HomeMy WebLinkAboutAGENDA REPORT 1995 0906 CC REG ITEM 08S ITEM F., •
F,ROOR?A4K, CAL
AGENDA REPORT CI ly Council Mac •
City of MoCD X"IC.
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ANON: ei
TO: The Honorable City Council , II
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FROM: Kenneth C. Gilbert, Director of Public Works , ;y �--�
DATE: August 25, 1995 (Council Meeting 9-6-95)
SUBJECT: Consider Approval of a Contribution Agreement Between
the City and Caltrans Providing for the Construction of
the La Falda Access Road
OVERVIEW
This presents for approval the revised terms for the subject
Agreement.
BACKGROUND
1. Caltrans acquired a number of properties to provide the
right-of-way required to construct the freeway connector
project. The right-of-way acquired immediately south of Los
Angeles Avenue east of High Street, severed an existing "paper
street" (deeded but not travelled) parallel to and immediately
south of Los Angeles Avenue, called La Falda Avenue. That
portion of La Falda Avenue located west of the freeway was left
with no connection to Los Angeles Avenue or any other street in
the area.
2. The purpose of the subject Agreement is to define the method
by which access will be re-established to this segment of La
Falda Avenue.
3 . On June 21, 1995, the City Council approved a draft of the
subject Agreement and authorized the Mayor to execute same upon
finalization of certain language and terms.
4. The final language in the attached revised Agreement sets the
amount of the in-lieu compensation at $97,500 -- an amount
slightly less than the preliminary amount of $100,000 mentioned
in the June 21st staff report.
5. As a separate but related matter, the City acquired a piece of
surplus property from Caltrans, located on the south side of
Los Angeles Avenue immediately west of the freeway
right-of-way. For the reasons stated above and the grade
separation between the property and Los Angeles Avenue, there
is no viable way in which to access the property.
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La Falda Access Road
September 1995
Page 2
6. The location of the area subject to the attached Agreement is
shown of the maps attached as Exhibit 'A. '
DISCUSSION
A. Agreement
Caltrans has provided the City with a revised final version of
the subject CONTRIBUTION AGREEMENT (Exhibit 'B' ) between the
City and Caltrans. This Agreement sets forth the steps
required to re-establish access to the subject segment of La
Falda Avenue. The Agreement states that Caltrans will:
• convey to the City street right-of-way along the westerly
side of the freeway, required to connect La Falda Avenue to
Los Angeles Avenue; and,
• pay the City the amount of $97,500 for the construction of
a useable roadway (gravel surface) within said right-of-way.
B. In-Lieu Payment for Construction
As the result of continued negotiations between staff and
Caltrans regarding the estimated cost for the construction of
a gravel connector road between La Falda Avenue and Los Angeles
Avenue, Caltrans has agreed to increase the amount of such
payment from $67,000 to $97,500. The City Council is advised
that during negotiations with Caltrans regarding the design for
the Freeway Connector project, it was mutually agreed that, in
that the existing La Falda Avenue was unpaved, Caltrans'
responsibility for constructing a new "connector" road, would
be limited to the cost of an unpaved road.
D. Language Changes
The attached final Agreement includes additional language
requested by the City pertaining to reciprocal indemnity
clauses and other matters. These changes were, in part, based
on recommendations from the City Attorney. A copy of the
attached Agreement has been provided to the City Attorney and
has been approved as to form.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached
Resolution (Exhibit 'C' ) approving the subject Agreement and
authorize the Mayor to execute same.
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07-VEN-118 PM 18.92/19.0
In Moorpark near
the 118/23 connector
07266 - 910430
District Agreement No. 4271
CONTRIBUTION AGREEMENT
This AGREEMENT, entered into on 19 •
is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF MOORPARK
a body corporate and
politic referred to
herein as CITY
000143
District Agreement No. 4271
RECITAL
1. STATE and CITY, pursuant to Streets and Highways Code
Section 114 are authorized to enter into a contribution
Agreement for improvement and maintenance of STATE highway,
within the boundaries of CITY.
2. STATE constructed Route 118/23 connector in 1993 and
physically severed La Falda Avenue, a dedicated but
unconstructed street.
3 . STATE agreed to provide usable access to La Falda Avenue at a
future date.
4. STATE is willing to make a lump sum payment of $97,500 to
CITY to satisfy STATE's obligation for the cost of
constructing the access to La Falda Avenue.
