HomeMy WebLinkAboutAGENDA REPORT 1997 0305 CC REG ITEM 10GV
AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Steven Kueny, City Manager wer
DATE: February 27, 1997
ITEM-1-0 4
CITY OF MOORPARK, CALIFORNIA
City CwPW Meeting
of -315 — .199 -1-
ACTION:
BY
SUBJECT: Consider First Amendment to Agre�ent for Construction
of Subdivision Improvements and Reimbursement and
Release of Reimbursement Agreement Relative to LDM 92 -1
(Stephen R. Anderson Trust)
BACKGROUND:
On April 3, 1996, the City Council approved amendments to the
agreements with the Stephen R. Anderson Trust pertaining to the
further subdivision of LDM 92 -1 subject to final language
approval of the City Attorney and City Manager. The agreements
were to be placed on the Council's consent calendar as a receive
and file item. This relates to the further subdivision of Parcel
2 of LDM 92 -1, specifically to TTM 5038 and CPD 96 -2 (Moorpark -
Caymus), generally known as the Blockbuster Video project. The
attached April 2, 1996 report to the City Council from the City
Manager provides a more complete background of this matter.
DISCUSSION:
The final form of the amended agreements is changed from what was
anticipated in 1993 because the City, not a developer, has
constructed the Spring Road storm drain project. As a result, a
Release of Reimbursement Agreement Relative To LDM 92 -1 has been
prepared since a release agreement is no longer needed. A
provision for repayment of funds advanced by the City for the LDM
92 -1 portion of the Spring Road storm drain portion is included
in the First Amendment to Agreement for Construction of
Subdivision Improvements and Reimbursements. The amended
agreement provides for the City to be reimbursed for legal costs
related to preparation of the agreements.
STAFF RECOMMENDATION:
Receive and file the report.
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AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City'Council
FROM: Steven Kueny, City Manager S�
DATE: April 2, 1996
SUBJECT: Consider Amendment or Rescission of Reimbursement
Agreement Relative to LDM 92 -1 and Amendment of
Agreement for Construction of Subdivision Improvements
and Reimbursement (Stephen R. Anderson Trust).
BACKGROUND:
The approval of CPD 92 -2 (McDonalds project) also included a
subdivision (LDM 92 -1). LDM 92 -1 created an approximate 1 acre
parcel for the McDonald's restaurant and a remainder parcel of
approximately 2.86 acres at the northeast corner of Spring Road
and New Los Angeles Avenue. As part of the approval of the final
map for LDM 92 -1, the City and the property owner (Stephen R.
Anderson Trust) entered into two agreements: 1. Agreement for
Construction of Subdivision Improvements and Reimbursement and 2.
Reimbursement Agreement Relative to LDM 92 -1. Two items in the
agreement pertain to the construction of storm drains to serve
the property. The first item addressed reimbursement to the
owner of PD 1064 (TOPA) for a prior installation of a storm drain
that served this property. It required the payment of $22,100.00
prior to the issuance of the building permit for McDonalds
(parcel 1) and $59,543.25 to be paid prior to 1) issuance of
first building permit on parcel 2 of LDM 92 -1 or 2) a approval of
any final map on parcel 2 of LDM 92 -1, whichever occurs first.
The second item addressed construction of the storm drain on the
Spring Road frontage of the property to connect to the storm
drain referenced above. The construction was allowed to be
deferred until 1) issuance of the first building permit on parcel
2 of LDM 92 -1 or 2) approval of any final map on parcel 2 of LDM
92 -1, whichever occurs first. The agreements also addressed the
property owners obligations in the event another developer
constructed the required storm drain improvements.
DISCUSSION:
The owner of
subdivision
for sale and
parcel 2 is
to create an
development
in the preliminary stages
approximate 25,000 square
with the remainder of the
of preparing a
foot parcel
approximate
OOM47
2.86 acres to be developed at a later date. At this time, the
City is proceeding with a project to construct a storm drain on
Spring Road from Flinn Avenue to New Los Angeles Avenue that
includes the storm drain adjacent to LDM 92 -1. The property
owner has requested deferral of his fair share of the Spring Road
storm drain project. It is proposed that the deferral would
include interest and payment would be on a pro rata basis in a
similar manner to the current schedule but with payment of the
full amount including interest in approximately three years
(August 1, 1999) . The payment for the prior work done by TOPA is
proposed to be repaid in the same manner but without the three
year limit.
