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HomeMy WebLinkAboutAGENDA REPORT 1987 1123 CC ADJ ITEM 08GCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tem THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk TO: FROM: DATE: SUBJECT: MOORPARK ITEM�C,� The Honorable City Council John F. Knipe, Assistant City November 16, 1987 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer Engineer Agreement to Construct Improvements for PD -1059 (Chevron) BACKGROUND INFORMATION The subject development plan is located at the southeast corner of Spring Road and Los Angeles Avenue. A location map is enclosed for your reference. On February 2, 1987, the Planning Commission approved the above development plan for construction of a service station. Improvement plans for grading and street improvements have been submitted to our office and have been reviewed and approved. A grading permit was issued on November 10, 1987 after all conditions of approval had been met in regards to this project. Both the grading bond and the performance and payment bond are on file with the City Clerk. It is now appropriate for the City to enter into an Agreement to Construct Improvements. RECOMMENDED ACTION Authorize the Mayor to sign the Agreement to Construct Improvements and direct the City Clerk to retain the original Agreement and return an executed copy to the developer and Surety Company. C, 1i „i ._ ing JFK: CL: go cc: R. Dennis Delzeit, City Engineer JN 30211 A- amo490.mem 799 Moorpark Avenue Moorpark, California 93021 y (805) 529 -6864 CI CL N 21 �n cn Ix PM 35 V), ' U �_ ail I U - r) �• a I I H m � I I POI DEM ER _F CHOOI— ice. - - - -- N 20P 5a I a I m I - I !I I ' I a \ I Q \� I a W& 11111111 Iftbo 1151 1 19.1 17 RS 170 I I II II 28. PM 59 I I I 13 3 MRI39 13 IPAR. B I14 I 2�J�t T 1 —1 I T= I r- I ra I �I 7 P 69 I I 21 F M 2 tEj a 1 II I i11�11111111• 20 PM 56 • .: �1 1111111 � I • =1 11111111 ©1� • Ear 19 RS 52 RS 74 RS 90 nS 40 REMONT M I 4 PM 9F, slim R - 7 I I R LOCATION MAP slim R PD 1059 - 7 PD 1059 ,a • AGREEMENT TO CONSTRUCT IMPROVEMENTS THIS AGREEMENT is entered into by and between CHEVRON U.S.A., INC. , whose address is 502 E. LOS ANGLES AVE.. '"MRPARK hereinafter referred to as "DEVELOPER" and the CITY OF MOORPARK, CALIFORNIA, hereinafter referred to as "CITY ": -- CONSTRUCTION OF A SELF - SERVICE GASOLINE SERVICE STATIC WHEREAS, Developer has applied for AND FOODMART ; and WHEREAS, PIA= DEVELOPMM No. 1059 was granted to Developer by City on JANUARY 19. 1987 and WHEREAS, as a condition to granting approval of said PD -1059 , Developer is required to construct certain improvements; and WHEREAS, Developer and City desire to enter into an agreement which contains the detailed obligations of said condition; NOW, THEREFORE, in consideration for the granting of the approval of said PD -1059 by City, Developer agrees as follows: 1. Developer shall perform, construct and complete, at Developer's own expense, all that work and all those improvements as described in the plans and specifications under City of Moorpark Drawing (No(s). /0 �Z,7l for street and storm drain improvements, and specifications under Ventura County Drawing No(s). N/A for sewer and water improvements, on file in the office of the City Engineer and the Ventura County Public Works Director, respectively. Said plans and specifications are incorporated into and made a part of this Contract. 2. Developer shall submit said improvement plans and shall perform and complete said work and improvements on or before If the time for completion of said work and improvements is extended, said extension shall not affect the validity of this Agreement or release the surety or sureties from the obligations of the bonds filed with City pursuant to Paragraphs 13 and 14 hereof. -1- 3. The estimated cost of the performance_ of this Agreement is the sum of DOLLARS 4. Developer shall perform said work and construct said improvements in a good and workmanlike manner under the supervision and to the satisfaction of City. Said work and improvements shall not be deemed complete until approved and accepted as completed by City. 5. A Soils Engineer acceptable to the City Engineer shall be emploved and paid by the Developer. 6. Soils Engineer shall perform materials testing, construction control testing, interpretation of test results and pavement design work on streets within the City in accordance with the requirements set forth in Section 3, shown on Plates A -3 and A -3a of the Ventura County Road Standards approved by the City of Moorpark. 7. Soils Engineer shall provide the City with reports containing the results of testing, the interpretation of results and the pavement design done pursuant to this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with applicable Ventura County Standards and good engineering practice. All reports and the certificate shall be mailed or delivered to the City of Moorpark. 8. The Soils Engineer recommendations, as such recommendations may be modified by the City Engineer, shall be incorporated into the final pavement design, and actual street construction shall be in accordance with said pavement design. 