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Home My WebLink AboutAGENDA REPORT 2001 0221 CC REG ITEM 11FITEM 8.00M % / • F. of AC ikON: City of Moorpark BY: Agenda Report TA - _.a.r.Q TO: The Honorable City Council FROM: Walter Brown, City Engineer (Prepared by: Jim Alcala', Associate Civil Engineer) DATE: February 1, 2001 SUBJECT: Consider a Request for the Release of Sureties for Improvements Associated the Rite Aid /Kindercare Development, Parcel Map 5001, CPD 95 -1 The Rite Aid /Kindercare Development is located on the northwest corner of Tierra Rejada Road and Spring Road. A vicinity map has been attached for reference. On March 11, 1998, an Agreement for Construction of Subdivision Improvements between marketplace Partners 3, L.P., "Developers ", and the City of Moorpark was entered into for development of improvements associated with Major Modification No.l, Tentative Map No.5001. All construction is complete. DISCUSSION The Developer has requested the exoneration of two remaining sureties and any funds remaining on file with the City of Moorpark, associated with the above - mentioned development (see chart below). Attached are letters submitted by the Developer noted as Exhibits "A" and "B ". 0 001 ; 11 Honorable City Council Rite Aid/ Kindercare Development January 23, 2001 Page 2 of 3 On October 6, 1999, Council released two bonds, reduced two others and left one cash deposit to cover costs incurred by the City for work during the time of authority for a Temporary Certificate of Occupancy. These sureties and cash deposit guarantee onsite and offsite improvements as well as costs incurred by the City in administering the work. All work covered under the grading and drainage, the street improvement and stockpile sureties have been completed. A performance surety #814053S for $35,000 was to cover the completion of remaining building items, onsite parking lot lighting, grading and drainage and temporary stockpile work and all are complete. The one -year maintenance period has expired. This bond was reduced to $15,000 on October 6, 1999. It is staff's recommendation that this surety now be released. On October 6, 1999, Council also reduced the Street Improvements bond #444013S to $14,214. This work has been completed and the one -year maintenance period has expired. It is the staff's recommendation to also release this bond. A full accounting of costs related to this project was completed on June 27, 2000 and reviewed by the Department of Community Development. It was determined that there were excess entitlement funds remaining from the initial processing deposits and the Developer was entitled to a refund in the amount of $5,962.55. A check in that amount was subsequently sent to the Developer. No cash funds remain the account. Provided below is a chart describing recommended actions by staff: 0100127 BOND NO. TYPE BOND AMT. RECObMNDED ACTION 1 4440135 P &P- Street $14,214.00 Release Improvements 2 814053S Performance- $15,000.00 Release completion of bldg. & site work 0100127 Honorable City Council Rite Aid/ Kindercare Development January 23, 2001 Page 3 of 3 STAFF RECObMNDATION 1. Authorize the City Clerk to release surety #4440135 for $14,214 as outlined above. 2. Authorize the City Clerk to release surety #8140535 for $15,000 as outlined above. Attachment: Vicinity Map Exhibit "A" &. "B" C°00112" S ." . iF.-, ,, 71,R)?4 let 1,11) 1 1.10,11, 'Y- DETAIL TOE PRAIN *4 02 f Y/ /< F j) P, S�P-4-w 344 THE FAVREALf GROUP TENTATIVE PARCEL MAP CIVIL ENGINEERING NO cool Z; MY or Marketplace Properties 2eca Es, crte Development 13522 Newport Avenue. Suite '.00 TI -Sun. CA 92780 (7'.4) 731.8888 FAX (714) 730-3525 VIA FACSIMILEIMAIL Mr. Wayne Loftus Community Development Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 February 24, 2000 Re: Rite Aid /Kindercare Development Dear Wayne: Don Howard has advised me that there are still further delays in the return of our deposit that was cleared for release pursuant to a November 2, 1999 correspondence we received from the City