HomeMy WebLinkAboutAGENDA REPORT 1994 0615 CC REG ITEM 08P _ � P.
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CT.AGENDA REPORT w. �- - -
CITY OF MOORPARK
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TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community Development Km t-t\ yA
Kathleen Mallory, Associate Planner K n 1
DATE: June 9, 1994 (CC meeting of June 15, 1994)
SUBJECT: CONSIDER AN AGREEMENT WITH BOLLINGER DEVELOPMENT
CORPORATION FOR THE NOTICE OF PREPARATION FOR THE DRAFT
ENVIRONMENTAL IMPACT REPORT AND RELATED ACTIVITIES FOR
THE BOLLINGER DEVELOPMENT CORPORATION PROJECT,
GPA 94-1, ZC 94-1, TRACT 4928, PARCEL MAP 94-1, CUP 94-1, AND
RPD 94-1
BACKGROUND
On April 25, 1994, Bollinger Development Corporation submitted a request for
entitlements for the construction of 216 residential lots, two golf courses, and an
equestrian staging area. The application was determined to be incomplete on May 18,
1994. However, on May 31, 1994, the applicant submitted the items noted in the May 18,
1994 incompleteness letter. Upon receipt of agency review comments, expected on June
22, 1994, staff is anticipating that the entitlement application will be deemed complete
and therefore, ready for entitlement processing.
DISCUSSION
On the Council's agenda of June 15, 1994, is a Contract for Service with the Planning
Corporation, the City staff selected Environmental Consultant for this project. It has been
the City's practice to require an Agreement, see Exhibit 1, with an applicant when the City
will be hiring the Environmental Consultant.
Bollinger has already submitted the required consultant fees ($5,000.00) and staff's fifteen
percent (15%) administrative cost for contract management.
The attached Agreement is an Agreement for the preparation of a Notice of Preparation
for the Draft Environmental Impact Report and related activities (seen in Exhibit A, of
Exhibit 1). Prior to initiation of a contract for service with the City selected environmental
consultant for the preparation of the draft and final Environmental Impact Report, an
additional Agreement between the City and Bollinger will be prepared and presented to
the City Council.
KMP-06-09-94(2:OOpm)A:\BOLLAGRS.RPT
The Honorable City Council
June 9, 1994
Page 2
RECOMMENDATION
Authorize the Mayor to sign the Agreement with Bollinger Development Corporation.
Exhibit:
1. Agreement between the City of Moorpark and Bollinger Development Corporation
KMP-06-09-94(2:00pm)A 1BOLLAGRS.RPT
AGREEMENT FOR PREPARATION OF A NOTICE OF
PREPARATION FOR THE DRAFT ENVIRONMENTAL IMPACT
REPORT AND RELATED ACTIVITIES FOR THE
BOLLINGER DEVELOPMENT CORPORATION
THIS AGREEMENT, made and entered into this _ day of ,
1994, by and between the CITY OF MOORPARK, a municipal corporation
located in the County of Ventura, State of California ("City") and
BOLLINGER DEVELOPMENT CORPORATION, a California Corporation,
hereafter referred to as "BOLLINGER. "
WITNESSETH
WHEREAS, Bollinger is the lessee and duly has the right to
file an entitlement application for land owned by the Receiver,
Richard Weissman, Westoaks #27 (5959 Topanga Canyon Blvd. , #225,
Woodland Hills, CA 91362) , herein after referred to as "WESTOAKS",
and a small parcel of land owned by the Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter Day
Saints, a Utah Corporation (60 East Temple Street, Suite 780, Salt
Lake City, Utah 84111-1004) , herein after referred to as "CPB",
both located in the County of Ventura, within the City of Moorpark,
and the Assessor's Parcel Numbers, ownership, and estimated acreage
for these properties, as follows, excluding existing street right
of way and recorded tract maps:
Assessor's Parcel Number Owner Acreage
500-240-075 CPB 40. 13
500-230-065 CPB 22. 01
500-230-125 CPB 197. 34
500-230-015 WESTOAKS 80. 30
500-230-135 WATERWORKS 0.24
500-230-095 WATERWORKS 0.23
500-230-115 WATERWORKS 0. 87
500-230-075 WATERWORKS 0. 23
500-260-015 WESTOAKS 40. 16
500-250-115 WESTOAKS 47.20
500-220-075 WESTOAKS 80.45
500-430-015 WESTOAKS 5. 37
500-430-025 WESTOAKS 5. 31
500-430-035 WESTOAKS 5.00
500-430-045 WESTOAKS 5.00
500-430-055 WESTOAKS 5.00
500-430-065 WESTOAKS 5. 00
500-430-075 WESTOAKS 5. 00
500-430-085 WESTOAKS 5.00
500-430-095 WESTOAKS 5.00
500-440-015 WESTOAKS 5.00
500-440-025 WESTOAKS 5.00
500-440-035 WESTOAKS 5. 00
500-440-045 WESTOAKS 5. 02
500-440-055 WESTOAKS 5. 05
