HomeMy WebLinkAboutAG RPTS 2010 0317 RDA REGJ ESTABLIM
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Resolution No. 2010 -225
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 17, 2010
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of March 3. 2010. Staff
Recommendation: Approve the minutes.
B. Consider Authorization of Recordation of Notice of Completion for
Construction of a Single Family Dwelling Located at 81 First Street and
Release of Bonds in Accordance with the Contract. Staff Recommendation:
Authorize the Agency Secretary to file the Notice of Completion, and release
the project bonds as outlined in the agenda report. (Staff: David Moe)
All writings and documents provided to the majority of the Agency regarding all open - session agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda
packet for all regular Redevelopment Agency meetings Is also available on the City's website at www.ci.mooroark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public
Hearing or a Presentation/Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action/Discussion item must do so during the Public Hearing or Presentations/Action/ Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation/Action/Discussion Item, prior to the Chair's call for speaker cards for each
Presentation/Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentetion/Action/Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public
Hearing Rem speaker. Written Statement Cards may be submitted In lieu of speaking orally for open Public Hearings and
Presentation/ActiONDiscussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at
517 -6223.
Redevelopment Agency Agenda
March 17, 2010
Page 2
5. CONSENT CALENDAR: (continued)
C. Consider an Agreement with Michael Boblett dba Mike's Handyman Service
for Maintenance and Repairs of Agency Owned Properties. Staff
Recommendation: 1) Approve Agreement with Michael Boblett dba Mike's
Handyman Service for maintenance and repairs of Agency owned properties,
subject to final language approval by Executive Director and Agency
Counsel; and 2) Authorize Executive Director to execute the Agreement on
behalf of the Agency. (Staff: David Moe)
D. Consider Committing $600,000 Loan to the Area Housing Authority of the
County of Ventura to Assist with Construction Financing for the Charles
Street Rental Project and Accepting Grant Deed from City of Moorpark for
396, 406, and 436 Charles Street for Recordation. Staff Recommendation:
1) Authorize the Executive Director to send a loan commitment letter to the
Area Housing Authority (AHA) of the County of Ventura in the amount of
$600,000.00 for the Charles Street Rental Project and to sign a separate
loan agreement with the City and with AHA; and 2) Authorize the Agency
Secretary to accept and consent to the recordation of any deeds. (Staff:
David Moe)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate In this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805)
517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability- related modification or accommodation should be made at least 48 hours
prior to the scheduled meeting to assist the City staff In assuring reasonable arrangements can be made to
provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title IQ.
Redevelopment Agency Agenda
March 17, 2010
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Redevelopment Agency of the City of Moorpark to be held Wednesday,
March 17, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on March 12, 2010, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 12, 2010.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 5.A.
ACTION: — 4 w =d
� T oTCa nc Tur RE EVELOPMENT AGENCY OF THE CITY OF MOORPARK
BY:
March 3, 2010
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
March 3, 2010, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Parvin called the meeting to order at 7:39 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and
Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Pollock seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular Meeting of February 17, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Third Amendment to Professional Services Agreement with
Fiedler and Associates for Architectural Design of J.E. Clark's
Replacement Fueling Station. Staff Recommendation: Approve the
Amendment to the Agreement, subject to final language approval by the
Executive Director and General Counsel.
C. Consider Agreement with Overland, Pacific, and Cutler Inc. for On -Call
Relocation Services. Staff Recommendation: 1) Approve the Agreement,
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 March 3, 2010
subject to final language approval
Counsel; and 2) Authorize the
Agreement on behalf of the Agency
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
by the Executive Director and Agency
Executive Director to execute the
Chair Parvin adjourned the meeting at 7:40 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
2
MOORPARK REDEVELOPMENT
AGENDA REPORT
TO: Honorable Agency Board
FROM: David C. Moe II, Redevelopment Manager
DATE: March 5, 2010 (Agency Meeting of 3/17/10)
ITEM 5.13.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of 10
/1
AGENCY
SUBJECT: Consider Authorization of Recordation of the Notice of Completion for
Construction of a Single Family Dwelling Located at 81 First Street and
Release of Bonds in Accordance with the Contract
BACKGROUND & DISCUSSION
On October 24, 2007, the Agency Board entered into a contract with A. Bates, G.C. for the
construction of a single family dwelling on an Agency owned lot located at 81 First Street.
