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HomeMy WebLinkAbout2010 CON Constellation Property Group - Subdivision Improvement Centro / Revolution 2SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: N©vgm2 r' 0%3 3O O NAME OF SUBDIVIDER: Constellation Property Group, A Avenue L.P. ADDRESS OF SUBDIVIDER: 3963 Del Mar Avenue, San Diego, CA92107 NAME OF SUBDIVISION: Centro/Revolution 2 2010-260 F CITY COUNCIL/PLANNING COMMISSION RESOLUTION OF APPROVAL NO.. 200G 112 s1/_ November 23, 2010 ADOPTED:Juno 20, 2,0Q6 IMPROVEMENT DRAWING NO.: 10302-D ESTIMATED TOTAL COST OF IMPROVEMENTS: (OFF -SITE AND ON -SITE): $199,203 ESTIMATED TOTAL COST OF MONUMENTATION: $0.00(All Monumentation has been set) ESTIMATED TOTAL COST OF LANDSCAPING AND IRRIGATION: $12,155.00 TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: Prior to occupancy of Lot 2 NAME OF SURETY AND BOND/LETTER OF CREDIT NUMBERS: This agreement is made and entered into by and between the City of National City, California, a Municipal Corporation of the State of California, hereinafter referred to as City; and the Subdivider named on Page 1 hereof, hereinafter referred to as Subdivider. RECITALS WHERAS, Subdivider has presented to City for approval and recordation, a final subdivision map/parcel map of a proposed subdivision as stated on Page 1 hereof pursuant to provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 17 of the National City Municipal Code, hereinafter referred to as Code, relating to the Filing, approval and recordation of subdivision maps; and WHEREAS, a Tentative Map of the Subdivision has been approved, subject to the requirements and conditions contained in the resolution listed on Page 1 hereof. Said resolution is 1 on file in the office of the City Clerk and is incorporated herein by reference and made a part hereof; and WHEREAS, the Code provides that before the final subdivision or parcel map is approved by the City Council of the City Engineer, Subdivider must have complied with the requirements of said resolution and must have entered into an agreement with the City, secured by an approved improvement security to insure the performance of the work and payment to the contractor and to all persons furnishing labor, materials and equipment, pursuant to the requirements of the Code, agreeing at its own expense to install and complete, free of liens, all of the public improvements, land development and landscaping and irrigation work required in the subdivision within a definite period of time prescribed by the Council or City Engineer; and WHEREAS, Subdivider, in consideration of the approval and recordation of this map by the Council or the City Engineer, desires to enter into this agreement wherein it is provided that the Subdivider will install and complete at its own expense, all of the improvement work required in connection with the proposed subdivision and will deliver to the City an improvement security as approved by the City Attorney; and WHEREAS, complete plans and specifications for the construction, installation and completion of all of the improvement work have been prepared and approved by the City Engineer; as shown on the drawings listed on Page 1 hereof which have been prepared and approved by the City Engineer; as shown on the drawings listed on Page l hereof which have been filed in the office of the City Engineer and are incorporated by reference herein and made part of hereof; and WHEREAS, it is necessary that certain monuments and stakes as specified on the final map shall be installed within thirty days after completion of the required improvements and their acceptance by the City, and that street signs be placed at intersections, as required by the Code; and 2 WHEREAS, an estimate of the cost of constructing the public improvements, and the necessary land development work in connection therewith according to said plans and specifications has been made and has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibit "A"and made a part hereof; and WIIEREAS, an cctimato of the c st f r the installation of all monument j haan approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is aV2ched NOW, THEREFORE, in consideration of the approval and recordation by the City Council or the City Engineer of the final map of this subdivision, and other valuable consideration, Subdivider and City agree as follows: 1. Subdivider shall: a. Comply with all the requirements of said tentative map resolution, and any amendments thereto and with the provisions of the Code. b. Complete at its own expense, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the public improvement, land development, and landscaping and irrigation work required in and adjoining the subdivision as follows: IMPROVEMENT Masonry Retaining Wall Street Trees and Ground Cover irrigation DEADLINE DATE Prior to occupancy of Lot 2 .�L 3 IMPROVEMENT Curb & Gutter Sidewalk Alley Pavement Pedestrian Ramp Remove Curb & Gutter Remove Sidewalk Remove Alley Pavement Sewer Service Water Service Curb Outlet Sidewalk Underdrain Monumentation DEADLINE DATE Prior to occupancy of Lot 2 l[ CC ff Prior to occupancy of Lot 2 Completed c. Furnish the necessary materials therefore, in conformity with the plans and specifications on file in the office of the City Engineer. d. Notify City Engineer in writing at least fifteen days prior to the commencement of the work hereunder. No construction shall begin until approved authorization has been obtained and the official Preconstruction conference has been held. e. Complete the improvements listed in 1. (b) above, under this contract on or before the time limits stated hereof. f. Install all monuments required by law within thirty days after the completion and acceptance of the improvements by the City Engineer. g. Install temporary street name signs if permanent street name signs have not been installed. 