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500-440-065 WESTOAKS 5. 05
500-440-075 WESTOAKS 5. 02
500-440-085 WESTOAKS 5. 09
500-440-095 WESTOAKS 5. 02
500-440-105 WESTOAKS 5.01
500-440-115 WESTOAKS 5. 18
500-440-125 WESTOAKS 5.29
500-440-135 WESTOAKS 5. 12
500-440-145 WESTOAKS 5.07
500-440-155 WESTOAKS 5.13
500-440-165 WESTOAKS 5.02
500-440-175 WESTOAKS 5.44
500-440-185 WESTOAKS 5.03
WHEREAS, in August 4, 1993, the City Council approved the
submittal of a General Plan Amendment application for the BOLLINGER
development project; and
WHEREAS, on April 25, 1994 , BOLLINGER submitted its formal
application to the City for a General Plan Amendment, Zone Change,
Tract Map, Parcel Map, Residential Planned Development, and
Conditional Use Permit; and
WHEREAS, upon execution of this Agreement by City and
BOLLINGER, City intends to enter into a Contract with the Planning
Corporation, in the amount of $5, 000. 00, a copy of which is
attached hereto and incorporated herein as Exhibit "1", whereby the
Planning Corporation shall be retained by the City to prepare the
Notice of Preparation and perform related services for the
Bollinger Development project; and
WHEREAS, upon execution of this Agreement by BOLLINGER and
City, BOLLINGER shall be responsible for payment of all costs
associated with the Planning Corporation Contract as well as costs
for City administration of the Planning Corporation Contract and
all other City costs related to preparation, review, and processing
of preparation material, including but not limited to City staff,
City Attorney, and City Engineer services.
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
I. COSTS OF THE PLANNING CORPORATION CONTRACT AND STAFF
ADMINISTRATION OF THE CONTRACT
BOLLINGER shall pay to City one hundred percent (100%) of the
costs for the environmental consultant to prepare the Notice
of Preparation for the draft Environmental Impact Report and
related activities.
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BOLLINGER shall also pay to City one hundred percent (100%) of
any City costs related to administering, preparing, reviewing,
and processing the Notice of Preparation and related
activities for the draft Environmental Impact Report and any
other entitlements requested by BOLLINGER for the project.
II. FEES ALREADY PAID
BOLLINGER has paid the City the amount of $749.85 to
administer, prepare, and review, the Notice of Preparation;
BOLLINGER also agrees to pay 15% of the total cost for the
completion of the Notice of Preparation and related
activities.
BOLLINGER has also paid the City the deposit amount of
$4,999. 00 for costs expected to be incurred by the City for
the hiring of the Environmental Consultant to prepare the
Notice of Preparation and related documents as noted within
Exhibit "1. "
III. FISCAL IMPACT ANALYSIS
BOLLINGER shall agree to pay for one hundred percent (100%) of
the City's costs related to the hiring of the Fiscal Impact
Analysis consultant to review financial impacts of the
BOLLINGER development project and a 15% administrative cost to
administer the contract; BOLLINGER also agrees to pay for one
hundred percent (100%) of any City costs related to
administering, preparing, and reviewing the Fiscal Impact
Analysis report to be prepared by the City selected
consultant.
Upon a determination of the actual amount, BOLLINGER shall
enter into a separate Agreement with City in order for the
City to hire the Fiscal Impact Analysis consultant and to pay
for the City' s administrative.
IV. TERMINATION
This Agreement may be terminated by BOLLINGER at any time and
for any reason upon giving the City notice of termination of
this Agreement, and City shall, within ten (10) working days
of receipt of said notice from BOLLINGER, exercise its right
to terminate the Planning Corporation Contract pursuant to
Article III of the Planning Corporation's Contract.
This Agreement may be terminated or suspended, with or without
cause, by City at any time with no less than ten (10) working
days written notice of such termination or suspension. In the
event of such termination by either party or suspension of
work, BOLLINGER shall compensate City for any costs incurred
KMP-6-7-94/9:OOam C:1WP51\BOLL3-PRT.AGR 3
by the Planning Corporation, City staff, and City contract
employees and consultants, which may have exceeded the initial
deposit amount.
