HomeMy WebLinkAboutAGENDA REPORT 1998 0304 CC REG ITEM 11FTO:
FROM:
AGENDA REPORT
CITY OF MOORPARK
THE HONORABLE CITY COUNCIL
DIRK LOVETT, ASSISTANT CITY ENGINEER
David Grantham, Assistant Engineer
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DATE: FEBRUARY 19, 1998 (CC MEETING OF MARCH 4, 1998)
SUBJECT: CONSIDER APPROVAL OF FINAL MAP 5001
(Marketplace Properties)
BACKGROUND
The subject map is located at the northwest corner of Spring Road and Tierra Rejada Road in the
City of Moorpark. A vicinity map is attached for your reference (see Exhibit A).
On December 17, 1997, Tentative Parcel Map 5001 and Major Modification No. 1 was approved
by the City Council. The major modification included approving a child care facility, a drug store
and land division of 4.38 acres into two parcels for commercial development.
DISCUSSION
Improvement of site is currently underway with the majority of the grading and drainage
improvements complete. The conditions of approval for this map have been satisfied and all
improvement bonds, as required by the conditions of approval, have been submitted.
Included in this submittal are the following items:
1) Parcel Map 5001 (on file in the Office of the City Clerk)
2) Agreement for Construction of Subdivision Improvements and Reimbursement (original on
file in the Office of the City Clerk)
3) The following bonds (on file in the Office of the City Clerk):
Type
Bond #
Surety Co.
Amount
Street ( Performance)
444013S
Developers Insurance Company
$142,143.00
Street (Labor)
444013S
Developers Insurance Company
$142,143.00
RECOMMENDATION:
1) Approve Final Parcel Map 5001; and
2) Authorize the Mayor and City Clerk to sign the Final Parcel Map Title Sheet; and
3) Direct the City Clerk to record Final Parcel Map 5001; and
4) Direct the Mayor to sign the Agreement for Construction of Subdivision Improvements and
Reimbursement.
0065.�A
VICINITY MAP
NO SCALE
PARCEL MAP N0.
5001
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CITY OF MOORPARK
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION
IMPROVEMENTS AND REIMBURSEMENT
This Agreement is entered into this I IfL day of February, 1998 by and between Marketplace
Partners 3, L.P., hereinafter referred to as "Developer ", and the City of Moorpark, California, a
municipal corporation, a municipal corporation, hereinafter referred to as "City ":
RECITALS:
WHEREAS, Developer desires the City's approval of a final subdivision map for Tract/Parcel
No. 5001 ( "Final Map ") and commonly referred to as Moorpark Village Center; and
WHEREAS, City desires that, in the event the Final Map is approved, Developer be
contractually obligated thereafter to construct certain improvements in and about the Subject Tract that
are required by conditions of approval of the tentative subdivision map for Tract/Parcel No. 5001
( "Tentative Map ");
NOW, THEREFORE, in consideration of City's approval of the Final Map prior to construction
of the improvements required by the approved Tentative Map, the parties hereto agree as follows:
1. Developer represents that Developer is the owner of the real property in the City of Moorpark,
California comprising the Subject Tract.
2. Developer shall construct, at Developer's own expense, that portion of the grading, streets,
storm drains and monuments described in the plans and specifications under City Drawing No.
97- ML- 10552; Sheets 19a, 19b and 19c on file in the office of City's Public Works Director
which are required to be constructed by Developer under Conditions 45 and 46 of Major
Modification No. 1 to Tentative Tract Map No. 5001 approved under Resolution No. 97 -1413
adopted by the Moorpark City Council on December 17, 1997 (collectively "Improvements ").
Said drawings, plans and specifications are incorporated herein by this reference and made a
part of this Agreement as though set forth at length herein.
3. Except as provided in Paragraph 3(a), Developer shall complete the Improvements within
fifteen (15) months after the approval of the Final Map by the City Council of City. If the time
for completion of the improvements is extended by City, the extension shall not affect the
validity of this Agreement or release any security filed with City pursuant to Paragraph 5
hereof.
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CITY OF MOORPARK
4. Developer irrevocably offers the Improvements to City for public use.
5. Prior to approval of the Final Map by the City Council of City, Developer shall file with City,
in accordance with City's subdivision Ordinance and with the Subdivision Map Act, security
for the faithful performance of the Improvements to be constructed by Developer pursuant to
this Agreement and separate security (except for grading and monuments) for the payment of
laborers and materialmen who furnish labor or materials to those Improvements. Each security
shall be in an amount equal to one hundred percent (100 %) of the estimated cost to construct
and complete the Improvements, which estimated cost is One Hundred and Forty Two
Thousand, One Hundred and Forty Three Dollars ($142,143.00. The amount shall be good and
sufficient securities on forms approved by City as follows:
(a) Streets - Performance Bond & Labor and Materials Bond, each $142,143.00
6. Developer warrants to the best of its knowledge that the drawings, plans and specifications
referred to in Paragraph 2 hereof are in accordance with the approved Tentative Map and any
plan previously approved by the City Council of City for said subdivision. Developer further
warrants to the best of its knowledge that said drawings, plans and specifications are adequate
to accomplish construction of the Improvements in a good and workmanlike manner and in
accordance with accepted construction practices.
Should any of said drawings, plans and specifications, at any time prior to acceptance of the
Improvements as complete by the City Council of City, prove to he inadequate in any respect,
then Developer shall make such changes are as necessary to complete said Improvements in a
good and workmanlike manner and in accordance with accepted construction practices.
