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Home My WebLink AboutAGENDA REPORT 2002 0501 CC REG ITEM 11CMOORPARK CITY COUNCIL AGENDA REPORT ITEM -1( , C.- CITY OF MOORPARK. CALTFORNTA City Council Alecting of 5-- / -� ACTION: - 2L BY: TO: The Honorable City Council FROM: Deborah S. Traffenstedt, Acting Community Development Director �1) 5I Prepared By: Joseph F. Fiss, Principal Planner DATE: April 17, 2002 (CC Meeting of 5/1/02) SUBJECT: Consider a Request for the Release of Sureties for Improvements Associated with Tract 4980, Residential Planned Development No. 98 -06, Specific Plan No. 92 -01 BACKGROUND Tract 4980 is known as "Cantara" and is the most northerly of the tracts within the Carlsberg Specific Plan, also known as "Serenata" (Attachment 1). The applicant was originally required to post a bond for construction of trail improvements throughout the tract under Resolution No. 96 -1230. Minor Modification No. 2, approved by Resolution No. 99 -1609, allowed for modification of the trail system which included an allowance for payment of an in -lieu fee in exchange for reduction of the trail system to be constructed. Minor Modification No. 3, approved by Resolution No. 2000 -1750, approved payment of an in- lieu fee of $46,750 to allow reduction of the trail from 10,520 feet to 5,850 feet. The trail was removed from the portion of the Carlsberg Specific Plan that is encompassed by this tract (Tract 4980) and no further trail construction was required. The trails on the other portions of the Carlsberg Specific Plan have been constructed by the developers of the other tracts and have been inspected by the Community Services Director. DISCUSSION Western Pacific Housing, the developer requested the exoneration of the surety development of the trail (Attachment 2). of Tract associated As there i 4980, has with the no trail Honorable City Council May 1, 2002 Page 2 system to be constructed within Tract 4980, staff supports this request. Provided below is a chart describing action recommended by staff: Bond Number Type Bond Amount Recommendation SDO0100544 Trail Improvements $34,500.00 Release STAFF RECObMNDATION Authorize the City Clerk to release surety #SD00100544 for $34,500.00. Attachments: 1. Vicinity Map 2. Letter Requesting Bond Exoneration S: \Community Development \Everyone \City Council Agenda Reports \cc - 020501 Bond Exoneration Agenda Report Tract 4980rev.doc Y 1'% C/A \ I1 .i ' r• �~ ^.,�Jr ' • �: i�. ` ,. � ni i r � t --•— rt� is _ __ - fy f vt q; r gj `� «i i SIT 1-� ,r N'�• r � i �� _ r•I, _ _ �� - '111 :.� . _ 1 � .x . • ., .,� r� { 'h Irr;a+y.Y Y t 1 •��•�N8E1 ` � G711.:]:w"' � L IL nn �, , l t' �✓ r �• TRAIL SYSTEM MAP „Western Pacific Housing LOS ANGILIS /VINTU”, COUNTY DIVISION March 12, 2002 Joseph F. Fiss Principal Planner Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 Re: Request for Bond Exoneration Tract 4980, Cantara Dear Mr. Fiss: I just wanted to follow -up on my letter of January 12, 2002 requesting the exoneration of bond for Trail Improvements. Bond Number Amount Description SD00100544 $34,500 Trail Improvements Trail Improvements were not required for our development, we were asked to bond for it until the City completed the Conditions of Approval. I have attached a copy of the bond for your review. Please let me know if you require any additional information. Sincerely, Sandy Sanchez Western Pacific Housing (310) 665 -3700 main (310) 665 -3743 direct (310) 665 -3799 fax ssanchez@wphi.com Enclosures C: Brent Reed Dusty White ATTACHMENT 2 670I CENTER DRIVE WEST. SUITE 900. LOS ANGELES, CA 90045 TEL 310.665.3700 FAX 310.665.3799 RECEIVED 1 q 7001 "ISSUED IN DUPLICATE" SURETY fiONO MONO NO- SDO0100544 PERFORMANCE AND PAYMENT PREMI UM: $190.00/2 YEARS WHEREAS, the City of Moorpark, Stott of California, and WESTERN PACIFIC HOUSING - CARLSBERG RANCH, LLC, a Oclaaorc limited liability company, hcreinaftcr dcr.ignatcd as Principal, have entered into on agreement +V hereby Principal oy,uus to inyLall 0,Nd co-pintr oerLaio des;Q•.eted improvemc:nls, which sbid egrnt.nent dated 19 and identified as Project Trail • Tra1- 44Fi[l , is hereby referred to and ma-de- a par herea and WHEREAS, said Principe -i i:; required, undar the terms of :aid agreement, to furnish a bond for the Faithful performance•_of said agrpoment. NOW, Til[REFORE, we the Principal and the und,&reigned, a. corporate surety, are hold and firmly bound unto ehu G yy OF NN�OgRpARK h•rctnafce culled " it Os p�� jcr, in th- penal sum of THIRT ��UR Tti0U5AN� TIVE HUMORED ANb I6d 1001HS� .,Y -. z.