HomeMy WebLinkAbout2000-028024y
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Recording requested by: �
City of Arroyo Grande
And when recorded, return to:
City Clerk
City of Arroyo Grande
P.O. Box 550, 214 East Branch St.
Arroyo Grande, CA 93421
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U�� N0. ZVU� Rpt No: 0003746b
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
May 22, 2000
Time: 08:00
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RF -1 19.00
TOTAL 19.00
AGREEMENT AFFECTING REAL PROPERTY
APN: 006-541-027
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THIS AGREEMENT, entered into � 1� d , 2000, by and between
ROBERT OLDMEYER (Owner) and the ITY OF ARROYO GRANDE, a Municipal
Corporation (°City°):
RECITALS
A. Ov►mer is the fee owner of that certain real property (the "Property") generally
described as 198 South Alpine Street, Arroyo Grande, California, as more specii�ically
described as Exhibit "A," attached hereto and incorporated herein by this reference.
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B. On August 26, 1996, Owner applied for a parcel map to subdivide the
Property into two lots (the "Project").
D. On April 1, 1997, City's Planning Commission approved the Project by the
adoption of Resolution No. 97-1610, a Resolution of the Planning Commission of the City
of Arroyo Grande adopting a Negative Declaration with Mitigation Measures, instructing
the Secretary to file a Notice of Determination and Approving Tentative Parcel Map Case
No. 97-535, Located at 198 South Alpine Street, applied for by Robert Oldemeyer.
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E. Condition No. 10a listed in Resolution No. 97-1610, Exhibit "A", Conditions
of Approval, requires Owner to record a deed restriction agreeing to limit the height of
structures on the Property to 18 feet or one story unless a Viewshed Review Permit is
approved.
NOW, THEREFORE, the parties agree that the Property shall be held, conveyed,
used, occupied, sold, and improved subject to the following conditions and restrictions for
the benefit and protection of the parties to this Agreement, the same to run with the land
and to be binding upon all parties having or acquiring any right, title, or interest in the
Property, to insure to the benefit of and be binding upon each successor and assignee in
interest of the parties. Any conveyance, transfer, sale, or assignment made by either party
of any portion of the Property shall be deemed to incorporate by reference and be subject
to the provisions of this Agreement.
1. Heiqht Restriction: Owner and his successors in interest shall, at their sole
cost and expense, design, construct and/or maintain any structure or structures on
Property to assure that said structure's height does not exceed eighteen (18) feet, unless
a Viewshed Review Permit is approved by the City.
2. Indemnitv. Owner shall indemnify, defend, and hold harmless City and its
officers, officials, employees, and agents from and against any and all liability, loss,
damage, expense, costs (including without limitation costs and fees of litigation) of every
nature arising out of or in connection with Owner's performance of work hereunder or its
failure to comply with any of its obligations contained in the Agreement, except such loss
or damage which was caused by the proven sole negligence or willful misconduct of City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
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Services/Deputy City Clerk
APPROVED AS TO FORM:
T OTH J. AR EL, CITY A ORNEY
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As holder(s) of a record interest in the
Property, we consent to the terms and
conditions of the Agreement and its
recordation
LIENHOLDER(S): O � �
(Signature m�rs�e notarized
(Signature must be
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STATE OF CALIFOItNIA
COUNTY OF SAN LUIS OBISPO
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On � 2000, before me, �,�,(/�'j /� d�/F� , a Notary Public,
personally ap eared r L E/nE � proved
to me on the basis of satisfactory evidence) to the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
- SANDI L PIF�
Commtssion # 1187399
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San Luis Obispo County
AM Camm. F�ires Jun 16,2002
STATE OF CALIFOIZNIA
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COUNTY OF SAN LUIS OBISPO )
WI SS my hand and official seal.
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On �,v ,� 2000, before me, �2ti �,� I�ETmt�RE , a Notary Public,
personally appeare im 1��-I-A-CL w1.1.A-D � , personally known to me (o�-�eved
te-�� �ie-basisof-sa�isfactory��evidence) to e the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
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��� �� , s� WITNE my hand and official seal.
