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SR-6-V (3)~~ ~~~~~ PCD SF KG AS PF f lplanlsharelcouncillstrpt1fm24589 Counc~l Mtg July 22, 1997 TO Mayor and City Cour~cil FROM City Staff SUBJECT Recommendation to Adopt Resolution Approving F~nal Parcel Map No 24589 far a Lot Split at 3301-3303 Exposition Boulevard INTRODUCTIQN Th~s report trartsmtts for City Cauncil approval a S~bdivision Improvement Agreement and ~~~ 22'~' Santa Manica, Cal~forn~a Final Parcef Map for #he foflowing subcfiv~sion of a sEngle parcel into three (3) parce(s PARGEL MAP ~1DDRES$ SUB~IVIDER 24589 3301-3303 Exposition Blvd Expos~tEOn Bl~d Partners, Ltd Tentat~~e Parcel Map No 24589 was appro~ed by the Plannmg Commission on No~ember 6, 1996 B~ KG R0~1V D After publrc hear~ng and carefui rev~ew af the record and staff recommendations, the Plann~ng Cammission approved a Vest~ng Tentat~ve Map for the abo~e pro~ect on November 6, 1996 The action of the Pkanning Commission was based an findings that the praposed subdivision will have na significant environmenta! impact and is in coniormance with al! State and local laws and regulations and applicable General P1an Elements 1 JU~, 2 2 ~- The Final Map conforms to the Tentative Map The License Di~ision reporfs that fhe Cify is not a I~en cla4man# The pro~ect has beer~ appro~ed by #he Las Angeles County Eng~nee~'s office and certified by the City Engmeer for conformance with the Tentat~~e Map and cond~tions thereon, #he Subdivision Map Act and local ordmances The applieant has s~gned the Subd~vision Improvement Agreement, stating the~r agreement w~th the City to complete the required public improvements at the expense of the applicant The agreement has beer~ approved as ta co~tent by the City Engineer and as to form by tF~e City Attamey BUDGET/FISGAL IMPACT The recornmendation p~esented ~~ th~s r~port does nat ha~e a budget or fiscal impact RECOMMENDATION It ~s recommended that the City Council direct the City Manager #o execute t~e Subdivis~on lmpro~emen# Agreement and that the ~~nal Map be appro~ed by adoption af the accompanying resolution Prepared by Suzanne Fr~ck, Director of Plan~~ng & Co~mur~rty Deve~opme~t Karen Ginsberg, Planning Manager Pa~l Foley, Associate Planner Attachrnent A Resolution Accepting and Appro~ing Final Map B Subdi~ision Impro~ement Agreement ATTACHMENT A RESOLUTION NO g167 (CCS) {City Council Senas) A RESOLUTION OF THE CITY CDUNCiL OF THE CETY pF SANTA M4NICA ACCEPTiNG AND APPROVING A FINAL SUBDIVlSION MAP FOR PARCEL NO 24589 TO SUBDIVIDE PROPERTY AT 3301-3303 EXPOSITI~N BOULEVARD THE CITY COUNCIL 0~ THE CITY OF SANTA MONICA DQES RESOLVE AS FOL~OWS SECTCON 1 Tha# the ~~nal Map for Parcel No 24589 in #he City of Santa Monica hareby is accepted and a~proved SECTION 2 That the City Clerk hereby Es authorized and directed to endorse upon the faee of sard Map this order authenkicated by the Seal af the City of Santa Monica SECTION 3 That the City C1erk sha~l certify to the adoption of this Resolutior~, and thenceforth and thereafter the same shall be in full force and effect APPROVED AS TO FORM .c..~~,C.l.~f'`t-~l MARSHA JO S MOUTRIE City Attorney~ 3 ~dopted and appro~ed ti~is 22nd of 7u1~~ 1997 ; ~ ' ~`~` I~(/~ ~~~~f/V~ - PXun O~Connor. i~•lavor ~ I,14~~aria M Ste«art, Cfn- Clerk of the Cit~- of Santa ~Ionica. do herebt~ c~rt~fi~ that the foreQoing Resolution 9167(CCS) El•as du1~- adapted a# a meetxng of the Cit~~ Council held on the 22nd of JuI~-. 1997 bv the follo«zng ~~ote A~-es Councilmembers Feinstem, Genser, Mavor Pra 7em Holbrook, Ma~~or O'Connor, Rosenste;n I` oes Councilmembers None Absta~n Councilmembers None Absent Councilmembers Ebner, Green~erg ATTEST ~• Maria'VI Ste~-art. Crtv Clerk ATTAGHMENT B AGREFpMENT FOR COd~'lPLETIQN OF PUBLIC IMPROyEi~NTS REQUIRED FOR APPR4VAL OF Ti3E FINAL MAP FOR PARGCL M~4P No. 2q.~8q Pursuant to Government Code Section 66462, the City af Santa Moniea, a municipal corporation, hereinaf~er referred to as "CITY" and, Exposition Slvd. Partners, Ltd. , A Ca~ifornia ~tmited Partnership hereinafter referted to as "SUBDIVIDER", enter into the fallowing agraement. W~ T N E S S E T H '?