�. passers (s �lsw>u9' money or Cho Unitod States, for tine payment of vvnnen sum well Vn truly to he made, Wo- end out s jv. our heirs, succeasors, e:eecutors and administrators. jointly and severally. firmly by these presents. Tho condition of this obligation ty such that if the obovo- boundon Principal, his or ita heirs, executors, administrators, Mucccz* ore or ospipno, *hall in all thing* *tand to and obida by, and wail and truly keep and perform the covenants, conditions, and Provisions, in tha said ogrccmcnt and any aiteraLion thereof mode 00 therein provided, on his or their port, to be kept and performed at the time and in tl,c manner therein opecificd, and in all respccts according to their true intent and meaning, and shall indemnify and •ava hormlcss City, its officers, ngonts, consultants and employees as Lhercin stipulated, IL Lhis obligation shall bccoma null end void, otherwise, it'.hal� be remain in #ell force and effbel•. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included cost: and roasonablo expanses and fDcs, including r9asonablss attorney's fags, incurred by CiLy in successfully enforcing such obligation, all to by taxed as costs and included in any Judgmvnt rendered; and WHEREAS. under the terms of acid agreement, Principal is required before entering upon the performance of the work, t0 file n good end SLtfficiCnt poymcnt bond with the City of Moorpark to Occurc the cloim* to which reference is made in Title 15 (commencing with Section 3082) of Port 4 of Division 3 of L•he Civil Cock of the State of California. NOW, THEREFORE said Principal and the undersigned, as corporate surety, are held firmly bound unto the CITY OF M06RPARK and all contractors, subcontractors, laborers, materialmen and other persona employee In the performance of the aforesaid agreement and referred to in the aforesaid Civil Code In the 11144. sum of TWTR7y.- l=[111i7 'rltf14MI Ft�1 1l�lj�p FR 21jQ�/�nQYFdC Oollars u�� Q� Q — )'for ma- �'cerials Furnis ed or IA tTiareon of any kind,, or for amounts due nder' the Unecnploymenc Insuranat- Act with retpcce to such work or labor, or for any amounts required to be deduoLed, withhold and paid over LO the Franchise Tax Board from the wages of employees of the contractor and tits .ubcontractdrs pursuant to Section 18806 of the Revenue and Taxation Code, thOt said Surely will pay tho soma in an amount not exceeding the amount hereinabove set forth and, also, in 03-40 suit is brought upon tiis bond. will pay, in addition to the lace amount thereof, costs and reasonabl expenses and fees, including reasonable attorney's fees, incurred by City to successfully enforcing :uch obligation, to be awarded and fixed by tho Court, and to be taxed yes co3ta and to bo ineludud in thO JudDMOAL• thoruin ronderad. It i; hereby expressly otipulotcd and agreed that this bond 3holl inure to Cl.c bcncfii; of any and oil persons, eon, anion, and corporations entitled to fflc claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to dive a right of action to them or their assigns itl- any Suit brought upon this bond_ Should Lha condition of this bond he fully performed, then tilts obligation shall become null and void; otherwise, it &hall be and remain in Tull foren and offect, The Surety hereby stipulates and agrees that no elianco, oxton5l0h of ti'no, 31t0r0tion or addition to the terms of °aid acrcomont or to the work to be performed thcrcundcr or the specifications accompanying the camo shall in any wise affect it* obligations on this bond, and it doe* hereby waive notice of any such Change, cxtcnaion of time, alteration or addition to the locos of the ogrcceucnt or to the work or to the opccifieotionb. IN WITNESS WHEREOF, this instrument has been fully executed by the Principal and Surety above named an August 3, 1999_ WESTERN PACIFIC HOU INC- CARLSBERG RANCH, LLC, a Delaware , INC. 1 obiltoy comp:ir by AP Lltl, INC., Cal�jort+�i rp flan, Managing Member �/�1�� ray 6101 West Centinela Avenue, Suitt 155 Culver City, CA 90230 / FRONTIER INSURANCE COMPANY By.--- DAVID C. BANFER, ATTORNEY -IN -FACT 4250 Executive Square, Suite 3o0 L•a Jolla, CA 92037 619 - 642-5010 T &-, -159 . v.r. -.