Agenda-Item-Number-12-Cure-Brown-Act-Violation-Jan-21-CC-Meeting — Sebastopol City Council, January 21, 2025

CITY OF SEBASTOPOL CITY COUNCIL
MEETING OF: January 21, 2025
======================================================================================== To: Honorable Mayor and City Councilmembers
From: City Attorney Alex Mog
Mary Gourley, City Clerk
Subject: Ratification of Agenda Items From the December 17, 2024 City Council Meeting Item Number 12
Adoption of a Resolution approving the Final Map and Subdivision Improvements Agreement for the Canopy Subdivision located at 1009-1011 Gravenstein Highway North, APN 060-261-026 & 028(Property), and accepting the dedication of public easements for utilities, emergency vehicle access and public (pedestrian and bicycle) access (Responsible Department: Engineering)
======================================================================================== RECOMMENDATION:

That the City Council re-approve the Action Items from the December 17, 2024 City Council Meeting Due to an Alleged Brown Act Violation
======================================================================================== AGENDA ITEM NUMBER 12

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: December 17, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Mario Landeros, Interim City Engineer
Subject: Resolution Approving Final Map for the Canopy Subdivision, Approving Subdivision Improvements Agreement, and Accepting Public Easements for Utilities, Emergency Vehicle Access and Public Access
=========================================================================================== RECOMMENDATIONS:

The item is to request Council adopt a resolution approving the Final Map and Subdivision Improvements Agreement for the Canopy Subdivision located at 1009-1011 Gravenstein Highway North, APN 060-261-026 & 028 (Property), and accepting the dedication of public easements for utilities, emergency vehicle access and public (pedestrian and bicycle) access.

EXECUTIVE SUMMARY:

Pursuant to City Council Resolution 6581-2024 that, in addition to approving various other entitlements, approved a Tentative Map (file number 2022-095) for Property owned by SEB, LLC, a California Limited Company (Owner). Owner has prepared a Final Map and Improvement Plans for The Canopy Subdivision and is requesting Council approval for subdividing Property, which currently is vacant, into two parcels. After subdividing Property is completed, the two resulting lots will accommodate an 80-unit townhome project known as “The Canopy” plus common areas, private open space, landscaped areas and parking.

BACKGROUND AND DISCUSSION:

On April 2, 2024, Council adopted Resolution 6581-2024 with Conditions of Approval for The Canopy, an 80-unit townhome development (the Project) located at 1009-1011 Gravenstein Highway North, APN 060-261-026 & 028 (Property). The Project involves residential development of the currently vacant approximately 6.1 acres site.

Owner has prepared Improvement Plans and Final Map, which includes offers of dedication of public easements within Property for public utility & emergency vehicle access and public (pedestrian and bicycle) access. A new public fire line for fire hydrants will loop through Property within public utility easements. Also, a portion of an existing public utility easement created by document number 2000-095819 within Property for a waterline that was never constructed, is noted on the Final Map and to be abandoned in accordance with the provisions of Government Code Section 66434(g). In addition, Owner has further secured off-site public easements within adjacent private property at 1003 Gravenstein Highway North, APN 060-261-029 (Adjacent Property), owned by H1 Real Estate LLC, et al (Adjacent Owner), for continuation of public utility, emergency vehicle access, and pedestrian and bicycle access easements from the Project.

The Improvement Plans and Final Map for The Canopy Subdivision are completed and have been approved by the City Engineer. A Subdivision Improvements Agreement has been submitted by Owner with improvementsecurities (bonds) and insurance documentation.

STAFF ANALYSIS:

The Canopy Subdivision Final Map and Improvement Plans, as submitted, comply with the Conditions of Approval.

Owner has provided a signed Subdivision Improvements Agreement with improvement securities (bonds) and insurance documentation stipulating to complete construction of required improvement within 24 months after final map has been filed for recordation. In addition, Owner has delivered a grant easement for all the offsite public easements for utilities, emergency vehicle access and public access within Adjacent Property, executed by Adjacent Owner.

Agenda Item Number 11 Agenda Item Number 11
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Concerning the portion of existing public utility easement within Property, Owner has included written notation on the Final Map of easement portion to be abandoned by reference to the official record that created the easement (DN 2000-095819) and has omitted that portion of easement from the map. The filing of the map shall therefore constitute abandonment of that portion of public easement.

COMMUNITY OUTREACH:

This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.

