HomeMy WebLinkAboutAGENDA REPORT 1995 0215 CC REG ITEM 08K 02/08/95 17:14 $1 213 2362700 BW&S LA MAIN /, // /6`I f►003,005
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ITEMS.
CITY OF MOORPARK
AGREEMENT FOR PaRFORxi1liCE OP DRAINAaI AND GRIDINO WORE
(Guaranteed by Security) �'
This AGREEMENT is made and entered into this day of
February, 1995, by and between the city of Moorpark, California,
a municipal corporation, hereinafter referred to as "City", and
Edward "Pete" Peters, hereinafter referred to as "Peters", whose
residence address is 7155 Walnut Canyon Road, Moorpark,
California 93201 ("Property") .
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IN CONSIDERATION of City's dismissal of the pending Ventura
County Municipal Court criminal action number 94M097858
("Action") prior to the completion and acceptance of certain
remedial improvements required by the city for the Property, the
parties hereto agree as follows:
1. Peters warrants that he is the owner of the real
property that comprises the Property.
2. Peters shall undertake, at his own expense, the
following improvements and all work incidental thereto within the
Property, to wit: all work met forth in the drainage plan and
hydrology study submitted by Peters to the City, which involves
constructing an outlet structure; and all work set forth in the
grading plan submitted to the City (collectively "Improvements")
in accordance with the plans and study as approved by the City
Engineer of City pursuant to the plan check review process and
the standards that are established by City ordinance. The final
scope of the Improvements will be determined by the City Engineer
of the City during the plan check and review process that is
currently in progress at the time this Agreement is executed.
3. Peters shall complete the Improvements within sixty (60)
days after the date the City Engineer of City completes its plan
check review process, unless the completion date is sooner
extended by the City Council of City upon the request of Peters.
If the time for completion of the Improvements is extended by the
City council, the extension shall not affect the validity of this
Agreement or release any security filed with City pursuant to
Paragraph 4 hereof. No extension shall become effective unless
said security, or substitute security that is acceptable the
City, is in effect for the entire period of the extension.
4. Peters agrees to file with City a security, such as but
not limited to a bond or an irrevocable letter of credit,
securing the faithful performance of this Agreement, no later
than ten (10) days prior to the date of trial in the Action.
Said security is in an amount equal to one hundred percent (100%)
of the estimated cost of the Improvements, which coot estimate is
Thirty six Thousand Four Hundred Eighty Seven Dollars
($36,487.00) . Should the amounts •<the -security become
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insufficient in the opinion of the City Engineer of City, Peters
shall renew the same in an amount deemed sufficient by the City
Engineer within ten (10) days after receiving notice therefore
from the City Engineer.
5. In consideration for the filing of a security in the
afore-mentioned amount, the City agrees to dismiss the Action
against Peters no later than seven (7) days prior to the date set
for trial.
5. Peters shall construct the Improvements in a good and
workmanlike manner, in accordance with accepted construction
practices and to the satisfaction of the City Engineer of City,
and shall take such precautions as may be necessary to protect
the public from any dangerous condition caused by the con-
struction of the Improvements.
7. Peters shall indemnify, defend with counsel approved
by City and hold harmless City and its officers, employees,
servants and agents from any claim, demand, damage, liability,
loss, cost or expense for any damage whatsoever, including but
not limited to death or injury to any person and injury to any
property, resulting from, or in any way connected with, the
performance of this Agreement, except such damage as is caused by
the sole negligence of City.
8. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all prior
agreements or understandings, oral or written, are hereby merged
herein. This Agreement shall not be amended in any way except by
a writing expressly purporting to be such an amendment, signed
and acknowledged by both of the parties hereto.
9. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless executed in writing by the party making
the waiver.
10. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of, any right or
obligation 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, and
any judgment or decree rendered in such a proceeding shall
include an award thereof.
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ii. This Agreement gull run with the land and shall bind
and obligate, and inure to the benefit of, the successors and
assigns of the parties hereto.
ED"' "PETE PETERS
CITY Or MOORPARR
ATTEST: By:
Mayor
"CITY"
CITY CLERK
(SEAL)
(TO BE NOTARIZED)
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