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HomeMy WebLinkAboutItem No. 07 Parcel Map 37284 & AgreementText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-634 Agenda Date: 4/24/2018 Status: Consent AgendaVersion: 1 File Type: MapIn Control: City Council / Successor Agency Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 4/19/2018 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Dina Purvis, Senior Engineering Technician Date:April 24, 2018 Subject:Approval of Parcel Map 37284 and Agreement for Construction of Improvements Recommendations 1) It is recommended that the City Council approve Parcel Map 37284 subject to the City Engineer’s acceptance as being true and correct; and, 2) It is recommended that the City Council authorize the City Clerk to sign the map and arrange for the recordation; and, 3) It is recommended that the City Council authorize the City Manager to sign the Agreement for Construction of Improvements in such form as approved by the City Engineer and City Attorney to secure completion of improvements. Background The proposed Parcel Map 37284 will create eight (8) developable lots on a total of 7.6 acres, plus four (4) lettered lots for public right of way. This subdivision is for the purpose of constructing the Central Plaza commercial development. The Tentative Parcel Map was approved by City Council on March 28, 2017. Discussion Staff has reviewed Parcel Map 37284 and determined that it is in substantial conformance with Tentative Parcel Map 37284. The developer has executed an agreement for improvements and provided security for the same. Fiscal Impact Public improvements are to be constructed by the developer. The proposed security is sufficient for the City to complete the improvements if needed. Staff time was utilized to prepare all documents. Exhibits A.Agreement B.Vicinity Map C.Parcel Map U:\engr\Correspondence\22674 Collier_APN 377-080-014 Central Plaza\Final Map\Construction Agreement.doc 1 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned HFC/PRP Elsinore, LLC . . whose business address is 417 29th Street, Newport Beach, CA 92663 . , herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as PM 37284 which map was prepared by David Evans and Associates, Inc ; 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: Offsite 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 U:\engr\Correspondence\22674 Collier_APN 377-080-014 Central Plaza\Final Map\Construction Agreement.doc 2 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 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 under this 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 by the 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 U:\engr\Correspondence\22674 Collier_APN 377-080-014 Central Plaza\Final Map\Construction Agreement.doc 3 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 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 judgement 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 Five Hundred and Eighty Seven Thousand Two Hundred and Eighty Three Dollars ($ 587,283.00) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Five Hundred and Eighty Seven Thousand Two Hundred and Eighty Three Dollars ($ 587,283.00) 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 bonds (corporate surety bonds, cash deposits, etc.) U:\engr\Correspondence\22674 Collier_APN 377-080-014 Central Plaza\Final Map\Construction Agreement.doc 4 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 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 , 20 . SIGNED: _________________________________________ (Type