FISCAL IMPACT:

There is no fiscal impact from this action.

OPTIONS:

No reasonable alternatives have been identified.

ATTACHMENTS:
1 - Resolution
2 – Final Map
3 – Signed Subdivision Improvements Agreement with securities and insurance documentation 4 – Executed Grant Easement
APPROVALS:

Department Head Approval: Approval Date: _11/26/24
CEQA Determina�on (Planning): Approval Date: _11/26/24
The proposed ac�on is not a project under the California Environmental Quality Act (CEQA) Administrative Services (Financial) Approval Date: _11/21/24 Costs authorized in City Approved Budget: ☐ Yes ☐ No  N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: 12/6/24
City Manager Approval: Approval Date: 12/3/24
Agenda Item Number 11 Agenda Item Number 11
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RESOLUTION NUMBER: 2024-___

CITY OF SEBASTOPOL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL APPROVING THE FINAL MAP FOR THE CANOPY SUBDIVISION, 1009-1011 GRAVENSTEIN HIGHWAY NORTH, ACCEPTING PUBLIC EASEMENTS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT WHEREAS, the City Council of the City of Sebastopol on April 2, 2024, did adopt Resolution No. 6581- 2024, approving the Tentative Major Subdivision Map for 1009-1011 Gravenstein Highway North (file number 2022-095), Sebastopol, California (APN 060-261-026 & 028), subject to certain conditions; and WHEREAS, in these certain conditions is included the following requirements:
• The final map prepared by a licensed surveyor or civil engineer be submitted for the review and approval by the City Engineer.
• Dedication of public easements for public utility & emergency vehicle access and public (pedestrian and bicycle) access.
• Required improvements be completed prior to recording the final map or, alternatively an improvement agreement be recorded together with the final map and security therefore posted with the City, for completing the required construction within 24 months after recording the final map.

WHEREAS, Property Owner, SEB, LLC, a California Limited Company, (Owner) of 1009-1011 Gravenstein Highway North (Property) has submitted the Canopy Subdivision Final Map prepared by a licensed surveyor; and
WHEREAS, Owner has made an irrevocable offer of dedication of public easements within Property for public utility & emergency vehicle access and public (pedestrian and bicycle) access; and WHEREAS, in addition, Owner has delivered grant public easements within adjacent private property at 1003 Gravenstein Highway North, APN 060-261-029 (Adjacent Property), executed by owner of Adjacent Property, H-1 Real Estate LLC, et al (Adjacent Owner), for off-site continuation of public utility, emergency vehicle access, and pedestrian and bicycle access easements; and WHEREAS, Owner proposes to construct required improvements within 24 months after recordation of the Canopy Subdivision Final Map; and
WHEREAS, Owner has provided a signed Improvement Agreement and securities, stipulating to complete construction of required improvement within 24 months after recordation of the Canopy Subdivision Final Map; and
WHEREAS, a portion of existing public utility easement created by document number 2000-095819, Sonoma County Records, lying within Property for waterline never constructed, noted but not shown on the Final Map is to be abandoned in accordance with the provisions of Government Code Section 66434(g).

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Approves the Canopy Subdivision Final Map, 1009-1011 Gravenstein Highway North for filing with the County Recorder.

Agenda Item Number 11 Agenda Item Number 11
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2. Accepts the dedications of public easement within Property and off-site within Adjacent Property for public utility, emergency vehicle access, and pedestrian and bicycle access easements identified on the Finap Map.

3. Authorizes the City Manager to execute the proposed Improvement Agreement.

4. Affirms abandonment of a portion within Property of public waterline easement created by DN 2000-095819.

The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 17th day of December 2024 by the following vote:

VOTE:

Ayes:

Noes:

Absent:

Abstain:

APPROVED: __________________________________________
Stephen Zollman, Mayor
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
Exhibit – The Canopy Subdivision Final Map
Agenda Item Number 11 Agenda Item Number 11
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adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11
Agenda Item Number 11
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Recording Requested by and When Recorded
Return to:

CITY OF SEBASTOPOL
P. O. BOX 1776
SEBASTOPOL, CA 95473

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383

SUBDIVISION IMPROVEMENT AGREEMENT

THE CANOPY MAJOR SUBDIVISION
Assessor’s Parcel No. 060-261-026 & 028
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”), made and entered into this December 17, 2024 (the “Effective Date”), at Sebastopol, California, by and between the CITY OF SEBASTOPOL, a Municipal Corporation (the "CITY") and City Ventures Homebuilding Inv, LLC a Limited Liability Company (“DEVELOPER").

