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SR-12-17-1996-6I "1 PCD SF DM SHK f \plan\share\councJJ\strpt\fm51987 DEe 1 7 fl98 Council Mtg December 17, 1996 Santa MOnica, CalifornIa TO Mayor and City Council FROM City Staff SUBJECT. Recommendation to Approve SubdivIsIon Improvement Agreement and Adopt Resolution Approving Final Tract Map No 51987, for a five-unit condominium project at 718 Lincoln Boulevard INTRODUCTION ThiS report transmits for City Council approval a SubdivIsion Improvement Agreement and FlnalTract Map for the follOWing condominium project The Tentative Map was approved by the Planning CommiSSion on Apnl 5, 1995 TRACT MAP ADDRESS DEVELOPER UNITS 51987 718 Lincoln Blvd North of Montana 5 Partners BACKGROUND After public heanng and careful review of the record and staff recommendatIons, the Planning Commission approved the Tentative Map for the above project on Apnl 5, 1995 The action of the Planning Commission was based on ItS fmdlngs that the proposed subdiVISion WIll have no SignIficant 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 condominium tax The project has been approved by the 1 hI DEe t 7 1998 . Los Angeles County Engineer's office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the SubdivIsion Map Act and local ordinances The City Attorney's office has approved the covenants, conditions and restnctlons for the Final Map as complYing wIth the conditions of the Tentative Map and applicable laws The applicant has signed the SubdivIsion Improvement Agreement, stating their agreement With the City to complete the reqUired publiC Improvements at the expense of the applicant The agreement has been approved as to content by the City Engineer 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 respectfully recommended that the City Council approve the SubdivIsion Improvement Agreement and that the Final Map be approved by adoption of the accompanYing resolution Prepared by Suzanne Frick, Director of PCD David Martin, Acting Senior Planner Susan Healy Keene, AssocIate Planner Planning and Zomng DIVISion Planning and Community Development Department 2 Attachments A ResolutIon B SubdivIsion Improvement Agreement 3 AITACHMENT A RESOLUTION NO 9109 (CCS) (City Council Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51987 FOR A PROJECT AT 718 LINCOLN BOULEVARD THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 That the Final Map for Tract No 51987 In the CIty of Santa MOnica hereby IS accepted and approved_ SECTION 2 That the City Clerk hereby IS authOrized and directed to endorse upon the face of said Map this order authenticated by the Seal of the CIty of Santa Monica SECTION 3 That the City Clerk shall certify to the adoption of thIs Resolution, and thenceforth and thereafter the same shall be an full force and effect APPROVED AS TO FORM ~~ MARSHA JofJES MO'UTRIE City Attorney f \p la n\share \councll\strpt\fm 51987 Adopted and approved thIS 17th of December, 1996 l ~O~ . / Mayor I hereby certIfy that the foregomg Resolution 91 09(CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 17th of December. 1996 by the followmg vote Aves Councllmembers Ebner. Femstem. Genser, Greenberg, Holbrook. O'Connor. RosenstelU :-.Joes CouncIlmembers :None Abstam Counctlmembers ~one Absent Councllmembers Kone ATTEST ~~ '--'L .i~ ( City Clerk " - . n_ O : ~ AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR APPROVAL OF THE FINAL HAP FOR \R.6.e..,-- 5, \ 9 ~""7 Pursuant to Government Code Section 66462, the city of Santa Mon~ca, a municipal corporation, hereinafter referred to as "CITY" and, ~_. --- --- AJO.2lH 19~ M {) f'rrA--tJ tj Y~T~ here~nafter referred to as "SUBDIVIDER", enter into the following agreement. WIT N E SSE T H ---------- WHEREAS, the Subdivider has applied for and received approval of a Tentative Map by City of that property located in the City of Santa Monica ,legally described as follows: --;7lAq- ~) 9 t7 and commonly known as 7/& .LI/'I ctJuJ ISL-V]) ; and WHEREAS, as a condition of approval of the Tentat~ve Map certain publ~c ~mprovements were required to be completed as a condition of approval of the Final Map; and WHEREAS, the Subdivider is willing to enter into an Agreement with the City to complete the required public improvements at the expense of the Subdivider and is willing to post the improvement security required by Chapter 5 (commencing with Section 66499) of D~vi5ion 2, Title 7 of the Government Code; . NOW, THEREFORE, the parties hereto agree as follows: 1- CONSIDERATION. In consideration of the approval by the City of the Final Map for the property hereinabove described, the Subd~vider agrees to install and complete to the satisfaction of the city Engineer those public improvements which were required to be completed by the Subdivider as a cond~tion of approval of the Final Map and which rema~n uncompleted. The public improvements 1 - - ----- , . that the Subdivider agrees to complete are set forth in Exhibit ~A" attached hereto and made a part hereof. All such public improvement shall be completed at the expense of the subdivider. 