2. All utilities shall be underground as per National city Municipal Code Section 17.07.032 and SDG&E approval. Cable for TV shall be provided. 3. Subdivider agrees to install and maintain landscaping and irrigation as per City approved plans ( 1 sheets) dated 11/10/2010 . Such work shall be secured by a faithful performance security in the amount of 100% of the total estimated cost of the work, and a payment security in the amount of 50% of the total estimated cost of the work. (See Exhibit "C" for an estimate of the landscape and irrigation work). Subdivider shall maintain all areas of landscape in a manner that is satisfactory and acceptable to the City, and shall indemnify and save City harmless from original or developed defects in materials and workmanship supplied by the developer appearing within one year from the date of acceptance of the work by the City. 4. If any of the public improvement, land development and landscape and irrigation work contemplated by this agreement is to be constructed or installed on land not owned by Subdivider, no construction or installation shall be commenced prior to the dedication and acceptance by the City of the appropriate easements. 5 5. The City Engineer or his duly authorized representative, upon request of the Subdivider, shall inspect at Subdivider's expense, the improvements herein agreed to be constructed and installed by Subdivider, and if determinded to be in accordance with applicable city standards and the terms of this agreement, shall recommend the acceptance of such improvements by the City. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. 6. Subdivider shall furnish to the City good and sufficient security on forms approved by the City, in the amount of 100% of the estimated cost of said improvements as stated on Page 1, hereof, to assure faithful performance of this agreement in regard to said improvements; and in the additional amount of 50% of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishing labor or materials to them for the improvements required to be constructed or installed hereby. Ten percent (10%) of the amount of the faithful performance bond shall continue in effect to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by the City against any defective work or labor done or defective materials furnished. Subdivider shall furnish to the City such security in the amount of 100% of the estimated cost of setting subdivision monuments as stated on Page 1, hereof and as required by this agreement. The securities required by this agreement shall be filed with the City Clerk or the Director of Finance Department, and when so filed, shall be incorporated by reference herein. 7. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by city and Subdivider, shall not require additional improvement security given for faithful performance of the improvement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, Subdivider shall provide improvement security for faithful performance as required 6 by this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended. minus any completed partial releases thereof as allowed by this agreement. 8. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection (b) hereof. b. The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of this act or work as it progresses upon application therefore by the Subdivider; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by the Code, the Subdivision Map Act or this agreement. c. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefore 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 thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. 7 d. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claims filed during said period have been settled. 9. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repaired, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State or California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any cash repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 11. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such performance by the City. The sums provided by the improvement security may be used by the City for the completion of the required improvements within the subdivision in accordance with specifications contained herein. City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, all costs shall be at the expense of Subdivider, and the Subdivider's Surety shall be liable to the City for any excess cost or damages occurred by the City; and, in such event, the City, without liability for so doing, may take 8 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 therefore. 12. In the event that the Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. 13. Subdivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance of said work against any defective work or labor done or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's option, to perform the work twenty days after mailing written notice of default to Subdivider and agrees to pay the cost of such work by City. Should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 14. 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. 15. Nothing contained in this agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with subdividers for the apportionment of costs or water and sewer mains 9 pursuant to the provisions of the National City Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. 