FOR THE COUNCIL MEETING OF MARCH 7, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR THE ACQUISTAPACE (BLOSSER RANCH), TRACT 6022
RECOMMENDATION
That the City Council adopt a Resolution approving the Final Map and Subdivision Improvement Agreement for the Acquistapace (Blosser Ranch) Final Map, Tract 6022.
BACKGROUND
The tentative map for Acquistapace (Blosser Ranch), Tract 6022 subdivision was approved by the Planning Commission on December 16, 2020. The 146.5 -acre project site consists of one parcel generally located between the secondary arterial streets of Stowell Road, Depot Street, Battles Road, and Blosser Road.
This is a subdivision of the one parcel into 12 lots for single-family residential, multifamily residential, commercial, public facility, and open space development.
DISCUSSION
The Acquistapace (Blosser Ranch) Final Map has been reviewed and approved by the City Engineer and the Community Development Director. The Subdivision Improvement Agreement, with input from the Community Development and Recreation & Parks Department, has been prepared and approved by the Public Works Department. The City Clerk's office has received the properly executed Subdivision Improvement Agreement with the associated sureties.
As a condition of approval for Tract 6022, the drainage channel adjacent to Battles Road was required to be modified. Modifications to the channel require coordination with Santa Barbara County Flood Control District for design and construction, as well as future maintenance. The coordination regarding all costs for design, construction, and future maintenance are memorialized in the attached Funding Agreement with Blosser Fee Owner LLC (Developer) and the Cooperative Agreement with Santa Barbara County Flood Control District.
Fiscal Considerations
The City shall be reimbursed for all plan checking and administration fees associated with this Final Map and Subdivision Improvement Agreement. Bonds have been received for
the construction of all public improvements and to guarantee the improvements for a one- year period after completion.
Environmental Determination:
The environmental impacts of this project have been adequately addressed in a Final Supplemental Environmental Impact Report (SEIR) dated July 2020 (SCH#1994107909) to the City of Santa Maria Final EIR for the Sphere of Influence Boundary Expansion and Concurrent Annexation Program (1992). The SEIR included a Mitigation Monitoring and Reporting Program (MMRP), which all future development within the Blosser Southeast Area 5B Specific Plan must comply with. The project meets the conditions for the application of California Environmental Quality Act (CEQA) Guidelines Section 15162 and no new significant effects have been identified. No further environmental review is required.
Impact to the Community
Impacts from this project were addressed and mitigated through environmental and planning processes. This Final Map follows the General Plan and Specific Plan for the orderly development of this area of the City. When the subdivision is built out it will provide the community with new residential lots and improve the circulation for the area.
Additionally, the subject area will have land for a junior high school and sports complex. flt
MARK MUELLER, PE
Principal Civil Engineer
BRETT FULGONI
Director of Public Works
Attachments A: Copy of Tentative Tract Map
B: Copy of Proposed Final Map
C: Subdivision Improvement Agreement
D: Funding Agreement for Battles Road Channel Improvement Project E: Cooperative Agreement for Battles Road Channel Improvement Project 2 PHASING MATRIX
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SUBDIVISION IMPROVEMENT AGREEMENT FOR
BLOSSER RANCH, TRACT 6022
THIS AGREEMENT is made on February 7 2023, by and between the City of Santa Maria, a Califomia Municipal Corporation (City), and Blosser Fee Owner LLC, a Delaware limited liability company, in Santa Maria, Califomia.
WHEREAS, pursuant to California law and the City ordinances, regulations and conditions, Subdivider has presented a final subdivision map for Blosser Ranch, Tract 6022 (Subdivision), to the City for approval and recordation; and WHEREAS, the City has approved a tentative map of the subdivision; the approval is on file in the Community Development Department and its terms and conditions are hereby incorporated into this Agreement; and WHEREAS, before a final map is approved, State law requires that a subdivider either complete all required public improvements or enter into a secured agreement with the City for their completion; and
WHEREAS, in consideration of its final map approval, Subdivider desires to enter into this secured Agreement to install and complete, at its sole expense, all public improvement work ("Improvements") required of the subdivision by the City; and WHEREAS, the parties desire that the standards currently in force in the City shall apply to this Agreement, for the term of this Agreement and subject to Paragraph 5 of this Agreement;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Subdivider to Construct Improvements. At its sole expense, Subdivider shall construct all improvements according to the conditions of the approved tentative map and the approved improvement plans, standards and specifications on file with the City Engineer and City Clerk. The improvement plans, standards and specifications are hereby incorporated by reference. Improvements identified in the City's AB 1600 fee program and constructed by the Subdivider will be reimbursed by the City in a manner set forth by the AB 1600 fee program or otherwise agreed upon by the Subdivider and the City.
