Loading...
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 i � r it � l r \ 11. � ww. = PM CAMPUS PARK DR. PM 28 Li U r r �_! � I � i� �� f �l �1 � •J fit.. �J LOCATION MAP TRACT 3963 -2 i i� N 1 \ \ 1 z DR. -J w 1 -ice -ice• -� 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. 2 of 4 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. SHEET 1 OF 2 SHEETS L N o � lt °o rr A p a�pZ N � � c � o ' ;u z z D w 0 D �- A L� r1Ap � D 1P —aC, a z CAS ; o N a A W / I 'v N � W 'N J / Ramseyer and Associates • C'M EN°iNEUS er DATE-12 *B-7 noa� sss.iss� VCNtY.A. CAl110• »IA qp03 n M cK•O EPR WO i02 `. -K SHEET 2 OF