HomeMy WebLinkAbout2003-023 Gearhart, Kelly C(f"I CF ATASCADERO
CONTRACT#-),06�-
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: 03
NAME OF SUBDIVIDER: Kelly Gearhart
SUBDIVISION: Tract 2489
ESTIMATED TOTAL COST OF IMPROVEMENTS: $706,075.88
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 2489
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 tsen
completed or performed.
B. Subdivider desires to record Tract Map 2489 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 2489 or have
entered into a secured agreement with City to complete the improvements and land
development within a period of time specified by City.
6/10/2003 Page 1 of 7
D. In consideration of approval of Tract Map 2489 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 2489 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 2489, 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 2489 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 2489, 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 2489 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 2489 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,
6/10/2003
Page 2 of 7
NOW *ANO
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 complet(A 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 herec{ , 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
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Page 3 of 7
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 ':/ork
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.
6/10/2003 Page 4 of 7
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: ,
� n tariz signature)
G. McKinney
City Manager
Attest:
�-�-
Marcia M. Tglger-con
City Clerk „ �r
App ed as to ntent:
Steven B. Kahn, P.E.
City Engineer
Appcoved as to f rm:
R y Hanley
City Ntorney
6/10/2003 Page 5 of 7
EXHIBIT
CASIO
�ol�rao► oKi>� cc,�
Ptltjatt:TtaAfaetadero: , ,
Ina
No. Ilam D"er"on OUWA r Unlls unit Cost Nam Total Totals
_. .r .. ... ... ..�.,,.x>...:.-.r.. H. 4.. ,....;"Y•'i,M6.,. �:+.�� (. .y?.:r�G :� Iii �i ,r. �."i. •�
1J19WON912n 1 LS $5,000.00 $5,000.00
Mabxksdml TOW
55,000.00
2 ARM Char and Gruhh 1 LS $2.500.00 $2.500,00 12.500.00
3 Danid1don
asphalt a 110 LF $200 8880.00
rmPO.MY tree tandn9 400 LF $3.00 $1.200.00
DeeroNtlort ToW
' $2,080.00
4
cut 9,600 CY 82.00 $19.000-00 �
m 9000 CY $4.00 $38,400.00
ovrexCav bm and r000mpac1 subgrade 2300 CY $4.00 89,200.00
AnishWaft 1 LS 57,500.00 $7,500.00
erosion OmW 2WW SF $0.08 $2,000.00
EarNtwait Total $76,100.00
S
tralho 00n 1 LS $1,000.00 51,000.00
hondl'cM r-V 830 SF $8.00 $5,040.00
ddvesry apron 4864 SF 58.50 828,752.00
.I . D sklevveat 11220 SF $3,00 $33,660.00
axb and 46W LF $11.00 $51,480.00
aab Q* ISO LF 58.00 $1.200.00
Conaala Pavers/Fabric/Sodding 3150 SF $4.00 $12,600.00
3'Typo V°Mork padnp 4,876 SF 50.75 $3.656.25
2.5"AC 66,120 SF $0.65 $35.828.00
Class 2 appregais bele 1510 CY $47.00 STO,970.00
street Paving repair at udlity connsetions 500 SF $4.00 $2,000.00
cmwgutter and apandrei 876 SF $10.00 $8,750.00
oanc els v-mals,0~ 390 LF 520.00 $7.800.00
staneWdstnetmorerrrrrt 4 EA $400.00 $1.800.00
agr9e Road aur7 EA $175.00 $1,226.Surface Imp,Total
8
eetamraeIlm barriers and ffamainaoe 1 LS $1.000.00 $1.000.00
Clu11et 8Vucke 1 EA $3.000.00 $3.000.00
SQ Curb Viet 4 EA $2,800.00 $11.200.00
30 Pre.ast Drain InW 7 EA $2,QW.00 $14.000.00
24 4Kh HDPE Skirm Drain 415 LF $40.00 $18;800-00
184rtdt HDPE Sturm Drain 855 LF 536.00 $29.925.00
12-inch HOPE Strom Drain 60 LF $30.00 $1,500.00
Rock RW' Orainape and EC Tobi 10 CY $500.00 $5.000.00
• 582,225.00
T
Bloch PVC wow km 2040 LF $20.00 $40.800.00
504n to axMm ACP water 2 EA $600.00 $7.000.00
64nchgo*valve 7 EA $650.00 $4,560.00
Sre hydrant oaembly 4 EA 52.100.00 $8,400.00
6/10/2003 Page 6 of 7
No. ttsm Dwrloon OmIty Units Unit Cost Nam Total Totals
7 VVMI&r 5XRj;W IMUMMumints(Ggn'11l
MiOCRIS GM hydrant I EA $800.00 $800.00
air raim"Vol" I EA $900.00 $900.00
Rust a 10 EA $125.00 $1.250.00
1.54nch dorrAw0c"Moo let" 39 EA 5600.00 523.400.00
Waler Total $80.900.00
8 So~gym=IMMEMMMUM
8wich PVC MRVK we 1880 LF $2200 $40,920.00
ba4n to aws&V sewer 2 EA 51500.00 $1.000.00
sower manhole 6 EA 52,000.00 5I2,000.00
44nch mw 4ftr* 38 EA $475.00 $18.050.00
,ew"TOM $71,970.00
9 Srrr=UTILITIES
Eloctric)own tranch&aroduits 2540 LF $9.00 $22.860.00
Ph"conduit 2640 LF $&OO $7,620.00
G" 2060 LF $lLoo SI2.360.00
Cable TV conduit 2640 LF $3.00 $7,620.00
She Utow"Told
. ..................
SUWTOTAL
Landscape Basin/Park arse, 21000 SF $1.00 $21,000.00
Wrignew of Basin i Park area 21000 SF $1.00 $21,000.00
Sur,"*q I Caftt.Layout 1 LS $5,000.00 $6,000.00
Inspection I T*Mft I LS $6.000.00 $5.000.00
10%Conftency $63,279.63
Mkowler"mus Tow 573270.63
ORA
—,Pro d 13y:R Thom n Consulting.Inc.
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Russell S.Thompson.PE
ReqWwW Civil Eighmm 043,089 Eras.3-31.04 0'0* PE N0.C43069
EXP 3-31-04
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6/10/2003 Page 7 of 7
'1*111111V *01101
STATE OF California
COUNTY OF San Luis Obispo
On June 10, 2003 before me, S. Mitchell
(Name, Title of Officer)
personally appeared Kelly 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
� ) Commission #1349441
11
Notary Public
California
—G SAN LUIS OBISPO COUNTY
(Signature of Notary Public) My Commission Expires April 1,zoos
(This area for notarial seal)