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees in accordance with adopted City fee schedules, and pay all taxes required by law.
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Prior to construction, Subdivider shall acquire and dedicate all rights -of -way, easements, and other real property necessary for construction of the Improvements. The City does not accept any dedication of property until it accepts the Improvements located thereon. Rather, Subdivider hereby grants to the City, and City hereby accepts, a license for the City and its employees and contractors to enter the land upon which the Improvements are located to do all acts necessary to perform this Agreement. This license shall terminate upon City acceptance of the Improvements on said property.
Subdivider will not be allowed to purchase water meters from the City of Santa Maria for any residence until a building permit is issued for said residence.
With the exception of work required by the guarantee/defective material and planting/irrigation maintenance bonds and as otherwise provided in the paragraph below concerning subdivider performance with due care, risk of loss for any Improvement passes to the City upon the City acceptance of that Improvement. Risk of loss includes any and all liabilities, obligations, damages, costs, injuries or claims thereof, including but not limited to claims for damages or personal injury, including death and claims for property damage, associated with the Improvement. Until acceptance of an Improvement, Subdivider shall take reasonable actions to protect the public from each and every dangerous condition that exists during the construction of said Improvement. City shall act in a reasonably timely manner to have the Improvements accepted. With regard to work required by the guarantee/defective material and planting/irrigation maintenance bond, risk of loss passes to City upon termination of Subdivider's obligation under the bonds.
Unless Subdivider obtains an extension in writing pursuant to Paragraph 5, all public improvement work shall be completed within 12 months of recordation of the final map.
2. Security for Estimated Cost of Improvements. Prior to City Council approval of the final map, the Subdivider shall deposit security for the performance of this Agreement as required by Govemment Code §66499 et seq.
Security shall be in the form approved by the City Attorney, and in the following amounts:
a. Faithful Performance Bond: $6,511,227.25 to guarantee construction and installation of public improvements as specified in Paragraph 1. b. Contractor. Labor and Material Bond (50%I: $3,255,613.63 to guarantee payment to Subdivider's contractor, subcontractors, and to persons fumishing labor, materials or equipment for the construction or installation of on -site public improvements.
c. Guarantee and Defective Material Bond (10%1: $651,122.73 to guarantee and warrant the on -site public improvement work and material for one year following completion and City acceptance.
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d. Monumentation Bond: $28,700.00 to guarantee installation of all subdivision public improvement monuments required by law prior to acceptance of the public improvements by the City, and to guarantee installation of individual property monuments within one year of the City's acceptance of public improvements as called for on the final map.
e. Faithful Performance Bond: $2,992,059.91 to guarantee installation of the required public landscaping and irrigation as specified in Paragraph 1. f. Contractor, Labor and Material Bond (50%): $1,496,029.96 to guarantee payment to Subdividers contractor, subcontractors, and to persons fumishing labor, materials or equipment for the construction or installation of the required public landscaping and irrigation.
g. Guarantee and Defective Material Bond (10%): $299,205.99 to cover the cost of maintaining the landscaping for one year. h. Street Tree Bond: $218,900.00 to guarantee the installation of street and easement trees, including the cost of maintaining the trees for one year after acceptance.
Public Improvement Plan Completion Treasurer's Trust:
$38,800.00 cash surety to guarantee completion of the Battles Channel Public Improvement Plans, including but not limited to civil design, utility design, and landscape design.
j. Faithful Performance Bond: $3,425,943.40 to guarantee construction and installation of public improvements as specified in Paragraph 1, specifically, the Battles Channel Public Improvement Plans. k. Contractor, Labor and Material Bond (50%1: $1,712,971.70 to guarantee payment to contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of public improvements within the Battles Channel.
I. Guarantee and Defective Material Bond (10%): $342,594.34 to guarantee and warrant the public improvement work and material for one year following completion and City acceptance of the Battles Channel Improvements.
Subdivider shall provide replacement security in the amounts required by law whenever a revision to the improvement plans results in a 10% or greater change to the estimated cost of Improvements.
