HomeMy WebLinkAbout2004-016 Gearhart CITY OF ATASCADERO
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y
JULIE RODEWALD LO
San Luis Obispo CouW Y—Clerk/Recorder
6/29/2004
Recorded at the request of 8:00 AM
Cuesta Title Company
FOR RECORI DOC#: 2004056464 Titles: 1 Pages: 8
Fees 28.00
RECORDING REQUESTED BY: Taxes 0.00
Others 0.00
City of Atascadero PAID $28.00
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: Std 22, 2004
NAME OF SUBDIVIDER: Kelly Gearhart
SUBDIVISION: Tract 2585
ESTIMATED TOTAL COST OF IMPROVEMENTS: $135,210
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 Kelly Gearhart
(hereinafter referred to as "Subdivider").
RECITALS
A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2585
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 2585 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 2585 or have
entered into a secured agreement with City to complete the improvements and land
development within a period of time specified by City.
Tract 2585 Agreement Page 1 of 6
D. In consideration of approval of Tract Map 2585 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 2585 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 2585, 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 2585 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 2585, 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 2585 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 2585 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,
Tract 2585 Agreement Page 2 of 6
the Subdivider agrees that the City may elect to complete the same.
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
Tract 2585 Agreement Page 3 of 6
shall vest in City.
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: Kelly Gearhart
6205 Alcantara Ave
Atascadero, CA 93422
Surety:
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.
Tract 2585 Agreement Page 4 of 6
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:
By:
WOIXX�• R o arize signature)
Wade G. McKinney
citylV iar qp
T?9P
,Ma(Ciar M. Tprg6r8on
'pity.Clerk
A oved o content:
A
B. Kahn, P.E.
City Engineer
AWoved as to f rm:
oy Hanley
Cit Attorney
Tract 2585 Agreement Page 5 of 6
EXHIBIT A
KCDG JOB NO, O}009
E.S
Eslimels pate. 5/26l20b/
Projed PHn6pW. Ken Ch
V"!O Groff Inc. Piopct Manager Kan Charon
Tract 2585 Development-Atascadero,California
Opinion of Probable Construction Cost
CONSTRUCTION OF OFFSITE INFRASTRUCTURE IMPROVEMENTS
ITEM I DESCRIPTION UNIT PRICE I QUAtdM IUNrTj WINT..
DEMOLITION AND EARTHWORK
1 Sawcul/RemvetDispose AC Pavement $ 1.00 20 SF 20
2 Abandon&Demo.Exist.U round U hies S 2.00 25 LF 50
3 Cut $ 12.00 0 CY 0
4 FH $ 6.50 0 CY 0
5 Clow and Grub $ 0.12 2000 SF 240
DEMOLITION AND EARTHWORK SUBTOTAL 310
TOTAL DEMOLITION AND EARTHWORK Is 310.00
SEWER
1 lConrwect to Exfa $artite Sewer S slam $ 5 000.00 1 EA 5000
2 6"PVC Sande Sewer SBR35 $ 30.00 1000 LF 30000
3 Sanitary'Sewer Laterals i 500.00 01 EA 0
4 1 Sanitary Sewer Menhole 1 S 3,000.001 31 EA 1 9000
SEWER SUB-TOTAL 44000
WATER
1 Connect to Exisbng Water System $ 12,000.00 1 EA 12000
2 6'PVC Water Line(C9W CL.ISO) $ 30.00 25 LF 750
3 Fire Hydrant Assemwith RaAecbors $ 1,500.00 0 EA 0
ter
4 WaMeter PW Ie feral,meter,box etc. $ 1,100.00 0 EA 0
5 Water Gate Valve.6" $ 110000 1 EA 1100
6 Thrust Blocks $ 700.00 1 EA 700
WATER SUBTOTAL 14550
STORM DRAIN
I loubw Sirukadhne S 2.500.0011HCYT
0
2 12'HDPE 03 Ri Ra $ 20 0
STORM DRAIN SUB-TOTAL 0
GAS,ELECTRIC,TELEPHONE&CABLE
1 Joirrt Trench PGE,CATV.Ph $ 15.00 251 LF 1 375
2
Gas Main S 6.00 25 LF 150
GAS,ELECTRIC TELEPHONE,&CABLE SUB-TOTAL 525
TOTAL UNDERGROUND IMPROVEMENTS $ 59,075.fl0
CONCRETE
1 none i 0 LF 0
CONCRETE SUB-TOTAL 0
GRADING AND PAVING
1 Grading&Roadway SU rade Pre ration S 0,25 01 SF 1 0
2 2"AC Pavin $ 1.50 01 SF I 0
3 6"CL.2 Pon.Base $ 0.46-r- 01 SF I
GRADING AND PAVING SUB-TOTAL 0
Tract 2585 Agreement Page 6 of 7
C.
