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Home My WebLink AboutAGENDA REPORT 1990 0307 CC REG ITEM 08C • MOORPARK ITEM • PAUL W. LAWRASON,Jr. 1ysMMr STEVEN KUENY Mayor /1City Manager SCOTT MONTGOMERY J.KANE Mayor Pro Tern pa City Attorney ELOISE BROWN OOPPARK. CAUFOR�'; e City Couna Meet) A \�` PATRICK RICHARDS,ctoroA.I.C.P. Councllmembor V� 1`, Director o! CLINT HARPER, Ph.D. of 3/7 1990 , Community Development Coundlmember • S.R. DENNIS DELZEIT BERNARDO M. PEREZ ACTION: 4,0167,e617 City Engineer Coundimember JOHN V.GILLESPIE lice LILLIAN KELLERMAN Chief City Clerk �y y� RICHARDD T.PT.HARE a* CJ - City Treasurer i7� /JnmMQRANDUM To: The Honorable City Council From: John F. Knipe, Assistant City Enginee Date: February 28, 1990 Subject: PD-1065 (VELAZQUEZ) - AGREEMENT TO DEFER CONSTRUCTION OF IMPROVEMENTS AND SURETY REDUCTION NACKGROUND INFORMATION PD-1065 is located in the City of Moorpark south of Los Angeles Avenue and west of Park Lane. A location map is enclosed of your reference. On February 15, 1989 the Moorpark City Council approved the Agreement to Construct Improvements and accepted the right-of-way for PD-1065. Prior to approving the Agreement. to Construct Improvements, the City Council had accepted the concept of deferring the street improvements to Unidos Avenue due to drainage concerns. A copy of the City Council memorandum, dated November 9, 1988 is included for your reference. An Agreement to Defer Construction of Improvements, signed by the developer, is included with this memorandum for consideration by the City Council. Since the majority of the improvements for PD-1065 are complete at this time, the developer has requested a reduction in his surety. The surety (Letter of Credit No. 8031183 in the amount of $80, 000 issued by City National Bank) was supplied by the developer to ensure construction . of street, storm drain and grading improvements. It is recommended that this Letter of Credit be reduced at this time to $35, 000. 799 Moorpark Avenue Moorpark. California 93021 (8051 529-6864 Page 2 The remaining $35,000 surety is required for: 1. Future construction of Unidos Avenue ($20, 000) . 2. completion of landscaping improvements ($5, 000) . 3 . Retention of 10% (or $10, 000, whichever is greater) of the original surety until all improvements are accepted . and all guarantee periods are completed ($10, 000) . Z ECOMMENDATIQNO 1. Authorize the Mayor to sign the Agreement to Defer Construction of Improvements and direct the city Clerk to retain the original agreement and return an executed copy to the developer and surety company. ‘ 2. Authorize the City Clerk to reduce Letter of Credit No. 71r/ ' S031183, issued by City National Bank, to an amount of I. !4' S35,000. 6e." 3 . Accept the grading within PD-1065, with a one year guarantee period ending March 7, 1991, copy: Steve Kueny, City Manager Patrick Richards, Director of Community Development Colin Velazquez, Owner fir}. JPK:CL:is (Vie A P' p`• 01069/3004pS 01070/3003 `mot` 09.1 P,\,> FM0207.COU to 21 PM 35 I`I i = P OMAR I I _ v S i THiR 4s, !�5 2-4-PM 35 r - 42 P4 20 CL ;38 pm 58 a 35 P 20 �; U N 40 P 04 L . _RE5? 37 PM 70 v . c HWY. us t 1 L LJ 20 PM s 4D I N ao a 28 PMS 59 m IL 43 PM 61 PD 1065 STIG PCL. 8 0. LOCATION MAP 1'f AGREEMENT TO DEFER CONSTRUCTION + OF IMPROVEMENTS This agreement is entered into by and between �g�.�n Velazquez _ _ , whose address is See Below referred to as Developer, and the City of Moorpark, hereinafter referred to as City. WHEREAS, there now exists a binding A reement For The Construction of Improvements for PD-1065 dated ;-he Ig 5 , aod WHEREAS, Developer desires to defer comppletion until the st> eet im rovements to L'nidoe Ave. ;lest of FD--1065 are constructed as described in Plans and Specifications under City of Moorpark Drawing No(s). 88-kj-10330 , and WHEREAS, Developer has applied for final approval and acceptance by the City of the remaining portion of the subdivision improvements for PD -1065 NOW, THEREFORE, Developer and City hereby agree as follows: 1. Developer shall perform, construct and complete, at Developer's own expense, all that work a d all those improvements reeqquired to Improve they Northern half of Unidos .A-e. Improvements along FD -1065 for ---------- in accordance with the Flans and Specifications under City of Moorpark Drawing No(s) , 88-ML-10230 for street and storm drain improvements and Plans and Specifications under County Drawing No.(s) NIA _ for water and sewer- improvements. 2. Developer shall perform and complete said work and Improvements on or before _ . r 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 Twenty Thousand Dollars (S 20,000.00). 4. Developer hereby offers said improvements to City for . public use. _ hAAA Tnnanva C'anVr'1n 71 vA _ [nnnva park_ rA_ q1 In4 "�/�/��j Or W1��71/ STA�f 5 . Developer shall per said work and construct said improvements in a good and workmanlike manner under the work supervision and of and to the shall satisfaction deemed City. complete work and p 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 d hereof. b . 