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� Order No. 116148 - A
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EXHIBIT "ONE"
That portion of Lot 107 of the Rancho Corral de Piedra, Pismo and
Bolsa de Chemisal, subdivided by James A. Stratton September, 1873,
� in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map filed for record in the office of the
County recorder of said county, described as follows:
Beginning at a point on the North line of said l.ot 107 which is
315.7� feet East from a 2 inch iron stake with a brass cap set on
East line of Cienaga Road, said point being Northeast corner of
property conveyed to S.G. Kerr by Deed dated July 21, 1936 and
recorded in Book 197, Page 388 of Official Records of said county;
Thence South 0° 06' West along East line of property so conveyed to
Warren F. Davis, et ux., by Deed dated January 22, 1936 and recorded
in Book 197, Page 388 of Official Records, 98 feet to ti�e true point
of beginning;
Thence continuing along said line 98 feet;
Thence Easterly and parallel with the North line of said Lot 107,
400.95 feet more or less to the Easterly line of property conveyed
to Homer T. Vorhees by Deed dated October 2, 1946 and recorded
October 15, 1946 in Book 421, Page 402 of Official .Records;
Thence North 1° 09' West along Easterly line of property so
conveyed, 98 feet;
Thence Westerly and parallel to North line of Lot 107, 400.95 feet
to the true point of beginning.
Excepting therefrom that portion conveyed to the City of Arroyo
Grande in Deed recorded August 10, 1961 in Book 1 138, Page 226 of
Official Records.
Also excepting therefrom that portion conveyed to Fred J. Campbell
and Ruth S. Campbell, husband and wife as joint tenants in Deed
recorded May 10, 1962 in Book 1182, Page 436 of Official Records.
Also excepting therefrom that portion conveyed to Fred J. Campbell
and Ruth S. Campbell, husband and wife as joint tenants in Deed
recorded February 24, 1965 in Book 1338, Page 710 of Official
Records.
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Assessor's Parcel No: 006-541-027
END OF DOCUMENT
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SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: May 9. 2000
NAME OF SUBDIVIDER: Robert Oldemever
� (referred to as "SUBDIVIDER")
SUBDIVISION PARCEL MAP NO.: PM 96-101
(referred to as "Subdivision")
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 97-1610
(referred to as "Resolution of Approval")
ESTIMATED TOTAL COST OF IMPROVEMENTS: $5,000.00
ESTIMATED TOTAL COST OF MONUMENTATION: N/A
SURETY: Coast National Bank
BOND NOS.: CERTIFICATE OF DEPOSIT Acct. No. 2001063 for $2,500
CERTIFICATE OF DEPOSIT Acct. No. 2001055 for $5,000
This Agreement is made and entered into by and befinreen the CITY OF ARROYO
GRANDE, a municipal corporation of the State of California (hereinafter referred to as
"CITY") and "SUBDIVIDER."
RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final
subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map
Act of the State of California and CITY's ordinances and regulations relating to the filing,
approval and recordation of subdivision maps. The Subdivision Map Act and CITY's
ordinances and regulations relating to the filing, approval and recordation of subdivision
maps are collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative' map of the Subdivision has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the Director of
Administrative Services and is incorporated into this Agreement by reference.
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a. Comply with all the requirements of the Resolution of Approval, and
SUBDIVIDER recognizes that by approval of the final map for Subdivision,
CITY has cor�ferred substantial rights upon SUBDIVIDER, including the right to sell, lease,
or finance lots within the Subdivision, and has taken the final act necessary to subdivide
the property within the Subdivision. As a result, CITY will be damaged to the extent of the
cost of installation of the improvements by SUBDMDER's failure to perform its obligations
under this Agreement, including, but not limited to, SUBDNIDER'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 the event
of a default by SUBDMDER. It is specifically recognized that the determination of whether
a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy
for default by the SUBDIVIDER shall be within the sole discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City
Council of the final map of the Subdivision, SUBDIVIDER and CITY agree as follows:
SUBDIVIDER's Oblipations to Construct Improvements. SUBDIVIDER
shall:
any amendments thereto, and with the provisions of the Subdivision Laws.
b. Complete, at SUBDMDER's own.expense, all the public improvement
work required on the Tentative Map and Resolution of Approval in cor�formance with
approved Improvement Plans and the CITY standards as follows:
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IMPROVEMENT
DEADLINE DATE
Underground utilities from pole to existing house May 9, 2001
[NOTE: All improvements must be completed within one year from the date of
this Agreement.]
