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HomeMy WebLinkAboutAGENDA REPORT 2001 1107 CC REG ITEM 10E ITEM 0 ' C MOORPARK CITY COUNCIL pr Vo(SA22e_!S s.0 AGENDA REPORT P.' - TSG��8C'O�°f TO: The Honorable City Council FROM: Steven Kueny, City Manager %J Pv DATE: November 1, 2001 (CC Meeting of November 7, 2001) SUBJECT: Consider Proposed Development Agreement with West Pointe Homes, Inc. BACKGROUND: West Pointe Homes, Inc . is the developer for a proposed project with 250 residential units . The City Council is currently considering approvals for the project including Vesting Tentative Tract Map No. 5187, RPD No. 99-2 , General Plan Amendment No. 99 - 1 , Zone Change 99- 1 , and the related Final EIR. The project , if approved, would supplant existing Tract 4620 that approved 66 five-acre lots for the property . A Development Agreement has been negotiated by a Council Ad Hoc Committee (Mayor Hunter and Councilmember Wozniak) and staff with the developer for consideration by the City Council . DISCUSSION: A draft Development Agreement for the above-referenced project has been prepared and is ready for Council action to refer it to the Planning Commission. The draft Agreement includes provisions considered standard for such agreements previously approved by the City Council as well as items unique to this project . Section 6 . , Developer Agreements, and Section 7 . , City Agreements, contain the considerations provided by each party to the other. The draft agreement attached to this report is in legislative format showing changes from the City' s Development Agreement with Fountainwood Agoura (SP-2) . The SP-2 Development Agreement is the most recent development agreement approved by the Council . City Council Agenda Report Re : West Pointe Homes, Inc . , Development Agreement Page 2 November 1 , 2001 (CC Meeting of 11/7/2001 ) It is proposed that consistent with Municipal Code Section 15 . 40, the City Council direct the Planning Commission to conduct a public hearing on the Development Agreement on November 26, 2001 , and set December 5, 2001 , as the public hearing date for the City Council on this matter. STAFF RECOMMENDATION: Refer the Development Agreement to the Planning Commission for a public hearing on November 26, 2001, and set December 5, 2001, as the City Council public hearing date . SK:db Attachment : Draft Development Agreement M:\ccagenda\West Pointe Homes Prop Dev Agr 1107 2001 ����4 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER ' S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND --'EST ?C N-E ::CM S , 7%C . Ao c or -� _- �i . asp, • tr n afL�- c--rn - r r= --i—r• n t. � *. 7 �JL., —1 T� R7Tr.`_..1._.C_r �7 l7T.ST�- T"..G'T ._�1 rt^'.:�T' CST .'- OF P;tF;T!;;S � R! tnV_ T,� DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement " ) is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City" ) and •. ES7 - N:7 . , a Neva,2a `orpora_ = , _ :_nra Pat .Per-3li ,p, the owner of real property within the City of Moorpark generally referred to as ',ie= i7�g r3(-t 5 - 37 Meac e -:40 ( referred to hereinafter individually as "Developer" ) . City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties . " In consideration of the mutual covenants and agreements contained in this Agreement, City and Developers agree as follows : 1 . Recitals . This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties : 1 . 1 . Pursuant to Government Code section 65864 et sec. . and Moorpark Municipal Code chapter 15 . 40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process . 1 .2 . Prior to approval of this Agreement, but after the certification of I.e . z Final Environmental Impact Report ( "the EIR" ) for the Pro-ec_ Aoprova ' s as d f ,ne; in sur�=e:= :on 3 of this Agreement , the City Council of City ( "the City Council " ) approved a mitigation monitoring program to insure compliance with the mitigation measures contained in the EIR ( "the Mitigation Monitoring Program" ) , approved General Plan Amendment No. 9=r 9 9 31 ( "GPA 9 9 1 9 = P" ) a-d-�Iee Kg+4 Fi i e+r1 a!=�e-3 G f _ P- > 'T— - f o r approximately acres of land within the City ( "the Property" ) , as more specifically described in Exhibit "A" attached hereto and incorporated herein, and changed the zoning of the Property pursuant to Zone Change No . 45 -99 - J_ ("ZC 91r ; 99 - _ " ) 9� 2 and—Z-C-9� ;GPA 99 _ , Z` 99 - 1 , Tract 5157 and PPD 99 -2 (collectively "the Project Approvals; individually "a Project Approval " ) provide for the development of the Property as c, T-aE=ems 1ar e- ee�, —and the construction of certain off- site improvements in connection therewith ( "the Project " ) . By this Agreement, City desires to obtain the binding agreement of Developers to develop the Property in accordance with the Project Approvals and this Agreement . In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement . 1 . 57 . By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement . Developer anticipates developing the Property over a minimum of three (3) years . In consideration thereof , e-_ei-. Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement . 1 . G=r. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GP 99 - : 95--2 . 1 . -'3 . On , -19-}9 , the Planning Commission of City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing recommended approval of the Agreement . 1 . 64 . On-Sept c nee tr , 199,5_ , the City Council commenced a duly noticed public hearing on this Agreement , and at the conclusion of the hearing approved the Agreement by Ordinance No. 2� � _ ("the Enabling Ordinance" ) . 2 . Property Subject To This Agreement . All of the Property shall be subject to this Agreement . The Property may also be referred to hereinafter as "the site" or "the Projects rea" . West Po.nte Deg Aqr 2001 _ 3_ 3 . Binding Effect . The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project—af �j s that has been fully developed in accordance with the Project Approvals and this Agreement . 3 . 1 . Constructive Notice and Acceptance . Every person who acquires any right, title or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest . 3 . 2 . Release Upon Transfer. Upon the sale or transfer of any Developer' s interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and ( i i ) prior to the sale or transfer, deliver to City a written assumption agreement , duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement . Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement . 4 . Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4 . 1 . Permitted Uses . The permitted and conditionally permitted uses of the Property shall be limited to West Pointe Deg Aqr 7001 10; ` . those that are allowed by the Project Approvals and this Agreement . 