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HomeMy WebLinkAboutRES CC 2019 3785 2019 0206 RESOLUTION NO. 2019-3785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN AGREEMENT FOR THE ACCEPTANCE OF ORA ASHFORD MAINTAINED LANDSCAPE AREAS IN THE MERIDIAN HILLS DEVELOPMENT INTO ASSESSMENT DISTRICT AD-07-02, PAYMENT FOR CERTAIN LANDSCAPE IMPROVEMENTS, AND PARTIAL TERMINATION OF ORA ASHFORD'S REMAINING OBLIGATIONS UNDER A DEVELOPMENT AGREEMENT WHEREAS, the City Council approved Residential Planned Development (RPD) 99-02 and Tracts 5187 which allowed West Pointe Homes to construct the Meridian Hills housing project, which later also included housing units in Tract 5405 ("Project") within the City of Moorpark; and WHEREAS, The City and West Pointe entered into a Development Agreement, dated January 23, 2002, pursuant to which the Developer agreed to comply with the conditions of approval of the Tentative Map, and WHEREAS, subsequent to the approval of Tract 5187, West Pointe Homes, sold the Project to William Lyon Homes in 2003 and then William Lyon Homes sold the Project to ORA Ashford 94, LLC, ORA Marquis 89, LLC, and ORA Brighton 17, LLC (collectively, ORA Ashford), as managed by the Resmark Companies, in 2008; and WHEREAS, the conditions of approval of RPD 99-02 required construction of certain landscaping improvements within the tract and formation of an assessment district (Assessment District No. AD-07-02) within the tract to fund the costs of City maintenance of these landscape improvements at such time as the maintenance is taken over by the City; and WHEREAS, William Lyon Homes constructed some of the Landscape Improvements in Tract 5187 and in the later approved Tract 5405 prior to sale to ORA Ashford (Phase I Landscape Improvements), and WHEREAS, ORA Ashford was responsible for completing and maintaining those Phase I Landscape Improvements until the City deemed them complete and accepted them into the Assessment District No. AD-07-02, and WHEREAS, In Fiscal Years 2007/08, 2008/09, 2009/10, 2010/11, 2011/12, and 2012/13, the City levied and collected assessments to fund the LMD Services (the "Assessments") under the LMD Act. The City levied and collected assessments from ORA Ashford as an owner of property in the LMD, in the amount of six hundred ninety- seven thousand ninety dollars ($697,090); and Resolution No, 2019-3785 Page 2 WHEREAS, in 2014 ORA Ashford sold the Project to K. Hovnanian Homes but retained the obligation to complete the Phase I Landscape Improvements, and WHEREAS, ORA Ashford have requested that City complete the required Phase I Landscape Improvements and take over the maintenance obligations for the Phase I Landscape Improvement areas using unspent funds collected from the Assessments; and WHEREAS, ORA Ashford and the City have negotiated a resolution of their respective disputes with the other over the completion, funding, timing and other aspects of the process by which the Phase I Landscape Improvements will be completed and the resolution of other outstanding disputes and issues between ORA Ashford and the City; and WHEREAS, by separate agenda item, if and when the Agreement, entitled "Agreement for the Acceptance of ORA Ashford Maintained Landscape Areas in the Meridian Hills Development into Assessment District AD-07-02, Payment for Certain Landscape Improvements, and Partial Termination of ORA Ashford's Remaining Obligations under a Development Agreement," is approved by the parties, the City will then consider taking over the completion of the Phase I Landscaping Improvements and commence maintenance obligations for those Improvements using a specified amount of Assessments with the balance of ORA Ashford paid Assessments returned to ORA Ashford NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 The City of Moorpark hereby approves the Agreement, entitled "Agreement for the Acceptance of ORA Ashford Maintained Landscape Areas in the Meridian Hills Development into Assessment District AD-07002, Payment for Certain Landscape Improvements, and Partial Termination of ORA Ashford's Remaining Obligations under a Development Agreement," attached hereto as Attachment 1, and authorizes the City Manager to execute that Agreement on behalf of the City. Resolution No. 2019-3785 Page 3 SECTION 2. 