HomeMy WebLinkAboutAGENDA REPORT 1991 0717 CC REG ITEM 11H . / /.
N .'. 4
^9 `/19 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864
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MEMORANDUM of 7 199
TO: THE HONORABLE CITY COUNCIL F.CTION:
FROM: DIRK LOVETT, ASSISTANT CITY ENGINEER
DATE: JULY 16 1991
SUBJECT: PM 3408, WICKS RD, IMPROVEMENT AND GRADING PLANS
HOLMES ENTERPRISES INC.
BACKGROUND
The subject parcel map has been in and out of plan check review
with both the County and City since approximately 1979, involving
various owners. It is a four (4) lot subdivision on Wicks Rd.
that involves grading of the lots and improvements to Wicks Rd.
The applicant has been issued grading permits for lot #4 and
Wicks Rd and has deposited a letter of credit in the amount of
$30, 000 with the City for all improvements.
A grading permit for lot #2 and an encroachment permit for Wicks
Rd. are now being requested so that construction may begin.
Because of the applicants eagerness to proceed and due to
circumstances discovered after the printing of the City Council
Agenda, this item has been forwarded to the Council to avoid any
possible future hardship on the applicant, at his request.
DISCUSSION
Upon research and communications with the City's previous City
Engineers (Willdan E. Assoc. ) it has been determined that all
plans and City requirements have been completed with the
exception of two issues:
1. An "Agreement to construct improvements" has been
submitted and signed by the applicant but has yet to be reviewed
and approved by the City. (2 originals have been attached ) .
2. The City has required that a slope easement on the lot #1
property frontage be dedicated to the City of Moorpark for
current and future street improvements. This easement has yet to
be recorded. (Exhibits A & B attached) .
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Mayor Pro Tern Counolrnember Councilmember Councilrnember
Page two
Wicks Rd, Holmes Enterprises
RECOMMENDATIONS
1. Review and execute the attached agreement, if approved
as-to-form by the City Attorney.
2. Authorize Staff to issue a grading permit for lot #2 and an
encroachement permit for Wicks Rd. with the condition that the
letter of credit not be released until the slope easement
dedication has been recorded on lot #1 and all other conditions
of development have been complied with.
4 ` ,
AGREEMENT TO
CONSTRUCT IMPROVEMENTS
THIS AGREEMENT is entered into by and between Holmes
Enterprises whose address is
2710 W. Kelly Road, Newbury Park, Ca. 91320
hereinafter referred to as "DEVELOPER" and the CITY OF MOORPARK,
CALIFORNIA, hereinafter referred to as "CITY": --
WHEREAS, Developer has applied for P.M. 3408 Extension ; and
WHEREAS, P.M. No. 3408 was granted to
the Original Developer by the County of Ventura on January 14,
1980; and •
WHEREAS, as a condition to granting building permits of said
P.M. 3408 Extension , Developer is required to construct
certain improvements; and
WHEREAS, Developer and City desire to enter into an agreement
which contains the detailed obligations of said condition;
NOW, THEREFORE, in consideration for the granting of the
approval of said P. M. Extension by City, Developer agrees
as follows:
1. Developer shall perform, construct and complete, at
Developer's own expense, all that work and all those
improvements as described in the plans and specifications
under City of Moorpark Drawing (No(s). 88-ML-10361 for
street and storm drain improvements, and specifications
under Ventura County Drawing No(s) 61358, 61359 & 61360
for sewer and water improvements, on file in the office of
the City Engineer and the Ventura County Public Works
Director, respectively. Said plans and specifications are
incorporated into and made a part of this Contract.
2. Developer shall submit said improvement plans and shall
perform and complete said work and improvements on or before
July 30, 1991 . 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 bonds filed with
City pursuant to Paragraphs 13 and 14 hereof.
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3. The estimated cost of the performance of this Agreement is
the sum of Thirty Thousand and no/100 DOLLARS
($ 30,000.00 ).
4. Developer shall perform said work and construct said
improvements in a good and workmanlike manner under the
supervision and to the satisfaction of City. Said work and
improvements shall not be deemed complete until approved and
accepted as complete by City.