4 .2 . Development Standards . All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement . 4 . 3 . Building Standards . All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual , the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes" ) . 4 .4 . Reservations and Dedications . All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement . 5 . Vesting of Development Rights . 5 . 1 . Timing of Development . In Pardee Construction Co. v. City of Camarillo, 37 Cal . 3d 465 (1984) , the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later-adopted initiative restricting the rate of development to prevail against the parties ' agreement . City and Developers intend to avoid the result in Pardee by acknowledging and providing that Developers shall have the right , without obligation, to develop the Property in such order and at such rate and times as Developers deems appropriate within the exercise of their subjective business judgment . In furtherance of the Parties intent , as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether west Pointe Dev Aqr 7C01 _ 5 adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. Nothing in this section shall be construed to limit City ' s right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement . 5 . 2 . Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment . 5 . 3 . Issuance of Subsequent Approvals . Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e .g. tentative, vesting tentative, parcel , vesting parcel , and final maps) , subdivision improvement agreements and other agreements relating to the Project , lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans) , encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals" ; individually "a Subsequent Approval " ) shall be consistent with the Project Approvals and this Agreement . For purposes of this Agreement, Subsequent Approvals do not include building permits . Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws" ) , except City Laws that : (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project , or any part thereof , or otherwise require any Nest Pointe Dev Aqr 2001 -6 _ reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals . (c) limit or control the rate, timing, phasing or sequencing of the approval , development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in. place prior to completion of construction; (d) are not uniformly applied on a City-wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f ) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code chapter 17. 38 or any successor thereto, within : he Frcuer� y;_ or _ .. _ 5 i? 1IT� Hiiits ef (g) modify the land use from what is permitted by the General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project . 5 .4 . Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire seven (7) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first , notwithstanding the fact that the final map may be filed in phases . —E i—Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq. , or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement . ryes; Pointe Del, Aqr 7001 -7- The term of any Subsequent Approval , except a tentative map or subd_-- vis :o r t ti :: impovemen oroter acreerr.e,its relat :nc to zhe Frc3ect , shall be one year; provided that the term may be extended by the decision maker for two (2) additional one ( 1 ) year periods upon application of the Developer holding the Subsequent Approval filed with City ' s Department of Community Development prior to the expiration of that Approval . Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City ' s Building Inspector prior to the expiration of that Approval . It is understood by City and Developers that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right , at its election, to apply for a new permit to replace a permit that has expired or is about to expire . 5 . 5 . Modification Of Approvals. Throughout the term of this Agreement , Developer shall have the right , at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that , in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement . 5 . 6 . Issuance of Building Permits . No building permit , final inspection or certificate of occupancy will be unreasonably withheld from any Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied . In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis . West Pointe Deg Agr 2001 _ 8 5 . 7 . Moratorium on Development . Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City-wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii ) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas . 6 . Developer Agreements . 6 . 1 . Developer shall comply with ( i ) this Agreement, (ii) the Project Approvals, ( iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the Mitigation Monitoring Program and any subsequent or supplemental program. 6 .2 . Any land within the Project area that is dedicated to the Moorpark Unified Sc'iccl Distr_ ct (MUSDt , or any successor district, shall be deed restricted in the form of a covenant running with the land, as set forth in Exhibit "B" attached hereto and incorporated herein, to limit use of the land to public school facilities, kindergarten through 12th grade, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to MUSD or a successor district . 6 . 3 . All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6 . 4 . As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the—Saf_-e_ f e Pla 'Prcpert_y, Developer shall pay City a development fee as described herein (the "Development Fee") . The Development Fee may be expended by City in its sole and unfettered discretion. hest Pointe Dev Aqr 2001 On the cperative _e-€-fe.`���date of this Agreement , the amount of the Development Fee shall be Seven Thousand E:aht _Hundred =ifty Do] larsThicEe -Ham is a decrease in the referenced index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6 . 6 . As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Gpeei pie 'Pgan Prcpei_v, Developer shall pay City a community services fee as described herein (Community Services Fee) . The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Twc Tncusand Tn_ rty Lc_ = Uts S 2 , 0 3 C . C C )_ F-v c-44 ti no Re '_ 1 F c =-G . -3 2' p e r residential unit, and Six Thousand Four Hundred T er.ty- i a l l z. D-o l l a r s 1 S 6 , 4 2 3 . 0 0 ) =i4e--'.'