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Home My WebLink AboutAGENDA REPORT 1987 0121 CC REG ITEM 11CITEM 11_C_ P10ORPARK. THOMAS C. FERGUSON STEVEN KUENY Mayor City Manager nANNY A. WOOLARD CHERYL J. KANE Mayor Pro Tem City Attorney 'ELOISE BROWN TRICK RICHARDS, A.I.C.R Councilmember Director of JOHN GALLOWAY ° \ Community Development n Councilmember V R. DENNIS DELZEIT CLINT HARPER, PhD. _ City Engineer Councilmember J _ '� JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk (� _ THOMAS P. GENOVESE M E M O R A N D U M TO : The Honorable City Council FROM : Steven Kueny, Citv Manager �J✓ DATE : January 21, 1987 City Treasurer SUBJECT : Reimbursement Agreement with Pacifica for Tierra Rejada Road median improvements within Tract 2865 BACKGROUND: Tract 2865 is not part of the Tierra Rejada /Moorpark Road Area of Contribu- tion (AOC). This project was approved by the County of Ventura prior to establishment of the AOC. In addition to not contributing to the AOC, the developer of this project was conditioned under the "old" County standards which did not require construction of the median and related improvements for Tierra Rejada Road. On June 16, 1986, the Moorpark City Council authorized an "additional assess- ment" as part of the city -wide Lighting and Landscaping District (AD 84 -2) for the 622 lots within Tract 2865. The purpose of the "additional assessment" was to pay for construction of the median and landscaping related improvements. This additional assesment was to extend for four (4) years with actual construction and improvement of the median to occur in 1989 -90. The approximate annual assessment is $92.00 per lot with an estimated total project cost of $228,000.00. During the summer of 198.6, the City Engineer's office was discussing with Pacifica the need to relocate the street lights from the parkway to the future median. Those discussions led to the concept of having Pacifica construct the median excluding landscaping in their portion of Tract 2865 at the same time as they built their required portion of Tierra Rejada Road. This concept allowed the City to take advantage of the cost savings provided by Pacifica's construction contract as well as earlier construction of the median. On August 18, 1986, the City Council approved the concept of a reimbursement agreement with Pacifica for the aforementioned work. The actual amount of reimbursement estimated at $28,000 was to be determined by the City Engineer. The amount as detailed in Exhibit "A" of the agreement is $27,834.00. The subject work has been completed. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 City Council January 21, 1987 Page Two The payment to Pacifica is not due until March 1, 1988. This will insure that sufficient funds have been collected from the "additional assessments" to make the payment. It is anticipated that a similar agreement will be discussed with Pardee for their portion of Tierra Rejada Road in Tract 2865 to take advantage of similar cost savings and to move up the improvement schedule. After it is determined if such agreement is to be made with Pardee and at what costs, the "additional assessments" for the remaining years can be re- evaluated for possible reduction in the amount and /or duration. RECOMMENDED ACTION: 1. Approve the attached Reimbursement Agreement for Improvement of Tierra Rejada Road Median with Tract 2865 with Pacifica and authorize the Mayor to sign on behalf of the City. 2. Direct staff to continue discussions with Pardee for a similar reimburse- ment agreement. REIMBURSEMENT AGREEMENT FOR IMPROVEMENT OF TIERRA REJADA ROAD MEDIAN WITHIN TRACT 2865 THIS AGREEMENT is made this day of , 19869 by and between the PACIFICA CORPORATION, a California corporation, hereinafter jointly referred to as "PACIFICA "; and the CITY OF MOOR - PARK, a general law city, hereinafter referred to as "CITY ", with reference to the following recitals of fact; RECITALS: A. Pacifica is owner of real property located in the City of Moorpark, County of Ventura, State of California, and further identified as Phases 4, 5, 6, and 7 of Tract 2865. B. The conditions of approval for Tract 2865 and accompany- ing entitlement, Residential Planned Development - PD -851, did not require the construction of the median and related improvements within the street right -of -way for Tierra Rejada Road within said Tract. C. Tract 2865 is not a part of the Tierra Rejada Road/ Moorpark Road Area of Contribution (AOC) which is set up to provide a funding mechanism for certain improvements, including the median and related improvements for other portions of Tierra Rejada Road. D. On June 16, 1986, the Moorpark City Council authorized an "Additional Assessment" as part of the annual assessments for Assessment District No. AD -84 -2 for the six hundred twenty -two (622) residential lots within Tract 2865 to fund the median and related improvements for that portion of Tierra Rejada Road within Tract 2865. Actual construction of said improvements is expected to occur during the City's 1989 -90 Fiscal Year. E. On August 18, 1986, the Moorpark City Council approved the concept of a reimbursement agreement with Pacifica for Pacifica to construct the median and related improvements excluding landscaping within their portion of Tract 2865. The amount of reimbursement was to be negotiated by the City Engineer and Pacifica with the funds for reimbursement to Pacifica to come from the aforementioned "Additional Assessments" to the owners of the lots within Tract 2865. F. Pacifica and City desire to work together to construct the desired median and related improvements, and in reliance on the City's assurances of reimbursement, Pacifica has constructed the median and related improvements excluding landscaping on Tierra Rejada Road within Phases 4, 5, 6, and 7 of Tract 2865, in accordance with City standards. .