Name/Title) FOR: ______________________________________________ (Name of Company on above line) CITY OF LAKE ELSINORE BY: __________________________________________ Grant M Yates, City Manager CITY OF LAKE ELSINORE ATTEST: _________________________________________ Susan Domen, City Clerk CITY OF LAKE ELSINORE I- 1 5 S H -7 4 C O L LIE R S T I-1 5 S B O N D E X T E R A V E I -15 NBOFFTHIRD STI- 1 5 SBOFFCENTRAL STI-15 N B O N10TH STCRANE STALLAN STP A S A D E N A S T D E X T E R P L CRANE STI- 1 5 P A S A D E N A S T I- 1 5 S H -7 4 C O L LIE R S T I-1 5 S B O N D E X T E R A V E I -15 NBOFFTHIRD STI- 1 5 SBOFFCENTRAL STI-15 N B O N10TH STCRANE STALLAN STP A S A D E N A S T D E X T E R P L CRANE STI- 1 5 P A S A D E N A S T VICINITY MAP Parcel Map 37284 8 PARCELS 4 LETTERED LOTS 7.628 ACRES GROSS 7.326 ACRES NET IN THE CIN OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP N0. 37284 SHEET 3 OF 6 SHEETS BEING A SUBDIVISION OF LOT 6 AND A PORTION OF LOT 5 OF BLOCK 5 OF NORTH ELSINORE TRACT, PER MAP RECORDED IN BOOK 5 PAGE 105 OF MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EASEMENT NOTES: DAVID EVANS AND ASSOCIATES, INC. 10. AN EASEMENT FOR ANCHORAGE PURPOSES AND RIGHTS INCIDENTAL THERETO AS SET FORTH JOHN C BENTLEY, P.L.S. 7223 OCTOBER 2016 IN A DOCUMENT RECORDED OCTOBER 19, 2017 AS DOCUMENT NO. 2017-0434466 OF OFFICIAL RECORDS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY. Sam FYI RIGHTS OF ACCESS TO OR FROM THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LAND t CENTERLINE HAVE BEEN RELINQUISHED BY THAT CERTAIN DOCUMENT RECORDED JANUARY 04, 1978 AS 9C BEGINNING OF CURVE DOCUMENT NO. 871 OF OFFICIAL RECORDS. EX R/W EXISTING RIGHT-OF-WAY 0 RIGHTS OF ACCESS TO OR FROM THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LAND FOUND MONUMENT AS NOTED HAVE BEEN RELINQUISHED BY THAT CERTAIN DOCUMENT RECORDED JANUARY 13, 1978 AS �L RESTRICTED ACCESS DOCUMENT NO. 7287 OF OFFICIAL RECORDS. ;R) RADIAL UNE Q RECIPROCAL EASEMENTS FOR ACCESS AND UTILITIES CREATED BY THAT CERTAIN DOCUMENT 3F IAC SQUARE FEET / ACRES DEXTER AVE. (VACATED) I vi tV n co 1-1146'17_1 40' u \ w MONUMENT NOTE 40' CENTERUNE PER R7 RECORDED JANUARY 30, 2017 AS DOCUMENT NO. 2017-0037864 OF OFFICIAL RECORDS. L10 I 05 AN EASEMENT FOR ROAD PURPOSES AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A FOUND MONUMENTS AS NOTED o Q DOCUMENT RECORDED MAY 05, 1931 IN BOOK 24 PAGE 456 OF OFFICIAL RECORDS IN 0 L1 128.64 FAVOR OF THE COUNTY OF RIVERSIDE. SET i" DU. IRON PPE AND TAG OR PLASTIC CAP OR � © NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF EACH PARCEL OVER, ACROSS, IN, UNDER SPKE AND WASHER MARKED "LS 7223" FLUSH AT ALL PARCEL CORNERS, UNLESS NOTED OTHERWISE. r -m L13 AND THROUGH THE COMMON AREA OF THE PARCEL FOR THE PURPOSES OF PARKING, N4617'10'W 50 0 50 100 z_j2l INGRESS AND EGRESS, UTILITIES, PEDESTRIAN TRAFFIC, COMFORT AND CONVENIENCE, LEAD, TACK AND TAG MARKED "LS 7223", TO BE scale 1 = 50 feet N43.42'50"E TEMPORARY CONSTRUCTION ACTIVITY, SERVICE DELIVERY VEHICLES, MAINTENANCE OF THE SET IN TOP OF CURB ON PARCEL SIDE1,MiES N66.12'50"E �'_ AVE. COMMON AREA, SIGNAGE, AND UTILITY FACILITIES, AS SET FORTH IN A DOCUMENT PRODUCED IN LEU OF FRONT CORNER. THE BASIS OF BEARINGS 194.07 RECORDED JUNE 17, 2016 AS DOCUMENT NO. 2016-0249258 OF OFFICIAL RECORDS. MONUMENTS WILL BE SET RADIAL TOTHE CENTERLINE, 154.51 N46•1701o"W ELSINORE VALLEY MUNICIPAL WATER DISTRICT UTILITY EASEMENT, 20 FEET WADE ALONG UNLESS W07M OTHERWISE. THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF L17 MAINLINE AND VARIED WIDTHS ALONG SPUR LINES AS SET FORTH MI A DOCUMENT N43.42'50"E CENTRAL AVENUE AS SHOWN ON RECORD OF SURVEY RSB 116/85. 