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HomeMy WebLinkAboutDavis, Gordon - Deferred Imprv. Agmt. ' 1 DEFERRED IMPROVEMENT AGREEMENT This agreement, dated 09-25-90 is by and between the City of Atascadero, California, a municipal corporation, hereafter "City" and Gordon T. Davis, et al, representating Las Encinas II , hereafter "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 resubdivisions, from current road improvement conditions and directs staff to condition such approvals on the conditions contained in the 1983 and 1986 Agreements; WHEREAS, Resolution 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 $50,000.00 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/Gordon T. Davis, et al (Las Encinas II) 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 ;v 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. ATTE T: DEV OPER: ADLEEDAY CityJerk T. DA IS APPROVED BY: CITY: AR ER R. M NTA N, City Attorney R ERT-B.- LILL Mayor 2 1 W LL z ' O NOO E00 ~ dC c •�/ r£ Ln C LU z 4-0 1- E �L 2 O Cl (a O :' 40. �=O. �a N 0 ;.C71 O 't7 1 x. m a� Y O a K g° (� i Wg° p ^�^'' f11 OOrO _ =ES im O p �K A1C 8 '_' So N W e- e- N Z W v c ti O W Q iC u e. CL dL U = ¢ Iv� w w H ft - E— cc O J c «e y _ C�C a a =a: 0 IL ZIr +- L N NL H w Q O q`"E a C �� - o m O LL W ¢ p K is A- c� Q 00— cc /� . QiC 'K o dE mE U-- N cr W Q c�. E aZ,, y C U `- ; O # JiC o m o_ya m H t�0 W = v o` E E— Q J W 'K K 94, - 04)- OL O UQ K co — F- W z is c 12 E ~} L N 2 Z H ~ c e m c 'A N O O c U > a 1 cc ccm O is dC o O 0 N Q ! LL # o mz O �` � Z E.y 0 c� Z N.aCM E m" m _ t0._:5 W "tot *W 0 z As Q Nam ¢ U UH �c �� - Qp °'=C O d= N% Owo � a A Wq c E cL E JQ = C'NO� W L.y . v= u �. Q W O 40 W E..i E, of U -9 W e H O U� o a> 3 '', (n -�3 Co i` q L Wiz _ 6 CJ 2f Q ° E a a rl cd M C71.tS� O �m mO= E ! as�/ CC s_ my0 > F+�1 o OW N aNyC 0 Z F- z U O d '�� 0 <=) =-D Q E o^ oS=3.� C� ria C�� co EON O � NJ QQE c e"�i� ae W _ v v9=rss ¢ a 'C5 E`� z u LL O .Ld' os -W o c °o m �W z c> >`>'1 z F- - EY y w O w Y ;a am mi cc wAw Ir W W m ��2x ? = W = Q w QO W = cNi���icr C LL O } cy�.=�"� C V = C VCLLI � N m W G Z y/ LL = Q C o Ir w N= Z � }1 l Q.��.+�+ N O F- a q9 0 o a E: c m a a ? a I_I m I ¢ *aw AIo%dff NORTH COAST ENGINEERING, INC. 19%0/= Civil Engineering • Land Surveying • Project Development September 24 , 1990 V E 0 Mr. Ray Windsor, City Manager CITY MGR. City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Re: Davis, etal. Roads Dear Mr. Windsor: The road construction for the Davis, etal. roads does occasional- ly wander outside the original right of way. I added a condition on Exhibit "C" that the developer is to supply additional road right of way as needed. In conversation with Mr. Davis, it has come to my attention that many of the lots have been sold. Since Mr. Davis cannot grant property which he does not own, the intent of the note as stated on Exhibit "C" is that Mr. Davis, etal. are to provide the right of way as necessary for lots under their control. It is hoped that this letter serves to clarify this issue. Sincerely, �J / Joh R. McCa hy, P.E. Vic Preside t J74)jr xc: Gordon Davis Bill Barnes Gordon Davis (Las Encinas Partners II) 9014901.1tr 715 24th Street, Suite 0 Paso Robles CA 93446 (805) 239-3127 FAX (805) 239-0758 ' w DEFERRED IMPROVEMENT AGREEMENT This agreement, dated 09-25-90 is by and between the City of Atascadero, California, a municipal corporation, hereafter "City" and Gordon T. Davis , an individual, hereafter "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 resubdivisions , from current road improvement conditions and directs staff to condition such approvals on the conditions contained in the 1983 and 1986 Agreements; WHEREAS , Resolution 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 $100 000 00 _ guaranteeing that they will faithfully and properly per- form the construction required by this Agreement and hereby securing payment for labor materials; and that the securities and said bonds shall be of a corporate surety which must be satisfactory to the City Attorney and, said bond properly executed, must be filed with the City on the date this Agreement is executed. The City agrees that when the improvements are completed it shall prompt- ly authorize the release of said surety and execute any and all documents necessary to accomplish said release . 