44 $ 1,017
Add Painted Stop &Stop Bar
1 LS 150.00 $ 150
Add Stop Sign at corner 1 LS 130.00 $ 130
Add Warning &Advisory Signage 1 LS 1,120.00 $ 1,120
Subtotal: $ 10,791
Curve Widening and Y DG Walkway on Laurel & Cenegal
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 1,755 LF 0.80 $ 1,404
Remove Existing Asphalt 39 CUYD 25.00 $ 978
2.5"Type"B"Asphalt 38 TN 44.72 $ 1,693
Class II Base 96 TN 11.41 $ 1,101
Add New Striping 3,600 LF 0.40 $ 1,440
Add Painted"Stop"&Stop Bar 1 LS 150.00 $ 150
Stop Sign at Laurel/Santa Lucia 1 LS 130.00 $ 130
Street Name Sign at Laurel/Santa Lucia 1 LS 130.00 $ 130
3"DG Walkway, T Wide 420 TN 8.00 $ 3,364
Subtotal: $ 10,390
Curve Widening at Los Altos
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 1,305 LF 0.80 $ 1,044
Remove Existing Asphalt 10 CUYD 25.00 $ 250
Add 2.5"Type"B"Asphalt 46 TN 44.72 $ 2,068
Add 6"Class II Base 118 TN 11.41 $ 1,345
Add 6"AC Dike 405 LF 3.25 $ 1,316
Add Striping 3,200 LF 0.44 $ 1,408
Add Rip-Rap at Existing 36"CMP 3 TN 42.00 $ 126
Grading at Existing 36"CMP 100 SF 2.50 $ 250
Repair 4'x4' Pothole 1 LS 198.00 $ 198
Subtotal: $ 8,005
3F Meadows Agreement-Exhibit"C" Page 2 of 3
EXHIBIT"C"
ESTIMATED COST OF IMPROVEMENTS
Left & Right Turn, Vehicle Refuge Lanes, Advisory &Warning Signs and Sight Distance
Improvements at Highway 41 and Los Altos
Item Quantity Unit Cost/Unit Cost
Sawcut Existing Asphalt 880 LF 0.80 $ 704
Remove Existing Asphalt 39 CUYD 25.00 $ 978
Slope Grading 49 CUYD 3.50 $ 172
5"Type"B"Asphalt 123 TN 44.72 $ 5,498
6"Asphalt Dike LF 3.25 $ -
Class II Base 209 TN 11.41 $ 2,385
Extend Existing 24"CMP 3 LF 35.03 $ 105
Add 4'x4'x2'deep Rock Rip-Rap(25#Rock) 0.40 TN 177.00 $ 71
Remove Existing Striping 1,140 LF 0.10 $ 114
Add New Striping 1,360 LF 0.44 $ 598
Add Painted"Stop"&Stop Bar 1 LS 150.00 $ 150
Add Stop Sign at corner 1 LS 130.00 $ 130
Add"Los Altos"Street Name Sign at corner 1 LS 142.00 $ 142
Add Warning &Advisory Signage 1 LS 816.00 $ 816
Subtotal: $ 11,863
Summary of Estimated Costs
San Marcos and Cenegal Road Improvements $ 910,545
Left&Right Turn, Vehicle Refuge Lanes, Advisory&Warning Signs and Sight Distance
Improvements at Highway 41 and Lots 109- 112 $ 10,791
Curve Widening at Los Altos $ 10,390
Left&Right Turn, Vehicle Refuge Lanes,Advisory&Warning Signs and Sight Distance
Improvements at Highway 41 and Los Altos $ 11,863
Subtotal $ 943,589
Contingency @ 3% $ 28,308
Supervision @ 3% $ 28,308
Total Estimated Cost $ 1,000,204
100% Performance Guarantee: $ 1,000,204
50°x6 Labor&Materials Guarantee: $ 500,102
Total Guarantee Amount: $ 1,500,306
3F Meadows Agreement-Exhibit"C" Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of _ 1'�\ r`. r C��
County of
On _7\_r1 -y, t '�� �C�u . before me,
DATE NAME,TITLE OF OFFICER E.G.,JkNk DOE,NOTARY PUBLIC"
personally appeared
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
*' PAMELA VENTRESCA y
o COMM.#,338343 capacity(ies), and that by his/her/their
(7 NOTARY PUBLIC-CAUFORMAL� signature(s) on the instrument the person(s),
SAN LUIS OBISPO COUNTY
), COMM.EXP,FEB,6,2006-' or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGN�7URE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
1
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184