The language for the Agreement For Construction of Subdivision
Improvements and Reimbursement is proposed to be amended as
follows:
1. The following would be added to Section 2A.: The balance of
said sum ($59,543.25) shall be paid prior to the City's
issuance of the first building for parcel 2 of LDM 92 -1
unless approval of a final map for the subdivision of parcel
2 occurs first. If the subdivision of parcel 2 occurs
first, then payment shall be made at the time of approval of
the Final Map in the amount of $12,500.00 or $.50 per square
foot of the smallest parcel created by the Final Map,
whichever amount is greater. The balance of the payment
shall be paid prior to the City's (1) issuance of the first
building permit on any other parcel as shown on the Final
Map for the subdivision of parcel 2 of LDM 92 -1 or (2)
approval of any subsequent Final Map for the subdivision of
any parcel as shown on the Final Map that further subdivides
parcel 2 of LDM 92 -1, whichever occurs first. One
additional subdivision (for a total of 2 after LDM 92 -1)
would be allowed for purposes of payment deferral with
payment to occur in the same manner as described above.
2. The following language will be added to 3A.: Developers
shall pay City 15.26% of the cost for construction of the
Spring Road storm drain project. Construction cost shall
include final construction costs, design, inspection,
contract administration and related costs (construction
costs) less $32,217.54 previously paid. (The estimated
payment is $102,600.00) Interest on the above referenced
amount shall begin to accrue effective August 1, 1996. It
shall be simple interest at the variable rate equivalent to
the Local Agency Investment Fund (LAIF) rate of interest
determined on the first day of each month, plus two (2)
percentage points.
The amount plus interest shall be paid prior to issuance of the
first building permit for parcel 2 of LDM 92 -1 unless approval of
a final map for the subdivision of parcel 2 occurs first. If the
subdivision of parcel 2 occurs first, then payment shall be for
whichever event occurs first, as follows:
1. A pro -rata amount of construction costs for the smallest
parcel of any subdivision of parcel 2 but in no event less
than 23,000 square feet; said amount shall be paid for at
the time of approval of a final map.
2. a) The issuance of the first building permit on any parcel
as shown on the final map subdividing parcel 2 or b)
approval of any subsequent final map for the subdivision of
any parcel as shown on the final map that further
subdivided parcel 2 of LDM 92 -1. One other final map may
occur (for a total of two after LDM 92 -1) with a pro rata
payment in the same manner as No. 1 above.
3. The balance of construction costs due including interest
shall be paid no later than August 1, 1999.
With the expected award of the contract for the Spring Road storm
drain project, the City administered Los Angeles Avenue Area of
Contribution (AOC) will be paying for a major portion of the
work. The AOC will be reimbursed when the developer reimburses
the City.
STAFF RECCNDATION:
Approve amendments to agreements with Stephen R. Anderson Trust
relative to LDM -92 -1 subject to final language approval of City
Attorney and City Manager.
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MINUTES OF THE CITY COUNCIL
Moorpark, California April 3, 1996
A Special Meeting of the City Council of the City of Moorpark was
held on April 3, 1996, in the Council Chambers of said City located
at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 6 :45 p.m.
2. ROLL CALL:
Present: Councilmembers Hunter, Perez, Wozniak and
Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney.
3. PRESENTATIONS /ACTION /DISCUSSION:
A.
vi QU1JU1.y15LU1 ymprovemenza anct
Reimbursement (Stephen R. Anderson Trust). Staff
Recommendation: Approve amendments to agreements with
Stephen R. Anderson Trust relative to LDM 92 -1 subject to
final language approval of City Attorney and City
Manager.
Mr. Kueny gave the staff report.
John Newton, 165 High Street, addressed the Council on
behalf of Mr. Anderson. He explained Mr. Anderson's
desire to amend the agreement and indicated that he was
able to speak on behalf of his client.
Mayor Lawrason indicated his desire that the City come
out of the arrangement "whole ".
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to approve amendments to the agreements with
Stephen R. Anderson Trust relative to LDM 92 -1 subject to
final language approval of the City Attorney and City Manager.
The motion carried by voice vote 4 -0.
Mr. Kueny indicated that the agreement would be placed on
the Council's Consent Calendar as a receive and file
item.
Minutes of the City Council
Moorpark, California Page 2 April 3, 1996
4. CLOSED SESSION:
None was held.
S. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 7 :00 p.m.
ATTEST:
Lillian E.
