HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10RCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 6, 2023
ACTION APPROVED STAFF
RECOMMENDATIONS.
BY A. Hurtado.
R. Consider License Agreement and Right of Entry Agreement with Ventura County
Transportation Commission for Public Art Installation at the Moorpark Metrolink
Station North Parking Lot. Staff Recommendation: 1) Approve License Agreement
with Ventura County Transportation Commission for public art installation at the
Metrolink Station North Parking Lot and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager; and 2) Approve
Right of Entry Agreement with Ventura County Transportation Commission for
installation of public art at the Metrolink Station North Parking Lot and authorize
the City Manager to sign the Agreement, subject to final language approval of the
City Manager. (Staff: Chris Ball, Senior Management Analyst)
Item: 10.R.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Chris Ball, Senior Management Analyst
DATE: 09/06/2023 Regular Meeting
SUBJECT: Consider License Agreement and Right of Entry Agreement with
Ventura County Transportation Commission for Public Art Installation
at the Moorpark Metrolink Station North Parking Lot
BACKGROUND
On June 1, 2022, the City Council approved the artwork and contract for a new public art
installation at the Moorpark Metrolink Station north parking lot, located at 300 East High
Street. The project is funded through the City’s Art In Public Paces (AIPP) program which
requires certain residential, commercial, and industrial development projects to either
install public artwork or pay an in-lieu fee. In-lieu fees are collected and maintained in the
AIPP Fund exclusively for the AIPP program.
On November 29, 2022, the Arts Commission approved the final design of the artwork,
titled “Moorpark Orchard.” The artwork consists of eight unique steel ‘tree’ sculptures,
each with its own character and sensibility. The design of each tree incorporates
industrial elements related to the site’s heritage such as train wheels, tracks, and tools,
as well as fruit common to Moorpark’s farms such as apricots, oranges, and other
produce. Additional historically significant imagery like the egg and the apricot blossom
are also incorporated into the designs of individual trees. Each sculpture stands
approximately ten feet tall, with the steel treated to evoke a weathered, industrial feel.
Elements of each tree are painted to enhance and enliven the installation. The artwork
is currently under fabrication at the artist’s studio in Berkeley, California, with installation
anticipated this Fall. Additional information about the project is available on the City
website at www.moorparkca.gov/moorparkorchard.
Item: 10.R.
400
Honorable City Council
09/06/2023, Regular Meeting
Page 2
DISCUSSION
The Moorpark Metrolink Station north parking lot spans property owned by the City of
Moorpark and the Ventura County Transportation Commission (VCTC). The sculptures
will be located along both sides of the central walkway that connects High Street to the
train station, with four sculptures installed on each side of the walkway. While the
walkway is located entirely on City of Moorpark property, the footings for the four
sculptures located on the east side of the walkway will encroach several inches onto
VCTC property. To accommodate this encroachment and allow for the installation of the
sculptures VCTC requires execution of a License Agreement and a Right of Entry
Agreement. The License Agreement authorizes the installation of the artwork at the
planned locations, while asserting VCTC’s right to control the VCTC areas impacted by
the artwork installation. The Right of Entry Agreement provides the necessary
authorization to perform the installation of the artwork, with the dates of access to be
added when the installation schedule is finalized. Draft License and Right of Entry
Agreements are included as Attachments 1 and 2 respectively.
ENVIRONMENTAL DETERMINATION
The Community Development Director has evaluated the Metrolink Station north parking
lot public art project for compliance with CEQA and determined that the proposed action
is categorically exempt from environmental review in accordance with Section 15301,
Class 1 (existing facilities) and Section 15311, Class 11 (accessory structures). The
proposed project involves placement of a minor structural accessory at an existing public
parking lot with no proposed expansion of existing use.
FISCAL IMPACT
The VCTC License and Right of Entry Agreements each include nominal one-time
administrative fees of $1.00. The License Agreement also establishes an annual license
fee of $1.00. No additional appropriation is requested as adequate funding for these fees
has been budgeted in the Metrolink Station North Parking Lot Public Art Project (C0052)
for Fiscal Year 2023/24. In future years, the license fee will be budgeted out of the AIPP
fund (2007) which has an estimated year-end fund balance of $5.2 million dollars.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1.Approve License Agreement with Ventura County Transportation Commission for
public art installation at the Metrolink Station North Parking Lot and authorize the
401
Honorable City Council
09/06/2023, Regular Meeting
Page 3
City Manager to sign the Agreement, subject to final language approval of the City
Manager; and
2. Approve Right of Entry Agreement with Ventura County Transportation
Commission for installation of public art at the Metrolink Station North Parking Lot
and authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager.
Attachment 1: Draft License Agreement
Attachment 2: Draft Right of Entry Agreement
402
Ventura County Transportation Commission
Ventura County Main Line
License Agreement
Agreement Number: U-MOOR-XXX.XX-2023
Mile Post: XXX.XX
Location: 300 High St. - Moorpark, Ventura County, California
Licensee: City of Moorpark
This agreement, dated as of this XX day of _____ 2023 ("Effective Date"), the "Agreement" or
“License" is between Ventura County Transportation Commission ("VCTC") as "Licensor" and
City of Moorpark as "Licensee" collectively referred to herein as "Parties".
WHEREAS, Licensor desires to grant and Licensee desires to obtain a License to construct,
install, and maintain a public art installation at the Moorpark Metrolink Station – North Parking Lot.
The project will include the installation of a series of eight (8) ten-foot-tall metal sculptures lining
the central walkway that spans the parking lot.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree to the following:
1.LICENSE
(a)Licensee Activities. Licensor hereby grants to Licensee, insofar as it has the legal right
and its present title hereby permits and subject to the limitations contained in this
Agreement, a License to construct, install, and maintain public art installations, in the
License Area, in strict accordance with the drawings and specifications approved by
VCTC.
(b)VCTC Approval. Notwithstanding anything contained herein, Licensee will obtain the
Licensor's review and written approval of the Drawings, Specifications and
Construction Details for the public art installations prior to any installation or
construction activities.
(c)No Warranty. Licensee agrees that it is accepting the License without any warranty or
representation by VCTC whatsoever and subject to any and all valid and existing
licenses, leases, grants, exceptions, encumbrances, title defects, matters of record,
reservations and conditions.
(d)Private Rights/No Transfer. The License shall be used solely for the purposes stated
in this Agreement and Licensee shall not permit it to be used for any other purpose.
No lease, assignment of any type or transfer or conveyance of a real property interest
is intended by this License.
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(e)No Modification in Location. The public art installations shall be located in exact
accordance with Exhibit A and no departure shall at any time be made therefrom
except upon the prior written approval of VCTC's Executive Director.
(f)Prior to installation of the public art, Licensee shall obtain all necessary waivers and/or
rights from the artist(s) pursuant to the Visual Artist Rights Act (“VARA”) and the
California Art Preservation Act (“CAPA”) to ensure that the public art within the License
Area may be modified, relocated, altered, maintained, and/or removed (even if such
activities may damage or destroy the public art and even if such public art has not
reached the end of its useful life) at any time without any further approvals from the
artist(s). Licensee understands and agrees that VCTC retains the paramount right to
utilize the License Area pursuant to Section 6 of this Agreement and Licensee shall
ensure that its agreement with the artist(s) recognizes and protects such paramount
rights of VCTC. Prior to installation of the public art, License shall provide VCTC with
documentation, acceptable to VCTC, which demonstrates that such waivers and/or
rights related to VARA and CAPA have been obtained from the artist(s).
2.PAYMENT, LICENSE AND MAINTENANCE FEES
(a)Contemporaneously with execution of this Agreement, Licensee shall pay Licensor a
one-time Processing Fee of One dollar ($1).
(b)Licensee shall pay VCTC an annual payment of $1 ("License Fee"). Licensee shall
have no right of refund for any cause whatsoever with respect to License Fees paid to
VCTC, which said sum shall be payable annually commencing as of the 5th day of
_____ 2023. Any License Fee may be adjusted in accordance with the same
percentage of increase as reflected in the "Consumer Price Index for All Urban
Consumers All Items - United States (1967 = 100) compiled by the Bureau of Labor
Statistics of the United States Department of Labor" (Price Index). In no event,
however, shall the License Fee be less than the Licensee Fee payable as of the
effective date of this License.