WITNESSETH:

WHEREAS, DEVELOPER has presented to CITY a certain proposed subdivision of land located within the corporate limits of the City of Sebastopol, called “The Canopy Subdivision”, which said map is hereby referred to and made a part of this Agreement for any and all particulars (the “Map”), and have requested that CITY approve the Map to the end that the Map may be recorded as required by law; and
WHEREAS, CITY requires, as a condition precedent to acceptance and approval of the Map, the offering of dedication of such easements as delineated and shown on the Map and requiring the improvement of easements by the construction thereon and installation therein of the improvements hereinafter specified (the “Required Work”).

WHEREAS, Developer has retained City Ventures Construction, Inc, a Corporation (“Contractor”) to perform the Required Work.

NOW THEREFORE, in consideration of the promises and of the acceptance after improvement of the offers of dedication of all easements as shown and delineated on the Map and the approval of the Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between CITY and DEVELOPER, and DEVELOPER Agenda Item Number 11 Agenda Item Number 11
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and CITY do hereby mutually agree as follows:

1. Incorporation by Reference
The Conditions of Approval contained in City of Sebastopol City Council Resolution 6581-2024 and 6580-2024, and all plans as listed in Section 2 below, are incorporated herein by reference.

2. Construction of Improvements
DEVELOPER shall construct and install within a period of twenty-four (24) months from the Effective Date, at its own cost and expense within and adjoining said tract, and to the lines and grades approved by the City Engineer of the City of Sebastopol, and in accordance with all other ordinances, resolutions, specifications and standard plans in force and effect in the CITY and applicable thereto, all improvements, as shown on the Improvement Plans for said tract entitled “THE CANOPY – IMPROVEMENT PLANS”, as approved by the City Engineer on November 22, 2024, which are included as part of this Agreement and made a part of this Agreement by reference (the “Approved Plans”).

3. Permits
Prior to any construction within any public right of way or existing public utilities easement, DEVELOPER and DEVELOPER’s Contractor(s) shall obtain an Encroachment Permit from the City of Sebastopol Public Works Department, and shall provide and maintain such public liability and property damage insurance as shall protect DEVELOPER from all claims for damages for personal injuries, including accidental death, as well as claims for property damage which may arise from its operations under this Agreement. Such public liability insurance shall be in accord with Exhibit A, Insurance Requirements for Improvement Agreements, which is attached hereto and hereby made a part of this agreement.

4. Adjacent Properties Affected by Construction
DEVELOPER warrants that construction of improvements performed under this Agreement shall not adversely affect any portion of adjacent properties. Any damage to adjacent public or private Agenda Item Number 11 Agenda Item Number 11
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properties or facilities shall be repaired or replaced at DEVELOPER’s expense prior to acceptance of the improvements by CITY.

5. Additional Work and Modification of Plans
It is understood that additional work may be required which is not shown on the Approved Plans.

Accordingly, the cost estimate includes a reasonable contingency amount to cover any additional work not shown on the Approved Plans. DEVELOPER shall provide a complete set of "As Built" plans to the CITY prior to final acceptance of public improvements.

6. Improvement Security – REVIEW BOND REQUIREMENTS
a. Performance Bond and Labor and Materials Bond: DEVELOPER shall deliver to the CITY proper bonds (100% Performance Bond and 100% Labor and Material Bond) by one or more duly authorized corporate sureties or an instrument of credit as provided by law to secure the faithful performance of this Agreement which shall be substantially in the form of Government Code 66499.1 and 66499.2, each in the amount of $3,618,956.00. In the event of the failure or in the event of the default of Developer or contractor to complete any portion of the construction, the CITY shall look to the bonding company to complete the entire project.
b. The amount includes total estimated cost of improvements plus estimated engineering and contingency fund. All costs for electric, telephone, streetlights, and TV constructed by other utilities shall be paid by DEVELOPER direct to the respective utility. The DEVELOPER shall be responsible to coordinate improvement drawings with utility company regarding undergrounding of utilities.
c. Reduction in Bonding Amounts: DEVELOPER may request reductions in the amount of the Performance and Labor and Materials Bonds, subject to the approval of the City Engineer, after 6 months have elapsed from the date of recording of this Agreement. No reduction will be allowed until such time as a minimum of 50% of work has been completed, to the satisfaction of the City Engineer. Reductions in the bond amount shall not be less than 50% or more than Agenda Item Number 11 Agenda Item Number 11
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80% of the amount of security for Faithful Performance, and shall be in proportion to the improvements completed, as determined by the City Engineer.