Upon written request from Subdivider, City may reduce the amount of each faithful performance bond to reflect the portion of the work covered by the bond that has been completed by the Subdivider, except that no bond shall be reduced below Atty Rev 2018
the minimum amount required by Section 11-8-06 of the Santa Maria Municipal Code.
The City may only release each bond required by this Agreement at the time provided for in Section 11-8-06 of the Santa Maria Municipal Code.
3. Personal Nature of Subdivider's Obligations. Except as provided in Paragraph 4, all of Subdivider's obligations under this Agreement are and shall remain personal obligations of Subdivider notwithstanding transfer of all or any part of the property within the Subdivision subject to this Agreement. Subdivider shall not be entitled to delegate its obligations under this Agreement without the express written consent of the City.
4. Subdivider's Obligations on Sale or Disposition of
Subdivision. In connection with a transfer of the Subdivision, Subdivider may request a novation of this Agreement (replacement by an agreement with the transferee) and a replacement of Subdivider's security with security provided by the transferee. Upon approval of the novation and substitution of the transferee's security, the security required by this Agreement shall be released at the following times:
a. Labor and material security shall be released after the passage of time within which liens can be recorded pursuant to California Civil Code §3114 et seq., measured from the date the novation is approved; and b. All other security shall be released upon approval of the novation and substitution of the transferee's security.
5. Extension of Agreement. Subject to Santa Maria Municipal Code §11-8-01(c), Subdivider may request an extension of time to complete Improvements required by 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 extension.
Extensions will be subject to the execution of a subdivision improvement extension agreement, which may provide for the following additional consideration: (a) revision of the Improvement plans to provide for current design and construction standards; (b) revised Improvement construction estimates to reflect current Improvement costs; (c) reinstatement and/or increase of Improvement securities in accordance with revised construction estimates; and (d) increase in inspection fees to reflect current construction costs.
Subdivider shall pay the actual costs of processing the subdivision improvement extension agreement. Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement.
6. Sales and Use Taxes.
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For all construction work performed on the Project Owner/Developer agrees to make diligent and good faith efforts with the assistance of City's designated representative to maximize the amount of sale and use tax the City receives as a result of the Project.
The Owner/Developer will include a provision in all construction contracts with qualifying contractors, subcontractors and material suppliers holding reseller's permits requiring that they obtain a sub -permit from the California State Board of Equalization to book and record construction materials purchases/sales as sales or use taking place within the City.
Upon request by the City or the City's designated representative, Owner/Developer shall make available copies of such contracts or other documentation demonstrating compliance with these requirements. Owner/Developer shall have the right to redact unrelated portions of such contracts when presenting them to the City or the City's representative.
Owner/Developer shall cooperate, to the extent allowed by applicable laws, with the City and its designated representative to diligently and in good faith pursue reasonable strategies that they identify to maximize sales or use taxes to be received by the City.
7. General Provisions.
a. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notices shall be addressed as follows unless a written change is filed with the City:
Notice to City:
City Engineer
City of Santa Maria
110 S. Pine Street, Suite 101
Santa Maria, CA 93458-5082
Notice to Subdivider:
Serge Shirikjian
10474 S. Monica Blvd., Suite 403
Los Angeles, CA 90025
(310)362-6148
Notice to Surety:
COMPANY
ADDRESS 1
ADDRESS2
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PHONE
b. Time of Essence. Time is of essence in performance of this Agreement.
c. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the Improvements and land development work required by this Agreement. Subdivider acknowledges that Subdivider, not the City, is responsible for determining applicability of and complying with all local, state and federal laws, including but not limited to provisions of the Califomia Labor Code, Public Contract Code and Government Code. The City makes no express or implied representation as to the applicability or inapplicability of any such laws to this Agreement or the parties' respective rights or obligations hereunder, including but not limited to payment of prevailing wages, competitive bidding, subcontractor listing, or similar or different matters. Subdivider further acknowledges that the City shall not be liable or responsible in law or equity for any failure by Subdivider to comply with any such laws, regardless of whether the City knew, could have known, or should have known of the need for such compliance or whether the City failed to notify Subdivider of the need for such compliance.
