HomeMy WebLinkAboutAGENDA REPORT 1997 1001 CC REG ITEM 10DTo:
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Agenda Report
City of Moorpark
The Honorable City Council
ITEM 1O•
CITY OF MOORPARY. CALIFORNL4
City Councl Mating
-� of 199-7
ACTION:
Dirk Lovett, Assistant City Engineer
! l% r
September 18, 1997 (City Council Meeting of Octo er 1, 1997)
Consider Release of Carl's Jr. Subdivision Improvement Agreement
On February 16, 1993 the City of Moorpark and Ventura Pacific Capital Group,
IV ( "Ventura Pacific ") entered into an Agreement For Construction Of
Subdivision Improvements ( "Agreement ") for Tract 4757 -1 (Mission Bell Plaza
phase 1). A copy of the Agreement is attached. The improvements included
street improvements to Los Angeles Avenue, Park Lane, Liberty Bell Road and
Lassen Avenue, on site storm drain, traffic signals at Park Lane and Liberty Bell
Road intersections with Los Angeles Avenue, water and sewer. Assessment
District 92 -1 was established to construct all the subject improvements. All
improvements were completed and accepted by the City in November of 1994.
Improvement bonds have been exonerated.
Discussion
Carl Karcher Enterprises, Inc. ( "Carl's Jr. ") contacted the City of Moorpark in
May of 1996 and informed the City that Carl's Jr. was intending to purchase lot 4
of Tract 4757 -1 from Ventura Pacific. Carl's Jr. stated that in order to obtain a
policy of title insurance they need to have the Agreement removed from the title
report. Historically, no follow up action has been required on such Agreements
after all of the required improvements have been completed and accepted by the
City. The Agreements are kept on file but remain of no effect when all terms
have been complied with. However, because there is no completion or expiration
clause in the Agreement, Carl's Jr. would prefer to remove the Agreement from
the property's title. They have paid for the staff work required for their request.
Carl's Jr. has prepared a Release of Covenant And Agreement ( "Release "),
attached. The City Attorney has reviewed Carl's Jr.'s request and the Release, as
to form. It is the City Attorney's opinion that the Release is acceptable with one
modification, which Carl's Jr. has made, but questioned why the Release is not
applicable to all of Tract 4757 -1. The property owners of Tract 4757 -1 (Ventura
000i79
Pacific) were notified of Carl's Jr.'s request. The City forwarded the draft
Release to Ventura Pacific in March of 1997, offering them the opportunity for a
similar Release from the Agreement. Ventura Pacific notified the City this
September that they are not concerned or interested in such a Release for the
remainder of the lots. As such, the Release for the Carl's Jr. lot, only, is being
submitted to the City Council.
-' • 1 ' •. •
1. Approve and authorize the Mayor sign the Release.
2. Direct the City Clerk to record the Release.
Attachments -2
cc: chron
86.540
0001.80
'Re lea Sc
This Space For Recorder's Use On)y:
RELEASE OF COVENANT AND AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT CERTAIN COVENANT AND AGREEMENT (entitled "Agreement For
Construction Of Subdivision Improvements ")
BY AND BETWEEN
VENTURA PACIFIC CAPITAL GROUP VI,
A CALIFORNIA LIlVIITED PARTNERSHIP ( "Developer ") and the CITY of
MOORPARI, a municipal corporation ( "City "), which
Recorded March 5, 1993 as Instrument No. 93- 039976, of Official Records,
County of Ventura, California, affecting certain real property including but not limited to the
real property described below, is hereby released and terminated as to the obligations of
the Grantor and City with respect to only the property described below:
PROPERTY DES RIPTION:
LOT NO.4 OF TRACT NO, 4757-1, IN TIDE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CA1<,IFORNIA, PER MAP RECORDED IN BOOK 124,
PAGES 65 TO 67, INCLUSIVE, pF MAPS, AND JANUARY NDE 9 B AFFIDAVIT
` �N,I,
CERTIFICATE OF CORRECTION
NO. 95_000191, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CITY OF MOORPARK, CA
LIM
Rev. 9 -09 -97
City of Moorpark
000181
_ ree
` J Se: =ee
A.R.