7. Developer shall construct the Improvements in a good and workmanlike manner, in accordance
with accepted construction practices and to the satisfaction of the City Engineer of City. The
Improvements shall not be deemed complete until they are accepted as complete by the City
Council of City. Said acceptance shall constitute acceptance of the offers of the Improvements
for public use as set forth in Paragraph 4 hereof.
8. A Soils Engineer acceptable to the City Engineer of City shall he employed and paid by
Developer.
The Soils Engineer shall perform materials testing, construction control testing, interpretation
of test results, and pavement design for the street portion of the Improvements in accordance
with the requirements set forth in Section 3. shown on Plates A -3 and A -3 (a), of Ventura
County Road Standards approved by City.
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The Soils Engineer shall provide City the reports containing the results of the testing, the
interpretation of the results and the pavement design done in connection with this Agreement.
With the last report filed, the Soils Engineer shall include a certificate that the testing,
interpretation, and design have been done properly in accordance with the applicable Ventura
County Road Standards and good engineering practices. All reports and the certificates shall be
mailed or delivered to City.
The street portion of the Improvements shall be constructed in accordance with the pavement
design and any modification thereto, that is approved by the City Engineer of City.
9. At all times, from the acceptance by the City Council of City of the dedications offered on the
Final Map until the Improvements are accepted as complete by the City Council of City,
Developer shall take such precautions as may be necessary to protect the public from any
dangerous condition caused by the construction of the Improvements. Developer shall have
control of the grounds reserved for the improvements and the streets in which they are to be
placed as is necessary to allow Developer to carry out this Agreement. Developer shall pay for
such permits and inspections of the Improvements as may be required by the City Engineer of
City under the circumstances.
10. Developer shall guarantee the replacement and repair of the Improvements for one (1) year after
they are accepted as complete by the City Council of City. This guarantee shall not include
routine maintenance or ordinary wear and tear. The securities required pursuant to Paragraph 5
hereof shall not be exonerated until a security guaranteeing the requirements of this Paragraph,
in the amount of at least ten percent (10 %) of the sum shown in Paragraph 5 hereof, is accepted
by the City Council of City.
11. Developer shall indemnify, defend with counsel approved by City and hold harmless City,
Charles Abbott Associates Inc., the County of Ventura ( "County ") and the Ventura County
Flood Control District ( "District ") and their officers, employees, servants and agents from any
claim, demand, damage, liability, loss, cost or expense for any damage whatsoever, including
but not limited to death or injury to any person and injury to any property, resulting from, or in
any way connected with, the performance of this Agreement, except such damage as is caused
by the sole negligence of City, County or District or any of their officers, employees, servants
or agent.
12. Developer is and shall at all times remain as to City a wholly independent contractor. Nothing
contained in this Agreement shall be deemed, construed or represented by City or Developer to
any third person to create the relationship of principal and agent, partnership, joint venture, or
any other association of any kind or nature between City and Developer.
13. This Agreement constitutes the entire agreement of the parties concerning the subject matter
hereof and all prior agreements or understandings, oral or written, are hereby merged herein.
This Agreement shall not be amended in any way except by a writing expressly purporting to
be such an amendment, signed and acknowledged by both of the parties hereto.
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CITY OF MOORPARK
14. Should interpretation of this Agreement. or any portion thereof, be necessary, it is deemed that
this Agreement was prepared by the parties jointly and equally, and shall not be interpreted
against either parry on the ground that the party prepared the Agreement or caused it to be
prepared.
15. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of
any other provision, whether or not similar, nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision. No waiver shall be binding, unless executed in
writing by the parry making the waiver.
16. 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 shall be entitled to recover its costs and
expenses, including reasonable attorney's fees, from the losing party, and any judgment or
decree rendered in such a proceeding shall include an award thereof,
17. Any demand to be given pursuant to this Agreement shall be in writing, and all such demands
and any other document to be delivered shall be delivered by personal service or by deposit in
the United States mail, certified or registered, return receipt requested, with postage prepaid,
and addressed to the parry for whom intended as follows:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
TO: Marketplace Partners 3, L.P.
13522 Newport Avenue, Suite 100
Tustin, CA 92780
Attn: Michael M. Rue
Either party may, from time to time, by written notice to the other, designate a different address
which shall be substituted for the one above specified. Demands and other documents shall be
deemed delivered upon receipt by personal service or upon deposit in the United States mail.
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CITY OF MOORPARK
18. This Agreement shall run with the land and shall bind and obligate, and inure to the benefit of,
the successors and assigns of the parties hereto.
PARTUEJS 3, L.P.
By:
Mich6l M. Rue, General f art
Date: -211 11 k�
"DEVELOPER"
By:
Patrick Hunter, Mayor
Attest:
City Clerk
"CITY"
(TO BE NOTARIZED)
Page 5
(Seal)
Revised 11/97
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On February 11. 1998 before me, _ Lucy Reg mbal . Notary Publ i c
} Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public ")
personally appeared Michael M. Rue
Name(s) of Signer(s)
❑ personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
j and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s),
LUCYREGIWAL or the entity upon behalf of which the person(s) acted,
COMA # 1060171 Z executed the instrument.
iNotorY Pubic — Calfomlo
ORANGE COUNTY
%V Comm. Expires MAY 28.1999
WITNESS my hand and official seal.
ignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El
El
a
❑
❑
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
Signer's Name:
A
0
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: I Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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O 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. CC;,V jr 0 ±OJA7�827