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SR-6-G (58)~e~'0#93~/ ccs /„~ Ceyclrac~~' 7398 c~s tI! oCt 2 71~ PCD SF KG DM RES ~planlsharelcouncil\strpt1fm52412 wpd Council Mtg October 27, 1998 Santa Monica, California TO Mayor and City Council FROM City Staff SUBJECT Recommendation to Authorize City Manager to Negotiate and Execute a Subdivision Improvement Agreement, and Adopt a Resolution Approving Final Tract Map No 52412 for a Five-Unit Condominium Pro~ect at 844 17th Street INTRODUCTION This report transmits for City Counal approval a Subdivision Improvement Agreement and Final Tract Map for the following condominium pro~ect The Tentative Map was approved by the Planning Commission on March 4, 1998 TRACT MAP ADDRESS SUBDIVIDER UNITS 52412 844 Seventeenth Street Gerald J Maral 5 BACKGROUND After public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Vesting Tentative Map for the above pro~ect on March 4, 1998 The action of the Planning Commission was based on its findings that the pro- posed subdivision will have no signdicant environmental impact and is in conformance with all State and local laws and regulations and applicable General Plan Elements. The Final Map conforms to the Tentative Map The License Division reports that the developer has agreed to pay the condommium tax The pro~ect has been approved by ihe , ~JC ~ OCT 2 71~8 Los Angeles County Engineer's office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdiwsion Map Act and local ordinances The City Attorney's office has approved the covenanis, conditions and restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws The applicant has signed the Subdivision ImprovementAgreement, stating their agreement with the Cityto complete the required public improvements atthe expense ofthe applicant The agreement has been approved as to content by the City Eng~neer and as to form by the City Attorney BUDGET/FISCAL IMPACT The recommendation presented in this report does not have a budget or fiscal impact RECOMMENDATION It is recommended that the City Council direct the City Managerto execute the Subdivision Improvement Agreement and that the Final Map be approved by adoption of the accompanying resolution Prepared by Suzanne Frick, Director of Planning & Community Development Karen Ginsberg, Planning Manager David Martin, Senior Planner Gina Szilak, Assistant Planner Attachments A Resolution ~9~3/ CCS B Subdivision Improvement Agreement -L'bdl~'~~#~3g8CC`s z ATTACHMENT A 03 (J~PC~ C47?~YGfG~ #~398 CC~ RESaLUTION NO 9331 (CCS) (Cdy Councd Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 52412 TO SUBDIVIDE A PROPERTY AT 844 SEVENTEENTH STREET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 That the Final Map for Parcel No 52412 m the City of Santa Monica hereby is accepted and approved SECTION 2 That the City Manager is authonzed to negotiate and execute a Subdivision ImprovementAgreementfora 5-urntcondominium at 844 Seventeenth Street SECTION 3 That the C~ty Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenticated by the 5eal of the City of Santa Monica SECTION 4 That the City Clerk shail cert~fy to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect APPROVED AS TO FORM ~~ , ~! ' ~T?~- MARSHA J S MOUTRIE City Attorney .. .. _ U . Adopted and approved this 27th of October. 1998 ~ ~~~ RobeR Holbrook. Mayor I, Mana M Stewart, City Clerk of the City of Santa Monica. do hereby certify that the foregoing Resolution 9331 (CC5) was duly adopted at a meeting of the Santa Monica City Council held on the 27th of October, 1998 by the following vote Ayes Councdmembers Feinstein, Genser, Holbrook, O'Connor, Rosenstein Noes Councdmembers None Abstain Counalmembers None Absent Councilmembers Ebner ATTEST ~_~~.