HomeMy WebLinkAboutAGENDA REPORT 2021 0707 CCSA REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 7, 2021
ACTION APPROVED STAFF
RECOMMENDATIONS. (VOICE VOTE:
UNANIMOUS).
BY B. Garza.
A. Consider Temporary Construction Easement Agreement for APNs 512-0-220-375
(Agnew) and 512-0-160-820 (May); Consider Temporary Construction Easement
Agreement and Acceptance of Grand Deed for APNs 513-0-022-145, 512-0-470-
075, and 512-0-470-085 (The Bennett Partnership); and Consider Utility
Agreement Between the City and Ventura Waterworks District No. 1 for the
Princeton Avenue Improvement Project. Staff Recommendation: 1) Approve
Temporary Construction Easement Agreement Between the City of Moorpark and
Howell Catherine Agnew, authorize payment in the amount of $1,282, authorize
the City Manager to sign the Temporary Construction Easement Agreement, and
authorize the City Clerk to record the Agreement with the Office of Ventura County
Recorder; and 2) Approve Temporary Construction Easement Agreement Between
the City Moorpark and Clifford and Catherine May, authorize payment in the
amount of $11,660, authorize the City Manager to sign the Temporary Construction
Easement Agreement, and authorize the City Clerk to record the Agreement with
the Office of the Ventura County Recorder; and 3) Approve Temporary
Construction Easement Agreement Between the City of Moorpark and Bennet
Partnership, authorize payment in the amount of $53,000, authorize the City
Manager to sign the Temporary Construction Easement Agreement and Certificate
of Acceptance for said Grant Deed, and authorize the City Clerk to record the
Agreement and Certificate of Acceptance with the Office of the Ventura County
Recorder; and 4) Approve Utility Agreement Between the City of Moorpark and
Ventura County Waterworks District No. 1 for the Princeton Avenue Improvement
Project and authorize the City Manager to sign the Agreement subject to final
language approval of the City Manager. (ROLL CALL VOTE REQUIRED) (Staff:
Daniel Kim, City Engineer/Public Works Director)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 07/07/2021 Regular Meeting
SUBJECT: Consider Temporary Construction Easement Agreement for APNs
512-0-220-375 (Agnew) and 512-0-160-820 (May); Consider Temporary
Construction Easement Agreement and Acceptance of Grand Deed for
APNs 513-0-022-145, 512-0-470-075, and 512-0-470-085 (The Bennett
Partnership); and Consider Utility Agreement Between the City and
Ventura Waterworks District No. 1 for the Princeton Avenue
Improvement Project
SUMMARY
The City Council approved the conceptual design for the Princeton Avenue Improvement
Project and directed staff to proceed with the completion of the plans, specifications, cost
estimates, and acquisition of the required right-of-way and construction easements.
There are several temporary construction easements that were previously acquired by
the City but have since termed on December 31, 2020 or require fair market
compensation. Because the project is federally funded, the City is required to prepare a
Right-of-Way Certification for California Department of Transportation (Caltrans) and
Federal Highway Administration (FHWA) clearance before construction can proceed. As
part of the Right-of-Way Certification submittal package, several new temporary
construction easement and utility agreements will need to be considered by the City
Council.
BACKGROUND
On July 1, 2009, the City Council approved the conceptual design for the Princeton
Avenue Improvement Project and directed staff to proceed with the completion of the
plans, specifications, cost estimates, and acquisition of the required right-of-way and
construction easements. The current scope of improvements for the project includes the
widening of the roadway and construction of two vehicle travel lanes, dual left-turn lane,
Class II bikeways, sidewalks, curb and gutter, retaining wall structures, storm drainage
infrastructure, landscape and irrigation improvements, and utility relocations.
Item: 9.A.
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Honorable City Council
07/07/2021 Regular Meeting
Page 2
The City has acquired the required right-of-way for the permanent improvements to
Princeton Avenue. However, several temporary construction easements needed to
construct the improvements that the City previously acquired have expired. Because the
project is federally funded, the City is required to prepare a Right-of-Way Certification
before construction can proceed. The purpose of the Right-of-Way Certification is to
document that any interests necessary for the project have been, or are being secured,
and physical obstructions including buildings, utilities, and railroads have been, or will be
removed, relocated, or protected as required for construction, operation, and
maintenance for the project. The FHWA is the federal agency that is involved in the
federal funding and has delegated its authority to Caltrans. The Right-of-Way
Certification will require clearance and acceptance by Caltrans before construction can
proceed.
Staff has been working closely with the City’s consultant design engineer, Stantec
Consulting, and right-of-way agent, Hamner & Jewell Associates, on preparation of the
Right-of-Way Certification documents for submittal to Caltrans. As part of the submittal
package, several temporary construction easement and utility agreements will need to be
considered by the City Council.
DISCUSSION
Local agencies that are actively involved in right-of-way acquisition and relocations must
comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970. The Uniform Act must be adhered to on all local agency projects, even if no
federal funds are used for the acquisition. Attachment 1 is a general information booklet
prepared by Hamner & Jewell that describes right-of-way acquisition by a local, public
agency and the Uniform Act. This booklet was also provided to the affected property
owners that the City is seeking construction easements from.
As previously mentioned, there are several temporary construction easements that were
previously acquired by the City but have since termed on December 31, 2020 or require
fair market compensation. Therefore, the City will require new temporary construction
easements from three property owners, and they are as follows:
1. APN 512-0-220-375 (formerly 512-0-220-185)
Property Owners: Howell Agnew, Catherine Agnew
Area: 178 square feet
2. APN 512-0-160-820
Property Owners: Clifford Charles May, Christine Donna May
Area: 2,408 square feet
3. APN 513-0-022-145, 512-0-470-075, 512-0-470-085
Property Owner: The Bennett Partnership
Area: 10,825 square feet (total)
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Honorable City Council
07/07/2021 Regular Meeting
Page 3
Temporary construction easements are rights that are granted to use real property
belonging to another entity or party for a limited period of time for roadway construction
purposes. The proposed roadway widening along Princeton Avenue requires significant
grading improvements and construction of retaining walls on both sides. Often times on
large, complex grading improvements, the footprint of the construction work area expands
beyond the limit of the proposed improvements, and therefore, construction easements
are needed to gain access to the areas owned by others. The frontage improvements
along the Agnew and May properties will include roadway widening, new sidewalk,
retaining wall, drainage structures, and manufactured slopes. Figure 1 highlights, in red,
the temporary construction easement required to construct the proposed improvements
along the Agnew and May property frontage. For reference, the Agnew and May
properties are along the north side of Princeton Avenue, at the western project limit.
Figure 1: Frontage Improvements Along Agnew and May Properties
The frontage improvements along The Bennett Partnership (Fence Factory) property will
include roadway widening, new sidewalk, retaining wall, drainage structures,
manufactured slopes, and a new driveway. Figure 2 highlights, in red, the temporary
construction easement required to construct the proposed improvements along the
Bennett Partnership property frontage.
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Honorable City Council
07/07/2021 Regular Meeting
Page 4
Figure 2: Frontage Improvements Along The Bennett Partnership Property
Hamner & Jewell prepared all valuations and appraisals for the temporary construction
easement offers to the property owners, based on a 48-month term. The easement
agreements were also reviewed by the City Attorney’s office to ensure compliance with
the Uniform Act. The construction easement term needs to cover the time period from
the agreement execution date through construction completion. The 48-month term is a
conservative timeframe that staff feels is appropriate for the project. The temporary
construction easements will commence upon execution of the Agreement by the City and
will terminate 48-months thereafter or on the date the City records a Notice of Termination
of the easement, whichever is sooner. Payment to the easement grantor/property owner
must be made within 30 days of City acceptance of the Agreement. For your reference,
the Temporary Construction Easement Agreements, offer letters, and valuations are
provided as Attachments to the staff report.
Table 1 provides a summary of the three (3) new, temporary construction easements and
the offer amounts.
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Honorable City Council
07/07/2021 Regular Meeting
Page 5
Table 1: Summary of Temporary Construction Easements
APN No. Property Owner(s) Total Area (sqft) Offer Amount
512-0-220-375
(512-0-220-185)
Howell Agnew
Catherine Agnew
178 $1,282.00
512-0-160-820 Clifford Charles May
Christine Donna May
2,408 $11,660.00
513-0-022-145
512-0-470-075
512-0-470-085
The Bennet Partnership
(Fence Factory)
10,825 $53,000.00
$65,942.00
In addition to the construction easements, a separate Utility Agreement is needed
between the City and Ventura County Waterworks District No. 1 as part of the Right-of-
Way Certification. This Utility Agreement will reference the existing Amendment No. 1 to
Agreement for Adjusting to Grade Surface Facilities Required by City of Moorpark
Pavement Rehabilitation Projects and Board of Ventura County Waterworks District No.
1 Action, dated October 6, 2015. In summary, the City will relocate Waterworks District
No. 1’s sanitary sewer and domestic water facilities as part of the Princeton Avenue
Improvement Project. On October 6, 2015, the Board of Ventura County Waterworks
District No. 1 authorized reimbursement payments to the City, in a total sum not to exceed
$450,000, for the relocation of its facilities. Attachment 5 is the Utility Agreement for City
Council’s consideration.
FISCAL IMPACT
The project’s budget account for Land Acquisition (2014-311-C0020-55100) currently has
$4,633.46 of available funds. An additional $62,000 is needed to account for the
difference needed for the new construction easements. A budget line item adjustment
from the Infrastructures account (2014-311-C0020-55200) will be processed to cover this
$62,000 increase for Land Acquisition.
At this time, staff is not requesting new appropriations to the project budget. However,
during the construction contract phase of the project, staff may present new
appropriations to the Council for consideration. Table 2 provides a summary of the budget
line item adjustment from Infrastructures to Land Acquisition.
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Honorable City Council
07/07/2021 Regular Meeting
Page 6
Table 2: Summary of Budget Line Item Adjustment
Account No.
2014-311-C0020
Current Remaining
Budget
Revision
Amount
Amended
Remaining
Budget
-55200 Infrastructures $5,358,463.91 ($62,000.00) $5,296,463.91
-55100 Land Acquisition $4,633.46 $62,000.00 $66,633.46
Total $5,363,097.37 $0.00 $5,363,097.37
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Approve Temporary Construction Easement Agreement Between the City of
Moorpark and Howell and Catherine Agnew, authorize payment in the amount of
$1,282, authorize the City Manager to sign the Temporary Construction Easement
Agreement, and authorize the City Clerk to record the Agreement with the Office
of the Ventura County Recorder; and
2. Approve Temporary Construction Easement Agreement Between the City of
Moorpark and Clifford and Catherine May, authorize payment in the amount of
$11,660, authorize the City Manager to sign the Temporary Construction
Easement Agreement, and authorize the City Clerk to record the Agreement with
the Office of the Ventura County Recorder; and
3. Approve Temporary Construction Easement Agreement Between the City of
Moorpark and The Bennett Partnership, authorize payment in the amount of
$53,000, authorize the City Manager to sign the Temporary Construction
Easement Agreement and Certificate of Acceptance for said Grant Deed, and
authorize the City Clerk to record the Agreement and Certificate of Acceptance
with the Office of the Ventura County Recorder; and
4. Approve Utility Agreement between the City of Moorpark and Ventura County
Waterworks District No. 1 for the Princeton Avenue Improvement Project and
authorize the City Manager to sign the Agreement subject to final language
approval of the City Manager.
Attachment 1: When a Public Agency Acquires Your Property, Hamner & Jewell
Associates
Attachment 2: Temporary Construction Easement Agreement, Agnew
Attachment 3: Temporary Construction Easement Agreement, May
Attachment 4: Temporary Construction Easement Agreement, Bennett Partnership
(Fence Factory)
Attachment 5: Utility Agreement Between City of Moorpark and Ventura County
Waterworks District No. 1 144
G overnment r eal e state s ervices
a division of
Beacon inteGrated Professional resources, inc.
When a Public Agency
Acquires Your Property
This booklet describes many of the important features of the
California Relocation Assistance and Real Property Acquisition
Guidelines specified in Title 25, Division 1, Chapter 6 of the
California Code of Regulations ("Guidelines") and the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, ("Uniform Act"). It also gives general
information about public acquisition of real estate (real
property) that should be useful to you.
Most real property acquisitions by a public agency are
covered by the Guidelines, and in the case of federally-funded
projects, by the Uniform Act. If you are notified that your
property will be acquired for such a project, it is important that you
learn your rights.
This booklet may not answer all of your questions. If you have
more questions about any potential sought purchase of your property
by a public agency, please feel free to contact a representative from
Hamner, Jewell and Associates.
Contact Your Acquisition Agent:
Heather Johnson
Hamner, Jewell & Associates
Phone (805) 658-8844
Fax (805) 658-8859
HJohnson@hamner-jewell.com
ATTACHMENT 1
H ER
J:mWELL
~SSOCIATES
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Page - 1Hamner, Jewell & Associates Rev. 6/8/18
General Questions
What Right Has Any Public Agency To Acquire My Property?
The Federal Government and every State and local government have certain powers which are necessary for
them to operate effectively. For example, they have the power to levy taxes and the power to maintain order.
Another government power is the power to acquire private property for public purposes. This is known as the
power of eminent domain.
The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the United States
Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes
private property it must pay “just compensation” to the owner.
Who Made The Decision To Buy My Property?
The decision to acquire a property for a public project usually involves many persons and many determinations.
The final determination to proceed with the project is made only after a thorough review which may include
public hearings to obtain the views of interested citizens.
If you have any questions about the project or the selection of your property for acquisition, you should ask your
acquisition agent.
How Will The Agency Determine How Much To Offer Me For My Property?
Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real
property appraiser who is familiar with local property values. The appraiser will inspect your property and
state his/her professional opinion of its current fair market value in an appraisal report. After the appraiser has
completed the work, the Agency reviews and checks the work to assure that the estimate is fair and the work
conforms with professional appraisal standards.
The Agency must offer you “just compensation” for your property. This amount cannot be less than the appraised
fair market value of the property. “Just compensation” for your property does not take into account your
relocation needs. If you are eligible for relocation assistance, it will be additional.
What Is Fair Market Value?
Fair market value is sometimes defined as that amount of money which would probably be paid for a property in
a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some
areas, a different term or definition may be used.
The fair market value of a property is generally considered to be “just compensation.” Fair market value does not
take into account intangible elements such as sentimental value, goodwill, business profits, or any special value
that your property may have for you or for the Agency.
HAMNER
JEWELL
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Page - 2Hamner, Jewell & Associates Rev. 6/8/18
Appraising Your Property
How Does An Appraiser Determine The Fair Market Value Of My Property?
Each parcel of real property is different, and therefore, no single formula can be devised to appraise all properties.
Among the factors an appraiser typically considers in estimating the value of real property is:
•How it compares with similar properties in the area that have been sold recently.
•How much it would cost to reproduce the buildings and other structures, less any depreciation.
•How much rental income it could produce.
Will I Have A Chance To Talk To The Appraiser?