V. COPIES OF WORK PRODUCT
BOLLINGER shall have a right to receive from the City, at its
sole discretion and cost, copies of all completed Planning
Corporation work products as identified in Exhibit "1" , with
the exception of draft staff reports. One copy of all final
approved staff reports will be provided to BOLLINGER following
distribution to the appropriate decision-making body for a
scheduled public meeting, workshop, or hearing.
VI. RESERVATION OF RIGHTS
In no event or circumstance, shall this Agreement be deemed to
limit or otherwise be deemed a waiver of any right,
obligation, claim, cause of action, or defense that either
party may have under any applicable California or federal law.
VII. GOVERNING LAW
This Agreement shall be governed by, and construed in
accordance with the laws of the State of California.
VIII.ADDITIONAL DOCUMENTS
Each party hereto agrees to execute any and all documents and
writings which may be necessary or expedient to, and to do
such further acts for, the purposes hereof.
IX. SUCCESSORS. ASSIGNS
This Agreement shall be binding upon and inure to the benefit
of all heirs, successors, and assigns.
X. TERM OF AGREEMENT
The term of this Agreement shall be the time period required
to complete all of the work tasks identified in Exhibit "1" or
six months, whichever is less, unless this Agreement is
terminated pursuant to Article IV herein.
XI. MISCELLANEOUS PROVISIONS
A. BOLLINGER, including any affiliated company, partnership,
or corporation, agrees not to hire the Planning
Corporation, or any other subcontractors retained by the
Planning Corporation, or its affiliated companies,
partnerships or corporations, in fulfillment of the
Planning Corporation's Contract with the City to perform
any work during the term of this Agreement (see Article
X) , without the prior written consent of the City.
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B. BOLLINGER shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents and
independent contractors who serve in the role of City
Manager, Deputy City Manager, Director of Community
Development, City Engineer, or City Attorney from any
claim, demand, damage, liability, loss, costs, or
expense, for any damage whatsoever, including but not
limited to death or injury to any person and injury to
any property, resulting from misconduct, negligent acts,
errors or omissions of BOLLINGER or any of its officers,
employees or agents in the performance of this Agreement,
except such damage as is caused by the sole negligence of
the City. BOLLINGER shall also hold harmless, indemnify
and defend the City and its officers, employees, servants
and agents and independent contractors who serve in the
role of City Manager, Deputy City Manager, Director of
Community Development, City Engineer, or City Attorney
from any claim, demand, damage, liability, loss, costs,
or expense, for any damage whatsoever, including but not
limited to death or injury to any person and injury to
any property, resulting from misconduct, negligent acts,
errors or omissions of the Planning Corporation or any of
its officers, employees or agents in the performance of
this Agreement, except such damage as is caused by the
sole negligence of the City.
C. Any notice to be given pursuant to this Agreement shall
be in writing, and all such notices and any other
document to be delivered shall be delivered by personal
service or by deposit in the United States mail,
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Paul Bollinger
Bollinger Development Corporation
2820 Townsgate Road
Westlake Village, CA 91361-3000
Either party may, from time to time, by written notice to
the other, designate a different address or contact
person, which shall be substituted for the one above
specified. Notices, payments and other documents shall
be deemed delivered upon receipt by personal service or
as of the second (2nd) day after deposit in the United
States mail.
KMP-6-7-94/9:OOam CAWP51\BOLL3-PRT.AGR 5
D. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or BOLLINGER or by
any third person to create the relationship of principal
or agent, or of a partnership, or of a joint venture, or
of any other association of any kind or nature between
the City and BOLLINGER.
E. This Agreement constitutes the entire Agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
F. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it
to be prepared.
G. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
H. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right
or obligation pursuant to this Agreement or as a result
of any alleged breach of any provision of this Agreement,
the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award
thereof.
I. Cases involving a dispute between the City and BOLLINGER
may be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgment of the
arbitrator.
J. This Agreement is made, entered into, and executed in
Ventura County, California, and any action filed in any
court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or
covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
KMP-6.7-94/9:OOam CAWP51\BOLL3-PRT.AGR 6
K. The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and
identification only and shall not be deemed to limit or
define the content of the respective Articles and
Paragraphs hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed as of the day of , 1994.
CITY OF MOORPARK: BOLLINGER DEVELOPMENT CORPORATION
California Corporation
BY BY
Steven Kueny Paul Bollinger
City Manager President
ATTEST:
BY
Lillian E. Hare
City Clerk
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