SUBDIVIDER agrees that CITY may impose necessary changes to the scope
of the improvement work if CITY determines that such changes are neces�ary and
incidental to the successful completion and function of the improvements or
required to meet CITY's standards.
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c. Furnish the necessary materiais for compietion of the public
improvements in conformity with the Improvement Plans and CITY standards.
d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all
rights-of-way, easements and other interests in real property for construction or
installation of the public improvements, free and clear of all liens and encum-
brances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-
site rights-of-way, easements and other interests in real property shall be subject
to a separate agreement between SUBDNIDER and CITY. SUBDIVIDER shall also
be responsible for obtaining any public or private drainage easements or authoriza-
tion to accommodate the Subdivision.
e. Commence construction of the improvements by the time established
in Section 21 of this Agreement and complete the improvements by the deadline
stated in Paragraph 1(b) above, unless a time extension is granted by the CITY as
authorized in Section 21.
f. Install all Subdivision monuments required by law prior to the
completion and acceptance of the public improvements by CITY.
2. Acquisition and Dedication of Easements or Ricthts-of-Wav. If any of the
public improvement and land development work contemplated by this Agreement is to be
constructed or installed on land not owned by SUBDMDER, no construction or installation
shall be commenced before:
a. The offer of dedication to CITY of appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from the
property owner to allow construction or installation of the improvements or work, or
b. The dedication to, and acceptance by, the CITY of appropriate rights-
of-way, easements or other interests in real property, as determined by the City
Engineer, or
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply
in all respects with the order of possession.
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3. Securi . SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient
security as required by the Subdivision Laws on forms approved by CITY for the purposes
and in the amounts as follows:
a. To assure faithful performance of this Agreement in regard to said
improvements in an amount of 100% of the estimated cost of the improvements; and
b. To secure payment to any contractor, subcontractor, persons renting
equipment, or furnishing labor, materials for the improvements required to be
constructed or installed pursuant to this Agreement in the additional amount of 50%
of the estimated cost of the improvements; and
c. To guarantee or warranty the work done pursuant to this Agreement
for a period of one year following acceptance thereof by CITY against any defective
work or labor done or defective materials fumished in the additional amount of 10%
of the estimated cost of the improvements; and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security
in the amount of 100% of the estimated cost of setting Subdivision monuments as
stated previously in this Agreement.
The securities required by this Agreement shall be kept on file with the Director of
Administrative Services. The terms of the security documents referenced on Page 1 of this
Agreement are incorporated into this Agreement by this reference. If any security is
replaced by another approved security, the replacement shall be filed with the Director of
Administrative Services and, upon filing, shall be deemed to have been made a part of and
incorporated into this Agreement. Upon filing of a replacement security with the Director
of Administrative Services, the former security may be released.
4. Alterations to Imarovements Plans.
a. Any changes, alterations or additions to the improvement plans and
specifications or to the improvements, not exceeding 5% of the original estimated
cost of the improvement, which are determined by CITY to be necessary and
incidental to the successful completion and function of the improvements or
required to meet CITY standards, shall not relieve the improvement security given
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for faithfui performance of this Agreement. In the event such changes, alterations,
or additions exceed 5% of the original estimated cost of the improvement,
SUBDIVIDER shall provide improvement security for faithful performance as
required by Paragraph 3 of this Agreement for 100% of the total estimated cost of
the improvement as changed, altered, or amended, minus any completed partial
releases allowed by Paragraph 6 of this Agreement.
b. SUBDIVIDER shall construct the improvements in accordance with CITY
standards in effect at the time of adoption of the Resolution of Approval. CITY
reserves the right to modify the standards applicable to the Subdivision and this
Agreement, when necessary to protect the public safety or welfare or comply with
applicable State or Federal law or CITY zoning ordinances. If SUBDIVIDER
requests and is granted an extension of time for completion of the improvements,
CITY may apply the standards in effect at the time of the extension.