Notwithstanding the other provisions of this subparagraph, City represents that this Agreement satisfies the Santa Maria Municipal Code requirements for subdivision improvement security agreements.
d. Subdivider to Perform with Due Care. Subdivider, its agents, employees, contractors and subcontractors will perform this Agreement with due care. If any legal proceeding alleges liability of the City, its officers, contractors and/or employees arising or resulting from the negligent action(s) or omission(s) of Subdivider, its agents, employees, contractors and/or subcontractors arising out of said performance, Subdivider will defend (in a manner reasonably acceptable to City), hold harmless and indemnify City, its officers, contractors and employees, but such indemnity shall be only to the extent the liability of the City does not arise from its sole negligence or misconduct. This paragraph shall survive City acceptance of the Improvements under this Agreement.
e. Remedies upon Subdividers Default. City reserves to itself all remedies available at law or in equity for breach of Subdividers obligations under this Agreement. This includes, but is not limited to, using security to mitigate City damages because of Subdivider's default. Failure to enforce with respect to a default shall not be construed as a waiver.
f. Proceeding to Enforce. In the event that a proceeding is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. If the proceeding seeks Subdivider's performance hereunder and the City prevails, Subdivider also agrees to pay all City Atty Rev 2018
costs and expenses to obtain performance, including but not iimited to architects' and engineers' fees.
g. Severability. The provisions of this Agreement are
severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. h. Captions. The captions of this Agreement are for
convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
j. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
k. Recordation. This Agreement, or a memorandum hereof, may be recorded. If either such document is recorded, when all the Improvements have been accepted and upon the written request of Subdivider, City shall sign and acknowledge a termination of the recorded document.
I. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of Califomia.
m. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Santa Barbara, State of California. n. Warranty of Authority. Each person signing this Agreement on behalf of the subdivider warrants that he or she has authority to do so. o. Approvals. Whenever either party's approval is required pursuant to the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or conditioned.
p. Benefit of Agreement. This Agreement is intended
exclusively for the benefit of the parties hereto. No third party: (i) may enforce the terms of this Agreement; (ii) is entitled to the performance or enforcement of this Agreement by either party; or (iii) may claim the existence of any duty or obligation by either party to the third party based upon this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written.
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CITY OF SANTA MARIA
A municipal corporation
of the State of California
"CITY"
ATTEST:
By: By:
Chief Deputy City Clerk Mayor
APPROVED ASD T CONTENTS:
By: By:
Department Head
Ci ey
By:
"SUBDIVIDER"
Blosser Fee Owner LLC
By: -d.9f6e Earen 4. 1wrwvo.. By:
[(( SIGNATORY & TITLE
COMPANY NAME
SIGNATORY & TITLE
COMPANY NAME
Mw Payttsanignanoce N•"vo++ caresits9NISAined Dm,n.+YFronrrgD.wbp•r'NFw MWYfrae 6022filesser nrwstmw.on Ynamwnw+ Warn+Fenn Moue R.rth 6022 ecc
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AGREEMENT FOR
BATTLES ROAD CHANNEL IMPROVEMENT PROJECT
This Agreement for Battles Road Channel Improvement Project ("Agreement") is made on , 2023 ("Effective Date") by and between the City of Santa Maria, a California Municipal Corporation and charter city ("City"), and Blosser Fee Owner LLC, a Delaware limited liability company ("Developer') in Santa Maria, California.
WHEREAS, City has authority to establish and modify flood control improvements in the CITY; and
WHEREAS, City owns and maintains flood control improvements within the City's rights of way; and
WHEREAS, City owns and maintains the existing flood control channel and associated improvements on Battles Road; and
WHEREAS, City has a responsibility to improve capacity, aesthetics, and function of flood control improvements when necessary to address issues along a flood control channel; and
WHEREAS, City has approved the Tentative Tract Map for Blosser- Southeast, Tract 6022, TR2019-0003; and
WHEREAS, Developer agreed to fund the design and construction of the conduit and surface swale improvements to the Battles Road Channel as a part of the Conditions of Approval of Tract 6022, including but not limited to Condition Number 29 ("Project"); and
WHEREAS, the Santa Barbara County Flood Control & Water Conservation District ("District") has agreed to allow Developer to design the Project; and WHEREAS, the District shall bid and cause the Project to be constructed with all construction and Project management costs to be funded by the Developer, unless District authorizes Developer to construct the Project with District review and inspection to be funded by Developer; and
WHEREAS, City has entered into a Cooperative Agreement for Construction of Improvements on Battles Road with District to set forth the Project maintenance obligations of the parties and funding obligations related to the District's Project design review, construction and inspection costs ("Cooperative Agreement with the District"); and
WHEREAS, this Agreement will document Developer's obligations to provide City with the funds necessary to cover the District's costs for design review, 1 construction and inspection work as further set forth in the Cooperative Agreement as well as the costs owed to the City in compliance with Condition of Approval No. 29 and as set forth herein; and
WHEREAS, once Project is constructed and approved by District, District has committed to accept the Project and operate and maintain the underground improvements associated with Project at District's cost and City has committed to operate and maintain the above ground improvements and connections to the underground improvements associated with Project at City's cost.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Developer's Obligations.
