HomeMy WebLinkAbout2021-041655 •
2021041655
Tommy Gong
San Luis Obispo - County Clerk-Recorder
06/08/2021 04:44 PM
RECORDING REQUESTED BY AND Recorded at the request of
PUBLIC
WHEN RECORDED RETURN TO: Titles: 1 Pages: 8
Fees: $0.00
City of Arroyo Grande Total: $0.00
Arroyo Grande, CA 93420300 E. Branch Street REPINglii?t111111
Public Agency—Exempt from Recording Fee
AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE
AND THE JAMES AND KATHRYN REDMOND FAMILY TRUST
DATED AUGUST 9, 2018-REGARDING STORMWATER IMPROVEMENTS
AT 580 CASTILLO DEL MAR,ARROYO GRANDE, CA
This Agreement Regarding Stormwater Improvements ("Agreement") is made this 4th day
of March, 2021, by and between the City of Arroyo Grande, a municipal corporation (hereinafter
"City"), and James E. Redmond and Kathryn E. Edmond, Trustees of The James and Kathryn
Redmond Family Trust dated August 9, 2016 (hereinafter"Property Owner").
RECITALS
A. Property Owner owns the real property located at 580 Castillo Del Mar, Arroyo Grande,
APN 006-095-024 (the"Property"); and
B. Property Owner applied for and obtained a Conditional Certificate of Compliance for the
Property,which is recorded in the official records of San Luis Obispo County and identified
as Document Number 2001-015545 (the "Approval"), and is constructing a single family
home (the"Residence") on the Property; and
C. Pursuant to the Approval, Property Owner is required to install certain stormwater
improvements and provide associated documentation; and
D. Due to delays resulting from unexpected significant rainfall and work associated with
improvements to Castillo Del Mar, Property Owner is seeking to occupy the Residence
prior to completion of the following elements of the required stormwater and other
improvements(the "Remaining Improvements"):
a. Operations& Maintenance manual.
b. Recordation of the Operations and Maintenance documents.
c. Castillo Del Mar drainage improvements as shown on Exhibit A, attached hereto
and incorporated by reference herein, to be installed by JJ Fischer Construction
under contract with the Property Owner.
d. Bike lane striping (thermoplastic) at the intersection of Castillo Del Mar and the
Property's driveway —two (2) four inch (4") wide white stripe with bike arrow and
symbol.
e. Truncated Domes to be installed at future cross walk near the driveway.
f. Dewatering activities as outlined in the dewatering plan for the basin near the
intersection of the driveway and Castillo Del Mar— until January 2022. Prepared
by RRM and approved by the City.
g. Execution and recording of license agreement and easement for drain line in
Castillo Del Mar.
E. The estimated cost (provided by J.J Fisher) of completing the Remaining Improvements
is $9,978, as further set forth in Exhibit B, attached hereto and incorporated by reference
herein.
F. In order to obtain occupancy in advance of completion of the Remaining Improvements,
Property Owner has agreed to enter into this Agreement and provide the City with a bond
for the amount of the estimated completion cost to secure the obligations required by the
Approval, and City has agreed to accept the bond as security and issue occupancy permits
for the Residence.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the
recitals set forth above, it is mutually agreed by and between the parties as follows:
1. Recitals. The foregoing recitals are true, correct and incorporated herein.
2. Bond to secure Remaining Improvements and ongoing dewatering efforts until January
2022. Property Owner shall provide the City with a bond in the amount of $32,351 as
security for the Remaining Improvements set forth above. In the event the Remaining
Improvements are not completed by 31(0 12.022- to the satisfaction of the City, the
bond shall be forfeited and the proceeds shall be used to complete them. In the event that
occurs, Property Owner agrees to grant the City access to the Property so that the
Remaining Improvements can be completed.
3. Occupancy. Upon receipt of the bond as set forth above, and satisfaction of all other permit
and development requirements, City agrees to issue a Certificate of Occupancy for the
Residence.
4. Indemnification. Property Owner shall defend, indemnify and hold harmless the City, its
officials, officers, agents and employees from and against any and all claims, demands,
damages, costs, expenses,judgments, or liability arising out of this Agreement.
5. Binding on Successors in Interest. This Agreement shall be recorded and all provisions of
this Agreement shall run with the land and shall be binding on the parties hereto and their
heirs, assigns and successors in interest.
6. Effect of Waiver. City's waiver of the breach of any one term, covenant or provision of this
Agreement shall not be a waiver of a subsequent breach of the same term, covenant or
provision of this Agreement or of the breach of any other term, covenant or provision of
this Agreement.
7. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to
restrain a violation or an attempted violation or by suit to recover damages against any
person or persons violating or attempting to violate any term, condition, covenant or
restriction contained herein.
2
8. Governing Law. This Agreement has been executed and delivered in, and shall be
interpreted, construed and enforced pursuant to and in accordance with the laws of the
State of California.
9. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by
a court of competent jurisdiction to be, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
10.Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to
enforce any of the terms and conditions of this Agreement, be it in law or in equity, the
prevailing party shall be entitled to an award of its attorney's fees in addition to all other
costs and/or expenses of collection, suit, arbitration and/or other action taken.
11.Authority of Parties.All persons executing this Agreement on behalf of a party warrant that
they have the authority to execute this Agreement on behalf of that party.
12. Counterparts. This Agreement may be executed in one or more counterparts. Each shall
be deemed an original and all, taken together, shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written.
