HomeMy WebLinkAboutAGENDA REPORT 1990 0801 CC REG ITEM 08FBERNARDO M. PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
MOORPARK ITEM
M E M O R A D U_ M
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
RICHARD T. HARE
City Treasurer
The Honorable City Council
Patrick J. Richards, Director of Community Development
July 27, 1990 (cc meeting 8/1/90)
SUBJECT: Agreement With West America Corporation and Culiver-
Hayden Investors to Provide Landscaping And Sidewalk in
Public Right -of -Way
Background
As a condition of development, the industrial projects constructed
along the north side of Los Angeles Avenue from Gabbert Road to
Maureen Lane are requested to install landscaping and sidewalks
within the public right -of -way. The reason it has taken so long
to install these improvements has been CALTRANS' demand that only
a full eight feet of sidewalk be provided. Since the right -of -way
is only eight (8) feet wide, this entire area would have been
concrete. The south side of Los Angeles Avenue, in this area, is
developed in that form. CALTRANS has since changed it's position
and now allows certain types of landscaping and a minimum five (5)
feet wide sidewalk; so long as they are certain of future
maintenance via an agreement with the City.
On June 6, 1990 Mr. Mike Martello, an attorney representing West
America Corp., speaking under public comments, noted a concern his
client was having with a City agreement that obligated his client
in the future to maintain, even though the property had been sold.
The City Manager suggested the idea of putting the subject area
into the City's maintenance Assessment District, AD 84 -2 with a
possible zone of benefit for this area. Staff was directed to
pursue this idea and return fir) the Council with a possible
agreement.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
July 20, 1990 (cc meeting 7/25/90`
Page 2
Discussion
After reviewing the matter, Staff has prepared agreements with each
property owner for Council's consideration. The purpose of these
agreements are to formalize a process by which West America and
Culiver- Hayden Investors will be able to sell their property
without the need to be tied to a maintenance responsibility in the
public right -of -way. The City will be responsible for placement
of this area into an Assessment District sometime within the one
year maintenance period paid for by West America and Culiver- Hayden
Investors. The $2,000 per agreement to cover the one year
maintenance is an estimate at this time. Staff will have the
proposal reviewed by the City's Landscape Architect for a
confirmation, or Staff will provide an adjusted figure at the
Council's August 1st meeting.
Recommendation
The City Council approve the attached agreements and authorize the
Mayor to sign.
Attachment: Draft agreement:
PJRI6JUL9.4
m
AGREEMENT
This Agreement is entered into this day of
, 1990 by and between the City of Moorpark ( "City ")
and West America Construction Corporation /Moorpark Investment
Group ( "West America "), collectively referred to herein as
"parties ".
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties agree as follows:
1. Recitals
1.1 The purpose of this Agreement is to effectuate the
installation of a meandering /staggered public sidewalk
with landscaping adjacent to the north side of Los
Angeles Avenue from the eastern boundary of LDM -10
westerly past Maureen Lane, to the western boundary of
Lot 15 of Tract 3192 (IIID-88-31 as more particularly
described in Exhibit "A°" attached. Landscape
maintenance is to be initially provided by West America
and after a one (1) year period shall be incorporated
into a City -wide landscape maintenance assessment
district (AD 84 -2) with a zone of benefit as determined
by the Moorpark City Council. The one year period is
to commence upon the City's acceptance of the
improvements to City standards.
1
1.2 West America understands that this Agreement will
act to meet the conditions of the development imposed
under Resolution Nos. 88 -488; 89 -596; 88 -490; and 88-
491 as they relate to providing the required
meandering /staggered public sidewalk and landscaping.
1.3 "West America" is the owner of the real property
governed by Resolution Nos. 88 -488; 89 -596; 88 -490; and
88 -491, and is a California partnership comprised of
West America Construction Corporation, as to an
undivided 75% and Moorpark .investment Group, a
California Limited Partnership, as to an undivided 25%
of the subject properties
2. West America Responsibilities:
2.1 West America shall install. sidewalk and
landscaping improvement:; in accordance with approved
City and CALTRANS landscape and irrigation plans on the
area adjacent to their projects and in compliance with
the approved plans.
2.2 West America shall maintain landscaping,
irrigation and sidewalk for an initial
establishment period of sixty (60) days upon written
acceptance by CALTRANS and the City of Moorpark. Upon
2
successful completion of such initial establishment
period, the one (1) year maintenance period begins.
2.3 West America shall commence work to install the
meandering /staggered sidewalk and landscaping within
thirty (30) days from thE= date of this Agreement and
shall complete all such work within sixty (60) days
from the date of this Agre.ement..
_ 2.4 West America, or its successors shall maintain any
sign maintained in the landscape area in accordance
with the City approved si..gn permit. City shall have no
responsibility for mainterianc,e of signage.
2.5 GRANT OF EASEMENTS. If any of the property
subject to this Agreement is privately owned, the
appropriate party(s) hereby grants to City an
irrevocable Consent to Enter upon said property to
perform landscaping and maintenance obligations. If
requested by City, the parties shall execute and
deliver easement deeds ii, favor of City, to said
property.
