CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
Placement: Consent
Meeting Date: November 10, 2025
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Megan Martin, Community Development Director
SUBJECT: Request for Approval of Final Subdivision Map for Tract 3209 (738 Rockaway Avenue)
RECOMMENDATION
Approve the Final Subdivision Map for Tract 3209 (738 Rockaway Avenue); authorize the City Clerk to sign and record the map; and direct the City Manager to enter into a Subdivision Improvement Agreement with the owner (Grover Beach Holdings, LLC).
BACKGROUND
On March 7, 2023, the Planning Commission approved a Tentative Subdivision Map for Development Application 22-41, a residential project that includes six detached multi-unit units located at 738 Rockaway Avenue in the High Density Residential (R3) Zone. The approval included requirements to complete frontage improvements along Rockaway Avenue in accordance with the approved public improvement plans, including construction of frontage improvements, sewer service, and water services. Recordation of the Final Map and sureties backed by the developer are required to construct the residential units proposed in the subdivision.
Consistent with Development Code Section 8.30.010.Q, the Council must approve a Final Map if it conforms with the approved Vesting Tentative Subdivision Map and the California Subdivision Map Act. The applicant has submitted a Final Subdivision Map for Tract Map 3230 for Council action and final acceptance. Staff has reviewed the submittal and found it to be complete and accurate. Additionally, as part of the review process, staff has reviewed the Covenants, Conditions, and Restrictions (CC&Rs), and deed notifications restricting use of fractional density units for short term rental purposes, consistent with project approvals.
The Final Map includes reciprocal access easements for public utilities, parking, and private access and a shared access and maintenance agreement will be recorded concurrently with the map. The proposed new onsite drive lane within the development is private and will be maintained by the homeowners.
Staff Report: Approval of Final Subdivision Map for Tract 3209 Page 2 November 10, 2025
Multi-Year Goals
☐ Public Safety and Community Services ☒ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water & Wastewater Infrastructure ☐ Community Engagement On March 7, 2023, the Planning Commission adopted Resolution No. 23-05 for Vesting Tentative Map 3209 requiring certain “Conditions of Approval” prior to recordation of a Final Subdivision Map. Because the subdivision Conditions of Approval require public improvements that have not been completed, including the construction of infrastructure that will serve the development, the applicant is required by both the Development Code and the California Subdivision Map Act to enter into a Subdivision Improvement Agreement consistent with California Government Code § 66462(a), which the subdivider is required to complete at its expense.
The applicant has provided a performance bond agreement that covers the cost of constructing the improvements in the event that the applicant does not complete the subdivision improvements.
The estimated cost to complete the public improvements is approximately $46,100 based on an engineer’s cost estimate at prevailing wages.
FISCAL IMPACT
There are no funding impacts to this staff report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve the Final Subdivision Map Tract 3209 (738 Rockaway Avenue); authorize the City Clerk to sign and record the map; and direct the City Manager to enter into a Subdivision Improvement Agreement with the owner (Grover Beach Holdings, LLC);or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Resolution
2. Subdivision Improvement Agreement
Attachment 1
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA APPROVING FINAL TRACT MAP NO. 3209 AND AUTHORIZING
THE CITY CLERK TO RECORD THE FINAL TRACT MAP
WHEREAS, an application has been received from Grover Beach Holdings, LLC (“Applicant”) for recordation of a Final Map No. 3209, for six detached multi-unit residential units located at 738 Rockaway Avenue (APN 060-226-017) in the High Density Residential (R3) Zone; and
WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to as the Planning Commission adopted a Class 32 Exemption on March 7th, 2023, and approval of a final map is a ministerial approval which does not require additional CEQA analysis; and, WHEREAS, The Planning Commission of the City of Grover Beach, at a duly noticed Public Hearing held on March 7, 2023, approved Development Application 22-41, a development permit and vesting tentative subdivision map; and,
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Grover Beach hereby finds, determines, and declares the following with respect to Final Tract Map 3209.
Section 1. Findings of Final Map Approval. The City Council finds as follows in accordance with the Grover Beach Municipal Code Article IX (Development Code) Chapter 8 and the California Subdivision Map Act:
1. The Final Map is consistent with §66443 of the California Government Code and Section
8.50 of the Grover Beach Development Code.
Fact. The City Surveyor and the City Engineer have reviewed the final map and all associated documentation and determined that the Final Map meets both State of California and City Development Code requirements.