9. Developer is an independent contractor and nothing contained in this Agreement shall be construed to create the relationship of employer and employee, master and servant, or principal and agent between City and Developer. 10. City, its officers and employees, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this Agreement prior to the completion and acceptance of said improvements. -2- 11. City, its officers and employees, shall not be - liable for any injury or damage to persons or property arising out of said construction or the acts or omissions of Developer, his agents or employees in the performance of said work. Developer shall protect and hold City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising_ out of, the acts or omissions of Developer, his agents or employees in the performance of this Agreement. 12. Until the completion and acceptance of the improvements described herein, Developer shall take such precautions as may be necessary to protect the public from any dangerous condition caused by the construction of said improvements. Developer shall have such control of the ground reserved for the installation of such improvements and to allow him to carry out this Agreement. Developer shall pay for and arrange for such permits and inspection of said improvements as may be required by City. 13. Concurrently with the execution of this Agreement, Developer shall file with City a good and sufficient security in accordance with Section 8280 of City of Moorpark Subdivision Ordinance, to guarantee the faithful performance of the terms and conditions and guarantees contained herein. Should the amount of said security become insufficient in the opinion of the City, Developer shall renew said bond with 000d and sufficient sureties, within ten (10) days after receiving demand from City therefor. 14. Concurrently with the execution of this Agreement, Developer shall file with City a good and sufficient labor and materials security, in accordance with Section 8280 of City of Moorpark Subdivision Ordinance, to secure payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvement. Should the amount of said security become insufficient in the opinion of the City, Developer agrees to renew said bond with good and sufficient sureties within ten (10) days after receiving demand from City therefor. 15. Developer hereby warrants that the plans and specifications referred to herein will be in accordance with the terms and conditions specified for this project by the Planning Commission. Developer further warrants that said plans and specifications will be adequate to accomplish the improvement work covered by this Agreement in a good workmanlike manner, and in accordance with accepted construction practices. Should said plans and specifications at any time prior to final acceptance of —3— improvements referred to herein prove to be inadequate in any respect, Developer shall make such changes as are necessary to accomplish said work in a good workmanlike manner and in accordance with accepted construction practices. 16. Should suit be filed to enforce this Agreement, Developer agrees to pay City any costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Dated: to &-I Dated: (Notarial Certificate Attached) Dated: CHcvP-nFJ U5A (Type or Print Name of P eveloper) By..41 -C �1 Title �NG)N��Il0(L�1-l�i-T And By Title DEVELOPER CITY OF MOORPARK 2 Mayor ATTEST: City Clerk (SEAL) CITY -4- 1 r i State of California ) ss County of Orange ) On �c� a�� �� 9 8'1 , before me, the undersigned, a Notary Public for said State, personally appeared �A nersonaiiv known to me or proved to me on the basis of satisfactory evidence to be ine person vho executed the within instrumer.t as ENCk on behalf of the corporation therein named and acknowledged to me that the corporation executed it. FITNESS my hand and official seal. �utunnnunnnitnnntnnunnnnuttuutuutul �\ OFFICIAL SEAL alotary Signature W I N I F R E D C. MARSI-F NOTARY PUBLIC - CALIFORNIA= PRINCIPAL OFFiCE IN = ORANGE COUNTY - My Commission Expires November 2, 1990 `-.-; tnununuuuuuntu��ntutuuutuuu�nuunnl� v Bond No. U80 51 20 -567 Premium $ 42.00 SURETY BOND PEI2.F1CDTZMAN C E AND PAYMENT WHEREAS, the Principal, have complete certai n JANUARY 19, City of Moorpark, State of California, and CHEVRON U.S.A. ,INC- , hereinafter designated as entered into an agreement whereby Principal agrees to install and designated public improvements, which said agreement, dated , 19 87 , and identified as project PD -1059 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we the Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Moorpark, hereinafter called "City". in the penal sum of FIF= THOUSAND EI= HUNDRED Di~]ENTY EICUF DOLLARS ($ 15.828.00 ) , lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as herein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. State of California On this the 7th day of October 19 87 before me County of San Francisco I SS. the undersigned Notary Public, personally appeared Helen A. Weires ® personally known to me proved to me on the basis of satisfactory evidence Or': -f -T �, cam. �., L to be the person(s) who executed the within instrument as Attorney- 1 " 1 r AY1- �? in -Fact of the corporation therein named and acknowledged to me r,oTa Du :L:; c. iroaniA that the corporation executed it. WITNESS my hand and official SAN FRAM, 30 COC :TY seal. h'y _o -im. e..: ees MAY 4, 1SE.', Notary's Signature MMSF -1066 also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should this condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement, or to the work to be performed thereunder or the plans and specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work performed under said agreement, or to the specifications accompany- ing the same. State of California ) City and ) ss County of San Francisco ) On October 8, 1987 , before me, the undersigned, a Notary Public for said State, personally appeared T. H. Pickens personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Assistant Secretary on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. .