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 t h them completion Q specified in - acceptancehi� Agreement prior f said improvements . 8 . Until the completion and acceptance of such precautions described herein, Develop as may be necessary to protect the public from any danger caused by the have construction such control of ,the wimp rov 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— �nse ® tion of lsaid for permits a p "required by City . 9 . Concurrently with the execution of this Agreements Developer shall file with City a good. and sufficient security in accordance with Section 8280 of the City Of- Moorpark Subdivision Ordinance to guarantee the faithful performance of the terms and conditions and guarantees contained herein . Should the amount of security become insufficient in the opinion of Cityp 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 Agreements Developer shall file with City ' a good and sufficient labor and materials security in accordance with Section 8280 of the City of moorpark Subdivision Ordinance to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to 'Chem for the Improvement. Should the amount of security become insufficient in the opinion of the City Developer agrees to renew said ec ritys wwith good and sufficient sureties within 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 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 taxes as costs and included in any judgement rendered . � / "4z , G' Dated: i 1�'"' 11 --- - BY Dated: - By Title — "DEVELOPER" CITY OF MOORPARK Dated: By "CITY" ATTEST: AOORPAR� ITP JOHN PATRICK LANE Mayor v City Manager ELOISE BROWN , ,O CHERYL J. KANE. Mayor Pro Tern �J City Attorney JOHN GALLOWAY PATRICK D CHAoRpS, A.I.C.P. - Councilmember CLINT HARPER, Ph.D. Community Development Councilmember b� R. DENNIS DELZEIT BERNARDO M. PEREZ ` City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk THOMAS P, GENOVESE City Treasurer MEMORANDUM TO: The Honorable City Council FROM: R. Dennis Delzeit, City Engineerv � DATE: November 9, 1988 SUWECT: PD-1065 (Velazquez) Street Improvement Deferment BACKGROUND INFORMATION PD-1065 is located in the City of Moorpark south of Las Angeles Avenue and west of Park Lane. . A location map is enclosed for your reference. . On December 16, 1987, the Moorpark City Council approved the subject application. City Engineer Condition No. 1C required that the street south of the property (Unidos Avenue) be constructed along the entire frontage of the property. The developer's engineer has designed Unidbs Avenue as required, with street elevations at centerline matching the street improvements for Tract 4147 (Villa Campesina) and designed according to the City's Standard Plate B-3C. As shown on the attached Exhibit "A", these proposed street improvements are flanked by undeveloped land to both the east and west. The proposed direction of storm water flow in the street is from west to east. Based on the proposed design, when the storm water reaches the west property line it is contained with no release points. This containment is due to the property to the west of the applicant being approximately two feet higher than the proposed road elevations. Because of the shallow slopes in the area, there are no practical methods for relieving this situation. The most practical way to ensure that adequate drainage is available in this area is to postpone the street improvements, with the drainage from PD--1065 adjusted for 749 AAnnrn!3rL- Duon..n AA......-...vL hefC.._..:., hhnnl /O nG1 Lrin CQCA Page ,2- the present so that it flows directly onto Unidos Avenue at centerline. The developer has agreed to keep his bond in place until the street improvements are constructed. The City Engineer's office has agreed that this is the most practical solution. Unless the City Engineer's decision is overturned, the street improvements along Unidos Avenue will be postponed. At a later date, an agreement to defer construction of improvements and a resolution amending the condition requiring these street improvements will be brought back to the City Council. RECOMMENDED ACTION Receive and file this report. JFK:CZ,: is Encl . cc: Steve Kueny, City Manager John F. Knipe, Assistant City Engineer Collin Velazquez, Owner JN 30573 JN 30179 CM0979.COU �. ob � � •�1..`_ I__� �I _i llI w — Ira I _ - I 4v �.. ti. ' 2t-PM 35 42 PI 20 7 � LEH a 3t3 NM 5H 1• 35 P+ 2rJ — 'n Q a. to ' ~ _REST <r 2 37 Ld 1 Nwv. NA 1 �1 tJ 2n Pia 5 �: CL 20 rta 5n i • ar. k z a 3 PM 6I r5. PD 1066 TI Q� PCL. B N LOCATION MAP r' 0 Z d COW O Lli > Li 145 50.E �: ny � I /G X.f. � tr v� a, PV �J D A Z Q E `v E14T AREA tecr DRAINAGE U N U U n �9 4�� 4 I b% — —ik sCX.GCC _ I Rl (-,j Ld A CT No. 4 14 7 VIL LA CAMPE,,1TdA 1 ? f DrT1T�AI.- EXHIBIT A Z Q C) rl 0 W w 0 y J