i=
_ - •rah
•Y
go.,�cded
County Of
v-?ntura
•;:rtarz! 7. Dean
3ecorde:
i10CR
silt CO2ISTRui.TION OP SUBDIVISION I?1PR09E'[ENTS
.0
'51
This AGZr:EEMENT is entered into this 16th day of
February, 1993, by and between VENTIIRA PACIFIC CAPITAL GROUP, VI,
a California lirited partnership, whose address is 340 Rosewood
alifornia,
Avenue, Suite D, Camarillo, C Mo
of hereinafter
referred to as "Developer" and the City of Moorpark, California,
a municipal corporation, hereinafter referred to as "City ":
RECITALS: '
on January 6, 1993, the Developer obtained the City's
approval of a final subdivision map on land known as Tract
No. 4757 -: and commonly referred to as Mission Hell Plaza
( "Subject Tract"); the City desires that Developer be
contractually obligated to construct certain improvements0on the
Subject Tract- should Assessment District No. 92 -1 ( "AD 92 -1 ") not
be forred to crovide those improvements or should AD 92 -1 be
dissolved prior to completion of these improvements,
NOW, _ IRE'.DRE, in consideration of the City's approval of
na? Tract Nap Nc. -57 -1 prior to construction of the
-o ire by con diticns to Tentative Tract Map
ir_= °;cme-ts __c ^-r s- ~orate a ^,ree as follows:
No - --
_ _se t ^at De': =1 -cep is the owner of the
ran
-and the Cit-�yco-�-_s_.
AD 9Z_- ir. - oc2zs of being formed for the
2' _ _ S.Z yr -c and c °n^le_ting, fcr the
�a -.in. cons�ruc Phase I
Subin°f t, '- and ste=m drains described in
Sucj�ct :reef. a,l s. = =e _s
p,z�s and specifications under the City's Drawing Number 92 -ML-
1-04:'5, whica is on _file in the office of the City's Public Works
Direc *_or, al: w_=er and sewer impr :vemer.ts described in Ventura
,...��'ers _Q7 °�g -LO-g , whic`. are on file in the
County Draa.n! ,.�•....___ '
vF :;� , C ::nt P :blic Works Director, Ventura,
_.._-e o� .Y._ ,gin ::ra
'__cc= :ontrol .-pray = ^tints described in Ventura
-ti__ W. ich are on file in the
ccl;n; _v ^,r-_wl r:a :�'�... - ' - - - -- District,
Ventura,
- to ' :entur:�._...._ race Ccncro;
=e - -- - :.es Angeles Avenue
,ffic signals required
a . -5' and r.escribed in
t'rorr ?,_ „1 ?base II and approved
Ci 1nd Ca ltrans (Collectivel }•
b'. the ---t '' = -� -_- ” 'h-2 _ in- spec' fication ara
• i.`.S,i �.3 ^.�.a, .._•_ .. -�aLjn oast OfJth;s
Ins
_..h ^at __ngth herein.
Cf for any structure on the
= - • = - - _ _ i -: :rove -tints .... _
�-ha r-Cvqjcnsr shall -41a with the City, in accordance
-4ith t c C, Subdivision. ord4nancs and with the Subdivision
j1
r;
Improvements to be constructed by the
security for the payment cof la borers and
Agreement and a separate o those Improvements.
materials t
fut -nir h labcr or mat l
materialm-ar, who ,
AD 92-1 is not fcr=cd, each security shall be in the amount of
If
0 dollars; if AD 92-1 is dissolved, each security
(100%) of the
,h -111 be in an &-.Clint equal to one hundred percent
ncomplete at the time of the dissolution
W
Innro,jenentz unat are
by the City Engineer of the City. The Developer
been co=o1sted, either by AD qz-I or the Developer, and accepted
ix
as cc,-.ujete by the City council of the City.