261.50 RECORDED 201_ IN BOOK PAGE OF OFFICIAL RECORDS. Lie BEING NORTH 4642'50" EAST. DETAIL W - I I 40' CENTERUNE PER R7 •� >1 L10 I � Q N46'17'02"W o Q 1 176,42 ?moo L1 128.64 N43.42'58"E L12 � }SLI IQ 26.17 r -m L13 3 N4617'10'W L.3 z_j2l N43042500E L14 A 4C cc 0 ODN N U O J 121 INTERSTATE 15 "J91743"E 257.03' 2 N50'42'17"F, LRS 114535'82"E (R� -05 R=2000.00' - �\ PARCEL 4 I - _ -- I I , I N N39'17'4/ " `_' 7 27 N44'24'08"W 38,866 SF/ 0.89 AC ( 1--- - rn 3 IN 81.89' NORTHEASTERLY LINE DETERMINED FROM _ -_ GRANT DEED FILED IN BOOK 1978/ 871 O.R. W © I. I 7 W _-- 1-------- -I SEE SHEET 5 I I cv I f -J 72.00' z 36.44' z ISI _ I g N4617'10"W 108.44' I I I M ``� ♦ I I �o I I N4617'10"W 218.24' I I 8 MC� aiPARCEL 8 r_ I z 45,763 SF/ 1.05 AC _ n -J I 27.00' 98.44' N - I ---- I N PARCEL 3 I 1 - S 1146'17'10"W 125.44' Z N43'42'50"E- 1-�T 1 N46'17'100W 202.67' 10.66'-,r- ;� 28,555 SF/ 0.66 AC I I 1146'1710 N I i L --- ------------j ----� Z I --------------� I W ©PARCEL 7 r_! I 11146'17'10"w © I -- .9 25,345 SF/ 0.58 AC L- _ 62.04 I r---- - - - - - - - - - - - - - I N1'26'48"W / / N43'42'50"E I I l --I T 19.53' j % z N4617'10"W 212.67' N46'1133"E 5.87 " / /1 7 z 1146'44'34"W 125 44' I ---J' SEE SHEET 6 N 'P3 N umd j.L r18.00 PARCEL 6 i I PARCEL 2 19,032 SF 39,068 SF/ 0.90 AC I i I / 0.44 AC I I SOUTHEASTERLY UNE OF LOT 6, M NORTH ELSINORE TRACT �I I (N4617'10"W Z M.B. 5/105 I ©rl 56.00 I N46'1 r10`W 274.73' I I S N "�i NE.L'Y LINE Lb OF COUNTY `` %s HWY. PER D2 6'17'1 F-51 I -- L, 20.24 , N46'1710 c, A°36 I '1 I 45.00' 4D 9�2,7� SF/9r , I i I EX R b o k�� Q 869 I I /w M �`yi� CIC I W Z o SW.L'Y LINE OF I (,?� 59 ko __SCOUNTY HWY.T EX RSM PER D2 SEE SHEET 4 NE.L'Y LINED ( ( �=52 61 � ' OUNTY LAND I a PARCEL 5 85,545 SF/ 1.96 AC X12'37'23" R=329.19' r -L=72.52' LOT D 4,;1' 200 SF/ 0.002 AC ,�°�� POR110N OF COLLIER lhi AVENUE 110 BE VACATED 1155'27'38"W 1112'43'38"W 48.01 27.23 0 1 69�* 1143654202»W 1.8 9l9 4658'88' 16.17 39.09 N46'17 02 N46'17'02 "W '� ' =76.19 X44.98 0'1.38'11 EX R/W 7 N85'36'300E N`3?;;10¢ 38.07' _122.49' `9�(R 1141 L=167.47' OT MA 5.01' 46.50' A 'p, ._40 " =27.2 PER D3 I 002'23'57 1 / �`N79'46_00`E =5'51'32" R=1123.50 ��0t.1 ►R• 26.61 I _ �.q- 114.89 114.89 `rr� j �� =1243.50 f - '02"� ..`O�' 1�°c�''Q 'Slat '�, "R1 a8 E �� ��i_ 19.27' of Azl `N40 31 41 E y RAD = 12430"-- 1- N4617'02"W 98.19' COLLIER AVENUE_______ - -- 2 LA CENTERUNE PER R7 •� >1 L10 Lj N11r4a•W Q N46'17'02"W Direction Q 1 176,42 N43'42'500E L1 128.64 N43.42'58"E L12 � N46'15'15-* IQ 26.17 W L13 51.93 N4617'10'W L.3 U N43042500E L14 W N43.42'50"E L4 COLLIER N66.12'50"E �'_ AVE. 24.49 N46'18'310IW L5 194.07 N43'4250'E Lie 154.51 N46•1701o"W Q 83.26 1.81' N46'17'02"W L17 17.00 N43.42'50"E L7 261.50 1139'1 r43"w Lie Z > Q DETAIL W L8 47.31 1 W L19 10.00 I U Line Table LA 193.71 N43 42'1 rE L10 59.06 N11r4a•W Line # Length Direction L11 1 176,42 N43'42'500E L1 128.64 N43.42'58"E L12 25.34 N46'15'15-* L2 26.17 N117'10'W L13 51.93 N4617'10'W L.3 121.79 N43042500E L14 10.06 N43.42'50"E L4 71.83 N66.12'50"E L15 24.49 N46'18'310IW L5 194.07 N43'4250'E Lie 154.51 N46•1701o"W Le 83.26 N461r10'W L17 17.00 N43.42'50"E L7 261.50 1139'1 r43"w Lie 13.89 N4a'I r10"W L8 47.31 1 N461r48"W L19 10.00 N43.41'14"E L20 17.46 N461r10"1N L21 16.78 N46l r36'W L22 1200 N43.4r50"E L23 11.16 N43.42'S0"E L24 31.33 N469r10"W L25 30.56 N43.42500E L26 27.00 N46.19'05"W L27 25.65 N461r18"W L28 54.00 N48'13'30"W L29 50.40 N4617'10"W L30 27.50 N4617'10'W L31 36.13 N46'18'2rW L32 16.07 N43.41'330E L33 24.67 N88'42'500E L34 23.79 N461 r44"W L35 23.06 N46.1 r1 o"W