HomeMy WebLinkAboutItem No. 12 - Starbucks PM 38044City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-298
Agenda Date: 7/26/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number:
Parcel Map 38044 Starbucks - Four Corners
1.Approve Parcel Map 38044 subject to the City Engineer’s acceptance as being true and correct;
2.Authorize the City Clerk to sign the maps and arrange for the recordation of Parcel Map 38044; and
3.Approve and authorize the City Manager to execute the monumentation agreement.
Page 1 City of Lake Elsinore Printed on 8/2/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: July 26, 2022
Subject: Parcel Map 38044, Starbucks Four Corners
Recommendations
1. Approve Parcel Map 38044 subject to the City Engineer’s acceptance as being true and correct;
2. Authorize the City Clerk to sign the maps and arrange for the recordation of Parcel Map 38044;
and,
3. Approve and authorize the City Manager to execute the monumentation agreement.
Background
The proposed Parcel Map 38044 is located at the west corner of Lakeshore Drive and Riverside
Drive (State Route 74). Parcel Map 38044 consists of 1.11 acres. Two (2) parcels and three (3)
lettered lots are included. One of the parcels proposes to demolish an existing 900 sq. ft. building
to construct a new 893 sq. ft. Starbucks restaurant with a drive-through. The other parcel consists
of an existing retail building and parking area.
Discussion
Per the Subdivision Map Act section 66474.1, the Parcel Map has been reviewed and determined
to substantially conform to the previously approved Tentative Parcel Map No. 38044. All
Conditions of Approval relative to the Final Map approval have been completed.
Fiscal Impact
There is no fiscal impact.
Exhibits
A - Final Boundary Map 38044
B - Vicinity Map
C - Monumentation Agreement
SHEET 2 OF 2 SHEETSSURVEYOR'S NOTES:
EXHIBIT B
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned Four Corners Plaza LLC.
whose business address is
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 38044 which map was prepared by Bernhard K. Mayer
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 forthe 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: Monumentation on FM -2022-0001
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
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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 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 byoron 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 actor omission occurring prior to final acceptance by the
City of all the work and improvements constructed under this contract.
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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
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 anyaction 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 anytime after
any such default, the City may make written demand upon the Subdivider and suretyto immediately remedythe
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 onsurety 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 Thousand Seven Hundred
Dollars ($5,700.00 ) to guarantee
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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
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
violation of any City ordinance governing size, location, or required permits. Removal shall be atthe expense of
the Subdivider and Subdivider shall indemnify and hold the Cityfree 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 maybe 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 Cityof 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 S , ., v-% , 20_x.
SIGNED: I r o It A 0 A LA/0A , jo em bri,
See fittached for (Type NamelTitle)
Notary Certificate FOR: I -d Gf r Corn a Z et L LC_
(Name of Company on above line)
CITY OF LAKE ELSINORE
BY.
ATTEST:
Candice Alvarez, City Clerk
CITY OF LAKE ELSINORE
Jason Simpson, City Manager
CITY OF LAKE ELSINORE
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 Kern
On Ttt n4 20ZZ before"me, A r t c fo sot( (0 Notary Public
(Here insert name and title of the officer)
personally appeared Waal f ; LC' 10.t ,
who proved to me on the basis of satisfactory evidence to be the personN whose name( e subscribed to the
within instrument and owledged to me that�hehhey executed the same in s erltheir authorized
capacity(iN, and that b edtheiir signature( on the went the person(, or the entity upon behalf of which
the person(N) acted, execWzd 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.
cr
Signature of Notary Public
cc)MM. 02293184
- NOTARY PUgUG - CAl1FQRNIA
' KCRN COUNTY
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Aar e,•--tei,•r oc trg+,eta of
(Title or description of attached document)
o v e /-I e hi 5
itle or description of attached document continued)
Number of Pages Document Date -22
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
11 Individual (s)
IJ Corporate Officer
(Title)
El Partner(s)
LJ Attorney -in -Fact
El Trustee(s)
El Other
2015 Version CAPA v12,10,07 800-873-9865
(Notary Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefullyforproper notarial wording and attach this form 1f required.
• State and County information must be the State and County where the document
signor(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
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• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
heAAe/they--is/ar&*gr circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
m Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
m Indicate title or Type of attached document, number of pages and date.
ca Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CBO, CFO, Secretary).
Securely attach this document to the signed document
DR. WASFI SALAMA
FOUR CORNERS PLAZA, LLC.
3405 Mont Blanc Ter
Bakersfield, CA 93306
REFERENCE NUMBER FEE NAME
CITY OF
LADE LSII`IOKE
�1
DREAM
TRANSACTION PAYMENT AMOUNT
TYPE METHOD PAID
FM -2022-0001 I REFUNDABLE SECURITY DEPOSIT I Fee Payment I Check #1179 1 $5,700.00 1
SUB TOTAL 1 $5,700.00
TOTAL $5,700.00
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