1 Deferred Improvement Agreement City of Atascadero/Gordon T. Davis 4 . The City shall approve and release the specific plans subject to the 1983 and 1986 Agreements either when these improvements are complete or when an appropriate security is received. From the date of adoption of Resolution No. 111-90 forward, single-family residential development applications for individual lots for property affected by Resolution No. 111-90 shall be exempt from current road improvement standards and conditions and shall be subject only to such conditions as were set out in the 1983 and 1986 Agreements and agreed to in Exhibit "C" to Resolution No. 111-90 . No additional conditions shall be imposed for a period of two years from the date of this Agreement. Additional conditions may only be ap- proved with the consent of the City Council . IN WITNESS WHEREOF, the City has caused its seal to be hereunto affixed by its Officers thereunto duly authorized, and Developer has set their hands the day and year first above written. ATTEST: DEVELOPER: i r LEE D YKA, -C-ity C1 rk GO DAVIS APPROVED BY: CITY: ART E M •NT ON, �City_Attorney OBE . LILLE Mayor 2 a Z �n m n Z N O Ka-� r :6 x M pD m r > n 45 ? ; aad Dm c� m n as?cc,,, M. m r CO m D x K�= : = m C� m CD Z 1 U) Z r m 1 <,g Q o z 4 m D ao m = O T rt o O ZQx m pr :v �� ^�� m 0 �Ot— D 9 O tT `. I.yr * X f) �..� OSa D � 1p ee�o$ � g� D Q. I CL CD O D N 0 to a �f H o c mN<" DA A 'S0 e - -o =T. �t O o+ac3 - OW. L2!1=R �< m a-'-- < DD' O aro cD c4 r a g" (Ap<DW Zm W d °�gg14" . ^ moo iCL=w o W ►- " <r m w a 3 d 7C aym CRD CO(aEn 10 " yy m ; � � x >r- 00- r0 av�a m mm o tz1 \i i t t rt a 3 c o .« x mz "K- o PO 0 C N =c.* ZQ m to J i0 QA p40 ~� o . CD� O c m �� 0 mr' N �Fs n �I CD CD CD D y o 3579— rA C z o � aan� CD <-< a i r » Cil O -fc � '' n r o ' x y ywn m pH a r �E �t• D I go CL x• '� D x Clal �0 Q `. o g m �E O �1 m T rr l m H =CD W -: ZmCxQ 3 C owo a X r, D 37 Qy t x Z -Di -D-1 � �d - D N fD Z 030 > x —1 m m ,^r= " w x• x = n r. m z �m .. __ m I �Cob y '�� N uu do O N ` (D m s a« ! V >E �F m O OS 0 > 1 j cD O W O O z p� a '� O u A} V 1 �. -Di o o W= E p W `m�N s � r �� O e+ C � �t Z 'M C O 1+ 37 r fA= Z O c (D m d La �f = to r o r-F MC) _.. A//'*C NORTH COAST ENGINEERING, INC. rV� Civil Engineering • Land Surveying • Project Development September 24, 1990 C: EI \1ED S E D i?9U Mr. Ray Windsor, City Manager City of Atascadero CITY MGR. 6500 Palma Avenue Atascadero, CA 93422 Re: Davis, etal. Roads Dear Mr. Windsor: The road construction for the Davis, etal. roads does occasional- ly wander outside the original right of way. I added a condition on Exhibit "C" that the developer is to supply additional road right of way as needed. In conversation with Mr. Davis, it has come to my attention that many of the lots have been sold. Since Mr. Davis cannot grant property which he does not own, the intent of the note as stated on Exhibit "C" is that Mr. Davis, etal. are to provide the right of way as necessary for lots under their control . It is hoped that this letter serves to clarify this issue. Sincerely, /--� Joh R. McCa hy, P.E. Vic Presidelt : JRM)j r xc: Gordon Davis Bill Barnes Gordon Davis (Las Encinas Partners II) 9014901. 