Loading...
HomeMy WebLinkAbout2002-020 Charnley, Andrew Subdivision CO IVTF 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 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: 10— 9 - c),�2- NAME OF SUBDIVIDER: JIMMIE D. SHORES SUBDIVISION: 9385 Musselman Ave (Tract 2444), Atascadero, CA ESTIMATED TOTAL COST OF IMPROVEMENTS: $101,496.10 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 JIMMIE D. SHORES (hereinafter referred to as "Subdivider'). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2444 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 Tract Map 2444 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 parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract Map 2444 or have entered into a secured agreement with City to complete the improvements and land development within a period of time specified by City. October 8,2002 Tract Map 2444 Agreement Page 1 of 7 D. In consideration of approval of Tract Map 2444 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 Tract Map 2444 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" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2444, 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 Tract Map 2444 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 Tract Map 2444, 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 Tract Map 2444 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 Tract Map 2444 shall be completed within one year 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. 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 year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. October 8,2002 Tract Map 2444 Agreement Page 2 of 7 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. 7. 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 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. October 8,2002 Tract Map 2444 Agreement Page 3 of 7 �l�r✓ `,rrrr� 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 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Jimmie D. Shores 6700 EI Camino Real Atascadero, CE 93422 Surety: Hurst Financial Corporation 7340 Morro Road Atascadero, CA 93422 Phone: (805) 466-1776 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. October 8,2002 Tract Map 2444 Agreement Page 4 of 7 titirrr� 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 SUBDIVIDER: A" By: I k %A (notarize signature) Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk c Approved as to content: St en B. ahn, P.E. City Engineer A roved as tp f rm: oHanley Cit ttorney October 8,2002 Tract Map 2444 Agreement Page 5 of 7 ®rrrr' Exhibit A �[',��. ili[ikiiiil!iii MIT ' r W', � }t.:. I{j!Ijyi�il: rpt:! nMrrI .itd,�: YS.g� ?4 No. item Desori tion Qua ritty Unita Unft Cast Item 7ofa1 Totals 1 Moblllration Mobigzation Total Y - $2,500.00 2 13fte Clear and Grubb --__ _-__- 1 LS $2,000.00 $3,000.00 _ $3,000.00 _ 3 Demollton -,asphalt sawcutting - 24 $120.00 remove asphalt 1400 SF $11.00 $1,400.00 _ Demolition Total, -_ ---$1,520.00 4 Earthwork --- cut --- -350 CYI $4.00 $1,400.00 -- ----- fill -._ 354J.__ CYC $4.00 $1,400.00 overexcavation and racompact subgrade 326 -CY - $6,75--. finish rading M - 1 - - LS $3,000.00 $3,000.00 - -- erosion control _ _1050 SF; -�-Earthwork Total --5 Road Surface Improvement - handiceR concrete driveway apron $ 81 SF __$4.00 _ $324.00 _ concrete curb_&Quftter -'-- 215 LFl^ $11.00 $2,365.00---- concrete sidewalk 278 -S+ $2.75 $787.25 ._ 2.5"T 8'asphalt paving 8,3751 SF - $0.70 $5,862.50 _. Class 2_aare�ate base - ---- 24E5' $9,066.00 _$37.00 $8,065.00 Eayemenl Marking ----.-- 0 5F __- $3.00 $0.00 -_^.-- L t -A $175.00 $175.00 _ - _ bass ----_.__. ...._ 268 `,F�^- __$2.00 $530.00 _s -_.L..�._-- --_._- --'------- .-$18_83275 Read Surface Imp.Total - --._ __-- - sedimentation berners and maintanece 1 - LS $250.00 _ ;cwbdrairhagelnlet 1 E:A $1,800. 1 $1,600.00 _ -'- ----�- - 20 LF _$20.00 $400.00 -�15-inch CMP --�- - ---- -.-...-- -- - . 350 -`-SF $10.00 $3,500.00 --retaining - -�. .- ._.�-...._.___..._ trash rack I outlet ate t; !.S! $300.00 $300.Q0 -3 CY $125.00 $375.00 rock r _.�,-_-. -- $6,625.00 Drainage and EC 7 Water System Im 6-inch PVC waterline ---303: -F; _$18.00 $5.454.00 _.. tie-in to existi-i PVC water - 1 EAi _ $400.00 $400.001 fire h Brant assembI - t, 1 EAi $2,0000-.-00 $2,000.00 -.-- thtUst blocks - 4 EAS $125.00 $500.00 - -.. bbw.offassembly 2: $600.00 $1,200.00 _ 1.Inch service lateral 8' EAl ^_$600.00 $5,400.00 y _ '.--' Water Total 514_9;4.00 _ __ - _ 6 Sewer 3 am Improvements ' -I-� '------- 84nch PVC sewer 715 -_ A $14$14M $10,Ot -_.. sewer manhole - 3 F $1,800.00 _tie-tn to existing sewer _I EA i _ $500.00 $500.00 _ -inch sewer lateral - _ 9 Ai $475.00 _- $4,276.00 4 _ - 4Concrete backfill -�-- - 18 - OY $75.00 2 EA $50000 $1,000.00 sewer cleanout _� $22,610.00 . SewerToti 8 siTE UTILITIES int trench - -455 LF $8.00 SA,085.00 2-Inch as 3_78 L-Pi - $2,268,00 ^ -- 31taUtiltleaTotal -' SU8-TOTAL -� ^.__ 585,451.00 Engr.Opinion of Probable Cost-TRACT 2444. October 8,2002 Tract Map 2444 Agreement Page 6 of 7 `'�wrlr� �twirn+ 1a p11tW;ellaneoua _ _ Surveying 1 Const.Layout ✓� 1 Ls, $3,000.00 _ Inapectlon!Testln9 1 u LSAT_ $2,500.00 10%Contingency $8,548.10 - Miscellaneous T $i6.04fi.10 GRAND TOTAL 5101 498.10 re t3 : m Haut i — I VII, Russel]S.T n,PE tete lRedstered CNN Engineer C43,06 Exp,3-31-04 V �,�OFESS/a 1 PE N0. C43069 * EXP 3-31.04 OF Engr.Opinion of Probable Cost-TRACT 2444. uctooer o,euuz Tract Map 2444 Agreement Page 7 of 7 *010' *40190 STATE OF California COUNTY OF San Luis Obispo On October 8, 2002 before me, Debra Pittenger York, Notary Public (Name, Title of Officer) personally appeared Jimmie Dee Shores 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and cial seal. DEBRA PITTENGER YORK COMM. # 1292778 3 L, 10 - - NOTARY PUBLIGCALIPORNIA C) (Signature of Notary Public SAN LUIS OBISPO COUNTY0 0 COMM, Q P. MARCH 1 2005� (This area for notarial seal)