Paul W. L wrason Jr. Mayor
0(51 ^ _ ,
Recording Requested By
and When Recorded Return To:
CITY CLERK
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
RELEASE OF REINSURBSKENT AGREEMENT RELATIVE TO LD1( 92 -1
WHEREAS, on July 14, 1993, the City of Moorpark, a municipal
corporation, and Stephen R. Anderson Trust entered into that
certain REIMBURSEMENT AGREEMENT RELATIVE TO LDM 92 -1 (the
"Reimbursement Agreement ") for to certain real property in the City
of Moorpark, County of Ventura, State of California, more
particularly described in Exhibit "A ", attached hereto and made a
part hereof, (the "Property "); and
WHEREAS, the Reimbursement Agreement has been superseded by
that certain FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF
SUBDIVISION IMPROVEMENTS AND REIMBURSEMENT dated July 14, 1996 by
and between the City of Moorpark and Stephen R. Anderson Trust,
which is recorded as Document No. of Official Records of
Ventura County, California; and
NOW, THEREFORE, the City of Moorpark hereby releases the
Reimbursement Agreement, which was recorded as Document No.
of Official Records of Ventura County, California, from
the chain of title to the Property.
IN WITNESS WHEREOF, the City of Moorpark has caused its Mayor
to execute this document on the day of
, 1997.
CITY OF MOORPARK
Patrick Hunter, Mayor
ATTEST:
Lillian E. Hare, City Clerk
LAX2:156648.2 j �(
V "52
Recording Requested By,
and When Recorded Return To:
CITY CLERK
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
FIRST AitEMB NT TO AM I FOR CONETRUCTION OF
SUBDIVISION INPROTEMMS AND REIMBURSEMENT
This FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF
SUBDIVISION IMPROVEMENTS AND REIMBURSEMENT ( "First Amendment ") is
entered into this —T day of _�, 1997 by and between the
City of Moorpark, California, a municipal corporation, ( "City ")
and Stephen R. Anderson Trust ( "Developer ").
RECITALS
WHEREAS, on July 14, 1993, City and Developer entered into
that certain AGREEMENT FOR CONSTRUCTION OF SUBDIVISION
IMPROVEMENTS AND REIMBURSEMENT (the "Subdivision Agreement ")
relative to LDM 92 -1, which Subdivision Agreement is recorded as
Document No. 93- 147467 of Official records of Ventura County,
California; and
WHEREAS, pursuant to Section 2A of the Subdivision
Agreement, Developer is required to make certain payments to City
and, pursuant to Section 3.A of the Subdivision Agreement,
Developer is required to construction a storm drain within Spring
Road or pay a pro rata share of the cost of construction of the
storm drain; and
WHEREAS, due to changed circumstances, the parties desire to
amend Sections 2A and 3.A of the Subdivision Agreement;
NOW, THEREFORE, the parties agree as follows:
A. Section 2A of the Subdivision Agreement is amended in its
entirety to read as follows:
LAX2:156624.3
112A. Developer shall pay to City the sum of Eighty -One
Thousand Six Hundred Forty -Three Dollars and Twenty -Five
Cents ($81,643.25) as total Reimbursement Costs pursuant to
the Topa Reimbursement Agreement. Twenty -Two Thousand One
Hundred Dollars and No Cents ($22,100.00) of said sum shall
be paid prior to City's issuance of the first building
permit for parcel 1 of LDM 92 -1, as shown on the Final Map,
1
o Wzsa
together with One Thousand Seven Hundred Three Dollars and
No Cents ($1,703.00) in costs incurred by City to administer
the Topa Reimbursement Agreement. The balance of the sum,
Fifty -Nine Thousand Five Hundred Forty -Three Dollars and
Twenty -Five Cents ($59,543.25), shall be paid prior to
City's issuance of the first building permit for parcel 2 of
LDM 92 -1, as shown on the Final Map, unless approval of a
final map for the subdivision of parcel 2 of LDM 92 -1
( "Subsequent Final Map ") occurs first.
"In the event approval of a Subsequent Final Map occurs
first, then partial payment of the $59,543.25 shall be made
prior to such approval. The partial payment shall be
calculated by multiplying the square footage of the smallest
parcel shown on the Subsequent Final Map, but in no event
less than twenty -five thousand (25,000) square feet, by
Fifty Cents ($.50) per square foot. The remainder of the
$59,543.25 shall be paid prior to City's issuance of the
first building permit for any other parcel shown on the
Subsequent Final Map, unless approval of a final map for the
subdivision of any parcel shown on the Subsequent Final Map
( "Second Subsequent Final Map ") occurs first.