=era^z rc , F e--tHz-=i n d 1 e i =—#ty—-3ci i =a Ics—t 6Z_1 --per gross acre of institutional land on which institutional use is located. Th ,. s sha11 sa-- isfy Developer ' s Casey Road/Oahbert Road A!ea of Contribt:t :cr- AOC; obligation for the Pcooer` y _ T:ie City may use these me_n, es for a_r.y_purpos_e relateO to tl:e Casey_Ro_3d/Gabbert 4oad AOC cr any other lawful �:.arpose at its so:e anA unfettered c-i : sci_ct_0:1 . C i ~y ac rees to accept these payrre^t s as fu: l_Sat isfact :on of Developer ' s obl _aa-_ ion to pay Casey Rcad/Gabbert Rcac AOC fees . Commencing on Oe e � 1: 17—;442 January 1 , 203:3, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI ) until all In Lieu Fees have been paid. The CPI increase shall be determined by using the information provided by the U. S . Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month of e--September- over the prior month of _ _September . In the event there is a decrease in the CPI for any annual indexing, the In Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase . ea3��f o f r,L e r i� t o r e t a i r- e ei� s 17«^r-a S-�ipe}? 3 E e ef9 1 Y, Ehez3e-ese.3 e-!ew-.q as pef;-!i _ t eEJ in he-De ye l et--' *cam:E e-e - h_- Speeifie P17:—. !l-e e. N e West Pointe Dev Aqr 2001 -I1 S�_- _ - - r - - z,,reEi -- _ - N om: er a e Ems== -s!'c1-1—a be -a 1-lewd?-p a. e re 1 tle e d i L: C6F.9Le i'V r deel ^elf t-Fei:i _`P w*t7h -F e e e:-d a t=C,r: e1.—t 1 i cam- -�- ac a-{ e Ff e i----E!-e P5 -.. k z C--eft�' � _ eons_ F, ,rat-toit4 :eee S et teig �; ; -t_ ee . 6 . 8 . On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement , E ro;�-c -_ AoL:° o%,a . s , ems_`-e _:?_=t- and E I R . 6 . 9 . Pr-or to he- lssuance c;: the nu2 :d_ ng perm, t for ea:` ces :de:IL : .z: ow•elElio --I w: thI ,: _the Prc:rel Ceveiopei sra_ l pa}, a feo : 1eu c`_ -ne dedicar icr. o`- oarkiand al:d relayed lmorove:~ent-s Pa,--k Fee' in Lhe cpelative dote of this AcreeTer , the a-oars: ci .r.e =are FE gall be N_' .:e Thousand I':D: iars (S9, C3C . 0C ) `or each resinent _ai dw_e' : :na ur. it a:�c F-_ fty Cents (S . 50 ' zer square poor. of ea_1 bL : d_iic used `_cr 1nsL : tutis a ; purposes w: th_n the Proper�,y�. . :7e fee shall re 6d -us--ea anr.aa' :y com-nencl :g Cne 1 ) vest after t e first reside-clal bulld : ng per 71t is � lssueC 1ti_ _- :7 , .r3ct 5 : 87 by any • ncrease : n -he Consur;er Pr�ce Index P I i unt 1 i i 1 fees_:iave ;Dee- pa-U . ;he CP-- : nc,e sty sha_ : bP de e1r1_ ilec b} u5 . r.g the i:lforr.';.__on crcv :ded by t �•e i; . S . Department of - ' a.oor , PL�rea•_ c" LG_JGr _tat st :cs, `_cr a_ Urban :-onsu-crs within tl.e _o: Angeles/Anahel-r./dyers=ae MPtropol=-a area d t :r.g =h_e orlcr } ear ._ :he. ca_cL.' at :c:-: shGI l be ir.cde usinCl Ehe -`orr_ l wl:icr. 7s fcur (41 mor.L ':s pr-or tc - he i-cr' r 1 - wh_, cr. he f i rs- es: dent jai btii '.d.nc_oFrt Tract 5 _ S-i ;e . y if the per-nit�lssuance occ-_rs : r. OctJbe ', the:: --he r;or._n cf .:ar.e _s lsed to ca-'cul .:Le t'-e 111c i ease' r the evc •iL -_'.:et e is a decrease in r he rEierPn ed :nvex for an-y- an:,L:al lndexin-I - '.-:e Park =ee re7a : -: at its then currep-_ a^.our._ unLi '_ s r`: ` ilne as L he nex-_ sunsequenL ar.:lua 1 index : •1c wh'icr. resu i t s an - - - - - - - - yY-i-cz-rr:=r- -etc'-Svc-c-rl �-c ±-eeer �f?crsr- eiiea�-e, a iEs se! e ee E- -;. -" �Rse,'_fie West Pointe Dev Aqr 2001 - 1 2 - c!i e w fi en rz he c c F _ ?f a! --rrc`—=nom i- s e _ a-i -e c 1-, EA6eiise eziE—SubjE r t- . E - - `. - Lr--�- civSE E_-rv`i Etc?- -}Stl-�c '--tee pievije a - _ a!i i E e p_ _ - e =ew e f i- a.:a——Wit= t ._ _ �e i=-f'-YET' - a' wct _.. Pe er-..-- . L-. F 1 1 e,i E --_'- ..7t l.c-t -EeC---2-r--! l 'a 22 ! c e wide c!t Ei r e c?'lc-A +}—�--c�T3-r---FT2-�Ei—iri✓�c:—E~ _ i F 1 qta rs w=r•`�---r g`rt-H-i(j v—`-` 1 1 i i rr Z-6'.z E !"e:-: e e:Ae !-e 9�: ec d---e w 1 r h - -_-L�-'6 J 1 G , Ee N?E-r-t:e- i6.(-.1'-nEest: of-Sc3! _ .. 1 tr to i-ii r—g d o rt1 c —�v r-d(ric t r---he t ! net t i i e 1 t d° a Fr —9th a d R r i - -• - e a t= arzF Ft e�e e rt �e r ra m—'°- _ : .. e d y - z:4 3 e e E ge r Reeef EJ ctiat aC- • .. _ p s -z,-r-a= •mac-'_-� _c�c3-i---e'f"5 - L-3-e Z eb e Ei - T —�=1-Lf - �6u-rr�r �'Jt� __'2 at-r d ea REJ r r rzrs rt=- c-2 E E' GCE T E r-a s t pay eatieg M d• 3 '.6.7 (Z b E' c-=r-zed—i e ce a r-yC L {_ '� C C'c�-�l��F� G�---S�'PE�-= L _ • ' • --r a:: eE ri e ;ey Elie aE -Es 1 eecry i ei-`1 -d- r _ 'eab- e Eelevi - - _e e e s , - - S t3eE t Ti ct f C- -1 TT�j LTCCZ�J i i Z3 E i, - Most Pointe Dw Aqr 7001 - 14 - t He e a 9, a ! 1 e ei e d i ea r6 G '_ !gyp'--t FP!3 i-e y e-ei a r--d a v a i _za 1z T= HP PFi,- e- h e--p'--r--c _.. of 7 G'1` 1 1 - h r h F l--_ =-��c �Ti i�E�- �•i-t_ iro'T`crrrt��rl C�^�'n e��C S o�i-rre c c Sv e'-_-f--ice--r-u-i=r- ?T.�-t3�T�c�i � �SF9-G--r�--:�c--6_ _ e! ec—r-c-T - --W}-t j a. - . - F 1 F by GiEy , _ shall .. twe '( Fhh =f-c-c�Ta'-.c=tf -E .._� e a lrf c e-c _ }i9—! =^-i-cea E ei i ape _ C'�E'E eti�t3@aE'S Developer agrees that the above-described nayne-its iflierevem.et--Ee ateri*j w3 -"Ehe-dediedE_ej-r et Eiii-aeeve d-shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code Section 66477 et seq . for she Proper--y. at= sub�e T-e�rt—=�d f�9z�•;—'tee s w_ t-h :� try--Sae•=---�':-F--?-=�a f:e9iEje=tT ��, 1 eeu--re -io ,above-de9erib .._ C:t- s- si�ati d aid -s H b d !i ems- a.�e m eiq=fi e r re�e aeet eva l e f—�!�e ft=-5rc tr,�tieE F-a p e_ the f= L-:=t € =t _ e _ -Lie P=a - .. _ a!9 d t zi y z :`i ribe -!=eat i! i e d -�a ` t- i i -:Ad i r e i. e -.,--e e e tz LZr p e ei Hi r9 sue.e r. 6 in ...d atieri—r e ' h e r v e r &=d zrtit! r-c e i}a 9 e dc-s�E .- r veu -_i T_ al ±E S eApeo-ose -pievide GiE , S -d eS iii t-h e a F-e u.9 r e f i3£ r e ei-F E e�i 9T? Ej 9 e . _ 4 ;Fn@ 3&e. t)--t e—f�_-i,Td E h e- F e p -a eE i Re n t e= _ ::e !a ate.F cfFe _ _ ae qe te a. -_ _ . -fie T a-J ^9 F ! e 'r-etea- e f t�c- -f 1r l•�E4J -!-eS-i d fiE ra l e ve t e p e �? ,: _ Ewe Fl S ' e c--p8 l rE t'r - r ,e e eb ee':- a'.?t '=rc :q i E-es 19-r i i E- - _ r , U tug? S_ . v.-1 r-4-r _7-ZZTLT[Sd e 9 a e... h _e—C'3RZ- Th7--C^f L—e rz h'e e 9 ,;S ree t det e r Wi n e d a E _ -dim 's!+feErc- i-rci di SCieE en i.. st roet -aqea, a i i ei E e__ r i _ :�fq e s : .q :td d i t i e=c-t-e a r- West Potn-a Dev Aqr 2001 -15- e 1 4,a t i e s a 9 d :9 'e ems-?QTN -i- 6 . 11 . Developer shall construct appropriately sized water lines, pumping facilities, and storage facilities for recycled water consistent with the requirements of the City, Waterworks District No. 1 and Calleguas Water District . Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not . Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all public streets, park, and any other public and commonly owned landscaping and recreation areas . The recycled water line (s) shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development if such recycled water is available within one-half mile of the Property. Developer shall install dual water meters and services for the park site and other locations determined necessary by City at its sole discretion to insure that both potable and recycled water are available where restroom and drinking fountains are planned. 