2. IMPROVEMENT SECURITY. Subdivider aqrees to furnish security for the faithfuf performance of the Agreement in the form of a Subdivision Improvement Faithful Performance Bond in the amount of F~-rc'"$J -Ilfo-u.!~ -/HRc-e ).fuNDt<s~ ($,_,/~ ~~-) and a Subdivision Improvement Labor and Material Bond n the amount of . s.~ ~tt-Np ONE-HU"NfJ4"i> ~J) RJ7l~ ($ 1., /So,-) . The faithful Performance Bond shall be in an amount of not less than 100% of the amount shown in Exhibit ~A" and the Labor and Material Bond shall be in an amount of not less than 50% of the amount shown in Exhibit "A". 3. TIME OF CCMPLETION. The Subdivider shall install and construct the ~mprovement5 set forth in Exhibit ~A" and complete such work in accordance with the plans and specifications approved by the City Engineer within two (2) years from the date of recording the Final Map. The time of completion shall not be extended except as authorized in writing by the City Engineer. Failure of the Subdivider to complete the improvements within the time limit set forth in this Paragraph shall be a default under this Agreement, and, in such event, City shall be entitled to proceed immediately against the Faithful 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. INDEMNIFICATION. The Subdivider agrees to indemnify, hold harmless and defend City, City Council, and each member thereof, and every officer, agent and employee of the City, from any and all liab~lity or financial loss resultinq from any suits, claims, losses or actions brought by any person or persons, and from all costs and expenses of litigation and 0 f any officer, agent or employee of the City, by reason of injury to any person or persons, lncludinq but not limited to officers, agents and employees of the Subdlvider, or damage, destruction or loss of property of any kind whatsoever and to whomsoever it may belong, including but not limited to the Subdivider, resulting directly or indirectly from any or all activities and operations of the Subdivider or any person employed by the Subdivider in the performance of this Agreement. 2 ~ . . , 5. RECORDATION. This Agreement shall be recorded with the Los Angeles County Recorder's Office. Upon the written request of the Subdiv~der, the City Engineer may cause such Agreement to be expunged from the County Recorder's Office records prov~ded that the Subdivider's obligations pursuant to this Agreement have been met to the satisfaction of the City Engineer. Executed this b day of 9:f1~, 1999 in the City of Santa Monica. CITY OF SANTA MONICA, FOR THE SUBDIVIDER* - A MUNICIPAL CORPORATION ~-~ ~-- By: By: ~~., --- CJ.ty Manager ~~ ATTEST By: ~~~ City Clerk Subdi vl.deF APPROVED AS TO CONTENT: { e.~~:.., - - _C1!iY'W APPRO FORM: h. Ld ~'L Jv.....~ Clty Attorejy- -Y- . '* {Attach appropriate notary acknowledgments) rr HEMPLA TE\WPFORMS\AOCPIRAFMlPAMj 3 , . - TM-51987 XLS Page 1 of 1 CITY OF SANTA MONICA CITY ENGINEER'S COST ESTIMATE - OFFSITE IMPROVEMENTS ProJect TRACT MAP 51987 Prepared By ANTONIO SHAIBANI Site Adress 718 LINCOLN BLVD User Dept Contact PETE PEREZ En~meer HARVEY GOODMAN Source FIELD CHECK/INSPECTION Phone (310) 829-1037 Date (JANUARY 27,1995) ReVised June 6, 1996 Item Descnptlon Unrt Quantity Unit Pnce Item Total 1 Remove and replace sidewalk SF 250 00 $5.00 $1,25000 2 Remove and replace curb and gutter LF 50.00 $25.00 $1,250 00 3 Remove carnage walk SF 6000 $333 $200 00 4 Reconstruct alley In concrete SF 1000 00 $700 $7,000 00 5 $000 6 $0.00 7 $000 8 $000 9 $000 10 $0 00 Sub-Total $9,70000 DeSIgn 15% $1,45500 Contingencies 15% $1,45500 ConstructIOn Mgt 10% $970 00 Inflation/Area Factors 5% $485 00 Miscellaneous 242% $235 00 Sub-Total $4,600 00 Grand Total: $14,30000 Comments EXHIBIT "A" . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT :\Ie 59-:::..0:- . State of cdJr County of 4 ~ks On 9-D~ - "9b before me, l€~h ~j,,#;;/ , DATt" N"ME TITLE OF OF"ICE<l - E G "JANE DOE NOTARY PUBLIC- personally appeared Gm../ h-oN('N ~1J Rl c:1v9~!1 OA/Yle/ I/~~~A --. NA"'EIS~ OF SIGNER,S, I' personally known to me - OR -1:$ proved to me on the basIs of satisfactory eVidence to be the person(s) whose name{s) Is/are subscribed to the wlthm Instrument and ac- knowledged to me that he/she/they executed the same In hIs/her/their authonzed ...___......_____...Il1o..-......................... -* ______.......---A. capacltY(les) . and that by his/her/their J@ --- I c ~ COMM .~-~~!-~ srgnature(s) on the Instrument the person(s), Z . -.. Notary P\bIc - CaIIbrCI I or the entity upon behalf of which the Z ..._ , lOSANGElSCOlJN1Y ... [ ~ : ~ ~~~~~~ I~.I~ J person(s) acted, executed the Instrument WITNES_b a:e::.:i SIGNATURE OF NOTARV OPTIONAL Though the data below IS not required by law. It may prove valuable to persons relYing on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT =:J INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE'S' =:J PARTNER(S) D LIMITED o GENERAL r--- ---' ATTORNEY-IN-FACT NUMBER OF PAGES :..-J TRUSTEE(Si ~ GUARDIAN/CONSERVATOR C OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME 0" PERSONISl OR ENTIT't'i,ESI SIGNER(S) OTHER THAN NAMED ABOVE Cl;J1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave POBox 7184. Carloga Pan< CA 91309-7184