Yes, you will be contacted and given the opportunity to accompany the appraiser on his/her inspection of your
property. You may then inform the appraiser of any special feature which you believe may add to the value of your
property. It is in your best interest to provide the appraiser with all the useful information you can in order to
ensure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may
wish to have a person who is familiar with your property represent you.
When Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work required to appraise your property and the status of the
Agency’s project schedule. After the appraisal has been reviewed (and any necessary correction obtained), the
Agency will determine just compensation and give you a written purchase offer in that amount along with a
“summary statement,” explaining the basis for the offer. No negotiations are to take place before you receive the
written purchase offer and summary statement.
What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation?
The summary statement of the basis for the offer of just compensation will include:
•An accurate description of the property and the interest in the property to be acquired.
•A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the
compensation for the part to be acquired and the compensation for damages, if any, to the remaining part
will be separately stated.)
•A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in
the property not owned by you and not covered by the offer; e.g., a tenant-owned improvement, it will be
so identified.)
Must I Accept The Agency’s Offer?
No. You are entitled to present your evidence as to the amount you believe is the fair market value of your
property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider
your evidence and suggestions. When fully justified by the available evidence of value, an increase in the offer
price will be made. If you would like to hire your own appraiser, the Agency is required to reimburse you for the
actual reasonable costs, not to exceed $5,000, of one independent appraisal of the property interest sought by
the Agency. The appraiser you hire must be licensed by the State Office of Real Estate Appraisers.
HAMNER
JEWELL
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May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency.
However, State Guidelines do not require the Agency to pay the costs of such representations.
How Do I Know I Will Be Treated Fairly?
No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability
be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any public programs or activities. If federal funding is being utilized in the project for which your property
is being sought, the acquiring agency will assure full compliance with Title VI of the Civil Rights Act of 1964, the
Civil Rights Restoration Act of 1987, and related statutes and regulations. Any person who believes they have
been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the
acquiring agency.
If I Reach Agreement With The Agency, How Soon Will I Be Paid?
If you reach a voluntary agreement to sell your property and your ownership (title to the property) is clear,
payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after
you sign a purchase contract. If the title evidence obtained by the Agency indicates that further action is necessary
to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the
necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the
owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments
affecting your ownership of the property.)
What Happens If I Don’t Agree To The Agency’s Purchase Offer?
If you are unable to reach a voluntary agreement through negotiations, the Agency may file a suit in court to
acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called
condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit
without unreasonable delay.
NegotiationsHAMNER
JEWELL
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What Happens After The Agency Condemns My Property?
You will be notified of the action. Condemnation procedures vary, and you should learn the procedures which
apply in your case. Your acquisition agent can explain these procedures. In most instances, when an Agency
files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its
appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts
necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems.
Withdrawal of your share of the money will not affect your right to seek additional compensation for your
property.
During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the
value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties,
the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the
Agency, you will be paid the difference, plus any interest that may be provided by law.
To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an
appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs
in presenting his or her case to the court must be paid by the owner.
What Can I Do If I Am Not Satisfied With The Court’s Determination?
If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for
the area in which your property is located. If you are considering an appeal, you should check on the applicable
time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The
Agency may also file an appeal if it believes the amount of the judgment is too high.
Will I Have To Pay Any Settlement Costs?
You will be responsible for the payment of the balance of any mortgage on your property. Also, if your ownership
is not clear, you may have to pay the costs of clearing it. But the Agency is responsible for all reasonable and
necessary costs for:
•Typical services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar
expenses which are incidental to transferring ownership to the Agency.
•Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was
entered into in good faith.
•Real property taxes covering the period beginning on the date the Agency acquires your property.
Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these
expenses yourself, you will be repaid--usually at the time of settlement. If you later discover other costs for which
you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in
filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency.
Condemnation ProceduresHAMNER
JEWELL
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May I Keep Any Of The Buildings Or Other Improvements On My Property?
Very often many or all of the improvements on the property are not required by the Agency. This might include
such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any
improvements, please let the Agency know as soon as possible.
If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price
you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the
condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real
property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a
new location.
Can The Agency Take Only A Part Of My Property?
Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be
paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency
will offer to buy that remaining part from you.
Occasionally, a public project will increase the value of a remaining part which is not acquired by the agency.
Under some eminent domain laws, when this occurs, the amount of the increase in value is deducted from the
purchase price the owner would otherwise receive.
Will I Have To Pay Rent To The Agency After My Property Is Acquired?
If you remain on the property after acquisition, you may be required to pay a fair rent to the Agency. Such rent
will not exceed that charged for the use of similar properties in similar areas.
How Soon Must I Move?
If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your
property (e.g., your occupancy would present a health or safety emergency), you will not be required to move
without at least 90 days advance written notice.
If you reach a voluntary agreement to sell your property, you will not be required to move before you receive
the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before
the estimated fair market value of the property has been deposited with the Court so that you can withdraw
your share.
If you are being displaced from a dwelling unit, you will not be required to move before a comparable replacement
home is available to you.
What Happens Next?HAMNER
JEWELL
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Will I Receive Relocation Assistance?
State Guidelines require that certain relocation payments and other assistance be provided to families, individuals,
businesses, farms, and nonprofit organizations when they are displaced or their personal property must be
moved as a result of certain Agency activities.
A full explanation of any relocation assistance to which you may be entitled will be provided to you. If you have
any question about such assistance, please contact your relocation representative. In order for the Agency to
fulfill its relocation obligations to you, you must keep the Agency informed of your plans.
My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase?
In most cases when a public agency acquires real property for public purposes, the property owner may postpone
the payment of Federal capital gains taxes on any profit from the sale if he or she reinvests the profit in similar
property within a certain replacement period. To take advantage of this right, you should review the rules and
file the details in a statement with your Federal income tax return for the tax year in which you realize the gain.
Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or
loss resulting from the condemnation of real property, or its sale under the threat of condemnation, for public
purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with
your personal tax advisor or your local IRS office.
I’m A Veteran. How About My VA Loan?
After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase
another property. Check on such arrangements with your nearest Veterans Administration Office.
Is It Possible To Donate Property?
Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must
obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these
obligations.
Additional Information
If you have further questions after reading this booklet, please contact:
Heather Johnson
Hamner, Jewell & Associates
Phone (805) 658-8844
Fax (805) 658-8859
HJohnson@hamner-jewell.com
We are available to answer any questions you may have!
Money MattersHAMNER
JEWELL
..Pr.ssOCIATES -------------------
151
..
HAMNER, JEWELL & ASSOCIATES
Government Real Estate Services
Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting
Offices in Ventura, San Luis Obispo and Fresno Counties
Writer's Telephone Number: (805)658-8844
Government Rc,J Estate Scn�ccs :1dn-i'liunol
lk-.w..·on lntc-�r.ut:'\J Prui;,.-ssiun:ll R,-sourt.--cs. Im:.
April 14, 2021
Writer's email address: hjohnson@hamner-jewell.com
Via First Class Mail
Daniel Kim, P .E.
City Engineer
City of Moorpark
799 Moorpark A venue
Moorpark, CA 93021
Subject:
Dear Dan,
City of Moorpark -Princeton A venue Widening Project
Acq. A.P. # 512-220-375 (Agnew)
We are pleased to report that we have obtained the owner signed Temporary Construction
Easement Agreement on the Agnew property needed in connection with the City of
Moorpark's Princeton Avenue Widening Project. Enclosed for City acceptance, please find
the following documents:
•Temporary Easement Agreement -owner signed
•Request for Funds Disbursement with owner signed W-9 Form attached
Please schedule these documents for City acceptance and processing at your soonest
opportunity and let us know once the documents have been signed. Please note the temporary
construction easement term will begin on the date the City formally accepts the Agreement.
Also note that the payment to the owner must be made within 30 days of City acceptance of
the Agreement. Please refer to the enclosed Funds Disbursement Request for instructions on
how to prepare the check and mailing instructions to the owner. Please be sure to return a
copy of the fully executed Agreement and copy of the owner's check to us for our file. If you
have any questions or need anything else, just let me know. Thanks Dan!
Sincerely,
��� Heather Johnson
Right of Way Agent
Corporate and San Luis Obispo County Office Ventura County Office Central Valley Office
530 Paulding Circle, Suite A, Arroyo Grande, CA 93420
260 Maple Court, Suite 277, Ventura, CA 93003
605 IN. Fresno Street, Suite 106, Fresno, CA 93710
(805)773-1459(805)658-8844
(559)412-8710
ATTACHMENT 2
Enclosures: As stated above
152
PARCEL NO.: 512-0-220-375 (formerly APN 512-0-220-185)
PROJECT: City of Moorpark-Princeton Avenue Widening Project
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
On or about November 19, 2010, Howell W. Agnew and Catherine L. Agnew, husband and wife,
as joint tenants, collectively as "Grantor", and the City of Moorpark, called "City," entered into a
Right of Way Agreement ("Agreement") and associated Grant Deed ("Deed") in conjunction with
the Princeton Avenue Widening Project. The Deed was recorded as Instrument Number 20110321-
00045678-0 on March 21, 2011, in the County Recorder's Office of the County of Ventura. The
Easement Deed included a provision for a Temporary Construction Easement.
Because the project was delayed, the City now seeks a new Temporary Construction Easement
("TCE") which shall commence upon execution of this Agreement by the City and automatically
terminate forty-eight ( 48) months thereafter or on the date the City records a Notice of Termination
of the TCE, whichever is sooner.
This Agreement is being entered into between Grantor and City in order to provide City with a
Temporary Construction Easement for a new term, under the following terms and conditions:
1.TERM. Grantor hereby grants City a Temporary Construction Easement for a forty-eight
month term commencing upon the date of City's execution of this Agreement, as evidenced
below, and terminating forty-eight months after the date of commencement or on the date
the City records a Notice of Termination of the TCE in the Official Records of the County
of Ventura. Pursuant to this Agreement, the City shall have the right to use the approximate
178 square foot TCE area described more particularly on Exhibit A and depicted in Exhibit
B, attached hereto and incorporated herein.
2.SCOPE OF TCE. Pursuant to this Agreement, City shall have the right to use the TCE
described in Exhibit A and depicted on Exhibit B to facilitate construction of the Project,
including temporarily parking and operating construction equipment, and/or temporarily
stockpiling dirt, and/or materials related to the Project.
3.PAYMENT. In exchange for the TCE granted herein, City agrees to pay the sum of One
Thousand Two Hundred Eighty-Two Dollars ($1,282) to Grantor, at the address shown
below, within 30 days of the date this Agreement is fully executed. Grantor hereby
authorizes and instructs City to disburse this payment to Grantor and Grantor agrees that
this payment shall be deemed full and complete just compensation for the Temporary
Construction Easement granted herein.
All other terms and provisions of the original Deed referenced herein shall remain unchanged and
in full force and effect.
This Agreement may be executed in counterparts, each of which so executed shall irrespective of
the date of its execution and delivery be deemed an original, and all such counterparts together
shall constitute one and the same instrument. In the event that the parties hereto utilize facsimile
or electronically transmitted signatures, such signatures shall be treated in all respects as having
the same effect as an original signature.
Moorpark/Princeton Ave Widening/ Agnew/ Agreement-TCE Ext-48 Months Page 1 of 4 153
Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property,
holding all ownership and possessory rights, and are the authorized signatories to grant the rights
referenced in this Agreement without conflict or claims from other parties.
GRANTOR:
Howell W. Agnew and Catherine L. Agnew, husband and wife, as joint tenants
I'
Date:
CITY:
CITY OF MOO RP ARK
By: ____________ _ Date: ----------Troy Brown
City Manager
MAILING ADDRESS OF GRANTORS: MAILING ADDRESS OF CITY:
Howell W. and Catherine L. Agnew City Clerk -City of Moorpark
800 Hedyland Court 799 Moorpark Ave
Moorpark, CA 93021 Moorpark, CA 93021
Moorpark/Princeton Ave Widening/Agnew/Agreement-TCE Ext-48 Months Page 2 of4 154
Exhibit A
LEGAL DESCRIPTION
All of that portion or Loi 59 of Tract No 2723, in the C,ly of Moorpark, County of Ventura. State oi
California, as sho1M1 on the :nap recorded 1n Book 84, Psges 33 through 38, inclusive, of Miscellaneous
Records (maps), 1n the Office of the County Recorder or said County, more particularly dggcr,bed as
follows;
Beginning at too lnlerseciion of tho easterly tract boundary of said Traci No. 2723 <1nc a line that is
parallel with and 53 fe<'lt northwesterly, measured at right angle, from 11,e following described 1ine-
Begrnn,ng at the westerly terminus of that ,certain course shown or. the map
recorded in 6-0ok 52. Pages 58 through 61 . ,nciusNe. of Records of Survey as
"N87" 17'49' E M & BASIS CF BEARINGS·· being a point on the ccnteilme of
West Los Angeles Avenue as shown thereon, now known as Princetoo Avenue,
thence, along .said centerline, North 87"46'51" Easl 816.13 feetto an angle point
thereon: thonco. contlnuJng along said centerline, North 71 °36'08" East 39t.26
feet; thence, leaving sate c-onterline, North 59'08'29" East 119.38 feet; thence,
Naro, 59'08'29" 2ast 1 •4.85 feet.
t'1ence. along said trad boundary,
l st -North 00''27'24" East 20.00 feet, !hence leaving said tract bOtimiary.
2nd • South 30'27'24" West 35.nO feet, more o• less. to said parallel line: !hence. along said
parallel line,
3ni. North !'i9"O8':.>9" Easi 20.83 feet to the Point of Bilginning.
Cl:w,ta1ning an area ol 178 square feet. more or iess
All bearings and 01stances described hern,n are based on the Caiiforma Cocr□,r:ate System of 1983
(CCS83), Zone 5. 2007.0 epoch. To obtain 1:vound di;; l,mces. multiply distances shown herein by
1.0000660?.
-�'B '/.,' ·\'y Cl:;:,,::·.·1=!�;l1:'.1/3R·i'+l:=no,·::;l. -�\'�"i'°,L::(;.:,Ls·t .• >.:::,� � 1:i_ ,:. .12:: ,�:. 1·:...F ;,(:;,�·;. .:.f/:t.,,· 'l .:,,-:;,,p ,::t .. :i1 .. :,1r,:r,;·,:� .. 1·,.·2:.,.·1 :�:c:i r.,1·,i'.J::s·-·�--,•�:i:.1 fJ; -.:::r,�,C,ii..t f j,\_J
Moorpark/Princeton Ave Widening/Agnew/Agreement-TCE Ext-48 Months Page 3 of 4 155
Exhibit B
LOT 59 (84 MR 33l
$CAL£: 1 •· � 20' �
164 l OR 241
\
\,:·1�. \\
\
j-:--:7 ROAO WGi-li-OF-W,"-Y
L;....;;;.;.j (841 so fT)
0 20 40 60 � TEMPORARY CONS TR. UCilON
� EASEMENT (178 $0 f"T)
Penfield & Smith
Engineering · Surveying Planning
· Construction Management ·
WO 18305 01 18305LEGL-20SCALE dwg APN 512-0-220-185
Moorpark/Princeton Ave Widening/Agnew/Agreement-TCE Ext-48 Months
2/8/2010
Page 4 of 4 156
Project Name: City of Moorpark-Princeton Avenue Widening
APN: 512-0-220-375 FAIR MARKET VALUE
WAIVER VALUATION Owner Name: Howell W . Agnew and Catherine L. Agnew
Site Location: 800 Hedy land Court, Moorpark, California
County: Ventura
Brief description of subject property and rights to be acquired:
The Subject Larger Parcel is a 23 ,087 square foot , R-1, single fami ly residential, Moorpark zoned parcels. This parcel is improved with a
sing le -fami ly residence. The home totals approximately 1,408 sq. ft. but is not affected by the planned improvements.