6 . 12 . Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more homeowners or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt , buffer and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6 . 13 . Developer agrees to grant the City a conservation easement in a form acceptable to the City consistent with Civil Code Section 815 et se q. for lot La 5187 P1aig!ittEj A r-e:3 r a�-1 to insure this area remains as public open space and sha : : , a its sole Nest Pointe Dev Aq. 2001 —16— cjst and expense , i <<evocably c; fer to tied ca-e -ot of -tract X187 to City . -, n add _t -= to t' e reat: : red lr revocable offer of dedlcGt :cr of a conse► vat ion easerren, desc_ lbea atcve, Deve_ooer sha _ = a� _-s sole cost and expense provice C_:t.f a cas:-. deposit in Lhe amoun- of Dollars ; c to •end -,_he :~ari:cement , ma '. rt enanre, _.::d re'at edl `ems o`_ :ot r.o oe expe: aed by_ _: - y_at : : s sole C1 sc get :o . . Payment sna . ' we r1,�ae_c r'. or -_C cor:oancy Of ^e or.e h-indr ed res=den; . a : L r : t for the Property . - - -- - _DPve .open s:rall make imc°ovemen-s at is sc'. e cos- 3--id exre^se t c_ t lie ` ra 1 s-_ �_c_nc a res or. ?of of bract 5 _ L-5 7 Tl,e moove r,e-:, s s-.a 1 1 be as deter-r.: r.ed by t l:e C: --y at : rs sole d : 5cre- on a:ra sl� ? _ i : ecru ie )J r- r.o- I e _ imi .ed to the _c: '. ow•:ng : prepe ation cf site o:an, c_-ad -_nq, _ns-a : '_ arion of a parti •ig _ ot w_i: pav_:rg_ r.ateria: as iere-mined by -he Cary (e_ther �soha' t , concrete , cr decomposed a_ -arrte, or sin: 1 :3r 7.ater:a . wat^r arc- e'_ect r_c_ ty serv_ces , secur : ty ant rno, a:-:d fe_nc: rc U-:a cares . [r°orovcmerts s a'_ _ be comble_e_4 o- 1cr to the ` rrs- occup=r y of a res:aent lal -n, t : o•- ~ he prcoe--y a-:d -c t e Jatis_6c_ io1- of - he No excava- ion , jr-- '_ 1 : ng, extrac- ;on, ou:ru_^u , or sir-.: lar a=- 1v, Ly shai _ be al : cwea 11. a'1y PC_ - icr. o` he Property zc: Pcl Oyer. Space . -'he exclus : o-rs_ desc- •. tied 1r. tl : s s _:bsect ;or._ s"a ' ' be clucec : r: the Co:Ise rvat =c:1 easement . The cor.se rvat 1 on easement sha 1 I be recorded c=c-_r-re!-:-- ' y V:;tn_recorda_ 1 c cf the f _ rs-. final rr.ar. fcr the :_oaerty a::d s::a : '_ oo 1 ,, a form ac-ceo-able -c C : - ?' ar.d ccns . 3-enr w . tl: Civ11 Code Sect : on 8 . 5 e- sue_ 6 . 14 . -eveloper shall crovine f : ftecn ( I -D ) , fcur cFd-coir and =wa bath s_,gle tam, ly dEtcched ur _ ts wi-.r: a 71ni1r,ur of 1 , 200 sq-1ar_e :r _ feet aa a max mum of 1 , 50e seua:-e `Pet to be scld o buyers wric greet the critta7r :a fo_ low - -rcome ( 00 perce:-it or less of r-edran % 10 ) four ( 4 ) becrccm a:-.d -wo ba-r. sirla: e fpm 1y dctacned u. _ ` s w:th a cf- 1 , 200 square feet ar. ? a maximum of : , 500 square :eet to be solu to b.ryers %�'-.o meet the c -- , _e_-:a to very .ow income ( 5C oercent or leas of -neG1a-. inccme) —p- : or - o 30p_rova _ of _the fir f lna: ~trap t;r T T e7tat 1v= bract Xap No. 5187 , -_evelooLr sha 1 1 acqu, re an 3oorcx_T3Ze :.v.o acre hest Pointe Dr. Aqr 2001 17 parcel wit .= t :-.e Moorpa r*K Redeve,=mer: Agency p rc- ect area on %t:: : ch -o cons- fuct L ::e 25 re.`eie,-.ced uni-s . the patce_ m,, st ce zoned and nave an accrovcd '3,id use . es :,gra- io:-. r_o al _' ow cunst t-ucr ,on of the referenced 25 -amts uric= to approval of the first f : na '- rap for 7-act vap :So. � n,;. ia`_ se`. 'iirvQ crice For -1:e : 5 ur-, s for ow : ncnme buye-s s:-ia: '_ n0.r exceed S c%: i .,co-re se_1 : : -.g price) , v::_ ' s :a_ _ be paid to t -.e ceveloper_at the L :me of in : = _a: sure . the : r.i- iai se= ling ice f .-)r ' ':e IC fcr ow - . ncc,-e _-,iyerc shall riot exceeu _ ve r, ow : ncc::ie se 1 '. i rig c r i ce ) , %.•h i c:l sl,a : b� ca :n -_C, t .".e deve: over st the_time cf initial sa_e . :he d: ffr? P-oP Ire •.,•eer. t"e se 1 1 ! ng price a::d ma r.�et va '. tie sha l i ^e re: atned by C,t ✓ as a_secc-d deed C:--v s*-al : resale o,` ar.v c`_ the un--,s . ccve _ccer pay costs i cr each ur. : t no: to t x.eeci SS , 0C0_. 00 sr.a : : be rescoraib, e _ot ne A. Piocessina of c_-. y required et.L : tl(�n:ents : r.c:ud; rr_bl!t riot I im:ted to ive Tract ac_a Final Map ai,d Resident ial ?tanned DeveiopTer L Permit (RPD' . - - D. ProceS_ ing General Plan: Amen_dne.i,- ,_7_or._e C anye , and envtrenmenLa: Bocarent ;ue -o XND bu- r•o ^FR C_ . Pay a _ ' City caoital : morove•nem- ans r,, = 'ca_t iur. `ees . Quim;. y fees sna_ _ 1::P S .i , 600 to be in.:reased ccr.sistent w•: tl: "P- beainn :na rr.ree years of r er Ten; at i ye :Tact via_ p apercya: and i •:creasina annual I t ::(-reaftet . D . Grade the si -e cer aoorovea mac, :n_ta : : 4: = ut : 1 :ties , and_const r•act .31 1 cub: lc and c: i •✓ate .-,=ovemer:ts consistent w: tn C ` t , 5canc3res tvp_ca_' fcr st:ch subd_ v,_s,C)n . The first ten un . Ls ( 6 low, 4 very lo-x` s"a1 '_ be =oustrucred ai c occupied -Dr : or to the 50' cccapancv : _n Traci. 516^ , and tale nex- 15 a~its 1c-N, o very :ow) sfUl 1 be constructed and eccuo�ea_ prior to - rte occ•.lpar.cy of * ne 150T` : n Tract 5 '. 8 , The in: t _al sales orice , market \a _ ue, buyer resales res-. r :ct ! ons, ! escect , ve role of C- ty and Develcp�-r, ar.a anv other IteT deter -. ned 4est Pointe Dev Aqr 2001 _ 18 _ necessary 'ov the City sl.a'- 1 be set -ort n : n the A_7 : c► dable cusing Imp.err.ei?tatinn Ural Resale Restr: ctior .-Ian, which .ghall be approved by the ity Council -n its sole ar:d ar:fettered dis_iet ,on prior Lo recc.rdation of tre _ rat fin3' Tiact `fan f or -1 11: s_rrc-_ ect . The Deveicoe� ar.d C_ : y shat 2t _cr to t ::e cccupa:icy of tie f - rst res:cent : a ! .t for _he Pro-ect , _execute a!i Af forcahle Acreemert tna_t : ncocoorates t --e Plar. : .. --o--al i7-.a is consistent %",. th this Agreeme::t . L'evelcpe_ seal : C�V the City ' ; G : ect cost ; for preoaratio� and , E-, ie-.; Pian and : he Af :ordab' e ::ousina scree-ie::: to a :nux !-r.u-n of Seven Thou sar.c, F-ve H,3-:!re: E:o_ :a r s r°-�—�&ed e e fr — — — a T cE}—{L ct—,r:z=rid= He ! E�riE} r2 ' e a l i i tn i-s a�i f9 e—Le s� E h a?3—=4 2 n f e cz in S z Ems- E e be 9 e-t ee---j p rs-yt e File ,_ > r� e r i ;ati- ineerr-E- HQBti e-f- . ian iiieemetm—Tne i!?iE iat s-ale9 e_ - _ ee , - _ r Cate "^- _ - . et _ -__ :fie ..: - h a i--19e- Set r-a-r 1:h i,=-=!g e--A€€e gable ?.ors- i-E� -liqe: = c 1 e i i and Resale R egE-cep ems_'-aig, -Jw 1-_c-h 1 i be appt e F i e F t o-f ec'e r eiL+E-.rt7'i d he ==!