The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2000 0105 CC REG ITEM 10JCITY OF MOORPARK AGENDA REPORT To: Honorable City Council 100 (u(9) lt`4,8"2 rMM / 4. T ORNIA f � ...,_ �/' � ✓��i.Y : "� X1_.15 �+��% From: Wayne Loftus, Director of Community Development�i Date: December 29, 1999 (CC meeting of 1/5/2000) Subject: Consider Clarification Of The Terms And Conditions Of The Amended Grading Agreement Approved To Allow Construction Of Tentative Tract 4980 Lennar Homes Of California And Western Pacific Housing BACKGROUND: On August 18, 1999, the City Council approved the Final Map for Tract 4980 (Lennar) subject to approval by the City Manager and City Attorney of several supporting documents, including: an Amended Early Grading Agreement, an Agreement for Construction of Subdivision Improvements and Reimbursement and a Release of Covenant and Agreement. The purpose of incorporation of the supporting agreements was to transfer the guarantees of performance for construction of various aspects of the subdivision from Lennar Homes, (The Master Developer) to Western Pacific Homes (The Guest Builder) , who would actually perform a major portion of the land development work, including installation of the infrastructure and construction of the dwelling units. Earlier in 1999, at the City Council meeting of January 29, 1999, an Early Grading Agreement or assignment of obligation for development of the four (4) individual tracts comprising the residential component of the Carlsberg Specific Plan (Tracts 4975,4976, 4977, and 4980) was approved for Lennar Homes of California. This approval of an early grading agreement allowed Lennar Homes to commence grading and improvement work in the residential areas, prior to approval of a Final Map for any of the subdivisions. The backbone improvements including major drainage improvements and street improvements on the major (peripheral) streets (Tierra Rejada, Spring Road, and Los Angeles Avenue) and construction of Science Drive and Peach Hill Road were completed by Carlsberg. Lennar commenced grading work but later proposed to divide the responsibility as noted above to guest co- 000105 Early Grading Temis & CoridNons.doc -1 NN9 -10:34 AM 000113 Honorable City Council December 29, 1999 Page 2 builders with the amended agreement on August 18, 1999. Also, on July 21, 1999, the City Council approved the issuance of building permits for Phase I of Tract 4980, comprised of fifteen (15) dwelling units prior to approval of the Final Map on August 18, 1999. Subsequent to the City Council approval of the Final Map for Tract 4980 and the supporting agreements, the City and the Developer (Builder) for Tract 4980 have been working on the appropriate agreement language to insure that the intent of the documents is implemented and that liability and performance related to installation of improvements is appropriately assigned. Because of the conditions incorporated by City Council on August 18, 1999, concerning the transfer of liability, Western Pacific Homes was able to receive building permits for Phase I only (15 permits) in addition to the three (3) permits issued for the model homes. Phase II comprised of thirteen (13) permits was issued in error of the Council condition and was subsequently placed on hold with a "Stop Work" notice after slabs had been poured. No permit for construction of additional units has been issued since October 9, 1999. DISCUSSION: The transfer of authorization and responsibility for various development phases of a subdivision is not unusual when a Master Developer and Guest Builder are involved, however, this transfer of responsibility has not previously occurred in Moorpark. Because of some unique circumstances involved with this tract including questions related to responsibility for some development fees, the timely conclusion for acceptance of the transfer of responsibility form Lennar to Western Pacific Homes did not take place as proposed. Currently, Lennar remains responsible for the infrastructure as well as the overall grading because the Amended Early Grading Agreement to transfer responsibility to Western Pacific Housing has not received approval from the City Manager and City Attorney. Western Pacific has been performing the fine grading work and installing infrastructure improvements. Although, the title of this and other Council Agenda items includes the term "Early Grading Agreement ", also included as part of the total document package, is an agreement for construction of subdivision improvements which includes appropriate bonds to guarantee construction of the project. S:\Commun'ity Deve"entEveryonelC4 Council Agenda ReporWa- 00105 Early Grading Te"m & Condi6om.doc 12/2 M10:42 AM Honorable City Council December 29, 1999 Page 3 The Council Agenda item (attached) for the meeting of August 18, 1999, to Consider Approval of Final Tract Map 4980 included a list of bonds which remain in effect today because the Amended Early Grading Agreement has not yet been signed. New improvement bonds have, however, been provided by Western Pacific Homes and will be substituted for the Lennar bonds with the completion of the revised agreements which substitutes Western Pacific Homes for Lennar as the responsible entity for installation of the infrastructure for Tract 4980. Currently, the agreements required to substitute Western Pacific Homes for Lennar Communities have been modified by staff and reviewed by the City Attorney and they are now acceptable for signature. Because this agenda report is intended only to provide clarification to City Council concerning the status of these agreements, no action by Council is necessary. STAFF RECOMMENDATION: Receive and file this report. Attachment: City Council Agenda Report of August 18, 1999 S:ICommunity Developmen6Everyone\City Council Agenda Reportsloc- 000105 Eaq GradM Terms & Conditions.doc 12/29/9910:34 AM 000115 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 000iiG. 1oB 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 Improvements The American (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'1) Company 000 :11 7 2of3 1 E Drainage The American Improvmt $852,227.00 Insurance 11133427770 (Performance) Company Drainage The American Improvmt (Labor $852,227.00 Insurance 1-1133427770 & 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.l 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. 3of3 00011-8 NEW LO 1 � sA�ly \ BIG TRAIL CIRCLE FAR COUNTRY EXHIBIT Ci %v \ j SOUTHFOEK ROAD i. //l��ii �.�.. _ NANNY - BERRY COURT T-i,AC T N0.4980 STAGECOACH TRAIL SC \N�c BRAVO % BIG �-- i COURT COUNTRY COURT SILVER- ', BELL 1 CIRCLE BL►IE- WOOD -+ COURT TRACT N0. 4977 1 BRISTLECONE CIRCLE TRACT N0. 49i0'^ TR_1 000119