HomeMy WebLinkAboutAGENDA REPORT 1999 0818 CC REG ITEM 11F -►I 100 NI.)
ITEM 11 .
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
of �,1 (
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
•
TO : The Honorable City Council
FROM: Dirk Lovett, Assistant City Engineer
Prepared by Rick Valte, Engineering De tment
DATE: August 9, 1999 (CC meeting of 8/18/99)
SUBJECT: Consider Approval of Final Map Tract 4980 (Lennar
Homes/Western Pacific Housing)
BACKGROUND
The subject tract is located north of Peach Hill Road and is
bordered by New Los Angeles Street to the north, Spring Road to
the west and Science Drive to the east . A location map is
attached for your reference (see exhibit A) .
Tentative tract map 4980 was approved by the City Council on
October 2, 1996 . Street Names for this tract were approved by
the City Council on August 19, 1998 . On January 29, 1999,
Lennar Homes signed an Early Grading Agreement with the City
which allowed them to commence construction on the site and
obligated them to the conditions and improvements specified in
the Tentative Map. Grading of the site commenced on January 21,
1999.
DISCUSSION/CONCLUSION
The final map for tract 4980 represents a land division of 87 . 65
acres into 138 residential lots . There are nine ( 9) open space
parcels (OS-1 through OS-9) . OS-1 through OS-4 and parcel OS-9
are offered for dedication to the City.
The final map has been reviewed City staff and it is staff' s
opinion that this map is technically accurate and substantially
conforms to the tentative map approved by the Council . The
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conditions of approval for the recordation of this map have been
satisfied.
Subsequent to the commencement of grading, the property was
purchased by Western Pacific Housing. Western Pacific Housing
will finish the site improvements and will construct the houses .
As such, Lennar Homes has requested that the original Early
Grading Agreement be amended such that Lennar Homes'
responsibility on the project would be limited to grading.
This could be accomplished by the following:
1 . Amending the Early Grading Agreement with Lennar Homes
obligating them to bond for and complete all grading operations,
2 . Executing a Standard Agreement for Construction of
Subdivision Improvements and Reimbursement with Western Pacific
Housing, obligating them to bond for and construct all other
improvements specified in the Tentative Tract conditions of
development, and as addressed in the Early Grading Agreement .
3 . Releasing Lennar Homes of their obligations under the Early
Grading Agreement and exonerating current bonds, except for
grading.
Current bonds on file are as follows :
Type Amount Surety Company Bond No.
The American
Grading $754, 426. 00 Insurance 11133427754
Company
The American
Monuments $114, 932 . 00 Insurance 11133427788
Company
Trail The American
Improvements $28, 589 . 00 Insurance 11133427796
(Performance) Company
Trail The American
Improvements
(Labor & $28, 589 . 00 Insurance 11133427796
Material) Company
Street The American
Improvement $986, 471 . 00 Insurance 11133427762
(Performance) Company
Street The American
Improvement $986, 471 . 00 Insurance 11133427762
(Labor & Mat' l) Company
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Drainage The American
Improvmt $852, 227 . 00 Insurance 11133427770
(Performance) Company
Drainage The American
Improvmt (Labor $852, 227 . 00 Insurance 11133427770
& Material) Company
Attached are copies of the draft Amended Early Grading Agreement
between the City of Moorpark and Lennar Homes and the Agreement
for Construction of Subdivision Improvement and Reimbursement
between the City of Moorpark and Western Pacific Housing.
Executed originals of said agreements are on file at the City
Clerk' s Office. A copy of the final map is on file at the City
Clerk' s office.
Also attached is a Release of Covenant and Agreement form for
Lennar Homes .