~EAS, the Subdivider has applied for and received approval of a ~ative Map by Ci~y of ~hat praperty located in the Ci~y of Santa =ca leqa].ly described as follows : A Portion of Rancha San Vicente Y ___ta ~lonica, per Map recarded in BK 55, PP 13 ~ 50 af Miscellanequs Records and a~so shown in BK 3, PP 30 & 31 of parents, in the office of the Coun[y Recorder of Las Ange~es County. See Atiachment ~. Q~,~a. and Conuuoniy known as Parcel Map No. 24589t 33vr-33d3 ~X~asrT~QN,~; and WHEREAS, as a condition o~ approval of the Tentative Map certain public improv~ments were required to be ~oFnpleted as a condition of approval af the Final Map; and = WHEREAS, the 5ubdivider is willing to enter into an Aqreement with ` City to complete the required public improvements a~ the pnse of the Subdivider and is willing to post the improvement urxty required by Chapter 5(commencinq with Sec~ion 66499} of :ision 2, Tit~e 7 of the Governmen~ Code; NQw, THEREFORE, the parties hereto agr~e as follows: 1. C4NSIDERATION. In cansideration of the approval by the City of the Final Map for the property hereinabove described, the Subdivider agrees to instal3 and comp3ete to the satisfaction of the C~ty Engineer those public improvements which were required to be camp~eted by the Subdivider as a candi~ion of approval of the ~"inal Map and whlch remain uncompleted. The public improvements 1 ~hat the Subdivider agrees ta complete are set forth in Exh~b~t "A~' a~tached hereto and ~ade a part hereof. All such public improve~ent shall be compZeted at the expense o~ the subdivider. 2. IMPROVEMENT SECURITY. Stzbdivider aqrees ta furnish secuxity for the faithful performa~ce of the Agreement in the form cf a Subdivision Improvement Faithful Performance Bond in the amount of *** S~xty Thousand Dollars**** ($60, 000.40** ) and a 5ubdivisian Improvement Labor and Matezial Band in the amount of *** Tnirty Tt~ousand Dotlars*** (S3o,ooa.oo** ). The faithPul Ferformance Bond shall be in an amaunt af not less than 20d$ af the amount shown in Exhibit "A" and the Labor and Material Bond shall be in an amount of no~ ~ess than 50$ of the amount shown ~n Exhibit "A". 3. TIME OF CCIMPLETION. The 5ubdivider shall install and construct the improveu~ents set fox~h in Exhibat HA" and complete such work in accordance with the plan~ and speczfications approved by the C~.ty Engineer within two (2) years from the date of recordinq the Final Map. The time of ~ompletiari sha~I not be extended excep~ as au~horized in writzng by tha City Engineer. Failure of the Subdivider ~o complete the improvements within the time limit set forth in this Paragraph shall be a defauit under this Agr~ement, and, in such ~vent, City shall be enti~led tio proce~d imaaediately agains~ the Faithfu~ Performance Bond and Labor and Material Bond, in addition to such other and further remedies to which the City may be entitled by law. 4. INDEI~IlJIFICATION. The Subdivider aqrees to indentnify, hold hazmless and defend City, City Council, and each member thezeof, and every officer, agent and employee of the City, from any and al~ 3.iabzlity or finan~ia~ loss resultinq fram any suits, claims, losses or actions brought by any gerson or persons, and from all costs and expenses of I.itigat~an and of any of~icer, agent or employee of the City, by reason of injury to at~y person or persons~ including but not ~imited to officers, agents and empioyees of the Subd~v~der, or ~?TM?ge, destruction or 3.oss of property of any kind whatsaever and to whomsoever it may belong, including but not limited to the Subdivider, result~ng direct~y or indirectly from any ar aZl activit~es and opera'tions of ~he Subdivider or any person einployed by the Subdivider in the performance of thzs Agreement. 