3. City of Moorpark Responsibilities
3.1 The City shall perform maintenance after the above
referenced sixty (60) days per the following:
3
A. West
America shall pay the City cost of one
(1)
year maintenance, not to exceed two
thousand
dollars ($2,000.00), including:
a)
Utilities (water and power)
b)
Contract landscape maintenance services
C)
10% of a) and b) to be held as
contingeric.y
d)
10% of a) and b) for the City's
administrative costs for the one year
period
e)
the one ,ear period shall commence upon
the City's acceptance of the
improvements to City standards.
B. West America shall also pay the total sum of
five hundred dollars ($500.00) to City to
cover the preparation and administration of
the Agreement and placement of the property
into the Assessment District.
C. Upon payment of the fees set forth in (A) and
(B) above, West America shall be released
from further obligations and maintenance.
0
3.2 The City shall incorporate the subject landscape
and sidewalk area into it-.s City -wide Maintenance
Assessment District (AD 84 -2) with a zone of benefit as
determined by the Moorpark City Council.
4. Cooperation with Adjacent Project
West America is encouraged to cooperate with the adjacent project
to the west toward the fulfillment of its obligations under this
Agreement.
5. Remedies Upon Breach
A. In the event of the breach of any of the terms or
conditions of this Agreement by West America, City may pursue the
remedy thereof by any and all means of enforcement, both in
equity and at law as provided by the laws of the State of
California, including but not limited to injunctive relief and /or
specific performance.
B. The City and West America enter into this Agreement
in good faith. Acceptance of the improvements shall not
unreasonably be delayed or withheld. In the event City or Cal
Trans unreasonably withholds acceptance, the establishment period
shall begin not later than ninety (90) days after completion of
construction and installation of the improvements in compliance
with the approved plans.
5
6. Benefit of Agreement
All of the conditions, restrictions and other
requirements herein shall be for the benefit of City, both in and
for its own right, and for the purposes of protecting the
interests of the public health, safety or welfare.
7. No Assignment of Agreement
No assignment of this AcIr,eement or of any rights
accruing -under this Agreement sha_ -A be made, in whole or in part,
by West America without the prior consent of City.
8. Notices. Written notice, demands and communications by
and between the Parties shall be deemed sufficient if dispatched
by registered or certified mail, postage prepaid, return receipt
requested to the principal office:.; of City and Buyer, the address
of which are hereinafter set forth Such written notices,
demands and communications may be :sent in the manner prescribed
to each other's addresses as the '.�yarties may, from time to time,
designate by mail, or the same may be delivered in person to
representatives of the Parties upon such premises. Said
addresses are:
City Clerk
City of Moorpark
799 Moorpark Blvd.
Moorpark, CA 93021
West America
c/o Nicholas Brown
8929 Wilshire Blvd.
Beverly Hills, CA 90211 -1938
6
Notices herein shall be deemed given as of the date of
personal service, or three (3) consecutive days after deposit of
the same in the custody of the United States Postal Service.
9. Controlling Law
This Agreement shall be interpreted and construed in
accordance with the laws of the State of California.
10.- Indemnify and Hold Harmless
West America shall indemnify and hold harmless City,
its officers, agents, servants and employees from and against any
and all claims, demands, liabilities, losses, costs, and
obligations whatsoever for injury or damage to arising out of, or
relating to, this Agreement.
11. Attorney's Fees
In any action to interpret or enforce any provision of
this Agreement, the prevailing party shall be entitled to its
costs and reasonable attorney's fees.
12. Modification of Agreement
This Agreement may be modified or amended at any time
by mutual consent, but only by a written agreement executed by
City, and West America. Failure by City to exercise any right,
power or privilege under this Agreement shall not operate as a
waiver of any right, power or privilege hereunder. No single or
F1
partial exercise by City of any right, power or privilege
hereunder shall preclude its furth�>r exercise.
13. Sole Understanding
This Agreement contains the sole and entire agreement
and understanding of the Parties with respect to the subject
matter hereof, and supersedes all prior negotiations or
understandings, whether written or oral, between the Parties with
respect to all or part of the subject matter.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed as of the date and year first written
above.
WEST AMERICA HAS READ THE FOREGOING AGREEMENT AND FULLY
UNDERSTANDS IT.
WEST AMERICA
By:
Donald T. Leahy, President
West America Construction Corp.
By:
Nicholas M. Brown, Vice President
West America Construction Corp.
By:
Murray Siegel, Partner
Moorpark Investment Group
By:
Gary Siegel, Partner
Moorpark Investment Group
J
CITY OF MOORPARK
By:
Bernardo M. Perez
Mayor
ATTEST:
City Clerk
EXHIBIT' "A"
LEGAL DESCRIPTION OF LANDSCAPE AREA
FOR THE NORTH SIDE OF LOS ANGELES AVENUE
The northerly 8 feet of the right -of -way on Los Angeles Avenue,
bounded on the west by the westerly boundary of Lot 15 of Parcel
Map 3192 filed in Book 31, Page 59 of Parcel Maps, in the office
of the County Recorder, County of Ventura, State of California
and on the east by the easterly boundary of Parcel Map LDM -10,
and including portions of Lots 15 and 25 of Parcel Map 3192 and
portions of Lots 1 and 3 of Parcel Map LDM -10 filed in Book 47,
Page 68 of Parcel Maps, in the office of the County Recorder of
said County, lying southerly of the wall as shown on the attached
Exhibit "B ".
(West America Agreement)
EXHIBIT "A"
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