5. Insaection. SUBDIVIDER shall at all times maintain proper facilities and
safe access for inspection of the public improvements by CITY inspectors and to the shops
wherein any v�ork is in preparation. Upon completion of the work, SUBDIVIDER may
request a final inspection by the City Engineer, or the City Engineer's authorized
representative. If the City Engineer, or the designated representative, determine that the
work has been completed in accordance with this Agreement, then the City Engineer shall
certify the completion of the public improvements to the City Council. No improvements
shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and CITY
standards. SUBDIVIDER shall bear all costs of inspection and certification.
6. Release of Securities. The securities required by this Agreement shall be
released as follows:
a. Security given for faithful performance of any act, obligation, work or
agreement shall be released upon the final completion �and acceptance of the a�t
or work, subject to the provisions of subsection (b) hereof.
b. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
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months after the completion and acceptance of the work, be reduced to an amount
equal to the total claimed by all ciaimants for whom lier� have been filed and of
which notice has been given to the legislative body, plus an amount reasonably
determined by the City Engineer to be required to assure the performance of any
other obligations secured by the security. The balance of the security shall be
released upon the settlement of all claims and obligations for which the security was
given.
c. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed during
the warranty period have been settled. As provided in Paragraph 11, the warranty
period shall not commence until final acceptance of all the work and improvements
by the City CounciL
d. CITY may retain from any security released an amount sufficient to
cover costs and reasonable expenses and fees, including reasonable attorneys'
fees.
7. Iniurv to Public Improvements, Public Propertv or Public Utilities
Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the
case may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged as a result of any work under this Agreement.
SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or
private utility property damaged or destroyed by reason of any work done under this
Agreement, whether such property is owned by the United States or any agency thereof,
or the State of California, or any agency or political subdivision thereof, or by CITY or any
public or private utility corporation or by any combination of such owners. Any repair or
replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction and installation of the improvements,
give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
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a. Default of SUBDIVIDER shall inciude, but not be limited to, SUBDI-
VIDER's failure to timely commence construction of this Agreement; SUBDMDER's
failure to timely cure any defect in the improvements; SUBDIVIDER's failure to
perForm substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER's insolvency, appointment of a receiver,
or the filing of any petition in bankruptcy either voluntary or involuntary which
SUBDMDER fails to discharge within 30 days; the commencement of a foreclosure
action against the Subdivision or a portion thereof, or any conveyance in lieu or in
avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation
under this Agreement.
b. CITY reserves to itself all remedies available to it at law or in equity
for breach of SUBDMDER's obligations under this Agreement. CITY shall have the
right, subject to this section, to draw upon or utilize the appropriate security to
mitigate CITY's damages in event of default by SUBDNIDER. The right of CITY to
draw upon or utilize the security is additional to and not in lieu of any other remedy
available to CITY. It is specifically recognized that the es#imated costs and security
amounts may not reflect the actual cost of construction or installation of the
improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be
measured by the cost of completing the required improvements. The sums provided
by the improvement security may be used by CITY for the completion of the public
improvements in accordance with the improvement plans and specifications
contained herein. .
In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER
authorizes CITY to perform such obligation 20 days after mailing written notice of
default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire
cost of such pertormance by CITY.
CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at
the expense of SUBDIVIDER, and SUBDNIDER's surety shall be liable to CITY for
any excess cost or damages occasioned CITY thereby; and, in such event, CITY,
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without liability for so doing, may take possession of, and utilize in completing the
work, such materials, appliances, plant and other property belonging to
SUBDIVIDER as may be on the site of the work and necessary for the perFormance
of the work.
c. Failure of SUBDIVIDER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of a notice of violation against all the
lots in the Subdivision, or to rescind the approval or otherwise revert the
Subdivision to acreage. The remedy provided by this subsection c. is in addition
. to and not in lieu of other remedies available to CITY. SUBDMDER agrees that the
choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion
of CITY.
d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing perforrrance of such obligations, including costs of suit and reasonable
attorneys' fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default or
breach or any subsequent default or breach of SUBDIVIDER.
10. Warran . SUBDIVIDER shall guarantee or warranty the work done
pursuant to this Agreement for a period of one year after �nal acceptance by the City
Council of the work and improvements against any defective work or labor done or
defective materials furnished. If within the warranty period any work or improvement or
part of any work or improvement done, furnished, installed, constructed or caused to be
done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the
requirements of this Agreement or the improvement plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDMDER fail to act promptly or in accordance with this replacement,
SUBDNIDER hereby authorizes CITY, at CITY's option, to perform the work 20 days after
mailing written notice of default to SUBDNIDER and to SUBDNIDER's surety, and agrees
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to pay the cost of such work by CITY. Should CITY determine that an urgency requires
repairs or replacements to be made before SUBDNIDER can be notified, CITY may, in its
sole discretion, make the necessary repairs or replacement or perform the necessary work
and SUBDIVIDER shall pay to CITY the cost of such repairs.
11. SUBDIVIDER Not AQent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER's obligations under this Agreement.
12. Iniurv to Work. Until such time as the improvements are accepted by CITY,
SUBDNIDER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement
are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any
officer or employee thereof, be liable or responsible for any accident, loss or damage,
regardless of the cause, happening or occurring to the work or improvements specified in
this Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aqreements. Nothing contained in this Agreernent shall preclude
CITY from expending monies pursuant to agreements concurrently or previously executed
between the parties, or from entering into agreements with other subdividers for the
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
provisions of CITY ordinances providing therefor, nor shall anything in this Agreement
commit CITY to any such apportionment.
14. SUBDMDER's Obliqation to Wam Public Durinq Construction. Until final
acceptance of the improvements, SUBDIVIDER shall give good and adequate waming to
the public of each and every dangerous condition existent in said improvements, and will
take all reasonable actions to protect the public from such dangerous condition.
15. Vestinq of Ownership. 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 shall vest in CITY.
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16. Finai Acceatance of Work. Acceptance of the work on behalf of CITY shall
be made by the City Council upon recommendation of the City Engineer after final
completion and inspection of all improvements. The City eouncil shall act upon the
Engineer's recommendation within 30 days from the date the City Engineer certifies that
the work has been �nally completed, as provided in Paragraph 5. Such acceptance shall
not constitute a waiver of defects by CITY.
17. Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall not
be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement.
SUBDIVIDER further agrees to protect, indemnify, and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of any
sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the improvements. This indemnification and agreement to hold harmless
shall extend to injuries to persons and damages or taking of property resulting from the
design or construction of said Subdivision, and the public improvements as provided
herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements. Acceptance by CITY of the improvements shall not constitute an assump-
tion by the CITY of any responsibility for any damage or taking covered by this paragraph.
CITY shall not be responsible for the design or construction of the Subdivision or the
improvements pursuant to the approved irnprovement plans or map, regardless of any
negligent action or inaction taken by CITY in approving the plans or map, unless the
particular improvement desig� was spec�cally required by CITY over written objection by
SUBDIVIDER submitted to the City Engineer before approval of the particular improvement
design, which objection indicated that the particutar improvement design was dangerous
or defective and suggested an alternative safe and feasible design. After acceptance of
the improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design
or dangerous condition caused by the design or construction defect; however,
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SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this
paragraph shall remain in full force and effect for 10 years following the acceptance by
CITY of improvements. It is the intent of this section that SUBDIVIDER shall be
responsible for all liability for design and construction of the improvements installed or
work done pursuant to this Agreement and that CITY shall not be liable for any negligence,
norifeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting
any plans or specifications or in approving, reviewing or inspecting any work or
construction. The improvement security shall not be required to cover the provisions of
this paragraph.
18. Sale or Disuosition of Subdivision. Sale or other disposition of this
property will not relieve SUBDNIDER from the obligations set forth herein. SUBDNIDER
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 SUBDIVIDER
of the obligations under Paragraph 17 for the work or improvement done by SUBDNiDER.
19. Time of the Essence. Time is of the essence of this Agreement.
20. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall
commence substantial construction of the improvements required by this Agreement not
later than nine (9) months prior to the time for completion. In the event good cause exists
as determined by the City N�anager, the time for commencement of construction or
completion of the improvements hereunder may be extended. The extension shall be
made in writing executed by the City Manager. Any such extension may be granted without
notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or
release the surety or sureties on any security given for this Agreement. The City Manager
shall be the sole and final judge as to whether or not good cause has been shown to entitle
SUBDIVIDER to an extension. Delay, other than delay in the commencement of work,
resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have
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reasonabiy foreseen, or by storm or inclement weather whieh permits the conducting of
work, or by strikes, boycotts, similar actions by employees or labor organizations, which
prevent the conducting of work, and which were not caused by or contributed to by
SUBDNIDER, shall constitute good cause for an extension of the time for completion. As
a condition of such extension, the City Manager may require SUBDIVIDER to fumish new
security guaranteeing performance of this Agreement as extended in an increased amount
as necessary to compensate for any increase in construction costs as determined by the
City Engineer.
21. No Vestinq of Riahts. PerFormance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER's rights with respect to any change in any
zoning or building law or ordinance.
22. Notices. 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 Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421-0550
SUBDIVIDER: Richard DeBlauw Construction Company
411 E. EI Camino Real
Arroyo Grande, CA 93420
SURETY: Mid-State Bank
1026 Grand Avenue
P.O. Box 580
Arroyo Grande, CA 93421
23. Severabilitv. 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
13
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�
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Agreement shall remain in fuli force and effect unless amended or modified by the
mutual consent of the parties.
24. Cap_ tions. The captions of this Agreement are �for convenience and
reference only and shaii not de�ne, expiain,� modify, limit, exempiify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Liti4ation or Arbitration. In the event that suit or arbitration is brought to
er�force the terms of this Agreement, the prevailing party shall be entitled to litigation costs
and reasonable attorneys' fees.
26. Incorr�oration of Recitals. The Recitals to this Agreement are hereby
incorporated into the terms of this Agreement.
27. Entire AQreement. This Agreement constitutes the entire Agreement of the
parties with respect to the subject matter. All modi�cations, 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.
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
City Manager.
CITY:
CITY OF ARROYO GRANDE
�
By:
ATTEST.
� �_
APPR V AS TO FORM:
i
i�.
� � �
• . -
SUBDIVIDER:
,:>
�
By: ,
#tobert Oldemeyer
14
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�� { X x, r , � � � : �� : ��aa�t��n� �re� �a� ���ios�r�s - � � �
�'tus �foccri; con � � .. . ._ . .K , _ 3 ; , � `' , : ;
taias the.�iersrs fo� yourLttune tfepotit, It� u al,so:�the;'1�iumStm,BalanceRequIremeaf. tpcist make�a muiuputn deposit to�:
Truth in�avmgs �disclosqre for �ho§e tlepositoEs�, enhtled: to oae There � ,��� , f. �. ;•
ac+e addihonal terms and .disclosure's on page fa+o aif thu form, so�ie o�' �' � '�� _
which explain oc expand `od those below. You should keep: one copy o� °�n th� account of � 2 000 b0 ;:• ; `•
t h i s form �: -" :: :- .,. :,-- � You muscTnainta�cA th�s`mtnunum 6alance on a da�1y basu to eam the
Matur�Ey,Date This account maiur±es b5/03/2001. � `�' ar►�►ua1 peccentage"yield d�sclosed
� ' : ' • : ' (See,below for�rene�val informa'tion� Withdrawals Qf�Interest:�Interest'= ❑ accrued `:� credited during a
Rate Infor�ahon:.The interest rate. for.t�is account u � 5.8500�. '. % term can.be withdrawn: MONTHLY - -
-�vith'an�ann'ual percentage of 6.b1 %. This •rate �wilt be -
I pai8'un�il`.the criaturity date specified above. Interest begins to'accrue on Early Withdrawal Penal If we.consent to a re uest for'a wi
� • • h' q , thdrawa(
the business day you deposit any:noncash item (for,example, a check). �that is othernise not permitted you may have to pay a penalty. The
Interest .will be compounded DAILY • , penalty will be an�amount equal to:30 DAY LOSS OF INTEREST
Interest will be credited ' �MONTHLY - . '.