16. Until such time as all improvements required by this agreement are fully completed and accepted by the City, Subdivider will be responsible for the care, maintenance of and any damage to such improvements. Subdivider shall give good and adequate warning to the travelling public of each and every dangerous condition existent in said improvements, and will protect the travelling public from such defective or dangerous conditions. The Subdivider hereby agrees to pay for such inspection of such improvements as may be required by the City Engineer of the City. 17. Upon acceptance of the work on behalf of the City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in the City. 18. Acceptance of the work on behalf of the City shall be made by the City Engineer upon authorization of the City Council. Such acceptance shall not constitute a waiver of defects by the City. 19. The 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 the Subdivider, its agents or employees in the performance of this agreement. Subdivider further agrees to protect and hold harmless the 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 the 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; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said 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 10 and the improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the improvements shall not constitute an assumption 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 improvement plans regardless of any action taken by the City on approval of the plans. The Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design, other than routine maintenance, or damage to the improvements by an act of God for the time period specified in this agreement. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the City of the improvements. 20. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Subdivider. 21. Sale or other disposition of this property will no relieve Subdivider from the obligations set forth herein. 22. Time is of the essence of this agreement. Subdivider shall commence substantial construction of the improvements required by this agreement not later than nine months prior to the time for completion. Provided that in the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder maybe extended. Any such extension may be granted without notice to Subdivider's Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties on any bond given for the faithful performance of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an 11 extension. As a condition of such extensions the City Engineer may require Subdivider to furnish 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. Failure of Subdivider to comply with the terms of this agreement shall constitute consent to the filing by City of notice of violation against all the lots in the Subdivision. 23. In the event that suit is brought by City to enforce the terms of this contract, City shall be entitled to process such suit and a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the City has caused this agreement to be executed by having affixed thereto the signature of an authorized City representative and the Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. DATED this day of November, 2010 . Stephen Scotchmer, Vice President Constellation Property Management, Inc. General Partner of Constellation Property Group (A Avenue) LP SUBDIVIDER APPROVED AS TO FORM: audia G. Silva, City Attorney BY: CITY OF NATIONAL CITY, A Municipal Corporation of the State of California CHRIS Zrfilr?RA CITY MANAGER (NOTARIAL ACKNOWLEDGMENT OF EXECUTION OF OWNERS MUST BE ATTACHED) 12 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ,( )%m DiC9 ski &t.IG before me, 1_, Vt' id .ki:Nch. f ,0l t L, • (Here insert name and title of the officer) personally appeared 5keli )(I S(d( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of otary Public (Notary Seal) I. DELGADO Commission 11757830 _ Notary Public . California Son Di4/120 Cort County n11 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) O Partner(s) O Attorney -in -Fact O Trustee(s) O Other 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 (Le. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(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 notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /ate) or 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. 3• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 3. Indicate title or type of attached document, number of pages and date. a. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com R2 Updated Preliminary Bonding Estimate No trandscape.xls SCHEMATIC ENGINEER'S ESTIMATE Entpes-©ye Asaunclat s FILE: NC1151 DATE: 11/15/10 BY: WAS PROJECT NAME: R2 CONDOMINIUMS -STREET IMPROVEMENTS (NO LANDSCAPING) ITEM OF WORK A. DRAINAGE IMPROVEMENTS 1) STORM DRAIN CLEANOUT 2) 18' RCP STORM DRAIN 3) TRENCH REPAIR 4) CONNECT TO EXISTING CATCH BASIN 5) 8. PUBLIC STREET IMPROVEMENTS 1) SAWCUT A.0 OR CONCRETE PAVEMENT 2) REMOVE CONCRETE CURB & GUTTER 3) REMOVE CONCRETE SIDEWALK 4) REMOVE A.C. PAVEMENT OR CONCRETE ALLEY 5) 6" CONCRETE CURB & GUTTER 6) CONCRETE SIDEWALK 7) CONCRETE ALLEY PAVEMENT 8) PEDESTRIAN RAMPS 9) A.C. PAVEMENT & BASE 10) CONCRETE DRIVEWAY C. SEWER SYSTEM IMPROVEMENTS 1) 8" SEWER LATERAL 2) TRENCH REPAIR 3) 4) 5) D. WATER SYSTEM IMPROVEMENTS 1) 8" FIRE SERVICE 2) 3" WATER SERVICE WITH METER 3) 2" IRRIGATION SERVICE 4) TRENCH REPAIR E. MISCELLANEOUS IT! 1) MASONRY RETAINING 2) TRAFFIC CONTROL 3) GRAVEL BAGS 4) CONCRETE WASHOUT 5) INLET PROTECTION 6) 7) 8) 1 EA 100 LF 100 LF 1 EA 580 LF 290 LF 1350 SF 3500 SF 290 LF 4750 SF 2900 SF 2 EA 590 SF 576 SF 2 EA 60 LF 1 EA 2EA 1 EA 80LF 0 LF 250 EA 1 EA 2 EA 0 age 1 $6,368,00 $6,368 $123.50 $12,350 $41.25 $4,125 $550.00 $550 $0 $5,12 $2,970 $3,30 $957 $1.50 $2,025 $2.01 $7,035 $22.00 $6,380 $8.00 $38,000 $9.24 S26.796 1,876.00 $3,752 $8.40 $4,956 $11.55 $6.653 7.90 $9.876 25 $2,475 $0 $0 $0 $5,500.00 $5,500 $5,000.00 $10.000 $2,866.00 $2,866 $41.25 $3,300 $0.00' $0 $37.95 $11,000.00 $1.82 $825.00 $247.50 $0.00 $0.00 $0.00 $0 385 1,000 $455 $825 $495 $99,523 $12,351 $21,666 $24,160 