Developer’s request for reduction in bonding amounts and City Engineer’s approval thereof shall be in writing and directed to the Engineering Department. d. Maintenance Security: Prior to acceptance of improvements and release of Performance Bond DEVELOPER shall furnish City bond, letter of credit, or cash as evidence that the said improvements are guaranteed against failure of materials or installations for a one-year period from date of acceptance by CITY and to secure DEVELOPER’s warranty obligations. Bond, letter of credit, or cash shall be in the amount of 20% of total construction costs in the amount of $723,791.20. e. Monumentation Bond: DEVELOPER shall set all monuments shown on said final map. Such monumentation shall be secured by a performance bond or other form of security as permitted in Section 6(a) above in the sum of $5,000.00. f. Tree Protection Bond: DEVELOPER shall deliver to City a Tree Protection Bond in the amount of $15,000.00 for trees identified by the City Arborist (trees identified in the May 8, 2024, arborist report by Horticultural Associates), in accordance with Sebastopol Municipal Code § 8.12.050(D). If, in the opinion of the City Arborist or Planning Director, no violation or damage has occurred during construction, the bond shall be returned upon final acceptance of improvements by CITY.

7. Inspections
At least fifteen (15) calendar days prior to the commencement of any work under this Agreement, Developer shall notify the City in writing of the planned start of construction. No construction shall commence until DEVELOPER’s contractor(s) has(have) obtained all required permits and a pre-construction meeting has been held. During the course of construction, DEVELOPER and/or Contractor(s) shall provide CITY with a minimum of 24 hours’ notice in advance of needed inspections. Notwithstanding the foregoing, the City and its authorized agents shall, at all times during the performance of the work under this Agreement, have free access to and shall be allowed to examine the work under this Agreement and all materials used and to be Agenda Item Number 11 Agenda Item Number 11
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used. Inspecting of the Work and/or materials, or approval of Work and/or materials, or a statement by an officer, agent or employee of the City indicating the Work complies with this Agreement, or acceptance of all or any portion of the Work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. For avoidance of doubt, DEVELOPER shall be able to rely on Inspections and signed job and permit cards.

8. Time of Performance
a. DEVELOPER agrees to perform and complete all improvements contemplated by this Agreement within twenty-four (24) months from the Effective Date (subject to any Excusable Delay).
b. It is further agreed by and between DEVELOPER and CITY that in the event it is deemed necessary by the CITY to extend the time of completion of the Improvements, said extension may be granted by CITY, and shall in no way affect the validity of this Agreement or release the surety(ies) on any bond or other security attached hereto or the financial institution guaranteeing the same. c. DEVELOPER may request extension of the time of performance. Such request shall be made in writing, not fewer than thirty (30) days prior to the expiration of this Agreement. Such extension, if approved, shall be for a period of time as recommended by the City Engineer, subject to City Council approval, but in no case shall exceed twelve (12) months from the expiration date of this Agreement. d. If an extension is approved, DEVELOPER shall enter into an extension agreement with CITY.
e. DEVELOPER agrees to maintain the security(ies) described in Section 6 above in full force and effect during the term of this Agreement, including any extensions of time as may be granted, and until such time as the Improvements have been accepted by CITY.

Agenda Item Number 11 Agenda Item Number 11
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9. Work Performance
a. DEVELOPER shall construct all of the Improvements in a good and workmanlike manner, and furnish all required materials incident thereto, in accordance with the Plans and to the reasonable satisfaction of CITY.
b. DEVELOPER shall designate an on-site supervisor who shall be on the work site during construction of the Improvements, and who has the authority to act on behalf of DEVELOPER and/or Contractor when communicating with City personnel.
c. DEVELOPER is responsible for all dust, mud, dirt and debris created by construction. DEVELOPER is required to control dust at all times in accordance with standard practices. This control means that watering to lay dust must be accomplished not only during times of construction, but on weekends and holidays, should weather and site conditions dictate. DEVELOPER is also responsible for any mud or debris deposited on adjacent public or private property.
d. City shall not be responsible or liable for the maintenance or care of the Improvements until the City Council formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance.