1tr 715 24th Street, Suite 0 Paso Robles CA 93446 (805) 239-3127 FAX (805) 239-0758 RESOLUTION NO. 111-90 A RESOLUTION OF THE ATASCADER0 CITY COUNCIL ACKNOWLEDGING CONDITIONAL ACCEPTANCE OF THE "GORDON DAVIS ROADS" INTO THE CITY' S MAINTAINED ROAD SYSTEM WHEREAS , the City of Ata scaderc Public Works Director entered into a., Agreement for road i.,provements with Gordon T. Davis in 198.: and aca_n In 10E6 ( See Exhlhnits A & E, attcChed,' ; ar-d WHEREAS , Gordon T. Dav-is has ae'tit,-one,-!ft tale City to accept the a S covered bv- 1 S3 n 1 9 e e i"c }^ `ity-Ma-in- .'o d the 9�� a:::: � ..6 Agre_r, r;.. �n��, the taired S,stEm; and WHERE�.S , the City' c Public Works Department has reccmmended ,gainst acceptina- certain r cads , or portions thereot , into the ...-ity Maintainer? Sy-tem perd.ny the-ir meet-ing the Terms and Ccnditicns of the 19'u3 a.I'-f _a 5:, Agreemen__ ; c.:1d WHERE)-.S , in order to rescl`.'e the -issue, t)...-' ;nd Gordo T. Dlavis ha,'Ye negotiated a Settlement leading tc an agree_.-upOn i ist of ad- itional imprcvement., ( see E:_hibi t C, attached) , which, upon come et -ion and inspection by the City, wi'l lead tc a blan}:et acceptance of al! roads covE,red by t.:e 1953 and 1926 7�greements the City-MF__ .:itained System; and ?;HER AS the adoption by v'cu.-hc of a resolut- on accepting all- road: cove ed by the 198, and Agreements -iI>tv the C:-ity-!, ain- ta-:1ed System will fc'rmal_ze , as -:c_icy, the e:.empt_on of a_1 �.1:'L':SE -i.:gle-falT.1 re- ifentla -:'eve cpme!-t appllc^-ctl^.... f0' r a '' rrw f'-cm rCaa imp' O`,Ie.Tjj n. zor-14 _ons exz.2p„ a:: n a,r be O 't�lli! t-i0i1 w- th drI ew ty =i1O }a�'t1Il1E 1t p rTu1t: . NOW, THEREFORE , the .'it " Counc__ does _esoyve as fc1j_cw;.� . z _s directed tc establish cc::ditiors :or speci._c Fla.is wit' the 1_ Z3, and .GBr AgrE'eme2.:s Ccnsl.Ste :t with Exhibit C; 2 . Staff IZ directed to forma-, -- consummate this ayreeme.nt , Including the acce.tante of yan improvement security for these improvements allowing the immediate approval of precise plans . riiot-ion by Councilmember Nimmo seconded by Council- member Borgeson , the foregoing resojution is hereby adopted in its ent rety o.. the following roll-call vote : AYES : Councilmembers Dexter, Shiers, Borgeson, Nimmo and Mayor Lilley NOES: None ABSENT: None ADOPTED : September 11, 1990 RESOLUTION NO. 111-90 ( Cont ' d) 1 i ATTEST: a LEE. LP: KA: `' �;erk P.OEEP. LILLF Mayor i APPROVED )�S TO FDRM: A'P ;ER P. ONTA , C-ity Attorney .s ri.r RESOLUTION NO. 111-90 Exhibit A 805/434.1834 TWIN CITIES - ENGINEERiNGI& INC. CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 January 25 , 1983 Mr. Larry McPherson City Engineer City of Atascadero P. 0. Box 747 Atascadero, CA 93423 Re : Road Construction Agreement Portions of Graves Creek Road and Santa Ana Road Dear Mr. McPherson : In accordance with discussions between Gordon T. Davis Cattle Co . and the City, the following is a summary of our under- standing of the procedures to be followed for the improvement of the roads shown on the attached plot plan. 1 . Developer to enter into an inspection agreement with the City to reimburse City for actual inspection costs. 2 . Every attempt will be made to maintain the constructed road at its mapped location. Centerline monuments will be referenced prior to rough grading. 3 . Developer will rough grade the roadway using information supplied by developer' s engineer and _ a qualified soil testing service , approved by City, to establish cut and fill slopes . A qualified soils lab , approved by City, will take representative compaction tests at developer's cost and furnish the results to the City. 4. City Engineer's office will make an on-site inspection of the completed rough grading with developer's engineer. Adjustments will be made on recommendation concerning roadway grades and site distances . Cut and fill slopes will be examined at that time along with proposed location and size of drainage structures . Judgements will be based on well-recognized standards and P.O. BOX 777 • 200 MAIN STREET . TEMPLETON, CALIFORNIA 93465 Page #2 rtoo, t Road Construction Agreement January 25, 1983 practices . Drainage calculations are to be submitted to City prior to the field inspection. 