The amount of the contract was for $343,950.00. Along the course of the construction, the
Agency issued three change orders totaling $53,929.00 for removal of a septic tank and
changes to the original specifications. The revised project budget was $397,879.00. A.
Bates, G. C. has completed all work and staff is requesting that the Agency Board authorize
the recordation of the Notice of Completion.
With the Agency Board's authorization to record the Notice of Completion, the Agency
Secretary's office will be authorized to release the project bonds in accordance with
contract provisions as follows:
• Payment Bond shall be released six (6) months after the recordation of the
Notice of Completion
• Performance Bond shall be null and void one (1) year after the recordation of the
Notice of Completion.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Authorize the Agency Secretary to file the Notice of Completion, and release the project
bonds as outlined in agenda report.
Attachment 1: Notice of Completion
3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
( NAME Redevelopment Agency '
STRT
ADDRESS 799 Moorpark Avenue
CITY Moorpark, CA 93021
STATE
L ZIP Attn: City Clerk/Agency Sec.
No Fee Required (Govt Code Sec 6103 8t 27383
SPACE ABOVE TFaS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The urxWsigr*d is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is RariavPlnnmPnt AnAnry of the city of Mnnmark
3. The full address of the owner is 799 Moomark Ave
4. The nature of the interest or estate of the owner is: In fee.
(If otim than Fes. Win •N f«' rd kumt, for entemple. *purchaser under contract of purchuo.• or 'Lessee')
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on March 10, 2010 The work done was:
Construction of a single family dwelling.
8. The names of the contractor, it any, for such work of improvement was A. Bates, G.C.
October 24 2007
(if no contractor for wort of worovrnent es a whole, irtMrt -N"-) Date of contract)
9. The property on which said work of improvement was completed is in the City of Moorpark
County of Ventura , State of CA_, and is described as follows: 512 -0-103 -040
10. The street address of said property is 81 First Street
Ill no street address has been oNleiWV assiyno. irwNt •narta'.)
Dated
(Signature of Owner or emporele oftiiow of Owner nomad in pregreph 2, or his pond
Steven Kueny, Executive Director
VERIFICATION
I, the undersigned, say: I am the M.05ye Director the declarant of the foregoing Notice of Completion;
( of. . ete.l
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of
peri'ury that the foregoing is true and correct.
Executed on , 2010 at MOomark California
Boom You we this fomt, M in all blarJw and make whalsrer are
aPPropr� and ^may io y� p�+�► trmtsection. Consult a
WOLCOTTS FORM 1114 - (Price cla�sss 3B) if you doubt ft forms fibtess for your purpose and use. WoW is
NOTfCE OfC COMPLETION - Rev. 7 -99 no rePresenfatl°n orwota� express or implied, with respect to the
41999 WOLCOTTS FORMS, INC. y «fitrtess of Ws, an �^ a purpow• 7 t 7775 441 s
0
ITEM 5.C.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION:
MOORPARK REDEVELOPMENT AGENC
AGENDA REPORT._...
TO: Honorable Chair and Agency Board Members
FROM: David C. Moe II, Redevelopment Manager
Prepared by: Kathy Priestley, Administrative Secretary
DATE: March 1, 2010 (Agency Meeting of 03/17/10)
SUBJECT: Consider an Agreement with Michael Boblett dba Mike's Handyman
Service for Maintenance and Repairs of Agency Owned Properties
BACKGROUND & DISCUSSION
Agency properties require regular maintenance and repairs. Normal services consist of
repairs related to property vandalism, graffiti abatement, and various other maintenance
issues. Staff requires the work to be handled in a timely and professional manner.
Staff is proposing using Michael Boblett dba Mike's Handyman Service ( "MHS ") for
ongoing handyman services not to exceed $30,000.00. MHS has the expertise and
qualifications to perform the services and is familiar with the Agency's needs. MHS has
performed satisfactorily for the Agency under their prior contract which expires on
March 17, 2010.
FISCAL IMPACT
Funds for these services are already budgeted in the Fiscal Year 09/10 and 10/11
Budgets.