(c)All Fees required to be paid by Licensee to VCTC pursuant to this Section 2 are due
whether or not notice of such obligation is provided by VCTC to Licensee. Failure to
provide notice to Licensee of any amount due shall not result in a waiver of such
amount due to VCTC.
(d)All payments are due thirty (30) days after the date of invoice. In the event that
Licensee shall fail to pay any monies due to VCTC within thirty (30) days after the
invoice date, then Licensee shall pay ten percent (10%) interest per month on the
unpaid balance.
3.CONSTRUCTION
(a)All materials and work associated with use of this License shall be furnished and
performed by Licensee as specifically set forth in the Drawings, Specifications and
Plans approved by Licensor and shall be at the sole cost and expense of Licensee.
Licensee is responsible for any reasonable costs associated with and incurred by
VCTC and/or its agent/representative in conducting plan review.
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(b) Licensee, before performing any work to construct and/or install the public art shall
first have received the written approval of detailed plans pursuant to Section 3(a) and
been issued a Notice to Proceed by VCTC's Executive Director or his designee.
(c) At the expiration or termination of this Agreement, Licensor may require Licensee to
remove the public art installations in strict accordance with the Drawings,
Specifications and Construction Details. Licensee shall repair any damage to the
License Area caused by such removal.
4. MAINTENANCE
(a) Licensee shall at all times repair and maintain the public art installations in strict
compliance with the Drawings, Specifications and Construction Details. If Licensee
fails to perform maintenance work when needed after ten (10) days prior notice from
VCTC (except in an emergency whereon no prior notice is required), VCTC or its
agent/representative, for the purpose of protecting and safeguarding its property,
traffic, employees or patrons, may perform such maintenance activities, and
thereafter, bill Licensee in accordance with the terms of Sections 2(d) and 8 hereof for
all costs and expenses incurred by VCTC or its agent/representative.
(b) Licensee agrees that it will not use, generate, store or dispose of, or permit any third
party to use, generate, store, or dispose of, Hazardous Material on, under, about or
within the License Area in violation of any law or regulation. "Hazardous Material" shall
mean any product, substance, chemical or waste that is identified as hazardous, toxic
or dangerous in any applicable federal, state or local law or regulation. This paragraph
shall survive the termination of this Agreement.
(c) When performing any work on the public art installations, Licensee shall provide notice
to VCTC and the operating railroad and be responsible to ensure that people,
equipment and materials are kept a safe distance away from the tracks. In addition,
Licensee shall obtain a written Right of Entry from VCTC prior to commencing any
work on VCTC's property.
5. MAINTENANCE OF RIGHT-OF-WAY
In the event VCTC shall, during the term of this Agreement, be required, or desires at any time,
or from time to time, to change the grade or location of any of its tracks or facilities, or to remove,
construct or add to any of its tracks or facilities upon land owned or used by VCTC or its
agent/representative, then VCTC may, after a minimum of sixty (60) days prior written notice to
Licensee, at the sole cost and expense of Licensee, make such adjustments or relocations in the
public art installations, as may be necessary and bill Licensee for such costs and expenses in
accordance with the terms of Section 7 hereof. In the event any of the work provided for in this
Section 5 requires the adjustment or relocation of any of Licensee's facilities not located on
VCTC's property, then Licensee shall, at its sole cost and expense, promptly make all required
adjustments and relocations to those facilities so affected.
6. VCTC'S PARAMOUNT USE
VCTC and its agent representative shall have the paramount right at all times to use its track(s),
right-of-way and property in the License Area. In the event that Licensee's activities in the License
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Area interfere or conflict with VCTC's use and/or enjoyment of its property, VCTC may require
Licensee to remove or alter, at its own cost and expense, the public art installation to remedy
such interference or conflict or VCTC may make adjustments or relocations necessary to remedy
such interference or conflict in accordance with the procedure outlined in Section 5 above.
Licensee shall exercise the greatest care in the use of the License Area and shall require all
others permitted hereunder to use the License Area to also exercise the greatest care in the use
of the Emergency Crossing.
7.BILLING
Licensee shall pay all bills rendered pursuant to this License within thirty (30) days of presentation
by VCTC.
8.TAXES
Licensee shall assume and pay any and all taxes and assessments which may be levied upon
the License Area pursuant to this License, and Licensee shall indemnify, defend and hold VCTC
harmless therefrom.
9.INDEMNIFICATION / LIABILITY
To the fullest extent permitted by law, Licensee, shall indemnify, defend with counsel acceptable
to VCTC, and hold harmless VCTC, its officers, officials, employees and agents (collectively, with
VCTC, the "VCTC Parties") from and against all liability, loss, cost, claim, demand, action, suit,
legal or administrative proceeding, penalty, deficiency, fine, damage and expense, including
without limitation, any costs or liability associated with violation or alleged violation of VARA
and/or CAPA rights and any reasonable attorney's fees and costs of litigation, (collectively
"Liabilities) to the extent resulting from or arising in connection with the License granted
hereunder, including, but not limited to, flooding of any kind, except to the extent that such
Liabilities are caused by the gross negligence, willful misconduct, or criminal violation, of VCTC
or any VCTC Parties. Licensee obligations under this Section shall survive termination of this
Agreement.
10.CONTAMINATION INDEMNIFICATION
To the fullest extent permitted by law, Licensee, each for itself and on behalf of its successors
and assigns, shall and hereby agrees to defend, hold harmless, and indemnify VCTC Parties from
and against any and all Losses arising out of, or related to, the discovery, presence, release, use,
exacerbation, discharge, storage, generation, manufacture or disposal of any Contamination,
including all Losses arising out of, or related to, any violation on, upon or within the area covered
by this License of any applicable Environmental Law. For the purposes of this Section 10:
"Contamination" means the presence of any chemical, compound, material, substance, or other
matter that (i) is a flammable, corrosive, explosive, hazardous, toxic or regulated material,
substance, or waste, or other injurious or potentially injurious mater ial, whether injurious itself or
in combination with other materials, (ii) is controlled, designated in or governed by any
Environmental Law, or (iii) gives rise to any reporting, notice, or publication requirements or
remediation obligation under any applicable Environmental Law; "Environmental Law" means any
applicable federal, state, local or tribal statute, law, rule, regulation, ordinance , or any
governmental, administrative, or judicial order, decree, directive, or decision, or any other
requirement of any governmental authority , pertaining to the protection of the environmental or
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health and safety that may now be in effect or which may be enacted, adopted, or made effective
at a future date; "Losses" means any claims, obligation, payment, fines, demands, causes of
action, suits, judgments, damages, settlement, compensation, loss contingency, lien, debts,
costs, expenses, losses, reasonable attorneys' fees, other legal costs, penalties, stipulated
penalties, punitive damages, and liability of any kind, alleged by any person or entity or any
governmental authority, including bodily injury and property damage and consequential damages
awarded to a third party against VCTC Parties. Licensee obligations under this Section shall
survive termination of this Agreement.
11.MINIMUM SCOPE AND LIMIT OF INSURANCE
Licensee, before beginning any activities under this Agreement shall procure the types and
amounts of insurance listed below and shall maintain the types and amounts of insurance listed
below for as long as the License granted herein remains in existence.
11.1 Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's
Liability Insurance for any and all persons employed directly or indirectly by Licensee
with limits of not less than one million dollars ($1,000,000.00) per accident.
11.2 Commercial General and Automobile Liability Insurance
11.2.1 Commercial General Insurance. Commercial general liability insurance, including
products liability, covering any loss or liability, including the cost of defense of any
action, for bodily injury, death, personal injury and broad form property damage which
may arise out of the operations or activities of Licensee. The policy shall provide a
minimum limit of $2,000,000 per occurrence/$5,000,000 aggregate. Commercial
general coverage shall be at least as broad as ISO Commercial General Liability form
CG 0001 (current edition) on "an occurrence" basis covering comprehensive General
Liability, with a self-insured retention or deductible of no more than $100,000. No
endorsement shall be attached limiting the coverage.