Exhibit "A" R2 Updated Preliminary Bonding Estimate No Landscape.xls 9) 10) F. SUBTOTAL CONSTRUCTION COSTS G. CONTINGENCY H. ESTIMATED CONSTRUCTION COST Prepared By: SNIPES -DYE ASSOCIATES 8348 Center Orna Suue La Mesa, CA 91991 (619)697-92341 Reviewed By:._- $181.093 BATE: 1O% so $0 $181.093 $18,109 $199,203 Page 2 Exhibit "A" R2 Updated Preliminary Landscaping Bonding Estimate.xls SCHEMATIC ENGINEER'S ESTIMATE Snlfpe-Dyie Assadsaes FILE: NC1151 DATE: 11 /15110 BY: WAS PROJECT NAME: R2 CONDOMINIUMS•LANDSCAPING IMPROVEMENTS TEM OF WORT{ QUART UNITS UNIT COST AMOUNT TOTALS A. LANDSCAPE /TEMS 1} STREET TREE (24' BOX) 2) GROUNDCOVER 3) STREET TREE & GROUNDCOVER IRRIGATION 4) 5) 7} B) 9) 10) F. SUBTOTAL CONSTRUCTION COSTS G. CONTINGENCY H. ESTIMATED CONSTRUCTION COST Prepared By: SNIPES -DYE 4SSSOCIATES 8348 Cente La Mesa, Gd (619)667-92 f Reviewed By _ 15 EA 2500 SF 550 LF 0 0 0 0 0 $11,050 $250.00 $0.50 $11.00 S0.00 $0,00 $0.00 $0.00 $0.00 DATE: 10°k $3,750 $1.250 $6.050 $0 $0 $0 $0 $0 $o $11.050 $11,050 $1,105 $12,155 Exhibit "C" Page 1 Name/Company: Address: City/State/Zip: y DEVELOPMENT SERVICES DEPARTMENT TRUST & AGENCY REVENUE TRANSMITTAL Date: November 23, 2010 APN No.(s) 2tP--,/�� 17 Property Owner: 7<' ) i )a3t �1 1 Phone: 1 Project Name: V01 C?i/U/6 Project Address: ill}r 77OA)41__ C I/ 7 o1--//12 ///t ";:)tetiNational City, CA 91950 Trust and Agency Account # City Staff: Barby Tipton - Purpose: :>lil�'0/dl`la Performance Landscape Payment (50% of above costs) Total $199,203 12,155 105,679 $317,037 The sum deposited shall be in the nature of a deposit and as an advance against the obligations of the subdivider for the purpose of 1) securing the faithful performance of all the terms and conditions of the Subdivision Improvement Agreement, dated //- 13 , 2010, for the Centro/Revolution 2 subdivision executed by and between the City of National City and Constellation Property Group (A Avenue) LP (the "Agreement"); 2) securing the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment of the contractor, subcontractors, and persons renting equipment or furnishing labor or material for the improvements to be constructed pursuant to said Agreement; and 3) for the payment of reasonable costs and fees, including reasonable attorneys' fees incurred by the City of National City in enforcing the terms and conditions of said Agreement. Chris Zapata, Refund Payable to (If applicable): lei 6/tJ/L--- 1(7,3 / �J Subdivider Date I certify under the penalty of law that the refund information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including psibility of fine and imprisonment for knowingviolations. 2 Signature 'I I`t 17/-1M11 Print Name Date DEVELOPMENT SERVICES DEPARTMENT TRUST & AGENCY REVENUE TRANSMITTAL Date: November 23, 2010�r City Staff: Barby Tipton APN No.(s) 556 -.J7 l6, Property Owner:00/07VC47�%A.) l L(LN Phone: Project Name: e N(1[-F i Project Address: /411/jA.) Cl C 4)1 V" // ,._)-ViNational City, CA 91950 Trust and Agency Account # Purpose: Sud,D/'I�16tb/ nfOititeJr Performance (Art Project) $30,000 The sum deposited shall be in the nature of a deposit and as an advance against the obligations of the subdivider for the purpose of 1) securing the faithful performance of Art Project as a condition of approval for the Final Map for the Centro/Revolution Project 2) securing the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment of the contractor, subcontractors, and persons renting equipment or furnishing labor or material for the improvements to be constructed pursuant to said Agreement; and 3) for the payment of reasonable costs and fees, including reasonable attorneys' fees incurred by the City of National City in enforcing the terms and conditions of said Agreement. prov alb aVllo for audia 0 Chris Zapat. ty 4 anager City Attorney Date i Z/6//® Subdivider Date Refund Payable to (If applicable): Name/Company: Address: City/State/Zip: G�f}5 i ,r✓t) t._ Malt r c//737 I certify under the penalty of law that the refund information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including pgssibility of fine and imprisonment for knowing violations. > ty 77W1X) i/A)/ro M101-1- Print Name Date RESOLUTION NO. 2010 — 260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE CENTRO/REVOLUTION 2 CONDOMINIUMS LOCATION: 41 EAST 12TH STREET APPLICANT: ANDREW ZLOTNIK CASE FILE NO. 2010-32 M (S-2006-5) WHEREAS, application was made for approval of a modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12'h Street within the City of National City on property generally described as: Parcels 1 & 2 of Parcel Map No. 10377, filed in the Office of the County Recorder of San Diego County on August 27, 1980, as file No. 275023, Official Records, in the City of National City, County of San Diego, State of California WHEREAS, the modifications were requested by the applicant to remove and/or modify conditions of approval related to public art, expanded transit services, business improvement, parking and landscape maintenance district requirements, specifically to bond for public art (condition no. 7), remove condition no. 15-b related to a transit (15-c is now 15-b), and to allow for annexation into the specified districts when formed and/or are accepting members. WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on November 1, 2010, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on November 23, 2010, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2010-32 M (S-2006-5), which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified, and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan because it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. Resolution No. 2010 — 260 November 23, 2010 Page 2 3. The site is physically suitable for the proposed type of development because the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development because the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents, and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision based on consideration of local climate, topography, property configuration, and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council hereby approves said modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12'h Street, subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-5), dated January 20, 2006, except as modified by the conditions of approval. Resolution No. 2010 — 260 November 23, 2010 Page 3 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Reviews DSP-2005-1 and DSP-2005-5. 