10. Insurance Requirements
Prior to signature approval by CITY of this Agreement, DEVELOPER shall provide evidence of public liability and property damage insurance, with appropriate endorsements naming the CITY as additional insured, in accord with Exhibit A (Insurance Requirements for Improvement Agreements), which is attached hereto and thereby made a part of this Agreement.

Agenda Item Number 11 Agenda Item Number 11
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11. Indemnification
DEVELOPER agrees to indemnify, defend, and hold the CITY, its officers, agents and employees harmless in every way from all suits, actions of law, claims for damages or injuries to persons and property which may arise out of or be occasioned in, for, or on account of any injuries or damages of any kind whatsoever sustained or arising from any way by the performance of the work hereinabove specified to be performed by the DEVELOPER, its agents, subcontractors or employees or in consequence thereof, excepting only that resulting from the sole negligence or intentional misconduct of the City, its employees, officials, or agents.

12. Provision of City Services Prior to Acceptance by City DEVELOPER agrees to be financially responsible for all required City services provided to the premises prior to acceptance of the improvements by CITY.

DEVELOPER shall pay CITY the foregoing fees prior to City approval of the Map for filing. a. Other Fees: DEVELOPER is notified that, prior to issuance of any Building Permit, a School Impact Fee shall be paid to the Local School District, and satisfactory evidence thereof shall be presented to CITY.

13. Warranty.

Without limiting the Developer’s obligations hereunder, where CITY accepts any Improvements constructed as part of this subdivision, Developer expressly warrants and guarantees all Improvements and all materials used in the Improvements for a period of one (1) year after the date of adoption of a resolution by the City Council accepting the Improvements. If, within this one (1) year period, any Improvement or part of any Improvement, fails to fulfill any of the requirements of the Approved Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or Agenda Item Number 11 Agenda Item Number 11
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reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction, any extra costs for verified actual overhead/management. Developer further covenants and agrees that when defects in design, workmanship and materials actually appear during the guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year to insure that such defects have actually been corrected.

14. Completion & Acceptance.
a. Completion of Work. After Developer (a) completes the Improvements in accordance with the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Improvements, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion.

City, in its sole and absolute discretion, may accept or give final approval to the Improvements in phases and allow a partial release of the bonds provided. b. Notice of Completion. Within fifteen (15) days of receipt of Developer’s written notification of completion, City Engineer shall inspect the Improvements and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Improvements and repair are complete to the satisfaction of the City Engineer, in his or her reasonable discretion. If the Improvements are, in the opinion of the City Engineer, not complete or not satisfactory, the City Engineer will, within ten (10) business days, list the deficiencies that must be corrected to find the Improvements complete and satisfactory. Upon satisfactory completion of the Improvements, the City Engineer will send Developer a written notice of satisfactory completion, which shall not unreasonably be withheld. Engineer’s failure to respond to Developer’s written notification within fifteen (15) days will not be deemed a Agenda Item Number 11 Agenda Item Number 11
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breach or default under this Agreement.
c. Acceptance of Improvements. After sending Developer a written notice of satisfactory completion, the City Engineer will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council. The matter will be scheduled for consideration by the City Council within thirty (30) days. The acceptance of those Improvements shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. Title to, and ownership of, all Improvements constructed by Developer under this Agreement within the public right of way, or designated for public use, shall vest in City upon City’s acceptance of such Improvements. Acceptance of the Improvements by the City shall be deemed as final approval of the completed Improvements that are not accepted for ownership by the City.

15. Waiver
Waiver by CITY or DEVELOPER of any breach of any of the provisions of the Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of the same or any other provision of this agreement. Acceptance by CITY of any work by DEVELOPER shall not be a waiver of any of the provisions of this Agreement.

16. Notices
All notices herein required shall be in writing and shall be personally delivered or mailed to the Engineering Manager, City of Sebastopol Public Works Department, 714 Johnson Street, Sebastopol, CA, 95472.

17. Noncompliance
If CITY determines that DEVELOPER is in violation of any applicable laws or regulations, or of the terms and provisions of this Agreement, it may issue a cease-and-desist order, stop work order, or other action the City deems necessary.