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 6th day of February, 2019. •�� �ce S. Parvin, Mayor ATTEST: -$ Maureen Benson, City Clerk ���\�.� Attachment 1 - Agreement for the Acceptance of .'tiAW - rd Maintained Landscape Areas in the Meridian Hills Development into Assessment District AD- 07-02, Payment for Certain Landscape Improvements, and Partial Termination of ORA Ashford's Remaining Obligations under a Development Agreement ATTACHMENT 1 Resolution No. 2019-3785 Page 4 AGREEMENT FOR ACCEPTANCE OF ORA ASHFORD MAINTAINED LANDSCAPE AREAS IN THE MERIDIAN HILLS DEVELOPMENT INTO ASSESSMENT DISTRICT NO, AD-07-02, PAYMENT FOR CERTAIN LANDSCAPE IMPROVEMENTS, AND PARTIAL TERMINATION OF ORA ASHFORD'S REMAINING OBLIGATIONS UNDER A DEVELOPMENT AGREEMENT This Agreement is made and entered this day of February, 2019, by and between the CITY OF MOORPARK ("City"); on the one hand, and ORA ASHFORD 94, LLC., ORA MARQUIS 89, LLC, ORA BRIGHTON 17, LLC (collectively, "ORA Ashford"), on the other hand, (collectively, the "Parties"), for among, other things, memorializing terms and conditions for the City's acceptance of certain landscape areas in the Meridian Hills Development into Assessment District No. AD-07-02, payment to ORA Ashford for certain landscape improvements (described herein). RECITALS A. West Pointe Homes, Inc. ("West Pointe"), was the original owner of the real property located in the City known as the "Meridian Hills" residential development (the "Project") and subject of an approved tentative map (the "Tentative Map") for Tract Map 5187. Pursuant to City Council Resolution No. 2002-1938, pertaining to the approval of the Tentative Map, the City determined that certain improvements, including landscaping and drainage improvements, described in the Resolution were to be constructed by West Pointe and maintained and serviced by the City. Condition No. 26, set forth in the Resolution, required West Pointe to submit a petition and waiver to the City for the establishment of an assessment district to fund future costs for the maintenance of these improvements. B. The City and West Pointe entered into a Development Agreement, dated January 23, 2002, pursuant to which the Developer agreed to comply with the conditions of approval of the Tentative Map. Pursuant to Section 6.13 of the Development Agreement, West Pointe agreed to submit and gain approval of an Implementation Plan that addresses the construction responsibilities of West Pointe for all improvements required by the Tentative Map. The Development Agreement provides that prior to the sale or any transfer of ownership of any portion of Tract 5187 (except individual lots after construction of houses);-West Pointe shall seek City approval of an amendment to the Implementation Plan to address the responsibilities of each entity. Pursuant to Section 6.15 of the Development Agreement, West Pointe agreed to cast affirmative ballots for the formation of an assessment district. C. In 2003, William Lyon Homes, Inc. ("William Lyon"), purchased the Project from West Pointe and the Development Agreement was assigned to William Lyon pursuant to Section 3.2 thereof. Pursuant to Section 6.11 of the Development Agreement, William Lyon filed an application for tentative map for Tract Map 5405 (the "Affordable Housing Map"). Pursuant to City Council Resolution No 2003-2111, pertaining to approval of the Affordable Housing Map, the City determined that certain improvements including landscaping and drainage improvements would be constructed by William Lyon and maintained and serviced by the City. Condition No. 17, set forth in -4- Resolution No. 2019-3785 Page 5 the Resolution, required William Lyon to submit a petition and waiver to the City for the establishment of an assessment district to fund future costs for the maintenance of the landscape improvements. The assessment district could be a separate district or combined with the one for Tract 5187, so long as the lowest cost was provided to the homeowners of Tract 5405. Pursuant to Section 6.13 of the Development Agreement, William Lyon submitted and the City approved an Implementation Plan and pursuant to Condition No. 26 of Resolution 2002-1938 and