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HomeMy WebLinkAboutRES CC 2018 3726 2018 0620 RESOLUTION NO. 2018- 3726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING PUBLIC STREET AND DRAINAGE IMPROVEMENTS MADE BY SHEA HOMES LIMITED PARTNERSHIP (LP) FOR TRACTS 5133 AND 5425 AS COMPLETE WHEREAS, the City Council approved Tract 5133 and Tract 5425, which allowed Shea Homes LP to construct housing and related improvements within the City of Moorpark; and WHEREAS, the Tract 5133 and Tract 5425 approved entitlements, including but not limited to conditions of approval for the tentative tract maps and the subdivision improvement agreements, required construction of certain private and public street and drainage improvements within the tracts; and WHEREAS, Section 16.36.010 of the Municipal Code provides that when the City Engineer determines that the required improvements have been fully completed, the City Engineer will recommend to City Council that the public improvements be accepted by the City and that the surety be reduced to ten percent for a one-year warranty period; and WHEREAS, the City Engineer/Public Works Director has determined that Shea Homes LP has completed the required private and public street and drainage improvements and has recommended that the City Council accept the public improvements, fully exonerate the performance and payment surety for Tract 5133 and reduce the performance and payment sureties for Tract 5425 to ten percent for the warranty period. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark hereby accepts the public improvements, including street and drainage improvements required for Tracts 5133 and 5425 as complete. SECTION 2. The City's acceptance of the public improvements as complete does not limit the City's remedies under general construction defect law, and the subdivider shall be responsible for the care, repair, and maintenance of the subdivision improvements until the expiration of the required one-year guarantee and warranty period for both Tracts 5133 and 5425. Resolution No, 2018-3726 Page 2 SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of June, 2018. k-)41.0 Ja ce S. Pary n,(Mayor ATTEST: -,,ordwirravo„ Maureen Benson, City Clerk Fratitiro • Naisi.to 1:as 4111111p1111W 4reo Resolution No. 2018-3726 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3726 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of June, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 31st day of July, 2018. Maureen Benson, City Clerk (seal) 1a of:dragii