Project Rights Sought:
A 178 square foot Temporary Construction Easement is sought. Th is TCE is for a forty-eight-month duration fo r faci lit ating constructi on
of the planned public street improvements. T hi s TCE was previously acquired but expired without use due to project delays .
Land/Site Value Acquisition Area Easement Burden
Parcel or Easement # Area SF or AC $/Unit %
Previously acquired / no new permanent
rights needed
(a) Total Land
Affected Improvements Value :
Describe Below: Contributory Value: Per Unit Basis or Lump Sum Basis
None
(b) Total Improvements
X % rate of return X
TCE Purpose Area SF or AC $/Unit duration
Facilitate constr uction of X 10% = $320.40/year or
1 public street improvement 178 sq. ft. $18.00/sq. ft. $26.70/mo X 48 months
Total
Damages (Cost to Cure). Describe and quantify: City shall cause any landscaping and improvements
located in the area of the 178 square foot TCE to be replaced with material of like kind and quality. Further, City
shall cause the contractor for the Project to restore the TCE area to a comparab le conditio n in which said area
existed prior to the City 's use of the TCE.
(c) Total Temporary Easements and Damages (Cost to Cure)
Total Compensation (rounded) (total of Lines (a), (b), & (c))
Signed (Waiver Valuation Preparer):
Heath~~n, Ri ht of Wa A ent
The dollar amount above is approved as Just Compensation and offer to property
owner based hereon is hereby authorized by:
City of Moorpark:
B
Date:
$
$
$
$
$0 .00
$
$
$0 .00
$1 ,282 .00 (r)
$1,282 .00
$0 .00
$1 ,282.00
$1,282.00
03/23/2021
Temp late/Waiver Va lu ation 157
I SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
Project: City of Moorpark-Princeton Avenue Widening Project
AP#: 512-0-220-375 (Agnew)
The City of Moorpark is proposing a road improvement project on Princeton Avenue.
Your property, located at 800 Hedyland Court, Moorpark, California, is within the project area
and identified by your County Assessor as Parcel Number 512-0-220-375.
Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and the California Relocation Assistance and Real Property Acquisition Guidelines
requires that each owner from whom the City purchases real property or an interest therein or
each tenant owning improvements on said property be provided with a summary of the appraisal
of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless
you have heretofore waived such entitlement. You are not required to pay recording fees, transfer
taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent
to the passage of title or possession.
2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic
unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which
is/(are) contiguous to the land being conveyed.
3. The interests being acquired include 178 square feet in temporary construction easement as
depicted in the attached Exhibit A.
4. The market value of the property being purchased is based upon a market valuation which is
summarized on the attached Valuation Summary Statement and such amount:
a. Represents the full amount of the valuation of just compensation for the property to be
purchased;
b. Is not less than the approved valuation of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired
prior to the date of valuation caused by the public improvement for which the property is being
acquired or by the likelihood that the property would be acquired for such public improvement,
other than that due to physical deterioration within the reasonable control of the owner or
occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments
or other benefits which the owner is entitled to receive under an agreement with the City.
Template/Waiver Valuation 158
5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent
appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum
of $5,000 subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the selected
appraiser, the City will not be a party to your contract with an appraiser.
b. The selected appraiser must be licensed with the California Bureau of Real Estate Appraisers.
It is also recommended that such appraiser be experienced and qualified in the appraisal of
easements if this offer is to purchase easements rather than the fee interest in your property.
c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an
independent appraisal.
d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City
within 30 days of your receipt of the independent appraisal and no later than 120 days of your
receipt of this offer. Copies of the contract (if a contract was made) and invoice for completed
work by the appraiser must be provided to the City concurrent with submission of the appraisal
cost reimbursement request. The appraisal costs must be reasonable and justifiable.
6. No person in the United States of America shall, on the grounds of race, color, national origin,
sex, age, or disability be excluded from the participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City programs or activities. If federal funding
is being utilized in the project for which your property is being sought, notice is hereby provided
that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of
1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all
programs and activities undertaken by the City. Any person who believes they have been
subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint
with the City.
7. The owner of a business conducted on a property to be acquired, or conducted on the remaining
property which will be affected by the purchase of the required property, may be entitled to
compensation for the loss of goodwill. Entitlement is contingent upon the business owners'
ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520
of the Code of Civil Procedure.
8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to
have the amount of compensation determined by a court of law in accordance with the laws of
the State of California.
Template/Waiver Valuation 159
Exh ibit A
L&GAL DESCRJ PTION
All of tl'1al portlon of Lot 59 of rra ct No, 27 23, ln the City of Moorpark, GQ1,1nty of Vemura, S~le of
Cal iforn ia , as shoW11 on the map recorde d in Book 84, Pages 33 !:hroug.h 38, lnchJs fve , of Mlscelltmoous
Records ,(maps), In Iha Office of the County Recorder or sald County, more patficulafly describe d .as
folrows :
Beginning al the lntersecilon of the ~~Y tract bcur,~ry of said Tract No. 2723 anc! a line ttiat ts
patal lel with an d 53 feet northw~tetly, measu red al right .angle, from the fol iowl nJr described line:
Beginn ing al the werrterfy term i nus ot that certain course showr1 on lhe map
recorde<I In Book 52, Pa9ea 58 through a, , inch.1:$.ive, of Records. of Survey as
"NS7"17'4(ti! M & BASIS OF' 8,EAR!t-.lGS., l:l e:rt19 a point on lhe.cente,lfna of
Wesl Los Angeles Avenue as sh.own there<Jn, now known as Prin~oo Avenu s;
thence, along !53icfoer'lt:erli ne, North 87"46"51" East816.13feet lo an angre point
t.hE!i'80 n; thenoo, C()fi'lin.ulng afcmg said ce11 te rlffla, North 1f0 36'08" Es$.t 3.97 .26
feet: the riex1 , 1eavtng satd cenlerllne, North 59'0a'291' East 119,38 ft!$1; lhence ,
North 5:9'°DB'29" East 11 4 .85 feel
15,t -North 00"27 '24" East 20.00 feet; ths nc;e !eaving sald lracl boun dary,
2f"lcl -Sout h 30"2T24 . We&t 35J~ feet , more or ies,s , to sa id omi!el line: thenoe , along !.laid
paral lel llne ,
3rd ~ North 69"08'29M Easl20.83 feel !o the Polntof :Beginnin.r,.
Oantarning an area of 178 squere feet, more or fs ss .
. All bearing$ ,end distM1ces described here in !!If& based on lhe California 'Coor(j lnate System cf 1983
(CCSa,3), Zone 5, 2007.0 epoch , To obra lr1 ground dfs.tances, multiply distances SihO'INn herein by
1 .0 00:06602 .
_ega, W 1WDFlK\160 0°"189'99118305\..'>URV'l;Y\LEGA LSICID1 ~12,0 ,:220 •11i5 r OI;; 000: Sl"Hlkw m
E.:<h ibil N :\A c,,m't,'ORK\1'!1~0$'<$1,rvei,'tl.~sl t:(~a bi ts , H,3M L f'.Ol.·?.OSCAf.l:. i;jl'l'',1 2/'8'/1 0
---··.
Templ a te /W a iver Valuation 160
Exhibit B
LOT 59
u:34 M~ 3:'3l
!!!li!IJl!!!!i!~ ............... ----~~
0 20 40
-
Penfield &Smith
Er,g ll't eerlng ·Surveying • Planning
• Construction M~u1agem1:cnt ,
60
fS4 1 OR 24 1
~ ROAD RIGHT-OF-WAY
~ (841 so . rT,)
"7/m TEMPORARY CONS1RUCT ION
~ EASEMENT (178 SO. FT)
2/8/2010
WO \8305.01 t8J05LEGL-20SCAlL<lwg APN 5?2-0-220-155
Template/Waiver Va lu ation 161
"S;ll!:!,Gompa""·bles
No. Address , AAN Sale.Date· t and(~ Zonj! Pike Pr.ice/SF
1 46.10 Alamo St, Simi Valley 625-0-020-015 3/30/2020 60;648 RVL $740,000 $12.20
2 Everett St, Moorpark 512-0-061-260 10/8/2019 97,138 R-1 $165,000 $1.70
3 64 lstSt, Moorpark 512-0-102-060 8/9/2019 7,500 R-1 $200,000 $26.67
4 ·738 California Ave, Simi Valley 631-0-111-160 6/7/2019 9,230 RM $210;000 $22.75
5 4190 Eve Rd, Simi Valley 618-0-05l-040 3/13/2018 20,353 RVL $260,000 $12.77
6. ).i20 Royal Ave, Simi Valley 640-,0-191-025 5/18/2017 8,300 R-1 $223,000 $26.87
7 3035 Penney Dr, Simi Valley 611-0-162-255 1/t,/2017 8,597 RM $275,000 $31.99
listings '
1 o·walnut Canyon Rd, Moorpark 502-0-150-115 i/24/2020 ti#####' REA-5 $1,100,000 $2.54
subj~
l!No ~,• ~dilre.ss , ,,AAN :;Sale D.ate· ~nj(Jsfl Zone Price I Pn.c:e-/sF ·
i 90H Los Angeles Ave, Moorpark 512-0-160-820 nia ####Im: RE-1 TBQ TBD
2 800 Hedyland .Ct, Moorpark 512-,0-220-375 n/a 23,154 R-1 TBD TBD
Template/Waiver Va lu atio n 162
HAMNER, JEWELL & ASSOCIATES H Government Real Estate Services
J Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting
A J--==-------==-Offices in Ventura, San Luis Obispo and Fresno Cou�ties
.L-\:SSOCIATES Writer's Telephone Number: (805) 658-8844 Government ,��i:� .. �;aatc Service�Writer's email address: hjohnson@hamner-jewell.com
Bl':tl'U11 lllll'!(Tolln.l Prnrl'al11iv11al Rl'Wllll'\'li, 111,,:.
May 3, 2021
Via First Class Mail
Daniel Kim, P .E.
City Engineer
City of Moorpark
799 Moorpark A venue
Moorpark, CA 93021
Subject:
Dear Dan,
City of Moorpark -Princeton A venue Widening Project
Acq. A.P. # 512-0-160-820 (May)
We are pleased to report that we have obtained the owner signed Temporary Construction
Easement Agreement on the May property needed in connection with the City of Moorpark's
Princeton A venue Widening Project. Enclosed for City acceptance, please find the following
documents:
•Temporary Easement Agreement-owner signed
•Request for Funds Disbursement with owner signed W-9 Fo1m attached
Please schedule these documents for City acceptance and processing at your soonest
opportunity and let us know once the documents have been signed. Please note the temporary
construction easement term will begin on the date the City formally accepts the Agreement.
Also note that the payment to the owner must be made within 30 days of City acceptance of
the Agreement. Please refer to the enclosed Funds Disbursement Request for instructions on
how to prepare the check and note that the owner would like to pick up the check from City
Hall once it is ready. Please be sure to return a copy of the fully executed Agreement and copy
of the owner's check to us for our file. If you have any questions or need anything else, just
let me know. Thanks Dan!
Sincerely,
�eatk,i� Heather Johnson
Enclosures: As stated above
Co,porate and San Luis Obispo County Office
Ventura County Office
Central Valley Office
530 Paulding Circle, Suite A, Arroyo Grande, CA 93420
260 Maple Court, Suite 277, Ventura, CA 93003
6051 N. Fresno Street, Suite 106, Fresno, CA 93710
(805)773-1459
(805)658-8844
(559)412-8710
ATTACHMENT 3
163
PARCEL NO.: 512-0-160-820
PROJECT: City of Moorpark-Princeton Avenue Widening Project
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT On or about April 22, 2011, Clifford Charles May and Christine Donna May, husband and wife and joint tenants, collectively as "Grantor", and the City of Moorpark, called "City," entered into a Right of Way Agreement ("Agreement") and associated Grant Deed ("Deed") in conjunction with the Princeton A venue Widening Project. The Deed was recorded as Instrument Number 20110519-00076567-0 on May 19, 2011, in the County Recorder's Office of the County of Ventura. The Easement Deed included a provision for a Temporary Construction Easement. Because the project was delayed, the City now seeks a new Temporary Construction Easement ("TCE") which shall commence upon execution of this Agreement by the City and automatically terminate forty-eight ( 48) months thereafter or on the date the City records a Notice of Termination of the TCE, whichever is sooner. This Agreement is being entered into between Grantor and City in order to provide City with a Temporary Construction Easement for a new term, under the following terms and conditions: 1.TERM. Grantor hereby grants City a Temporary Construction Easement for a forty-eightmonth term commencing upon the date of City's execution of this Agreement, as evidencedbelow, and terminating forty-eight months after the date of commencement or on the datethe City records a Notice of Termination of the TCE in the Official Records of the Countyof Ventura. Pursuant to this Agreement, the City shall have the right to use the approximate2,408 square foot TCE area described more particularly on Exhibit A and depicted inExhibit B, attached hereto and incorporated herein.2.SCOPE OF TCE. Pursuant to this Agreement, City shall have the right to use the TCEdescribed in Exhibit A and depicted on Exhibit B to facilitate construction of the Project,including temporarily parking and operating construction equipment, and/or temporarilystockpiling dirt, and/or materials related to the Project.3.PAYMENT. In exchange for the TCE granted herein, City agrees to pay the sum of ElevenThousand Six Hundred Sixty Dollars ($11,660) to Grantor, at the address shown below,within 30 days of the date this Agreement is fully executed. Grantor hereby authorizes andinstructs City to disburse this payment to Grantor and Grantor agrees that this paymentshall be deemed full and complete just compensation for the Temporary ConstructionEasement granted herein.All other terms and provisions of the original Deed referenced herein shall remain unchanged and in full force and effect. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same instrument. In the event that the parties hereto utilize facsimile or electronically transmitted signatures, such signatures shall be treated in all respects as having the same effect as an original signature. Moorpark/Princeton Ave Widening/May Agreement-TCE Page 1 of5
164
Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property,
holding all ownership and possessory rights, and are the authorized signatories to grant the rights
referenced in this Agreement without conflict or claims from other parties.