KCDG JOB ts0. 03-009
Estimate Dale: 5I26J2004
Project Pnncipat: Ken Chacon
rDengrs Croup,Inc P.1w Manager. Kan Chaeon
Tract 2585 Development-Allasccadero,California
Opinion of Probable Consbucdon Cost
CONSTRUCTION OF ONSITE INFRASTRUCTURE IMPROVEMENTS
ITEM DESCRIPTION I UNIT PRICE I t1Ultia—M IuNrrl AMOUNT
SIGNING AND STRIPING
1 ISigniN,Stri ' &Ma p 0 0
SIGNING E STRIPING SUB-TOTAL. 0
LANDSCAPING
1 Candace E I ' $ o SF O
2 Street Trees S 01 EA 1 o
LANDSCAPING SUB-TOTAL 0
MISCELLANEOUS
1 Tree Profedjon F S 1,000.00 1 LS 1000
2 Erosion Control Mmaures $ 5,000.00 1 LS 5opp
MISCELLANEOUS SUB-TOTAL 6080
TOTAL SURFACE IMPROVEMENTS $ 52 050.00
TOTAL S 135 210.00
15%Contingency E 20.281.
SUBTOTAL 5 155,441.50
5%Field Engineering 7,774.58)
TOTAL f 163 266.08
ml1tA4.NOTES
1. This Opinion of PmbMW Carobuttion Cost Eslimers Is based upon e¢plana prepared
W INS office for the Trays 2555 Invswr ems dated May 2e,2004,
2. AN mals aro based Won tuners pias essues ars Wee,itai for idedal.
3. This esllmMa hen beer prepared M a pada se se Ine openan W the probep4 tyytnclon map
-nb-JPslW for INS prow,KC Deepl Group,Int,makes m v -tv.either eVrsssed or mO d
the"ft edtW hosts Wil no"vary Morn Oe amwMs indii:atsd and assumes m lability for such
4. This-'*-Me does rel-lode:
e.On arca eusdnv Dost'.
b.Oevelopmeni and municipal fest [C p
c Con.16.9 are General CoMrctm tem. �h ORQ F C S J'��ff
Prepared Bir.KC Dwilr Graff,tree.
� =��� ._. S`zG-g P40 19
t
J.Ch—.IPE. �rr�. r� y,
R"Wared Civil Engineer CW30.
3? Ew.607 EYP 6,30,`(}7 ys
LP CIV11.
�lE
OF CAO���
Tract 2585 Agreement Page 7 of 7
t
STATE OF California
COUNTY OF San Luis Obispo
On June 8, 2004 before me, S. Mitchell
(Name, Title of Officer)
personally appeared Kelly V. Gearhart
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.
WITNESS my hand and official seal. S. MITCHELL
rll[ mmission #1349441
Notary Public
California
AN LUISOBISPOCOUNTY
(Signature of Notary Public)
L%co
y Commission Expires April 1,2W6
(This area for notarial seal)
END OF DOCUMENT