2. The Final Map meets all required conditions of approval to record a final map.
Fact. With the execution of the Subdivision Improvement Agreement, the Final Map meets all required conditions of approval to record a final map. The Final Map contains all required easements and a Common Driveway, Storm Drain System and Utility Pipeline Maintenance Agreement shall be recorded concurrently with the map.
3. Since the public improvements have not been completed prior to the acceptance of the Final Map, an improvement agreement between the subdivider and City will be entered into concurrent with recordation of Final Map consistent with §66462 of the California Government Code and Section 8.90.100 through 8.90.170 of the Grover Beach Development Code.
Fact. The Applicant has signed a Subdivision Improvement Agreement that has been reviewed by city staff. With approval of the final map, the City Council will authorize the Resolution No. 25-__ Page 2
City Manager to enter into this agreement for consistency with the California Subdivision Map Act and Development Code.
Section 2. Final Map Approval. The City Council of the City of Grover Beach, on November 10th 2025, resolves to approve Final Map 3209 as shown in Exhibit A, directs the City Clerk to sign the map for recordation along with all accompanying documents, and authorizes the City Manager to enter into a Subdivision Improvement Agreement with the Applicant.
On motion by Council Member __________, seconded by Council Member ________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 10th day of November 2025.
KASSI DEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Exhibit A
RECORDING REQUESTED BY:
City of Grover Beach
WHEN RECORDED MAIL TO:
City Clerk
City of Grover Beach
154 S. Eighth Street
Grover Beach, CA. 93433
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
____________________, ) INSTALLATION AND CONSTRUCTION
) OF SUBDIVISION IMPROVEMENTS
City of Grover Beach )
County of San Luis Obispo )
State of California )
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT 3209
THIS AGREEMENT is made this ______ day of _____________________ 2025, by and between the City of Grover Beach, a Municipal Corporation, hereinafter referred to as "City," and Grover Beach Holdings, LLC, located at 738 Rockaway Avenue, Grover Beach California, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, situated in the City of Grover Beach, County of San Luis Obispo, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:
LOT 4 AND THE EASTERLY 1/2 OF LOT 5, IN BLOCK 107 IN THE TOWN OF GROVER, IN THE CITY
OF GROVER BEACH, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF SAID TOWN DRAWN BY A. LUNDQUIST AND RECORDED NOVEMBER 23, 1892 IN THE BOOK A OF MAPS, PAGE 6, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways, public improvements, public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets, highways, public improvements, public places and easements delineated and shown on the Final Map, shall be improved by the construction and the installation of the improvements as hereinafter specified.
C. The City Municipal Code of Grover Beach requires Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Resolution No. 23-05 for Vesting Tentative Map 3209 dated March 7, 2023 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.
Attachment 2
D. Subdivider desires to construct the improvements and develop the Subject Property.
E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public improvements, public places, easements and facilities as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Vesting Tentative Map, it is mutually agreed and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree as follows:
1) The Subject Property is subject to the following:
a) Time for Performance. The work and improvements required by the Conditions of Approval, Public Work Improvements, shall be performed on or before one year of the effective date of this Agreement.
However, the Subdivider shall automatically receive one extension of six (6) months to complete the installation of the improvements specified in this Agreement providing the Subdivider complies with all the conditions as follows:
i) At least a minimum of thirty (30) days prior to the expiration of said twelve months, the City Engineer receives a written request from the Subdivider for the six (6) months extension. ii) The Subdivider deposits two additional surety bonds with the City of Grover Beach to cover inflation on the uncompleted items: one for performance of the uncompleted Improvements and one to insure payment for the additional cost of labor and materials. Each of said surety bonds shall be the amount of five (5) percent of the sum of the costs of all uncompleted items from the list as shown in the Public Works Inspector’s Punch List as of the date of extension as certified by the City Engineer. The surety bonds shall be supplied to the City Engineer within ten (10) days from the date on the written transmittal from the City Engineer to the Developer of the additional surety bond amounts. The additional surety bonds to be approved by the City Engineer and City Attorney as to sufficiency and to form. iii) If said Improvements are not made to the satisfaction of the City Engineer of the City of Grover Beach within twelve (12) months of the date of this Agreement, or within eighteen (18) months of the date of this Agreement if the conditions for the six (6) months extension have been complied with, the City of Grover Beach may exercise its right to proceed against the bonds or the Parties herein may mutually agree to enter into an amended subdivision agreement wherein Subdivider shall be responsible for issuing new bonds consistent with the bonding requirements of this Agreement. Said bonds shall be subject to approval by the City Attorney. 2) Scope of General Improvements.