GRANTOR:
Clifford Charles May and Christine Donna May, husband and wife and joint tenants
Date: Lf,,... 2.fj; L£J 2.,(
Christine Donna May
CITY:
CITY OF MOORPARK
By: ____________ _ Date:
Troy Brown
City Manager
MAILING ADDRESS OF GRANTORS: MAILING ADDRESS OF CITY:
Clifford and Christine May City Clerk -City of Moorpark
13853 E. Los Angeles Avenue 799 Moorpark Ave
Moorpark, CA 93021 Moorpark, CA 93021
Moorpark/Princeton Ave Widening/MayAgreement-TCE Page 2 of5
165
Exhibit A
LEGAL DESCRIPTION
All that ma, proporty described 1n 300:, -1694, :>sige 241 of Official Reco·ds. 111 thlc! Cty of \.!ooroar·�.
rrn1n')' nf \/i:::i;nt11r:::\, �!�tA nf i . .i◄lifnrn1:::i:_ rn-r:nr-r�t'. 1n t.,-A ()f1icP. nf lh� l.n11nty RP.-cor\1Ar of saio Counlv
more pa-tici.Ilarly !lescri!."lod as follows:
Aaginnlng .i1 rh� i,,r.,rsrH-:t,o.�, of lhe easter,v tract bOL;ndarv of Tract l'lo ?7?3. in :lie Cilv of Mour,.Jilrk.
County of Ventura State of Carfornia as show•, ori the 1nHo ret:orded t" Book 84, pa,;ies Tl thrrJvgh 38,
inclus111P., of Mi:sceltaneous Records (rncius), 1n H1€! O�ca o' \"lo Coun1y Recorder of said CoLmty, and a
line lhal Is ps,allel ,'>'ith and 53 feet nnrtriwestenv_ rneasured al ngM anglr; from the foltcv,•1n,;; desc·1tied
ltne:
Beoinn,nq 11! 11,e wester·v :errninus of Iha! certnin course shown on the rnap
:ecorded 1r- Book 52. Pages 58 througl1 61, inclusive_ of Recorc's of Sucvey 2s
N8T1 T49"E M & BASJS OF BEARIN(,S', being a ;wlnt or, !he centerline of
'West Los A-1ge1es A.venue as sl10wn tr.em o r, now known as Pr,m;eton Avenuo.
:hence, along said rnntarl1no. North 8 ('"46'5:" East 816. \ 3 feet l(l oir ;:;ngle point
1hf!reon; ,hence. con:inu,ng along S.J,d een 1erl,na, North 71 "36'08" Easi 397.2t.l
feet. l11enc:e. Ieav,ng said centwi:ne, North 59"08'29" East 234.22 feet to !lie
Deg1nn1�g of a ta'1gen; curie concaYe norlhwesterty h.aw1g a radius oi 458.96
feet. thence a!ong said curve Nort11eastei'y through a central angle of 24"39'22"
an arc tengt!· of 197 .50 fee:: rhor,co, Nortn 34 '29'07" East 1 /8 96 fee, to tlli:,
begir-nir•g of a curve conca110 southeasterly havir1g a rad us of 504 05 feeil;
\horco, ::ilc,nq r,a1d curve, Nor1t1eas:er1y t11r.::n,gh a centrai angle of 31 '"4'.l'4:!" an
arc length of 280 /.1 f,,el
's-i North 30' 27 24" East 56.25 feet thence
7r,rJ . North 53 37'5U" East 9° 02 feet. 1hence
:3rc. Nortr, 58'16'5"J' East 38.45 feet. c1,ore or ·e�s w 2-::ior·1t on •,;;riJ µar,.1llt1I i"u_
ltwnce. c1fong sa:d caraliel line.
411". Nortt, :34·2g·or [::isl ?4 T5- iel'I \t) u :JUIIII LIii t1 'lil!ci ill<il !� 1)-dlalle; ,'Jt"i(I
1·,m1hwesterly : 0 00 'eel measured at n-;;hl angle, ;rorr the lirst tr-rec courses
·ec1tea above, trience, le,w1:1g sc111.1 parallel l1°e tnat 15 53 foot no�!hwester1v o:
Ille Iii'\:! 1J\:l�Lil'J�\; li!c!l\:ll!•. ,;lu1-\J '.,dlU IJdl.Jll�•I 11-e; ,dl ·� 10 00 feel lll)f'')·i,<i�••:.rl\
:rea'o•,ir>'JO a: r ght ;i,;9lc from :he first \t0r!:'e courses rec1le(1 apove, by the
:r,llowir,g t�ree courses.
:,tl1 • Sou:•- 59" 18'59" IN est 1 : I SO feet the,c.e
?ti·,. South 30 27'24·' 'J',/est ,,iJ 98 fei:,t to s21irl e;.;c,ter:y boundary o! ,,act No. 2!2"3.
tho100. ulung ,;010 ooulorl:,-hm,PrJary ot l r.i•;;l M7, ;a2:i,
!':J;J\ ','\ •'/ /(_'f�,-,_. '. nt.,�. ::,. '. ".:: ':f•:-!:,,, ; t: .<· .• � ,_,;-:'. '-'t: : ,t. ;::: :-::;,,\ :., ::• :•'Y-: �-1; I �•1.';(;;.,: -.,�1-•·.• �·- ,
,\:~,•,•··\'••t·,r::.,:· :�·,.:,;·, --:;.,r_,-,:•1 :,,,;•,i t:,,,,t:;'• (�-!-'.:,·,: :...(:t ,·,"1�·.:_:,i >:- ,j ,,_<J FS
Moorpark/Princeton Ave Widening/May Agreement-TCE Page 3 of5 166
6th -So.1th on ??'?,!' Vvcs1 20 00 /er,� tu :he PC)lrH of Seginning
Ail bearing5 and d1sianc:0s aesc,1bed h,ve1n are j;ised on the Cahfornia Coordin.:ile System of · 983
(CCS83), lone 5. 200/.IJ ep{)U• TrJ 1)blail1 grouno distances. r11ult1oly dc6lances shown her,:;ir, DY
1 (l{)C0HoO:.>
_;;:q,:i ,•,' ·.-,(}:-,V,�1·(1-,.: f)C,'• 'lli,r, .. •11,'i .. ', ,..._;;;,•.,.;;·:;c·.,.,.1 ; � ·:·•: -�,�-::r;
� ,•' )•t•1l. '., ,/,(:,,.\ :, , , ·_..;-� ·\ ••. 1 :)') :�•! U , t'"! · ; ":•:. :i! : \.1·11t [ ·� 1 1_·,'_,1·: : :.... :· !�,'- - :.:_�."3 S (q �: •:t','.<; ! Moorpark/Princeton Ave Widening/May Agreement-TCE ,_-,;11.•. FS
Page 4 of 5 167
·•··
Exhibit B
� ROAO RIGHT-OF-WAY
� (8,994 SQ. f'T.)
� SLOPE EASEMENT
� (4,676 SQ. FT.)
1'777,7,'t TEMPORARY CONSTRUCTION
� EASEMENT (2.4-08 SQ. FT)
l 694 OR 241
·\l:-z�:ci ,j(·�r ·· :;:-:0w'�//::.�;;,-:0 ··-efi: i.
PAJxCEL 2
10 PM 4
SCALE: 1"=50'
Penfield ff Smith
Engineering · Surveying Planning
Construction Management
� 0 50 100
WO 18305.01 18305LEGL-50SCALE.dwg APN 512-0-160-170
Moorpark/Princeton Ave Widening/May Agreement-TCE
PARCEL l
10 PM 4
150
5/16/2011
Page 5 of 5 168
Page 1 of 8 AP# 512-0-160-820
VALUATION SUMMARY STATEMENT
BASIC DATA
PROJECT:
ASSESSOR'S PARCEL NO. (AP#):
OWNER:
PROPERTY LOCATION:
APPLICABLE ZONING:
CURRENT USE OF SUBJECT PROPERTY:
HIGHEST AND BEST USE OF SUBJECT
PROPERTY:
DATE OF VALUATION:
TOTAL PROPERTY AREA:
PROPERTY TO BE ACQUIRED:
Temporary Construction Easement:
IMPROVEMENTS TO BE ACQUIRED:
BASIS OF VALUATION
City of Moorpark -Princeton A venue Widening Project
512-0-160-820
Clifford Charles May and Christine Donna May,
husband and wife as joint tenants
901 Princeton A venue, Moorpark, California
RE-1 acre, City of Moorpark
Developed to two single family residences
Residential
March 18, 2021
152,024 square feet-3.49 Acres
ALL [ ] PART [ X]
2,480 sq. ft.
None
The market value for the property to be acquired is based upon a valuation done by a right of way agent, which
was prepared in accordance with accepted valuation principles and procedures.
Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate.
Full consideration is given to zoning, development potential, and the income that the subject property is capable
of producing. There are three approaches to value:
1. The Market Approach for the subject property is based on the consideration of comparable sales which
sold within a reasonable time prior to the date of valuation, at a range of $1. 70 per square foot to $31.99
per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting
the determination of value are attached to this Valuation Summary Statement.
2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This
approach was not utilized in this analysis since no structural improvements will be affected.
3. The Income Approach is based upon consideration of the income producing potential of the property.
This approach was not utilized in this valuation process as it was deemed inapplicable to this specific
case.
169
Page 2 of 8 AP# 512-0-160-820
VALUATION
Temporary Construction Easement:
2,408 sq. ft.@ $11 per sq. ft. X 10% per annum= $2,648.80/year or $220.73/month
TCE is needed for 48 months: $220.73 per month x 48 /months = $10,595.20
Total Land Value: $10,600 (r)
Improvements:
Total Improvement Value: $0
Severance Damages: None $0
Benefits: None
Total Net Damages/Benefits:
Total Just Compensation for this Acquisition: $10,600
TEN THOUSAND SIX HUNDRED DOLLARS ($10,600)
This summary of the basis of the amount offered as just compensation is presented in compliance with
federal and state law and has been derived from a valuation prepared by a right of way agent, which
includes supporting sales data and other documentation. The valuation is hereby approved and accepted
by this agency and a purchase offer based thereon is hereby approved and authorized.
City of Moorpark
Approved as Just Compensation for Purchase Offer and Acquisition:
By ~--
City Manager
Att: Legal Description and Plat Map
Comparable Sale List
170
Page 3 of 8 AP# 512-0-160-820
I SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
Project: City of Moorpark -Princeton Avenue Widening
AP#: 512-0-160-820 (May)
The City of Moorpark is planning the Princeton A venue Widening Project. This project involves the
installation of a dedicated center tum lane, bike lanes and sidewalks down the south side of Princeton
Avenue in Moorpark, CA.
Your property, located at 901 E. Princeton Avenue, Moorpark, California, is within the project area
and is also identified by your county assessor as Parcel Number 512-0-160-820.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner
from whom the City of Moorpark ("City") purchases real property or an interest therein or each tenant
owning improvements on said property be provided with a summary of the appraisal of the real property
or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless
you have heretofore waived such entitlement. You are not required to pay recording fees, transfer
taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent
to the passage of title or possession.
2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s)
which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are)
contiguous to the land being conveyed.
3. The interests being acquired include 2,408 square feet in temporary construction easements,
which is depicted in the attached plat map.
4. The market value of the property being purchased is based upon a market valuation which is
summarized on the attached Valuation Summary Statement and such amount:
a. Represents the full amount of the valuation of just compensation for the property
to be purchased;
b. Is not less than the approved valuation of the fair market value of the property as
improved;
c. Disregards any decrease or increase in the fair market value of the real property to
be acquired prior to the date of valuation caused by the public improvement for
which the property is being acquired or by the likelihood that the property would
be acquired for such public improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the owner is entitled to receive under an
agreement with the City.
171
Page 4 of 8 AP# 512-0-160-820
5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent
appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum
of $5,000 subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the
selected appraiser, the City will not be a party to your contract with an appraiser.
b. The selected appraiser must be licensed with the California Bureau of Real Estate
Appraisers. It is also recommended that such appraiser be experienced and qualified in
the appraisal of easements if this offer is to purchase easements rather than the fee interest
in your property.
c. Within 30 days of your receipt of this offer, you must notify the City of your intent to
obtain an independent appraisal.
d. Appraisal cost reimbursement requests must be made in writing, and submitted to the
City within 30 days of your receipt of the independent appraisal and no later than 120
days of your receipt of this offer. Copies of the contract (if a contract was made) and
invoice for completed work by the appraiser must be provided to the City concurrent
with submission of the appraisal cost reimbursement request. The appraisal costs must
be reasonable and justifiable.
6. No person in the United States of America shall, on the grounds of race, color, national origin,
sex, age, or disability be excluded from the participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City programs or activities. If federal funding
is being utilized in the project for which your property is being sought, notice is hereby provided
that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of
1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all
programs and activities undertaken by the City. Any person who believes they have been
subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint
with the City.
7. The owner of a business conducted on a property to be acquired, or conducted on the remaining
property which will be affected by the purchase of the required property, may be entitled to
compensation for the loss of goodwill. Entitlement is contingent upon the business owners'
ability to prove such loss in accordance with the provisions of Section 1263 .510 and 1263 .520
of the Code of Civil Procedure.
8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to
have the amount of compensation determined by a court of law in accordance with the laws of
the State of California.
Rev 6-2012
172
Page 5 of 8 AP# 512-0-160-820
Ex hi bi t A
LEGAL D·ESCRIPTfON
All that real property described in Book 169 4, Pa,ge 241 of Officia l Rec ord s, in Ule City of Moorpark ,
r.,;,.,n ty r,f V;,,nt.,r:,,, St"t"' nf r:::,,lifmni::l, Mr.n rrll'lri in lh,a Offir.A nf th P. County Recorrli;ir of said C-bulllty.
more partlcu -larl y descr ibed as fo llow$:
BeQir'ining at th e Intersectio n of the easterly tracl bou 111 darv of Tract No . 2723 . in ths Ci,tv of Moorpark ,
Co_unty ot Ve ntura , State of Ca •liiorn ia as shown on !he map rec ord e-d in Book 84 , pages 33 thro ug h 38,
inc lusive, of Miscella neous Reco rds (maps), in the Office of lhe Cou nty Recorder of said County, and a
line that is para lle l with and 53 feet norlhweste rl y, measured at rtg ht ang le, from tine fo llowrng described
line :
thence,
BeQinnlna at the \vestertv te rminu•s of th,:1t certa.in course shown on the map
recorded in Book 52, Page$ 58 through 61, Jnc lusive , of Records of Survey as
"N 87°17'49"E M & BASJS OF BEAR INGS", being a poinl on t he centerti ne of
West Los Angeles Avenue as shown !here-on, now know n as Princetoo Avenue ;
thence , along said center line, North a7•4s•51u East 816 .13 feet to an ang le p0 int
thereo n; the nc e, conlinu ing along said oenterli ne, North 71 °36'08'' East 397.26
feet; the noe, leaving said cen terl ine , North 59'08'29'' East 234 .22 feet to the
beginn ing of a tange:n l curve concave northwesterly hav ing a rad ius of 458 .96
feet ; thence, .ilo ng sa id curve , Northeaste rly thro ugh a ce ntra l ang le of 24 °39'22 "
an arc length of 197.50 feet; thence, North 34~2 9'07" East 178 .96 feet to I.he
beg inning of a curve concave sou theaste rly, hav ing a rad ius of 504 ,95 f,a;el;
lhance, akmg said curve , Northeasterly thro ug,h a cent ral ang le of 31 °47'42" an
ere leng th of 280 .21 feet.