11.2.2 Automobile Liability. Automobile liability insurance form CA 0001 (current edition)
covering any loss or liability, including the cost of defense of any action, arising from
the operation, maintenance or use of any vehicle pursuant to this Agreement, whether
or not owned by the Licensee, on or off VCTC premises. The policy shall provide a
minimum limit of $1,000,000 per each accident, with a self-insured retention or
deductible of no more than $100,000. This insurance shall provide contractual liability
covering all motor vehicles and mobile equipment to the extent coverage may be
excluded from general liability insurance.
11.2.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be
met by a combination of underlying and umbrella policies as long as in combination
the limits equal or exceed those stated.
11.3 All Policies Requirements.
11.3.1 Subject to prior approval by VCTC, Licensee may meet the requirements through (i)
self- insurance, (ii) coverage through a joint powers insurance authority (JPIA) which
is duly formed under the laws of the State of California, or (iii) utilize a combination of
self-insurance and JPIA coverage, or (iv) commercial insurance policies.
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11.3.2 Verification of coverage. Licensee, prior to beginning any activities under this License,
shall provide VCTC with (1) a Certificate of Insurance that demonstrates compliance
with all applicable insurance provisions contained herein and (2) policy endorsements
to the policies referenced in Section 11.2 adding the VCTC, its officers, agents, and
employees as additional insureds and declaring such insurance primary in regard to
work performed pursuant to this Agreement.
11.3.3 Notice of Reduction in or Cancellation of Coverage. Licensee shall provide at least
thirty (30) days prior written notice to VCTC of any reduction in scope or amount,
cancellation, or modification adverse to VCTC of the policies referenced in Section 11.
11.3.4 Higher Limits. If Licensee maintains higher limits than the minimums specified herein,
then VCTC shall be entitled to coverage for the higher limits maintained by Licensee.
11.4 Waiver of Subrogation. Licensee agrees to waive subrogation which any insurer of
Licensee may acquire from Licensee by virtue of the payment of any loss. Licensee
agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of
subrogation in favor of VCTC for all work performed by Licensee and its employees,
agents and contractors.
11.5 Additional Insurance Obligation. Licensee shall be solely responsible for ensuring that
all equipment, vehicles and other items utilized or operated in the performance of their
activities pursuant to this Agreement are and remain covered by the policies
referenced in Section 11. Licensee shall also ensure that all workers involved in the
performance of the activities under this License are properly classified as employees,
agents or independent contractors and are and remain covered by any and all workers'
compensation insurance required by applicable law.
11.6 Self-Insured Retention. If any of the insurance policies required under this Agreement
includes a self-insured retention that must be paid by a named insured as a
precondition of the insurer's liability, or which has the effect of providing that payments
of the self-insured retention by others, including additional insureds or insurers, do not
serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this
Agreement so as to not prevent any of the parties to this Agreement from satisfying or
paying the self-insured retention required to be paid as a precondition to the insurer's
liability.
12. EFFECTIVE DATE AND TERMINATION
(a) This License shall become and be effective as of the Effective Date set forth above
and shall be terminable upon not less than ninety (90) days' written notice served or
given by either party hereto to the other; provided, however, that this License may be
immediately terminated immediately upon violation of any of the terms of this License
by Licensee, if such violation is not cured or remedied to the satisfaction of VCTC after
thirty (30) days written notice by VCTC to Licensee. In the event of an emergency
Licensor may terminate the License immediately and will take all reasonable steps to
notify Licensee within 24 hours after the emergency. Upon termination of this License
as set forth above, VCTC may remove the public art installation at the sole cost and
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expense of Licensee and shall restore the License Area, as near as possible, to its
previous condition.
(b)Any obligation assumed and any liability which arose or may have arisen or been
incurred by either party hereto prior to termination of this License shall survive the
termination of this License.
13.PERMITS AND APPROVALS
Licensee, at its sole risk, cost and expense, shall obtain all permits and approvals which may be
necessary or appropriate for the activities contemplated under this Agreement and shall comply
with all federal, state and local laws, and assume all cost and expense and responsibility in
connection therewith, without any liability whatsoever on the part of VCTC. Licensee agrees to
forward copies of any permits or approvals to the VCTC. Licensee agrees to indemnify, defend
and hold harmless VCTC therefrom.
14.SUCCESSORS
(a)This License shall inure to the benefit of and be binding upon the parties hereto and
their respective heirs, administrators, successors and assigns, subject, however, to
the terms of Section 14(b) hereof.
(b)The permission and License hereby afforded shall be the personal privilege of
Licensee, and no assignment or transfer thereof by operation of law or voluntary act
of Licensee shall be made, or other use of License Area permitted as herein provided,
without the prior written consent of VCTC which may be withheld for any reason or no
reason.
15.WAIVER
The waiver by VCTC of any breach of any term, covenant, obligation or condition herein contained
shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any
other term, covenant, obligation or condition herein contained.
16.NOTICES
(a)Every notice, approval, consent, or other communication desired or required under
this License shall be effective only upon receipt and only if the same shall be in writing
and sent postage prepaid by overnight mail or United States registered or certified mail
(or a similar mail service available at the time), directed to the other party at its address
as follows (or such other address as either party may designate by notice given from
time to time in accordance with this Section):
If to VCTC:
Ventura County Transportation Commission
Attn: Martin Erickson, Executive Director
751 E. Daily Drive, Suite 420
Camarillo, CA 93010
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If to Licensee:
City of Moorpark
Attn: Troy Brown, City Manager
799 Moorpark Ave.
Moorpark, CA 93021
(b)Notwithstanding anything to the contrary set forth above, in the event VCTC is unable
to locate Licensee, such notices may be posted at or near the License Area.
17.ENTIRE AGREEMENT
The entire agreement between VCTC and Licensee pertaining to the License Area is set forth in
this License and there are no understandings, agreements, or representations of any kind
between the parties, verbal or otherwise other than as set forth in this License. No change or
modification of any of the terms, obligations or provisions hereof shall be valid unless in writing
and signed by the parties hereto.
18.PARTIAL INVALIDITY
If any term, obligation or condition of this License or the application thereof to any person or
circumstance shall be held invalid or unenforceable to any extent by a final judgment or award
which shall not be subject to change by appeal, then the remainder of this License or the
application of such term or condition to persons or circumstances other than those as to which it
is held invalid or unenforceable shall not be affected thereby and each term, covenant and
condition of this License shall be valid and be enforced to the fullest extent permitted by law.
Furthermore, each agreement, obligation and other provision of this License is and shall be
deemed and construed as a separate and independent obligation of the party bound by,
undertaking or making the same, and not dependent or any other provision of this License unless
expressly so provided.
19.THIRD PARTY BENEFICIARY
Nothing contained in this License shall be construed as to confer upon any other party the rights
of a third-party beneficiary.
20.GOVERNING LAW
This License and the rights and obligations of the parties hereunder shall be construed in
accordance with the laws of the State of California with venue in the County of Ventura.
21.EXHIBITS AND ADDENDA
Any exhibit or addendum to this License shall be deemed a part hereof.
22.HEADINGS
Section headings are inserted for convenience only and shall not affect the construction or
interpretation of this License.
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23.TERMINOLOGY
As used in this License, the terms "VCTC," "Licensee," "Licensor," and "Party" shall include the
respective subsidiaries and affiliates of VCTC and City of Moorpark and the directors, officers,
agents and employees of VCTC and City of Moorpark such subsidiaries and affiliates.
IN WITNESS THEREOF, the said parties hereto have caused this License to be duly executed
and delivered as of the day and year first above written.