a) Developer shall pay for all costs required to complete the Project, including Califomia Environmental Quality Act (CEQA) review and required permits.
Developer shall pay for City and District staff costs accrued in connection with design review, construction and construction inspection. Funding for City and District staff costs shall be provided in advance of the design review and construction inspection work.
b) Developer shall fund the full costs of construction, or with District's approval, construct the Project and be solely responsible for all construction costs and management or management costs of the construction of the Project. As part of such construction, Developer shall provide an improvement security to the City in a form subject to the approval of the City Attorney, in conformance with Santa Maria Municipal Code Section 11-8.06.
c) Pay or cause to be paid all costs required for compliance with State NPDES, both current and as may be amended.
2. City's Obligations.
a) City shall invoice Developer and collect funds identified as Developer's Obligations in Section 1 above and forward all funds owed to the District in accordance with the Cooperative Agreement with the District.
b) Complete all required environmental review processes at Developer's expense.
Developer to pay costs for the environmental review within 30 days of receipt of an invoice from City.
c) Upon completion of the Project to the satisfaction of City, City will accept the Project and maintain all surface elements of Project including all inlets, connector pipes, and all other improvements outside of the main line of the underground conduit, which will be maintained by District.
2 d) Be responsible for compliance with State NPDES, both current and as may be amended at Developer's expense
3. Security for Estimated Cost of Proiect Improvements.
Following design of Project and upon City receipt and approval of the Engineer's Estimate to construct Project, Developer shall deposit security in an amount equal to the Engineer's estimate for the construction of the Project in a form in compliance with Section 11-8.06 of the Santa Maria Municipal Code.
4. General Provisions.
a. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change is filed with the City:
Notice to City:
City Engineer
City of Santa Maria
110 S. Pine Street, Suite 101
Santa Maria, CA 93458-5082
Notice to Developer:
10474 S. Monica Blvd.
Suite 403
Los Angeles, CA 90025
Attn: Serge Shirikjian
b. Time of Essence. Time is of essence in performance of this Agreement. c. Indemnification. Developer agrees to joint and severally hold City, its elective and appointed boards, commissions, officers, agents, and employees harmless from any liability for damages or claims for damage for personal injury, including death, as well as from claims for property damage arising out of acts or omissions of Developer's operations under this Agreement.
d. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.
3 e. Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
f. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
g. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
h. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of Califomia.
jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Santa Barbara, State of California. j. Warranty of Authority. Each person signing this Agreement on behalf of the subdivider warrants that he or she has authority to do so. 4 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written.
City of Santa Maria,
A municipal corporation and charter city
By:
Alice Patino,
Mayor
ATTEST:
BY:
Rhonda White
Chief Deputy City Clerk
APPROVED AS TO FORM:
Thomas T. Watson,
City Attorney
Blosser Fee Owner LLC
By:
Title:
STEVE
mmarret
C WwWmwMMOMbpt3baw SOWraw (Mx 50) - Ostia Ch.al pwtwn Mnbpr doc 5 COOPERATIVE AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ON BATTLES ROAD CITY OF SANTA MARIA, a municipal corporation,
referred to herein as "CITY",
and
Santa Barbara County Flood Control & Water
Conservation District, a political subdivision of the
State of California, referred to herein as
"DISTRICT".