1st -Nor'1h 30 •27'24'' East 56 .25 feet; thence ,
2n d • North 53 •37 •5e" East 91.02 feet thence ,
3rd • Nort" 5.s• 18'59" East 88 .45 teet. more or less to a po int on sard paral lel line;
thence , along sa id paraNel I ine .
4th -:NrJrth 34 '29'07" east 24, 75 11,J!.:!l lu i,l l)UII ll l!JII .a li ne l1 1at ls p-arnl lel and
northweste rly 10.00 feet , meas1,.1red at right angte , from the first th ree co urses.
recited ~oove; thence, ·leaving said para ll el; line that i:s 53 foot northwester ly of
Um rlrn:H.lH!lUl luetl lIe1-sin, diUll\,I ~,!lllU µ<'lii allel li ne U1 11:l i~ 10 ,00 Fee t nor lhwe11ter ly ,
measured at rlght angle, from the first three courses recited above, by the
follow ing t hree oourses,
5th -Soul h 59'181 59" West 111 .5-0 feet thence,
5th • Sollllh 63°37'56fi Wc:;t 03.48 fee t; thenoo ,
7th -South 30 •27'24 " West 40 .96 ree l to s.aid easterly boundary of Tra ct No. 2723 ;
thence , along said easterly bou ndary o€T ract No. 2723,
~egal . V'/:',W O~l<i\ 1 8000-1 i!,900\ 1 B305',StJRVEY\.L I: GAlS\C 10:l 512-.:)-160-170 TCE DOCX
E1~hibJ I: N:IACAD',WORl\,·18-3 0S\Sur~·et,Le9cal EXhibils\18;JQ5Li;0,~SCALE d•,,i:J
BP l-JHcv,
5./16111
173
Page 6 of 8 AP# 512-0-160-820
8.th -South 0-0 °27'24 " West 26.M fee t to the Point of Beg inning .
Containing an area of 2.408 square Foo t, more or le$S.
All bearings and d islances d escribed h ere In are based on the Ca lifornia Coord lna te Syste m of 1983
(CCS 83), Zone 5, 2007 .0 epoch. To obtain ground d is tanc es , mu lt ip ly dis tances shown herein by
1.0000600 2 .
Log e l, 'N·',WOnl'.\HlOOO 1oiJOO'l183Q,!j\f;l,ll'll.Jl:,Y\l.l.C ..... L~\C ►i:'~ ~1 ~ 0 1§'0 '71J Tt;li
E.m ibit: N \t\CAO\WOR.K\1830$\Sur-•ei,Legsl Ex hib1 t5 \1 B305LEGL-50SCAU: dwg
i,C:,i-1 ,\r~y
5116/1 1
174
Page 7 of 8
~
-If-
!
Exhi bit B
~ ROAD Rl GHT-OF-WAY
~ (8,994 SO. F'T.)
~ SLOPE EASEMENT
~ (4,676 SQ. F'T .)
1'7777,1 TEMPORARY CONSTRUC TI ON
~ EASEMENT (2,408 SQ. rT.)
1694 OR 241
?'}, ~
PARCEL 2
10 PM 4
/~ ~ SCALE: 1 •,,,,50'
~ I
0 50 100
Penfield & Smith
Engineering · Surveying · Ptali.rilli.Q
• Constn.Jctlon Managem.t'lnt ·
WO 18305.01 18Jo,5LEGL-50SCAL£dwg APN 512-0-160-170
AP# 512-0 -160-820
I
I/ , I
\
150
5/16/201 t
175
Page 8 of 8 AP# 512-0-160-820
Sale Comparables
No. Address APN Sale Date Land (sf] Zone Price Price/SF
1 4610 Alamo St, Simi Valley 625-0-020-015 3/30/2020 60,648 RV L $740,000 $12.20
2 Everett St, Moorpark 512-0-061-260 10/8/2019 97,138 R-1 $165,000 $1.70
3 64 1st St, Moorpark 512-0-102-060 8/9/2019 7,500 R-1 $200,000 $26.67
4 738 California Ave, Simi Valley 631-0-111-160 6/7/2019 9,230 RM $210,000 $22.75
5 4190 Eve Rd, Simi Valley 618-0-051-040 3/13/2018 20,353 RV L $260,000 $12.77
6 1120 Royal Ave, Simi Valley 640-0-191-025 5/18/2017 8,300 R-1 $223,000 $26.87
7 3035 Penney Dr, Simi Valley 611-0-162-255 1/19/2017 8,597 RM $275,000 $31.99
Listings
1 0 Walnut Canyon Rd, Moorpark 502-0-150-115 2/24/2020 mmmm REA-5 $1,100,000 $2.54
Subjects
No. Addr.ess APN Sale Date Land (sf) Zone Price Price/SF
1 901 E Los Angeles Ave, Moorpark 512-0-160-820 n/a mmmm RE-1 TBD TBD
2 800 Hedyland Ct, Moorpark 512-0-220-375 n/a 23,154 R-1 TBD TBD
176
Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459
Ventura County Office 260 Maple Court, Suite 277, Ventura, CA 93003 (805) 658-8844
Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710
Subject: City of Moorpark – Princeton Avenue Widening Project
Acq. A.P. # 512-0-160-820 (May)
Memorandum of Non-Substantial Administrative Settlement
Clifford Charles May and Christine Donna May, husband and wife and joint tenants,
collectively as "Grantor", rejected the City of Moorpark’s (“City”) initial offer in the amount
$10,600 for a 2,408 square foot temporary construction easement (“TCE”) required for the
subject project. Grantor indicated that they reviewed the comparable sales information
provided with the purchase offer and felt the amount offered based on the per square foot
valuation is very low. Following some negotiations, Grantor and City have agreed to settle at
$11,660 for the TCE. This amount represents an additional 10% increase in compensation
above the City’s original offer but is deemed a reasonable and cost-effective justifiable
settlement for the City. In the event that this acquisition would have gone to condemnation,
the costs of litigations would have far exceeded the proposed settlement amount.
Acceptance of this offer of settlement falls within the guidelines both expressed and implied
of Volume 7, Chapter 2, Section 4 of the Federal Aid Manuel of the Federal Highway
administration and is also within the purview and intent of memorandum from G. B. Saunders,
Chief, Real Estate Property Acquisitions Division of the Federal Highway Administration,
Washing D.C., dated November 7, 1981.
Recommended for Approval By: Approved By:
_______________________________ _________________________________
Heather Johnson Troy Brown
Right of Way Acquisition Agent City Manager
Hamner, Jewell & Associates City of Moorpark
HAMNER, JEWELL & ASSOCIATES
Government Real Estate Services
Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting
Offices in Ventura, San Luis Obispo and Fresno Counties
Writer’s Telephone Number: (805) 658-8844
Writer’s email address: hjohnson@hamner-jewell.com
177
HAMNER, JEWELL & ASSOCIATES HAMNER Government Real Estate Services J�.�-� Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting A.; · E L Offices in Ventura, San Luis Obispo and Fresno Counties
.l""\:ssoc1ATES Writer's Telephone Number: (805) 658-8844 Govcrnmcnt.��i:•� .. �11atc Services Writer's email address: hjohnson@hamner-jewell.com lk1u·u11 lnll'�tatt·ll Prnrt:»!tiomtl lkw111l't'1J, liK, June 17, 2021
Daniel Kim, P .E.
City Engineer
City of Moorpark
Personally Delivered
799 Moorpark A venue
Moorpark, CA 93021
Subject:
Dear Dan,
City of Moorpark-Princeton Avenue Widening Project
Acq. AP# 513-0-022-145, 512-0-470-075 & -085 (Bennett)
We are pleased to report that we have obtained the owner signed Temporary Construction
Easement documents on the Bennett property needed in connection with the City of
Moorpark's Princeton Avenue Widening Project. Enclosed for City acceptance, please find
the following documents:
•Temporary Easement Agreement -owner signed
•Temporary Construction Easement Deed-owner signed
•Request for Funds Disbursement with owner signed W-9 Form attached
Please schedule these documents for City acceptance and processing at your soonest
opportunity and let us know once the documents have been signed. Please note the temporary
construction easement term will begin on the date the City formally accepts the Temporary
Construction Easement Deed. Also note that the payment to the owner must be made within
30 days of City acceptance of the Agreement. Please refer to the enclosed Funds Disbursement
Request for instructions on how to prepare and distribute the check to the owner. Please be
sure to return a copy of the fully executed Agreement, Deed and copy of the owner's check to
us for our file. If you have any questions or need anything else, just let me know. Thanks
Dan!
Sincerely,
��� Heather Johnson
Enclosures: As stated above
Co1porate and San Luis Obispo County Office
Ventura County Office
Central Valley Office
530 Paulding Circle, Suite A, Arroyo Grande, CA 93420
260 Maple Court, Suite 277, Ventura, CA 93003
6051 N. Fresno Street, Suite 106, Fresno, CA 93710
(805)773-1459
(805)658-8844
(559)412-8710
ATTACHMENT 4
178
PARCEL NO.: 513-0-022-145, 512-0-470-075 & -085
PROJECT: City of Moorpark -Princeton A venue Widening Project
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
On or about May 8, 2015, The Bennett Partnership, a general partnership (also known as The
Bennett Partnership, a California general partnership) , as "Gran tor", and the City of Moorpark,
called "City," entered into a Right of Way Agreement ("Agreement") and associated Easement
Deeds ("Deed") in conjunction with the Princeton Avenue Widening Project. The Deeds were
recorded as Instrnment Number 20170426-55056 on April 26, 2017 and Instrnment Number
20170426-55058 on April 26, 2017, in the County Recorder's Office of the County of Ventura.
The Easement Deeds included a provision for a Temporary Constrnction Easement.
Because the project was delayed, the City now seeks a new Temporary Construction Easement
("TCE") which shall commence upon execution of this Agreement by the City and automatically
terminate forty-eight (48) months thereafter or on the date the City records a Notice of Termination
of the TCE, whichever is sooner.
This Agreement is being entered into between Grantor and City in order to provide City with a
Temporary Construction Easement for a new term, under the following terms and conditions:
1. TERM. Grantor hereby agrees to grant to City a Temporary Construction Easement Deed
concurrently herewith, for a 48-month term over that property described in Exhibits A and
depicted in Exhibits B, all of which are attached hereto and incorporated herein, for the
period commencing upon City's execution of this Agreement and terminating forty-eight
months after the date of commencement or on the date the City records a Notice of
Termination of the TCE in the Official Records of the County of Ventura.
2. SCOPE OF TCE. Pursuant to this Agreement, City shall have the right to use the TCE
described in Exhibits A and depicted on Exhibits B to facilitate construction of the Project,
including temporarily parking and operating construction equipment, and/or temporarily
stockpiling di11, and/or materials related to the Project.
3. PAYMENT. In exchange for the TCE granted herein, City agrees to pay the sum ofFifty-
Three Thousand Dollars ($53,000) to Grantor, at the address shown below, within 30 days
of the date this Agreement is fully executed. Grantor hereby authorizes and instructs City
to disburse this payment to Grantor and Grantor agrees that this payment shall be deemed
full and complete just compensation for the Temporary Constrnction Easement granted
herein.
All other terms and provisions of the original Deed referenced herein shall remain unchanged and
in full force and effect.
This Agreement may be executed in counterparts, each of which so executed shall irrespective of
the date of its execution and delivery be deemed an original, and all such counterparts together
shall constitute one and the same instrument. In the event that the parties hereto utilize facsimile
or electronically transmitted signatures, such signatures shall be treated in all respects as having
the same effect as an original signature.
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 1 of7 179
Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property,
holding all ownership and possessory rights, and are the authorized signatories to grant the rights
referenced in this Agreement without conflict or claims from other parties.
GRANTOR:
The Bennett Partnership, a general partnership
By: L;LA~ Mi:, RI.Bennett,Part
. Bennett,
Date: ----SZ---=z.~~-7..-=-=---/ _
Date: & Is I 2-' -~7~------1(~~-
~~~ Date: -----=-6+--/ ~t-J { __
CITY:
CITY OF MOORPARK
By: _______________ _ Date: ----------
Troy Brown
City Manager
MAILING ADDRESS OF GRANTORS: MAILING ADDRESS OF CITY:
The Bennett Partnership City Clerk -City of Moorpark
2419 Palma Drive 799 Moorpark Ave
Ventura, CA 93003 Moorpark, CA 93021
EXHIBIT A
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 2 of7
180
LEGAL DESCRIPTION
All that real property described in Document No. 93-075577 of Official Records, in the City of Moorpark,
County of Ventura, State of California, recorded in the Office of the County Recorder of saicl County,
more particularly described as follows:
Beginning al a point at the intersection of the westerly line of said Document No. 93-075577 with a line
that is parallel with and 40 feet southerly, measured at right angle, from the following described line:
Beginning at the westerly terminus of that certafn course shown on the map
recorded in Book 52, Pages 58 through 61, inclusive, of R.ecords of Suivey as
"N87°17'49'E M & BASIS OF BEARINGS'', being a point on the centerline of
West Los Angeles Avenue as shown !hereon, now known as Princeton Aven.ue;
thence, along said centerllne. North 87'46'51 '' East, 816.13 feet to an angle point
thereon; tnenoo. continuing along sarci centerline, North 71°36'08" East, 397.26
feet; thence, leaving said centerline, North 59°08'29" East. 234.22 feet to the
beginning of a tangent curve concave northwesterly having a radius of 458.96
feel; thence, along said curve, Northeasterly through a central angle of 24"39'22"
an arc length of 197.50 feet; thence, North 34°29'07" East, 178.96 feet to the
beginning of a curv<1 concave soutlieasterly, having a radius of 504.95 feet
thence, along said curve. Northeasterly through a central angle of 31°4742" an
arc length of 280.21 feet; thence, North 66°16'49" East, 500.42 feet to the
beginning of a curve concave southerly, having a radius of 700.00 feet; thence,
along said curve, Easterly through a central angle of24°12'17" an arc length of
295 72 feet; thence, South 89"30'54" East, 289.02 feet.
thence, along said westerly line,
1st-South 00•33•11' West 42.54 feet; thence. leaving said westerly line,
2nd• South 59•25•49·• East 63.84 feet, thence,
3rd -South 13°46'53" East 78. 40 feet to lhe so,:therly fine of said Document No. 93 075677;
thence, along said southerly line.
4th. South 89°25'50" East 6.75 feet to the sou!heasterty corner of said Document No, 93-
075577; thence, along the easterly lane of said Document No. 93-075577,
5th • North 00"33'11" East 121.18 feet to a point on said parallel line; thence, leaving Hid
easterly line arong said parallel ,ine,
6t'1 -North 89"30'54" West 31. 75 feet to the beginnmg of a curve concave southerly, having a
radius of 660.00 feet; thence, along said curve and continuing along said parallel Hne.