Agenda Item Number 11 Agenda Item Number 11
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18. Notice of Breach and/or Default
CITY may serve written notice upon DEVELOPER and surety of breach of this agreement or of any portion thereof, and default of DEVELOPER for any of the following circumstances:
a. DEVELOPER refuses or fails to complete the improvements as required in this agreement.
b. DEVELOPER or any of DEVELOPER’s contractors, subcontractors, agents or employees should materially violate any of the provisions of this Agreement and not commence to cure the violation within a reasonable time, and complete without undue delay.

Upon receipt of the written notice, the Developer shall have thirty (30) daysto remedy such event of default (orsuch longer period of time as may reasonably be required, provided that the Developer shall commence to remedy such default within thirty (30) days period and thereafter diligently prosecute such remedy to completion). If the Developer fails to remedy the event of default within the prescribed time period, the City shall have the right to do all work necessary to remedy the event of default and charge the Developer actual costs incurred by the City for such work.

19. Successors in Interest
This Agreement shall run with the land, and may be assigned, pursuant to a written request from DEVELOPER, with the consent of the CITY, which consent shall not be unreasonably withheld, conditioned or delayed.

20. Effective Date
This Agreement shall be effective as of the Effective Date.

21. Amendment of Agreement
This Agreement may be amended by mutual consent of the original parties or their successors in interest. Any such amendment shall be executed in writing by the parties to be bound thereby, and copies of any such amendments shall be sent to surety(ies).

Agenda Item Number 11 Agenda Item Number 11
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22. Excusable Delay.
“Excusable Delay” means an act of God, strike, lockout, explosion, act of sabotage, riot, civil commotion, act of war, fire, flood, other casualty, Pandemic, public health crisis or other healthrelated events that cause any government or health agency to declare a public health emergency, quarantine, travel restrictions or limitations on public gatherings or that cause businesses or schools or athletic events to close or adopt restrictive practices or any other cause beyond the reasonable control of the DEVELOPER which delay any performance required under this Agreement.

23. Execution
By signing this Agreement, the person signing states that he or she is authorized to enter into contracts on behalf of DEVELOPER, and binds DEVELOPER, its partners, successors, executors, administrators and assigns with respect to the terms and conditions contained herein. [SIGNATURE PAGE TO FOLLOW]
Agenda Item Number 11 Agenda Item Number 11
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IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by its CITY CLERK, thereunto duly authorized by Resolution of the CITY COUNCIL, and said DEVELOPER has hereunto set his hand, the day and year first above written.

DEVELOPER:

City Ventures Homebuilding, LLC,
a Limited Liability Company
By: _____________________________
Name: ___________________________
Title: ____________________________

CITY OF SEBASTOPOL
BY:___________________________________
Don Schwartz, City Manager
Approved as to form:____________________________
Alex Mog, City Attorney

ALL SIGNATURES MUST BE NOTARIZED-ATTACH NOTARY CERTIFICATES AFTER THIS PAGE Agenda Item Number 11 Agenda Item Number 11
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Exhibit A

CITY OF SEBASTOPOL

INSURANCE REQUIREMENTS FOR IMPROVEMENT AGREEMENTS
DEVELOPER shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the DEVELOPER, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG0001).

Minimum Limits of Insurance
DEVELOPER shall maintain limits no less than:

General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Sebastopol. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the DEVELOPER shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
All required general liability policies are to contain, or be endorsed to contain, the following provisions:

1. The named additional insured with respect to this contract shall include the following:

The CITY OF SEBASTOPOL, its Officers, Officials and Employees

2. The named additional insured are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of the DEVELOPER including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the DEVELOPER’S insurance, or as a separate owner's policy.

Agenda Item Number 11 Agenda Item Number 11
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3. For any claims related to this agreement, the DEVELOPER's insurance coverage shall be primary insurance as respects the named additional insured. Any insurance or selfinsurance maintained by the named additional insured shall be excess of the DEVELOPER's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Verification of Coverages
DEVELOPER shall furnish the City with original certificates and amendatory endorsements effecting the coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms or a separate owners policy, provided those forms or policies are approved by the City and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before the Agreement is executed by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

All certificates and endorsements shall reference the appropriate policy number, names of insured, and shall be signed by an authorized representative of the insurer.

Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 24 of 36 ends

Sheet 1 of 1
Exhibit A
A Public Access Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 8.00 foot wide easement, lying 4.00 feet on each side of the centerline, which is more particularly described as follows:

55.25 feet to the Point of Beginning; thence leaving said southwesterly line, N 58°50’00” E, 14.71 feet to a curve to the right having a radius of 70.00 feet, through a central angle of 12°02’39”, having an arc length of 14.71 feet to a curve to the left having a radius of 93.00 feet, through a central angle of 31°28’37”, having an arc length of 51.09 feet toa curve to the right having a radius of 97.00 feet, through a central angle of 12°43’27”, having an arc length of 21.54 feet to a compound curve to the right having a radius of 243.00 feet, through a central angle of 25°29’19”, having an arc length of 108.10 feet to a curve to the left having a radius of 62.00 feet, through a central angle of 43°37’34”, having an arc length of 47.21 feet to a curve to the right having a radius of 82.00 feet, through a central angle of 37°44’52”, having an arc length of 54.02 feet to a curve to the left having a radius of 117.00 feet, through a central angle of 17°13’29”, having an arc length of 35.17 feet to a compound curve to the left having a radius of 21.50 feet, through a central angle of 39°56’50”, having an arc length of 14.99 feet, more or less, to the southeasterly line of said Lands, from which bears S 31°16’24” E, 22.34 feet a ½ inch Iron Pipe tagged LS 4483, marking the most southeasterly corner of said Lands. The sidelines of the herein described easement shall be shortened or lengthened to terminate on the southwesterly and southeasterly lines of said lands.

Containing 0.07 acres (2893 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 25 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 26 of 36 ends

Sheet 1 of 1
Exhibit C
A Public Utility and Emergency Vehicle Access Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 26.00 foot wide easement, lying 13.00 feet on each side of the centerline, which is more particularly described as follows:

Commencing at a ½ inch Iron Pipe tagged LS 4483 marking the most southwesterly corner of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, from which a ½ inch Iron Pipe tagged LS 4483 bears N 52°28’44” E, 357.47 feet, marking the most southeasterly corner of said Lands; thence along the southwesterly line of said Lands N 30°13’53” W, 102.46 feet to the Point of Beginning; thence leaving said southwesterly line, N 58°53’18” E, 309.02 feet to a curve to the left having a radius of 30.00 feet, through a central angle of 78°33’03”, having an arc length of 41.13 feet to a curve to the right having a radius of 43.00 feet, through a central angle of 39°16’17”, having an arc length of 29.47 feet, more or less, to the southeasterly line of said Lands, from which bears S 31°16’24” E, 111.33 feet a ½ inch Iron Pipe tagged LS 4483, marking the most southeasterly corner of said Lands. The sidelines of the herein described easement shall be shortened or lengthened to terminate on the southwesterly and southeasterly lines of said lands.

Containing 0.23 acres (9858 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 27 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 28 of 36 ends

Sheet 1 of 1
Exhibit E
A Public Access Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 4.00 foot wide easement which is more particularly described as follows:

Commencing at a ½ inch Iron Pipe tagged LS 4483 marking the most southeasterly corner of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, from which a ½ inch Iron Pipe tagged LS 4483 bears S 52°28’44” W 357.47 feet, marking the most southwesterly corner of said Lands; thence along the southeasterly line of said Lands N 31°16’24” W, 150.72 feet; thence S 58°43’36” W, 23.50 feet; thence N 31°16’24” W, 103.88 feet; thence N 58°43’36” E,

13.75 feet to the Point of Beginning; thence leaving said southeasterly line and perpendicular to the southeasterly line, N 31°16’24” W, 4.00 feet; thence parallel to and 4.00 feet distant from the southeasterly line, N 58°43’36” E, 13.75 feet; thence continuing parallel to and 4.00 feet distant from the southeasterly line, N 31°16’24” W, 157.57 feet; thence N 58°43’36” E, 4.00 feet, more or less, to the southeasterly line of said Lands; thence along said southeasterly line S 31°16’24” E, 161.57 feet; thence S 58°43’36” W,

17.75 feet, more or less, to the Point of Beginning.

Containing 0.02 acres (701 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 29 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 30 of 36 ends

Sheet 1 of 1
Exhibit G
A Public Water Utility Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 10.00 foot wide easement which is more particularly described as follows:

Commencing at a 3/4 inch Iron Pipe tagged LS 3193 marking the most northerly corner of the Lands of H1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, from which a 1 inch Brass Tag and Nail stamped PLS 7901 bears S 81°49’09” W 201.91 feet, marking an angle point in the northerly line of said Lands; thence S 01°19’12” E, 169.25 feet to a corner along the northeasterly line of said Lands; thence along said northeasterly line, S 31°16’24” E, 146.18 feet to the Point of Beginning; thence leaving said northeasterly line of said Lands, S 58°43’36” W, 23.70 feet; thence S 31°16’24” E, 212.25 feet; thence N 58°43’36” E, 10.00 feet; thence N 31°16’24” W, 202.25 feet; thence N 58°43’36” E, 28.70 feet; thence N 31°16’24” W, 3.50 feet, more or less, to the northeasterly line of said Lands; thence along said northeasterly line S 58°43’36” W, 15.00 feet; thence continuing along said northeasterly line N 31°16’24” W, 6.50 feet, more or less, to the Point of Beginning.

