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Home My WebLink AboutAGENDA REPORT 1995 0104 CC REG ITEM 08Gj2, (86) ITEM • AGENDA REPORT C Z TY OF MOORPARK TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: December 20, 1994 (Council Meeting 1 -4 -95) SUBJECT: Consider Approval of the Assignment of the Grading Bond for Tract 3963 -4 to Ramseyer and Associates DISCUSSION The law firm of England, Whitfield, Schroeder & Treadway, representing the engineering firm of Ramseyer & Associates, has requested that the City assign Grading Bond No. 971401S [Tract 3963 -4], to his client. The amount of the bond is $83,000. As stated in the attached letter dated November 23, 1994, from this law firm, the developer of the subject project, Griffin Homes, withheld payment of fees to Ramseyer & Associates which were due for the placement of the monuments in this tract. Assignment of the Grading Bond to the Engineering firm will enable them to take direct action against the Surety for payment of these fees and related costs. The City Attorney has reviewed this matter and recommends approval of the request for assignment. RECOMMENDED ACTION Approve the assignment of Bond No. 971401S (Developers Insurance Company, Inc.) to Ramseyer & Associates and authorize the Mayor to execute any documents required for said assignment, subject to language approval by the City Attorney and the City Manager. exon29 00098 THEODORE J. ENGLAND ANSON M. WHITFIELD ROBERT W. SCHROEDER DAVID W. TREDWAY ROBERT A. MCSORLEY STUART A. COMIS MITCHEL B. KAHN MARK A. NELSON ERIC J. KANANEN MARY E. SCHROEDER OSCAR C. GONZALEZ STEVEN K. PERRIN WILLIAM J. KESATIE MELISSA E. COHEN TERRY R. BAILEY ANDREW S. HUGHES MADISON M. CHRISTIAN KURT E. KANANEN WILLIAM W. WEBB JEREMY J. F. GRAY MELODEE A. YEE ROBERT D- SCHWARTZ ENGLAND, WHITFIELD, SCHROEDER & TREDWAY ATTORNEYS AT LAW SIXTH FLOOR, UNION BANK TOWER 300 ESPLANADE= DRIVE OXNARD, CALIFORNIA 93 03 0 -12 51 (805) 485-9627 (805) 647 H237 November 23, 1994 Mr. Kenneth Gilbert Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Griffin Homes - Tract 3963 -4 Monument Bond No. 971401S Ramseyer and Associates, Inc. Dear Mr. Gilbert: SOUTHERN CALIFORNIA TOLL FREE (800) 255 -3485 FAX (805) 983 -0297 THOUSAND OAKS OFFICE ROLLING OAKS OFFICE CENTER 351 ROLLING OAKS DRIVE THOUSAND OAKS, CALIFORNIA 91360 5745 -000 Thank you for your letter of November 17, 1994. I apologize for the lack of specificity in my prior letter of October 12, 1994, to which you were responding. That letter was intended to constitute notice to the City of Moorpark that Ramseyer & Associates had not been paid for the monuments that it had set with respect to Tract 3963 -4 for the purposes of Government Code section 66497, which provides as follows: "Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the city engineer or county surveyor or any other public official or employee authorized to receive these notices, that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the sub- divider shall present to the legislative body evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the legislative body shall pay the engineer or surveyor for the setting of 00097 Mr. Kenneth Gilbert November 23, 1994 Page 2 the final monuments from the cash deposit, if so requested by the depositor. If the subdivider does not present evidence to the legislative body that the subdivider for the setting of the final monuments, the legislative body shall, within three months from the date of the notifica- tion, pay to the engineer or surveyor from any deposit the amount due." (Emphasis added.) The amount that is presently owed by Griffin Homes to Ramseyer & Associates on account of monumentation for Tract No. 3936 -4 is the sum of Twenty -Four Thousand Eight Hundred Fifteen Dol- lars ($24,815.00), calculated as follows: Quantity Completed Item As of March, 1992 Unit Cost County Standard Monuments 1 $440.00 Street Center- line Monuments 9 $275.00 Lot Corner Monuments 97 $165.00 SUBTOTAL: Plus interest at 10 percent from March, 1992: TOTAL: Item Cost $ 440.00 $ 2,475.00 $16,005.00 $18,920.00 $ 5,895.00 $24,815.00 The threshold concern that prompted my letter of October 12, 1992, was that of ensuring that Monument Bond No. 9714015 was not inadvertently released by the City of Moorpark before these amounts had been paid. Your letter contains specific assurances that this will not take place. 