"In the event approval of a Second Subsequent Final Map
occurs first, then partial payment of the remainder of the
$59,543.25 shall be made prior to such approval. The
partial payment shall be calculated by multiplying the
square footage of the smallest parcel shown on the Second
Subsequent Final Map, but in no event less than twenty -five
thousand (25,000) square feet, by Fifty Cents ($.50) per
square foot. The balance of the $59,543.25 shall be paid
prior to City's issuance of the first building permit for
any other parcel shown on the Second Subsequent Final Map.
"Within thirty (30) days after receipt of each payment
of Reimbursable Costs, City shall remit the total amount of
such payment to Topa; provided, however, the $1,703.00 in
administrative costs shall be retained by City."
"Prior to issuance of the first building permit for
Parcel 2 of LDM 92 -1 or approval of a final map for the
subdivision of Parcel 2 of LDM 92 -1 whichever occurs first,
Developer shall pay the City the sum of Four Thousand Seven
Hundred Thirty Five Dollars and fifty -nine cents ($4,735.59)
for costs associated with preparation of and administration
of the agreements related to deferral of the payments
referenced in this First Amendment.
B. Section 3.A of the Subdivision Agreement is amended in its
entirety to read as follows:
113A. Notwithstanding Section 2
Developer shall have no obligation to
drain within Spring Road described in
LAX2:7.56624.3 2
to the contrary,
construct the storm
City Drawing No(s).
OW254
93 -ML -10481 (the "Project "); provided, however, Developer
shall pay City fifteen point twenty six percent (15.26 %) of
the cost of construction of the Project. The cost of
construction means the total amount of the construction
contract together with design costs, inspection costs,
contract administration costs, City overhead on the design,
contract administration and inspection costs and other
related costs less Thirty -Two Thousand Two Hundred Seventeen
Dollars and Fifty -Four Cents ($32,217.54). (The estimated
payment is $102,600.00.)
"Developer shall pay simple interest on the cost of
construction beginning on August 1, 1996. The interest rate
shall be equal to the sum of the Monthly LAIFs commencing
with the Monthly LAIF for August, 1996 and ending with the
Monthly LAIF for the month in which payment is made. The
Monthly LAIF means one twelfth (1/12) of the sum of the
Local Agency Investment Fund (LAIF) rate of interest
determined on the first day of each month plus two (2)
percentage points.
"The cost of construction together with interest on the
full amount of the cost of construction shall be paid prior
to City's issuance of the first building permit for parcel 2
of LDM 92 -1, as shown on the Final Map, but in no event
later than August 1, 1999, unless approval of a final map
for the subdivision of parcel 2 of LDM 92 -1 ( "Subsequent
Final Map ") occurs prior to the issuance of such first
building permit.
"In the event approval of a Subsequent Final Map occurs
prior to the issuance of such first building permit, then
partial payment of the cost of construction together with
interest on the partial payment shall be made prior to such
approval. The partial payment shall be calculated by
multiplying the square footage of the smallest parcel shown
on the Subsequent Final Map, but in no event less than
twenty -three thousand (23,000) square feet, by an amount per
square foot equal to the cost of construction divided by the
square footage of parcel 2 of LDM 92 -1, as shown on the
Final Map. The remainder of the cost of construction
together with interest on the remainder shall be paid prior
to City's issuance of the first building permit for any
parcel shown on the Subsequent Final Map, but in no event
later than August 1, 1999, unless approval of a final map
for the subdivision of any parcel shown on the Subsequent
Final Map ( "Second Subsequent Final Map ") occurs prior to
the issuance of such first building permit."
"In the event approval of a Second Subsequent Final Map
occurs prior to the issuance of such first building permit,
then partial payment of the remainder of the cost of
construction together with interest on the partial payment
shall be made prior to such approval. The partial payment
LAX2:156624.3 3
shall be calculated by multiplying the square footage of the
smallest parcel .shown on the Second Subsequent Final Map,
but in no event less than twenty -three thousand (23,000)
square feet, by an amount per square foot equal to the cost
of construction divided by the square footage of parcel 2 of
LDM 92 -1, as shown on the Final Map. The balance of the
cost of construction together with interest on the balance
shall be paid prior to City's issuance of the first building
permit for any parcel shown on the Second Subsequent Final
Map, but in no event later than August 1, 1999."
IN WITNESS WHEREOF, the parties have executed this First
Amendment in originals the date first above written.
CITY OF MOORPARK
By
PATRICK HUNTER
Mayor
ATTEST:
LILLIAN E. HARE
City Clerk
STEPHEN R. ANDERSON TRUST
By
STEPHEN R. ANDERSON
Trustee
LAX2:156624.3 4 , %j - m