— REIMBURSEMENT AGREEMENT - TRACT 2865 page 2 NOW, THEREFORE, the parties agree, as follows: 1. City agrees to reimburse Pacifica for the cost of the construction of the median and related improvements in the amount of Twenty -Seven Thousand, Eight Hundred Thirty - Four Dollars ($27,834.00) on March 1, 1988, pursuant to the schedule of items and costs as illustrated in attached Exhibit "A". At City's sole option, said payment may be made prior to March 1, 1988. 2. Said reimbursement shall be made only from "Additional Assessments ", as part of the annual assessments for Assess- ment District No. AD -84 -2 to the owners of lots within Tract 2865. In the event the actual amount of said "Additional Assessments" actually collected is not sufficient to pay Pacifica the total amount to be reimbursed, the City shall pay Pacifica the actual amount collected as of March 1, 1988, and shall earmark all "Additional Assessments" collected for reimbursement to Pacifica until the total amount of reimbursement is paid. At City's sole option, City may reimburse Pacifica from other available funds. No interest or other additional costs shall be paid by the City, regardless of when the reimburse- ment is made. 3. City further agrees to continue said "Additional Assess- ments" until Pacifica receives the total amount to be reimbursed, pursuant to the terms of this Agreement or in the event said "Additional Assessments" are discon- tinued by the City prior to complete reimbursement payment to Pacifica, the City shall, if necessary, use other appropriate City funds to reimburse Pacifica, pur- suant to the terms of this Agreement. 4. Pacifica is not required to post any additional improvement bonds for said median and related improvements and the construction of said median and related improvements shall not affect the status of Pacifica's existing improvement bonds now posted with the City for other improvements within Tract 2865. 5. Except as expressly provided herein, neither party shall assign any rights or delegate any obligations under this Agreement without the prior written consent of the other party. 6. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the'losing party, REIMBURSEMENT AGREEMENT - TRACT 2865 page 3 and any judgement or decree rendered in such a proceeding shall include an award thereof. 7. Any notice required or permitted to be given by either party to the other under this Agreement shall be given by personal delivery, or by deposit in the United States Mail, postage prepaid and properly addressed as follows: If to the Developer: The Pacifica Corporation 200 North Westlake Boulevard, Suite 200 Westlake Village, California 91362 If to the City: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 8. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains the entire agreement between the parties relating to said subject matter. This Agreement may not be modified, except by an instrument in writing executed by the parties hereto. 9. This Agreement shall terminate at such time as the full amount of reimbursement under the Agreement has been paid. Upon termination of this Agreement, the City and Pacifica shall be released from a-ll further claims, duties, and obligations hereunder. 10. Pacifica shall idemnify, defend, and hold harmless, the City and its officers, employees, servants, and agents from any and all claims, actions, suits, proceedings, losses, liabilities, costs, expenses, and obligations for any damage whatsoever, including injury or death to any person, and injury to any property, in any way connected with, related to, or arising from any act or omission of Pacifica or any of their officers, employees, servants, agents or contractors in the design and construction of said improvements, pursuant to this Agreement, except such damage that is caused by the sole negligence of the City or its officers, employees, servants or agents. REIMBURSEMENT AGREEMENT - TRACT 2865 page 4 The City shall indemnify, defend, and hold harmless Pacifica and its officers, employees, servants, and agents from any and all claims, actions, suits, proceedings, losses, liabilities, costs, expenses, and obligations for any damage whatsoever, including, but not limited to, . injury or death to any person and injury to any property, in any way connected with, related to, or arising from, the sole negligence of the City or any of its officers, employees, servants, agents, or contractors in the performance of its obligations, pursuant to this Agreement. 11. This Agreement is made, entered into, executed, and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement and /or otherwise of the terms, covenants, and conditions referred to herein shall be filed in the applicable court in Ventura County, California, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above set forth at Ventura County, California. ATTEST: City Clerk FOR THE "CITY ": CITY OF MOORPARK BY Mayor of the City of Moorpark, California FOR THE "DEVELOPER ": THE PACIFICA CORPORATION BY Jon B. 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