00098 Mr. Kenneth Gilbert November 23, 1994 Page 3 You also have referred to certain prerequisites that would need to be satisfied before the City would affirmatively act to enforce the bond obligations. This is somewhat puz- zling since I read Section 66497 as being self- executing. Nevertheless, I would like to further explore the assignment alternative further and will be telephoning you within the next week concerning that subject. Thank you for your attention to this matter. Very truly yours, THEODORF GLAND TJE /jm cc: Mr. Eddie P. Ramseyer 00099 i SURE`ry B ONIJ MONUMFN'r z� KNOW ALL MEN BY THESE PRESENTS: That i 7L S= AyP r-R1 E-E-1 i PARTNERSHIP RV /'RT 1'I TnI t Y DEVELOPERS INSURANCE CO. INC. held and fimly bound unto the City of Moorpark, State in the sum of Eighty Three Thousand ------------------- ($ 83,000.00 ), for which sum we bind ourselves, administrators, successors and assigns, jointly and sev The condition of the above obligation is such that: BOND NO. 9714016 Premium $ 830.00 �� as Principal, and as Surety, are of California, as Obligee, our heirs, executors, erally by these presents. WHEREAS, the Principal is the owner of City of Moorpark Tract No. -396-3 -4 which is subject to the requirement of having sufficient durable monuments to confirm with the standards described in California Business and Professions Code Section 8771; and WHEREAS, the Principal is legally obligated to cause said monuments to be set; and WHEREAS, the Principal, as a condition to filing a final subdivision map on said tract, is required pursuant to California Government Code Sections 66441 and 66498, inclusive, to execute a bond guaranteeing payment. to the registered civil engineer or licensed surveyor for the setting of these monuments; NOW, THEREFORE, if the Principal shall pay the registered civil engineer-r r � licensed_ surveyor; for his services in setting the monuinentq. for the above referenced tract; - Mien this obligation`" ` "shall be null and void; otherwi e, this obligation shall remain in full force and effect, and, upon demand by the Obligee, Surety shall pay to the Obligee the amount of this bond, and shall also, in case suit is brought upon this bond, pay to Obligee court costs and a reasonable attorney's fee, to be fixed by the Court. Dated this 10 day of JANUARY , 1989 Notarial Certificate attached By o� ,Z�� 1-";xt Title Diane Foster, Corp. Secty. I,IZ-41Y F., I d Name of ]Principal By ckt i c�- es l J. cevi�� Title nior Vice sident DEVEWPERS INSURANCE CO.. INC. Name of Surety By " Notarial Certificate attached DAVID C. BANFERAttorney- in-Fact Address 333 Wilshire' A,te City Anaheim State California zip_ 92801 Telephone No. (714)999 -1471 ' 00101-- December 27, 1994 FAX AND MAIL Kenneth C. Gilbert Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Dear Ken: OFF1C' Re: Request for City Claim on Tract 3963 -4 Monument Bond OU Please find enclosed, an assignment of the above - described bond, as you requested in your memorandum dated December 16, 1994. CJK: Enclosure cc: Steven Kueny, City Manager LAX2:1 16548.1 Very truly yours, Ro- CH YL KAN CI Y A ORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN 5 LAW OFF -ICES BURKE, WILLIAMS 8C SORENSEN VENTURA COUNTY OFFICE 611 WEST SIXTH STREET. SUITE 2500 2310 PONDEROSA DRIVE SUITE I LOS ANGELES, CALIFORNIA 90017 CAMARILLO, CALIFORNIA 93010 16051 967 3466 (2131 ?36-D600 ORANGE COUNTY OFFICE TELECOPIEP 121., 1 2362700 3200 BRISTOL STREET SUITE 640 COSTA MESA, CALIFORNIA 92626 17141 545 -5559 December 27, 1994 FAX AND MAIL Kenneth C. Gilbert Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Dear Ken: OFF1C' Re: Request for City Claim on Tract 3963 -4 Monument Bond OU Please find enclosed, an assignment of the above - described bond, as you requested in your memorandum dated December 16, 1994. CJK: Enclosure cc: Steven Kueny, City Manager LAX2:1 16548.1 Very truly yours, Ro- CH YL KAN CI Y A ORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN 5 ASSIGNMENT OF SURETY BOND The City of Moorpark, a municipal corporation, ( "Assignor "), hereby assigns all right, title, and interest in and'to Surety Bond No. 971401S issued by Developers Insurance Co., Inc. in the sum of $83,000.00 (the "Bond ") to Ramseyer and Associates ( "Assignee "). The subject matter of the Bond is the setting of monuments in City of Moorpark Tract: No. 3963 -4. The original of the Bond is attached to this Assignment. This assignment is intended to convey to Assignee all Assignor's right, title, and interest in the Bond as Obligee. Additionally, Assignee acquires the full power to prosecute, compromise, settle, reassign, and give a release in settlement of the satisfaction of the Bond. Assignee hereby holds harmless and shall indemnify and defend Assignor and its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost or expense resulting from, or arising out of, the fact that the Bond incurs to the sole benefit of Assignor or resulting from, or arising out of, this Assignment. Time is of the essence in this Assignment. - This Assignment may be amended only by a writing signed by the party against whom enforcement of the amendment is sought. This Assignment shall be governed by, and construed in accordance with, the laws of California. Executed at Moorpark, California on January , 1995. ASSIGNOR CITY OF MOORPARK By Paul W. Lawrason Jr., Mayor ATTEST Lillian E. Hare, City Clerk LA X2: 1 16544.1 ASSIGNEE RAMSEYER AND ASSOCIATES By _ Title