Clerk (see enclosed copy). As indicated in the November 2, 1999 letter from the City Clerk, the $5,000.00 cash deposit was released at a Special Meeting on October 6, 1999 and was to be released upon verification by you that the Parcel Map 5001, CPO 95 -1 project account was not in deficit. (Note: the deposit was made in connection with a soil stockpile that was removed in mid 1998!) Since that date we have been waiting patiently for the release of the $5,000.00 deposit and it is not clear to me why the City is still holding this deposit. The project was completed last year and all the requirements have been met for the release of the deposit. We have also been informed by you that the parking lot light mitigation program has been accepted also t Q�n nn tl �c cnncit f 7t ,u 1 :�y file City and we should now aiav receive a the W . V, V V....7 cash d,.,.csif .h_...as put in place for the Temporary Certificate of Occupancy. The only remaining item that Don Howard has informed me requires completion on our part, is some minor landscaping punch list items that %vere referenced in a correspondence a couple of weeks ago from the City's landscape consultant. Don will be sending you under separate cover, verification of the completion of these items. I have also enclosed for your benefit a listing of all fees and deposits we have paid to the -ty of %lcorpark for this project. If your accounting department is having problems reviewing our account. perhaps this will be of some he,o. As you can see, we have contributed a total of �1 54.046.80 In fees and deposits 'or this projct. We are not aware of any more fees due the „s you will recall, at the initiai C;,y Cou ,7.: :i meeting concerning the parking lot lights, the _ounc :i :ndicatea that 'he City should waive any additional fees incurred by the City with regard 'o 'he c3rkinc ;ct ':g ~t mitigation program bec, use we installed fixtures spec;ficaily approved by ..r =3rtmer' Ccrseq::ently• no fees snoLA be assessed for *,his particular item. Member of /% / Internation•ji t: ,L,nc;: e ` )f Sho�on n•; ,Cxr8� T ;4 Mr Wayne iLoftus � FeDruary 24. 2000 Pace 2 ' I wouid appre;.;ate your finalization of this master and immediate release of the S5.01100.00 stockpile :deposit and the 510,000.00 deposit for the TCO. Since we are ccmp;e:e with all building an : site work, 'he bond '"814053S that was reduced to $ 15,000.00 should be released in its entire :y Thank ycu for your anticipated cooperation. MMR.:r enc!cs -:re cc: Steve .C.�. Sincerely yours, MA KE T PLACE PROPERTIES GI Micnaei M. Rue President 000131 Marketplace Properties . <eai Estate ieve=rnenc i-H22 Nero on AVen.ue :e :0,' T=in 'At . :3275C '714) 73i-�E8c -'AX. VIA FACSIMILE.,MAIL Mr. Steve Kuem✓ City Manager Citv of Moorpark 799 Moorpark Aven::e Moorpark. CA 93021 April 27 2000 r 1 nn� i .. �i.ut7 Re: Rite Aid /Kindercare Project at NWC of Tierra Rejada Road and Spring Road, Moorpark, CA Dear Steve: The City of L1corpar; :s hoiding our $15,000 case --epos:, ana a S15.000 bor:a. both of %vnlc :, snculd have teen re e.=seo at least two months ago. The derosit and the bona were posteo 'o secure ccmpiet +or; cf m nor site work items wnic� were ail completed quite some time ace. Enclosed is a ccay of my ietter of February 24. 2000 to 'Vvayne Loftus requesting the release of the deccsit and 'Coro. i regret to have to involve you in this matter but our repeated requests of Wayne to resolve this matter have not wcrked. We have ,vcrhed in good faith with you and your staff to - esc%,e several items (e.g.. parklna ic: lient g,are, iandscac,ng around light pole bases. etc.` at cur own expense and we are extremely `rustra:e-�: ' "at :hese deposits and bond (which were c=eo as security for resolution of , ,e acove :tems, na"e not Been released. ._ .vcu d ac,,rer-.a' :e /our rrimedlate attentioo to this Elivaiiv Sincerely yours. M RKE T PLACE ?RCPE7RTIES L- c el M .Rue P:eZ :cent RECEIVED W ` I City of hfoorparic '.ommunity Oevrlopm,{ 0 () 0131? � Member of 0) International Cjunctl )t shopping Centers