5. A Soils Engineer acceptable to the City Engineer shall be
employed and paid by the Developer.
6. Soils Engineer shall perform materials testing, construction
control testing, interpretation of test results and pavement
design work on street 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.
7. 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.
8. 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.
9. 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.
10. 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.
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c
11. City, its officers and employees. shall not be liable for any
injury or damage to persons or property arising out of said
construction or the acts or omissions of Developer, his agents or
employees in the performance of said work. Developer shall protect
and hold City, its officers and employees, harmless from any and
all claims, demands, causes of action, liability or loss of any
sort because of, or arising out of, the acts or omissions of
Developer, his agents or employees in the performance of this
Agreement.
12. 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 dane Brous condition caused by the
construction of said improvements. Developer shall have such
control of the ground reserved for the installation of such
improvements and 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.
13. Concurrently with the execution of this Agreement, Developer shall
file with City a good and sufficient security in accordance with
Section 8280 of City of Moorpark Subdivision Ordinance, to
guarantee the faithful performance of the terms and conditions and
guarantees contained herein. Should the amount of said security
become insufficient in the opinion of the City, Developer shall
renew said bond with good and sufficient sureties, within ten (10)
days after receiving demand from City therefor.
14. 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 City of Moorpark 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 of said security
become insufficient in the opinion of the City, Developer agrees to
renew said bond with good and sufficient sureties within ten (10)
days after receiving demand from City therefor.
15. 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 Planning Commission.
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
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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 gooe -orkmanlike manner and in accordance
with accepted construction practices.
16. S;.ould suit be filed to enforce this Agreement, Developer agrees to
• pay CY y any costs anc reasonable expenses and fees, including
reasonable attorney's fees, incurrec by City in successfully
enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Holmes Enterprises, Inc .
"'`'` (Type or Print Name of Developer)
/I �a ByDan Holmes •—7" '
Dated: I
Title President
Dated: And By
(Notarial Certificate Attached) Title
DEVELOPER
CITY OF MOORPARK
Dated: By
Mayor
ATTEST: •
City Clerk
(SEAL)
•
CITY
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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. .orkmanlike manner and in accordance
with accepted construction practices.
16. Should suit be filed to enforce this Agreement, Developer agrees to
pay C`ty any costs anc reasonable expenses and fees, including
reasonable attorney' s fees, incurred by City in successfully
enforcinc such obligation, all to be taxed as costs and included in
any judgment rendered.
Holmes Enterprises , Inc .
CAT. NO. NN00737
TO 1945 CA(8-84) edie
1 (Corporation) J TICOR TITLE INSURANCE .
ISTATE OF CALIFQRf"1I ���J 1d.
COUNTY 0 V55.On .// cr /9;70 I before e, the un erstgned, a Notary Public in and for
tsaid State, perso ly appeared /J�.y- n ersigde J
personally known to me or proved to me on the�asis
a
of satisfactory evidence to be the person who executed
II the within instrument as the
Z resident, d
s personally known to me or
OFFICIAL SEAL
4 proved to me on the basis of satisfactory evidence to be ' no.• LINDA L SANDERSON
a the person who executed the within instrument as the .. • NOTARY PUBLIC N CALIFORNIA
i Secretary of the Corporation t:-'m`' PRINCIPAL OFFICE IN
that executed the within instrument and acknowledged •. r'»\jar VENTURA COUNTY
to me that such corporation executed the within instru- • My Commission Exp. April 25. 1994
1 ment pursuant to its by-laws or a resolution of its .
1 board of directors.
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
ATTEST: ,
City Clerk
• (SEAL)
• CITY
MOORPARK
BERNARDO M. PEREZ <• STEVEN KUENY
Mayor oP =q City Manager
SCOTT MONTGOMERY F CHERYL J. KANE
Mayor Pro Tem /"4f. �// .r City Attorney
ELOISE BROWN i ' ' - PATRICK RICHARDS,A.I.C.P.