Condition No. 17 of Resolution 2003- 2111, William Lyon filed a petition and waiver with the City requesting formation of an assessment district. D. In 2007, in accordance with the petition and waiver filed by William Lyon and pursuant to the Landscaping and lighting Act of 1972 (California Streets and Highways Code Section 22500 et seq. [the "LMD Act"]), the City formed Assessment District No. AD-07-02 (the "LMD") to fund maintenance and servicing of certain improvements, as described in Exhibit B to the petition and waiver (the "LMD Services"). E. Under that certain Mutual Release and Settlement Agreement, dated May 7, 2008, by and between the City and William Lyon, as predecessor in interest to ORA Ashford, William Lyon was obligated to construct certain public improvements in the LMD, however not all of the improvements were completed by William Lyon. F. In Fiscal Years 2007/08, 2008/09, 2009/10, 2010/11, 2011/12, and 2012/13, the City levied and collected assessments to fund the LMD Services (the "Assessments") under the LMD Act. The City levied and collected assessments from ORA Ashford as an owner of property in the LMD, in the amount of six hundred ninety- seven thousand ninety dollars ($697,090). G. The City asserts that the LMD was properly established and that the Assessments were properly levied and collected to fund the LMD Services and that ORA Ashford was required to complete certain improvements to the City's satisfaction, but because ORA Ashford failed to complete and thereafter maintain those improvements even as of the date of this Agreement, the City also asserts that it was precluded from accepting these improvements as complete and commencing the use of the Assessments to thereafter provide for the LMD Services. ORA Ashford asserts that it had satisfactorily completed these improvements and that the City should have accepted these improvements. H. The City further asserts that due to the failure of ORA Ashford to complete and maintain these certain improvements the City is authorized to use the Assessments to pay for the cost of acquiring and thereafter completing and correcting these certain improvements and fund the LMD Services. The location of these certain improvements are depicted on Exhibit A as Phase 1 Landscape Improvements ("Improvements"). ORA Ashford asserts that the City was not providing the LMD Services because the City had not accepted the Improvements and therefore the City should not have levied and collected the Assessments to fund the LMD Services. ORA Ashford further asserts that it is entitled to a refund of Assessments in a minimum amount of $697,090. ORA Ashford asserts that (1) the City refused to accept the Improvements causing ORA Ashford to spend about $5,000,000 in maintenance for the last 10 years; and, (2) the -5- Resolution No. 2019-3785 Page 6 City improperly required ORA Ashford to build the "hump trail" and the "ADA Retrofit Trail" that were not part of the Improvements, costing ORA Ashford about $500,000. In addition, ORA Ashford no longer has any interest in the Project, with the exception of three (3) open space lots located within the Project's boundaries (i.e., Lots D (APN 513- 0-140-255); F (APN 513-0-171-135; J (APN 513-0-130-115 (collectively, the "Open Space Lots") that were to be conveyed to the HOA and additional maintenance areas that contain the Improvements (the Open Space Lots and additional maintenance areas are referred to collectively "Maintenance Areas") Thus, ORA Ashford asserts that it has no longer any obligations under the Development Agreement; and, has satisfied the conditions for release of Grading and Improvements Bond No. 0611348 ("GI Bond"). The City disputes ORA's Ashford contentions, and disputes ORA is entitled to any monies as further detailed in these Recitals. I. In connection with entering into this Agreement, ORA Ashford also desires to convey the Open Space Lots to the HOA. ORA Ashford will convey the Open Space Lots to the HOA consistent with the Declaration of Covenant, Conditions and Restrictions, etc. recorded against the HOA's property. J. The Parties desire to enter into this Agreement to set forth the terms and conditions under which (1) the City will accept the Improvements into Assessment