STAFF RECOMMENDATION
1. Approve Agreement with Michael Boblett dba Mike's Handyman Service for
maintenance and repairs of Agency owned properties, subject to final language
approval by Executive Director and Agency Counsel; and
2. Authorize Executive Director to execute the Agreement on behalf of the Agency.
Attachment I: Agreement for Professional Services
k,
Attachment I
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK AND MIKE'S HANDYMAN
SERVICE
This Agreement is made and entered into in the City of Moorpark on this
day of , 2010, by and between the Redevelopment
Agency of the City of Moorpark ( "Agency "), a public body, corporate and politic, and
Mike's Handyman Service, Contractor. In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on the date this Agreement is signed and shall
remain and continue in effect for one year, unless sooner terminated pursuant to the
provisions of this Agreement.
2. Services
Agency hereby retains Contractor in a contractual capacity to perform handyman
services for various Agency owned properties. The Agency shall issue a task order to
Contractor when handyman services are desired. Contractor shall submit an estimate
to the Agency outlining the cost and time to complete the task order within three (3)
business days. If the estimate is acceptable, the Agency will issue a Notice to Proceed
for the task order.
3. Performance
Contractor shall at all times faithfully, competently and to the best of his /her
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder to meet
its obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Agency and Contractor shall be Michael Boblett, or designee.
The Executive Director, or his designee, shall represent Agency in all matters
pertaining to the administration of this Agreement, review and approval of all products
Page 1 of 7
submitted by Contractor. The Executive Director is authorized to act on Agency's behalf
to execute all necessary documents which increase the scope of services or change
Contractor's compensation, subject to Section 5 hereof.
5. Payment
a) For furnishing services as specified in this Agreement, Agency shall pay and
Contractor shall receive compensation on an invoice per task order basis with the
cumulative total sum not to exceed $30,000 for the term of this Agreement, unless
agreed upon in writing as outlined in subsection b, below.
b) In the event that additional work hours are required of Contractor, beyond the
not -to- exceed fee for this Agreement, additional compensation may be authorized only if
such authorization is provided in writing, identifying a "not -to- exceed" cap to be paid by
Agency.
c) Agency shall make payment to Contractor within thirty (30) days of receipt of
invoices, except for those invoices which are contested or questioned, in writing, and
are returned to Contractor within thirty (30) days of the receipt of invoices.
6. Incorporation by Reference
All exhibits herein referenced are hereby incorporated into and made a part of
the Agreement.
7. Suspension or Termination of Agreement without Cause
a) The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the Agency suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Contractor the actual value of the work performed up to the time of the
termination. Upon termination of the Agreement pursuant to this Section, the Contractor
will submit an invoice to the Agency pursuant to Section 5.
8. Default of Contractor
a) The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, Agency shall have no obligation or duty to continue compensating
Page 2 of 7
7
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
b) If the Executive Director or his /her designee determines that the Contractor is
in default in the performance of any terms or conditions of this Agreement, the
Executive Director shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have ten (10) days after service of said notice in which to
cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
c) Contractor may terminate this Agreement upon 30 days notice in the event of
a material breach or non - payment by Agency.
9. Indemnification
Contractor shall indemnify, defend (with counsel reasonably acceptable to City)
and hold harmless City, and any and all of its employees, officials and agents ( "the
Indemnitees ") from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arises out of, are a consequence of, or are in any way attributable to, in
whole or in part, the negligence, willful misconduct, errors or omissions, in performance
of this Agreement by Contractor or by any individual, or entity for which Contractor is
legally liable, including but not limited to officers, agents, employees or subcontractors
of Contractor, except such damage as caused by negligence of the City of any of its
officers, employees, servants, project coordinators or agents.
10. Indemnification Provisions from Subcontractors
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every Sub - Contractor, or
any other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
Page 3 of 7
here is binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Agreement or this section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs and expenses described in this section.
12. Insurance
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached to and part of this
Agreement.
13. Independent Contractor
a) Contractor is and shall at all times remain as to the Agency a wholly
independent Contractor. The personnel performing the services under this Agreement
on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither Agency nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor's officers, employees, or agents,
except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the Agency. Contractor shall not incur or have the power to
incur any debt, obligation, or liability whatever against Agency, or bind Agency in any
manner.
b) No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, Agency shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for Agency. Agency shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of
performing services hereunder.
14. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2)
delivery by a reputable document delivery service, which provides a receipt showing
date and time of delivery, or 3) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by notice:
Page 4 of 7
9
Agency: Redevelopment Agency
of the City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Executive Director
Contractor: Mike's Handyman Service
Post Office Box 1140
Fillmore, CA 93016
Attn: Michael Boblett
15. Assignment
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the Agency. It is
understood and acknowledged by the parties that Contractor is uniquely qualified to
perform the services provided for in this Agreement.
16. Entire Agreement
This written Agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete Agreement between the parties hereto. No oral
Agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral Agreement,
understanding, or representation be binding on the parties hereto. Should interpretation
of this Agreement, or any portion thereof, be necessary, it is deemed that this
Agreement was prepared by the parties jointly and equally, and shall not be interpreted
against either party on the ground that the party prepared the Agreement or caused it to
be prepared. No waiver of any provision of this Agreement shall be deemed or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
17. Anti - Discrimination
In the performance of the terms of this Agreement, Contractor agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of the age, race, color, creed, sex,
sexual orientation, national origin, ancestry, religion, physical disability, medical
disability, medical condition, or marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
Page 5 of 7
10
18. General Conditions
a) Contractor agrees to limit its actions related to economic interest and potential
or real conflicts of interest as such as defined by applicable State law to the same
standards and requirements for designated Agency employees.
b) Agency shall not be called upon to assume any liability for the direct payment
of any salary, wage or other compensation to any person employed by Contractor
performing services hereunder for Agency.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all
original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Contractor or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of Agency. Any word processing computer files provided to
Agency shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by Agency or Contractor or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of any other association of
any kind or nature between Agency and Contractor.
e) Cases involving a dispute between Agency and Contractor may be decided by
an arbitrator if both sides agree in writing on the arbitration and on the arbitrator
selected, with costs proportional to the judgment of the arbitrator.
f) The captions and headings of the various Sections and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Sections and Exhibits hereof.
g) If any portion of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will never - the -less continue
in full force without being impaired or invalidated in any way.
h) No officer, employee, director or agent of the Agency shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he is directly or indirectly
interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
Page 6 of 7
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19. Governing Law
The Agency and Contractor understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County, California.
20. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that this individual has the authority to execute this Agreement
on behalf of the Contractor and has the authority to bind Contractor to the performance
of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
REDEVELOPMENT AGENCY OF CONTRACTOR:
THE CITY OF MOORPARK: MIKE'S HANDYMAN SERVICE
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A ": Insurance Requirements
Michael Boblett
General Contractor
Page 7 of 7
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EXHIBIT A
Insurance Requirements
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to Agency in excess of the limits
and coverage required in this Agreement and which is applicable to a given loss, will be
available to Agency.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence and $2,000,000 in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $100,000 per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Contractor or Contractor employees will use personal autos in any
way on this project, Contractor shall provide evidence of personal auto liability coverage
for each such person.
Workers' Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and Agency agree to the following with respect to insurance provided by
Contractor:
Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured's Agency and the City of
13
Moorpark, its officials, employees, servants, agents, and independent contractors
( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against Agency regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the
Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Agency, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect Agency's protection without
Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to Agency
at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, Agency has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by Agency shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at Agency option.
8. Certificates of insurance are to reflect that the insurer will provide 30 days notice
to Agency of any cancellation of coverage. Contractor agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of
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the insurer to mail written notice of cancellation imposes no obligation, or that any
parry will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non - contributing basis in relation to any other insurance or
self insurance available to Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to Agency for
review.
11. Contractor agrees not to self- insure or to use any self- insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, or other entity or person in any
way involved in the performance of work on the project contemplated by this
Agreement to self- insure its obligations to Agency. If Contractor's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the Agency. At that time the Agency shall
review options with the Contractor, which may include reduction or elimination of
the deductible of self- insured retention, substitution of other coverage, or other
solutions.
12. The Agency reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Contractor
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the Agency will negotiate additional
compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage, only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the Agency to inform Contractor of non - compliance with any insurance
requirement in no way imposes any additional obligations on Agency nor does it
waive any rights hereunder in this or any other regard.
