HomeMy WebLinkAboutAGENDA REPORT 2000 0607 CC REG ITEM 11HTO:
FROM:
DATE:
SUBJECT:
BACKGROUND
CITY OF MOORPARK
AGENDA REPORT
The Honorable City Council
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ITEM
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Dirk Lovett, Assistant City Engineer
Prepared by Scott Lawson, Assistant Civil Engineer
May 23, 2000 (CC meeting of 6/7/2000)
CONSIDER APPROVAL OF FINAL MAP TRACT 4975 (LENNAR
HOMES)
The subject tract is located south of New Los Angeles Avenue and
is bordered by Science Drive to the west, Tierra Rejada Road to
the south and the 23 Freeway to the east. A location map is
attached for your reference (see Exhibit A).
Tentative Tract Map 4975 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 May 17, 2000, 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.
DISCUSSION
The final map for Tract 4975 represents a land division of
108.78 acres into 127 residential lots, which is a reductiom of
18 lots from the original City Council approved map of 145 lots.
This reduction (see attached letter - Lennar Communities) in the
number of lots for this tract map is the result of actions taken
by Federal and State agencies to protect the existing vernal
pool and its drainage basin which is located in the southeast
portion of the tract. There are thirteen (13) parcels
designated for open space.
0002591
Honorable City Council
Tract 4975
June 7, 2000
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 4975,
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 RECO14MENDATIONS
1. Approve the Final Map for Tract 4975 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 4975, the
Agreement for Construction of Subdivision Improvements and
Reimbursements, and Release of Covenant and Agreement.
Attachments:
Exhibit A
Exhibit B
Exhibit C
Letter - Lennar,
Reduction in Lots dated 5 -25 -2000
000292
EXHIBIT A
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EXHIBIT B
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 , 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 -tows "City ":
RECITALS:
WHEREAS, Developer desires the City's approval of a final subdivision map for Tract No. 4975 ( "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. 4975 ( "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). 99 -ML -10616 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 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. 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 May 17, 2000 by and between Lennar Homes of California, Inc. and City shall not be
deemed the fault of City 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 1 of 5
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) 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
(a) Streets - Performance and Payment, each $1,082,686.00
(b) Drainage - Performance and Payment, each $1,181,866.00
(c) Trail - Performance and Payment, each $19,525.00
(d) Grading — Performance $617,760.00
(e) Monuments — Performance $112,258.00
Total $3,014,095.00
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.
29
Page 2 of 5
CITY OF MOORPARK
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.
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.
Page 3 of 5 00 9 G
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.
Page 4 of 5 29 ,
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
li
(Patrick Hunter, Mayor) (Seal).
Attest:
(CITY CLERK)
"CITY"
'
Page 5 of 5
Zx
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 5 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 5, 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
e dn
Communities
May 25, 2000
Mr. Wayne Loftus
Director of Community Development
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
RE: Tract 49751 Reduction in lots
Dear Mr. Loftus:
Please except this letter as a formal request to reduce the number of lots in Tract No_ 4976 from 145 to
127 respectively. As we discussed in the past, as part of the environmental agency's request, we were
required to redesign the lots and roadways located in the watershed of the vernal pool and Lyon's
Pentacheta preserve area. The redesign resulted in a total loss of 97 lots as required by the agencies_
Listed below is a brief description of the agency's reasons for the lot reduction.
Vernal Pool Watershed: The agencies wanted additional separation between the homes within the
watershed and open space_ They felt that this redesign would allow the water to flow in a more natural
method than the pervious design. The redesign eliminated the water from flowing through long
underground storm drainpipe and allowed for mostly surface drainage_ The agencies were
uncomfortable with underground drainage devices because of the possibility of the inlet structures
becoming obstructed by debris preventing water from entering the pool and adversely effecting the
endangered species. Due to the redesign, we lost 7 lots.
Lyon's Pentacheta: To avoid significant impacts to the Lyon's Pentacheta preserve area, we pulled
back the development on Crabapple Court. We were required to have a second survey prepared and it
located additional species within the development area_ Due to the redesign, we lost 17 lots.
I hope this letter gives you adequate information regarding the reduction in lots_ If you have any
additional questions, please feel free to call at (661) 799 -2483.
ITIES
Manager
CC: Dirk Lovett, City of Moorpark
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