7th. Westerly though a central angle of 5'03'49" an arc length of 58.33 feet to the Point of
Beginning.
Legal: W .IWO>IK110000-18()99\'18305-ISURVEY'\I FGAI SIC 1!40;, a 1 HI 0?2-'05 Tr.f l)OCl<
1.':1~1b'-l: N 1J\CADIWORKl18305\Suf\/e)l\l.e;iol Fxoi\),if,',\~~n:,;.f_,~_, ',i)S/';AIJ: ~WO
f,P:-,ltcw
111131()9
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 3 of7
181
Containing an area of 5.265 square feet, more or !ess.
All bearings and distances described herein are based on the California Coordinate System of 1983
(CCS83). Zone 5, 2007 0 epoch. To obtain ground distances. multiply distances shown herein by
1. 00006602.
l.eg,1I (11,1 ',WOR"(l:/lD(X}.l!l99911S3051SURVEY\L~OALS;cIu-.c!l 013-!i-022-10~ JCI:: DOCX
E~hoi,it N:\A.GAPIWO"tKI 16305\Su,vew ege>I Exhibits\11JJ,~f,~,'.()J -',Q!;CALE dW!J
f:lr'Hilcw
11rJJ10H
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------
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 4 of7
PonffofcJhSmilh
182
49
\
EXHIBITB
CONSTRUCTION
LAYOUT R/W
C/L PER R/W PER L 52 RS 58 52 Rs 58 PRINCETON AVENUE ~
~~ONSTRUCTION . ---------~
. LAYOUT C/L:..,__:).._,_:...---~
coJsTRUCTION
lAlOUT R/W
50 51
120 MR ~3}
LA f"ALOA AVENUE
m ROAD (2,697 SO. f'l)
SCALE: 1"=50'
~ TEMPORARY CONSTRUCTION
~ EASEMENT (5,265 SO. f'T.) ---- --0 50 100 150 ~ F'EE (10,850 SO. FT)
-
Penfteld&Smith
Engineering • Surveying · Planning
• Construction Management ·
l 1/17/2009
WO 18305.0l l8305LEGL-50SCALE.DWG APN 513-0-022-105
Moorpark/Princeton Ave Widening/Bennett Agreement-ICE -48 Months -Rev. 2021-05-27
Page 5 of7
183
EXHIBIT A
LEGAL DESCRIPTION
All that portion of Parcet 13 described lr1 Document No. 2007-123849 of Official Records, in the City of
Moorpark, County of Ventura, State of California, reoorded in the Office of the County Recorder of said
County, lying northerly of a line that is parallel with and 70 feet souther1y, measured at right angte, from
the following described line:
Beginning at the westerly terminus of tnat certain course shown on the map recorded In Book 52, Pages
58 through 61, inclusive, of Records of Survey as "N87'17'49"E M & BASIS OF BEARINGS", being a point
on the centerline of West Los Angeles Avenue as shown thereon, now known as Princeton Avonue;
thence, along satct centerline,
1st • North 87"46'51" East, 816.13 feet to an angle pointthereon; thence, continuing along said
centerline,
2nd -North 71"36'08" East, 397.26 feet; thence, leaving said centerline,
3rd -North 59'08'29" East, 234.22 feet to the beginning of a tangent curve concave northwesterly
having e. radius of 458. 96 feet; thence, along said curve,
4th• Northeasterly through a central angle of 24'39'22" an arc length of 197.50 feet; thence,
5th -North 34'29'07" East, 178.96 feet to the beginning of a curve concave soulheasterly, having a
radius of 504.95 feet, thence, along said curve,
6th• Northeasterly through a central angle of 31"47'42" an arc length of 280.21 feet; thence,
7th• North 66'16'49'" East, 500.42 feet to the beginning of a curve concave southerly, having a
radius of 700.00 feet; thence, along said curve,
8th -Easterly through a central angle of 24'12'17" an arc fength of 295.72 feet; thence,
9th• South 89'30'54" East, 289.0::! feet
Except therefrom all that land lying northerly of a line that is parallel with and 40 feet southerly, measured
at right angle, from the above described line
Containing an area of 5,560 square feet, more or loss
All bearings and distances described herein are based on the
Caltfornia Coordinate System of 1983 (CCS83). Zone 5, 2007 O
epoch. To obtain ground distances, mulbply distances shown
herein by 1.00006602.
Li:,qal. W.\WORK1180!J~~11.199911U:liJ,\SURV[Y',L[GALS';C DtCC 513-0 022 ro15 TC[ DOCX SFHllcw
r.,·,.Dit "J IACAll',Wom<.11 B3051~J_•,_::,y_'•L_c_•[l-al_c::_,1_1•!._·,t-;1-1 ~-J-o,_· , __ f"_,3_L -:~_·S_C._N __ .t_i_lw_, _______ • ·_,•_-:i_,o_D __ ~I lti I
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 6 of7
r ;;
PonfloklhSmtth
184
EXHIBIT B
CONSTRUCTION
LAYOUT R/W
R/W PER
INCETON AVENUE 52 RS 58 C/L PER
__ ~~,----~ 52 RS 58
CONSTRUCTION ---~---
LA FALDA AVENUE
48 l 47
SCALE: 1"=50' ---120 [MR 33J --.... ~
0 50 100 150
1§1 ROAD (7,146 SQ. FT.)
~ TEMPORARY CONSTRUCTION
~ EASEMENT (5,560 SO. FT)
-
Penfield&Smith
Engineering• Suiveylng · Plannlng
· Construction Management •
11/17/2009
WO 18J05.01 l8305LEGL-50SCALE.dwg APN 51.3-0-022-015
Moorpark/Princeton Ave Widening/Bennett Agreement-TCE -48 Months -Rev. 2021-05-27
Page 7 of7
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Page 14-27
LPP 07-04 September 28, 2007
UTILITY AGREEMENT
(City of Moorpark)
UTILITY AGREEMENT
UTILITY AGREEMENT NO. _____________________ DATE __________________
The City of Moorpark, hereinafter called "LOCAL AGENCY," proposes to widen and improve
Princeton Avenue between Spring Road and Condor Drive to accommodate the construction of Class 2
bike lanes, sidewalks, two-way left-turn lane, and retaining walls, in the City of Moorpark, Ventura County,
California.
And: Ventura County Waterworks District No. 1
hereinafter called "OWNER," owns and maintains domestic water and sanitary sewer facilities within the
limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL
AGENCY’s project.
It is hereby mutually agreed that:
I.WORK TO BE DONE
In accordance with Amendment No. 1 to Agreement for Adjusting to Grade Surface Facilities
Required by City of Moorpark Pavement Rehabilitation Projects and Board of Ventura County
Waterworks District No. 1 Action dated October 6, 2015, LOCAL AGENCY shall relocate
OWNER's domestic water and sanitary sewer facilities as shown on LOCAL AGENCY's contract
plans for the improvement of Princeton Avenue, which by this reference are made a part hereof.
OWNER hereby acknowledges review of LOCAL AGENCY's plans for work and agrees to the
construction in the manner proposed.
Deviations from the plan described above initiated by either the LOCAL AGENCY or the
OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such
Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/acknowledged by
the OWNER, will constitute an approved revision of the plan described above and are hereby made
County Route P.M.Project #
Ventura Local/Moorpark N/A N/A
Federal Aid No.: HSIPL-5436(018)
Owner’s File: Project C0020
FEDERAL PARTICIPATION: On the project: Yes
On the Utilities: No
ATTACHMENT 5
206
Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Page 14-28
LPP 07-04 September 28, 2007
a part hereof. No work under said deviation shall commence prior to written execution by the
OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an
amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the
right to inspect the work during construction. Upon completion of the work by LOCAL AGENCY,
OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes
to LOCAL AGENCY ownership of the replaced facilities except in the case of liability determined
pursuant to Water Code 7034 or 7035.”
II. LIABILITY FOR WORK
The existing facilities described in Section I above will be relocated at OWNER’s expense, up to
$450,000, in accordance with Amendment No. 1 to the Agreement Between City of Moorpark and
Ventura County Waterworks District No. 1, dated October 6, 2015, and in accordance with Board
of Ventura County Waterworks District No. 1 Action authorizing payment of design, construction,
and issue reimbursement payments in connection with the LOCAL AGENCY’s Princeton Avenue
Widening Project in the not-to-exceed amount of $450,000, dated October 6, 2015. The LOCAL
AGENCY’s expense will be the total amount more than $450,000, if applicable.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by LOCAL
AGENCY, as described in Section I above, for the purpose of inspection to ensure that the work is
in accordance with the specifications contained in the Highway Construction Contract; however,
all questions regarding the work being performed will be directed to LOCAL AGENCY's Resident
Engineer for their evaluation and final disposition.
Use of personnel requiring lodging and meal “per diem” expenses will not be allowed without prior
written authorization by LOCAL AGENCY’s representative. Requests for such authorization must
be contained in OWNER’s estimate of actual and necessary relocation costs. OWNER shall include
an explanation why local employee or contract labor is not considered adequate for the relocation
work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under
the California Department of Human Resources travel expense guidelines.
Work performed by LOCAL AGENCY and OWNER’s contractor is a public work under the
definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements;
but, work performed directly by Owner’s employees falls within the exception of Labor Code
Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not
subject to prevailing wages. OWNER shall verify compliance with this requirement in the
administration of its contracts referenced above.
IV. PAYMENT FOR WORK
The OWNER shall pay its share of the actual cost of said work included in the LOCAL AGENCY's
highway construction contract within 90 days after receipt of LOCAL AGENCY's bill; compiled
on the basis of the actual bid price of said contract, and in accordance with Amendment No. 1 to
207
Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Page 14-29
LPP 07-04 September 28, 2007
the Agreement Between City of Moorpark and Ventura County Waterworks District No. 1, dated
October 6, 2015, and in accordance with Board of Ventura County Waterworks District No. 1
Action authorizing payment of design, construction, and issue reimbursement payments in
connection with the LOCAL AGENCY’s Princeton Avenue Widening Project in the not-to-exceed
amount of $450,000, dated October 6, 2015. The estimated cost to OWNER for the work being
performed by the LOCAL AGENCY's highway contractor is $450,000.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of October 6, 2015 to
review, study and/or prepare relocation plans and estimates for the project associated with this
Agreement may be billed pursuant to the terms and conditions of this Agreement.
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to
eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing,
and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The
Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
All obligations of LPA under the terms of this Agreement are subject to the acceptance of the
Agreement by LPA Board of Directors or the Delegated Authority (as applicable), the passage of
the annual Budget Act by the State Legislature, and the allocation of those funds by the California
Transportation Commission.
OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the
completion of the work described herein.
Upon completion of the work to be done by LOCAL AGENCY in accordance with the above-
mentioned plans and specifications, the new facilities shall become the property of OWNER, and
OWNER shall have the same rights in the new location that it had in the old location.
LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule,
is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by
LOCAL AGENCY and its representatives concerning the Buy America Rule requirements for
utility relocations within the State of California. Not withstanding any provision herein to the
contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy
America Rule if OWNER’s actions are in compliance with the Guidance.
208
Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Page 14-210
LPP 07-04 September 28, 2007
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above
written.
CITY OF MOORPARK VENTURA COUNTY WATERWORKS
DISTRICT NO. 1
____________________________________________________________________
Troy Brown, City Manager
Attest:
__________________________________
Ky Spangler, City Clerk
209
VENTURA COUNTY
WATERWORKS DISTRICTS
Representing: Ventura County Waterworks Districts No. 1, 16, 17 & 19
October 6, 2015
Board of Ventura County Waterworks District No. 1
800 South Victoria Avenue
Ventura, California 93009
COUNTY OF VENTURA
PUBLIC WORKS AGENCY
JEFF PRATT
Agency Director
Water & Sanitation Department
David J. Sasek
Director
Eric Keller
Operations,
Maintenance, and
Development
Susan Pan
Planning,
Design, and
Construction
Jozi Scholl
Customer Service,
Billing, and
Administration
Subject: Approval of Amendment No. 1 to the Existing Agreement
Between City of Moorpark and Ventura County Waterworks
District No. 1 (December 9, 2009) Regarding Relocation of
District Facilities Affected by Street Improvement Projects
Initiated by City, Including Payment of Design, Construction
and Administration Costs; and Authorization of the Director of
Water and Sanitation to Issue Reimbursement Payment Not to
Exceed $450,000 in Connection with the Princeton Avenue
Widening Project by the City of Moorpark; Supervisorial
District No 4.
Recommendations:
1. Approve, and authorize the Chair to sign, the attached Amendment No. 1 (Exhibit
2) to the existing Agreement between the City of Moorpark (City) and Ventura
County Waterworks District No. 1 (District) dated December 9, 2009, regarding
relocation of District facilities impacted by City Street Improvement Projects (Exhibit
1).
2. Authorize the Director of Water and Sanitation to issue reimbursement payments,
pursuant to the agreement to the City, in a total sum not to exceed $450,000 for
relocation of District facilities including the design, construction, and contract
administration costs associated with the City's Princeton Avenue Widening Project.
Fiscal/Mandates Impact:
Mandatory:
Source of Funding:
Funding Match Required:
Impact on Other Departments:
No
District's Water and Sewer Service Charges
None
None
6767 Spring Road • P.O. Box 250 • Moorpark, California 93021-0250
(805) 378-3000 • FAX (805) 529-7542 • http://publicworks.countyofventura.org
210
Board of Ventura County Waterworks District No. 1
September 15, 2015
Page 2 of 3
Summary of Revenue and Total Costs:
Revenue:
Costs:
Direct
Indirect-Agency/Dept.
Indirect-CAP
Total Costs
Net District Costs
Recovered Indirect Costs
FY 2015-16
$ -0-
$ 450,000
-0-
-0-
$ 450,000
$ 450,000
-0-
FY 2016-17
$ -0-
Current Fiscal Year Budget Projection:
Current FY 2015-16 Budget Projection for
Ventura County Waterworks District No, 1- Unit 4300 Water
Adopted
Budget
Adjusted
Budget
Projected
Budget
Estimated
(Savings/Deficit)
-0- Appropriations $25,019,000 $25,258,773 $25,258,773
Revenue $18,108,600 $18,108,600 $18,108,600 -0-
Net Cost $6,910,400 $7,150,173 $7,150,173 -0-
Appropriations and revenue are included in the FY16 Adjusted Budget.
Current FY 2015-16 Budget Projection for
Ventura County Waterworks District No, 1- Unit 4305 Sewer
Adopted
Budget
Adjusted
Budget
$15,391,643
Projected
Budget
$15,391,643
Estimated
(Savings/Deficit)
-0- Appropriations $15,229,000
Revenue I $7,445,700
Net Cost
$7,783,300
$7,945,943
$7,945,943 -0-
Appropriations are included in the FY 16 Adjusted Budget.