WHEREAS, the CITY and DISTRICT have historically cooperated in the establishment of certain drainage and Flood Control Improvements in the CITY; and
WHEREAS, the DISTRICT has authority to establish and maintain flood control improvements in the CITY; and
WHEREAS, CITY owns and maintains public roads and associated improvements within the CITY 's rights of way; and
WHEREAS, the CITY owns and maintains the existing drainage improvements adjacent to Battles Road from approximately A Street to South Depot Street; and
WHEREAS, CITY has conditionally approved a development application (DEVELOPMENT) north of Battles Road between South Blosser Road and South Depot Street, and WHEREAS, the CITY has requested that the DISTRICT cooperate in the establishment of a new drainage facility along Battles Road (PROJECT); and
WHEREAS, the DISTRICT has indicated a willingness to cooperate in the establishment of PROJECT in a letter titled Regional Drainage Facilities, Battles Road, Specific Plan Area 5B, dated November 12, 2020 attached herein as Exhibit A; and
WHEREAS, CITY desires the PROJECT to be designed in a manner consisting of an underground conduit and overland improvements; and
WHEREAS, CITY has committed that costs incurred by DISTRICT of said PROJECT including all elements of design review, construction and inspection would be completely funded by the DEVELOPMENT permittee and/or CITY; and
WHEREAS, once constructed and approved, the DISTRICT will own, operate, and maintain the mainline subsurface elements of the PROJECT at DISTRICT's cost and CITY will maintain the surface elements and the connections to the main line at CITY's cost.
NOW THEREFORE, it is mutually agreed as follows:
SECTION 1
CITY SHALL BE OBLIGATED TO:
1. Pay or cause to be paid all costs required to complete PROJECT including CEQA review, obtaining required permits, design, any required rights of way, construction, and inspection; including all DISTRICT staff costs accrued in connection with the PROJECT, and to provide funding in advance of the work in phases based on an estimate provided by DISTRICT to CITY. Cost estimates for each phase of the PROJECT shall be reviewed and approved by the CITY. CITY shall establish a not -to -exceed amount for each phase of the PROJECT based on the approved cost estimate prior to the commencement of each phase by DISTRICT with the exception of the construction phase. For the construction phase, in the event that the DISTRICT does not authorize the DEVELOPMENT Permitee to construct the PROJECT, the CITY shall reimburse the DISTRICT the total amount of the final construction contract, including all contract change orders and other approved amendments.
2. Complete all required Environmental Review processes and acquire all permits required for PROJECT.
3. Review and approve the design of PROJECT.
4. Maintain all surface elements of PROJECT including all inlets, connector pipes, and all other improvements outside of the main line of the underground conduit.
5. Ensure DEVELOPMENT is designed in a manner that protects DEVELOPMENT from flooding in the event the PROJECT fails to deliver its design capacity of floodwaters.
6. Offer to dedicate such easements to DISTRICT for maintenance of the DISTRICT -maintained elements of PROJECT.
7. Be responsible for compliance with State's National Pollutant Discharge Elimination System (NPDES) permits, both current and as may be amended.
SECTION U
DISTRICT SHALL BE OBLIGATED TO:
1. As a part of Phase 1 of the PROJECT, DISTRICT has reviewed and approved technical studies including a hydrological analysis and conceptual design prepared by a Stantec, dated August 22, 2022.
2. As a part of Phase 2 of the PROJECT, DISTRICT shall review and approve final design of the PROJECT, consisting of plans, specifications, and an engineer's estimate. Supporting technical information necessary to perform final design including but not limited to topographic survey, geotechnical, and structural will be included in the scope of work associated with final design. DISTRICT's approval of the fmal design of the PROJECT does not constitute any warranty or guarantee by DISTRICT concerning the design or performance of the PROJECT, and Permittee is responsible for the construction as provided herein. This approval is intended to avail DISTRICT of the immunities set forth in Government Code Section 830.6.
3. As a part of Phase 3 of PROJECT, DISTRICT shall advertise and construct subsurface elements of the PROJECT upon receipt of funds from CITY sufficient to pay for all costs associated with the construction of the subsurface elements of the PROJECT including inspection and any other DISTRICT staff costs. Alternatively, the DISTRICT may, at its sole discretion, authorize the DEVELOPMENT Permitee to construct the PROJECT. If
the DEVELOPMENT Permitee constructs the PROJECT, the DEVELOPMENT Permitee shall be solely responsible for construction costs and management of construction of the PROJECT. The DISTRICT shall retain all authority and control of the technical aspects of construction inspection and work acceptance, and the CITY's reimbursement obligations to the DISTRICT shall be limited to all non -construction DISTRICT costs associated with the PROJECT, including design and inspection. Upon completion of PROJECT design by DISTRICT, the DEVELOPMENT Permitee may commence PROJECT construction with not less than a 90 day notification to DISTRICT.
