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HomeMy WebLinkAboutID# 15-833 Approval of Map 28214-6, Castle and CookeCITY OF L.AK.E C-q?,LSIH0R.E -`�%`� DRE AM EXTREML. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: DECEMBER 8, 2015 SUBJECT: Approval of Map 28214 -6, Castle and Cooke Recommendations 1. Approve Final Map No. 28214 -6 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 28214 -6. 3. That the City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background The proposed Final Map No. 28214 -6 consists of 5.96 acres which includes 11 residential lots and a 1.29 acre park site in the Alberhill Ranch Community located south of Lake Street and east of Alberhill Ranch Road. The proposed streets will be public and the landscaping maintenance will be provided by the HOA. All future improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 28214 -6 and that all Conditions of Approval relative to the Final Map approval have been completed. Final Map No 28214 -6 December 8, 2015 Page 2 of 2 Fiscal Impact Public improvements are to be constructed by the developer. The proposed surety is sufficient for the City to complete the construction if needed. Prepared by: Dina Purvis Senior Engineering Technician Approved by: Grant Yates City Manager Attachment: Castle and Cooke Alberhill Construction Agreement Vicinity Map Final Map Index VICINITY MAP TRACT MAP 28214 -6 SGLE 1 " =60' CURVC IAOLE nn��is rovrewm n A AV m / A \I X- °�ieM+ro • \ wr I roA wT , w� Ali A iy4 Ix 1 mr•o. ` >RAfwocZN s- AAA ro.4 3l All- If JZ I 1. /W m mn{u n,f S r war s � P nnu� r' n ur[nLNN4 ewmr ol.w.eASeC rAIt LY ata[w.l TRACT NO, 28214 -6 O(AG A SU9OM3?0.V OF A i'Z%Z N OF PWR C' OF 101 ((NE ANOSMENI M, 2005 -05, REL0.PCE0 2 ZWr M. 2W7 AS 1A6IAUMFNY W. 2LV1- 010)MO, Of(NC A PoR! OF ME GSY VMr YCIKW 2). 10NX2VHM 5 SW1H RWLY 5 W T. SW DERV I MJ MSE & MERIININ KIYC ENGINEERS JULY 20IJ \A liiis Y /A ti e'�i by p{• i 5 �1`Y �8 11fTN[ 'P• AArs I 'f® sl SHEET 3 OF 3 SHEETS M1nb � 60Y •d• :amv ✓wu V LMf . a� nn��is rovrewm n A AV m / A \I X- °�ieM+ro • \ wr I roA wT , w� M1nb � 60Y •d• :amv ✓wu V LMf . a� n A AV m / A roa X- °�ieM+ro • \ wr I roA wT we roe mr•o. ` >RAfwocZN All- M1nb � 60Y •d• :amv ✓wu V LMf . a� AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Castle and Cooke Alberhill Home Building Inc. whose business address is 6455 Alberhill Ranch Road Lake Elsinore CA 92530 herein referred to as "Subdivider ", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214 -6 which map was prepared by KWC Engineers ; and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance "; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Street Improvements The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10 %) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the 0: \en9r \C.ity Council Reports \201.5 City Council Reports \12.8.15 \Final Map 28214 -6 \TR 2821.4 -6 Construction Agreement - Impvts.doc L City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety underthis agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance bythe City of all the work and improvements constructed under this contract. The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10 %) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of U: \engr \City Council Reports \2015 City Council Reports \12.6.15 \F.i.na.1 Map 28< 219 -6 \TR 28214 -6 Construction Agreement - Impvts.doc guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of Three Hundred Twenty -Four Thousand Five Hundred Eighty -Six Dollars ($324,586.00) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Three Hundred Twenty -Four Thousand Five Hundred Eighty -Six Dollars ($324,586.00) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a surety bond (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in ❑:AengrVCity Council ReportsA2015 City Council. Reports \12.8.15VF.i.nal Map 28214 -6A'PR 28214 -6 Construction Agreement - Impvts.doc 3 violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this day of ,2015. SIGNED: (Type Namelrille) FOR: (Name of Company on above line) [in VZ0001a 111MR4011 l;M*3 I10 C01:7 BY: ATTEST: Susan Domen, City Clerk CITY OF LAKE ELSINORE Grant M Yates, City Manager CITY OF LAKE ELSINORE U: \engr \City Council Reports \2015 City Council Reports \12.8.15 \Final Map 28219 -6 \TR 28219 -6 Construction Agreement - Impvts.doc 4