VCTC: LICENSEE:
_________________________________ ____________________________
By: Martin Erickson By: Troy Brown
Its: Executive Director Its: City Manager
Approved as to form:
_________________________________
By: Steven T. Mattas
Its: General Counsel
Exhibit A:
License Area
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Moorpark Station North Parking Lot Site Plan
East Hig h St reet
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Artwo r k Locations
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TRAIN STATION
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1,-.:.'':.'!."~-METROLINK S TATION NORTH • •.::,.~,=~ PARKING LOT EXPANSlON
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VENTURA COUNTY TRANSPORTATION COMMISSION
CITY OF MOORPARK
RIGHT OF ENTRY AGREEMENT
Project: City of Moorpark – Public Art Installation Project
Agreement Number: ROE-CC-MOO-2023
Location: Moorpark, Ventura County, California
Entity: City of Moorpark
Owner: Ventura County Transportation Commission
This right of entry agreement, dated as of this __________ day of ________________ 2023
("Effective Date"), the "Agreement" or “right of entry” is between Ventura County Transportation
Commission, herein referred to as “VCTC”, and City of Moorpark as "City" collectively referred to
herein as "Parties".
This ROE Agreement is granted to City to install public art on property owned by VCTC at the
Moorpark Station located at 300 High St, Moorpark CA 93021 as generally shown on attached
Exhibit A (“VCTC’s Property” or “Property”). The proposed public art project will involve the
installation a series of eight (8) ten-foot-tall metal sculptures lining the central walkway that spans
the parking lot, connecting the train station to High Street.
VCTC, as the owner of said Property, has agreed to make the Property available for temporary
use. City shall have the right to install public art on the Property subject to the terms and conditions
outlined in this Agreement.
1.USE AREA/TERM
Use of the Property and permission to enter the Property, as shown on Exhibit A attached,
shall commence on _______________, 2023 and expire on ________________, 2023,
between the hours of 7:00 a.m. and 5:00 p.m. (“Term”) for the purpose of performing public
art installation work at the Moorpark Station located at 300 High St., Moorpark CA 93021.
The City shall have the right to enter VCTC’s Property for a total of __________ (____)
days to work on VCTC’s Property.
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2.OBLIGATIONS
City agrees to:
(a)Perform the portion of work on VCTC’s Property in accordance with plans and
specifications approved by the City of Moorpark and VCTC in such manner and at such
times as shall not endanger or interfere with VCTC operations and in accordance with the
regulations of VCTC and instructions of the City of Moorpark.
(b)Maintain, at City’s expense, qualified personnel to protect and control movement of
vehicles and equipment of City while upon VCTC’s Property.
(c)Notify VCTC at least three (3) working days before commencing work on VCTC’s Property
and within five (5) working days after such work is completed.
(d)Keep all equipment, tools, and materials stored at least twenty (20) feet from the center
line of any operable track. Explosives or other highly inflammable substances will not be
stored on VCTC’s Property without the prior approval of VCTC’s representative.
(e)Remove all of City’s tools, equipment, and materials from VCTC’s Property promptly upon
completion of work. If City fails to remove property associated with the work upon
expiration of the work period, VCTC shall have the right to dispose of, sell, store, or cause
to be stored any property not removed, and City shall reimburse VCTC for any costs
incurred by VCTC in disposing, selling, storing, or causing to be stored, such property.
(f)Any location where the soil is disturbed or removed will be re-filled and will be replaced
and patched. City agrees to generally restore any disturbed area of VCTC’s Property to
the same state and condition as when City entered thereon.
(g)Remove any lien against VCTC’s property arising from performance of work hereunder by
City or any contractor performing work on behalf of the City.
3.AGREEMENT
(a)City Activities. VCTC hereby grants to City, insofar as it has the legal right and its present
title hereby permits and subject to the limitations contained in this Agreement, a right of
entry to use VCTC’s Property for public art installation work as approved by VCTC.
(b)VCTC Approval. Notwithstanding anything contained herein, City will obtain the VCTC’s
review and written approval of plans for installing public art prior to the start of the work.
(c)No Warranty. City agrees that it is accepting the right of entry without any warranty or
representation by VCTC whatsoever and subject to any and all valid and existing licenses,
leases, grants, exceptions, encumbrances, title defects, matters of record, reservations
and conditions.
(d)Private Rights/No Transfer. The right of entry shall be used solely for the purposes stated
in this Agreement and City shall not permit VCTC’s Property to be used for any other
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purpose. No lease, assignment of any type or transfer or conveyance of a real property
interest is intended by this right of entry.
(e)No Modification in Location. City shall not relocate any utilities located on VCTC’s Property
in connection with the work except upon the prior written approval of VCTC's Executive
Director.
4.PAYMENT AND FEES
(a)Contemporaneously with execution of this Agreement, City shall pay VCTC a one- time
fee of one dollar ($1.00). Payment is due seven (7) days prior to the first entry on to the
Property. In the event that City fails to pay any monies due to VCTC, then City shall forfeit
all rights to enter the Property until the fee is fully paid to VCTC. City shall have no right
of refund for any cause whatsoever with respect to fee paid to VCTC.
(b)The fee required to be paid by City to VCTC pursuant to this Section 4 is due whether or
not notice of such obligation is provided by VCTC to City. Failure to provide notice to City
of any amount due shall not result in a waiver of such amount due to VCTC.
5.PROPERTY DAMAGE
City shall be responsible for any and all damages to the Property arising from the work, including
loss, damage, or theft of appurtenances or equipment located on the Property. Responsibility
under this section includes damages caused directly or indirectly by the acts or omissions of City,
its officers, agents, employees, contractors, and guests.
6.VCTC’s PARAMOUNT USE
VCTC and its agent representative shall have the paramount right at all times to use its track(s),
right-of-way and Property. In the event that City’s activities on Property interfere or conflict with
VCTC's use and/or enjoyment of its Property, VCTC may require City to remove or alter its
activities to remedy such interference or conflict or VCTC may make adjustments or relocations
necessary to remedy such interference or conflict. City shall exercise the greatest care in the use
of VCTC’s Property and shall require all others working for City to also exercise the greatest care
in the use of VCTC’s Property.
7.TAXES
City shall assume and pay any and all taxes and assessments which may be levied upon the
Property pursuant to this ROE, and City shall indemnify, defend and hold VCTC harmless
therefrom.
8.INDEMNIFICATION / LIABILITY
To the fullest extent permitted by law, City, shall indemnify, defend with counsel acceptable to
VCTC, and hold harmless VCTC, its officers, officials, employees and agents (collectively, with
VCTC, the "VCTC Parties") from and against all liability, loss, cost, claim, demand, action, suit,
legal or administrative proceeding, penalty, deficiency, fine, damage and expense, including
without limitation, reasonable attorney's fees and costs of litigation, (collectively "Liabilities) to the
extent resulting from or arising in connection with the work or entry on to VCTC’s Property
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contemplated by this Agreement, including, but not limited to, injury to or death of a person or for
loss of or damage to any property, including any action or omission of, or actions permitted by the
City and its agents or employees; except to the extent that such Liabilities are caused by the gross
negligence, willful misconduct, or criminal act of VCTC or any VCTC Parties. City obligations
under this Section shall survive termination of this Agreement.
9.CONTAMINATION INDEMNIFICATION
To the fullest extent permitted by law, City, each for itself and on behalf of its successors and
assigns, shall and hereby agrees to defend, hold harmless, and indemnify VCTC Parties from
and against any and all Losses arising out of City’s work pursuant to this Agreement that results
in the discovery, presence, release, use, exacerbation, discharge, storage, generation,
manufacture or disposal of any Contamination, including all Losses arising out of, or related to,
any violation on, upon or within the area covered by this right of entry of any applicable
Environmental Law. For the purposes of this Section 10: "Contamination" means the presence of
any chemical, compound, material, substance, or other matter that (i) is a flammable, corrosive,
explosive, hazardous, toxic or regulated material, substance, or waste, or other injurious or
potentially injurious material, whether injurious itself or in combination with other materials, (ii) is
controlled, designated in or governed by any Environmental Law, or (iii) gives rise to any reporting,
notice, or publication requirements or remediation obligation under any applicable Environmental
Law; "Environmental Law" means any applicable federal, state, local or tribal statute, law, rule,
regulation, ordinance , or any governmental, administrative, or judicial order, decree, directive, or
decision, or any other requirement of any governmental authority , pertaining to the protection of
the environmental or health and safety that may now be in effect or which may be enacted,
adopted, or made effective at a future date; "Losses" means any claims, obligation, payment,
fines, demands, causes of action, suits, judgments, damages, settlement, compensation, loss
contingency, lien, debts, costs, expenses, losses, reasonable attorneys' fees, other legal costs,
penalties, stipulated penalties, punitive damages, and liability of any kind, alleged by any person
or entity or any governmental authority, including bodily injury and property damage and
consequential damages awarded to a third party against VCTC Parties. City obligations under
this Section shall survive termination of this Agreement.