RECOMMENDED ACTION:
1 . Approve the Final Map for Tract 4980 along with the
Agreement for Construction of Subdivision Improvements and
Reimbursement between the City and Western Pacific Housing and
approve the Amended Early Grading Agreement between the City and
Lennar Homes of California, Inc. , subject to the review and
approval of said agreements as to format and content by the City
Manager and City Attorney and the CC&R' s to be approved by the
Director of Community Development and City Attorney; and,
2 . Authorize the Mayor and City Clerk to sign the Final Map
Title Sheet, Agreement for Construction of Subdivision
Improvements and Reimbursement, Amended Early Grading Agreement
for Tract 4980 and, the Release of Covenant Agreement, subject
to the requirements of no. 1 above; and,
3 . Direct the City Clerk to record the Final Map for Tract
4980, the Agreement for Construction of Subdivision Improvements
and Reimbursements, Amended Early Grading Agreements and the
Release of Covenant and Agreement, subject to the requirements
of no. 1 above.
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Recording Requested by and Return to:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
CITY OF MOORPARK
AMENDED EARLY GRADING AGREEMENT
This Amended Early Grading Agreement (hereinafter "Agreement"), made and entered into this
day of , 1999, by and between LENNAR HOMES OF CALIFORNIA, INC. a California
corporation, the party of the first part (hereinafter referred to as "Developer"), and CITY OF MOORPARK,
a municipal corporation of the State of California, the party of the second part (hereinafter referred to as
"City").
WHEREAS, an Early Grading Agreement by and between the City and the Developer was approved by
the City Council on January 29, 1999 for the property described as Tentative Tract Map No. 4980
(Property) and shown in Exhibit "A"; and
WHEREAS, said Agreement of January 29, 1999 is superseded by this Agreement; and
WHEREAS, Developer has City approved grading and improvement plans (Plan No. 98-ML-10584) for
the Lennar Homes of California property in the City.
WHEREAS, Developer has obtained an early grading permit and has cancelled construction on the
Property prior to the City's approval of the final map for the grading and improvement per plan no. 98-
ML-10584; and
WHEREAS, Developer has transferred ownership of the Property to Western Pacific Housing; and
WHEREAS, Western Pacific Housing has agreed to complete all improvements as shown on Plan No.
98-ML-10584, with the exception of grading operations, erosion and sedimentation control; and
WHEREAS, Developer will complete all grading operations, erosion and sedimentation control as shown
on Plan No. 98-ML-10584; and
WHEREAS, the herein referenced Exhibit "A" shall be recorded as part of this Agreement.
NOW, THEREFORE, in consideration of an Amended Early Grading Agreement to Developer by City, it
is agreed by and between the parties hereto as follows:
1. GRADING
Developer, at its sole cost and expense, may perform grading operations, erosion and sedimentation
control shown on the grading plans numbered 98-ML-10584 (hereinafter referenced as Grading Work) in the
proposed improvement area (area outlined in Exhibit "A"). Developer shall conform with all conditions of
grading (prior to and during) as approved with TTM 4980 and this Agreement.
Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's
fee/deposit schedule. Developer shall also receive City, County, State and all other public or private agency
approvals and permits for any work to be performed within their respective properties or areas of interest.
City approval of plans for Grading does not warrant that other public agency requirements or standards have
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been met. It is Developer's responsibility to satisfy all requirements of all public agencies and provide
verification of such prior to commencement of the work allowed by this Agreement.
2. CHANGES IN PLANS
All Grading Work shall be performed in accordance with the grading (98-ML-10584) plans and Exhibit "A"
as discussed in paragraph 1 above, all applicable City standards and regulations and all accepted construction
practices, as determined by the City Engineer.
Developer warrants that the plans for Grading Work, as originally submitted by Developer, accomplish the
work covered by this Agreement. Developer shall complete all work performed under this early grading
permit to the finally approved plans for Grading Work.
Should the Grading Work plans prove to be inadequate in any respect, as determined by City in its sole
discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City
Engineer, that such Grading Work is performed in accordance with said City standards and regulations, said
accepted construction practices, and approved Conditions of TTM 4980.
3. SURETY BONDS
Prior to commencement of any work under this Agreement, Developer shall furnish to City valid and
sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms
approved by City and with Developer as principal, for the completion of Grading Work in accordance with
this Agreement. The Developer shall file with the City, security for the faithful performance of the grading
to be performed by Developer pursuant to this Agreement. Security shall be good and sufficient on forms
approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall
increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice
from City, which notice can be given at any time by City.
Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and
shall be increased in amount equivalent to the Consumer Price Index -- All Urban Consumers -- Greater Los
Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is
renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City
prior to release of all of the bonds. All premiums and costs related to provision of the bonds required by this
Agreement shall be the responsibility of Developer.
4. TIME FOR COMPLETION
Developer shall complete Grading Work no later than fifteen (15) months from the City Council
approval of the original "Early Grading Agreement." All Grading Work shall be completed prior to City
acceptance and reduction/exoneration of sureties.
5. FINAL GRADING INSPECTION
The City Engineer or his duly authorized representative, upon request of Developer, shall inspect the
Grading Work. As Grading Work is determined to have been performed in accordance with the provisions of
this Agreement, the City Engineer shall accept the final inspection.
Developer agrees to pay for all inspection services performed on behalf of City and for the consulting
soils engineer and geologist hired by City for the area as shown in Exhibit "A". Developer agrees that no
final inspection will be made by the City Engineer until City receives full payment for all related City
inspection services, consulting soils engineer and geologist services and any City administrative costs.
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6. PROTECTION OF PROJECT SITE
At all times during the Grading Work operations, Developer shall take all such precautions as may be
necessary to protect the site from all members of the public and protect all public and adjacent property
from debris and damage.
7. GUARANTEE OF IMPROVEMENTS
Developer shall guarantee against defective labor and materials for a period of one year following
acceptance by City of the final inspection report pursuant to Paragraph 5.
In the event any of the Grading improvements are determined to be defective within the time provided
herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense
to City and shall pay all City costs for plan check, inspection and administration related to this requirement
within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in
accordance with the requirements of this paragraph, or should the exigencies of the situation require that
repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its
option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its
surety shall be obligated to pay City for the actual cost of such work together with the cost of the time
incurred by the City Engineer, City Attorney, Public Works Director and other City staff in connection
therewith plus fifteen percent (15%) of all such costs.
8. AS BUILT DRAWINGS
Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and
deletions from the work, and of all changes in location, elevation and character of the work, not otherwise
shown or noted on the approved grading plans. Prior to City's final inspection of the Grading Work,
Developer shall transfer this information to a final set of "as builts" and deliver them to the City Engineer
for approval and retention.
9. AGREEMENT OBLIGATION COSTS
In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all
costs and expenses incurred by the City in securing performance of such obligations, in addition to cost of
suit and reasonable attorney's fees as provided by Paragraph 19.F. hereof.
10. BINDING ON SUCCESSORS IN INTEREST
All provisions of this Agreement shall run with the land and shall be binding on the parties and their
executors, administrators, assigns and successors in interest.
11. DEVELOPER NOT AGENT OF CITY
Neither Developer nor any of Developer's officers, agents, servants or employees are or shall be
considered to be agents of City in connection with the performance of Developer's obligations under this
Agreement.
12. DEFEND, INDEMNIFY AND HOLD HARMLESS
Developer shall defend with legal counsel selected by City, indemnify and hold harmless the City and its
officers, agents, servants and employees from any loss, claim or cause of action for injury, including death,
to any person whomsoever and for damage to any property whatsoever resulting from, or connected with
the performance of this Agreement, whether such performance be by Developer or any of its officers,
agents, servants or employees or by one or more persons directly or indirectly employed by, or acting in
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00041.9
concert with, any of Developer's agents or servants.
City does not, and shall not be deemed to, waive any rights against Developer which it may have by reason
of this paragraph because of the acceptance by City, or the deposit with City by Developer, of any of the
insurance policies described in by Paragraph 14 hereof.
The provisions of this paragraph shall apply to all injuries and damages of every kind suffered, or alleged to
have been suffered, by reason of the aforesaid performance of this Agreement, regardless of whether or not
City or any of its officers, employees, servants or agents has prepared, supplied or approved the plans for
Grading Work or inspected the Grading Work and regardless of whether or not any of the insurance policies
described in Paragraph 13, hereof shall have been determined to be applicable to any of such injuries or
damages.
