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Home My WebLink AboutAGENDA REPORT 1988 1207 CC REG ITEM 08E4 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 M E M O R A N D U M ITEM S. E01 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 The Honorable City Council Patrick J. Richards, Director of Community Development November 29, 1988 (CC meeting of 12/7/88) INDUSTRIAL DEVELOPMENT PLAN PERMIT NO. DP -348 (A TO Z SELF STORAGE, LTD. - MURUND THAKAR, GENERAL PARTNER) Background A condition of approval for DP -390 is that a meandering sidewalk be provided along the Los Angeles Avenue frontage west of Shasta Avenue and east of Goldman Avenue. Caltrans will not issue an encroachment permit allowing the developer to construct a meandering sidewalk unless the city accepts responsibility for maintenance and liability of the sidewalk. Staff has drafted an agreement letter (attached) under the direction of Caltrans to satisfy their needs. Also attached is a letter of agreement between the applicant and the city which will ensure that the applicant, or future owner of the subject industrial property will be responsible for maintaining the landscaped areas within the Caltrans right -of -way. Recommended Action 1. Review and approve the letter of agreement requiring the applicant, A to Z Self Storage, Ltd. to maintain the landscaped area within the Caltrans right -of -way. 2. Review and consider the letter of agreement with Caltrans to permit a meandering sidewalk along Los Angeles Avenue for DP -348 and authorize the City Manager to sign the letter of agreement. Attachment: Draft Letter of Agreement between Applicant and City Draft Letter of Agreement bet:0401)C .t;yKan CW City ccunicis Miee'iing 799 Moorpark Avenue :MAH: OT: JS:Url:Cr Moorpark, California 93021 of id - 7 198 � Mh 529 -6864 WHEN RECORDED, RETURN TO: CITY CLERK City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 November 23,1988. Mr. Pat Richards Director of Development CITY OF MOORPARK 799, Moorpark Avenue Moorpark, CA 93021. A TO Z SELF STORAGE, LTD. A California Limited Partnership. 8448, REseda Blvd. # 107 Northridge, Ca 91324. Re: Landscape Letter Agreement for CALTRANS Encroachment Permit. A to Z Self Storage. Dear Mr. Richards: A to Z Self Storage, A California Limited Partnership, (herein after called "Owners "), in connection with the development of DP -348, is required to landscape within CALTRANS property ( "Landscaped Area ") (( see attached)) located in Los Angeles Avenue adjacent to the subject development. CALTRANS will permit "Owner" to do this only if the City of Moorpark agrees to maintain the landscaped area and in turn,the City requires the "Owner" to be responsible for such maintenance. The "Owner" hereby agrees to maintain the Landscaped as per the approved landscape plans and will do so at its own cost and expenses. If the City incurs any expense as a result of "Owner" maintenance and /or the failure thereof of said maintenance, the "owner" shall fully reimburse the City for any expenses incurred due to nonperformance of the required maintenance. The duties and obligations under this Letter Agreement shall initially belong to said "Owner ". If another party becomes "Owner ", that party shall assume all such duties and obligations and the present "Owner" ( A to Z Self Storage. Ltd.) shall be released from any further responsibilities. The "Owner" will record this Letter Agreement within ninety (90) days its approval by the City. Very truly yours, A to Z Self Storage, Ltd., A California Limited Partnership. Mukund Thakar, General Partner. az \atoz.023. ACCEPTED AND AGREED TO: This day of , 19 CITY OF MOORPARK By: Attest: Its: WHEN RECORDED, RETURN TO CITY CLERK City of Moorpark 799, Moorpark Avenue Moorpark, CA 93021. A to Z Self Storage, Ltd., a California Limited Partnership, hereinafter called "Owner "), in connection with the development of DP -348, is required to landscape within CALTRANS property ( "Landscaped Area ") (( see attached)) located in Los Angles Avenue adjacent to the subject development. CALTRANS will permit "Owner" to do this only if the City of Moorpark agrees to maintain the Landscaped Area and in turn, the City requires the "Owner" to be responsible for such maintenance. The "Owner" hereby agrees to maintain the Landscape Area as per the approved landscape plans and will do so at its own cost and expense. If the City incurs any expenses as a result of "Owner" maintenance and /or the failure thereof o.f said maintenance, the "Owner" shall reimburse the City for any expense incurred due to nonperformance of the required maintenance. The duties and obligations under this Letter Agreement shall initially belong to said "Owner ". If another party becomes "Owner ", that party shall assume all such duties and obligations and the present "Owner" ( A to Z SElf Storage Ltd.) shall be released from any further responsibilities. The "Owner" will record this Letter Agreement within ninety (90) days after its approval by the City. A TO Z SELF STORAGE, LTD. A California Limited Partnership. Mukund Thakar, General Partner. ACCEPTED AND AGREED TO: This day of , 19 CITY OF MOORPARK By: Its : APPROVED AS TO FORM: CITY ATTORNEY Attest : :..:�T; - � IRRI�ATiG�!1 LE61�Pfl' '' t'. 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This; egateMstt L maximum 1'1Ff*rra4 HM VrI Y LZOIXT04 BNOINViNa November 29, 1988 Department of Transportation 120 South Spring Street, Room 110 Los Angeles, CA 90012 Attention: Tony Colella, Associate District Permit Engineer Subject: DP -348 - A to Z Self Storage, Ltd. - Los Angeles Avenue west of Shasta Avenue and east of Goldman Avenue, Moorpark - ENCROACHMENT PERMIT Dear Mr. Colella: The City has reviewed and approved the plans for the installation of improvements consisting of landscaping and irrigation systems, tree walls, meandering sidewalk and street improvements which A to Z Self Storage, Ltd. is proposed to install in the State highway right -of -way on Los Angeles Avenue in the City of Moorpark. The City will be responsible for the maintenance and liability for any landscaping and irrigation systems, tree wells, meandering sidewalk and street improvements which are places under this project in the public right -of -way and agrees that this construction meets all City requirements and will not prejudice the City's accepting this portion of the highway when it is offered for relinquishment. Sincerely, Steven Kueny City Manager CC: R. Dennis Delzeit, City Engineer Patrick J. Richards, Director of Community Development DP348A /CHRONI PJR:MAR:DT:JS:CM:cr:L