10.MINIMUM SCOPE AND LIMIT OF INSURANCE
City, before beginning any activities under this Agreement shall procure the types and amounts
of insurance listed below and shall maintain the types and amounts of insurance listed below for
as long as the Agreement granted herein remains in existence.
10.1 Workers' Compensation
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by City with limits of not less than
one million dollars ($1,000,000.00) per accident.
10.2 Commercial General and Automobile Liability Insurance; City Pollution Liability
10.2.1 Commercial General Insurance
Commercial general liability insurance, including products liability, covering any loss
or liability, including the cost of defense of any action, for bodily injury, death, personal
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injury and broad form property damage which may arise out of the operations or
activities of City. The policy shall provide a minimum limit of $3,000,000 per
occurrence/$4,000,000 aggregate. Commercial general coverage shall be at least as
broad as ISO Commercial General Liability form CG 0001 (current edition) on "an
occurrence" basis covering comprehensive General Liability, with a self-insured
retention or deductible of no more than $100,000. No endorsement shall be attached
limiting the coverage.
10.2.2 Automobile Liability
Automobile liability insurance form CA 0001 (current edition) covering any loss or
liability, including the cost of defense of any action, arising from the operation,
maintenance or use of any vehicle pursuant to this Agreement, whether or not owned
by the City, on or off VCTC’s Property. The policy shall provide a minimum limit of
$2,000,000 per each accident (or combined single limit), with a self-insured retention
or deductible of no more than $100,000. This insurance shall provide contractual
liability covering all motor vehicles and mobile equipment to the extent coverage may
be excluded from general liability insurance.
10.2.3 General Liability/Umbrella Insurance
The coverage amounts set forth above may be met by a combination of underlying
and umbrella policies as long as in combination the limits equal or exceed those stated.
10.2.4 City Pollution Liability
City Pollution Liability applicable to the work being performed, with a limit no less than
$2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of
one year.
10.3 All Policies Requirements.
10.3.1 Verification of Coverage
All certificates and endorsements are to be received and approved by the VCTC before
the work commences. City shall provide VCTC with (1) a Certificate of Insurance that
demonstrates compliance with all applicable insurance provisions contained herein
and (2) policy endorsements to the policies referenced in Section 10.2 adding the
VCTC, its officers, agents, and employees as additional insureds and declaring such
insurance primary in regard to work performed pursuant to this Agreement. Failure to
obtain the required documents prior to entry on to the Property shall not waive City
obligation to provide them. VCTC reserves the right to require complete, certified
copies of all required insurance policies, including endorsements required by these
specifications, at any time.
10.3.2 Notice of Reduction in or Cancellation of Coverage
Each insurance policy required above shall provide that coverage shall not be
canceled, except with notice to the VCTC.
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10.3.3 Higher Limits
If City maintains higher limits than the minimums specified herein, then VCTC shall be
entitled to coverage for the higher limits maintained by City.
10.4 Waiver of Subrogation
City agrees to waive subrogation which any insurer of City’s may acquire from City by
virtue of the payment of any loss. City agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of
whether or not the VCTC has received a waiver of subrogation endorsement from the
insurer. The Workers' Compensation policy shall be endorsed with a waiver of
subrogation in favor of VCTC for all work performed by City and its employees, agents
and City.
10.5 Additional Insurance Obligation
City shall be solely responsible for ensuring that all equipment, vehicles and other
items utilized or operated in the performance of their activities pursuant to this
Agreement are and remain covered by the policies referenced in Section 11. City shall
also ensure that all workers involved in the performance of the activities under this
Agreement are properly classified as employees, agents or independent City and are
and remain covered by any and all workers' compensation insurance required by
applicable law. VCTC, its officers, officials, employees, and volunteers are to be
covered as additional insureds on all policies required by this Agreement except the
Workers’ Compensation policy. The Workers’ Compensation insurer shall agree to
waive all rights of subrogation against VCTC, its officers, officials, employees, agents,
and volunteers for losses arising from work at VCTC’s Property. General liability
coverage can be provided in the form of an endorsement to City’s insurance at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both
CG 20 10 and CG 20 37 if a later edition is used).
10.6 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
VCTC. VCTC may require City to purchase coverage with a lower deductible or
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. If any insurance policy
includes a self-insured retention, nothing shall prevent any of the Parties to this
Agreement from satisfying or paying the self-insured retention. If any insurance policy
states that the self-insured retention must be paid by a named insured as a
precondition of the insurer’s liability (or which has the effect of providing that payments
of the self-insured retention by others, including additional insureds or insurers, do not
serve to satisfy the self-insured retention), such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this
Agreement.
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10.7 Acceptability of Insurance
Subject to prior approval by VCTC, City may meet the requirements through (i) self-
insurance, (ii) coverage through a joint powers insurance authority (JPIA) which is duly
formed under the laws of the State of California, or (iii) utilize a combination of self-
insurance and JPIA coverage, or (iv) commercial insurance policies.
11.EFFECTIVE DATE AND TERMINATION
(a)This Agreement shall become and be effective as of the Effective Date set forth above.
Should City cancel the work, or any portion thereof, City agrees to reimburse VCTC
for any expenses incurred by VCTC on behalf of the City in preparation for or execution
of the canceled work.
(b)This Agreement may at any time be terminated if and when the Property is required
for public emergency use. VCTC or designee may also cancel this Agreement without
liability to City with or without cause by providing written notice to City of the
termination of this Agreement.
(c)Any obligation assumed and any liability which arose or may have arisen or been
incurred by either party hereto prior to termination of this Agreement shall survive the
termination of this Agreement.
12.PERMITS AND APPROVALS
City, at its sole risk, cost and expense, shall obtain all permits and approvals which may be
necessary or appropriate for the activities contemplated under this Agreement and shall comply
with all federal, state and local laws, and assume all cost and expense and responsibility in
connection therewith, without any liability whatsoever on the part of VCTC. City agrees to forward
copies of any permits or approvals to VCTC. City agrees to indemnify, defend and hold harmless
VCTC therefrom.
13.NO JOINT VENTURE OR RELATIONSHIP
VCTC’s grant of permission to City to utilize the Property does not constitute entering into any
joint venture relationship. VCTC’s grant of permission to utilize the Property is solely for the benefit
of City. City personnel performing work and/or participating under this Agreement shall at all times
be under City’s exclusive direction and control and shall be employees or agents of City and not
employees or agents of VCTC.
However, at the request of VCTC, City shall remove from VCTC’s Property any employee of City
or any contractor working on behalf of the City, employee of contractor on behalf of the City who
fails to comply with the requirements of this Agreement or in VCTC’s sole discretion has created
or is creating a dangerous or nuisance condition on the Property. City shall indemnify VCTC
against any claim arising from the removal of any such person from the Property.
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14.WAIVER
The waiver by VCTC of any breach of any term, covenant, obligation or condition herein contained
shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any
other term, covenant, obligation or condition herein contained.
15.NOTICES
(a)Every notice, approval, consent, or other communication desired or required under
this Agreement shall be effective only upon receipt and only if the same shall be in
writing and sent postage prepaid by overnight mail or United States registered or
certified mail (or a similar mail service available at the time), directed to the other party
at its address as follows (or such other address as either party may designate by notice
given from time to time in accordance with this Section):
If to VCTC:
Ventura County Transportation Commission
Attn: Martin Erickson, Executive Director
751 E. Daily Drive, Suite 420
Camarillo, CA 93010
If to City:
City of Moorpark
Attn: Troy Brown, City Manager
799 Moorpark Ave.
Moorpark, CA 93021
(b)Notwithstanding anything to the contrary set forth above, in the event VCTC is unable
to locate City, such notices may be posted at or near the Property.