4
If, for any reason, AD 92-1 is not formed or is
the Improvements and their
dissolved Prior to the completion of
as complete by the city Council of t he City, the
_;j
ccnplete.
acceptance
finance, Developer shall. e, construct and complete the Improvements
thS securities become insufficient in
months after the approval of Final Tract Map
is within fifteen (15)
t'n-1 7f the C;�Lv, the eveivner shall- renew said
by the city within ten
:77
sscuri 'n an a7cunt deemed sufficient
da,:_ aft�., d emand from the city therefore.
not form6d,
'To. 4751--1, if AD S2-1 or
months of the dissolution Of AD 92-1, if AD 92- 1 is dissolved.
Improvements is
7. Dqvalopar warrants that the drawings, plans and
If the time for completion and acceptance of the
by th, Ct the eytens ion shall not affect the validity
-recif,cat;Cns refsrrsd to in par-araph 22 hereof are in
t, ve -'racl: `lap No. 4757-1 and
OX tended y,
rity filed with
of this Agreement cr release any security the Citl
P
pursuant to ?aragraph 6 hereof.
S. Developer irravoca:31Y offers any improvements that it
I
constructs to the City for public use, except the following:
(a) All wate r and sewer improvements shown on Ventura
County Drawing Nos. 107885-107891, which are irrevocably offered
to Ventura County Water works District No. 1.
(b) All f1ood control improvements shown on Ventura
County Draving !dos. N/A which are irrevocably..---
I to the Ventura County Flood Control District."
offered
�-ha r-Cvqjcnsr shall -41a with the City, in accordance
-4ith t c C, Subdivision. ord4nancs and with the Subdivision
j1
_4�-y for the faithful performance of the
Man Act, secu-1- Z
Developer pursuant to this
Improvements to be constructed by the
security for the payment cof la borers and
Agreement and a separate o those Improvements.
materials t
fut -nir h labcr or mat l
materialm-ar, who ,
AD 92-1 is not fcr=cd, each security shall be in the amount of
If
0 dollars; if AD 92-1 is dissolved, each security
(100%) of the
,h -111 be in an &-.Clint equal to one hundred percent
ncomplete at the time of the dissolution
Innro,jenentz unat are
by the City Engineer of the City. The Developer
as dete--nined
the securit iss with the City within ten (10) days
ix
shall f:!.n
-ts frcm tts Cty therefore, which demand
4
92-1 is not formed or is dissolved lved
sh-11 I r-;t �e 71 -�11 U-1ess AD -
-4_ -- CC-1pleted and accepted as
.Tr t- b_
_;j
ccnplete.
thS securities become insufficient in
t'n-1 7f the C;�Lv, the eveivner shall- renew said
by the city within ten
:77
sscuri 'n an a7cunt deemed sufficient
da,:_ aft�., d emand from the city therefore.
7. Dqvalopar warrants that the drawings, plans and
-recif,cat;Cns refsrrsd to in par-araph 22 hereof are in
t, ve -'racl: `lap No. 4757-1 and
'he :proved 7enta
W;t,- tie'
acc3r!falc-_ by the C'ty Council of the
P
_ .. '�!7Y"'Aprw�`.i'c_y„�°!•a'�!s
•T�K'.'•'r....�.....
«•: wMil4M %r4(i7�g7'►,'gQ�:ft:•.��_..: -. ...�y•- »w!+',Q!!L^^• -• -.
1�-r•ti•�i�:�S= `:'4:.:tirX+L'- .2: •c...s':
_ ._ .......••arii+%_ �•.sj��tita:w.i+..r:. • �•�R�d•.�+�. --' �.. .
City for said suhdivisicn.