Councilmember o 2 Director of
CLINT HARPER, Ph.D. � ' Community Development
Councilmember R. DENNIS DELZEIT
City Engineer
PAUL W. LAWRASON,Jr.
Councilmember JOHN V.GILLESPIE
•
LILLIAN KELLERMAN Chiet of Police
City Clerk RICHARD T. HARE
City Treasurer
June 22, 1990
Mr. Dan Holmes
2710 W. Kelly Road
Newbury Park, CA 91320
Subject: PM 3408 on Wicks Road •
Dear Dan:
Per our recent discussion, I have reviewed the attached street improvement and
grading plans for the subject project and find the comments made by Chris Lynch
to be substantially correct. Please revise the plans per the comments marked in
red and submit two sets of bluelines of the revised plans along with this check
print. A summary of the items that are still outstanding on this project are as
follows:
1. The slope easements along Wicks Road shall include the area required for
a future 2:1 slope from the existing right-of-way to the toe of the future
slope.
2. The crest vertical curve must be designed for a 30 mph design speed per
County Plates B-4A and D-1. Finish surface elevations must be calculated
from an equation.
3. An agreement to construct improvements must be completed and returned to
this office prior to final plan approval . This form was forwarded to you
on April 9, 1990 for execution.
4. As stated previously, the original soils report must be updated to
indicate that it is still valid. Please provide this documentation.
5. All comments from our April 9 and May 1, 1990 letters are also still
pertinent.
RECEIVED
CITJUN 2 5 90 p1I
U OF MCORPARK �A
799 Moorpark Avenue Moorpark, California 93021 /05) 529-6864
Page -2-
Please call me at 653-6597 if you have any questions regarding this project.
Very truly yours,
?CITY OF MOORPARKRP
at '/ 4'
Patrick Dobbins
Assistant City Engineer
Enclosure
copy: Steve Kueny, City Manger
John F. Knipe, City Engineer
Patrick Richards, Director of Community Development
PMD:jw
01060/3005
GM0124.Ltr
•
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 1, PARCEL MAP NO. 3408 , IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN
BOOK 32, PAGES 98 AND 99 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER,OF SAID COUNTY WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES: /
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 ; THENCE
1ST: S. 0° 02 ' 00" E. 145. 00 FEET; THENCE
2ND: N. 43° 00 ' 00" E. 204 .80 FEET TO THE EASTERLY LINE
OF PARCEL 1; THENCE
3RD: N. 12° 58 ' 57" W. 51 . 00 FEET TO THE NORTHEASTERLY
CORNER OF SAID PARCEL 1, SAID NORTHWESTERLY CORNER
BEING A POINT ON A CURVE IN THE SOUTHERLY LINE OF
WICKS ROAD, A PUBLIC STREET, 60 . 00 FEET WIDE, AS SAID
STREET IS SHOWN ON SAID MAP, SAID CURVE BEING CONCAVE
TO THE SOUTHEAST AND HAVING A RADIUS OF 770 . 00 FEET,
A RADIAL LINE OF SAID CURVE TO SAID POINT HAVING A
BEARING OF N. 20° 25 ' 06"W; THENCE
4TH: ALONG SAID CURVE AND SOUTHERLY LINE THROUGH A CENTRAL
ANGLE OF 4° 50 ' 54" AN ARC LENGTH OF 65. 16 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE AND TANGENT TO SAID
CURVE
5TH: S. 64° 44 ' 00" W. 74 . 39 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF THE ABOVE DESCRIBED PARCEL
OF LAND SHOWN ON SAID MAP AS "SLOPE EASEMENT TO THE COUNTY OF
VENTURA. "
THE AREA OF THE ABOVE PARCEL OF LAND IS 14 , 118 SQUARE FEET MORE
OR LESS.
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PREPARED BY:
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DANN . HOLMES, R.C. E. 24769 DATE GNB
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0 = Slope Easement - City of Moorpark
per P .M. No. 3408 - shown as .
"Slope Easement to Co . of Ventura"
® = Storm Drainage Easement as
I shown on P .M. No . 3408
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