-7 E ±!i:a= r�Ez—"�c+ ,- r}r ej eer . - f.��L`eve _ h-a: _ r. .:Ai, =6 t he Fes:e e�-±a :-cirri E-t he a!=a t e? z h e-ice-a=. - 9 c eE a i a q Cl-ms s e e Fi s e H E — s Ae re° ,Tc 19. -, ,--1 ape i- g h, 1--pa t . vole_ _ -i e-ii i e�Pot--6-r Elie P l a!ica i i d-i=re 1 L i er e b 1 e :l A-c-�H=e i._ :.:g a)(- _ - -T?e ti s aT.d-o e' 1 a}-El J r v n n 0 G ) {r-add 1 t-:: 1 i-e i-i e c c sever-.E,, try etctetlifitj �iiri c s, y-'e p�:eacr i eiii=e- h e i:i 5 j H E-a r �eta iele—t e vetcy-1 e w, l e'er, e!. ?"e d e t e—q ee;:n The-T' c ze E ef T-iTre e -=: v e - - - n�l h i t l-be-p.�_ ..�p!� 1_7T t eTT`e: aZTee—CTL E�i`e a z k-e£, t h e-I i i im i e H Fee- shall aiq' West Pointe Jev Aqr 2001 - 19- -!iefe se i!. t he �--eri4sbme!' ?Y i Ce t . (^P7 t = cIS Re r n r n,,f e aTLt o f—rrr-ri-o- tr._ ..s E i se—, of ?iT Ufbeg eetisti,1ers 'rte r, iii— z he --es 2 i ec. =ht-'---ec�:E`a Term-v f9i S., r--b e— ice i i ew t In- -fte oa . d . -71:e CPI . r.crease shall be :ie e-rn: ~.ec ov the_ , ,:for:ration c):ovided by the U . S . L`c•oart-,ert c abor, Bureau of Labor Statistics, : Jr a­ consumers t '. e Los Ange:es,/Ar,.ane :rr./:c_ve rs :de retrcooi : tarl area aurlrc the prior eat The ca :cuia:. l_o:-. shalt be -r.ade using _re -north of Seotembei over treprior -nc)n -.r of Septeribet . In the event. there �s a decrease in the : r : 'or any ar,r.ual _,:dex:r.,3 , the fec s a ! 1 rerlax:, at is Yer current mourn_ t.r.t such t i r•e -as :-e next_subsec_e-:t_ ar.n--a l re.3u i t s - E an : r.c rease . F=, -_ - - _- - pFo-;ee�_q , tf=.e A _ ryauit-T y - 9!i-3i : be the -:n e—f e - a-: : ei :e 1-1-:rig—uri�:ts ap p r e k e o f a -z i c1 Elge _ �.l bu=4 dz=g— !ter.—z-c ec f*----f e F t 44_—- n n D d e , e,r-t--For institutional uses, the Air Quality Fee shall be calculated by the Community Development Department prior to the first occupancy approval for each institutional use . The Ai ` : _ r h E r', r 7 1 6 . 16 . _ _ a - -.. - _ b 1 ec k----w=: . lands -. i. - ?r e_ �e—ea�t si d-e—e �d — _ wee e.9 S. !: _ .. . seel� b Ie I F w ate—€errs-shat - be t e _­;.;Pe t'-i? e, c—}c^w,a i- fq qT a 1 1 e d vii --�r .. ;+�c e '_ 6—t e 1an6s—cam' C -. _ z 31' E'jdC' b-., the D: r -.3�—c 6!i'. ' 's cilld to_ - ±&—tz is rim F .. a 1 --bri i1d i fig - iee _ _ a-?---o-r ean _ Pt for ,c cot" _ ne issuance o_` -he fit•st resider*_ -a '- build_: � parnL_ t and_gfdding permit far the Prooe_ t_y , Developer shat subm_t a d gain aporova ' F rom C_ v _ou,i: i 1 3` - ail �-rple-ner.tc�t : on Plan . T;•.c - .-npler•er.t�a_t P'. an cl:a. l address the requirements for phis_:qa a:-.d co^at r pct : or. resoons_c_ : :es of Ceve lope and ar.y s•_ice ess3_-s : nclu:lin Suret :es for ceL '_oL"ll r! ce_ to co_nsti ,_:ctto~ c: storm ira 'ns and IJltles, p_­ iva-_c and o-bl : c sLieets , a,:d other pr; vate and pU6_1 : c :mprovemer,s on or offs : te required L: Tract 518' , RPD 59 . 2 and t .is Ayrce-rent . -he approval. of t}:e Imo1erre.-tat1on E-1 a:. sha: 1 be at the City C.c:itic : 1 ' _ scie dis, iet 'on. West Po L n t e Dev Agr 2001 -2 1- 6 . 17 . Prior to the aop--oval cf the f i -s-I f ina1 �r.3o a� _ 1 8-7 , Wiz=a . e —a n—app-i e,t f^r a^Y —s-- tip�--a-- —, Developer shall submit and gain approval from City Council a plan to guarantee the agreements contained in this Section 6 . The plan shall address the entities responsible and method and timing of guarantee for each component of Developer ' s obligations and is subject to City approval at its sole discretion. r . G . �1 -a c i E -3 -s e t^_ Wiz- a e d e, !p e F 9 e--fie s1a _ _ _ _. _ E 'e9 -1r.=ter tie Ems- - - i E s S ale e d ' Jam:C~�leq . 19el"e ms - -get 1 e e n s l---E � a— a,=a--�od plars aed 9pee± r-ie t�=s sh�li�c _ aFid - retr: .s p e d E-:eta p I H E33 -E b a d-i,. 1 9 E E °y e e e s r .? . 6 . 19 . Developer hereby waives any right that it may have under California Government Code Section 65915 et . seq. , or any successor thereto, or any other provision of Federal , State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved to be constructed--in p owners, or if the assessment district is invalidated by court action. Pi-ior to recordat io:i ct -he f -, rst f ' nal rr.ao for the ,roperty, i ` requ: red 1)" C : tv at _ts sole d_scre_on, Developer sha : 1. also_fo_m one or ,rc:e property o�:rer assoclat ices to ass.ime owners~. ,p a� ��a .nter.ancz cf c;pen space '_ ar:a, t ra i s, storm era-er deterit =on oas: ns a:-id re'_a=ed dra ! �e fac . i : t _es, landscaping, access fo_ad to ::titer tank s:te, and a �e:� -. t -- es , and to c(-'np ..y wi t r. tl:e \at _, �_-nal �isc`1a : qe n: nit .on Sys-e- "NPCEES) re'qu. re-nents of the fro ect . Tl:e o_bI ioat _on of said property owner associations sha: ] be more spec l f _ ca- y ve f fi ned t• t `-e cci:d : t .ons o`_ a.norovaI of 7.--act S : 97 a:-,-4 R=D 99 . 2 -- 6 . 21 . Tn addition to fees specifically mentioned in this Agreement , Developer agrees to pay all City capital improvement , development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements . Developer further agrees that unless specifically exempted by this Agreement , it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. -V--=-r: -?� e-r�-x'f`f-e-r`��©�-e`—=n-P-r�-r�-� ,�--•v 1-i::a�--_`��- -�e e e i e 19- b ejv e l e t3e t- .^ha1-- Eerm ege ei, c�6"--� ^-i-3''-S�-9-�rsrs'"'�•• �h -p-:.�t� -Rta-iz=rcz=z-a t�C_1Ei � eb- z+=1 e e ewine SAE ?=-i e??S-:F;I r9 ri be--me re spe°_ i€ z-rn E i= e?9d i E i e.49 FAT a'6 B - y crl 9. €tiTT- ope Developer s'. a '_ 1 pay = fie '..os a.noe l es Avenge Area of C 1 1 but Ior, �AC�_) fee for each Yes=dent .al '_o_- a--.d _nst tutio:a: use pr :o=_to t e , s.;,ian.ce cf a bu : d :L19 per-!): t for each lot - or- use . ^e ABC tee ce the dollar :.-cunt In e_t f ect at the t1•iie of issuance c. *. he build: C: per-: t- for eac�. res dental lo; and 1nscltu_ _onal use . 6 . 23 . o f W c?;f-f e r t i ff e to --1 I G and t o c-e v i9----t+?e-�e e ! i t-e �_Js e-.hizr c- siga !-1 be e r`ter d �e- E kte West Punt e, Dev Aqr 7001 -2 3 _ „r apercva 1 c f_ t^e f i rat _f : na_ r,ao for `bract ' 4, or . ssL.ance of a oradir:g : (r-nit for tie rrocerty, v/h:chewer cccurs f 1rst , t'r:e Deve:oper shall pay =o t:--e City Dollars kS *_o satisfy t` e l na l E I R Drainage , Sea' i r-ent Transco_ ar_.d_ F: cod `on-- Yol_P1 annino Mi t. :aat ior. Measure 4 . V! i s pay-ieni ,r.ay be exc:e-(ced ty City_ ir. _ rs sole d : scretic.-. fcr dr�_ inape an--' flood control 6 .24 . _�e,,,A e ve,i i eci -6- :teees i eS irre-qrc et Rea - _ _ r1 as d C e Y.d i E-t e?=-6 f a p p'_"e'v�a 1 f e!r -E !?e r e i i t - u !c t-a-E-IL- '_"-6a 5 e et-PR p. `�: E= e--:' e e e ,-1__.