HomeMy WebLinkAboutAGENDA REPORT 1988 0413 CC ADJ ITEM 11PJOHN PATRICK LANE
Mayor
ELOISE BROWN
Mayor Pro Tem
JOHN GALLOWAY
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
MAUREEN W. WALL
City Clerk
MOORPARK
MEMORANDUM
TO: The Honorable City Council
FROM: Steven Kueny, City Manager r
DATE: April 8, 1988
SUBJECT: FINAL TRACT MAP 3963 -2 (Griffin)
/ /'-, , / y ` / /i/ ;Lej
ITEM-JI. P.
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
As you are aware, due to an illness in the family I was out of the
office most of the day on both March 31 and April 1. During that time
there was apparently a misunderstanding about placing the final map for
the second phase of Tract 3963 on the April 6 agenda. I did speak with
Elaine Freeman on Friday, April 1 but it was too late to place this
matter on the agenda. We concluded our conversation with the point
that she could request the Council to add the matter to the agenda for
an adjourned meeting that might be held on April 13. She indicated she
would send a letter to that effect and I further, understood that she
would address the Council on April 6 concerning this matter. As you
know, she did not address the Council and further while the letter was
sent to the City a copy was not delivered to me. As a consequence,
this matter was not brought forward at the April 6 meeting.
I have added this matter to the adjourned meeting agenda for April 13
as Item 11.P. If the Council desires, it can hear the matter or allow
it to be carried over to the regular meeting of April 20. The approval
of a final map is a ministerial action of the Council and is usually
included as a consent calendar item.
MOORWK, CALIFORNIA
City Council Meeting
of -�— / 3_19817
cc: Patrick J. Richards, Director of Community [levelopmentA.CTION:
John Knipe, Assistant City Engineer
Elaine Freeman, Griffin Homes
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
Griffin Homes
April 4, 1988
John Lane, Mayor
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Tract 3963 -2
Dear Mayor Lane,
Approximately four (4) weeks ago, all of the necessary information
to record Phase II of the subject project was submitted to the City
staff to review for completion. This is an extremely important part
of the process since we can not get building permits for the seventy
(70) allocations granted in December 1987.
Unfortunately, proper review of the conditions did not occur in time
for the April 6 agenda, which was the date originally anticipated.
This letter is to request the Council's consideration in placing this
item on the April 13 agenda in the event the Council has a special
meeting. Your efforts would be greatly appreciated.
Sincerely,
Q \ t
E a' e L. Fre ce nt
Cust r and ions
ELF / sr
-- Ktchl tj —
24005 Ventura Boulevard, P.O. Box 9810, Calabasas, California 91302 (818) 992 -6900 APR i 1988
QUALITY FROM THE GROUND UP
P,IT1r OF MOORPARK4
JOHN PATRICK LANE
Mayor
ELOISE BROWN
Mayor Pro Tern
JOHN GALLOWAY
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
MAUREEN W. WALL
City Clerk
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
MEMORANDUM
The Honorable City Council
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
R. Dennis Delzeit, City Engineer
April 6, 1988
Agreement to Construct Improvements and Approval
of the Final Map for Tract 3963 -2 (Griffin Homes)
BACKGROUND INFORMATION
The subject tract is located in the Moorpark College area.
A location map is attached for your reference.
The final map represents a subdivision of 59.07 acres into
145 lots for the development of single family units.
The tentative map was approved by the City of Moorpark
Planning Commission on October 16, 1985 and was subsequently
approved by the City Council on February 18, 1986. The
conditions of approval for the tentative map have been
satisfied and all of the requirements precedent to
recordation have been fulfilled.
The tract is being developed by Griffin Homes, and will be
provided water and sewer services by the Ventura County
Waterworks District No. 1.
Included in this submittal are the following items:
1. Final map for Tract 3963 -2 (on file in the Office of
the City Clerk).
2. Agreement for Construction of Subdivision Improvements.
3. Subdivision Sewer Agreement.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
4. Bonds (on file in the Office of the City Clerk):
TYPE AMOUNT SURETY CO. BOND NO.
Monuments $ 87,000 Developers Insurance Co. 954661S
Street $1,036,000 Developers Insurance Co. 9546605
Performance
and Payment
Storm Drain $1,043,000 Developers Insurance Co. 954657S
Performance
and Payment
Grading $ 304,000 Developers Insurance Co. 954658S
Grading $ 456,000 Developers Insurance Co. 952994S
As a part of Tract 3963 -2 improvements, Collins Drive
at the eastern boundary of the Tract is to be connected with
the existing road at Moorpark College. The Ventura County
Junior College District is offering a portion of the Collins
Drive right -of -way to the City of Moorpark. The Grant Deed
for this dedication is enclosed.
RECOMMENDED ACTION
Approve the final map for tract 3963 -2 and authorize
the Mayor to sign the title sheet accepting for public
use the right -of -way for all streets, the necessary
rights for ingress and egress, and the easements for
public service purposes and storm drain purposes as
shown on the map.
Authorize the Mayor to sign the Agreement for
Construction of Subdivision Improvements and the
Subdivision Sewer Agreement for the subject tract and
direct the City Clerk to retain the original agreement
and return an executed copy to the developer and surety
company.
Authorize the City Clerk to execute a Certificate of
Acceptance for the Grant Deed from the Ventura County
Junior College District for Collins Drive right -of -way.
JFK: CL: em
encl.
cc: Steve Kueny, City Manager
JN 30176
JN 30177
DMO109.MEM
TRACT 3963 -1 q
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TRACT 3963 -2
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AGREEMENT FOR CONSTRUCTION
OF SUBDIVISION IMPROVEMENTS
This Agreement is entered into by and between wPetlakA r iff;n
Partnership By: Griffin Hares , whose address is
24005 Ventura Blvd., Calabasas`ra_ 9130liereinafter referred to as
"DEVELOPER ", and the CITY OF MOORPARK, CALIFORNIA,
hereinafter referred to as "CITY ": --
WITNESSETH:
WHEREAS, Developer desires to obtain City's approval of a
final subdivision map on land known as Tract No (s) . 3963 -2
; and
WHEREAS, City desires that in the event said final
subdivision map is approved, Developer be contractually
obligated thereafter to construct certain improvements on
said tract;
NOW, THEREFORE, the parties hereto agree that, if the City
Council of City approves said final subdivision map,
Developer shall be bound by the following comments and
conditions:
1. Developer represents that Developer is the owner of the
land in the City of Moorpark, California, comprising
that certain subdivision known as Tract No(s) . 3963 -2
2. Developer shall perform, construct and complete at
Developer's own expense all that work and all those
improvements for said tract(s) described in the plans
and specifications under City of Moorpark Drawing
No (s) . �`� -ML- /0�9: 3 for streets and storm
drain on file in the office of the City of Moorpark
Public Works Director, and Vetura County Drawings
No (s) . ,r179H -UCS 0 for sewer and water, on file
in the offict of the Ventura County Public Works
Director, Ventura, California. Said plans and
specifications are incorporated into and made a part of
this Agreement as though set forth at length herein.
3. Developer hereby offers the improvements shown on City
of Moorpark Drawing No(s) . 9� -M /_- 10993 to
City for public use, except the following:
a. All water and sewerage improvements shown on
Ventura County Dra,ying No (s) which are
hereby offered to V Cru /"=
b. All flood control improvements shown on Ventura
County Drawing No (s) .
which are hereby offered to Ventura County Flood
Control District.
4. Developer shall perform and complete the work and
improvements referred to in Paragraph 2 within fifteen
(15) months after approval by the City Council of
Moorpark of the Final Map of said Tract. If the time
for completion of said work and improvements is
extended, said extension will not affect the validity
of this Agreement or release the Public Improvement
security filed with the City pursuant to paragraph 5
hereof, nor the Laborers and Materialmen Security filed
with City pursuant to Paragraph 6 hereof.
5. Prior to the approval by the City Council of the Final
Map of said Tract, Developer shall file with City a
Public Improvement security in accordance with Section
8280 of the City of Moorpark Subdivision Ordinance for
the faithful performance of the improvements shown on
City of Moorpark Drawing No (s) . 10 7 -124- - >O a93
for streets and storm drain. The estimated costs to
complete said work and construction of said improve-
ments is the sum of Two Million Seventy_ -Nine Thnucaruj- - - - -
DOLLARS ($ 2,079,000.00 ) . * * *At least $500.00 of the
required improvement security shall be in the form of a
cash deposit with City. The remainder amount shall be
a good and sufficient security on a form approved by
the City. Should the amount on said improvement
security become insufficient in the opinion of City,
Developer agrees to renew the security within ten (10)
days after receiving demand from City therefor.*** Said improvement wi]
be covered by: Bond for Streets - $$1,043,000.00 Stone Drain - $1,036,000.
6. Prior to approval of the Final Map by the City Council,
Developer shall file with City a security in accordance
with the City of Moorpark Subdivision Ordinance,
securing payment to the contractor, his subcontractors
and to persons renting equipment or furnishing labor or
materials to them for the improvement. Should the
amount on said security become insufficient in the
opinion of City, Developer agrees to renew said amount
with good and sufficient security within ten (10) days
after receiving demand from City therefor.
7. Developer hereby warrants that the plans and
specifications referred to in Paragraph 2 are in
accordance with the tentative map approval and the
master plan for said subdivision previously approved by
the City Council, together with all conditions made'a
part of said approval(s). Developer further warrants
that said plans and specifications are adequate to
accomplish the improvement work covered by this
Agreement in a good and workmanlike manner, and in
accordance with accepted construction practices.
Should said plans and specifications at any time prior
to final acceptance of improvements referred to herein
prove to be inadequate in any respect, then Developer
shall make such changes as are necessary to accomplish
said work in a good and workmanlike manner and in
accordance with accepted construction practices.
B. Developer shall perform the work and construct the
improvements referred to in Paragraph 2 in a good and
workmanlike manner under the supervision and to the
satisfaction of the City Engineer. If the work
referred to in Paragraph 2 requires any paving of
streets, the final one inch cap of paving shall not be
placed until all underground utilities are in or until
all on -site construction is completed. Said work and
improvements shall not be deemed complete until
approved and accepted as completed by the City Council.
Said acceptance shall constitute acceptance of the
offer of improvements for public use contained in
Paragraph 3.
9. A Soils Engineer acceptable to the City Engineer shall
be employed and paid by the Devloper.
10. 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.
11. 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.
12. 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.
13. 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.
c»
14. 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 completion and acceptance of
said improvements.
15. At all times from the acceptance by the City Council of
the dedications offered on said Final Map to 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 the streets in which they are to be
placed as is necessary to allow him to carry out this
Agreement. Developer shall pay for such permits and
inspection of said improvements as may be required by
the City Engineer.
16. Developer shall indemnify City, County, the Ventura
County Flood Control District, and their officers,
agents, and employees against any and all liability,
loss, costs, damages, fees of attorneys and other
expenses which City, County, the Ventura County Flood
Control District, or their officers or employees may
sustain or incur in consequence of, arising out of, or
in any way connected with the acts or omissions of
Developer, or his contractor, subcontractors, officers,
agents or employees in the construction, design or
location of the improvements constructed pursuant to
this Agreement.
17. Developer shall guarantee the replacement and repair of
the improvements as described-in Paragraph 2 of this.
Agreement for one year from time of final acceptance.
This guarantee does not include routine maintenance or
ordinary wear and tear. The securities referred to in
Paragraphs 5 and 6 of this Agreement shall not be
exonerated until a security guaranteeing the
requirements of this Paragraph in the amount of at
least 10% of the sum shown in Paragraph 5 is accepted
- by the City Council.
This Paragraph 17 does (x) does not ( ) apply.
Revised 9/86
Dated:— \ 6\�6��
Dated • A C C-o
Notarial Certificates Attached
Dated:
�1
Westlake Griffin Partnership
(Type or Print Name of Developer)
By 414ALA
Bruce Freeman
Title Executive Vice President
And By L /
Diane Foster
Title Secretary
DEVELOPER
CITY OF MOORPARK
By
Mayor
ATTEST:
City Clerk
CITY
(SEAL)
CAT. NO. NNO0636
TO 21954 CA (1 -83) it TICOR TITLE INSURANCE
(Corporation as a Partner of a Partnership) �J
STATE OF CALIFORNIA 1 SS.
COUNTY OF Los Angeles
On January 8, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared Bruce Freeman
r personally known to me or proved to me on the basis of satisfactory evidence to bet pa son who executed
x
the within instrument as the Executive Vice President, and Diane �Cls�er
r personally known to me or proved to me on the basis of satisfactory evidence
ito be the person who executed the within instrument as the --------------- Secretary of
►- C,ri ffin Homes
the corporation that executed th ithin instrument on
behalfof Westlake Gri in
yartnar -, hi p the partnership that executed OFFICIAL SEAL
MARY R ROBERTSON
the within instrument, and acknowledged to me that such
NOTARY PUBLIC - CALIFORNIA
corporation executed the same as such partner and that LOS ANGELES COUNTY
such partnership executed the same. 0 My comm. expires OCT 23, 1988
WITNESS my hand and official seal.
�� ` �.. — =� S'Z l `J
nature -- �� (This area for official notarial seat)
R, cording Requested by
CITY OF MOORPARK
and when Recorded Mail to
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
SUBDIVISION SEWER AGREEMENT
THIS AGREEMENT is executed this 5th day of January , 19 gg , by and
between the CITY OF MOORPARK, a municipal corporation, (hereinafter "City ") , .
and y P aciffin nyt„�,;p h5E (47iffin UmRs (hereinafter "Subdivider").
WHEREAS, Subdivider desires to subdivide certain real property in the City of
Moorpark, County of Ventura, State of California, legally described as corpus Hills
Tract No. '1961_2 (hereinafter tract "); and'
WHEREAS, as a condition of approval of the tentative map for the Tract,. the Sub-
divider is required to enter into an agreement, satisfactory to the City, with the
applicable sewer entity for connection of the sewage lines of the subdivision. to the
system of the sewer entity ( "Condition ") ; and
WHEREAS, the instrument dated , 19 gk relative to sanitary
sewage service by Ventura County Wfit6rworks Di trict No. 1 to the Tract, which
instrument is attached hereto and incorporated herein by reference, does not. satisfy
the Condition;
NOW, THEREFORE, for and in consideration of the approval by the City Council of
the City of the final map for the Tract, Subdivider hereby agrees as . follows :
1. Approval of said final map does not entitle Subdivider to the right to build
upon any of the lots in the Tract. Prior to the issuance of building permits by the .
City for each of said lots, Subdivider must deliver to the City an instrument
guaranteeing, unconditionally and without reservation, the connection of the sewer
line from said lot to the sewer system of the applicable sewer entity ( "Will Serve
Letter ") . The City shall have no obligation to issue any building permit for any
lot in the Tract, unless the Subdivider is in full compliance with the provisions of
this Agreement and with all ordinances, rules and regulations of.the City that
constitute conditions precedent to the issuance of any building permit for the
particular lot.
2. Notwithstanding any provision of law to the contrary, - Subdivider shall not be
Entitled to satisfy the need for sewage disposal for any lot in the Tract by means
of a septic tank, whether on a temporary basis or a permanent basis.
3. Subdivider hereby indemnifies and holds harmless the City and its officers,
agents and employees from any claim, demand, damage, liability, loss, cost or
expense whatsoever arising out of, or in any way connected with, this Agreement.
4. This Agreement shall remain in full force and effect until Subdivider delivers
to the City a Will Serve Letter for each lot in the Tract, and thereupon this
Agreement shall terminate.
-1-
5. If an action at law or suit in equity, including an action for declaratory
relief, is brought to enforce or interpret any provision of this Agreement, the
prevailing- party- - shall - -be- entitled -4o reasonable attorney's fees, court costs and
necessary disbursements, which may be set by the Court in the same action or in
a separate action brought for that purpose, in addition to any other relief to which
it is entitled.
6. This Agreement shall inure to the benefit of, and be binding on, the respective
successors in interest, assigns, personal representatives and heirs of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above written.
ATTEST:
City Clerk
(SEAL)
Notarial Certificate Attached
CITY OF MOORPARK,
a municipal corporation
MAYOR
C ITY
Westlake Griffin Partnership
Gri ffi n �irrrwg
Subdivider
By
Bruce Freeman __ -
To I954 CA (8-74)
TiTLF INSURANCE
(Corporation as a Partner of a Partnership)
J AND TRUST
STATE OF CALIFORNIA
SS.
A.. COMPASIT
COUNTY OF Los Angeles '
On Ji3T1l1i3I Y 8 1988 .be fore me,
the undersigned, a Notary Public in and for
State, personally appeared Brilce Fr em3n
. known to me to be the
EX1said
Vi rP President, and
, known to me to be the
.
Secretary of Griffin Ho(l)es
=
the corporation that executed the within instrument and
known to me to be the persons who executed the within instru-
tr
a
ment on behalf of slid corporation, said corporation being
wknown
to me to be one of the partners of—
OFFICIAL SEAL
Westlake Criffin PArtnershii= the partnership
MARY R ROBERTSON
that executed the within instrument, and acknowledged to me
NOTARY PUBLIC - CALIFORNIA
that such corporation executed the same as such partner and
LOS ANGELES COUNTY
that such partnership executed the same.
My comm. expires OCT 23, 1988
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
4
COUNTY OF VENTURA
PUBLIC WORKS AGENCY
REAL PROPERTY SERVICES
WATER & SANITATION SERVICES DIVISION
7150 WALNUT CANYON ROAD
MOORPARK, CA 93021
Date*. February 16, 1988
Griffin Homes
24005 Ventura Blvd.
Calabasas, CA 91302
Subject: TRACT 3963 - 2
CONTRACT TO INSTALL WATER AND SEWER IMPROVEMENTS
Gentlemen:
The Board of Supervisors has appedthe
rlsubject matter. a
Accordingly, we are enclosing a copy of
signed copy of the subject Agreement /Contract.
We are sending under separate cover, a copy of this Board Order
and a signed copy of the subject Agreement /Contract to the
Surety Company.
a u c of thi- Board Order to y-)ur Engineer.
Wr - -. are also sending = -PY
It is a pleasure working with you in this matter.
Very truly your:_,
Grego v S. Fowler, Manager
Water & Sanitation Services Division
Real Property Services Department
Encl.
cc: Surety Company w /encl.
Developer's Engineer w /encl.
WW #1 -17
12/6/85
BOARD OF SUPERVISORS, COUNTY OF VENTURA, STATE OF CALIFORNIA
TUESDAY, FEBRUARY 9, 1988, AT 8:30 A.M.
ALL MEMBERS PRESENT
20.3963 -2 EXCEPT SUPERVISOR DOUGHERTY
Upon motion of Supervisor Erickson, seconded by Supervisor Lacey,
and duly carried, the Board hereby approves the following matter:
PUBLIC WORKS AGENCY
county ®f v�ntura Director
Arthur E. Goule[
Manager — Administrative Services
Deputy Directors
Paul W Ruffin
Ron Brazill
Real Property Services
Al F. Knuth
February 9, 1988
Transportation
T. M. Morgan
Engineering Services
G. J. Nowak
Board of Supervisors
Flood Control/Water Resources
Ventura County Waterworks District No. 1
County Government Center
800 South Victoria Avenue
Ventura, CA 93009
Subject: APPROVAL OF CONTRACT TO INSTALL
WATER & SEWER IMPROVEMENTS,
TRACT 3963 -2, SUPERVISORIAL
DISTRICT NO. 4
RECOMMENDATION:
- Authorize the Chair to sign the original and two copies of
the Contract To Install Water & Sewer Improvements.
- Direct the Clerk to retain the original Contract and return
two copies to Real Property Services Department for trans-
mittal to the Developer and Surety.
DISCUSSION:
Tract 3963 -2 is located directly northwest of Moorpark College
within the City of Moorpark. A Vicinity Map is enclosed for
reference.
The Final Map for Tract 3963 -2 will subdivide 58.37 acres into
145 single family lots.
As a condition of approval, the Developer, Griffin Homes, is
required to construct necessary water and sewer improvements.
Included in this submittal are the following items:
1. Contract To Install Water & Sewer Improvements (original
and two copies).
2. Bonds:
Type Amount Surety Co. Bond No.
Performance & Materials $619,410 Developers 9546595
Insurance Co.
800 South Victoria Avenue. Ventura, CA 93009
Board of Supervisors -2- February 9, 1988
The Developer has paid Capital Improvement Charges in the amount
of $92,075 for water service. Sewer Connection Fees totaling
$362,500 will be collected in two phases; 60 percent at the time
of building permit issuance and the remaining 40 percent prior
to occupancy of any of the units.
If you have any questions rog,-irding this item, please call the
undersigned at extension 2075.
Ron Brazill
Deputy Director of Public works
RF:vrm
Encl.
COPIES TO:
PWA (2)
Real Prop.Serv.
Moorpark
Files (2)
Item 19
2/9/88 fw
WW -127a
CONTRACT TO INSTALL
Water & Sewer __ IMPROVEMENTS
This Contract is entered into by and between [nlactTakp Griffin
PartnershiQBY: Griffin Homes whose
whose
address i s 24005 Ventura B-b d,_Cal-�i.b-asas1�a_,_4.1
hereinafter referred to as Developer, and Veat_Urd__Q41Dty
Waterworlcs_pistrict #1 , hereinafter referred
to as District.
WHEREAS, Developer wishes to process a certain land use en-
titlement known as Tr-. 3963 -2 which has been conditionally
approved by the City of Moorterk _ ; and
WHEREAS, as a condition precedent to the issuance of an uncon-
ditional "will serve" letter, Developer must either complete
the construction of certain improvements with respect to the
land use entitlement or enter into a binding agreement with
District to complete such improvements.
NOW, THEREFORE, in consideration of the premises and in order
to satisfy such condition precedent, it is agreed as follows:
1. Developer shall perform, construct and complete, at De-
veloper's own expense, all that work and all those improve-
ments described in the plans and specifications under
Ventura County Drawing No(s) . 59794 - 5982Q__
on file in the office of the District Engineer, Ventura,
California. Said plans and specifications are incorporated
into and made a part of this Contract as though set forth
at length herein. The estimated cost of said work is
Six hundred Ni n(- te-ea— Thousand Fir Vua rad7 Ten Dollars
($Sz14�410.00 ) -
2. Developer hereby offers the improvements described in Para-
graph 1 hereof to District for public use.
3. Developer shall perform and complete the work and improve-
ments referred to in Paragraph 1 hereof within 15 months
after acceptance of this Contract by the Board of Directors
of District.
Upon written application of Developer stating the facts he
relies upon to justify an extension of time for completion
of the subject improvements, the Board of Directors of
District may, in its discretion by resolution, grant an
extension of time for some definite period of time. The
written application shall be accompanied by a check payable
to Ven t> > ra Counter Wa t err��s n; s t r; r t .#� _ _ in the
amount of $300.00 plus ten percent (10 %) of the construc-
tion inspection fees originally deposited to cover the
1 of 4
2/12/86
WW -127a
costs of processing such an application and the extended
field inspection required. Developer may apply for addi-
tional extensions of time and the Board of Directors may,
in its discretion, grant same pursuant to the foregoing
procedure. The Board of Directors shall not act unreason-
ably or arbitrarily in denying the grant of any extension
of time. If the time for completion of said work and im-
provements is extended, said extension shall effect an
automatic extension of this Contract, security for Faith-
ful Performance filed with District pursuant to Paragraph
4 hereof, and security for Labor and Materials filed with
District pursuant to Paragraph 5 hereof.
4. Concurrently with the execution of this Contract, Developer
shall file with District good and sufficient security for
Faithful Performance in accordance with Section 8280 of
the Ventura County Subdivision Ordinance for the faithful
performance of the terms and conditions and guarantees of
this Contract and the permit required by District to per-
form this work.
5. Concurrently with the execution of this Contract, Developer
shall file with District good and sufficient security for
Labor and Materials in accordance with Section 8280 of the
Ventura County Subdivision Ordinance to guarantee payment
to the contractor, his subcontractors, or to persons rent-
ing equipment or furnishing labor or materials to them for
the construction.
6. Developer guarantees correction of faulty workmanship and
replacement of defective materials for a period of one (1)
year after date of acceptance of the work by District.
The security for Faithful Performance required by Paragraph
4 hereof shall not be exonerated or returned until one (1)
year after date of acceptance of the work by District.
7. Developer shall indemnify District from loss or damage
directly or indirectly caused by the performance of the
terms of this Contract.
8. Developer shall contract for all construction as described
in Paragraph 1 hereof only with contractors currently
licensed by the State of California.
9. Developer shall pay Plan Check Fees and Construction In-
spection Fees as required by the current Resolution Estab-
lishing Schedule of Subdivision Final Processing Fees ap-
proved by the Ventura County Board of Supervisors.
10. Developer shall dedicate to District easements and rights
of way for all the installation of Water & Sewer _ im-
provements as described in Paragraph 1 i�erein, as required
by District.
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2/12/RF
WW -127a
Easements or rights of way within the subdivision shall be
offered to District on the requisite record map title sheet.
11. District shall inspect all construction required by the
terms of this Contract. Said inspection shall include, but
need not be limited to, the inspection of backfill over in-
stalled pipes, extensions or connections. The provisions of
this paragraph shall apply to pipes, extensions or connect-
ions installed in public streets or rights of way.
12. Developer shall pay all the costs of inspection of back -
fill over installed pipes, including appurtenances, and
soils testing above the pipe zone, as required by paragraph
11, as hereinabove described. Said pipe zone is defined
as follows:
Commencing from the bottom of the trench to a maxi-
mum of one (1) foot above the top of the pipe and
extending thereby to the length of the pipe, ex-
tension or connection installed.
13. Developer shall perform the work and construct the improve-
ments referred to in Paragraph 1 hereof in a good and work-
manlike manner under the supervision of and to the satis-
faction of District Engineer. Developer shall comply with
all local ordinances, rules and regulations. Said work and
improvements shall not be deemed complete until approved
and accepted as completed by the Board of Directors or
District. Said acceptance shall constitute acceptance of
the offer of improvements For public use contained in Para-
graph 2 hereof.
14. Developer is an independent contractor and nothing contained
in this Contract shall be construed to create the relation-
ship of employer and employee, master and servant, or prin-
cipal and agent between District and Developer.
15. District, its officers, agents and employees shall not be
answerabie for any liability, death, or injury to persons,
property damage due to or arising out of the performance
of the work by Developer. Developer shall answer for and
save District, its officers, agents and employees, from all
liabilities imposed by law, including all costs, expenses,
fees and interest incurred in seeking to enforce this pro-
vision.
16. Developer shall take such precautions as may he necessary
to protect the public from any dangerous condition caused
by the construction of said improvements. Developer shall
3 of 4
2/12/86
WW -127a
have such control of the ground reserved for the installa-
tion of such improvements and the streets in which they are
to be placed as is necessary to allow him to carry out this
Contract, and shall obtain an Encroachment Permit for any
construction to be performed within or over any public right
of way.
IN WITNESS WHEREOF, the parties hereto have executed this Con-
tract.
Dated.
.0
j
Dated. Y
Westlake Griffin Partnership
Rv- C;ri ffi n Firms
Developer
BY
Bruce Freeman
Title F.xen]tivP Vir—p pr",gidant
BY
Diane Foster
Title Secretes r
"DEVELOPER"
VENTURA COUNTY WATERWORKS
DIS'TR T NO.
Dated.
NO. NNO0636
CA (1 -83)
potation rrr TICOR TITLE INSURANCE
potation as a Partner of a Partnership)
ATE OF CALIFORNIA
)UNTY OF Los Angeles SS'
January 6, 1988 before me, the undersigned, a Notary Public in and for
d State, personally appeared Bruce Freeman -y Clerk,
-sonally known to me or proved to me on the basis of satisfactory evidence to be the person who executed 9 t e of
within instrument as the Rx tit i ye Vice President, and Diane Foster E icio Clerk
personally known to me or proved to me on the basis of satisfactory evidence visors
be t e pe,L sp n wh Secre
executed the within instrument as the tary of
�r1 T1n domes
corporation that executed the within instrument on
Ialfof WP- t-1ake Griffin
� the partnership that executed
within instrument, and he
to me that such
poration executed the same as such partner and that
h partnership executed the same.
"NESS my hand and official seal.
OFFICIAL SFAL
MARY R P.OBERTSON
m = NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. expires OCT 23, 1988
ature�� _ _._�_ V�
�° (This area for official notarial seal)
4 of 4
rk
2/12/86
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAT. NO. NNO0582 Grant Deed APN: 500 - 2131 -34
TO 1923 CA (2 -83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s): -y� CONVEYANCE TO A GOVERNMENT AGENCY
Documentary transfer tax is $
a G ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( x ) City of Moorpark and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ventura County Junior College Distriict
hereby GRANT(S) to
City of Moorpark
the following described real property in the
County of Ventura State of California:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Dated:
STATE OF CALIFORNIA l
COUNTY OF yej -t-k ir1 )SS.
On meinr h Q- 1,988 before
me, me, the undersigned, a Notary Public in and for said State,
ll a ea d Q -7.-17 Ct/-V LPrZ
1
Secretary to the Govt'
of Ventura County Community
College District
pers na o y pp re - --
personally known to me or proved to me on the basis 9f sat OFFICIAL SEAL
isfactory evidence to be the person —whose name I5 LAURIE T� "JA
subscri ed to the within instrument and acknowledged r• NOTARY PUBLIC - CALIFORNIA
g VERTUP,. COUNTt
that executed the same as the Secretary to the ( �:; pa
My co.m. n. expire. L Y 1% ..,.,9
WITNESS my hand and official seal. Governing Board Of r >«
Ventura County Community College District and
that the Ventura County Junior College District
executed the same.
Signature a2tw,,�G�
Title Order No. Escrow or Loan No.
(This area for officia4 notarial seal)
• RECORDING REQUESTED BY
TICOR TITLE INS. - 71
AND WHEN RECORDED MAIL TO
r
�
City of Moorpark
799 Moorpark Ave
$IvCI
Add—,
Moorpark, CA 93021
Ya
slulo
L
J
MAIL TAX STATEMENTS TO
r
�
Svuot
same as above
Add, —
C�cv 6
slaw
L
J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAT. NO. NNO0582 Grant Deed APN: 500 - 2131 -34
TO 1923 CA (2 -83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s): -y� CONVEYANCE TO A GOVERNMENT AGENCY
Documentary transfer tax is $
a G ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( x ) City of Moorpark and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ventura County Junior College Distriict
hereby GRANT(S) to
City of Moorpark
the following described real property in the
County of Ventura State of California:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Dated:
STATE OF CALIFORNIA l
COUNTY OF yej -t-k ir1 )SS.
On meinr h Q- 1,988 before
me, me, the undersigned, a Notary Public in and for said State,
ll a ea d Q -7.-17 Ct/-V LPrZ
1
Secretary to the Govt'
of Ventura County Community
College District
pers na o y pp re - --
personally known to me or proved to me on the basis 9f sat OFFICIAL SEAL
isfactory evidence to be the person —whose name I5 LAURIE T� "JA
subscri ed to the within instrument and acknowledged r• NOTARY PUBLIC - CALIFORNIA
g VERTUP,. COUNTt
that executed the same as the Secretary to the ( �:; pa
My co.m. n. expire. L Y 1% ..,.,9
WITNESS my hand and official seal. Governing Board Of r >«
Ventura County Community College District and
that the Ventura County Junior College District
executed the same.
Signature a2tw,,�G�
Title Order No. Escrow or Loan No.
(This area for officia4 notarial seal)
EXHIBIT "A"
Commencing at a point in the southeasterly boundary of Parcel 13 per
Parcel Map filed in Book 19 Page 5 of Parcel Maps in the City of
Moorpark, in the County of Ventura, State of California, said point
being the northerly terminus of that certain course recited as " N
46 °21'59" E 347.19' thence southwesterly along said course,
South 46 °21'59" West 211.95 feet to the TRUE POINT OF BEGINNING;
thence,
1st. North 46 021'59" East 158.61 feet to the beginning of a non -
tangent curve concave southeasterly having a radius of 531.50
feet, a radial line to said curve bears North 5 002'59" West;
thence,
2nd. Northeasterly along said curve through a central angle of
14 035'29" an arc distance of 135.36 feet an intersection with
the southerly boundary of said Parcel 13, a radial
bearing to said point bears North 9 032'31" East; thence
southeasterly along said boundary of said Parcel 13,
3rd. South 66 123'09" East 542.68 feet; thence leaving said boundary,
4th. South 25 °25'56" West 65.41 feet; thence,
5th. North 64 °34'04" West 243.51 +pet to the beginning tangent curve
concave southeasterly having a radius of 25.00 feet; thence,
6th. Southwesterly along said curve through a central angle of
61118'53" an arc distance of 26.75 feet; thence,
7th. North 64034'04" West 131.44 feet to the beginning of a tangent
curve concave southerly having a radius of 450.00 feet; thence,
6th. Southwesterly along said curve through a central angle of
46 028'29" an arc distance of 365.01 feet to the TRUE POINT OF
BEGINNING.
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