a) Incorporation of Improvements. The work and improvements, including those depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter collectively referred to as “Improvements”), are incorporated by reference and made a part of this Agreement. Improvements shall be done in accordance with the construction standards contained in the most current edition of the City of Grover Beach Standards and Specifications, Approved Public Improvement Plans, and any amendments thereto, at the sole cost and expense of Subdivider including all costs of engineering, inspection and testing. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
b) Fire Department Requirements. Issuance of building permits for any structure within the Subdivision shall conform to the requirements of the current edition of the California Fire Code (CFC) as adopted within the City of Grover Beach Municipal Code as may be amended. Subdivider’s attention is particularly called to Part 9 of Title 24 of the California Code of Regulations, as may be amended, relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and firefighting water supply requirements have been met. No occupancy shall be allowed or occur until all Fire Department requirements for occupancy have been met. Authorization by City for occupancy of dwellings located within the Subject Property shall not be construed in any manner to constitute an acceptance and approval of any Improvements required by this Agreement or the Final Map.
3) Scope of Specific Improvements. The required Improvements include all work shown on the approved improvement plans. Subdivider shall perform and construct all work shown on the approved improvement plans for the Final Map and any amendments thereto as depicted and included within Exhibit “B”, unless explicitly and specifically omitted by this Agreement. This requirement incorporates all work necessary for the required improvements to comply with the City of Grover Beach Standards and Specifications or any standards or policies which may be adopted by Council prior to their acceptance of the required public improvements.
4) Reserved for future use.
5) Estimate Reimbursements for Certain Improvements.
Security. Prior to the approval by the Grover Beach City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney. The requirement of a specific amount for improvement security shall not be construed to be a limitation of liability on the part of the Subdivider under this Agreement. Said amount(s) are estimates only of the cost of construction of said improvements.
a) Performance Security. The total amount shall equal 100% of the final Cost Estimate, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Grover Beach as obligee, or a certificate of deposit made payable only to the City of Grover Beach, or cash. With the written authorization of the City, the Performance Security may be released in whole or in part in the following manner:
i) Performance Security, not in excess of 90% of the estimated costs of the individual items of public improvements, may be released, or the required amount of security may be reduced, as work is satisfactorily completed and tentatively accepted by the City. ii) Performance Security will be released in its entirety subject to the City’s recording of the Notice of Completion for the Subdivision public improvements, and the Subdivider’s provision of a Warranty Security to the City in accordance with provision 8) below. b) Payment (Labor and Material) Security. The total amount of the Payment Security shall equal 100% of the estimated costs of the individual items of public improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Grover Beach as obligee, or a certificate of deposit made payable only to the City of Grover Beach, or cash. Thirty-five (35) days after the City’s recording of the Notice of Completion for the Subdivision public improvements, the Payment Security may be released provided that no claims have been filed.
c) Other Improvement Security. Any and all other improvement security as required by Ordinance of the Grover Beach Municipal Code as may be amended.
6) Damage Prior to Final Acceptance. Any damage to the work and improvements constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work. 7) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City. 8) Warranty Security. To ensure Subdivider complies with its obligations set forth herein, on acceptance of the required work by the City Engineer, warranty security shall be furnished to, or existing securities retained by, City in the minimum amount identified in Exhibit “A.” The warranty security shall serve as a guarantee and warranty of the work for a period of one year following acceptance against any defective work, labor or materials. Said warranty security shall be in the form of a bond, cash or certificate of deposit made payable only to the City of Grover Beach. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements. 9) No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.
10) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement. b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. d) Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. This Section shall survive termination or expiration of this Agreement. 11) Reserved for future use.
12) Payment for Materials and Supplies. Subdivider and Subdivider’s contractors and subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.
13) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Grover Beach Standards and Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider.
14) Work by Subdivider. It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider to give the City Engineer written notice not less than two working days in advance of the actual date on which work is to be started. Failure on the part of Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.
15) Inspections. Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdivider of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted.
City shall inspect all Improvements. All Improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Grover Beach Standards and Specifications, which said construction plans and Design Guidelines and Public Improvement Standards are hereby referred to and adopted and made by reference a part of this Agreement. In the event there are not any applicable Design Guidelines and Public Improvement Standards for any portion of said Improvements, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways or County of San Luis Obispo Engineering Standards and Specifications, if applicable. All of said improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer.