District No. AD-07-02, (2) the City will acquire and complete the Improvements and maintain them thereafter using LMD funds, and (3) the City's and ORA Ashford's respective rights as to the Assessments. The various claims set forth in the Recitals are collectively referred to herein as the "Dispute," but none of the Parties concede any of assertions of any other Party as to the Dispute. TERMS In consideration of the matters set forth above, that are acknowledged as correct, and for a full and valuable consideration the Parties agree as follows: 1. ORA OBLIGATIONS, WARRANTIES, AND REPRESENTATIONS 1.1 ORA Ashford shall, as soon as practicable, but in no event no later than March 1, 2019, cause the full and complete conveyance of the Open Space Lots to the HOA, and promptly, thereafter, provide the City true and correct copies of any deeds evidencing conveyance, filed stamped by the County Recorder's Office, as well as all agreements between ORA Ashford and the HOA relating to the conveyance of the Open Space Lots. 1.2 ORA Ashford shall indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from other property owners, their successors and assigns, including property owners in Assessment District No. AD-07-02, arising out of the City's use of funds in Assessment District No. AD-07-02 to provide a refund of Assessments to ORA Ashford under this Agreement; the operations of ORA Ashford with respect to the Maintenance Areas, including its general contractor or any subcontractor, or of any -6- Resolution No. 2019-3785 Page 7 person directly or indirectly employed by, or acting as agent for ORA Ashford, its general contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring before the effective date of this Agreement. 1.3 ORA Ashford warrants and represents that it is the sole entity(ies) entitled to the LMD Assessment Refund, and that it has not assigned, transferred, conveyed, or otherwise the rights to the Assessments, if any, to a third party. Other than the Action (defined in Section 3.4 hereof), ORA Ashford warrants and represents that it is unaware of any claims, or circumstances that may lead to the assertion of any claims by third parties for personal injury and/or bodily injury relating to the Project. 2. CITY OBLIGATIONS 2.1 After the full execution of this Agreement and up to March 1, 2019, the City, without any legal obligation to do so, will cooperate with ORA Ashford in facilitating communications, meetings and the sharing of documents with the HOA to assist in having the deeds recorded to convey the Open Space Lots to the HOA. ORA Ashford agrees that it has no claim against the City for damages or otherwise for alleged non- fulfillment of obligations under this subsection. 2.2 On March 1, 2019, the City shall accept the Improvements, as detailed on Exhibit A, into Assessment District No. AD-07-02. Once the Improvements have been accepted by the City, the Improvements will thereafter be maintained by Assessment District No. AD-07-02. 2.3 The City and ORA Ashford have prepared a list of incomplete improvements and deferred maintenance for the Improvements, and from this list, the Parties have agreed upon a list of work, and have also agreed that, solely for the purposes of this Agreement, that the anticipated costs of completing the work is $523,316.33. The City will use the money from its LMD assessments to complete the Improvements, the location of which are specified on the map attached hereto as Exhibit "A," to be completed by its own work force, or by any third parties, at the City's absolute discretion. 2.4 LMD Assessment Refund shall be calculated based upon the following formula: Description Amount LMD Assessments Paid by ORA Ashford $697,090.00 Agreed Work List (including Revised Estimate and Prevailing Wages) $523,316.33 LMD Assessment Refund $173,773.67 2.5 By no later than April 1, 2019, the City shall pay to ORA Ashford the LMD Assessment Refund of$173,773.67. -7- Resolution No. 2019-3785 Page 8 2.6 On or before April 1, 2019, the City shall release the GI Bond. Further, upon the satisfaction of all performance obligations of ORA Ashford under this Agreement, the City releases ORA Ashford from any further obligations under the Development Agreement, except as otherwise provided in Section 3.4 hereof. 3. RELEASES 3.1 Subject to the limitations set forth in Section 3.4 hereof, upon the Parties' full performance of its obligations in this Agreement, this Agreement shall serve as a full release and discharge by ORA Ashford on behalf of itself, its principals, officers, agents representatives, assigns, employees, subcontractors, laborer's, materialmen, insurers, sureties, administrators, trustees, heirs, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the City of Moorpark, its officers, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries and successors in interest, from all claims and all causes of action, including those for damages, refunds, compensation, attorney's and expert's fees and costs, and interest, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes and cause of action of whatever kind, at law or in equity, known or unknown, with respect to the Dispute. 3.2 Upon the Parties' full performance of its obligations under this Agreement, and subject to the limitations set forth in Section 3.4 hereof, this Agreement shall serve as a full release and discharge by the City on behalf of itself, its principals, officers, agents representatives, assigns, employees, subcontractors, laborer's, materialmen, insurers, sureties, administrators, trustees, heirs, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the ORA Ashford its officers, agents, owners, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries and successors in interest, from all claims and all causes of action, including those for damages, refunds, compensation, attorney's and expert's fees and costs, and interest, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes and cause of action of whatever kind, at law or in equity, known or unknown, with respect to the Dispute. 3.3 Subject to the limitations set forth in Section 3.4 hereof, each of the Parties acknowledge that it has fully read this release and knows the contents therein and hereby expressly waives any and all rights and benefits to which it may be entitled under section 1542 of the Civil Code, if any, which reads as follows: "1542. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." -8- Resolution No. 2019-3785 Page 9 3.4 The releases set forth in this Agreement expressly do not include the following: (1) defense and indemnity obligations, if any, owed to City by, or owed by the City to, ORA Ashford and/or K. Hovnanian at Meridian Hills, LLC, K. Hovnanian Companies of California, K. Hovnanian Companies of Southern California, and K. Hovnanian Communities, Inc. in that certain lawsuit entitled Glenn Reiff, et al. v. K. Hovnanian at Meridian Hills, LLC, et al. (Ventura County Superior Court Case No. 56- 2016-00480304-CU-PO-VTA) (hereinafter the "Action); (2) any and all rights of the City, if any, under Section 16 of the Development Agreement regarding the condition of Meridian Hills Drive westerly of Breezy Glen Road within the boundaries of the Project; and (3) any potential claims of liability for bodily injury and/or property damage occurring on or before the date of this Agreement occurring on the Maintenance Areas. 4. RIGHT TO INDEPENDENT COUNSEL The Parties acknowledge and represent that they have had the right to and benefit of consultation with independent legal counsel and expert consultants. The Parties have read and understand the entirety of this Agreement, and have been advised as to the legal effects of this Agreement, as to, for example, their rights and obligations, and hereby willingly and voluntarily agree to every term of this Agreement. 5. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each of the Parties is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6. TIME OF THE ESSENCE All Parties concur that time is of the essence with respect to this Agreement and each Party shall promptly take all actions required of that Party with respect to execution and approvals of this Agreement. 7. SEVERABILITY Should any provision of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement and the remainder of the Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included. -9- Resolution No. 2019-3785 Page 10 8. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The Parties understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement. 9. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both Parties to this Agreement. 10. NO ADMISSION OF LIABILITY Nothing in this Agreement shall be construed as an admission of liability or wrongdoing by any of the Parties to this Agreement or an admission of any claim against any party hereto. 11. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 12. COST RECOVERY 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 actual and reasonable costs and expenses, including attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 13. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of each of the Parties warrants and represents that he/she has the authority to execute this Agreement on behalf of the signatory parties, and that all corporate, governmental, and other legal formalities necessary to enter into and be bound by this Agreement have taken place by each of the Parties.. Resolution No. 2019-3785 Page 11 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK Troy Brown, City Manager Attest: Maureen Benson, City Clerk ORA MARQUIS 89, LLC, ORA BRIGHTON 17, LLC, ORA ASHFORD 94, LLC Print Name: Title: Resolution No. 2019-3785 Page 12 EXHIBIT A MAP DEPICTING PHASE I IMPROVEMENT AREA A-1 No 2010.3785 EXHIBIT A- PHASE 1 LANDSCAPE IMPROVEMENTS TRACT#5187 BOUNDARY 1111 •. N" 4x - TRACT 85181 BOIROARY EOUESTRUN IANC WI i • MR T.yo, �, kN.l "'�` __ _ ____ ____ QBEO GRANITE PATH 3 J�1 1 41 (1V^I7:1111114-- ` L1A BOUNDMY f /3. 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' R 116 � \ / ' y� !9 PR�TE�TION �� '" 4' - r �� M ��� In __ �� a I1m7� '+ti-s�,,,_ ne - _sc sy / re 7/% \r�-. �r,rA�RAR1 r /s e. �� 1os `y _ _ ♦ ty ♦♦. �� i.. . - ` y!i_/ .• Oqx RPIGt1€D1 I I 15 --------- VCWPD -' ♦♦ \-1� \\3••'‘,A. . V/.5 :Al' ' , 3 (' II al:: 55 NORTH OF- > .�..i_M +.� ; / .' y9 ST 2i IMSIH / F _ z 1 18 53 i F 5 2DUEs RUN TRaL wi ♦ ♦♦♦♦ ♦ \\ \ 1 ,3f _ '. 1Y^_ C RAIL FENCE AND 1••MAINTAINE• 'IN.DDD S.F. 9 ♦♦ -__\ ��� \...' . `, }AiY CJ 'Iy _ _w , DECOMPOSED GRANRE ♦♦ \ -- _•)""" `---�- .� PATH M � J, I \(` \,1 ` ' 11q\1zN�lAN it—'-- r LEGEND \,\ ` II P� s ,' zz• :e :e 5 !z » y ' I: \ ' r LANDSCAPE MAINTENANCE DISTRICT TRACT 8157 !F I e NO _ff =T /J' d 11is O MEDIAN / ` ' R / \-� s J / i were - STREETSCAPE PLANTER AREA T ; - \ �l 35 / '�� � ,. I tri lo in. TRACT 5105 LOT T �� ] 3 3 / .I. WALNUTC.YONRD WALNUT CANYON'ROAD PARKWAY j , •- _ � r Y• / -..•.c / NPDES SLOPE AREA +ee9 ,' 3 '_ /� (TEMPOR.ILY IRRIMTE01 V I J w 'MERIDIAN HILLS DR PARKWAY • � q �y/ y ` d. WALNUT CANYON RD 18n9 �� _ ' ARMS BASIN BOTTOM ,N,p - MANUFACTUREDSLOPES SOUTH OF / � � DOD MAINTAINED SLOPE ��.�....!= 5` f) INONIRBI0ATe01 '� Ell MEf51DNN HILLS DRIVE ] `� I / / 11'� SOUTH OF MERIDIAN HILLS DRIVE j j 1`� rjMANUFACTURED SLOPES NORTH OF !!! r'MERIDIANHILLS DRIVE / 1 .' - %% ' ,,• ,MANUFACTURED SLOPES LOT J' /R]A \`� / MD).1AINTAINED \, // i Tr ACT �54y,yM - MANUFACTURED SLOPES LOTS'a V ,]5 .eel;`\,,y� ,�` " MERIDIAN HILLS DRIVE PARKWAY , i5 ipill1101 V-i' _ / ', I 1 #5405 gt NPODES BASIN BOTTOM A�� I�', ✓ `-__/ , \ ] l NPDES ASI.N Si.OP�,ES q , (�/ G '%% 2 q ! • 5 y 11 STORM DRAIN SYSTEM 5�w� j1 ` ' / '4 - 1 t 1 ® CATCH BASIN ova gewmu /A7/ - ] ` '/.%/.'/ 7LMD BOUNDARY _ \_ '.F. / 18 FEB 20010 e 15.8.08 11 SEP 08 ,' I.s' `TRACT p51e]BOUNDARY V V - '_--TRACT 5105.LOT I 128 2 DEC O// LT 2008 MAINTAINED BY LMD 2013.2878 EXISTING TRAP.--/- /' �`- H LANDSCAPE MAINTENANCE MERIDIAN DISTRICTEXHIBIT-IPHASE OE 'e L L S / TRACTS #5187 and 5405 a ' //G�j4 i MOORPARK,CALIFORNIA ,, tio I PREPARED FOR. / RESMARK EQUITY PARTNERS,LLC "IIOOemdm Si.Suite a7!. eco I 10850 WILSHIREBLVD,SURE 1420 884.4 Nilo CA 9135' "" -- -"-"'"- - -' 1 LOS ANGEL ES CA 90024 SCALE 19105 918 2"1.9719 F4X 81831.9719 z ""--'3,,, ,T.,..3,-...--;= 310 474.8400 2208 FAX(310)474-8440 L Resolution No. 2019-3785 Page 14 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. 2019-3785 was adopted by the City Council of the City of Moorpark at a special meeting held on the 6th day of February, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Simons, and Mayor Parvin NOES: None ABSENT: Councilmember Pollock ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of February, 2019. Maureen Benson, City Clerk (seal) Ppm *.1411W465; , Rritojp- fe