: .. : ' • interest on the amount withdrawn..
�, �'tFe a�nual percentage:yie[d assaunes that mterest remauis on depQSU Re�ew&1 PoLcy :� � �
�• unW matuntyt� wtthdrawa� bf ulterest'vvili ceduce e�mings , . .� ', •
; ' , -:;,, , - .. , -.- . -. •.. �� Q Single Maturity If. checked;: th�s: account w�ll not �automaGcally..-
I$1 .� you �rosa yo� �o�c �ro� �c��e � ,credited,� you wal •not � � �+enew: Inte�es� ❑ will ❑ will not acctue atter iriatunty . V . ;°
,, �t+ecerve`fihe accrued mterest ,:`. '� :- " •`� Automahc. Renewal If checked,' this. account wnll'::automatically
The; NUMBER OF'END"ORSEMEIVTS nee�ed for w�thdrawal or-�any' : renevti+_ on'the mahirity �dat� '(see page.two for teems) ; .
othec� �urpose �s • •� 1 _ - . : Interest � wnll . � arill nof _ ' acccue after fmal madinry. � ' .
ACCOUN'I' UWNERSFiIP:.:You trave��requested
.and intend Y1►e: fype of accoant marked belbw. .:'
Q -Tndividual � Joint.Account ' ,
� Joint - Hasband and Wife c.un ��,,,�,•,w„n;a �
❑ Community Property - Husband and Wife .
❑ Tenancy,in Common �
0 Trust: Separate Agreement Dated "' .
�.TCD BOND PARCEL MAP 96-1 Q1 '
❑ Totten Trust or ❑ Pay on Death
Designation • as defined in this agreement
(Beneficiaries' names and addresses)
BAOKUP �WITHHOLDING': . I❑ Ezemp�: Recipients ' I� am an • exempt
� �ERTIFICAT'IONS` ��pient `under the. intemal Revende -Service
TIN: �551-941468 , . ' . ' Regulations.- • , .
� Taxpayer I D: Number :- The Tazpayer . � Noncesident A4ens I�am not a� �United I
Iden6ficaqon Numbe�.'showri�'above•(TII� is_,States.petson, or if:I:am an�individual, I.am
my correct taxpayer identi�ication �number. �. .;. neither a�citizep, nor a. resident of thb United
. : . • . . • .. States. , " : . -. ' `, '. :' .
-� Backup Wjthholding - I am not �subject A vision :. for. my, signature� 'certifying
W bacliup. witiiholding .e�ther �because I have �o�° �nalty of • perjury the •statements
not been nodfied that I am� subject to hackup . checkcd in' this section. !S contained on the
withholding as a resalt_of, a failure to r�eport . f� �py of thLs certificate.
all interest or �, dividends, �or .. tlie Intemal .
Revenue Service has nodfied me. that I am no . -
longer subject to backup withholding. ,
ENDORSEI�NTS_= SIGN ONLY WHEN YOU REQUEST WITHDRpVy,�I,
, X
X
X
O 1993 Bsnkers Systems, Inc., St. Cbud, MN (1-800-397-2341) Fam CD-AA-CA (1) a/l t�96 P.EAD PAGE TWO FOR ADDITIONAL TERMS
. _ ... . _ . Tt__ _.,_.... _. - . . . .. ..... . . . .
aeoe 1 0 21
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CA 93420 '_
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TY 4� ` r ,• .1:19� �G�D;: AV,E:
�R�J�IDE' ; ... - -
' A(�EiOY� (3RAND�: .
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� • ARQC)lf u unrai+IDE � : � , i � .
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:' Not�tegutisble� Not Transferabk �d . i�tonsl terms F ,- -
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Add�tioxial T�rms.�nd:�� ,� ? . � ' �
' - s, : , . . • ° ° " ` ` on� You must make a minimdm it W .
i�� It �s also the NGnim�$�� �� -
:Ttu� #orri� containd thhe tec�s `�for youY� a � ��� to one'�'fher� '. , • -
Tr�th m-�av�ngs;�d�sclosiic�e tor th� d� �. of th� #ornti, �o�e ot 9p� this accoimt of S: 2 000 00. .,
-' are; addi6onal ye!ms 'a�l �,�c�� below ou should kee on� co of . .