^ , ,D r to aooroval o: the f : f -- na_ ;1du fcr --*-e the_ Developer snal 1. pay to �-e_ C --~:e ia--eJ : 1 cus �ncf col la, s X5; 00, 000 . 00' to sir :sfy t :e F naI EIB B_o1og:ca : and Botan-cal tesojrces M: t _uat_: en ycasures . ,_ IE . , and 19 . r : s pay•r..ent _r v be excended by City in is sole discreti :r for open space acqu7 sit -on and ma r.te:.ance_ and abitat re=torat , on ar-.d oieservat :on . 6 .25 . --d e E e FFP_ P e d--te e�a�_ --a t eel _ eiiseieE i er, wa_. 1 ,1 rreiA�- 1-;`e-3, f e---t fee-1 e -i9 t 1g e p_-�­142J ei a1 TQ __ 1 e-s i*e e L F t e n Eaaes ems -tee--ie s z )i-e I e et leealeA iZ--he se=tt E'asE eer:?e ez Read and h e - _ poi e�9`cz=arm, _ r,- -r-tna _ +-- aigei =}1e ^a i�Vii" -8 i E c�=�f�n 9 iz ) c c E e el crime E e e j t, and d G . E r e-. of E h e -e e t-5-. 6 . 26 . Devel -eeet snail eE iEq se;e reve r.-e e x i 9:_1 i P. e fro' e-i 1 1 /r eel a ll d-eels=i`t e-E a e e-TCt d-e-ec&:4 :ve-e!eek kjaj ; —L---- :!e wesE-3.de of 2;e ' e6 A.?e_e::e s Wit'- _ _ eti---a s=- e q ii: s e_--n ref-f_TI a C tT i e n P-a e i f' c = fED d r--!=ae.F The-sy 9Tic- ee-tt, - 61 te e i!` Le C-_ �{-9 ' ` r--n e-:ej H t—��-.]-s fi ea-e e t ed f t=e%—��e-1 e-tee=-e f t-�-e e 1�--be- eeiiveei-e=r a E--! t e e E' I_reve f epi_ shall a HIE-orb Deve ; open shall uc..st ruct Wert Pointe Dev Aqr 2001 -24 - St rePt from "E" Street to the so-_t:herr bcL-ndar-/ o': ract 5167 or :or to cccupancy of t:,e one hundred sixty f if L ,.-. ' 165–1 resl den_ ,&I i:n: t c` -tact aad_t .on, "A" Street sisal l be exteraed .o the p_a:,ned east /west connector ( formei-iy SR : 13 .Svpass Route` ar.d said conncctcr -S all be extended tc 3abbect_ Road : t • he same t _rye as "A' Street _s exLenr ,ed to the ' rack 5 1 8- _bcunda rrv. :-he desigr., olaris and spec : f _cat . cl,s for nt a cove re`e rented _ -np rovernen s s"a i 1 _e aoct :ved o'.' `_ ty at zL: so'. e a . _ccet Deye :ccer shalt 1 s ra``• `l- y f c r s p:a-- c•:ecc , 1-:socc_ _ 37: "-.o ac:m: " 1st rat e c:2s-s re:_a_ec ro - he ies :3:: and . o:ist : r:[ersect :ons fr -r Sorirz: Rcad/walnut :a-:von _oad south to Los Arae 1 es Avenue/Moorpark Ave::-_e a r,e syn:hro^iz.ed ccrsrs_ent wr_h oars auprcvea cy C= -y :i its sc : e u scretion sut]ect to Caltrana 6 . 28 . ?:i cr t o ccc ir_a-.c-r of t:e f i i s res_dent :a_i u:;r : rr . rapt 016 and RrD 99 2 , Developer shall acquire at its sole cost and expense the property needed to improve _,r-.o Take i-rp'-c-ve-ier,ts the ` ror.t =ce the co.r ;gucr:s pro�)cr� ', to me Lo_ r-'-. crrido_ Study . -: n a'. dcs1q:. p._ c a^d spec: f _cat , ons -::a: 1Vbe as aper-cvec �y _e sole uiscletroY s-bJec-. to Ca --a:-.s Cnnc r! Cr:ce . e_ _ Of- { t: 1`-ic S ccz=c-e ?zei e! ::Et i _ , f epe-_ e e--a t = =- ,e K=!=.we :�i-rq e - cam—oaf--ems ei 96 i e n,_e F e. '.t e=a n ems- e Cq e eaR'c3-t-r :}?r??-r be d:-e S e a p ; Wit- .. . _ _ ._.. ± E9 s e l e—e issue—eT i eTr D e v e Tp e - ' , , e _ --h 1-e e A - l i a--�h e p f e e e}-t,Y, 1 i9 e . 6 . 29 . Z eves e p e F s`rte:-—_ E it s e t e FeS E -zfiel e Aeet r -y ?-rvtr^e f ''�" S�=z e t-r -c7 t G E : e�?fT'�3Lt3 iviE"'E rim eP� ?E'c} i =. _ f - 94-'.-d =i—e i e v-d e—a -s�rzy f _ N_- _ _ - .`e e-e— 4 t a r J - x e e E--des e+-T-bc-d 3be,, e . 6 . 30 . Developer at its sole cost and expense shall construct the publ is trai 1 system- =ee?e f i ed i e Spec 114aH across the Wa' nu-- Car.yor frcntace of t ^-e ProcerE a,rd ac-oss the aa]a(•ent o:ircei cc the Ncrcl! Lc ccn nec. .c - .'re rail , n Tract 4 >28 ana acress _ he_ aJ- �!cent property to the sc-;th to c•cnnect to a port as ^eterm-r.ed by the r~ y at : ts sale des_e_ -on, including inspection and City administrative costs . Developer shall also at its sole cost and expense prepare a design, and plans,- and specifications for submittal to City. City shall approve design. a plans and specifications at its sole discretion. The required improvements shall also include construction West Pointe Dev Aqr 7001 -26- ��� t of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred Fifty Thousand Dollars ($150, 000 . 00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the hundredth (5200`h) residential unit . 6 . 31 . e 1 aee F 9t , l 1 ,t i _ L- ei "L- t_1 1. -Z.1.T.--TI, L L>— Te 6 . 32 . _ _ _ Ycs-dent i a i—u -E n �)-q e ;i ti t is 2-.-and-ter ms -ep e f l s f,a i F s g ne ea-n-� ...�_ ..�•.,---ma=r,e _ ._ _ a-rd-Ftt' -d-. �;eve_oper agrees _'.at any fees and paj :ne.t: cjrsuant to tf_is r.orezmenz —s.—alt he -a e 'A':' i:out reset at :on , and Dev_e:ccer express-y V.a iVes the rlq-t --c -z- *_ o: any sac: =ees . -nder protest nutsuant . o :.a ; ifct-n , a Government (-cde Sec, _or. ar.d statues -mo:idatoi-y ct supn'_ ere:,tury t :lere* c. 7 . City Agreements . 7 . 1 . City shall commit the necessary time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Project area and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7 .2 . City agrees that upon receipt of a landowners' petition by Developer and Developer's payment of a fee, as prescribed in California Government Code Section 53318, City shall commence proceedings to form a Mello-Roos Community Facilities District ("District") and to .incur bonded indebtedness to finance all or portions of the public facilities, infrastructure and services that are required by the Specific Plan and that may be provided pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") ; provided, however, the City Council, in its sole and unfettered discretion, may abandon Mrs[ Pointe Dev Aqr 2001 —27— establishment of the District upon the conclusion of the public hearing required by California Government Code Section 53321 and/or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code Section 53345 . In the event that a District is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence . 7 . 3 . If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City' s legal boundaries . The process shall generally follow Government Code Section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest , attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent ( 150) on all out -of -pocket costs and City staff costs . 7 .4 . The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of an�:)rova. : `.3r Trace Ee9E-aEi-. etap and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough gradingt and construction of on-site and off-site improvements . cs - _ _ . - . a-ed -Ter ry tae. _ In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7 . 5 . City agrees that whenever possible as determined by west Pointe Dev Aqr 7001 -2 8 - r City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete . 7 . 6 . City agrees that the Park Fee - land ..ti i fiereye e-nt� required under subsection 6 . 9 . of this Agreement meets Developer' s obligation for park land dedication provisions of state law and City codes . ext _ ewe 1,-�-ag-tr:Its 1 ,3-e�(ee s s e: a tre 7 . 7 . City agrees, at no cost to City, to cooperate with Developer to allow Developer to receive the maximum amount of tax benefits for the dedication of public open space-±n- P -,fir, _✓ i2 9d .3 of lot 7 . 8 . The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the b-peeif e—F-4a-F?roce°: y required herein for the duration such units are required to be maintained as affordable consistent with the provisions of subsection 6 . 14 . 7 . 9 . City agrees to allow for a variation of five feet (51 ) maximum in the grades as shown on the Grading Plan exhibit of the E-�eeeJ-€tee n -Pfoper=v subject to approval of the Director of Community Development upon a determination by the Director in his/her sole discretion that the overall design and visual quality of the S-pee� f , e —',ter--Proper- •✓ would not be significantly affected. 7 . 10 . - _ E..e et Ehe _ es Ave.q,je _ .. agei iq9 =s w r� TES_- l C'—. - . s h a t l 1ce the e e. g a: �Fri6��Tri e f ff e e E--a at t-.4e -t-z :.:ne-Cif -9 e: 7 . 11 . City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map development permit or development agreement with one or more other developers . West Pointe DCv Aqr 2001 -29- 7 . 12 . Deve 1 el3e F _ *qa 1 1 iget be—y-eq, iic--rz P e­a7d f Fie v—R a_d aT *l Ti 6 L-e. N e te' rF.is-i t':s a g e f f 6!-:-�-ITmr= !�P 2 '4 8 . Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement , such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9 . Demonstration of Good Faith Compliance. In order to ascertain compliance by Developers with the provisions of this Agreement , the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15 . 40 . of City or any successor thereof then in effect . The failure of City to conduct any such annual review shall not , in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developers hereunder or render this Agreement invalid or void. 10 . Authorized Delays . Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay" , as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof , Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot ; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought ; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. West Pointe Dev Aar 2001 - 30- , 11 . Default Provisions . 11 . 1 . Default by Developer. Ne T:ic Developer shall be deemed to have breached this Agreement dfa-_- - i _ rrr1 IE)e de e me —Z P. 1 f i t : (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement ; or (c) materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11 .2 . Default by City . City shall be deemed in breach of this Agreement if it -4-a4—materially breaches any of the provisions of the Agreement and the same is not cure within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11 . 3 . Content of Notice of Violation . Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement , the nature of the alleged breach, and the manner in which the hest Pointe Dev Aqr 2001 -3 1 - breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof . 11 .4 . Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be .inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project . The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and/or specific performance . The remedies for breach of the Agreement by a-Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding Subsection 11 . 5, if the breach is of _ or Ssubsection_6 . i4 -C . ! (affordable housing) of this Agreement , City shall have the right to withhold the issuance of building permits to a44----Developers throughout the Project &-r---a—from the date that the notice of violation was given pursuant to subsection 11 .2 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute . ...=� tai O i-cf E i 6 i-1--ci ir:zi-cz�'�=:6 -L�P'o Fh:•• he f:e, Fide e�Eti�O� a D 111 a !=e a e-i�I e--tom , --a"�-e }+ siaeh b r e a e selEly tB E;cie-D,`yelepei- Ek.LiraE—ee--i='_ ted t-'iE breach. -Atiy e d c_ Wes'. Pointe DeV Aqr 2001 - 3 2 - - - V«s crib i elaEiei-. . At zhe y s e R EJ a E-� eat I:?e—n eE'e e ;Le eve r writzrzeg «�,.,G e 9' o f ec� �.`—.a r C t e t-eeT e LiT-,T a LC e s -1 TL I-I a;:F e address sf— !=�e ` t r�q r ma,�Es seee��rE-r .. _ ��ZT� --SIT. e eeeiess :3 lie.11--b be s e'.ir- 0''f .-F S E e-a :'a t4 fi±t e a' c'i a EE"-"a a-L4 12 . Mortgage Protection. At the same time that City gives notice to ae-;-Developer of a breach-4�� r-r: ele,-e , City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier" ) , provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail , registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit . Each Financier that has given prior notice to City pursuant to this section shall have the right , at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen ( 15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer' s breach without allowing the Financier to cure the same as specified herein . Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13 . Estoppel Certificate. At any time and from time to time, a,=� Developer may deliver written notice to City and City may deliver written notice to any-Developer requesting that such Party certify in writing that , to the knowledge of the certifying Party, ( i ) this Agreement is in full force and effect and a binding obligation of the Parties, ( ii ) this Agreement has not been amended, or if amended, the identity of each amendment , and (iii ) the requesting Party is not in breach of this Agreement , or if in breach, a description of West Poin:e Dev Agr 2001 - 3 3 - each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice . City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest . 14 . Administration of Agreement . Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the a;feeEed Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten ( 10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed . The -3ffec-eer5- Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section . 15 . Amendment or Termination by Mutual Consent . In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect , this Agreement may be amended or terminated, in whole or in part , a� Ee n-y De•eleeerby mutual consent of City and the affected Developer. Ne- amore!:dnent—r Yt� -1 —p a}dc`ber-� Ee--�,r,7 a e e i---ate—�e i=m:3 m re f a v e r-a b 1 h a e t e L�30Le-1-6�•--� by sre Pre- _ n.. ,a±9 e i=-t-c r - _ -i z.L—E F) � h t s Aq i-eeFPei-E: app fit shall be eee-�eei Ee be _ .. e h !�3 at chic E t L19F, izra . .e'd e f9 i be e e;iiie s e f f ee E r'v� t--E i-e 4W_-tzh t .�-r-9 A . 16 . Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, that Developer' s performance pursuant to this Agreement . Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and Wrst Pointe Dev Act 2001 -3 4 - agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof . 17 . Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element . 18 . Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937 . 19 . Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit , whichever occurs last , unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval . Upon expiration of the term or earlier termination of this Agreement , the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof , to the extent permitted by applicable laws . 20 . Notices . All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "C" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21 . Entire Agreement . This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. West Pointe Deo Aqr 2001 - 35- .�� .X �A 22 . Waiver. No waiver of any provision of this Agreement 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 it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought . 23 . Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement . 24 . Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect . Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developers, jointly or severally. 25 . No Third Party Beneficiaries . This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest . No other person shall have any right of action based upon any provision of this Agreement . 26 . Recordation of Agreement and Amendments . This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect . 27 . Cooperation Between City and Developers . City and eaelt Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement . 28 . Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement . Should any provision of this Agreement be found to be In conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision Must Pointe Dev Aqr 2001 - 36 - of this Agreement shall prevail . Should any provision of the ! !:if _- ,.-.r ..• e� ie .iei Fifiairei=� I,nple-nentat on Plan be found to be in conflict with any provision of this Agreement , the provisions of the [mp1eme:-,tat :c-1 Plan shall prevail . 29 . Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30 . Governing Law and Venue . This Agreement is made, entered into, and executed in the County of Ventura, California , and the laws of the State of California shall govern its interpretation and enforcement . Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura . 31 . Attorneys ' Fees . In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement , the prevailing Party shall be entitled to its reasonable attorneys ' fees and litigation expenses and costs, and any judgment , order or decree rendered in such action, suit or proceeding shall include an award thereof . 32 . Counterparts . This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument . IN WITNESS WHEREOF, West Pointe :Acmes, 'r c . , Feaqtainvoee >q —and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK —a—rcs Rasmussen Patrick Hunter °es _ uer,t Mayor West Pointe Dev Aqr 2001 —37 - EXHIBIT "B" RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 COVENANT RUNNING WITH THE LAND THIS COVENANT is made this day of by and between West Po_ nte Home= , Inc . ,_-�t Nevada Corr�orat :c-. Gene , ' _ _. ( "Developer" ) and the City of Moorpark, a municipal corporation ( "City" ) . WHEREAS, Developer is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as Lot of Tract No. ( "the Developer' s Property" ) ; and WHEREAS, City is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as ( "the City ' s Property" ) ; and WHEREAS, Developer and City are parties to that certain Development Agreement recorded in the office of the County Recorder of the County of Ventura as Instrument No. ("the Development Agreement" ) ; and WHEREAS, pursuant to the Development Agreement , Developer agreed to restrict the use of the Developer Property to certain uses and to transfer all other development rights to the City Property and to record a document to that effect as a condition of approval of the final map for Tract No. ; NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as covenanter and We%t Pointe Jev Aqr 7 0 0 1 _3 8 _ r covenantee, and expressly for the benefit of , and to bind, their successors in interest , the parties agree as follow: 1 . The Developer Property shall be used for the following purposes only: public school facilities, kindergarten through 12th grade 2 . All uses not specified in Paragraph 1 hereof are hereby deemed transferred from the Developer Property to the City Property for the benefit of the City Property. 3 . From time to time, and at any time, City may substitute any other property owned by City on the date of the substitution for the City Property ( "the Substitute Property" ) without the consent of Developer by the recordation of an amendment to this Covenant in the office of the County Recorder of the County of Ventura . The amendment shall describe the Substitute Property and shall provide that , commencing on the date of recordation of the amendment , all uses not specified in Paragraph 2 hereof shall be deemed transferred from the City Property to the Substitute Property for the benefit of the Substitute Property. 4 . All of the covenants, restrictions, and limitations set forth herein shall run with the Developer Property and the City Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Developer Property or the City Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Developer Property or the City Property, by accepting a deed or a contract of sale or similar instrument , accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all of the covenants, restrictions and limitations set forth herein. 5 . This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate an covenant , restriction or limitation hereof . The prevailing party shall be entitled to recover such attorneys ' fees and court costs as it reasonably incurs in such a proceeding. 6 . Tn the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant , which shall remain in full force and effect . Nest Poir.t a Deb Aqr 2001 - 39 - IN WITNESS WHEREOF, zetr--H--a–,-f •ee Ot(�eta—ri=—West P- : -..t hcT,,�-s, :-c . , and City of Moorpark have executed this Covenant on the date first above written. .� ST PC'` —E HOMES,- -' NC. CITY OF MOORPARK .:a•-,es Fas-gussen Patrick Hunter D-es_den' Mayor West Pointe Dev Aqr 2001 -40 - EXHIBIT "C" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: �: st Pc:nte :Ic:lies , 1 -1c . 9c,t heat : a<e B? va . , �i� . e ;C4 V_ I '. age , CA A-- R,,s•r•assen, 7--es-- du-ii Mt'SI Goir1re Dev Aqr 2001 -4 1 -