:;rc•slcrer further warrants that said
draw. gs clans and
specifications are adequate to accomplish
of t ^e
:n_rc- ,ecC -:s i€ they are constructed in a
cocr.`ard vcr:c_aaiiia
ca-r.__ and in accordance with accepted
- a
cors`_r,. t-o ^. practices.
s :culd the C_ responsible for constructing any of
the I_•rrc+e-.ra and said drawings, plans and specifications
:•� - F2� "�?yF -.��' th:.refcre at any time prior to acceptance of the Improvements as
wr•;- .�:{:`� ° �' cc =p :e`e :y the City C:.unci: of the City, prove to be inadequate
•?:i 'r` in any rpsaect, then the - ev-loper shall make such changes are as
'= `z rececsarj `o c.mple`e said cr.•iecents in a good and workmanlike
:- _ �_• .
inner in accorda. _e :it., ac:=_pted construction practices.
2. T:-.e Devi: ^.tier :,hall construct the Improvements for
which it is responsible in a ;cod and workmanlike manner to the
• `� "' satisfaction of the City Engineer of the City. Said Improvements
arc•
4: '• °,' shall not be deemed ccaplete until they are accepted as complete
" by the City Council of the City. Said acceptance shall
constitute acceptance of the offers of the Improvements for
public use as set forth in Paragraph 5'hereof.
7. The following requirements shall apply to the
cx;; iccyy
1-,provei+4nts constructed by the Developer:
:f `r �g'rt '•• i A 50.:3 E ^y:, ,cr acceptable to the City Engineer
._f+l �} : :tY ;w�;i �-•• n� nrj and paid by the Developer.
f,._ .. s P1�Y
_ 7 -Itk_ t-
;_? shall per:orm aaterials test-
shall
:' v h•? 2.,,. y `'':n :... �., .. .:T ^. .nt^.rprctation of test
e.s {` •L � r.• t;12•.y Jar,• `�•�r..+ «.t►«.�r ;'•�; «��." `,ha atro!ot portion of the
„ t tl� '• . :)�;l..rt• 11`h tt'•_ • - g%quirenentsrset forth, in
r-,, ';• �* A-! and A -3 (a) , of the Ventura County
"'r r ?0`1 ,rt`I i.7 r,'? : `j ;�'�r Intl Y;•; tin Clty.
.' -`" `S• `• 4`C,., r• 7;i•^ :ir1� j:•+ ^n" ..hlj, ^tovid^ thgS City with
ry 3 � r ^..:r *•, �r.:n' .. .. �• .'^ rnr.. . •. of thr t r.ting, the interpretation
.-
�.� - ..•� a-saign�v
dr In connection with
�r•-ert filed, tn^ Soils Engineer
# n.• z:J trc thetinq, interpretation, and
.cv- �'.ir.. with the arp:ieable
-.i
,t�• nr.,_. br ,ail ^d c delive-red to
'r "i;a?SL ('t- Th�f ' :�;�•4` ;.�C'.i.ri �: tho Improv,!Menis shall he
'f• *.r : *.nl -n deaign, and any
";�` ..°•.'r'''te .f �� ::':c:... ^r :. ` - :. - • - s, :- rover] by thn City Enginr.hr, of
.' •,� n. -. ._ .;r..nr:c ty >r,. City CCt :ncil
:. : :. <:.. - - �f •,•r •d pr. •r i r.n l : ract Mao No.
()(103,84
It +
;i AY'A
4W
J -S7�1
vy
3EM
4757 -1 until t::
A
9
prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party
prepared the Agreement or caused it to be prepared.
16. 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.
'-
17 In the event any action, suit or proceeding is brought
.:.
for the enforcement oi, 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.
4,£
18. Any demand to be given pursuant to this Agreement shall
be in writing, and all such demands and any other document to be
;.
delivered shall be delivered by personal service or by deposit in
the United States mail, certified or registered, return receipt
requested, with postage prepaid, and addressed to the party for
whom intended as follows:
TO: city of Moorpark'
> -
'�
799 Moorpark Avenue
Moorpark, California 93021
1.
Attn: City Manager
4: --
':• -
TO: Ventura Pacific Capital Group VI>
=
340 Ros "wood Avenue, Suite D
�� =
a
Canaril;o, California 93010
-
Attn: Nero 11. Spondello, Jr.
