HomeMy WebLinkAboutAGENDA REPORT 1988 0406 CC REG ITEM 11O MOORPARK
JOHN PATRICK LANE STEVEN KUENY
Mayor rs ,, City Manager
ELOISE BROWN gags �°oz CHERYL J. KANE
Mayor Pro Tern f��o City Attorney
JOHN GALLOWAY �/ �� PATRICK RICHARDS, A.I.C.P.
Councilmember z :atm..: Director of
CLINT HARPER, Ph.D.
., Community Development
Councilmember �9' ,o° R. DENNIS DELZEIT
BERNARDO M. PEREZ `'so �` 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: Steven Kueny, City Manager YZ
DATE: April 5, 1988
SUBJECT: REIMBURSEMENT TO PACIFICA
Pursuant to a Reimbursement Agreement approved by the City Council on
January 21, 1987, the City is to reimburse Pacifica Corporation the
amount of $27,834. by March 1, 1988. This is for work Pacifica did on
the Tierra Rejada Road median. A copy of page 2 of the Agreement is
attached. Since the required date has already passed, I request that
this matter be placed on the agenda for April 6, 1988. This matter was
brought to my attention by Pacifica after posting of the agenda.
The funds are available for the reimbursement. The adopted budget
indicates the funds were to be held in reserve for improvement of the
median including those improvements provided by Pacifica. It is
necessary to specifically appropriate these funds. These funds are
received from a special zone of benefit assessment on the lots in Tract
2865 for the specific purpose of improving this median.
STAFF RECOMMENDATION
1. Add this matter to agenda.
2. Appropriate $27,834. from the Lighting and Landscaping Maintenance
Assessment District (AD 84-2) Reserve.
3. Authorize a warrant to be issued to Pacifica for $27,834.
MOORPARK, CALIFORNIA
City Counci, Meeting
of y c— 1985
A=TiON: (2.4l44et-d
.0 .1.. l/L 4111 i .
799 Moorpark Avenue Moorpark, California 93021 By ! Lila fi (805) 529-6864
REIMBURSEMENT AGREEMENT - TRACT 2865
page 2
NOW , THEREFORE , the parties agree , as follows :
1 . City agrees to reimburse Pacifica for the cost of the
construction of the median and related improvements in the
amount of Twenty- Seven Thousand , Eight Hundred Thirty-
Four Dollars ($27 ,834 . 00) on March 1 , 1988 , pursuant to
the schedule of items and costs as illustrated in attached
Exhibit "A" . At City ' s sole option, said payment may be
made prior to March 1 , 1988 .
2 . Said reimbursement shall be made only from "Additional
Assessments" , as part of the annual assessments for Assess-
ment District No . AD- 84- 2 to the owners of lots within
Tract 2865 . In the event the actual amount of said
"Additional Assessments" actually collected is not
sufficient to pay Pacifica the total amount to be reimbursed ,
the City shall pay Pacifica the actual amount collected
as of March 1 , 1988 , and shall earmark all "Additional
Assessments" collected for reimbursement to Pacifica
until the total amount of reimbursement is paid . At City ' s
sole option , City may reimburse Pacifica from other
available funds . No interest or other additional costs
shall be paid by the City , regardless of when the reimburse-
ment is made .
3 . City further agrees to continue said "Additional Assess-
ments" until Pacifica receives the total amount to be
reimbursed , pursuant to the terms of this Agreement or
in the event said "Additional Assessments" are discon-
tinued by the City prior to complete reimbursement
payment to Pacifica , the City shall, if necessary, use
other appropriate City funds to reimburse Pacifica , pur-
suant to the terms of this Agreement .
4 . Pacifica is not required to post any additional improvement
bonds for said mediau and Leiatea
construction of said median and related improvements shall
not affect the status of Pacifica ' s existing improvement
bonds now posted with the City for other improvements
within Tract 2865 .
5 . Except as exprdssly provided herein, neither party shall
assign any rights or delegate any obligations under this
Agreement without the prior written consent of the other
party .
6 . In the event any action, suit or proceeding is brought
for the enforcement of , or the declaration of any right
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 ,
. J