HomeMy WebLinkAboutAGENDA 2012 0104 CC REG ITEM 10C ITEM 10.C.
ACl'ION:
MOORPARK CITY COUNCIL
AGENDA REPORT _
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: December 15, 2011 (CC Meeting of 01/04/12)
SUBJECT: Consider Surety Bond Exoneration (Bond No. 104849883) for Burns-
Pacific Construction, Inc., Tract 5147
BACKGROUND
Burns-Pacific Construction, Inc., Tract 5147 (also known as A-B Properties) is a 34.71-
acre industrial subdivision development project located approximately 1,300 feet west of
Gabbert Road, and north of the Union Pacific Railroad as shown on Attachment 1.
Tract No. 5147 consists of seventeen industrial lots, one lot for a conservation
easement, and one lot for landscaping purposes. The grading and improvement plans
were previously approved by the City and a portion of the grading has been completed.
The project has experienced delays due to litigation between A-B Properties and
Southern California Edison (SCE) on access and utility service related issues which
resulted in a settlement agreement. In the outcome of the A-B Properties vs. SCE
litigation, A-B Properties entered into a settlement agreement with the City for
amendments to their Development Agreement and Tract Map.
DISCUSSION
Prior to approval and permitting of the Tract 5147 grading and improvement plans, the
developer posted a public improvements performance and payment bond in the amount
of $416,500.00 for the construction of a portion of North Hills Parkway along the
western boundary of Tract 5147. This bond was not a requirement of the original
Development Agreement or Conditions of Approval. The amended Development
Agreement with A-B Properties will include bonding and possible assessment district
contribution requirements for the construction of North Hills Parkway adjacent to Tract
5147, therefore the subject bond is not required.
S.\Public Works\Everyone\Reports\Staff Reports\2012\January\01-04-12(Surety Bond Exoneration TR 5147).doc 41
Honorable City Council
January 4, 2012
Page 2
Funding for the remaining portions of North Hills Parkway from 600 feet south of the
railroad crossing to Gabbert Road, including the railroad under-crossing, will be in the
form of an Assessment District with participation by A-B Properties and other benefiting
properties, or other financing mechanisms as approved by the City. The City's
consultant, KOA Corporation, is preparing plans and specifications for the construction
of North Hills Parkway, including the railroad under-crossing.
Staff recommends that the surety bond described below be fully exonerated.
SURETY BOND ORIGINAL PRIOR AUTHORIZED
TYPE NUMBER BOND AMT. AUTHORIZED ACTION OF
ACTION 01/04/2012
Public
Improvements 104849883 $416,500.00 None Exoneration
Performance
and Payment
FISCAL IMPACT
None
STAFF RECOMMENDATION
Authorize the City Clerk to fully exonerate the Public Improvements Performance and
Payment Surety Bond No. 104849883 for Burns-Pacific Construction, Inc., Tract 5147.
ATTACHMENT
1 - Vicinity Map
S:\PublicWorks\Everyone\Reports\Staff Reports\2012\January\01-04-12(Surety Bond Exoneration TR 5147)doc 42
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