HomeMy WebLinkAbout3F Performance Agreement 4-2014 ITEM NUMBER: B-1
DATE: 04/22/14
ATTACHMENT 6: Draft Performance Agreement Amendment#9
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 f ,
3.5.14 REVISED DRAFT
PERFORMANCE AGREEMENT AMENDMENT
Amendment'Nb. 1 1, x
(3F MEADOWS,aka,OAK RIDGE ESTATES),.,
This Amended Performance Agreement(Amendment)`is entered into between the City
of Atascadero, a municipal corporaiion of.the-State�of,Califomia, hereinafter known as
"the City", and Castlerock Development;a,,Califomia co -rporabon, developer of the 3F
Meadows(aka Oak Ridge Estates)Project,.hereinafter known as"the Developer". This
Amendment shall be°el(ective on the date the'-,Agre6mbnt is approved by the
Atascadero City Council("Effective
WHEREAS,on Februaryll,2003,the City,and the Developer executed a Performance
Agreement for the_project,(Exhibit'h);,and
WHEREAS, the Performance.Agreementprovided that Developer make and complete
certalWoffsite public improvements-to the intersection of Los Altos Road &Highway 41,
pursuant to Atascadero Munlcipal°Code Section 9-3.656(c)(3)(Exhibit B to Performance
Agreement,'hereinafter reierred to as-Highway 41. Public Impro4ements"),within three
(3)years frorrl the'date of issua�n ce of the first residential building permit;and
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WHEREAS,the.Developer provided financial assurance in the amount of$18,862.17 as
guarantee for completion',of the Highway 41 Public Improvements (Exhibit C to
Performance Agreement);and
WHEREAS, the City is requiring the Developer to increase the project's financial
assurance for the Highway 41 Public Improvements to include Caltrans Improvements,
as described in the attached .Caltrans Highway 41 Improvements (Exhibit "2') and
Engineer's Estimate of Probable Cost_(Exhibit'3");and
WHEREAS, the Developer desires to increase the time to make and complete all the
aforementioned Highway 41 Public Improvements to within three (3) years from the
3F Moadows PoRormanco Agtoomonl Amondmcrt—Pago I
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ITEM NUMBER: B-1
DATE: 04122/14
Effective Date of this Amendment or prior to the issuance of the building permit for the
52"d housing unit,whichever occurs first.
WHEREAS, Developer agrees to make and complete the additional Los Altos (toad
Maintenance Improvements included as Exhibit°4" within one (1) year of the Effective
Date of this Amendment subject to approval of satisfactory completion of said
Improvements by the City in writing;and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby
enter into this Amendment that will:
1. Guarantee the full and satisfactory completion of'the State Highway 41 Public
Improvements for the 3F Meadows project;by'increasing the 3F Meadows
project's improvement securities to in.dude the,Caltrans Highway 41 Public
Improvements(Exhibit "2");and; l
2. Increase the time to make and complete all the aforementioned Highway 41
Public Improvements to three (3)'\years from. the Effective Date of this
Amendment, except for the timing for,t}ie interim signage and sight distance
improvements;and
3. Provide for the full and satisfactory'completionTof Additional Los Altos Road
Maintenance Improvements(Exhibit'41)$y,the Developer.
WHEREAS,all other condiron`s•of the origlnal`Perforrna_nce Agreement approved by the
City on February 11,2003,wil'remain in effect;'and
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WHEREAS, the, mutual promises, -covenants and obligations contained in this
Amendment.are�authodzeb by ate law.and.City,subdivision.regulations.
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NOW THEREFORE IT BE,RESOCVED,the parties hereby agree as follows:
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1. All terrns;and conditions-;of the February 11,2003 Performance Agreement shall
remain full-force and effect except as expressly modified below;
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2. Caltrans Improvements to State Highway 41 shall mean the offsite public
improvements to the intersection of Highway 41 and Los Altos Road required by
Atascadero Municipal Code Section 9-3.656(c)(3) et. seq., as revised as of the
Effective Date of this amendment;
3. The Developer shall increase the 3F Meadows project's Performance and Labor
and Material financial securities (Exhibit C to the Performance Agreement) to
include the proposed Caltrans Improvements to State Highway 41 based on the
attached Engineer's Estimate of Cost (Exhibit°3").The financial security shall be
in a form, as approved in writing by the City Attorney for the City of Atascadero.
3F Maadows Porfoffnvge Agreemari Arramdmenrt—P}ago 2
ITEM NUMBER: B-1
DATE: 04/22/14
The Engineer's Estimate of Probable Cost-shall be based on Caltran's Standard
Construction Costs and shall be submitted to the City Engineer for review and
approval in writing. At such time as a Caltrans permit for the Caltrans
Improvements to State Highway 41 and Los Altos Road is ready for issuance,the
additional security will be reduced by the City upon evidence that the Developer
has provided Caltrans with financial securities that are equivalent or higher than
the City Engineer approved security amounts. All updated or new financial i
instruments shall include a 20% contingency for construction costs and a 20%
contingency for engineering surveyingladministration costs. The City shall retain
its right to require appropriate financial instruments and the dollar amounts
necessary for the construction of improvements''In-the Los Altos Road right of
way. Financial instruments for the Additional Los Altos Road Maintenance
improvements will not be required. The Applicant•will be required to obtain an
encroachment permit and provide insurance indemnifying the City and naming
the City as an additional insured according.to City policies,
4. The City agrees to increase rthe"Ame to make end-,,complete all the
aforementioned Highway 41 Public Improvements, except.the requirements for
interim signage and site distance as described'belgw, to three(3)years from the
Effective Date,of this amendinent ,or prior to_ 'the issuance of the'building permit
for the 52nd housing unit,whichever occurs'first;,_ No additional building permits
for housing units will be issued,if any of the timing.requirements are not satisfied.
5. The interim site distance and 'signage,improvements,for the Highway 41/Los
Altos intersection shall,be constructed within`six months of the effective date of
this amendrneh The City will cease issuance of building permits for housing
units after six'monthsfoffthe effective date of this amendment, if the timing
requirements of ND-11.are not satisfied, unless the City Engineer and
Community„-Development Director granVa time extension in writing. Time
i.ext4nsion requests will."nly be considered for delays that are outside of the
Developer's control:,Thesite'distance Improvements for the driveways accessing
Lotsj09-112 shall'be`constructed prior to the issuance of the building permit for
the frrsl.housing unit for any portion of Lots 109-112.
6. The Additional.Los Altos-Road Maintenance Improvements included as Exhibit
"4" shall be compfeied{by the. Developer no later than one (1),year from the
effective date ofthis=Amendment. The City will require the Developer to submit
Public Improvemeni Plans for such work, and will issue a no fee encroachment
permit, in accordance with the City's policy for voluntary landowner initiated
offsite maintenance improvements upon approval of the plans by the City
Engineer. The Applicant will be required to provide insurance indemnifying the
City and naming the.City as an additional insured according to City policies.
3F Meadows Pedonnanco Agreomen[Amondment—Page 3
ITEM NUMBER: B-1
DATE: 04122/14
In WITNESS WHEREOF Developer has hereunto set its 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: Developer:
Rachelle Rickard,City Manager Darren Shetter, President
Castlerock Development, a California
corporation
Attest:
Marcia M. Torgerson,City Clerk
Approved as to content:
David Athey, Deputy City Engineer
Approved as to content:
Brian A. Pierik, City Attorney
3F Meadow%Performance Agroemont Arwnoment-Page 4
ITEM NUMBER: B-1
DATE: 04/22/14
EXHIBIT 1
EXECUTED PERFORMANCE AGREEMENT