16.ENTIRE AGREEMENT
The entire agreement between VCTC and City pertaining to the Property is set forth in this right
of entry and there are no understandings, agreements, or representations of any kind between
the parties, verbal or otherwise other than as set forth in this right of entry. No change or
modification of any of the terms, obligations or provisions hereof shall be valid unless in writing
and signed by the parties hereto.
17.PARTIAL INVALIDITY
If any term, obligation or condition of this Agreement or the application thereof to any person or
circumstance shall be held invalid or unenforceable to any extent by a final judgment or award
which shall not be subject to change by appeal, then the remainder of this Agreement or the
application of such term or condition to persons or circumstances other than those as to which it
is held invalid or unenforceable shall not be affected thereby and each term, covenant and
condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
Furthermore, each agreement, obligation and other provision of this Agreement is and shall be
DR
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deemed and construed as a separate and independent obligation of the party bound by,
undertaking or making the same, and not dependent or any other provision of this Agreement
unless expressly so provided.
18.THIRD PARTY BENEFICIARY
Nothing contained in this Agreement shall be construed as to confer upon any other party the
rights of a third-party beneficiary.
19.GOVERNING LAW
This Agreement and the rights and obligations of the parties hereunder shall be construed in
accordance with the laws of the State of California with venue in the County of Ventura.
20.EXHIBITS AND ADDENDA
Any exhibit or addendum to this Agreement shall be deemed a part hereof.
21.HEADINGS
Section headings are inserted for convenience only and shall not affect the construction or
interpretation of this Agreement.
22.TERMINOLOGY
As used in this Agreement, the terms "VCTC," "City," and "Parties" shall include the respective
subsidiaries and affiliates of VCTC, and City of Moorpark and the directors, officers, agents and
employees of VCTC, and City of Moorpark such subsidiaries and affiliates.
Signatures on the following page
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IN WITNESS THEREOF, the said parties hereto have caused this Agreement to be duly
executed and delivered as of the day and year first above written.
VCTC: CITY:
_________________________________ ____________________________
By: Martin Erickson By: Troy Brown
Its: Executive Director Its: City Manager
Approved as to form:
_________________________________
By: Steven T. Mattas
Its: General Counsel
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East High Street
East High Street
Moorpark Station North Parking Lot Site Plan
Artwork Locations
(not to scale)
TRAIN STATION DR
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□
VERIFY SCALES
BAA IS 01£ INOI ON <lfOGINAL IIRA..,,C
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.oD.lJST SCAl[S ACCORDtlCl y
-------
METROLINK STATION NORTH
PARKING LOT EXPANSION
40
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PUBLIC WORKS DEPARTMENT
CITY OF MOORPARK
ENGINEERING DIVISION
37
PHOENIX CIVIL ENGINEERING, INC.JMT
ADS
JMT
METROLINK STATION NORTH
PARKING LOT EXPANSION
20-ML-11089ISSUED FOR CONSTRUCTION 12/10/21
7
EAST HIGH STREET
C-07
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GRADING PLAN A
-SCALE: 1" = 10'
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CONSTRUCT 6-INCH CONCRETE CURB PER SPPWC STD DWG. 120-2, A1-6(150).
CONSTRUCT 10' WIDE PEDESTRIAN WALKWAY. SEE LANDSCAPE SHEET L-1.1 AND
1' SAWCUT LINE. JOIN EXISTING PAVEMENT.
MATERIAL AND PAVER LAYOUT PER LANDSCAPING PLAN
INSTALL 4 12-INCHES A.C. OVER 6 12-INCHES CMB. SEE
EX PULL BOX. PROTECT IN PLACE.
INSTALL AREA LIGHT PER ELECTRICAL PLAN EL2.
2' WIDE CAR OVERHANG LIMITS.
EX 24-INCH STORM DRAIN PIPE PER C.O.M. DWG 92-ML-10463.
EX 18-INCH STORM DRAIN PIPE PER C.O.M. DWG 92-ML-10463.
4-INCH THICK CONCRETE OVER 3-INCH COMPACTED SAND. SEE
INSTALL CONCRETE PAVERS PER LANDSCAPE PLANS.
INSTALLATION OF TICKET KIOSK BY OTHERS. REFER TO ELECTRICAL PLANS FOR POWER.
INSTALL ACCESSIBLE PARKING SIGN. SEE
PROPOSED LANDSCAPE AREA. REFER TO LANDSCAPE PLANS FOR DETAILS.
CONSTRUCT CONCRETE STAIRS. SEE HANDRAILS PER LANDSCAPE PLANS.
PAINTED "CLEAN AIR/VANPOOL/EV" PER CALGREEN STD 5.106.5.2.1 IN GREEN PAINT.
PARKING LOT STRIPING PER THE SPECIFICATIONS.
PAINT A 6-INCH WIDE BLUE BORDER OUTLINE. WITHIN THE BLUE BORDER, PAINT HATCHED LINES THAT ARE SPACED
APART 18-INCH MIN. OR 36-INCH MAX. ON-CENTER TO DELINEATE THE PATH OF TRAVEL.
ACCESSIBLE PARKING STRIPING AND SYMBOL PAINT PER CALDAG MANUAL 2017 FIGURES CD-21B AND CD-21D.
EX STREET LIGHT. PROTECT IN PLACE.
TWO 4-INCH CONDUITS FOR FUTURE COMMUNICATIONS LINE. INSTALL A PULL ROPE IN THE EMPTY CONDUITS.
SEE
12-INCH WIDE CURB CUT. SEE
6-FOOT LONG BY 8-INCH WIDE BY 6-INCH TALL CONCRETE TIRE STOP.
6-INCH THICK PERVIOUS PCC PAVEMENT. SEE
CONSTRUCT OPEN CONCRETE CHANNEL. SEE
INSTALL VAN ACCESSIBLE PARKING SIGNAGE. SEE
CAST IN PLACE TRUNCATED DOME PLACEMENT PER SPPWC STD PLAN 111-5.
INSTALL TOW AWAY SIGNAGE. SEE
INSTALL ELECTRICAL CONDUITS PER ELECTRICAL PLANS.
CONCRETE UNDERGROUND PULL BOX PER ELECTRICAL PLANS.
METER PEDESTAL PER ELECTRICAL PLANS.
COLORED CONCRETE TRUNCATED PAVERS PER LANDSCAPE PLANS.
SEAT WALL PER LANDSCAPE PLANS.
REMOVE EX AC PAVEMENT. REPLACE IN KIND.
SIDEWALK IMPROVEMENTS AND PAVEMENT/LANDSCAPING/BUS STOP LAYOUTS AND DETAILS PER LANDSCAPE PLANS.
3-FOOT WIDE X 5.5-FOOT DEEP PERCOLATION TRENCH. SEE
3-FOOT WIDE BY 3-FOOT DEEP PERCOLATION TRENCH BURIED UNDER IMPROVEMENTS TO CONNECT BASINS. INSTALL
FILTER FABRIC ON ALL FOUR SURFACES OF TRENCH (TOP, BOTTOM AND SIDES). TRENCH TOP TO BE 3-FEET BELOW
FINISHED SURFACE ELEVATION.
INSTALL 12-INCH WIDE PARKWAY DRAIN PER SPPWC STD PLAN 151-2 MODIFIED SEE
1
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3
4
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5
5
5
EX METROLINK PLATFORM
7
7
523.86 TC
523.36 FS
523.86 TC
523.86 FS
524.42 TC
524.42 FS
14
18
23
23
23
22
22
22 13
(TYP)
13
(TYP)
C-09
7
C-09
8
(TYP)
(TYP)
(TYP)
C-11
5
12
12
33 33
525.0
8
FS
4.8%
10
.
7
9
'
38
38
8 8
16 44
29
1
523.81
FS
C-10
3
20
.
0
0
'
4.
5
%
40
.
0
0
'
RAIL ROAD RIGHT-OF-WAY LEGEND
40-FOOT WIDE EASEMENT TO VENTURA COUNTY TRANSPORTATION
COMMISSION (VCTC) AND SCRRA (METROLINK) PER 91-143117, O.R.