5. STATE will process a Grant Deed to convey the required
right-of-way for the access road.
-2-
00 11..
District Agreement No. 4271
6. CITY is willing to accept a lump sum payment of $97,500 as
STATE's total responsibility to restore usable access to
La Falda Avenue.
- 7. The parties hereto intend to define herein the terms and
conditions under which the obligation to restore access to
La Falda Avenue is satisfied.
SECTION I
CITY AGREES:
1. To execute a certificate of Acceptance for a Grant Deed
convenying the required right-of-way for the access road
to the City and to accept control and all responsibilities
for maintenance and liability for the access road and its
surrounding slopes in Lots 53 and 54 and to bear the entire
cost and expense thereof upon receipt of Grant Deed and lump
sum payment of $97,500 from STATE.
2. To relieve STATE of this responsibility for maintenance and
liability for the access road and its surrounding slopes in
Lots 53 and 54 upon receipt of Grant Deed and lump sum
payment of $97,500 from STATE.
-3-
District Agreement No. 4271
SECTION II
STATE AGREES:
1. To record a Grant Deed, and related Certificate of Acceptance
from the City, conveying the required right-of-way for the
• access road to the City and to make lump sum payment of
$97,500 City, within 30 days upon execution of this
Agreement, which figure represents STATE's final and only
payment toward the cost of grading a usable access to La
Falda Avenue.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources by the
California Transportation Commission.
2. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
-4-
- QS
District Agreement No. 4271
fully defend, idemnify and save harmless the State of
California, all officers and employees from all claims,
suites or actions of every name, kind and description brought
for or on account of injury (as defined in Government Code
Section 810.8) occurring by reason of anything done or
omitted to be done by CITY under or in connection with any
work, authority or jurisdiction delegated to CITY under this
Agreement.
3 . Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occuring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895. 4, STATE shall
fully defend, indemnify and save harmless the City of
Moorpark, all officers and employees from all claims, suites
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by STATE under or in connection with any work, authority
or jurisdiction delegated to STATE under this Agreement.
-5-
b '
District Agreement No. 4271
4 . No alteration or variation or the terms of this Agreement
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
5. This Agreement shall terminate upon payment of lump sum of
$97,500 to CITY by STATE and upon recordation of the Grant
Deed with the Ventura County's Recorder's Office, or on
December 31, 1996 whichever is earlier in time.
-6-
0001 8
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District Agreement No. 4271
STATE OF CALIFORNIA CITY OF MOORPARK
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation By:
Paul W. Lawrason Jr. Mayor
Attested:
By: By:
KEN STEELE Lillian Hare, City Clerk
District Director
Approved as to Form and Procedure:
Attorney
Department of Transportation
Certified as to Funds
DISTRICT BUDGET MANAGER
Certified as to Procedure:
ACCOUNTING ADMINISTRATOR
-7- 000149
,c
RESOLUTION NO. 95 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING THE
CONTRIBUTION AGREEMENT BETWEEN THE CITY AND
CALTRANS FOR THE CONSTRUCTION OF A ROAD TO
REESTABLISH ACCESS TO LA FALDA AVENUE
WHEREAS, Caltrans constructed the Route 118/23 freeway
connector project; and,
WHEREAS, the right-of-way acquired by Caltrans to construct
said project severed and existing dedicated but unconstructed City
street named La Falda Avenue, leaving no access to said street;
and,
WHEREAS, Caltrans and the City wishes to provide for the
reestablishment of access to said street; and,
WHEREAS, a Contribution Agreement between the City and Caltrans
has been prepared which sets forth certain terms and conditions
relating to the reestablishment of said access; and,
WHEREAS, Section 114 of the Streets and Highways Code
authorizes the City and Caltrans to enter into such a Cooperative
or Contribution Agreement to facilitate the resolution of such
matters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That CONTRIBUTION AGREEMENT No. 4271, between the
City and Caltrans, sets forth certain terms and conditions which
adequately provide for the reestablishment of access to La Falda
Avenue.
SECTION 2. That said CONTRIBUTION AGREEMENT is hereby
approved.
SECTION 3 . That Mayor is hereby authorized to execute said
agreement on behalf of the City.
PASSED AND ADOPTED this 6th day of September, 1995.
Mayor, City of Moorpark, California
ATTESTED:
0001. 0
City Clerk