Containing 0.05 acres (2316 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 31 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 32 of 36 ends

Sheet 1 of 1
Exhibit I
A Public Parking Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 10.50 foot wide easement which is more particularly described as follows:

Commencing at a 3/4 inch Iron Pipe tagged LS 3193 marking the most northerly corner of the Lands of H1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, from which a 1 inch Brass Tag and Nail stamped PLS 7901 bears S 81°49’09” W 201.91 feet, marking an angle point in the northerly line of said Lands; thence S 01°19’12” E, 169.25 feet to a corner along the northeasterly line of said Lands, being the Point of Beginning; thence along said northeasterly line of said Lands, S 31°16’24” E, 116.00 feet; thence leaving said northeasterly line, S 58°43’36” W, 10.50 feet; thence parallel to said northeasterly line, N 31°16’24” E, 116.00 feet; thence along said northerly line N 58°43’36” E, 10.50 feet, more or less, to the Point of Beginning.

Containing 0.03 acres (1218 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 33 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 34 of 36 ends

Sheet 1 of 1
Exhibit K
A Public Utility, Ingress and Egress, and Emergency Vehicle Access Dedication over a portion of the Lands of H-1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, being an 26.00 foot wide easement which is more particularly described as follows:

Commencing at a 3/4 inch Iron Pipe tagged LS 3193 marking the most northerly corner of the Lands of H1 Real Estate LLC, a Delaware limited liability company and Cody Lane LLC, a Delaware limited liability company, as described by that certain Grant Deed recorded September 28, 2018 under Document Number 2018-068199, Sonoma County Records, and also as shown on that certain map titled “Record of Survey” filed for record on November 20, 2001 in Book 648 of Maps at page 40-41, Sonoma County Records, from which a 1 inch Brass Tag and Nail stamped PLS 7901 bears S 81°49’09” W 201.91 feet, marking an angle point in the northerly line of said Lands; thence along the northerly line of said Lands S 81°49’09” W, 73.48 feet to the Point of Beginning; thence leaving said northerly line, S 9°04’32” E, 35.80 feet to a curve to the left having a radius of 187.00 feet, through a central angle of 22°11’52” for a length of 72.45 feet; thence S 31°16’24” E, 193.33 feet to a curve to a non-tangent curve from which the center bears N 38°34’01” W,

86.50 feet, thence along said curve with a radius of 86.50 feet, through a central angle of 7°03’56” for a length of 10.67 feet to the northeasterly line of said Lands; thence along said northeasterly line S 31°16’24” E, 27.66 feet to a non-tangent curve from which the center bears N 42°10’05” W, 113.50 feet, thence along said curve with a radius of 113.50 feet, through a central angle of 18°29’54” for a length of 36.64 feet; thence N 31°16’24” W, 220.03 feet, to a tangent curve to the right having a radius of 213.00 feet, through a central angle of 21°05’02” for a length of 78.38 feet to a curve to the left having a radius of 30.00 feet, through a central angle of 67°26’14” for a length of 35.31 feet; thence N 77°37’36” W, 37.88 feet, more or less, to the northerly line of said Lands; thence along said northerly line N 81°49’09” E, 80.25 feet, more or less, to the Point of Beginning.

Containing 0.22 acres (9606 sq.ft.), more or less
Being a portion of Assessor’s Parcel Number 060-261-029 (2024).

Basis of Bearings: “Record of Survey” filed in Book 648 of Map at page 40-41, Sonoma County Records.

Prepared by: Date: June 30, 2024
Aaron R Smith, PLS 7901
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 35 of 36 ends

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item Number 11 Agenda Item Number 11
City Council Meeting Packet for December 17, 2024

Page 36 of 36 ends

Sebastopol City CouncilJanuary 21, 2025

Sebastopol City Council
January 21, 2025