5. All underground utilities shall be placed prior to paving. Trenches are to be adequately com- pacted with appropriate backfill material . 6. Developer shall place aggregate base. This work will be inspected by the City and will require compaction tests to be furnished .by developer verifying the satisfactory placement of these materials . 7. After basing, City will review erosion control work and roadside drainage facilities . The City and developing engineer will determine the location of any roadside ditches or downdrains . 8. Developer shall re-establish and monument centerline controls for the roadway as approved by City. 9 . Developer shall provide accurate as-built plans for the roadway including plan and profile , culvert - locations and invert elevations , berm locations , utility locations , and any other improvement features . 10 . Drive approach cuts and fills will be accomplished along with the subgrade preparation in order to eliminate the necessity of disturbing the completed roadway section when the balance of the driveways are constructed to serve individual lots . A no hcarge grading permit will be obtained and plans showing the location of the access points will be presented to the Planning Department prior to approval to proceed with this work. 11. Final improved section shall be a minimum of 2" A. C. over 4" of Class 3 aggregate base assuming ' a traffic index of 4 and a minimum "R" value of 50. 12 . The upper 18" of subgrade shall be compacted to 95% relative density as measured by California Test Method No. 216 or by calibrated nuclear density instrument. 12A. Developer shall maintain the newly constructed portions of Graves Creek and Santa Ana roads for one year after the date of acceptance. ' Page #3 Road Construction Agreement January 25 , 1983 13. Final pavement width is to be 20 ' with an additional 2 ' required where A.C. berms are placed for drainage control. Aggregate base width would then be a minimum of 241' to accomodate the final pavement section. 14 . Cut ditches shall be paved with 2" of A.C. where the road grade exceeds 100 . 15. It is understood that Gordon T. Davis Cattle Co . also agrees to pay actual costs for City inspec- tion and engineering performed on this project . 16. The roads in question will be accepted for City maintenance when all the steps have been completed. Sincerely, ' Allen W. Campbell R.C.E. 20244 AWC/ss enc. cc: M. Warden L. Stevens I agree with all conditions outlined in this agreement from Mr. Campbell . J � Sinned Signed o Laxry McPherson -Corckon T. Davis Cattle Co . .� Dated :=� -�? Dated - �- � •�; ; lj �, .� ,��/^\,� ,;' tel, ,,� '� �-,_. . �-! ` ..\ � /'/; .`�\\\ � •C, \ ��•/� \�� ,\fes, � '�r �-� \�• O \, _ :1,\ \�.\`\\�� -�' .\.; ,l 1 --� \\�__ -.1r•-=- �.Yom`v� � C .. _ - COLON (RtWOLUTION NO. 111-90 i Exhibit B 805/434.1834 TWIN CITIES ENGINEERING INC, CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 June 13, 1986 Mr. Paul Sensibaugh Public Works Director City of Atascadero PO Boc 747 Atascadero, CA 93423 RE : Road Construction Agreement Portions of Atascadero Colony (See attached map) Dear Mr. Sensibaugh : In accordance with discussions between Gordon T . Davis Cattle Company and the City, the following is a summary of our under- standing of the procedures to be followed for the improvement of the roads shown on the attached plot plan. 1. Developer to enter into an inspection agreement with the City to reimburse City for actual inspection costs . 2 . Every attempt will be made to maintain the constructed road at its mapped location. Centerline monuments will be referenced prior to rough grading . 