-wtiich.explam.o? expaii . Y P PY ,[] YQu:muscmainta�n,thu minimum balance on a datly bas�s w earn the
��tlus form: . �- � � ;� ,�n�ual g�ntage Yiel� disclosed: " � �
� Maturity I?ate ,Th�s account matures 05/0372001 ` . ' . '
(See below for, rene�iial mformat�on.) .Withatawals df Interest .❑ accrued .�.'credited .' during a
�Rate Informahon The intecest-rate for thu account is� .5.8500 . l b tercn can be withdrawn::MONTHLY .."
v�nth an annual percentage. yield of . 6.01' %. _This rate wil _ : ' , .' . . . .
date s ified above: Interest tiegins to �acccue_on Eariy.Withdrawal Penalty: If we consent to a request for,-a withdrawal
paid -until the. mariui,ty P� . .
� the business. day.you deposit any noncash item (for example, a cheCk). � n ° 1� n amoune equal�to 30 DAY LOSS OF INTERE T The
Interest will be�compounded DAILY • p ty .
Ic►terest will be`credited. ` MONTHIY - ,. _ ���t on the amount withdrawn.
;($� The`annuaI percentage yield assuines ihat u►temst re on � Repe�val PoLcy: - ', -
, arithdrawal of inierest.vvill ieduce earnings. ° t] Sipgle �4;aturify: If_check.ed; ihis aceount �vill not sutomatically
� If : you close yQUr account before interest is credited� you w�ll . not ren�W Interest� O will ❑ will not : accrue after (nawrity=
� '• t+ece�ve the accrued intere'st: _ �� AuWmstia Rede�val: .If : ch�cked. thu account will automahcally .
- ER :�OF ENDORSEMEIVTS needed for withdrawal� or ,any ,�renew on. the maturity date, 4sbe page two for ternis) �:
• Th¢ I!IL. TMB , Interest ;� will '. � will not �� accrue after final matunty. �
other purp�s� isc � 1 � - . .. '
. - � ��' . ,
. " � . � . � , BACKLJP WITI-QiOLDIN� ❑ Exempt - Reciptents' _ I , am an exempt
ACCOUNT . OWNERSHIP: You have requested ONS � • d the Internat Revenue Service
and intend die type. of account marked below. :
❑ �idividual � - ❑ Joint Account .. ' �
� Joint - Husbantl si►d Wife t•��+�eK���tid .
'Q. Community Propecey - Husband and Wife :
❑ Tenancy in Common � ' '
❑ Trust Separate'Agreement Dated
I� TCD BOND PARGEL�MAP 96-1�01
❑ Totten Trust or ❑ Pay on_ Death
Designation as defined in. this. a8reement
(Beneficiaries' names and addresses)
X •.'
X
X _�_—
; SIGN ONLY WfIEN YOU REQUE.ST WTI'EIDRAW�'
CERTIFICA'I'I , recipient un er . .
.. ' . . • . ' Regulations. : � �
-TIN: S 55�1-941468' . .
� Tazpsyer I.D Nup�ber �he Taicpayer . O .Nonresin en�` AIiI � .� � �dualUI �aa►
IdentificaUOn Nuxnber aliown above :CrII`1) � S�� �Pe.
niy coirect.taxp'ayer idecitificadon number: . neither. a. citizen� nor a residerit of tt►e United
' • , ' . States: _ . . .
� Backup Withh41d�ri8> •j sm not subject p proqision for my signature; cectif'ying
to backup withholdjng either tSecause I have under � penalty of • perjury $ie statements
not been nodfied that I.aai subject t�o backup checked in tt�s section� �S contaicied on the
withholdirig. as a result of a failure to report . first �copy of this ccrtificata .
all interesc or dividends; or the Incernal� '
Revenue Service has nodfed me that I am no �, .
longer subject to backup.wiihholding. � _
� gEAD PAGE TWO FOR ADDITIONAL TERM3 fo�ae ���T
-- ..._.. ur� n-neo-39T-234t1 Form CWM-CA (1) 4/11/96 