13. DEVELOPER'S INSURANCE
Prior to the commencement of any work under this Agreement, Developer shall have
obtained the following insurance coverage and insurance certificates reflecting coverages,
approved by City as to form, amount and carrier. Each policy shall include an endorsement
naming the City and its officers and employees and the City Engineer and City Attorney as
additional insured. Developer shall also concurrently furnish the City satisfactory evidence that
each carrier will notify City in writing, at least thirty (30) days prior to any policy cancellation or
coverage reduction.
A. General (Public) Liability not less than the following amounts:
$1,000,000 bodily injury, including wrongful death - each person;
$5,000,000 bodily injury - aggregate;
$500,000 property damage - each occurrence;
$1,000,000 property damage - aggregate.
B. Auto (Comprehensive) Liability not less than the following amounts:
$1,000,000 bodily injury, including wrongful death - each person;
$5,000,000 bodily injury - aggregate;
$200,000 property damage - each occurrence;
$5,000,000 property damage - aggregate.
C. Workers' Compensation Insurance as required by law.
Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Developer of
liability in excess of such coverage, nor shall it preclude City from taking such actions against Developer as
are available to it under any other provision of this Agreement or otherwise in law or at equity. Developer
shall maintain the insurance required by this paragraph until all of the surety bonds required by Paragraph 3
hereof have been released in accordance with the provisions of that paragraph. All insurance policies
required herein shall be written on an occurrence basis.
14. NO ASSIGNMENT WITHOUT CONSENT
Developer shall not have the right to assign or transfer this Agreement, or any part hereof,
without the prior written consent of City.
15. NOTICE OF BREACH AND DEFAULT
City may serve written notice upon Developer and Developer's surety of any breach of any portion of
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000420
this Agreement and the default of Developer if any of the following occur:
Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such
diligence as will insure its completion within the time specified, or fails to obtain completion of said work
within the time; Developer is adjudged a bankrupt; Developer makes a general assignment for the benefit of
Developer's creditors, a receiver is appointed in the event of Developer's insolvency; or Developer, or any
of Developer's officers, agents, servants or employees should violate any of the provisions of this
Agreement.
16. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY
In the event notice is given as specified in Paragraph 16 Developer's surety shall have the duty to take
over and complete the Grading Work in accordance with all of the provisions of this Agreement; provided,
however, that if the surety, within five (5) days after the serving upon it of such notice, does not give City
written notice of its intention to so take over and complete the Grading Work or does not commence the
performance thereof within twenty (20) days after notice to City of such election, City may take over the
work and prosecute the Grading Work to completion, by contract or by any other method City may deem
advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in
completing the Grading Work, such materials, tools, equipment and other property belonging to Developer
as may be on the site of the work and necessary therefore. Developer and its surety shall be obligated to pay
City the actual cost of such work together with the cost of the time incurred by the City Engineer, City
Attorney, Public Works Director and other City staff in connection therewith plus fifteen percent (15%) of
all such costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all
other rights of City as provided by law or equity, and any election by City to proceed pursuant to the
provisions of paragraphs 14 or 15 hereof shall not be construed as being in lieu of any other such rights.
17. EFFECT OF WAIVER
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.
18. NOTICES
Unless otherwise provided, all notices or other documents herein required shall be in writing and shall be
delivered in person or by mail. Notices shall be deemed delivered and received upon receipt by personal
service or upon deposit in the United States mail; certified or registered, return receipt requested with postage
prepaid. Any party may change its address by notice in writing to the other party and thereafter notices
shall be addressed and transmitted to the new address.
Unless otherwise changed, notices required to be given to City shall be addressed as follows:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Unless otherwise changed, notices required to be given to Developer shall be addressed as follows:
Mr. Robert Santos
Vice-President
Lennar Homes of California, Inc.
6767 Forest Lawn Drive, Suite 300
Los Angeles, CA 90068
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000421
19. MISCELLANEOUS
A. 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 an amendment, signed and
acknowledged by the parties hereto.
B. City's failure to perform its obligations under this Agreement shall not constitute a default under this
Agreement if the nonperformance is the result of a court order. Developer's obligations under this
Agreement shall be abated during the period of such court order.
