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HomeMy WebLinkAboutAGENDA REPORT 1998 1021 CC REG ITEM 11ITO: FROM: DATE: SUBJECT: AGENDA REPORT CITY OF MOORPARK The Honorable City Council Dirk Lovett, Assistant City Engineer Ken Gilbert, Director of Public Works October 8,1998 (Council Meeting 10- 21 -98) 7as. 9 (i) ITEIN /1- 11 *T. CITY OF vlOORpARK, CALIFORN� City Council Meeting ACTION. - - Ved Consider Approval of a Change to the Standard "Agreement for Construction of Subdivision Improvements and Reimbursement" EXECUTIVE SUMMARY This requests approval of certain changes to the City's standard Subdivision Agreement, required to better facilitate project completion. DISCUSSION Prior to constructing any public improvements required by a particular development, the developer is required to enter into an "Agreement for Construction of Subdivision Improvements and Reimbursement." That Agreement requires a number of things, including a requirement that the Developer to provide the City with various bonds to assure that all of the public improvements are installed properly. Upon completion of the improvements by the developer, and acceptance of the work by the City's inspectors, the City Council is asked to accept the public improvements and exonerate the bonds (or reduce the bonds to a ten percent (10 %) maintenance bond for a period of one year)- Upon exoneration of the bonds, the project is complete. Unfortunately, the current wording in the Agreement makes no provision for termination of the Agreement. In recent months, at the request of some developers, it has been necessary for the City Engineering Department to bring back before the City Council as a separate item, requests for the approval of a "Release of Agreement," which is recorded on the property to clarify completion of the requirements of the Agreement. Sub agree 000244 Subdivision Agreement October 8, 1998 Page 2 Attached as Exhibit 1, is a copy of the subject Agreement with the recommended added language shown J W. The recommended added language in Section 18 clarifies the intent of the City that the term of the Agreement shall end with the exoneration of the bonds. It is anticipated that, with this added language, there will be no need to record a separate "Release of Agreement" subsequent to the exoneration of the bonds. The City Council is also advised that it is the intent of the City Engineering Department and City staff to include, as a part of the all future staff reports pertaining to the exoneration of bonds, wording which will authorize staff to record a "Release of Agreement" if requested. With that authorization, such a release may be recorded, when and if requested in spite of the added language mentioned above, without the need to go back to the City Council for approval. The recommended added language in Sections 4 and 5 of the Agreement is not substantive, but merely provides clarification to existing text. The proposed changes to the Agreement have been reviewed by the City Attorney. RECOMMENDATION Approve the recommended language change to the subject Agreement. 000245 RECORDING REQUESTED BY: CITY OF MOORPARK WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS AND REIMBURSEMENT This Agreement is entered into this day of , 19 , by and between , hereinafter referred to as "Developer ", and the City of Moorpark, California, a municipal corporation, hereinafter referred to as "City ": RECITALS: WHEREAS, Developer desires the City's approval of a final subdivision map for Tract No. ( "Final Map ") and commonly referred to as ( "Subject Tract "); 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 No. ( "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: 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, all grading, streets, storm drains and monuments described in the plans and specifications under City Drawing No(s). , on file in the office of City's Public Works Director, all water and sewer systems described in Ventura County Drawing No(s). , on file in the office of Ventura County's Public Works Director, Ventura, California, and all flood control work described in Ventura County Drawing No(s). , on file in the office of the Ventura County Flood Control District, Ventura, California, (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. 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. 4. Developer irrevocably offers the Improvements within City right of way and property, to City for public use, except the following: (a) All water and sewer systems described in Ventura County Drawings No(s). , which are irrevocably offered to Page 1 of 4 000%46 CITY OF MOORPARK (b) All flood control work described in Ventura County Drawing No(s). , which are irrevocably offered to the Ventura County Flood Control District. 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 good and sufficient securities on forms approved by City and 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 Dollars ($ ). (a) Grading - Performance $ (b) Streets - Performance and Payment, each $ (c) Storm Drain - Performance and Payment, each $ (d) Monuments - Performance $ Total $ Should the amounts of the securities become insufficient in the opinion of City, Developer shall renew said securities in amounts deemed sufficient by City within ten (10) days after receiving a demand from City therefore. 6. Developer warrants 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 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 be 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. A Soils Engineer acceptable to the City Engineer of City shall be 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. 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 Page 2 of 4 000247 CITY OF MOORPARK 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, 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. 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 party 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 party 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 Page 3 of 4 600248 CITY OF MOORPARK reasonable attorney's fees, from the losing party, and any judgement 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 party for whom intended as follows: TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager TO: (Developer's Name and Address) 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. 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 until such time that all the securities listed in Section 5 of this Agreement are completely exonerated by the City'. By: (Signature) By: (Name) By: Mayor, City of Moorpark Attest: City Clerk (Name of Developer) (Title) (Date) "DEVELOPER" CITY OF MOORPARK (Seal) "CITY" (TO BE NOTARIZED) Page 4 of 4 ('`: "10 2 1119