15
15. Contractor will renew the required coverage annually as long as Agency, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
Agency executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and /or
additional insured endorsement is required in these specifications applicable to the
renewing or new coverage must be provided to Agency within five days of the
expiration of the coverages.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to Agency, its
employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Speck reference to a give
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party of insured to be limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge Agency or
Contractor for the cost of additional insurance coverage required by this Agreement.
Any such provisions are to be deleted with reference to the Agency. It is not the intent
of Agency to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against Agency for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to Agency of any claim or loss
against Contractor arising out of the work performed under this Agreement. Agency
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve Agency.
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CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting ITEM 5.1).
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ACTION: 116194,j- � +GIG`a" _
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MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
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Date: March 10, 2010 (Agency Meeting of 3/17/10)
Subject: Consider Committing $600,000 Loan to the Area Housing Authority
of the County of Ventura to Assist with Construction Financing for
the Charles Street Rental Project and Accepting Grant Deed for 396,
406, and 436 Charles Street for Recordation
BACKGROUND AND DISCUSSION
On April 1, 2009, the Redevelopment Agency of the City of Moorpark Board of Directors
approved a Loan Agreement in the amount of $350,000.00 with the Area Housing
Authority of the County of Ventura ( "AHA ") to fund predevelopment expenses to entitle a
20 unit affordable housing project on Charles Street. The loan does not require any
payments and will be repaid with the first draw of the construction loan for the project.
Interest on the loan is accruing quarterly and the rate is based on the quarterly Local
Agency Investment Fund (LAIF) rate. As of the date of this staff report, the AHA has
utilized $290,211.00 of the predevelopment loan.
On September 2, 2009, the Agency approved a Disposition and Development
Agreement with the AHA to construct 20 units with a podium style building. The project
would be 100% affordable and have a mixture of one, two and three bedroom units,
ranging in size from 870 -1100 square feet ( "Project ").
The AHA submitted an application for tax credit financing to the Tax Credit Allocation
Committee in conjunction with the City of Moorpark for the sole 2009 funding cycle.
Unfortunately, the application was not funded due to a low Tie Breaker score.
Currently, the AHA and staff have been working on an application for the spring 2010
tax credit funding cycle. In an effort to boost the Tie Breaker score, staff is suggesting
the Agency contribute $600,000.00 or $30,000.00 per unit into the Project in the form of
a long term loan. The Agency contribution would increase the amount of local
contribution and provide greater leverage for the tax credits. As a result, the Project's
Honorable Agency Board of Directors
March 17, 2010
Page 2
Tie Breaker score would increase and provide a better chance the Project would be
funded.
The Agency's commitment would be contingent upon the ability of the AHA to secure
the needed tax credits for the Project. The loan to the AHA would have a thirty (30)
year term and no interest. Payments would begin in year 11 and the AHA would not be
penalized for prepayment. It is possible the loan could be paid off before or during the
construction of the Project if the AHA is able to secure other financing such as HOME
money.
In accordance with Development Agreement dated August 30, 2007, Toll Land XX
Limited Partnership transferred the properties of 396, 406 and 436 Charles Street
( "Properties ") to satisfy a portion of their affordable housing requirement for Tract 5463
and 5464 to the City of Moorpark. The Properties need to be transferred to the Agency
to be disposed of to the AHA through the DDA process. Staff is recommending the
Agency Board now authorize the Agency Secretary to accept the grant deeds for the
Properties and consent to their recordation.
FISCAL IMPACT
Due to other pending projects, the Agency's Low /Moderate Housing Fund does not
currently have $600,000.00 to fund the loan to the AHA. If the AHA is successful in
securing tax credit financing in the calendar year 2010, then the City of Moorpark would
need to make a loan to the Agency with City Housing Funds to finance the AHA loan.
The loan to AHA would only be made when the project obtains the referenced tax
credits. No appropriation of Agency funds is needed at this time. The loan would be
repaid without interest to the City at the first opportunity when property owned by the
Agency is sold for affordable housing purposes.
STAFF RECOMMENDATION
1. Authorize Executive Director to send a loan commitment letter to the Area
Housing Authority of the County of Ventura in the amount of $600,000.00 for
the Charles Street Rental Project and to sign a separate loan agreement
with the City and with Area Housing Authority of the County of Ventura; and
2. Authorize the Agency Secretary to accept and consent to the recordation of
any deeds.
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