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval, and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval, and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The developer shall bond for an approved public art program. The approved public art program shall be installed, constructed, or implemented prior to occupancy of the Revolution 2 condominium project or any other development project ultimately located upon the property adjacent (currently APN 556-554-17) to the Centro development. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street fumiture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Resolution No. 2010 — 260 November 23, 2010 Page 4 Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. The City is currently preparing a sewer study that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8- inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Resolution No. 2010 — 260 November 23, 2010 Page 5 h) A soils engineering report shall be submitted for the Engineering Department's review after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City Modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Street improvements shall be in accordance with National City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes, including certification, acknowledgement, complete boundary information, and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating that the fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the Final Map approval. p) The developer shall bond for the monumentation, the public improvements, and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. Resolution No. 2010 — 260 November 23, 2010 Page 6 r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line serving the project area to 12-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 12th Street frontages. 12. Fire Department Requirements. The applicant shall comply with all National City Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated October 4, 2005 and March 21, 2006. a) Project to be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance, and the most current National Fire Protection Association (NFPA) Standards, as adopted by the City of National City. b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required. e) Class I standpipe system will be required. Resolution No. 2010 — 260 November 23, 2010 Page 7 f) Minimum fire flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department central control station will be required. h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 edition of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 14.. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard and 12th Street with a larger shelter (or two smaller sizes), and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to the National City Police Department ("NCPD"). Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench, if warranted. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority, but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. Resolution No. 2010 — 260 November 23, 2010 Page 8 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the Morgan Square Business Improvement District shall be required at the time that the District begins accepting additional assessments. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the landscape maintenance district shall be required at the time the district is formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the parking district shall be required at the time the district is formed. 21. Acceptance of Conditions. The applicant and the property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interests or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City, and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval, unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2010 — 260 November 23, 2010 Page 9 BE IT FURTHER RESOLVED that this resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 23rd day of November, 2010. on Morrison, Mayor ATTEST:../j Mi PPROVED AS TO FORM: udia G. Silv City Attorn Passed and adopted by the Council of the City of National City, California, on November 23, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City National City, California Clerk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-260 of the City of National City, California, passed and adopted by the Council of said City on November 23, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ✓c�o�o vo MEETING DATE: November 23, 2010 AGENDA ITEM NO. 40 ITEM TITLE: Resolution approving a modification of a previouslyapproved Tentative Subdivision Map for the Centro/ Revolution 2 Condominiums located at 41 East 12tn Street. (Applicant Andrew Zlotnik) (Case File 2010-32 M (S-2006-5) PREPARED BY: Martin Reeder DEPARTMENT: De ent vcs/Planning. PHONE: 336-4313 APPROVED . EXPLANATION: The City Council voted to approve this item at the November 23, 2010 public hearing. The attached resolution is needed to follow through on the action. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the attached resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution (4c,sowC\0 moo. aO%O• reGO