4. With each phase of the PROJECT, DISTRICT shall provide to the CITY an itemized account of all applicable PROJECT costs estimated to be incurred by the DISTRICT. CITY shall pay the amount of such invoices within forty-five (45) days of receipt.
5. To accept dedication of, operate, and maintain, the subsurface elements of the PROJECT limited to the mainline conduit, upon terms mutually agreeable to the DISTRICT and CITY SECTION 11I
IT IS FURTHER MUTUALLY AGREED THAT:
2. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement.
3. Communications concerning the PROJECT and this Agreement will be directed to the following individuals:
DISTRICT
Walter Rubalcava, Deputy Public Works
Director 130 East Victoria Street Suite 200
Santa Barbara, CA 93101
PH 805-568-3436
wrubalcacountvofsb.oro
CITY
Brett Fulgoni, Public Works Director
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
PH 805-925-0951 x 2225
bfulBoni na,citvofsantamaria. org
SECTION IV
INDEMNITY AND DISCLAIMER
Neither the DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to city under this Agreement. It is also agreed that pursuant to California Government Code Section 895.4, CITY shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. It is also agreed that pursuant to California Government Code Section 895.4, DISTRICT shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) Occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to
DISTRICT under this Agreement.
SECTION V
AMENDMENT
This Agreement may be amended or adjusted by the parties, from time to time, only in writing approved by both parties.
SECTION Yj
APPLICABLE LAW
This Agreement shall be subject to the laws, rules, and regulations in effect within the County of Santa Barbara, California, and any interpretation of the law that may be necessary shall be pursuant to the laws applicable within that jurisdiction. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall in no way affect, impair, or invalidate any other provision of this Agreement, unless it was material to the consideration for the performance required. If a provision is deleted which is not material to such consideration, the remaining provisions shall be given the force and effect originally intended.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
CITY OF SANTA MARIA, a political subdivision
of the State of California
Alice Patino
Mayor
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
Risk Manager
City Attorney
SANTA BARBARA COUNTY FLOOD CONTROL
& WATER CONSERVATION DISTRICT
By:
Date:
Das Williams, Chair, Board of Directors
ATTEST: APPROVED AS TO FORM:
MONA MIYASATO RACHEL VAN MULLEM
COUNTY EXECUTIVE OFFICER COUNTY COUNSEL
EX OFFICIO CLERK OF THE BOARD
OF DIRECTORS OF THE SANTA BARBARA
COUNTY FLOOD CONTROL & WATER
CONSERVATION DISTRICT
BY: BY:
Deputy Deputy
APPROVE AS TO ACCOUNTING FORM: RECOMMENDED FOR APPROVAL:
BETSY M. SCHAFFER, CPA SCOTT D. MCGOLPIN
AUDITOR -CONTROLLER PUBLIC WORKS DIRECTOR
BY: BY:
Deputy
APPROVE AS TO FORM:
GREG MILLIGAN, ARM
RISK MANAGER
BY:
Risk Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, APPROVING THE FINAL MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
ACQUISTAPACE (BLOSSER RANCH) FINAL MAP, TRACT 6022
WHEREAS, the proposed Final Map for the subdivision known as the Acquistapace (Blosser Ranch) Final Map, Tract 6022, substantially conforms to the tentative map as approved by the Planning Commission of the City of Santa Maria on December 16, 2020, and the conditions as imposed thereon.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, Califomia, as follows:
1. The proposed Final Map and Subdivision Improvement Agreement for the Acquistapace (Blosser Ranch) Final Map, Tract 6022, in the form on file with the Chief Deputy City Clerk, is hereby approved, and the Mayor, or in the Mayor's absence the City Manager, is hereby authorized and directed to execute the same on behalf of the City.
2. The City Engineer is authorized to review and, if appropriate, approve and execute on behalf of the City a Subdivision Improvement Extension Agreement pursuant to the Subdivision Improvement Agreement, Paragraph 5, Extension of Agreement.
3. The City Engineer is authorized to review and, if appropriate, approve and execute on behalf of the City a novation of this Agreement pursuant to the Subdivision Improvement Agreement, Paragraph 4, Subdivider's Obligation on Sale or Disposition of Subdivision.
4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of March 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
City Attorney
APPROVED AS TO CONTENT: