HomeMy WebLinkAbout2002-05-28 - AGENDA REPORTS - MITIGATION AGMT QUIGLEY CYN (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approva
Item to be presented by: Mark Yamarone
DATE: May 28, 2002
SUBJECT: QUIGLEY CANYON LENNAR COMMUNITIES OAK TREE
MITIGATION AGREEMENT
DEPARTMENT: Transportation & Engineering Services
RECOMMENDED ACTION
City Council approve the oak tree mitigation agreement with Stevenson Ranch Venture,
LLC/Lennar Communities; and authorize the City Manager or designee to execute all
documents related to the agreement, subject to City Attorney approval. Increase Estimated
Revenues in Account No. 001-6714 by $120,000 and Account No. 301-6714 by $67,500 to
account for the reimbursement from Lennar Communities.
BACKGROUND
The City acquired the "Beazer Back Country," an area of 158 acres in Quigley Canyon, on
October 30, 2001. Lennar Communities offered to subsidize a portion of the purchase price as
part of an agreement to provide a protected open space area, with oak tree habitat suitable to
Los Angeles County's forester. Lennar's oak tree mitigation requires the planting of a total of
136 Coast Live Oak and Valley Oak trees. The Quigley Canyon site already has established
groves of mature oaks and was found suitable for the new plantings. The agreement, as
proposed, further requires that Lennar and their landscape consultants establish irrigation and
provide maintenance of the trees for five years.
This item will establish the City -owned Quigley Canyon property (Beazer Back Country) as a
designated open space, and accept the addition of 136 Coast Live Oak and Valley Oak trees as
a mitigation requirement imposed on Lennar Communities by the County of Los Angeles.
Lennar and their subcontractors will be obligated to establish and maintain the trees and
irrigation systems for five years. In addition, Lennar agrees to pay $187,500 to the City as
reimbursement for the property purchase.
ALTERNATIVE ACTION
Other action as determined by the City Council.
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Agenda Item:
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QUIGLEY CANYON LENNAR COMMUNITIES OAK TREE MITIGATION AGREEMENT
May 28, 2002 — Page 2
FISCAL IMPACT
The purchase of the Quigley Canyon property was financed 64 percent ($525,000) by the
General Fund and 36 percent ($300,000) by Bouquet Canyon Bridge and Thoroughfare funds.
The monies received from Lennar Communities would be reimbursed to those funds based on
the same percentage.
ATTACHMENTS
Limited Construction and Maintenance Services Agreement
Letter of Agreement dated April 22, 2002
Exhibit Map
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City of Santa Clarita
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23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355-2196
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Phone: (661) 259-2489
Fax: (661)254-3538
LIMITED CONSTRUCTION AND MAINTENANCE SERVICES AGREEMENT
AGREEMENT NO. AQ 02-06
This Agreement is entered into by and between the City of Santa Clarita, a municipal corporation in the State
of California, hereinafter "City," and Stevenson Ranch Venture LLC/Lennar Communities, hereinafter
"Contractor."
1.
2.
3.
4.
Scope of Services
It is intended that this Agreement shall govem all work performed by Contractor, in conjunction with the
performance of the attached Installation and Maintenance Agreement for Oak Tree Mitigation Within
Quigley Canyon. Scope and duration of this agreement are limited to the Quigley Canyon project, as
described in the attached Exhibits.
Independent Contractor
Contractor is an independent contractor and not an agent or employee of City. As an independent
contractor, Contractor shall obtain no rights to retirement, health care or any other benefits which accrue
to City employees. Contractor expressly waives any claim Contractor may have to any such rights.
Assignability
The expertise and experience of Contractor are material considerations for this Agreement. Contractor
shall not assign or transfer any interest in this Agreement or the performance of any of Contractor's
obligations without the prior written consent of City. Any attempt by Contractor to assign or transfer any
of Contractor's rights, duties or obligations arising under this Agreement shall be void. City
acknowledges its understanding that Contractor, in the performance of its duties pursuant to this
Agreement, may utilize subcontractors.
Insurance
A. General Insurance Requirements
1. All insurance shall be primary insurance and shall name City of Santa Clarita, its officers,
agents, and employees as additional insureds. The naming of an additional insured shall not
affect any recovery to which such additional insured would be entitled under the policy if
not named as an additional insured, and an additional insured shall not be held liable for any
premium or expense of any nature on the policy or any extension thereof solely because they
are as additional insured thereon.
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2. If the operation under this Agreement results in an increased or decreased risk in the opinion
of the City's Risk Manager, then Contractor agrees that the minimum limits herein above
designated shall be changed accordingly upon written request by the Risk Manager.
Contractor agrees that provisions of this paragraph as to maintenance of insurance shall not
be construed as limiting in any way the extent to which Contractor may be held responsible
for the payment of damages to persons or property resulting from Contractor's activities, the
activities of its subcontractors, or the activities of any person or persons for which Contractor
is otherwise responsible.
4. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above
insurance coverage with a company acceptable to the City's Risk Manager shall be submitted
to City prior to execution of this Agreement on behalf of the City.
5. The terms of the insurance policy or policies issued to provide the above insurance coverage
shall provide that said insurance may not be amended or canceled by the carrier, for non-
payment of premiums otherwise, without 30 days prior written notice of amendment or
cancellation to City. In the event the said insurance is canceled, Contractor shall, prior to
the cancellation date, submit new evidence of insurance in the amounts heretofore
established.
6. All required insurance must be in effect prior to awarding the contract, and it or a successor
policy must be in effect for the duration of the contract. Maintenance of proper insurance
coverage is a material element of the Agreement and the failure to maintain and renew
coverage or to provide evidence of renewal may be treated by the City as a material breach
of contract. If Contractor, at any time during the term of this Agreement should fail to secure
or maintain any insurance required under this Agreement, City shall be permitted to obtain
such insurance in Contractor's name and shall be compensated by Contractor for the cost of
the insurance premiums.
B. General Liability and Property Damage Insurance
Contractor agrees to procure and maintain general liability and property damage insurance at its
sole expense to protect against loss from liability imposed by law for damages on account of bodily
injury, including death therefrom, suffered or alleged to be suffered by any person or persons
whomsoever, resulting directly from any act or activities of Contractor, its subcontractors or any
person acting for Contractor or under its control or direction, and also to protect against loss from
liability imposed by law for damages to any property of any person caused directly or indirectly by
or from acts or activities of Contractor, or its subcontractors, or any person acting for Contractor,
or under its control or direction. Such public liability and property damage insurance shall also
provide for and protect City against incurring any legal cost in defending claims for alleged loss.
Such general liability and property damage insurance shall be maintained in the following
minimum limits: A combined single limit policy with coverage limits in the amount of $2,000,000
per occurrence will be considered equivalent to the required minimum limits.
C. Automotive Insurance
Contractor shall procure and maintain public liability and property damage insurance coverage for
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automotive equipment with coverage limits of not less $500,000 combined single limit. If
Contractor does not own automobiles, Contractor shall provide a waiver releasing City from all
liability resulting from Contractor's use of personal vehicles on project.
D. Worker's Compensation Insurance
Contractor shall procure and maintain Worker's Compensation Insurance in such amount as will
fully comply with the laws of the State of California and which shall indemnify, insure, and
provide legal defense for both Contractor and City against any loss, claim, or damage arising from
any injuries or occupational diseases happening to any worker employed by Contractor in the
course of carrying out the Agreement.
5. Indemnity
City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers
(individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person
for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and against, any
and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies,
costs and expenses of whatever nature, including reasonable attorney's fees and disbursements
(collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of
use of property, economic loss or otherwise occurring as a result of or allegedly caused by the
Contractor's performance of or failure to perform any services under this Agreement or by the negligent
or willful acts or omissions of Contractor, its agents, officers, directors or employees, committed in
performing any of the services under this Agreement.
If any action or proceeding is brought against Indemnitees by reason of any of the matters against which
Contractor has agreed to indemnify Indemnitees as provided above, Contractor, upon notice from City,
shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be
unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees
are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be
maintained by Contractor in this Agreement shall not limit the liability of Contractor hereunder. The
provisions of this section shall survive the expiration or earlier termination of this Agreement.
The provisions of this section do not apply to Claims occurring as a result of the City's active negligence
or willful acts of omission.
6. Termination
A. City may terminate this Agreement with or without cause at any time by giving 5 days written
notice of termination to Contractor. If City gives such notice of termination, Contractor shall cease
immediately all work in progress.
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B. If Contractor or City fails to perform any material obligation under this Agreement, then, in
addition to all other remedies, City or Contractor may terminate this Agreement immediately upon
written notice.
C. Upon termination by either City or Contractor, Contractor shall deliver to City all property of City
in Contractor's possession and copies of all reports, documents, and other work prepared by
Contractor under this Agreement. Contractor shall furnish to City a final statement of the work
performed for compensation. The statement shall indicate the task to which the work performed
is to be charged. Such statement shall also include a detailed record of actual reimbursable
expenses, such as but not limited to reproduction costs and long distance telephone charges. City
will prepare a warrant payable to Contractor in the amount approved by City. City will then make
final payment to Contractor for services performed and reimbursable expenses incurred, subject
to the limitation on reimbursement set forth in this Agreement.
D. Contractor may terminate this Agreement at any time upon 5 days written notice of termination to
City.
7. Law to Govern: Venue
The law of the State of California shall govern this Agreement. In the event of litigation between the
parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of
litigation in U.S. District Court, exclusive venue shall lie in the Central District of California, in Los
Angeles.
8. Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state
and local government.
9. Nondiscrimination
Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color,
religious creed, national origin, ancestry, physical handicap, medical condition or marital status in
connection with or related to the performance of this Agreement.
10. Ownership of Materials
All reports, documents, computer disks, diskettes or other materials developed or discovered by
Contractor during the course of this Agreement shall be solely the property of City.
11. Waiver
Waiver by City or Contractor of any breach of any of the provisions of this Agreement shall not constitute
a wavier of any other provision nor a waiver of any subsequent breach or violation of the same or any
other provision of this Agreement. Acceptance by City of any work or services by Contractor shall not
be a waiver of any of the provisions of this Agreement.
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12. Conflict of Interest
Contractor shall at all times avoid conflict of interest or appearance of conflict of interest with the
interests of the City in the performance of this Agreement.
13. Dispute Resolution; Performance After Dispute
A. All disputes concerning the interpretation, performance, breach or termination of this Agreement
shall be decided by binding arbitration before a retired federal or California judge, according to the
provisions of Section 1280 et seq. of the California Code of Civil Procedure, through the Los
Angeles County offices of the Judicial Arbitration and Mediation Service ("JAMS"). The parties
shall attempt to agree upon a retired judge from the JAMS panel, but if they are unable to agree
within 30 days after commencement of a proceeding, JAMS will provide a list of three available
judges and each party may strike one. If for any reasons JAMS is unavailable, the dispute shall be
decided by a retired federal or California judge, sitting as an arbitrator, and selected by the parties.
If the parties are unable to agree upon a retired judge within 30 days after receipt of written notice,
a retired judge shall be appointed by the Presiding Judge of the Los Angeles County Superior
Court. The arbitrator shall render a written decision stating reasons therefor in reasonable detail
within 60 days after his appointment. The arbitrator's award shall be final and enforceable and
may be confirmed by the judgment of a court of competent jurisdiction. The prevailing party shall
be entitled to recover its costs of arbitration, as well as costs and attorneys' fees, and expert witness
fees, as determined b the arbitrator, as well as costs and attorneys' fees in any proceedings to
enforce an award. The parties reserve their rights to obtain provisional remedies from the courts,
and no application for any such remedy shall be deemed inconsistent with the obligation to arbitrate
disputes.
B. Except for nonpayment of any portion of a statement presented to City by Contractor, if any dispute
arises between the parties to this Agreement, Contractor shall continue to perform pending
resolution of the dispute.
14. Prior Agreements and Amendments
This Agreement, including any Exhibits attached to, or incorporated herein by reference, embodies the
entire understanding of the parties with respect to the matters addressed in this Agreement and the
Exhibits and supersedes all other agreements entered into between the parties prior to the execution of
this Agreement. No amendment of this Agreement shall be valid unless in writing duty executed by the
parties or their authorized representatives.
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By signing this Agreement, the person signing states that he or she is authorized to enter into contracts on
behalf of Contractor. The undersigned, on behalf of Contractor, binds Contractor, its partners, successors,
executors, administrators and assigns with respect to the terms and conditions of this Agreement.
WITNESS THE EXECUTION of this Agreement on the day and year signed below.
FOR CONTRACTOR:
By:
Stevenson Ranch Venture LLC/Lennar Communities
Contractor's Name: Lennar Communities
Stevenson Ranch Venture LLC
Address: 25129 The Old Road, #316
Stevenson Ranch, CA 91381
Telephone:
Federal Tax Identification No.