C. The position taken by City in any litigation brought by City against, or against City by a third party
shall not constitute a default under this Agreement, irrespective of the fact that City's position may be
adverse to Developer's rights under this Agreement.
D. This Agreement is made, entered into, and executed in Ventura County, California, and any court
action arising from this Agreement shall be filed in the applicable court in Ventura County, California.
E. 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.
F. In the event any action, suit or proceeding is brought for the enforcement or 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 of suit and reasonable attorney's fees
from the losing party, and any judgement or decree rendered in such a proceeding shall include such an award.
G. If any term, covenant, condition or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, void, or unenforceable the reminder of this Agreement shall nonetheless remain in
full force and effect to the full extent allowed by law.
H. This Agreement shall remain in full force an effect until all GradingWork is accepted as complete by
the City Engineer.
I. In addition to the obligations of Developer as described elsewhere in this Agreement, Developer shall
make each required payment to the City within ten (10) days after receipt of City's written invoice.
J. This Agreement shall be submitted to Surety or other guarantor in acknowledgement that this
Agreement is covered by an irrevocable Letter of Credit or Performance and Payment bonds in an aggregate
amount of:
Improvement Bond Type Total
Grading/Erosion Performance $754,426
Grand Total $754,426
K. All fees, deposits and bonds discussed herein are based on preliminary cost estimates and are subject to
change pursuant to the final approved plans.
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000422
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
LENNAR HOMES OF CALIFORNIA, INC., a California corporation
By:
(Robert Santos, Vice-President)
"DEVELOPER"
CITY OF MOORPARK, a municipal corporation of the State of California
By:
(Patrick Hunter, Mayor) (Seal)
Attest:
(CITY CLERK)
"CITY"
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00042.3
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 , 1999, by and between,
WESTERN PACIFIC HOUSING, 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. 4980 ("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. 4980 ("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, all streets, storm drains and monuments described
in the plans and specifications under City Drawing No(s). 98-ML-10584 , 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.
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.
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
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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 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)Streets -Performance and Payment, each $986,471.00
(b)Storm Drain-Performance and Payment, each $852,227.00
(c)Monuments—Performance $114,932.00
(d)Trail Improvements $ 34,500.00
Total $1,988,130.00
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.
8. 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.
00042.5
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CITY OF MOORPARK
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, 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 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
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CITY OF MOORPARK
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 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: Western Pacific Housing
6101 West Centinela Avenue, Suite 155
Culver City, CA 90230
Attn: Brent Reed
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.
WESTERN PACIFIC HOUSING-CARLSBERG RANCH,LLC
a Delaware limited liability company
(Name of Developer)
By:
(Signature)AP LHI,Inc.A California (Title)
corporation, its Managing Member
By:
(Name) (Date)
"DEVELOPER"
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CITY OF MOORPARK
By:
Mayor, City of Moorpark (Seal)
Attest:
City Clerk
"CITY"
(TO BE NOTARIZED)
0004Z.8
Page 5 of 5
•
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: .
City Clerk
City of Moorpark
766 Moorpark Avenue
Moorpark, CA 93021
RELEASE OF COVENANT AND AGREEMENT
KNOW ALL MEN BY THESE PRESENT:
THAT CERTAIN COVENANT AND AGREEMENT (entitled "EARLY GRADING
AGREEMENT") BY AND BETWEEN Lennar Homes of California, Inc. ("Developer")
and the City of Moorpark, a municipal corporation ("City"), which
Recorded , 1999 as Instrument No. 99- , of Official records,
County of Ventura, California, affecting certain real property including but not limited
to the real property described below, is hereby released and terminated as to the
obligations of the Grantor and City with respect to only the property described below:
PROPERTY DESCRIPTION:
BEING A SUBDIVISION OF LOT 3, TRACT NO. 4973, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 130, PAGES 59 THROUGH 62 OF MISCELLANEOUS RECORDS (MAPS) IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CITY OF MOORPARK, CA
By:
City of Moorpark
0004Z9