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
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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
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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
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Resolution No. 111-90
EXHIBIT "C"
(original maps on file under separate
cover with the City Clerk)