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Home My WebLink AboutAGENDA REPORT 1985 0102 CC REG ITEM 11B 4OORPARK LETA YANCY-SUTTON STEVEN KUENY Mayoru1` City Manager ALBERT PRIETO / '� CHERYL J. KANE Mayor Pro Tem �� City Attorney ROGER BEAULIEU RITA NIALL FRITZ Counciimember :��i� Director of CLINTON D. HARPER �� , � Community Councilmember Development JERRY STRAUGHAN "*41,f. R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V.GILLESPIE City Clerk Chief of Police JOHN C.GEDNEY City Treasurer TO: The Hororable City Council FROM: Niall Fritz Director of Community Development DATE : January 2 , 1984 SUBJECT: DEFERED CONSTRUCTION AGREEMENT FOR DP-289 (Moorpark Stow-It) PROPOSED ACTION Authorize the Mayor to sign the attached agreement . BACKGROUND INFORMATION Moorpark Stow-It is an approved industrial project for a self- storage facility. Conditions of approval require that the developer in addition to widing Poindexter Avenue, relocate a utility pole and construct a portion of a cul-de-sac at the southeast corner of the property. With the completion of Phase I of the three phase project , Poindexter Avenue was widened. However, it is pu:posed to defer the relocation of the utility pole until other properties in the area develop and a larger section of Poindexter Avenue_ is widen. Until the properties to the south of the site develop, it is not practical to construct a portion of the future cul-de-sac . The estimated cost of these improvements is $18 , 150 and the applicant has submitted a cash deposit. Once the defered construction agreement is entered into, the cash deposit will be returned and substituted with a letter of credit. RECOMMENDED ACTION Authorize the Mayor to sign the attached agreement . ATTACHMENTS: 799 Moorpark Avenue Moorpark-, California 93021_ .... (805)529-6864 M-4125 AGREEMENT TO DEFER CONSTRUCTION OF SUBDIVISION IMPROVEMENTS This agreement is entered into by and between Moorpark Stow-It Properties, Ltd., whose address is 8501 Wilshire Blvd., Suite 345, Beverly Hills, California 90211, hereinafter referred to as Developer, and the City of Moorpark, hereinafter referred to as City. WHEREAS , there now exists a binding Agreement For The Construction Of Subdivision Improvements for DP 289 dated June 9. 19A3 , and WHEREAS , Developer desires. to defer completion until after adjacent development occurs, portions of the work described in Plans and Specifications under County Drawing No. 57570, and WHEREAS, Developer has applied for final approval and acceptance by the City of the remaining portion of the subdivision improvements for DP 289. NOW, THEREFORE, Developer and City hereby agree as follows: 1 . Developer shall perform , construct and complete, at Developer ' s own expense, all that work and all those improvements required to improve the portion of the cul-de- sac on Westside Ave. within the development and relocate the utility pole on Poindexter for DP 289 in accordance with the Plans and Specifications under County Drawing No. 57570. 2 . Developer shall perform and complete said work and improve- ments on or before April 2, 1986 or within 180 days from the the date of notice by the City of the approval of a Develop- ment Plan Permit, or the recordation of a subdivision map, for any property located between the project site and the site of DP-305, whichever occurs first, unless otherwise extended by the City. 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 securities filed with City pursuant to Paragraphs 10 and 11 hereof. 3 . The estimated cost of the performance of this agreement is the sum of eighteen thousand one hundred fifty dollars ( $18, 150. 00 ) . 4 . Developer hereby offers said improvements to City for public use. 5 . Developer shall perform said work and construct said improvements in a good and workmanlike manner under the supervision of and to the satisfaction of City. Said work I of 3 8/9/83 M-125 t and improvements shall not be deemed complete until approved and accepted as completed by City. Said acceptance shall constitute acceptance of the offer of said improvements for public use contained in Paragraph 4 hereof. 6. 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. 7. 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. 8. 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 the streets in which they are to be placed as is necessary 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. 9. Concurrently with the execution of this Agreement, Developer shall file with City a good and sufficient security in accordance with Section 8280 of the Ventura County Subdivision Ordinance to guarantee the faithful performance of the terms and conditions and guarantees contained herein. Should the amount or type of security become insufficient in the opinion of City, Developer shall renew said security with good and sufficient sureties within ten (10) days after receiving demand from City therefor. 10. 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 the Ventura County 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 or type of security become insufficient in the opinion of the City, Developer agrees to renew said security with good and sufficient sureties within ten (10 ) days after receiving demand from City therefor. 11. Developer agrees to make payments for soils engineering in roads for this project pursuant to Section 3 shown on Plates A-3 and A-3a of the County of Ventura Road Standards. 12. 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 Advisory Agency. Developer further warrants that said plans and 2 of 3 8/9/83 Revised r . M-125 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 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. 13. 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. 14. This Agreement shall bind the heirs, executors, administra- tors successors, and assigns of Developer. Dated: By Title ..44.16e" Dated: December 27, 1984 By Title General Partner "DEVELOPER" CITY OF MOORPARK Dated: By "CITY" ATTEST: 3 of 3 0 /n In.,