16) Dust Control. Adequate dust control shall be maintained by Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision in strict compliance with all rules and regulations established by the pertinent Air Pollution Control Board. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Subdivider to comply ("Notice to Comply") with the provisions of this paragraph forthwith. If in the opinion of the City Engineer Subdivider's failure to comply with the provisions of this paragraph is having an immediate and significant impact on the public's health, safety and welfare, the City Engineer may immediately issue a stop work order until City receives reasonable assurances Subdivider shall comply with the provisions of this paragraph forthwith. Such notices, Notice to Comply and stop-work orders may be personally served upon Subdivider. If Subdivider is not an individual, such notices, Notice to Comply and stop-work orders may be served upon (i) any person who has signed this Agreement on behalf of Subdivider; (ii) upon any officer, manager or trustee of Subdivider; or (iii) at the election of the City Engineer, such notices and stop-work orders may be served by mailed to Subdivider at Subdivider’s address on file with the City Engineer. If the City Engineer has issued a Notice to Comply, and Subdivider has failed to commence adequate dust control or fails to maintain adequate dust control at any time thereafter, within twenty-four hours after personal service of the Notice to Comply or within forty-eight hours after the mailing thereof, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled with water, treated with a dust suppression agent or oiled, as the City Engineer may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine. City may bill Subdivider for the entire cost to City of such treatment, including costs associated with equipment, material and staff time, as well as any other time or costs associated with the issuance with the elimination of the scattering of the dust including the Notice to Comply. Subdivider shall promptly pay to City the entire billed cost to City of such treatment. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 17) Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and sewer laterals, together with water mains and appurtenances, storm drainage facilities, gas mains, electrical and communication lines, and their respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.
18) Compliance with Conditions of Approval; Easements. In addition to the Covenants affecting land development, if any, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Vesting Tentative Map No. 3209, dated March 7, 2023, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdivider’s completion of all required improvements to said parcels. Subdivider’s compliance with such conditions shall be completed within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply. 19) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Grover Beach Municipal Code, City Charter, and Building Codes. 20) Prevailing Wages. Subdivider shall:
a) Pay prevailing wages on those improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively referred to as Public Works Improvements); and
b) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Subdivider shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the PW Improvements, if any, Subdivider shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. Subdivider shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Subdivider, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any PW Improvements. 21) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
22) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. 23) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
24) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Grover Beach County Recorder.
25) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
26) Successor Statutes Incorporated. All references to a statue or ordinance shall incorporate any or all successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to Subdivider under this Agreement. 27) Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference. 28) Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 29) No Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider without the written consent of City. 30) Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
31) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
32) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
33) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Grover Beach County Recorder. 34) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California. 35) Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider.
* * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF GROVER BEACH GROVER BEACH HOLDINGS, LLC
a Municipal Corporation a California Limited Liability Company By: By:
Matthew Bronson Paul Bischoff, member
APPROVED AS TO FORM:
Jennifer Thompson, City Attorney
By:
(Attach Notary Acknowledgments)
EXHIBIT “A”
IMPROVEMENTS, COST ESTIMATES AND SECURITY REQUIREMENTS
SEE BELOW FOR DETAILS OF COSTS OF WORK IN ENGINEER'S ESTIMATE REFERENCE ENGINEER'S ESTIMATE DATED 09/23/2025
BOND AMOUNT REQUIRED BY SURETY=$46,100
EXHIBIT “B”
LIST OF IMPROVEMENT PLANS
All documents listed herein are incorporated by reference into this Agreement as if set out in full and shall become part of the terms and conditions of this Agreement.
Civil plans sheets C-1.0, C-2.0, C-2.1, C-2.2, C-2.3, C-3.0, C-3.1, C-3.2 CLERK’S CERTIFICATION
State of California )
County of Grover Beach)
On ______________________ before me, ______________________________, personally appeared, ______________________, 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
______________________________
City Clerk, City of Grover Beach
By _____________________________
Deputy
caov011811
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 Grover Beach)
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ 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 Notary Public
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Grover Beach County Recorder, as Document No. { } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of Tract No. **** [including Addendum to Subdivision Agreement for Rights of Way Acquisition].}
DATED: ____________________, 201__
BENEFICIARY
By: ________________________________________
Name:______________________________
Title: _______________________________
By: ________________________________________
Name:______________________________
Title: _______________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)