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HomeMy WebLinkAboutAGENDA REPORT 2000 0503 CC REG ITEM 11F ITEM 11 • F 0 i i' OF 1-10ORPARK,CALIFORNIA cis council Meeting nf ACT.ON': CITY OF MOORPARK AGENDA REPORT BY: TO: The Honorable City Council FROM: Dirk Lovett, Assistant City Engineer Prepared by Scott Lawson, Assistant Civil Engineer DATE: April 10, 2000 (CC meeting of 5/3/2000) SUBJECT: CONSIDER APPROVAL OF FINAL MAP TRACT 4976 (LENNAR HOMES) BACKGROUND The subject tract is located south of New Los Angeles Avenue and is bordered by Science Drive to the west and the 23 Freeway to the east . A location map is attached for your reference (see Exhibit A) . Tentative Tract Map 4976 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 October of 1999, the City Council authorized the developer to import 13, 000 yards of soil from Tract 4977 . Roughly 19, 000 yards of soil was actually stockpiled and was subsequently approved by the City Council . On December 1, 1999, the City Council approved an Early Grading Agreement which allowed Lennar Homes to commence construction on the site and obligated them to the conditions and improvements specified in the Tentative Map. Limited grading (model complex only) of the site commenced February 2000 . DISCUSSION The final map for Tract 4976 represents a land division of 81 . 13 acres into 160 residential lots . There are fifteen ( 15) parcels designated for open space and public parks . Parcels designated OS-13, OS-14 and P-1 are offered for dedication to the City for public park purposes and will be designated as Miller Park when the facility is dedicated. loft 00011 The final map has been reviewed by City staff . The map is technically accurate and substantially conforms to the tentative map approved by the City Council . All conditions required for the recordation of this map have been satisfied. An "Agreement for Construction of Subdivision Improvement and Reimbursement" (Subdivision Improvement Agreement ) between the City of Moorpark and Lennar Homes has been prepared (Exhibit B attached) and will replace the Early Grading Agreement . As such, a " Release of Covenant and Agreement" for the Early Grading Agreement has also been prepared (Exhibit C attached) . A copy of the final map is on file at the City Clerk' s office . Sufficient bonds, to guarantee all improvements in Tract 4976, are currently on file with the City, pursuant to the Early Grading Agreement . These bonds will be retained under the Subdivision Improvement Agreement until all work has been completed and accepted by the City. STAFF RECOI4MNDATIONS 1 . Approve the Final Map for Tract 4976 along with the Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Lennar Homes of California, Inc . ; and 2 . Authorize the Mayor and City Clerk to sign the Final Map Title Sheet , Agreement for Construction of Subdivision Improvements and Reimbursement, and Release of Covenant and Agreement; and 3 . Authorize recordation of the Final Map for Tract 4976, the Agreement for Construction of Subdivision Improvements and Reimbursements, and Release of Covenant and Agreement . 2of2 0001'1.� EXI IIL31T A �CF. N TRACT N0. 4980 OLIVE PEACH COFFEETREE TRACT N0. 4978 \ , STREE- L ROAD LANE ALDER \ CIRCLE / \ LOT 3 \ H� 1 MANGROVE STREET ZLOT a �;\ \ LAUREL PERSIMMON LANE STREET ` I� TRACT N0. 4977 TRACT NO 4975 a� G i TIERRA REJApq� 000-11 EXHIBIT B RECORDING REQUESTED BV: 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 2000, by and between, LENNAR MOORPARK, L.L.C., a California Limited Liability Company, hereinafter referred to as "Developer", and the City Of Moorpark, California, a municipal corporation, hereinafter referred to as "City": RECITALS: WI-IEREAS, Developer desires the City's approval of a Final subdivision map for Tract No. 4976 ("Final Map") and commonly referred to as ("Subject Tract"); and WIIFREAS, 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. 4976 ("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: I. 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). 99-ML-10602 , except those pages related to grading, on file in the office of City's Public Works Director, all water and sewer systems described in Ventura Count% 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. 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. Developer hereby acknowledges and agrees that any delay in the completion of the Improvements that is caused by delay in completion of the grading pursuant to that certain Early Grading Agreement made and entered into on April 5, 2000 by and between Lennar Homes of California, Inc. and City shall not be deemed the fault of Cite and City shall have no obligation to extend the time for completion of the Improvements as a result of in the completion of the grading. Page I of 5 0001 CITY OF MOORPARK 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 the Ventura County Water Works District. (b) Ali 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 oil forms approved by City and shall be in an amount equal to one hundred percent ()00%) of the estimated cost to construct and complete the Improvements, which estimated cost (a) Streets - Performance and Payment, each $791,493.00 (b) Drainage - Performance and Payment, each $454,015.00 (c)Trail - Performance and Payment, each $56,320.00 (d)Grading/Erosion - Performance $209,209.00 (e) Monuments - Performance $92,305.00 Total $1,603,342.00 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. Pa.c 2 of5 0001111 --. CITY OF MOORPARK 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. 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. 1 1. Developer shall indemnify, defend with counsel approved by City and hold harmless Cite, 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 stature between City and Developer. 13. phis Agreement constitutes the entire agreement of the parties concerning the subiect niatter hereof*and all prior agreements or understandings, oral or written, are hereby merged herein. I'his 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. ('arc 3 of 5 U001'1 t 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 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 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: Lennar Moorpark, L.L.C. 25129 The Old Road, #316 Stevenson Ranch,CA 91381 Attn: Darin Hansen Project Manager 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. Pagc 4 of 5 00011 CITY OF MOORPARK LENNAR MOORPARK, L.L.C., a California Limited Liability Company BY LENNAR HOMES OF CALIFORNIA, INC a California Corporation Its Manager By: (Vice-President, Robert Santos) (TO BE NOTARIZED) "DEVELOPER" CITY OF MOORPARK, a municipal corporation of the State of California By: (Patrick I lunter, Mayor) (Seal) Attest: (CITY CLERK) "CITY" Page 5 of 5 , 0001 ..' EXHIBIT C RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Moorpark 799 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 FOR LOT 1 OF TRACT MAP NO. 4974") BY AND BETWEEN Lennar Homes of California, Inc. ("Developer") and the City of Moorpark, a municipal corporation ("City"), which Recorded (pending) as Instrument No. (pending), 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 Developer and City with respect to only the property described below: PROPERTY DESCRIPTION: BEING A SUBDIVISION OF LOT 1, TRACT NO. 4974, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 130, PAGES 63 THROUGH 66 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CITY OF MOORPARK, CA By: City of Moorpark 00011 "-.