3. Developer will rough grade the roadway using information supplied by developer's engineer and a qualified soils lab , approved by City, will take b& representative compaction tests at developer' s r cost and furnish the results to the City. 4. City Engineer' s office will make an on-site inspection of the completeed rough grading with developer' s engineer. Adjustments will be made on recommendation concerning roadway grades and site distances . Cut and fill slopes will be examined at the time along with proposed location and size of drainage structures . Judgements will be based on well-recognized standards and practices . Drainage calculations are to be submitted to City prior to the field inspection. FILE COPY P.O. BOX 777 • 200 MAIN STREET • TEMPLETON, CALIFORNIA 93465 Page 2 Road Consturction Agreement Davis 6-13-86 5. All underground utilities shall be placed prior to paving. Trenches are to be adequately com- pacted with appropriate backfill material . 6. Developer shall place aggregate base . This work will be inspected by the City and will require compaction tests to be furnished by developer verifying the satisfactory placement of these materials . 7. After basing, City will review erosion control work and roadside drainage facilities . The City and developer's engineer will determine the location of any roadside ditches or downdrains . 8 . Developer shall re-establish and monument centerline controls for the roadway as approved by City. County standard monument well at road intersections and on long tangents , 5/8" rebar with metal caps at all other locations . The monument wells are also to serve as bench marks with elevations shown on the As-Built Plans . 9 . Developer shall provide accurate As-Built plans for the roadway including plan and profile , culvert locations and invert elevations , berm locations , utility locations , and any other improvement features . 10 . Drive approach cuts and fills will be accomplished along with the subgrade preparation in order to eliminate the necessity of disturbing the completed roadway section when the balance of the driveways are constructed to serve individual lots . A no charge grading permit will be obtained and plans showing the location of the access points will be presented to the Planning Department and a field review of the driveway location made prior to approval to proceed with this work . The driveway grading should be kept to no more that 50 c.y . 11 . Final improved section shall be a minimum of 2 inches A.C. over at least 4" of Class 3 aggregate base. The structural section is to be based on a traffic index of 4 and the R-value of the sub-base soils . 12 . The upper 18" of subgrade shall be compacted to 95% relative density as measured by California Test Method No. 216 or by calibrated nuclear density instrument. Page 3 Road Construction Agreement Davis 6-13-86 13. Final pavement width is to be 20 feet with an additional two foot required where A. C. berms are placed for drainage control. Aggregate base width would then be a minimum one foot outside the edge of pavement. Also an additional two foot of A. C. widening with adequate tapers will be required where sharp horizontal curves are encountered. 14. Cut ditches shall be paved with 2 inches of A. C. where the road grade exceeds 10% . 15. It is understood that Gordon T. Davis Cattle Co. also agrees to pay actual costs for City inspec tion and engineering performed on this project . 16. Developer will maintain roads for one year after date of acceptance. 17. The roads in question will be accepted for City maintenance when all steps have been completed. 18 . Generally the roads are to be developed in accordance with the attached phasing plan. The stages of the work is to take place , such as tree removal , grubbing , rough grading, etc. prior to start of construction. Sincerely, 01914- Allen W. Campb 11 R. C.E . 20244 AWC/pas +� enclosure cc : Henry Engen I agree with all conditions outlined in this agreement from Mr. Campbell . SianedSigned Paul Sensibaugh Gordon T. Davis Cattle Co . Dated 8/12�8� Dated -� 2 "'.�C � _ 1 b r•. 77jrr " " � t�� . x 1, OEL; is s • t Is — r b Y \ �� • I J .- i. S ��' v I'''mo• n= ,; ta cn m (a rS O (D rD IJ Resolution No. 111-90 EXHIBIT "C" (original maps on file under separate cover with the City Clerk)