HomeMy WebLinkAbout1991-042833• ,. .
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ClFf`iCUIl. FSECORDS
$AIN LUIs OBf3P0 GO.. CA
JUL 1 8 199i
FRANCIS M. COONEY
County Cierk-Recorder
TIME 8:00 AM
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RFX,'URDING R�Qik'STID BY: • � . .
City Clerk
AGREEMENT AFFECTING REAL PROPERTY
at�ID wt� R�COitDID t�AZL �ro: (Security Agreement)
City Clerk
City of Arroyo Grande
P. o. Box 550 �EREAS, Edwin Nelson as Subdivider has presented a final map of Parcel
Arroyo Gr
93421 �p �o. AG 88-087, also known as APN-007-186-050, prepazatory to the approval of the
City Council of the City of Arroyo Grande, but not all of the improvemenu required or
conditions imposed by the Arroyo Grande City Council haue been completed or performed;
and
WHEREAS, the Subdivider desires to file said pazcel map, after the same has
been approved by the City Council of the Ciry of Arroyo Grande.
NOW, THEREFORE, THIS AGREEMENT is made and entered into this
/D�'`' day of July , 1991, by and between Edwin Nelson, Subdivider, and the City
of Arroyo Grande, a municipal corporation and one of the cities of the State of California,
hereinafter referred to as Ciry;
WITNESSETH
Pursuant to the requirements established by the City Council of the City of
Arroyo Grande, and Ordinance No. 439 C.S., of the City of Arroyo Grande, and in
consideration of the approval by the Ciry Council of the City of Arroyo Grande, and the
filing of said parcel map, the Parties do hereby promise and agree one with the other as
follows:
1. Subdivider to make and complete all of the improvements for Pazcel
Map No. AG-88-087, also known as APN-007-186-OSQ to City
standazds and specifications and as required and set forth in Arroyo
Grande City Ordinance No. 439 C.S., and required by the City Council
of the City of Arroyo Grande. Those improvements shall include, but
may not be limited to the following:
a. Construct the improvements as shown on the plans entitled as,
"Grading Plan, AG-88-087" and "Public Improvement Plans for
West Branch Street, Sta. 66+34 - Sta. 66+17".
b. Construct a new standazd garage on parcel 1, or remove
e�sting dwelling unit on parcel 1.
c. Remove the existing garage located on pazcel2. y0L 3��5PAGE�55
2. Subdivider promises and agrees to complete all improvement work
hereinabove referred to the satisfaction of the CiTy of Arroyo Grande
on or before the lOth day of March. 1992.
3. Subdivider shall, contemporaneously with the approval and filing of
said parcel map, file with the City Council of the City of Arroyo
Grande, an irrevocable letter of credit in the amount of $67.500.00 to
insure the faithful performance of this agreement, and to secure
payment to the Contractor, his subcontractors and to any persons
renting equipment or furnishing labor or materials to them for the
improvements, which sum being deemed sufficient by the Director of
Public Works, and which irrevocable letter of credit aforesaid shall
guazantee payment to the said City of Arroyo Grande for all costs of
work or improvements, engineering, inspecdons andselated incidental
expenses done or incurred by the City of Arroyo Grande is provided
for herein.
4. Completion of the work sha11 be deemed to have occurred on the dates
as of which the City Council shall, by minute motion, duly passed
accepting said improvements according to City standards and
specifications, and any approved modifications thereto. Neither
periodic or progress inspections or approvals shall bind the City to
accept said improvements or waive any defects in the same or any
breach of this agreement.
�o� 3725
" ..:
5. If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that the City may,
at its option, declared the irrevocable letter of credit which has been
posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to enter upon the property and complete said
improvements, or City may complete said improvements and recover
full cost and eupense thereof from the Subdivider or his surety.
6. It is understood and agreed between the Parties hereto that the
Director of Public Works of the City of Arroyo Grande or his
representative shall inspect and pass upon all work of improvements,
and the Subdivider promises and agrees to reimburse the City of
Arroyo Grande for all its necessary expense for making such
inspections, as required by the Development Code.
7. Upon completion of the work, the Subdivider shall provide a
warrantee against defects in workmanship and materials for a period
of one year. This warrantee shall be guaranteed by a security posted
with the City in the amount of 10% of the amount determined by
the Public Works Department to be suitable to guazantee the faithful
performance of the original work. This agreement shall remain in
full force and bind the Subdivider throughout the warrantee period.
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 of this Agreement.
IN WTTNESS THEREOF, the Subdivider has unto set his hand and the
City has caused these present to be signed and its corporate seal hereto affixed by its
duly authorized officers the day and year first hereinabove written.
City of Arroyo Grande
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Mayor proi <,2'�iw�,Citp .�€ Arroyo Grande
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�1, ' �. 4 , l 0. . ' `� ty Clerk
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� AS TO F�RM:
City A orney
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO)
bdivider
. ,�x/
Edwin Nelson
On this 3rd day of July, in the year, 1991, before me,
the undersigned, a Notary Public in and for said State, personally
appeared Edwiri filelson, personally known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me
that he executed it.
WITNESS my hand and official seal.
OFFICIAL SEAL � T'.
„� JUDITH A. DYER
�_ NOTARV PUBI.�C—CALIFORNIA
NOTARV BOND FILED IN
SAN LUIS OBiSPO COUNTY
_- My Cqmmjssion Expires August 6, 1993
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No Public in an for said State
0 3725 757
• 162859-WRB
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FXHIE31 i "/1"
A DIVISION OF PORTION OF LOT 30 OF STEELE'S RESUB. OF RNJa-Ip CORfUll.. DE PIEDf2A, DESCRIBIFD AS:
A PI�RCEL OF LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OI' CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF THE PISMO AND ARROYO GRANDE
PUBLIC ROAD, DISTANT SOUTH 81 1/4° WEST, 451 FEET FROM TfiE SOUTHWEST
CORNER OF THE CATHOLIC CHURCH LOT, AND RUNNING
THENCE NORTH 8 3/4° WEST ALONG THE WESTERLY LINE OF THE CRAWFORD LOT,
250 FEET;
THENCE SOUTH 81 1/4° WEST, 50 FEET;
THENCE SOUTH 8 3/4° EAST, 250 FEET TO THE NORTH LINE Or SAID ROAD;
THENCE NORTH 81 1/4° EAST, 50 FEET TO THE POINT OF BEGINNING.
(END OF DESCRIPTION)
END OF DOCUMENT py �`,37`�5PACE�58