~ ~..~.~ Maria M Stewart, City`Clerk ATTACNMENT B ~ - 05 ~ C'n2~ror~73~k~FCS (~e. ~~ ~'33~ c~s~ AGREEMENT FOR COMPLETION DF PUBLIC IMPROVEMENTS REQUIRED FOR APPROVAL OF THE FINAL MAP FOR T~~4Gr u~o , Sz4 iz Fursuar.c ~o Goverr*ner.t Code Sect~o: E64o2, tae City oi Santa t:o:~ca, ~~u^iciDai coraorat=cr, ner2_na`ter re:er~ed to as "CITY" and, ~E,Q,q L D ~./ M.a,pc; [_ h2re_nafter r2ferr2d to as "SU3DIVIDER", er.ter ~ato thfl =o~io~~ing agreement. LS I T N~ S S E T H W3EREFLS, the Subd~vider has applied tor ar.d received approval of a Tentative Map by City of tha~ property located ~r, the City of Santa ~for.ica legally described as follows: LbT I~~ /~ BLo~,~ /O oF /"~u~~/ oF S'q~vT~4 Mo,t//Cf} NJ.Q 39 ~¢S S/ A~lo ~K 3 PG S fJO ~8/ ?~ S'T and cor:uaonfy known as 844- ~7 ~~T ; and P7HEREAS, as a c~nd•_t_on of aonrcval of the Tentacive Map certai: public improver:.en~s were reauired to be comaleted as a condition of approval of the Final Map; and v7HEREAS, the Subdiv~der ~s willing to enter iato an Agreement wi*_h the City to cor.:oiete the requ~red publ,c improvemenLS ac ~he expense of ~he Subdivider and is willing to post tne improver..ent secur~ty required by ChapLer 5(cor~nencing with 52ction 60999) of Div_sicn 2, Title 7 oi tne Government Code; NOW, THEREFORE, the part~es hereco agree as follows: 1. CONSIDERATIOV. In consideration of the approval by the City of the Fir.al Man for the property hereirabove described, tne Subdiv~der agrees to install and complete to the sat~sfact~on of the City Engineer tnose pui~lic improvements which we~e requ~red to be completed by the Subdivider as a condition of a~proval of tne Final Map ar.d which remain uncompleted. The pubiic improvements "' ~ U6 :~:at t^e Snbd,vzder agrees to cor,plete are se~ fo_th ~a Ex:~ib~~ ^r" ~~~ached hereto and mac= a par*_ hereo'. .'vl_ scc~: osb_~c :r~roremeac sna11 pe conp-_2ted a~ ~r_e exp2nse of tne sucdic~ce_. 2. Ih'PROV~MEA~ SECURITY. Snbd_v~der agrees to tarnisn security fer the ~aithful performance oi ~he Agreement ln ~._ ferm cf a Sli~civ~sion ~moicve~ent Fa~~hf~l Pzr~o-~arce Bcad ;r ~.._ a~eunt cf TE/V 7~loc.s'A,clD 7~~2EE ~(l~W,Q~D Do[1 A,Q s ,S ~~ 3Gk~~00 ~ ar.d a Snbd~v~sion Irorove:cer~ Labor ar.d b?a~er~a_ Bond 1n the amount eT f'~ vE T,yov~,1 ~cJ~ o•~F t}v.v~.2~1~ g~'~ ~iFrr 1~o/~t/~, s ( S S'/SO. OG~ J ^;e faithful Performar.ce Bor.d shall be in ar. amount of not less t:~an :OC~ of tne amounc snown in Exnibit "A" and the L'abor ar.d Material Bond shal' be _n an amoun*_ o~ not less thar. ~0~ of the anount showr, in Exiribir "A". 3. TIM~ CF COMPLETION. T^e Subdivider snall irstall and constrsct ~,`:e imprcver~ents s2t forth ~n Exhibi~ "A" and complet2 such ~aork in accorcar.ce with the p~ar:s and soecifications aoproved by the City E:g~aeer w!t;:in two (2) years from the date of recording ~he Final '~`aa. The time oi cos:ple*_?er. shall not be extended except as autho=ized ~n wr~ting by the City Engineer. Failure c~ the SL~div!der ~e :.cmplete the improve:r,ents within the ~iM2 limit se* fo::~ _r. Lh~s Paragrapk: shall be a default uader this Agree:nert, ar.d, in such event, Ci*y shall be ent~tled to proceed ~mmediately agains*_ the Fai*_aful Perfo:nance Bond and Labor and Ha:er~al Bond, _~ addition to such other and further remedies to w??icn the Ci~y ~ay be ent_t_ed by law. 9. INDEMNIrSCATION. Tne Subdivid2r agrees to ~ndemn~fy, ho_d ra:rless and deEend City, City Council, and each me~ioer thereof, ar.d every of'icer, agent aad employee oi the City, from any and a'_1 ~ia~~lity or financial loss resulting ~rom any sui~s, cla~ns, -_osses or actions brought