2 S. RECORDATION. This Aqreement shall be recorded wi~h the Las Anqeles County Recorder's affice. Upon the wr~tten request of the Subdivider, the City Enqineer may cause such Aqreement to be expunqed from the County Recorder's Otfice records provided ~hat the Subdivider's obligat~ons pursuant ~o this Agreement have been met to the satisfaction of the City Engineer. Executed this ~ay of ~"~C1~ , 199 ~in the City of Santa Manica. r CITY OF SANTA MONICA, A MUNICIPAL CORPORATIQN By: City Manager ATTEST By: City Clerk AP R~DVE~~,S TO CONTENT : ,` ' - ` ' -- -- -~-~ ~ tC~,~ __ - City E~inesr r ~ APPROVED AS ~.'Q~FORM : . ~ , ,` -~.- ~ t~ ~. ~~ ~~ ~i.~r,~C-t1--~ City Attornbey FOR THE SUHDIVIDER~ BY Expositi Bl~d. ssaciates, Inc., I~fo ia or ration General Partner) i By: ,L SuSdi'vider Mike Schu minsky, President By: Subdivider gTATg OF OIR~-pUI~A CODi~ITY F CABADIAN . ~ ~L`~ "~'-~ _ ~r~~~~ ----- NUTABY PUBLIC : SA~NDRA LiiD{~ICK r1Y COI~ISSIOi+i r:xrl~ES 11-16-98 * (Attach agpropriate notary acknowled9m~nts} R -r~ur~w~ 3 STATE OF OKLAHOMA COUIVTY OF CANADI,~N BEFORE ME, the unders~gned authanty, on th~5 day per5onally appeared Mike Schurninsky. knov~m to mc to be the person~s v~-hose namel~ ~s subscnbed to fihe forega~ng mstrume~t, and acknawlcdged to mc that he~she~thev executed the 5ame for tbe u5es, purpases and cons~derat~ons therein expressed Given under my hand and seal of affice this 22nd day of Agril, 1497. - - d~`~ --- - Saundr~ Ludwick, ;rJotary Publ~c My Cornm~sstion E~cp~res 1 ] -ib-9$ PM24459A XLS ` CITY OF SANTA MON~CA CITY ENGINEER'S CQST ESTIMATE - OFFSfTE IMPROVEMENTS Page 1 of 1 Pro#ect TEiVTATIVE PARCEL MAP 24589 S~te Adress 33D~-33D3 Expasat~an Blud EngEneer GARY SAFRONOFF Phone (310) 828-2249 Prepared Sy ANTOEVIO SNAIBANI User ~e~t Coniaci P~TE P~REZ Source ~~~LD CHECiUINSPECTION ~ate 7l22196, 8/6196 Item Descnption Unii Quantit Lin~t Pnce Item Total 1 Remove and replacelcansiruct s~dewalk SF--- - 2890 OD 55 00 $'E3,450 40 2 Remove and replace cutb and utter LF 430 00 $25 DO $10,750 00 3 Remove s~dewalk, cansi pk , landscape & ~mgate SF 2150 00 ~8 QD 5~7,2D0 00 4 - $Q 00 ~ $a oa s - $o ao ~ so ao $ $o 00 I 9 $0 OD ~ 0 S!} 00 Sub-Totai $41,406 OQ Design 15°!0 $6,290 00 Conimgencies 15~ ~6,210 OU Construct~on Mgt 10% 54,110 04 lnflation/Area Factors 5~0 $2,D70 00 M~scellaneaus 0 DO°~ $0 OD Sub-Toia! ~18,600 00 Grand Total : $fi0,~00 00 mrnents EXHtB~T "A" Agreement for Completion of Public Improvements Requrred for Approva~ of the Fina1 Map far Parcel Map No. 24589 ~qTTACHM~NT B : L.ega~ Description 3301-33a3 Expasition B[vd., 5ania Moni~a, CA THE TENTATIVE SUSDIVISION MAP HEREINBEFGRE REFERRED TO IS A SUBDIVISION OF LAND SITUATED IAT THE CO~TY OF LOS ANGELES, STATE OF CALIFORNIA AND ~S DESCRIBED AS FQLLOWS: THAT PQRTION OF THE RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF SANTA MONICA, IN TIiE CCUNTY Og yOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RSCORDED IN B~OK 55 PAGES 13 AND 50 OF MISCEI~I~AI~IEOUS REC~RDS AND ALSd SHOWN IN BOOK 3 PAGES 30 AND 31 OF PATENTS, IN TI3E OFFICE OF THE COUNTY RE~ORDER OF SAI~ CQUNTY DESCRIBED AS FOLLOWS: BEG~NNING AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF THE PARCEL OF LAND QESCRIBED IN THE DEED TO SOiJTHERN PACIFIC RAII.ROAD COMPANY RECORDED IN VOLUME 955 OF DEEDS PAGE 1~2, RECQRDS OF SAID COUNTY WITH THE NORTHWESTERLY PROLONGATICN OF THE SOUTHWESTERLY LINE OF DORCHESTER AVENLJE, 60 FEET WIDE, AS SHOWN ~N MAP OF TRACT N0. '7993 RECCRDED IN BOOK 98 PAGES 89 TO 91 INCLUSZVE OF MAPS, R~CORDS CF SAID COUNTY; THENCE ALONG THE EASTERLY LINE ~F THE PARCEL OF LAND DESCRIBED IN THE INDENTURE DATED SEPTEMBER 19, 1941 RECORDED IN BOOR 18890 PAGE 141, OFFICIAL RECORDS NORTH 13° 55~ WEST 300 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT 50 FEET SO[TTHERLY AT RIGHT ANGLES FROM THE CENTER LINE QF THE SOUTHERN PACIFIC RAILROAD COMPANY~S MAIN TRACT; TF3ENCE NQRTH 75° 05' EAST ALONG SAID PARAT•T•~• LINE, 7Z6 FEET; THENCE S~UTH 13° 55~ EAST 304 FEET T~ A POINT IN TI3E SOUTHERLY LINE OF THE PARCEL OF LANQ DESCRIBED IN SAID DEED RECORDED ZN VOLUME 955 OF DEEDS PAG~ 142; THENCE AIANG SAID SOUTHERLY LINE SOUTH 76° 05• WEST 726 FEET TO THE POINT OF BEGINNING. ~