Either pa -tv may, from time to tine, by .critten notice to
o
the cther, des.gnate a dif Trent addrec3 which shall oe
s ��
substituted for the one stove :,pec_fiea. Demands and c`h ^_r
's
-'ocu,3-nts shall- t_ deemed d2liverc,' upon receipt by per:onal
-=✓
zervici or up3n deposit in the Untied States :nail.
tiir,_;%,�.• max
.... rC
_-
*'
tom'.. i •"' L 4
r.
,S
i_
Cte
1ji11 ,
'`;4Y� Y
>".• :. `.. �^
�.�Y
j -
_4 'e �k�� 1
?.:. ..
� '^ - .r- .iii a•'f ' !..
-.. .._ .�+�sr_._.. .r. t.1•_..i.
I i'N.1 s ��.
i .___. __ _.».u_..�i•..,�1_
19. This Agreement shall run with the land and shall bind
and obligate, -and inure to the benefit of, the successors and
assigns of the parties hereto.
I VENTURA PACIFIC CAPITAL GROUP
vi, a California limited
partnership,
By: J .
#W'
By:
46HARD OEVERICKS,
General Partner
A-LTEST:
CITY CLERK
(SEAL)
VENTURA CAPITAL GROUPS, INC.,
a California corporation,
General Partner
By O 0'.
SFONDELLO JR.
EM
presildent
L/-
"DEVELOPER"
CITY OF MCORPARK
By:
{�F3z-- irr_iaiw'!e- avatr -et'�.
�+ateX �J
SCGTT MONTGOMERY
Mayor Pro Tem
"Ci Y"
(TO 3F NOTARIZED)
—7—
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.,i �- s - W, '
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LIFORNIA ALL-PURP05E ACKNOWLE��E �� OPTIONAL SEciION ,
I»pvzs CAPACRY CLAIMED BY SIGNER
W. State of beLo". nvyft a,. Wee P' >o
Ids .ft m. as o.w.. da^0 .0'O.T poY. J`
VEISPtna .o..rw. a P.,• ^�^ v an r douswc �S
County of public ❑ INDIVIDUAL
E Fern Eck CM %OTAP't wtnIc• CORPORATE OFFICER(%
On _ 2/16 /93 before me. �Afs_WLEOFOFF-CEA EG -'
CAM q TntE(St TA
arCd�wi °•m wT gnpn[lP� LIMITED I
personally appe wwEtsOF s c�E evidence ®PARTNER($) ❑
GENERAL
®personally known to me - OR - ❑ Proved to me on the basis of satisfactory is/are
to be the person(s) whose name(s) ❑ ATTORNEY -IN FACT
subscribed to the within instrument and ac- TRUSTEE(S)
knowledged to me that Wshelthey executed ❑
the same in hislherltheir ut otherd ❑GUARDrAN�ONSERVATOR
capacity(ies). and that by his/he
OTHER: y
signature(s) on tt/e instrument the person(s). ,
or the entity upon behalf of which the
A c> aN EcxE�� _j person(s) acted. executed the instrument. SIGNER IS REPRESENTING:
MµE OF.E05 -_` ;S! On ErR"*SI
.1 fJD' "ECCCSfa"0 WITNESS m hand and official seal. Ventura pacific Capit:ai
%` v_xuaACOtmiY Group VI P
QOM �
11.19%
SK.�AIUrt OF NOTAwv aOVD9 Inc • Y
OPTIONAL SECTION r t Of Ste' i pion T so�3'• J
6 DATE OF DOCUMENT 2/16/93
THIS CERT'.fICATE MUST R 8E0 AT RIGHT: TO TITLE OR TYPE Of pOCUME
HE DOCUMENT DESC NUM9ER OF PAGES Paul W.
Ta'"rr�n f
.d rwe .. "a M*Wed nv w' SIGNER(S) OTHER THAN NAMED ABOVE
T1p{b1 Or Owh aus$m ro.9aCt, • a 6.s lotm PO 90. 716+ • C4M0v P%ML CA 9':.C9.7 •�
ACal4 R,wMM R.m t AN..
t?9Z ♦IATM�F+AL NOTARY ASSOCIATION • 67l6
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