by any person or perso~s, ard frcm ail ~osts and expenses of l~tigation and of any off~cer, ager.t or e:-iployee of the Crty, by re~son of in7ury to any person or persons, ir.c_ud~ng but no*_ limited to o~ficers, agents and eT~oloyees of the Subaivider, cr damage, destruction or loss of property cf any ;cir.d w:,a~soever and to whomsoever ~t may beiong, including but rcL l~nited to the Subdiv~der, resulting directly o: ir.directly ~rom aay or all activities and operations of the Subdivider or any person emoloyed by the Subdivider in the oerforr.:ance of th~s ~.g~eement. `" - 07 5. REC~RDATION. This ~gre=nen~ shail b2 record2d w~*_^: t~,e ~os P,r.geles Cou.ty F.ecorder's ^v~=:c~. Jpon ~ha wr~tten req~est of the Subdiv~der, the C~ty Eng~~eer may cause such Agreerznt *o be expu_^.ged from the County Recorder's Off_ce recerds provided that the S~bd~vider's obligat~ons p~rsuan~ to ~his Agree~ent rave beer. ret to the satisfact~on o~ the Ci~y Er.gineer. Execcted tnis y,~ day of ~.~~~t,./~ , i99Q-zn the City o~ Santa ~Ior.ica. _ ~ - CITY Oc 5?VTA MOPJICR, A ;:UNICIPAL COR°O_RATION 3y: City ?~far.ager ATTEST Hy: C~ty Clerk APPROVED AS TO CONTENT: ~~Q ~y City Er,gineer APPROVED AS TO FORM: City Attorney FOR THE SUBDIVIDER* %~ V~ ~ ,i~~r~( % Y~^-c BY. 6'EQac..,~ J~. .t~.~R~rL. S~,:nd~vider By: Subdivider * (Attach appropriate notary acknowledgments) ~f ITEMPUITE~WPFORMS+AOCPIR/1FMTPAMJ 3 .~ _ ~3 {.4AL~ ~.~=t~~ State of ~- ~- ~{~ G2~.~ County of r~V ~ ' l r~.. r,/ ~ ~ On ~ i<,ct" ~.~ i~Y~ L beforeme, ' -~1~ <,. ~,E?Pse ~%%2/e~~~:~ , ~ Ca[e ~ personally appeared Name antl i itle of Cflicer ie g Jane Dce Nctary PuOhc'i ~~ R~~~' --~ ~f=,~c L . Nameis~ ci Signe~~sj ~ personally known to me = proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they "~ ~ -~ ~ + .. ~ .. ~ ^ , •. Gonrne Irene B ~ executed the same in his/hedthe~r author¢ed capaary(ies). d th t b h /h h t th t th d urlescn ~+' Comm # ~ a y is eir signa ure(s) on e instrumen an e t e 1080488 r ~ : NOTqqy pUBLIC - ~ person(s), or the entity upon behalf of which the person(s) LOS AIYC~EiES COUN~Yn ~~ Comm Exp pgp 11 ~ acted, executed the instrument `` . . 7999 ``' ~-~-1 WITNES~my hand and offic~al seal ' ; : / ~~'s:~G '`~_GL~ .~ ~~`~~ ~_ `~. SgnaWre ot Notary P~blc OPTIONAt Though fhe iniormat~on helow is not reqmred by law, ~t may prove valuable to persons ety~ng on fhe document and could prevenf irzudulent removal and reattachment o~ M~s form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name = Indmdual - Corporate Off~cer Ttle(s1 = Partner - ~ Limited G General ~ Attorney-in-Fact ~ Trustee ~ Guardian or Conservator . ~ ~Ih@f 'oc of n~,-c r~=re Signeris Representing Signer's Name - Indroidual J Corporate Officer Title(s) - Partner - C Limded = General ~ Attomey~n-Fact C Trustee C Guardian or Conservator ~~ r Other ~ ~'~~ ~ r~~° Signerls Representing ~bt9364aM1OralYOteryASmaat-an•C236RerrnetAVe PO Bor:189•Caroga~eM CA913091184 ProE No 59C) 9eoner CalTOll-F~ee1BO"v9'6602] ~, s Tm-52412 Page 1 of 1 CITY OF SANTA MONICA CITY ENGINEER'S COST ESTIMATE - OFFSITE IMPROVEMENTS Pro~ed TRACT MAP 52412 ~Prepared By ANTONIO SHAIBANI Site Adress 844 17th STREET ~User Dept Contact PETE PEREZ Engmeer HARVEY GOODMAN Source FIELD CHECK/INSPECTION S~9 Phone (310)~1037 Date NOVEMBER 13, 1997 liem Descnption Umt Quantdy Und Pnce Item Total 1 Reconstruct alley in concrete SF 1000 00 $7 00 57,000 00 2 $0 00 3 $0 00 5 $0 00 6 SO 00 7 SO 00 8 50 00 9 SO 00 10 SO 00 Sub-Total $7,D00 00 Design 15 % 81,050 00 Contmgencies 15% 51,050 OD Construction Mgt 10% 5700 00 Inflation/Area Factors 5% $350 00 Miscellaneous 2 14% $150 OU Sub-Total $3,300 00 Grand Total: $10,300 00 Comments ` ~~