CITY OF ARROYO GRANDE: THE JAMES AND KATHRYN REDMOND
FAMILY TRUST DATED AUGUST 9, 2016
By: /f►f�%i�' / 4
Whitney Mc LIT;nald, Citt nager tree E. Redmond, Trustee
By:
K thryn E. Redmond, Trustee
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EXHIBIT A
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EXHIBIT B
tet=
.Y.) Fisher Cosisr E d If►Ci;inc.
_ {. r PO Bos.2219
Lie,#9,39644
Office: 005)723-5220/Fax: (805)723-522 I
PROPOSAL
Project: JIM F KATY REDMOND
Date: February 26, 2021
UNIT ITEM
NO. DESCRIPTION QTY UNIT , BID BID
#1
TiE INTO EXISTING S i Orlili DRAIN 60.0 LF $ 166.30 $ 9,978,00
INLET AND RUN 3"SDR PIPE TO
TIE-IN. LOCATION AT PROJECT.
GROUT PIPE ENDS AND BACKFILL
T ci: S 9,978.00
The total price.only includes the items as listed above. PAGE i OF 3
EXCLUSIONS&CLARIFICATIONS
1.Construction water is excluded. Construction water is to be metered and provided by others.
2. Permits fees are excluded.
3, tie-watering and/or installing stabilization measures due to.wet saturated soils are excluded,
4. Handling, removal and re-grading of soils generated by other trades are excluded.
6. Handling and removal of unforeseen underground-structures, man made cbjects, and/or utilities
are excluded.
B.Working through rock, hard ground and/or soils containing rock larger than 8"diameter is excluded.
If encountered this work will be done as extra work on a time and material basis.
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7.Handling and removal of hazardous materials and/or abatement are excluded.
8.Removal of existing trees and roots are excluded.
9.Main power to be disconnected by others
10.Storm Water Pollution Prevention Plan(s)are excluded.
11. Installation of BMPs'and/or erosion control measures are excluded.
92.Water line and sewer line pipes are to be ended and capped from the building footprint.
13.Importing and exporting surplus soils are excluded unless it is written in the above items.
14.Select material and/or non-expansive soils are excluded unless it is written in the above items.
16. Removal of existing asphalt in the street is based on 4"thick.A cost will be detemined if the
asphalt is thicker than 4".
16.Jetting,furnishing and installation of slurry cement concrete is excluded.
17. Furnishing &installation of rock and/or sand under pavers and concrete are excluded.
18.Gas line and installation of gas line piping are excluded.
19. Electrical lines and installation of electrical conduits are exlcuded.
20. Irrigation lines and installation of irrigation lines are excluded.
:1.All testing is excluded. Testing such as soils and agregate testing and/or the use of video camera
for underground utilities are specifically excluded.
22.JJ Fisher Construction Inc. is not responsible for work delays or damage caused by porperty
owners,tenants, managers,acts of nature,weather,people,vehicles,and/or animals before, during
and/or after the poject.
23.All concrete work is to be field measured at the completion of installation.
24. Survey and/or construction site surveying and staking are excluded.
25.JJ Fisher Construction Inc. is not be responsible for exactness of concrete color, color match,
texture or pattern, reactive aggregates or slab cracks.
26.Water proofing, installation of backdrains for walls, retaining walls and/or footings are excluded.
27.Construction start date will not be scheduled until)all and any necessary permits have been
obtained and a signed Contract/Proposeland attachments have been returned to our office.
28.This Proposal will be invalid and/or subject to change if it is not accepted in writing 30 days from
the proposal date.
29.Excavation, over-excavation and backfill of retaining walls and footings are excluded.
30. Re-grading, handling and removal of surplus soils generated by other trades are excluded.
JJ Fisher Constuction Inc. reserves the right to lien the above named project prior to the start
of work under the The Civil Code for the State of California under section 8000-HMI!
Fisher will exercise this right if payment is not made in full 30 days by the completion of
installation of above items.
Accepted by.:'. • r ry'c; Date: r'/'
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of California
County of San Luis Obispo Signature )
[Sea/ )
On 3( L1 ,_-QJA , 2021, before me, J, Orn cIS Notary Public, personally
appeared James E. Redmond, who 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 on behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1MTNESS my d and fficial seal.
� �hwI : Nota(yuIjfo;fla
.
rg San Luis Obispo County z n
Signature [Seal] ' r �,. Commission n 2230965
My Comm.Expires Feb 11,2022
A notary public or other office completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of California
County of San Luis Obispo )
On 3/4-1 ? -02- I , 2021, before.me, J, L I Q mct i Notary Public, personally
appeared kathryn E. Redmond,who 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 on behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. �.LLAMAS
NotaryPublic-California
dr `,..'4`0,--A,:••1::, San Luis Obispo County f.
!�• -;� •'t7s, Commission#2230965 -
Signatur I +' ea� My Comm.Expires Feb 11,2022
•
4
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of California
County of San Luis Obispo )
OnI Q,,bn , 2021, before me,c c'ss i aA Notary Public, personally
appeared Whitney McDonald, who 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 persbn(s),,or the entity on behalf of which the person(s)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. Oerti JESSICAMATSON
NotaryPublic.California 2
Z -; San Luis Obispo County >_
Signatur- • • ,+r •Lti-[Sear] Commission/i 2235281
My Comm.Expires Mar 22,2022
s
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