54-FOOT WIDE EASEMENT TO UNION PACIFIC RAIL ROAD (UPRR)
1
2
1
54
.
0
0
'
2
1
C-09
1
C-09
523.23 TC
522.73 FS
0%
523.29 FS
522.71 FL
1.
8
%
1.0%
ACCESSIBLE PATH (TYP)
ACCESSIBLE
PATH (TYP)
GRADING SHEET
RW
RW
RW
45 45 45
50
50
50
50
C-10
6
C-11
4
3
44 C-11
1
524
.
5
0
F
S
524
.
5
8
FS
46
46 C-11
2
0%
(52
3
)
(523)
(522)
(523)
(523
)
(524
)
(524
)
(525
)
(526)
(527)
(
5
2
6
)
(5
2
5
)
(5
2
6
.
4
0
)
(F
S
)
1.0%
0.9%
1.
5
%
47
48
48
48
47
47
47 47
47
47
524
5
2
3
523
49
49
47
50
50
10
%
10
%
51
51 51
1.
0
0
'
52
52
0
%
0
%
0.7%
8.33%
8.33%
1
.
9
%
48
1.3%
1.0%
L-1.1
A
33
EAST HIGH STREET FRONTAGE IMPROVMENTS
54
54
55
55 C-11
6
55
PROPOSED BUS STOP. REFER
TO LANDSCAPE PLANS
45
56
48
56
32
32 C-09
6
1.
7
%
0%
57
40522.73
FL
40 C-10
5
57
19
21
16
19
CLARIFICATION NO. 2 02/16/22
CHANGE ORDER NO. 1 03/01/22
48
RFI 022 03/08/22
9.00'
52
4
.
5
0
T
C
52
4
.
0
0
F
S
5
2
4
.
6
2
T
C
5
2
4
.
1
2
F
S
0
.
5
%
CLARIFICATION NO. 5 03/18/22
03/16/22FIELD ORDER NO. 5
REMOVABLE BOLLARD
PER LANDSCAPE PLAN
L-1.6 DETAIL B
C-11
8
FIELD ORDER NO. 7 03/21/22
FIELD ORDER NO. 9 04/13/22
FIELD ORDER NO. 10 04/19/22
C-11
9
524.65 TC
523.48 FG NORTH
523.15 BOTTOM CURB
3.
4
%
524.62 TC
523.48 FG NORTH
523.12 BOTTOM CURB
BEGIN 1.5'
DEEP CURB
FIELD ORDER NO. 13 04/29/22
3.2%
52
5
.
0
1
FS
FIELD ORDER NO. 15 05/18/22
5
2
4
.
9
7
T
C
5
2
4
.
4
7
F
S
1%RA
F
T
RARARARA
DR
A RARARA
DR
A
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DRRRRRRRRRDDDDDDDDRRRRRRRRRDDDDDDDDDRDRDRDRDRDRRARARARARARARARARARAAAAAARARARAAAAARARAARDRDRDRDRRARRRRAARA
DRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRRDDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDRDRDRDRDRDRDRDRDRDRDRDDDDDDDDDDDDDDDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRRRRRRRRRRRRRRRARARRARARRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRAAAARARRRRRAAAAARRRDRDRDRDRDRDRDRRRRRRRRRARRARRARDRDRDRDRRAARARA
DDDRDRRARARARA
524
523523
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524.47 TC7 TC
FS
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MA
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0
MA
T
C
H
L
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-
S
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NSTALL NSTALL
EX PULL BOXEX PUL
INSTALL AREA LIGINS
2' WIDE CAR OVERHANG
EX 24-INCH STORM DRAIN PIEX 24
EX 18-INCH STORM DRAIN PIPE PEX 18-INC
4-INCH THICK CONCRETE OVER 3-INCHNCH THICK
INSTALL CONCRETE PAVERS PER LANDSL CONCRET
INSTALLATION OF TICKET KIOSK BY ON OF TICKE
INSTALL ACCESSIBLE PARKINGIBLE PARKI
PROPOSED LANDSCAPE ARPE AR
CONSTRUCT CONCRE
PAINTED "CLEAN
PARKING LO
PAINT A
APAR
AC
T
77
T
88
T
99
T
10
FT
12
FT
13
FT
14
FT
16
FT
17
FT
18
FT22F23F28
RRRRRRDDDDDR
52
4
.
4
8
F
S
8F
S
DR
52
4
.
5
6
F
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52
4
.
5
6
F
DR
52
4
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6
6
F
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DR
A
524
.
7
3
F
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524
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7
3
F
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RA
524
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7
6
F
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524
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7
6
F
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524
.
7
9
524
.
7
9
FSFSR
17
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.
9
.
9
DD
9
DRDR
1
.
9
.
9
3.
3
%
3.
3
%
RRR
3.
3
%
3.
3
%
RARARA
2.4
%
2.4
%242
%
2222.42
%244%244%4%4%4
RARARARA
0.9
AAARA
52
4
.
4
7
T
C
47
T
C
52
3
.
9
7
F
S
FS
52
4
.
5
4
T
C
52
4
.
0
4
F
S AA
%7%%
AAARRRRAA
24.16 TC6 TC
523.66 FS523.
AAAAARRRRRRRRRARARARARARARA
DDDR
2323
DRDRDRDRDR
(TYP)RARARARARARARA
RWRRRRRDRDRDRDRDRDRDRDR
FT
19
FTFTFTFTFTFTFTFT
RRRRRRRRRRDRRDRDDDDDDDDDDDRRRRRRDDDDRDRDRDRDRDDDDDDDRRDRDRRRRDRDRDRDRDRDRDRDRDRRRRRRRRRRRRRRRRRRRDRDDRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRDRDRDRDRDRDRRRRRRDRDRRRDRRDRDRDRRRDRDRDRDRDRDRDRDRRRRRRRDDDDDDDDDDDRRRRRRRRRDRDRDRDRDDDDDDDDDDDRRRDDDDDDDRDR
%
DRDRDR
1.0%%%
DRDRDRRRRRRDRDRDRDRDDDDDDDRRRRRRRRDRDRDRDRDRDDC-C-
88DRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRDRDRDDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDRDDDDDDDDDDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDDDDDDDDDDRDRDRDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDRDRDRDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDRDDRDDRDRDRDRDRDDDDDDDDDDRDRDRDRDRDRDRDDRDRDRDRDRDRDRDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDRDRDRDRDRDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDRDRDDDRDRDDDDDRDDDDDDDDDDDDDDDDDDDDDRDRDDDDDRDRDDDDDDDDDDDRDRDDDRDRDRDDRDR
%
DRDRDRDD
%
DDD
1.0%
DDDATFORMATFORMDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDR
2
DDDD11DDDDDDDDDDDDDDRDRDRDRDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
4545
DDDDDDDDRDRDRDRDDDDDDDR
4747
DRDRDRDRDRDRDRDRDRDRDRDRDR
3333
DDDRDRDDDDDDDAAD
5 .
9
%
.
9
%
9
77 33331
5
2
4
5
2
5
2 RRRRRRRRRRRRRRRRRRRRRRRRRRDRDRDRRRDRDRRRRRRRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRRRDRDR
9
%
9
%
9
%
9
%RRR.
0
0
'
0
0RR(
T
Y
P
T
Y
PRRRRR(52(52
DRDRDRDRDRDRDRDRDRDDDRDRDDDDDDDDDDDDRDRDRDR
9
%
9
%
9
%
9
%
DD
.
9
%
9
%
9
%
9
%
DR
2222
DRDRDRDDDDDDDDDDDDDDDDDDDRDDRDRDDRDRDRDRDDDDRDDRDRDDDRDRDRDRDRDRDRDDDDRDRDRDRDD40
.
40DRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDRDDDDD40
0
0
'
00DDD40
.
0
0
0
0.DDDDD11DDDDDDDDDDD 40-FOOT WIDE EASEMENT TO VENTURA COUNTY TRANSPORTATION1
COMMISSION (VCTC) AND SCRRA (METROLINK) PER 91-143117, O.R.