Discussion:
The District owns and operates a potable water system and sanitary sewer lines within
the City of Moorpark. These facilities are maintained by the District within the City's rights
of way under an encroachment permit. The City has prior rights within its rights of way
with respect to conflicts between District facilities and any existing or proposed City-
owned improvements.
The City's Street Improvement Projects, specifically the Princeton Avenue Widening
Project, require relocation of the affected water and sewer facilities owned by the District.
The District was notified by letter and directed to relocate these facilities (utilities).
The attached Amendment No. 1 to the existing Agreement with the City dated December
9, 2009, would enable the City's consultant and contractor to design and relocate the
$7,445,700 $7,445,700 $7,445,700 $7,445,700 -0- -0-
211
Board of Ventura County Waterworks District No. 1
September 15, 2015
Page 3 of 3
District's water and sewer facilities, thereby reducing costs and eliminating conflicts
usually associated with multiple contractors working in a given street. The District shall
reimburse the City for all design, construction, and contract administration costs related
to the water and sewer system relocations.
The accepted practice of implementing this agreement has been that during the design
phase of the project, the City will coordinate and provide the engineering plans and
specifications prepared by their consultant to the District for review. The District's
comments would be incorporated into the final plans and specifications. The City includes
construction contract bid item(s) for the relocation of District facilities in the City's plans
and specifications. Upon receipt of the public bids prior to awarding a construction
contract, the City will notify the District in writing if the estimated construction cost for the
relocation work is 15% higher than the original engineer's construction cost estimate for
such work. In such event, the District will have five working days to notify the City in
writing if the District chooses to complete the work with its own forces and/or contractor.
Otherwise, the District accepts the estimated construction cost, and the City will proceed
with award of the contract.
District staff estimate that such costs shall not exceed $450,000 for the design,
construction and contact administration, including a 17% contingency. Accordingly, the
Board is requested to approve Amendment No. 1 and to authorize the Director of Water
and Sanitation to issue reimbursement payment to the City in a total sum not to exceed
$450,000.
This item has been reviewed by the offices of the County Executive, County Counsel, and
the Auditor-Controller's Office. albff the_r;lino questions regarding this item, please contact me at (805) 654-2075.
David asek
Director, Water and Sanitation Department
Exhibit 1
Existing Agreement between City of Moorpark and Ventura County
Waterworks District No. 1, dated December 9, 2009
Exhibit 2 Amendment No. 1 to the Agreement
Exhibit 3 Engineer's Cost Estimate-Princeton Ave-Utilities Relocation
212
Item# 19
11 /10109
Rosa G
eputy Cle
EXHIBIT 1
BOARD MINUTES
BOARD OF SUPERVISORS, COUNTY OF VENTURA, STATE OF CALIFORNIA
SUPERVISORS STEVE BENNETT, LINDA PARKS,
KATHY I. LONG, PETER C. FOY AND JOHN ZARAGOZA
November 10, 2009 at 8:30 a.m.
415.100
CONSENT — PUBLIC WORKS AGENCY - Waterworks Districts - Approval of, and
Authorization for, an Agreement Between the City of Moorpark and Ventura
County Waterworks District No. 1 to Relocate District Facilities Affected by
Pavement Rehabilitation Projects Initiated by the City; and Approval of, and
Authorization for, the Director of Water and Sanitation to Issue Work Orders Not
to Exceed $100,000 on an As-Needed Basis (Subject to Available Appropriations)
(X) All board members are present.
(X) Upon request of Supervisor Lonq Consent Item 14 will be heard as Regular
Agenda Item.
((X) Upon request of Supervisor Parks Consent Item 18 will be heard as Regular
Agenda Item.
(X) Upon motion of Supervisor Long, seconded by Supervisor Parks, and duly
carried, the Board hereby approves the staff recommendations as stated in the
respective Board letters for consent items 10 — 13, 15-17. and 19-22.
By:
CLERK'S CERTIFICATE
I hereby certify that the annexed instrument
is a true and correct copy of the document
which is on file in this office.
MARTY ROBINSON, Clerk of the Board of Supervisors,
County of Ventura, State of Celiforri
Dated. ki
By:
DISTRIBUTION: Originating Agency, Auditor, File
213
COUNTY OF VENTURA
PUBLIC WORKS AGENCY
JEFF PRATT
Agency Director
Water & Sanitation Department
R. Reddy Pakala
Director
Anne Dana
Administration
Satya Karra
Operations
Cefe Munoz
Engineering
VENTURA COUNTY
WATERWORKS DISTRICTS
Representing: Ventura County Waterworks Districts No. 1, 16, 17, and 19
November 10, 2009
Board of Ventura County Waterworks District No. 1
800 South Victoria Avenue
Ventura, CA 93009
Sub'ect: Approve and Authorize Agreement Between City of Moorpark and
Ventura County Waterworks District No. 1 to Relocate District
Facilities Affected by Pavement Rehabilitation Projects Initiated by
City, and Authorize Director of Water and Sanitation to Issue Work
Orders Not to Exceed $100,000 on As-Needed Basis
Recommendation(sl:
1. Approve and authorize the Chair to sign the attached agreement between the
City of Moorpark (City) and Ventura County Waterworks District No. 1 (District) to
relocate District facilities affected by Pavement Rehabilitation Projects initiated by
the City.
2. Authorize the Director of Water and Sanitation to issue work orders to the City in
a total sum not to exceed $100,000 on an as-needed basis (subject to available
appropriations).
Fiscal/Mandates Impact:
Mandatory:
Source of Funding:
Funding Match Required:
Impact on Other Departments:
No
District's Water and Sewer Service Charges
None
None
Hall of Administration • L #1600
800 South Victoria Avenue • Ventura, California 93009-1600
Phone (805) 654-2076 • FAX (805) 654-3952 • http://publicworks.countyofventura.org t:1*
214
Board of Ventura County Waterworks District No. 1
November 10, 2009
Page 2
Summary of Revenue and Total Costs:
Revenue:
Costs:
Direct
Indirect-Agency/Dept.
Indirect-CAP
Total Costs $
Net District Costs $
Recovered Indirect Costs
Appropriations are included in the FY 10 Adopted Budget.
Current FY Budget Projection:
FY 2009-10
$ -0-
$ 100,000
-0-
-0-
FY 2010-11
$ -0-
$ 100,000
-0-
-0--
100,000
$ 100,000
100,000
$ 100,000
-0- -0-
Current FY 2009-10 Budget Projection for
Ventura County Waterworks District No. 1- Water
Adopted
Budget
Adjusted
Budget
Projected
Budget
Estimated
(Savings/Deficit)
-0- Appropriations 31,255,700 31,470,825 31,470,825
Revenue 20,655,000 20,655,000 20,655,000 -0-
Net Cost 10,600,700 10,815,825 10,815,825 -0-
Current FY 2009-10 Budget Projection for
Ventura County Waterworks District No. 1- Sewer
Adopted
Budget
Adjusted
Budget
Projected
Budget
Estimated
(Savings/Deficit)
-0- Appropriations 35,589,430 39,821,091 39,821,091
Revenue 24,029,900 24,029,900 24,029,900 -0-
Net Cost 11,559,530 15,791,191 15,791,191 -0-
Discussion:
The District owns and operates potable water system and sanitary sewer lines within
the City of Moorpark. These facilities are maintained by the District within the City's
rights of way under an encroachment permit. The City has prior rights within its rights of
way with respect to conflicts between District facilities and any existing or proposed
City-owned improvements.
The City's Pavement Rehabilitation Projects require resurfacing of the streets, which
require adjustment to the elevations of the affected water and sewer facilities owned by
the District.
215
Board of Ventura County Waterworks District No. 1
November 10, 2009
Page 3
The attached agreement with the City would enable the City's contractors to relocate
and adjust the District's water and sewer facilities, thereby reducing costs and
eliminating conflicts usually associated with multiple contractors working in a given
street. The District shall reimburse the City for all costs related to the water and sewer
system adjustments or relocations.
During the design phase of the project, City will identify the District's surface facilities
that need to be adjusted to facilitate pavement rehabilitations of the City streets. City
will include a construction contract bid item for the adjustment of District facilities in the
City's plans and specifications. Upon receipt of the public bids prior to awarding a
construction contract, City shall provide the final cost of adjusting the Districts facilities
to the District. After reviewing the costs for the adjustment of the District facilities,
District may decide to relocate the facilities on its own or authorize the City to award the
contract to the lowest responsible bid for a given pavement rehabilitation project.
The District staff estimates that such costs shall not exceed $100,000 in any given fiscal
year. Accordingly, the District staff asks your Board to approve the agreement and to
authorize the Director of Water and Sanitation to issue work orders to the City in a total
sum not to exceed $100,000 on an as-needed basis, subject to available appropriations.
Funds for this project will be paid from the water and sewer budgets.
The project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.
A Notice of Exemption will be filed by the City of Moorpark prior to awarding a
construction contract. If statutorily required, the District will also file a Notice of
Exemption.
This item has been reviewed by the County Executive Office, Auditor-Controller's Office,
and County Counsel.
If you have any questions regarding this item, please call me at 654-2075.
-1--.2 n.--(----czi
R. R. PAKALA
Director, Water and Sanitation Department
Attachment - Agreement
216
Attachment 1
AGREEMENT FOR ADJUSTING TO GRADE SURFACE FACILITIES AFFECTED BY
CITY OF MOORPARK PAVEMENT REHABILITATION PROJECTS
This Agreement is made and entered into in the City of Moorpark on this ql4t- day of
tecr.r.inEK, 2009, by and between the City of Moorpark ("City"), a public body, corporate
and politic, and Ventura County Waterworks District No. 1 ("District").
WITNESSETH
Whereas, District owns and operates certain potable water, recycled water and
sanitary sewer facilities ("Facilities") within the City of Moorpark;
Whereas, said Facilities have been placed and are maintained by the District within
street rights of way ("Streets") owned and maintained by the City;
Whereas, City, as owner of Streets, has prior rights with respect to conflicts
between any Facility and any existing or proposed City-owned improvement ("City
Improvement") within Streets;
Whereas, said City prior rights obligate the District to relocate, and/or pay any and
all costs related to the relocation of, any Facility in conflict with any City Improvement;
Whereas, the City plans to construct Pavement Rehabilitation Projects ("Projects")
requiring the resurfacing of City Improvements;
Whereas, said Facilities include appurtenances generally referred to as manholes,
cleanouts, and valve covers ("Surface Facilities");
Whereas, Surface Facilities may need adjustment to grade or replacement
("Adjustment") as a result of City Improvement.
THEREFORE, based on the terms and conditions herein, and for valuable
consideration received, the parties agree as follows:
1. Term: The term of this Agreement shall extend from the above date of this
Agreement until terminated by either party consistent with the terms of this Agreement.
2. Project Scope: Streets affected will be identified to the District by the City at
such time as the City prepares the design of the City Improvement.
The District and City agree that the City, through its contractors, shall adjust all
affected Surface Facilities and that the District shall reimburse the City for all costs related
thereto except as provided for in this Agreement.
The District and City further agree that except for Surface Facilities as further
addressed in this Agreement, the District shall be responsible to relocate, replace or
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modify ("Relocation") all affected Facilities consistent with applicable City standards,
policies, rules, regulations and procedures pertaining to such work within Streets.
3. Cost: The cost of Adjustment ("Cost") shall include all construction contract
costs incurred by the City related to Relocation efforts, plus fifteen percent (15%) of total
Adjustment construction costs to cover all design, inspection and administrative costs
incurred by the City. Cost shall not include any cost incurred by the District.
4. City Efforts: The City shall undertake all design, construction, construction
engineering and administrative efforts required to undertake and complete the construction
of the City Improvement.
5. District Efforts: The District, at its option, may undertake efforts related to any
individual City Improvement that the District deems necessary, including, but not limited to:
a) reviewing and commenting on the City's plans and specifications; and b) supplementary
inspection of the construction efforts. All District efforts shall be performed in a timely
manner and any District cost related to any such District efforts shall be borne by District.
6. Cost Calculation:
a. Upon completion of the plans and specifications, the City shall calculate the
estimated amount of the Cost and provide the estimated Cost to the District
in writing. The District may, within five (5) working days after receiving the
Cost estimate, notify the City in writing that it will complete the Relocation in
a timely manner with its own forces and/or contractor. Failure to so notify
shall be deemed acceptance of the Cost estimate by the District and the
District will issue work orders to provide direction for the City to proceed to
bid
b. Upon receipt of bids but prior to award of contract, the City shall calculate the
estimated amount of the Cost, based on the bids received, and provide same
to the District.
c. In the event the estimated Cost based on bids received is fifteen percent
(15%) higher than the Cost originally estimated, the City shall so notify the
District in writing prior to award of contract. The District shall have the option
of completing the Adjustment with its own forces and/or contractor if, within
five (5) working days after receiving such notice, the District notifies the City
in writing of its intent to do so. The District's failure to so notify shall be
deemed acceptance of the estimated Cost based upon the bids and direction
for the City to proceed with award of contract.
d. The City shall notify the District in writing of any proposed contract change
orders that exceed ten percent (10%) of the Cost. The District shall notify the
City within five (5) working days of its concurrence or disagreement with the
proposed contract change orders. Failure to so notify shall be deemed
acceptance of the proposed contract change orders.
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e. Upon completion of any individual City Improvement, the City shall calculate
the final Cost, based on amount of actual related contract expenses, and
provide same to the District.
7. Invoice and Payment: Within thirty (30) days of the completion of the
construction of a City Improvement, the City shall provide an Invoice to the District for the
amount of the Cost. Within sixty (60) days of the receipt of said invoice, District shall pay
City the amount of the non-disputed Cost. If the District disputes any of City's Cost it shall
give written notice to City within (30) days of receipt of any disputed Cost set forth on the
invoice. Cases involving a dispute between City and District may be decided by an
arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected, with
costs of arbitration (not including attorney fees) to be equitably allocated between the
parties as determined by the arbitrator.
8. Faithful Performance Bond: The City shall require its general contractor for the
construction of any individual Project to furnish a bond conditioned upon the faithful
performance of the work associated with construction of all Project work, including
Adjustment. City shall require its general contractor to warrant and guarantee all materials
and work for a period of one year after the date of filing of the Notice of Completion on the
Project and that the warranty be secured by a warranty bond or an extension of the
performance bond for the project through the one-year warranty period.
9. Indemnification: City shall indemnify, defend and hold harmless the District and
its directors, officers, employees and agents and the District's Engineers from and against
any and all liability, loss, damage, claims, demands, expenses, costs (including without
limitation reasonable attorney's and expert's fees and costs in connection with litigation) of
any kind or nature (including without limitation personal injury, death, or property damage),
arising out of the failure of City to comply with any of the obligations of this Agreement, or
the performance of Adjustment work by City or its contractor(s) or subcontractor(s) or
anyone directly or indirectly employed by them or anyone for whose acts any of them may
be liable, except where caused by the sole or active negligence or willful misconduct of the
District.