Contractor License No. and Class:
FOR CITY:
0
Attest:
(661)799-2482
Date
City Manager of the City of Santa Clarita Date
City Clerk of the City of Santa Clarita Date
Approved as to Form:
City Attorney of the City of Santa Clarita
tes:\Contracts\AQ 02-06 Lennar
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Date
05/07/02
EDAW INC
April 22, 2001
17875 VON KARMAN AVENUE
Ms. Barbara Stoll
Acquisition Specialist
SUITE 400
City of Santa Clarita
IRVINE CALIFORNIA
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
92614
Re: Final Installation and Maintenance Agreement For Oak Tree Mitigation
Within Quigley Canyon
TEL 949 880 8044
Ms. Stoll:
FAX 949 660 1046
On behalf of Stevenson Ranch Venture, LLC (SRV), we are writing this letter to
LICENSE NUMBER 1906
outline the final Quigley Canyon oak tree installation and maintenance agreement.
This correspondence updates our March 4, 2001 correspondence. The proposed
www.odaw.com
maintenance and monitoring of oaks have been developed consistent with Mitigation
Measures 7 and 8 from page 60 of the approved April 2001 Stevenson Ranch Phase
III Addendum to the Canyon Springs Certified EIR. Per the most recent discussions
and correspondence, the following outlines the responsibilities of SRV and the City
of Santa Clarita for the Quigley Canyon oak tree mitigation project:
INSTALLATION AND MAINTENANCE AGREEMENT ITEMS
1. SRV agrees to fund the City's purchase of 25 acres of existing Coast Live Oak
Habitat within Quigley Canyon. As we have previously discussed and as
required by the mitigation, the City will amend the General Plan and Zoning to
ensure long-term preservation or place a conservation easement over the 25 -acre
area. (Refer to the attached "approved" Planting Plan which identifies the
location of the existing 25 -acre Coast Live Oak habitat area).
2. The 25 acres would be funded by SRV at the City's requested price of
$7,500.00/acre for a payment to, the City of $187,500.00.
3. The City agrees to set aside acreages as shown on the attached "approved"
Planting Plan within Quigley Canyon for SRV to plant/create Valley Oak and
Coast Live Oak Habitat. SRV would also be responsible for the 2-3 year
irrigation maintenance and required monitoring and replacement for a period of 5
years. (Refer to the attached 4/11/02 Frank Hovore and Cal-Scapes
Environmental Cost Estimate which identifies the specifics for oak tree and
irrigation installation as well as required maintenance and monitoring).
4. SRV agrees to pay the cost for construction/installation and maintenance for the
96 coast live oak trees and 40 valley oak trees as outlined in the Cal-Scapes' and
Frank Hovore's letter proposal dated 4/11/02 and as depicted on the Final
Quigley Canyon Valley Oak Tree Planting Plan, dated April 22, 2002.
5. SRV agrees to pay the costs (a total estimated amount of $15,521.72) associated
UNITED STATES with the main line service installation as outlined in the attached cost proposal by
Newhall County Water District, dated 3/26/02.
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ASIA - DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE
Ms. Barbara Stoll
22 April 2002
Page 2
Signature blocks have been provided below to indicate SRV's and the City's
acceptance of the requirements and responsibilities outlined in this agreement. With
this agreement and final inspection in 5 years, SRV would have been fully complied
with the condition. Please do not hesitate to give us a call at (949) 660-8044 if you
have any questions related to this agreement letter. We look forward to finalizing
this agreement in the next week so Frank Hovore and Cal-Scapes can begin the
construction and planting.
Best regards,
AGREED BY:
STEVENSON RANCH VENTURE, LLC
a Delaware limited liability company
By: Lennar Stevenson Holdings, L.L.C,
a California limited liability company, a member
By: Lennar Homes of California, Inc.
a California corporation
Its Manager
By:
Its: Vice President
AGREED BY:
CITY OF SANTA CLARITA
By:
Title:
Date:
cc: Teresa Sousa, Lennar Homes
Alex Herrell, Lennar Homes
Steve Hunter, Land Design Consultant
Frank Hovore, Frank Hovore & Associates
Daryl Koutnik, County of Los Angeles
Attachments:
1) Frank Hovore/Cal-Scapes Installation and Maintenance Proposal — 4/11/02
2) Quigley Canyon Valley Oak Planting Plan — 4/19/02
3) Newhall County Water District Cost Proposal — 3/26/02
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DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
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