-= ,..�,r — ter► s N I;A;; Jsco Notary's Signature Ccmmisvrn �. Patricia A. Norgaard -2- UNITED FACIF7c INSUFLANCE COMPANY MEAD OFFICE. FEDERAL WAY. WASHINGTON i POWER OF ATTORNEY / KNOW ALL MEN BY THESE PRESENTS, That tha UNITED PACIFIC INSURANCE COMPANY. a corporation duly organized under the laws of the State of Wass ongton, does hereby nub, awmitute and appoisst HELEN A. WEIRES of SAN FRANCISCO, CALIFORNIA ms aue and lawful Attorney -rn -Fact, to make, execute. anal and deliver for and an no behalf. easel f s its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---- - - - - -- and to bond the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsand other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers. and hereby ratifies and confirms all that its said Attorrwy(s)-on Fact nsay do in pursue— hereol. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIF IC INSURANCE COMPANY which taaume eilecuve Sepietnber 7.1978. which provisions ere now in lull force and allact, reading as follows ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1 The Board of Doreaors• the President, the Chairman of the Board. any Sanior Voce President. any Voce President or Assistant Vice President or other officer designated by floe Board of Directors shall have power and authority to tal appoint Attorneys -in-Fact and to authorize them to execute on behalf of the Company• bonds and undertakings• reoogmsanets• contracts of inWmnity and other writings obligatory in the nature thereof, and Ibl to remove any such Attorney -on Fact at any Urne and evoke the power and outhorny given to him. 2 Attorneys- in•Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognrzarn:as, contracts of indemnity and other writing% obligatory in the nature thereof The corporate seal is not necessary for the validity of any bonds and undertaking., recognizances, contracts of indemnity end other writings obligatory in the nature thereof 3 Artotneys•m•Focl shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of ondem mtv or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company end to copies of the By Laws of the Company or any article or section thereof. This power of attorney is signed and soled by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 51h any of June, 1979, at which a quorum was present• and said Resolution has not been amended or repeated -'Resolved, that the signatures of such directors and officers and the goal of the Company may be affixed to any such power of attorney or any cenifo01/ totaling thereto by facsimile, and any ifuch power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by tanimife signatures and facsimile seal shall be valid and binding upon the Company in the future With respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused them presents to be signed by its Vice President• and its corporate =al to be hereto affixed, this 19th toy of May 19 87 UNITED PACIFIC INSURA 'CE C�OMP�ANY err.• Voce President STATE OF Washington COUNTY OF King }� On this 19th day of May .1967.pergpfrowsyappeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore going rnttiurnent and affixed the col of said corporation tharn0, and that Article VII, Section 1. 2, and 3 of the By-Laws of card Company, end the RvSOW11 On. set forth thereon, are Riff on lull force. My Cornme anon Expires. ED may 15 .19 90 /rotary Public on and for State of ( Washingt Rei ., at Tacoma 1, Lawrence W. Carlstrom . Aies"Iftent S*ana►y of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney e■acrttid by mid UNITED PACIFIC INSURANCE COMPANY, which is nits on full force and aftom. IN WITNESS WHEREOF. 1 have hereunto eat my fund and affixed the gaol of acid Company 1f-A itiey of -, L 19 C 7 •DU -1431 Ed. 1/BC �► �+sa /g AWRant Stirs A Z�J �,� Lawrence W. Carlstrom SURETY $(D NID - Bond No. U80 51 20 -566 GRAID ING Premium $ 30.00 KNOW ALL :44EN BY THESE PRESENTS: That CHEVRON U.S.A. INC. , as Principal, and United Pacific Insurance Company , as Surety, are held and firmly bound unto the City of Moorpark, State of California, as Surety, in the sure of our heirs, executors, ad ^in- (5 2.000.00 ) , for which sum we bind ourselves, istrators, successors, and assigns, jointly and severally by these presents. The condition of the above obligation is such that: WHEREAS, the Principal has made application for Grading Permit No. + in order to perform grading and excavation of the premises known as car\ 02_ t- Lt)5 f_AoozPA?Z_K -; and WHEREAS, the Principal, as a condition to being granted said Permit, is legally obligated to comply with all terms and conditions thereof; . NOW, THEREFORE, if the Principal shall fully comply with all terms and conditions of said Permit, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect, and Surety shall cause the terms and conditions or pay to Obligee the cost of performing the of the said Permit to be fully performed terms and conditions of the said Permit in an amount not exceeding the said su:n above specified; and shall also, in case suit is brought upon this bond, pay to Obligee court costs and a reasonable attorney's fee, to be fixed by the court. The Surety does hereby consent to any and all alterations, extensions of time, or other modification to the said Permit, the performance of terms and conditions of which are secured by this bond. Dated this 28th day of September , 1987 CHEVRON U.S.A. INC State of California l On this the 28th day of September 19 87 , before me County of San Francisco 1 SS. the undersigned Notary Public, personally appeared 1 ' MMSF -1066 Helen A. Weires E2 personally known to me proved to me on the basis of satisfactory evidence C�' �" ' L �T h to be the person(s) who executed the within instrument as Attorney - �; in -Fact of the corporation therein named, and acknowledged to me roT rY F1'3: C CLUIORNIP i that the corporation executed it. WITNESS my hand and official seal. ry 'Y 4, 1932 Notary's Signature ✓r % UNITED PACIFIC INSUFL&INCE COMPANY MEAD OFFICE, FEDERAL WAY, WASHINGTON o POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. Thai that UNITED PACIFIC7 INSURANCE COMPANY• a corporation duly organized sander the laws of the Swiss of Wast ington. dos hereby onel e, constitute and appoint HELEN A. WEIRES of SAN FRANCISCO, CALIFORNIA --------- --- Its true and lawful Attorney -in -Fact, to make, execute, asel and deliver for and an its behalf, and as its act and dated ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---- - - - - -- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the cant orient as if such bonds and undertakings and other writings ablroetory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and seabed and attested by one other of such olfioars, and hereby ratifies and confronts all that its said Attorney(%) -in Fact may do in pursuance hereof, This Power of Attorney is granted undo, and by authority of Anita V11 of the By-LAwvt of UNITED PACIF IC INSURANCE COMPANY which ...:.me ettecirve S:r :enirsr 7. !d78. 7>tct. 'Xf- egsoons are nnvw, on fill ford and effect, reading as follow ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1 The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Diteetors chaff have power and authority to (a) appoint Attorneys to -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings. reeogniza"ees. contracts of indemnity and other writings obligatory in the nature thereof, and lb) so remove any such Attorney -on Fact at any time and revoke the power and authority given to him. 2 Altar neys- rn•Foci shall have power and authority, subject to the terms end limitations of the power of attorney issued to them. to execute and deliver on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof The corporate s"f is not necouary for the validity of any bonds and undertaking., reeognizances, eonttaas of indemnity end other writings obligatory in the nature thereof 3 Attorneys -in -Fact shell have power and authority to execute affidavits required to be attached to bonds, recognizance%, contracts of indent holy or other wriditional or obligatory undertakings and they shall also have power and authority to candy the financial statement of the Company and to copies of the By Laws of the Company or any article or saction thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a nesting held on the 51h day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed "Resolved, that the signatures of such directors and officers and the goal of the Company may be affixed to any such power of anoiney or any eenrlicace relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile w1 shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and lanimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has sauced these presents to be signed by its Vice President, and its corporate Beat to be hereto affixed. this 19th clay of May /9 87 UNITED PACIFIC INSURANCE=f MPANYe — Vice President STATE Of Washington COUNTY OF King On this 19th cley of May . 198 7. personally appeared Charles B. Schmalz to one ►"own to be the Vone .President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore going snprument and affixed the sal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Lows of said Cornoany, and the Resolution, a forth therein, are still in full force. My Commission Empires. I `� may is .1990 :.;t! �� Notary Public in and for State of ( ilashingt IRoluclo sg at Tacoma I. Lawrence W. Carlstrom Assistant Soctrowry of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the Abowe srsd foregoing is a true and correct copy of o Poasar of Attorney sxsctntad by acid UNITED PACIFIC INSURANCE COMPANY, which is atoll in full brit sew effect. 04 WITNESS WHEREOF. 1 Lowe hereunto asst laity hand and affixed the sal of acid Company this eou -1431 ars. 4W lAl )j Assistant S.- ��,, Lawrence W. Carlstrom