Submission by City of proof of compliance with the insurance requirements of this
Agreement shall not relieve City from liability under this indemnity section and District does
not waive any rights against City because of the District's acceptance of such insurance
polices. The obligations of this indemnification section shall apply regardless of whether:
(a) such insurance policy or policies shall have been determined to apply to any of such
losses, damage, liability, costs, expenses, claims or demands; or (b) the District has
prepared, supplied or approved the Plans, or any changes thereof.
District shall indemnify, defend and hold harmless the City and its directors, officers,
employees and agents and the City's Engineers from and against any and all liability, loss,
damage, claims, demands, expenses, costs (including without limitation reasonable
attorney's and expert's fees and costs in connection with litigation) of any kind or nature
(including without limitation personal injury, death, or property damage), arising out of the
failure of District to comply with any of the obligations of this Agreement, or the
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performance of Adjustment work by District or its contractor(s) or subcontractor(s) or
anyone directly or indirectly employed by them or anyone for whose acts any of them may
be liable, except where caused by the sole or active negligence or willful misconduct of the
City.
10. Insurance: Prior to commencing work on any individual Project, City shall
require its general contractor for the Project to furnish, and City shall provide a copy to the
District, evidence of insurance coverage and additional insured endorsements in a form
acceptable to the District, including the following:
a. The City's contractor, at its sole cost and expense, will obtain and maintain in
full force during the term of its contract the following types of insurance:
1. Commercial General Liability "occurrence" coverage in the minimum
amount of $1,000,000 combined single limit (CSL) bodily injury &
property damage each occurrence and $2,000,000 aggregate,
including personal injury, broad form property damage,
products/completed operations, broad form blanket contractual and
$50,000 fire legal liability.
2. Commercial Automobile Liability coverage in the minimum amount of
$1,000,000 CSL bodily injury & property damage, including owned,
non-owned, and hired automobiles. Also to include
Uninsured/Underinsured Motorists coverage in the minimum amount
of $100,000 when there is owned vehicles. The City's contractor
must have on file evidence of auto insurance in the minimum
amount of $100,000 CSL bodily injury & property damage for all
employees and volunteers associated with its contract.
3. Workers' Compensation coverage, in full compliance with California
statutory requirements, for all employees of the City's contractor and
Employer's Liability in the minimum amount of $1,000,000.
b. All insurance required will be primary coverage as respects the District and
the County of Ventura and any insurance or self-insurance maintained by the
District or the County of Ventura will be excess of the City's contractor's
insurance coverage and will not contribute to it.
c. The District is to be notified immediately if any aggregate insurance limit is
exceeded. Additional coverage must be purchased to meet requirements.
d. The District, the County of Ventura, and their boards, agencies, departments,
offices, employees, agents, and volunteers are to be named as Additional
Insureds as respects work done by the City contractor under the terms of the
contractor's contract with the City on all policies required (except Workers'
Compensation).
e. The City's contractor agrees to waive all rights of subrogation against the
District, County of Ventura, and their boards, agencies, departments, officers,
employees, agents and volunteers for losses arising from work performed by
the contractor under the terms of it contract with the City.
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f. Policies will not be canceled, non-renewed or reduced in scope of coverage
until after sixty (60) days written notice has been given to the District.
g. The City's contractor agrees to provide the District with the following
insurance documents on or before the effective date of it's contract with the
City:
1. Certificates of Insurance for all required coverage.
2. Additional Insured endorsements.
3. Waiver of Subrogation endorsements (a.k.a.: Waiver of Transfer
Rights of Recovery Against Others, Waiver of Our Right to Recover
from Others)
Failure to provide these documents will be grounds for immediate termination or
suspension of this contract.
11. Completion and Acceptance: Prior to acceptance of Project by the City, the
District's Engineer shall have the right to reject any or all of the Adjustment work if the work
does not conform to the requirements of the City Improvement plans and specifications.
Upon satisfactory completion of all required Adjustment efforts, the District shall certify in
writing that the work has been satisfactorily completed. At the completion of the
construction of the City Improvement, the City shall execute, acknowledge, and record a
notice of completion in the manner provided by law. Upon completion of the construction
of the City Improvement, all Surface Facilities which were subject to Relocation shall vest
in and become the property of the District.
12. Compliance with Law: City shall comply, and cause its contractor(s) and
subcontractor(s) to comply, with all federal, state, and local statutes, laws, ordinances,
rules, regulations, and orders (including safety orders) applicable to the work to be done,
and shall provide safe access for the District's Resident Inspector to all parts of the City
Improvement and to any areas where the work is in progress.
13. Termination of Agreement: This Agreement may be terminated at any time
by the City or the District by giving at least sixty (60) calendar days prior written notice to
the other party of intent to terminate the Agreement, except that the mutual indemnification
provisions and reimbursement obligations contained herein shall survive such termination
for completed City Improvements. Within thirty (30) days of the date of termination, the
City shall provide an Invoice to the District for any accrued Cost. Within thirty (30) days of
the receipt of said invoice, District shall pay City the amount of the invoice.
14. Partial Invalidity: If any term, covenant, condition or provision of this
Agreement is found by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions herein shall remain in full force and effect,
and shall in no way be affected, impaired, or invalidated thereby.
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15. Modification Only in Writing: No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties. No oral
understanding or agreement not incorporated herein shall be binding on any of the parties.
16. Joint Drafting: This Agreement has been jointly negotiated and drafted. The
language of this Agreement shall be construed as a whole according to its fair meaning
and not strictly for or against any party.
17. California Law: This Agreement shall in all respects be interpreted, enforced
and governed by and under the laws of the State of California applicable to instruments,
persons, and transactions, which have legal contact and relationships solely within the
State of California. Should any litigation be filed concerning this Agreement, such litigation
shall be filed and heard in a court of competent jurisdiction for the County of Ventura.
18. Gender: Whenever in this Agreement the context so requires:
a. "And" shall include "or" and vice versa;
b. The neuter gender shall be deemed to refer to and include the masculine
and the feminine gender; and
c. The singular shall be deemed to refer to and include the plural.
19. Notices: All notices or requests shall be delivered by either party to the other
by depositing the same in the United States mail with postage prepaid for delivery to the
addresses stated below:
District:
Ventura County Waterworks District No. 1
Attn: Reddy Pakala, Director
6767 Spring Road
P.O. Box 250
Moorpark, California 93020
City:
City of Moorpark
Attn: Steven Kueny, City Manager
799 Moorpark Avenue
Moorpark, California 93021
20. No waiver: No failure or delay by either party in asserting its rights or remedies
hereunder as to any default shall operate as a waiver of the default, of any subsequent or
other default, or any rights or remedies. No such delay shall deprive either party of its right
to institute and maintain any action or proceeding which may be necessary to protect,
assert, or enforce any rights or remedies arising out of this Agreement or the performance
thereof.
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21. Counterparts: This Agreement may be executed in counterparts and such
counterparts shall constitute one agreement, binding on all the parties hereto.
22. Authority: Each person executing this Agreement warrants and represents to
the other party that it has the authority to execute this Agreement, that it has read and fully
understands this Agreement, and that it is entering into this Agreement freely and
voluntarily.
23. Further Documents: Each party hereto agrees to cooperate fully and to carry
out the spirit and intent of this Agreement, and shall execute and deliver such additional
documents, instruments and other materials as may be reasonably requested by the other
party.
24. Headings: Paragraph headings in this Agreement are for reference purposes
only and shall not be considered in interpreting this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year written below.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
Dated: By:
Chair, Beoviot oF Sfzitx;1/4$
CITY OF OF MOORPARK
By: Dated:
Steven Kueny
City Manager
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AMENDMENT NO. 1 TO AGREEMENT FOR ADJUSTING TO GRADE
SURFACE FACILITIES REQUIRED BY CITY OF MOORPARK PAVEMENT
REHABILITATION PROJECTS
This Amendment No. 1 to the Agreement between the City of Moorpark ("City"), a
municipal corporation, and Ventura County Waterworks District No. 1 ("District'), is
made and entered into this 6th day of October 2015.
Whereas, on December 9, 2009, the City and District entered into an agreement
for adjusting to grade District surface facilities required by City pavement rehabilitation
projects; and
Whereas, District owns and operates certain potable water, recycled water and
sanitary sewer facilities ("Facilities") within the City of Moorpark; and
Whereas, the City and District have determined that said Facilities include
underground pipes, valves, fittings, manholes and related appurtenances
("Underground Facilities"); and
Whereas, said Facilities have been placed and are maintained by the District,
within street rights-of-way ("Streets") owned and maintained by the City; and
Whereas, City, as owner of Streets, has prior rights with respect to conflicts
between any utility and any existing or proposed City-owned improvement ("City
Improvement") within Streets; and
Whereas, said City prior rights obligate the District to relocate, and/or pay any
and all costs related to the relocation of, any Facility in conflict with any City
Improvement; and
Whereas, the City plans to construct infrastructure improvement projects,
including but not limited to pavement rehabilitation projects, requiring the replacement,
reconstruction, rehabilitation, relocation, removal, modification and widening of City
Improvements ("Projects"); and
Whereas, Underground Facilities may need relocation, replacement, removal,
modification or adjustment ("Relocation") as a result of City Improvement.
Now, therefore, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto agree to amend the aforesaid Agreement as follows:
I. Section 2, Project Scope, of the Agreement is amended to read, in its entirety,
as follows:
"a. Streets affected will be identified to the District by the City at such time as the
City prepares the design of the City Improvement.
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VI. Section 9, Indemnification, of the Agreement is amended to read, in its
entirety, as follows:
"City shall indemnify, defend and hold harmless the District and its directors,
officers, employees and agents and the District's Engineers from and against any and
all liability, loss, damage, claims, demands, expenses, costs (including without limitation
reasonable attorney's and expert's fees and costs in connection with litigation) of any
kind or nature (including without limitation personal injury, death, or property damage),
arising out of the failure of City to comply with any of the obligations of this Agreement,
or the performance of Adjustment and/or Relocation work by City or its contractor(s) or
subcontractor(s) or anyone directly or indirectly employed by them or anyone for whose
acts any of them may be liable, except where caused by the sole or active negligence or
willful misconduct of the District.
Submission by City of proof of compliance with the insurance requirements of
this Agreement shall not relieve City from liability under this indemnity section and
District does not waive any rights against City because of the District's acceptance of
such insurance polices. The obligations of this indemnification section shall apply
regardless of whether: (a) such insurance policy or policies shall have been determined
to apply to any of such losses, damage, liability, costs, expenses, claims or demands; or
(b) the District has prepared, supplied or approved the plans, or any changes thereof.
District shall indemnify, defend and hold harmless the City and its directors,
officers, employees and agents and the City's Engineers from and against any and all
liability, loss, damage, claims, demands, expenses, costs (including without limitation
reasonable attorney's and expert's fees and costs in connection with litigation) of any
kind or nature (including without limitation personal injury, death, Or property damage),
arising out of the failure of District to comply with any of the obligations of this
Agreement, or the performance of Adjustment and/or Relocation work by District or its
contractor(s) or subcontractor(s) or anyone directly or indirectly employed by them or
anyone for whose acts any of them may be liable, except where caused by the sole or
active negligence or willful misconduct of the City."
VII. Section 11, Completion and Acceptance, of the Agreement is amended to
read, in its entirety, as follows:
"Prior to acceptance of Project by the City, the District's Engineer shall have the
right to reject any or all of the Adjustment and/or Relocation work if the work does not
conform to the requirements of the City Improvement plans and specifications. Upon
satisfactory completion of all required Adjustment and Relocation, the District shall
certify in writing that the work has been satisfactorily completed. At the completion of
the construction of the City Improvement, the City shall execute, acknowledge, and
record a notice of completion in the manner provided by law. Upon completion of the
construction of the City Improvement, all Surface and Underground Facilities which
were subject to Adjustment and/or Relocation shall vest in and become the property of
the District."
VIII. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
-4-
225
By:
In witness whereof, the parties hereto have executed this Amendment on the day
and year written below.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
Dated:
/ 3//
226
uty Clerk of the'Board
By:
Brian Palmer
Chief Deputy Clerk of the Board
BOARD MINUTES
BOARD OF SUPERVISORS, COUNTY OF VENTURA, STATE OF CALIFORNIA
SUPERVISORS STEVE BENNETT, LINDA PARKS,
KATHY I. LONG, PETER C. FOY AND JOHN ZARAGOZA
October 6, 2015 at 8:30 a.m.
CONSENT — PUBLIC WORKS AGENCY - Waterworks Districts — Approval of the
First Amendment to Existing Agreement Between the City of Moorpark (City) and
the Ventura County Waterworks District No. 1, Dated December 9, 2009,
Regarding Relocation of District Facilities Impacted by Street Improvement
Projects Initiated by the City, Including Payment of Design, Construction and
Administration Costs; and Authorization for the Water and Sanitation Director to
Issue Reimbursement Payments in Connection with the City's Princeton Avenue
Widening Project in the Not-to-Exceed Amount of $450,000; Supervisorial District
No. 4.
(X) Ali Board members are present.
(X) Upon request of Supervisor Bennett, Consent Item 15 is heard as a Regular
Agenda Item.
(X) Upon request of Supervisor Parks, Consent Item 18 is heard as Regular Agenda
Item.
(X) Upon motion of Supervisor Parks, seconded by Supervisor Foy, and duly carried,
the Board hereby approves the staff recommendations as stated in the
respective Board letters for Consent Items 11 - 22, with a revised Resolution for
Item 12, and with a revised Board Letter for Item 20.
I -;i`y that the a 11 nxed intrument is
tato 4:UV! ..").1,T"Ct copy of the docurrient which is
MiCHAEL POWERS
121111)1r
Clerk of he Board of Supervisors
County QZ Ventura, State of California
Item # 20
10/6/15
227
Item
No.
1
*DESIGN: •
2900 LF of New 6" PVC Water Main
• Abandon 2900 LF of existing 6” AC water main in place.
• Remove previously abandoned 4" steel water line.
• Raise 3 sewer MHs
Relocate:
• 2 Fire Hydrants
• 10 Water Meters
• 1 Hose Bib
• 2 Backflow Preventers
• 1 Air Vac
• 10 Water Valves
LS $35,000
2 City of Moorpark -Design Contract Administration (15%)LS $5,250
3
*CONSTRUCT:
• 2900 LF of New 6" PVC Water Main
• Abandon 2900 LF of existing 6” AC water main in place.
• Remove previously abandoned 4" steel water line. •
Raise 3 sewer MHs Relocate:
• 2 Fire Hydrants
• 10 Water Meters
• 1 Hose Bib
• 2 Backflow Preventers
• 1 Air Vac
• 10 Water Valves
LS $300,000
4 City of Moorpark-Construction Contract Administrative (15%)LS $45,000
$385,250
$64,750
$450,000
*Provided by City's design consultant-Stantec Engineering
E. Keller, August 2015
QuantityDescription
Exhibit 3
Subtotal:
TOTAL:
17% Contingency
ENGINEER’S ESTIMATE
PRINCETON AVENUE WIDENING PROJECT - City of Moorpark
Required Utility Relocations
Item Total
228