THE LOT LINE IS 1.93' EAST OF THE
WALKWAY EDGE. THE RED LINE
SHOWS IT CORRECTLY. SEE
PARCEL MAP RECORDED AS 72 PM
27 FOR FURTHER INFORMATION.
424
Exhibit B
“Moorpark Orchard ” Final Designs
Height: approx. 10’
Sculpture A Sculpture D Sculpture C Sculpture B
Sculpture F Sculpture E Sculpture G Sculpture H
DR
A
F
T
425
“Moorpark Orchard ” Scale Illustration
DR
A
F
T
426
DR
A
F
T
GENERAL NOTES
A. Construction shall conform to 2022 CALIFORNIA BUILDING CODE and loca l regulatory agencies' requ irements.
B. Contractor shall verify all pertinent d1mens1ons prior to beginning construction.
C. Conflicts, differences in information. and omissions 1n drawings sha ll be brought to the attention of the
Engineer for resoluti on.
D. Changes from the drawings sha ll be made only with the approval of the Engineer.
E. Refer to Architectural Plans for all dimensions and elevations not shown.
SOILS ii: FOU NDATIONS
A. All new foundat ions have been designed per CBC Chapter I 8, and per the geotechnical report prepared by
American Soil Testing ii: Engineering, dated September 23. 2022.
CONCRETE CONSTRUCTION
A. Concrete footings sha ll be co nstructed in single continuous pours, without construction J01nts, unless
otherwise approved by the Engineer.
B. Spli ces in rebar are not allowed 1n footings less than 20 feet long. Spli ces 1n rebar shall develop the full
strength of the bar. Lap splices shall be at least 48 diameters in length and shall be staggered at least 3 ft.
1n adj acent bars.
C. Bends and hook in rebar shall confo rm to CBC and ACI requirements regarding bend radius and extension.----...
)
D. Concrete 28-day compressive strength (f'c) shall be at lea~ ,
~ f.Jo Sf'ec.tAL. ,,.,sp~e,110/.J )
A -...__..,,/'~'-.____./' "--._./ • .• , ........ / -..__./ ..._../-A "--._./ A.___...,,....___.. ... ,'---...---. '-....:.....,/'-.........__.. •·•~ '•..._/' -...__/' "--._./..............,~ -~
REINFORCING STEEL
A. Bends and hook in rebar shall conform to CBC and ACI requirements regar ing l:5e nd radius and extension.
B. Splices 1n rebar s hall develop the full strength of the bar. Lap splices shall be at least 48 bar diameters 1n
le ngth and shall be staggered at least 3 feet in adjacent bars.
C. Suitable devices of some standard manufacture shal l be used to hold reinforcement in its true horizontal and
ve rtical pos1t1ons. These devices shall be sufficiently rigid and numerou s to prevent displacement of the
reinforcement during placing of the concrete. A ll such devices shall have the prior approval of the Engineer.
D. Unless otherwise noted , maintain coverage to the face of the bars as follows:
D. I. 3 inches whe1·e concrete 1s deposited against earth , except slab-on-grade
D.2. 2 inches where concrete 15 exposed to earth. but formed.
D.3. 1/2, inches for beams , co lumns , and exterio r surfaces.
D.4. ¾" for interior s labs and wa ll s.
TESTING AND INSPECTION ~
A. Provide Special Inspections, as required by the ~BC and local regu latory agencies requ1,·ements.
for the follo wing items:
No Spec ia l I ns p ecti o ns a r e re quire d .
No Struc tura l Ob se r vati o n 1s r e qu ir e d .
(Per Exception I of Section I 704.2, "Special inspections and tests are not requ ired for construction of a
minor nature or as warranted by conditions in the jurisd1ct1on as approved by the building off1c1al.")
SCOPE OF WORK:
EIGHT SIMILAR METAL SCULPTURES WILL BE INSTALLED AT AN EXTERIOR LOCATIONS AT 300 E. H IGH STREET,
MOORPARK, CA. THE MAXIMUMS WEIGHT OF EACH SCULPTURE 15 200 POUNDS . THE MAXIMUM HEIGHT OF
EACH SCULPTURE 15 IO FEET. SEE ARCHITECTURAL DWGS/SHOP DRAWINGS (BY OTHERS) FOR MORE
INFORMATION.
THESE DRAWINGS DEPICT THE CONCRETE DRILLE PIER FOOTING AND BASE PLATE ANCHORAGE FOR A TYPICAL
SCULPTURE.
STRUCTURAL
CHARLl=S ABBOTT ASSOCIAT ES
~ED FOR,f9,ji>E COMPLIANCE
~ ~ ~ -<;-'1.3
CM DATE
CITY OF MOORPARK
BUILDING AND SAFET\'
MAY 2 2 2023
I NI T
..J '7 I
I I z
µ;..;i c..:, ""' -ci 0 z 00
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JO B #2 2109
10/27/22
&01/12/23
&03/03/23
S1
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L_ _______________________ __J_~~~___l__ _ ____J vr
427
DR
A
F
T
NOTE: MAINTAIN I i," MINIMUM
D IMEN S IO N, CE NTERLIN E O F
ANC HOR TO EDGE OF BASE
PLATE (TYP . ALL ANCHORS/HOLES) __
2'-0" 0 DRILLED PIER,----
4'-0" EM BEDMENT INTO GRADE.
EXTENDS 8" ABOVE GRADE, PER 2/52.
(5) #4 PIER
LONGITUD IN AL BARS
I
I
UND ISTURBED
--(E) GRADE --
-#3 SPIRAL (TYPJ
(G) S IMPSON TITEN ~x8" A NCHORS (IN STALL
PER MFR. SPEC's / ESR 47 I 3).
+-+--5" MIN. EMBEDMENT INTO CONCRETE)
~" SCULPTURE BASE i" SCULPTURE BASE
PLATE (BY OTHERS)---t---
UNDISTURBED
--(EJ GRADE --
I G" 0 C IRCULAR
ANC HOR LAYOUT
2 '-0" 0 PIER
'--(GJ ,½" HOLES IN BASE PLA TE ,
EQUALLY SPACED
ON A I G" 0 LAYOUT
TYPICAL SCULPTURE FOOTING PLAN
fi\i---------------v SCALE: 1" = 1'-0 "
' > I
I
(
(
REVIS IO NS O I / I 2/23:
I
TO ACCO MMODATE OWNER'S REQUEST, THE
FOOTIN G HAS BEEN REVISED TO OCCUR DEEPER
INTO GRADE, w/ THE HEIGHT OF THE PED ESTA L INCREASED.
THIS WILL A LLOW ANY FUT U RE SLAB/PAVERS/ETC (BY OTHERS) I
TO BE IN STA LL ED ON TOP OF THE FOOTIN G, w/ ON LY
THE PEDESTAL PROTRUD IN G ABOVE S LA B/PAVER LEVEL .
'.....,-.._,-._•.__,.,,"._'__../'-_"-...-,,"'~__.._.,,.~--"..__".._, __ A__..,._,..__,.__,.._.,_•._~"-"--•-._..
&-~ ~.,-,,~,--~,...-....-✓-~,.---.._-_,--v-. .---. -...,,...-... ~.
( I l
REV IS IONS 03/03/23: 1 ,
1
)
)
BY OTHERS -1 = 1
i C\J I f----'--f--L .
/' m' '111'' 'iT'' 'm'' TTT'' 'm'' 'T'i''
(5) #4
LO I\J GITUDINAL BARS
c()
NEW DRILLED -----t1!""1
CO NCRETE PIER
1
--oAiE
STEEL SCU LPTURE
(BY OT HERS)
THREE SPIRAL TURNS
-IN TOP G INCHES
_______ _)
I
I
3" CLEAR (TYPJ
(:ITV OF MOORPAR~~
13U!LDING AN'C c:.~ FF 'i
MAY 2 2 20 ?3
I REVlfWt:J · 1. ~"
FOOTING WAS CHANGED FROM A PAD FOOTING )
TO A DRILLED CONCRETE PIER FOOTING I ,
/ 0
2'-0" 0 PIER , I cc DE ('()~,t-('1~
TYPICAL SCULPTURE FOOTING SE £~0~ -~N-~-__ _
SCALE: 1" = 1'-0"
..... ro
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