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HomeMy WebLinkAboutAtascadero Highlands Deferred Imprv MID-STATE BANK CITY MGR. ARROYO GRANDE 805-489-42.93 1026 Grand Ave., P.O. Box 580, Arroyo Grande, CA 93420 October 1, 1990 City of Atascadero PO Box 747 Atascadero, CA 93423 RE: Irrevocable Letter of Credit No. 1155-AG Gentlemen, Ude hereby establish our Irrevocable Letter of Credit No. 1155-AG in your favor, for the account of Atascadero Highlands, to the extent of Twenty-five thousand and No/100 Dollars ($25,000.00) , available by your draft(s) at sight, drawn on us accompanied by the following document: A signed statement from the City of Atascadero stating that improvements contracted to be completed by Atascadero Highlands as set forth in Exhibit "C" to Resolution No. 111-90, were not completed according to the terms and conditions stated. All drafts drawn under this Letter of Credit must be marked, "Drawn under Mid-State Bank, Arroyo Grande, California, Letter of Credit No. 1155-AG dated October 1, 1990." We hereby engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if drawn and presented to us on or before April 30, 1991. This Letter of Credit is subject to the "Uniform Customs and Practices for Documentary Credit", 1983 Revision, International Chamber of Commerce Publication No. 400. MID-STATE BANK W. L. Kennedy Asst. Vice-President Asst. Manager DEFERRED IMPROVEMENT AGREEMENT This agreement, dated 10-04-90 is by and between the City of Atascadero, California, a municipal corporation, hereafter "City" and Bill Barnes, representating Atascadero Highlands, here- after "Developer" . RECITALS WHEREAS, the City' s Public Works Director entered into certain "Road Improvement Agreements" in 1983 and 1986 with the Developer; WHEREAS, the City and the Developer agree as to the remaining improvements to be constructed pursuant to these agreements; WHEREAS, the City has adopted Resolution No. 111-90 , attached and hereby incorporated herein, on September 11 , 1990; WHEREAS, Resolution No . 111-90 exempts all subsequent single- family development applications, including but not limited to building permits, lot splits, parcel maps , precise plans , subdivi- sions and resubdivis ions , from current road improvement conditions and directs staff to condition such approvals on the conditions contained in the 1983 and 1986 Agreements; WHEREAS, Resclution No . 111-90 also authorizes City staff to approve and release the specific plans covered by the 1983 and 1986 agreements when improvements are either completed or secured by an approved security. NOW, THEREFORE, in consideration of the approval and release of the specific plans , the City and Developer agree as follows : 1 . Developer agrees to construct the improvements set forth in Exhibit "C" to Resolution No. 111-90, attached hereto, within a period of six months . 2 . Developer shall construct these improvements in accor- dance with the plans and specifications approved by John McCarthy, the City' s Consultant Engineer. The parties agree that any dispute over when said improvements are completed shall be subject to arbitration according to the rules of the American Arbitration Association. 3 . The Developer agrees to perform said work at his sole cost and expense and hereby agrees to furnish an improve- ment security in the amount of $25,000.00 guaranteeing that they will faithfully and properly per- form the construction required by this Agreement and hereby securing payment for labor materials; and that the securities and said bonds shall be of a corporate surety which must be satisfactory to the City Attorney and, said bond properly executed, must be filed with the City on the date this Agreement is executed. The City agrees that when the improvements are completed it shall prompt- ly authorize the release of said surety and execute any and all documents necessary to accomplish said release . 1 Deferred Improvement Agreement City of Atascadero/Bill Barnes (Atascadero Highlands) 4 . The City shall approve and release the specific plans subject to the 1983 and 1986 Agreements either when these improvements are complete or when an appropriate security is received. From the date of adoption of Resolution No . 111-90 forward, single-family residential development applications for individual lots for property affected by Resolution No. 111-90 shall be exempt from current road improvement standards and conditions and shall be subject only to such conditions as were set out in the 1983 and 1986 Agreements and agreed to in Exhibit "C" to Resolution No. 111-90 . No additional conditions shall be imposed for a period of two years from the date of /'' this Agreement. Additional conditions may only be ap- proved with the consent of the City Council . IN WITNESS WHEREOF, the City has caused its seal to be hereunto affixed by its Officers thereunto duly authorized, and Developer has set their hands the day and year first above written. ATTEST: DEVELOPER: y' LE~' DAY A, Ciff Clerk BILL BARNES APPROVED BY: CITY: ARTHER R. MON AND Ci ttorney ROBERT LILLEY ayor 2 t=Swmf��4"o ADMINISTRATION BUILDING 5500 PALMA AVENUE ATASCADERO.CALIFORNIA 93422 DATE: 10/8/90 TO: Mr. Bill Barnes, Atascadero Highland FROM: Cindy Wilkfr(9/,r"City Manager's Office SUBJECT: Deferred Improvement Agreement, dated 10/4/90 Enclosed, for your files, is an original signed copy of the above document. ATAS-002