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AGENDA REPORT 2001 1205 CC REG ITEM 10A
ITEM of li- �- 2oo.t.. ACTrEy`•. rfLOV L wo"s F0:2 S�GtP� Y11AntGe. IN tx4W..t.L4tpYLFa�f}dcc rt-ea#� o P�PJ' }"tT Ld ts rr► is sya/�l� o t k�t e- A7 1 l 7Le rw +LL M B - 9.4-a- .PRRTNE%$ ALL�b9tZe MOORPARK CITY COUNCIL MpYOfi ��}� f+�u• AGENDA REPORTUGL -rte-' TO: The Honorable City Council FROM: Steven Kueny, City Manager DATE: November 29, 2001 (CC Meeting of 12/05/2001) SUBJECT: Consider Memorandum of Understanding (MOU) with North Park Village LP for Processing of Environmental Document, General Plan Amendment, Specific Plan and Related Entitlements (portion of former Specific Plan No. 8 Hidden Creek Ranch) DISCUSSION: At the September 19, 2001, City Council meeting, the representative for the referenced project made a presentation about its proposed Specific Plan and tentative plans to take the project directly to the voters as an initiative measure. The City Council requested that the developer consider going through the City process. This matter was continued to October 3, 2001. The developer subsequently concurred to process the proposed project through the City contingent on a MOU between them and the City. Since this time, City staff and developer have been working on a Memorandum of Understanding (MOU) for City processing of an EIR and GPA, Specific Plan, and related entitlements with a subsequent vote of the public. A copy of the proposed MOU is attached. During this time, the developer paid past due monies to the environmental consultant, Bon Terra, for SP -8. In addition, a deposit was made by the developer, and the same environmental consultant was authorized to begin work on the Initial Study, Notice of Preparation (NOP) and related preliminary analysis. As proposed, the MOU reimburses the City for its unreimbursed prior costs for processing SP -8, and subsequent litigation, provides a schedule of performance, and an outline of the Development Agreement and Specific Plan. Honorable City Council Agenda Report December 5, 2001 Page 2 STAFF RECOMMENDATION: Approve MOU and authorize the Mayor to sign it. SK:db Attachment: Proposed MOU Draft #6 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "MOU ") is entered into effective December _, 2001 ( "Effective Date "), by and among the City of Moorpark, a municipal corporation ( "the City ") and North Park Village, LP, a California limited partnership ( "Developer "). This MOU is made and entered into with respect to the following recitals, and in consideration of the terms, covenants and conditions set forth below: 1.0 RECITALS 1.1 As described below, Developer is the owner of certain real property shown on Exhibit "A" to this MOU ( "the Property "). The City of Moorpark General Plan Land Use Element does not currently provide any land use designation for the Property. The Property is within the City of Moorpark Area of Interest, but currently outside of the Moorpark City Urban Restriction Boundary ( "CURB ") line and the City's incorporated area. The City's General Plan, as amended, requires a public vote in order to include the Property into the City's General Plan under the City's Land Use Element, Section 8.4E. 1.2 Developer desires to seek a public vote on development of the Property through the initiative process. The City has requested that the Developer first proceed through the City's land use and environmental review process, prior to the City placing the development proposal before the electorate. Developer is willing to proceed through the City's land use and environmental review process, provided that the Project Schedule, as described below, is followed by both Developer and the City. Upon voter approval of the initiative, it is the intention of the parties to expeditiously apply to and seek approval from the Ventura County Local Agency Formation Commission ( "LAFCO ") for modification of the Sphere of Influence and annexation of the Property into the City of Moorpark. 1.3 This MOU is intended to outline the parties' agreements and mutual understandings with respect to the processing of Developer's development plans for the Property through the City. In this regard, the City has allowed Developer to start work on the environmental review process prior to completion of the City's general plan pre- screening process This MOU shall serve as the City's general plan pre- screening process. NOW, THEREFORE, the parties agree to the following terms, covenants and conditions: 2.0 PARTIES TO THE MOU 2.1 City. The City of Moorpark is a general law city, duly incorporated under the laws of the State of California. The City's planning area consists of the incorporated area of the City, the City's current Area of Interest and the area within the Moorpark CURB line (which is co- terminus and in the same location as the City's Sphere of Influence line established by the Local Agency Formation Commission ( "LAFCO ")). 2.2 Developer. North Park Village, LP is a limited partnership duly organized and existing under the laws of the State of California and is authorized to conduct business in the Moorpark MOLT ' ! Page/ of 10 Draft #6 State of California. The signatory to this MOU represents that the signatory is authorized to execute this MOU on behalf of Developer. 2.3 No Third Party Beneficiaries. There are no other parties to this MOU, express or implied, direct or indirect. The City and Developer acknowledge that it is not their intent to create any third party beneficiaries to this MOU. 2.4 Assignment. This MOU shall not be assignable in whole or in part by Developer, except that the MOU may be assigned to any lienholder on the Property as of the date of this MOU, provided that such lienholder executes an assignment and assumption agreement, in a form acceptable to the City, assuming all of Developer's obligations hereunder. The City may terminate this MOU for any assignment in violation of this paragraph and Developer shall not be relieved of any of its obligations hereunder for any such assignment. 3.0 THE PROPERTY 3.1 Developer is the owner of certain real property located in the County of Ventura, California, which, in combination with adjacent real property owned by Ventura County Community College District ( "VCCD ") and Unocal, is graphically shown on Exhibit "A," and consists of approximately 3,573.4 acres. The Developer owns approximately 3,548.3 acres, VCCD approximately 8.8 acres and Unocal approximately 16.3 acres. The Property includes a portion of the project which was previously referred to as "Hidden Creek Ranch" and "Specific Plan 8." One of the purposes of this MOU is to outline the process for developing the Property, including all property depicted on Exhibit "A." 4.0 DEVELOPER OBLIGATIONS 4.1 Initial Payment Obligation. Upon execution of this MOU, Developer shall pay to the City the total amount of $150,000, in full and final satisfaction of all the City's claims against Hidden Creek Ranch Partners, L.P. for costs incurred by the City in connection with its prior General Plan and Sphere of Influence update process and prior processing of the Hidden Creek Ranch Specific Plan and all related approvals. Upon execution of this MOU, Developer shall also pay to the City legal fees and costs incurred in all Hidden Ranch litigation matters in the amount of $33,156. Developer also agrees to reimburse City within 30 days of receipt of invoice from City for legal costs plus 15 percent (15 %) City administrative fee for costs from October 1, 2001 until final action on SC 021825, SC 021959, and SC 023388. By making these payments, the City forever releases Developer, Hidden Creek Ranch Partners, L.P. and all successors and affiliates from any and all claims made by the City for all of its costs and expenses, whether known or unknown, which were incurred in connection with the prior General Plan and Sphere of Influence update processes and the Hidden Creek Ranch Specific Plan and all related approvals and litigation. Notwithstanding the foregoing, Developer agrees to indemnify City for any liability for costs and fees awarded in Environmental Coalition of Ventura County v. City of Moorpark et al. (SC 021825, appellate #B 146568 and any subsequent proceedings on this case). Moorpark MOO y t-. Page 2 of 10 Draft #6 4.2 Deposit. Developer shall deposit the amount of $50,000.00 ( "Deposit ") into the Project Trust Account to be established by the City. Pursuant to this MOU, the City may disburse funds from the Project Trust Account to defray costs incurred by the City in the course of administering and processing the Project Entitlements and environmental documents, consistent with the tasks identified in the Project Schedule. Developer shall maintain and continue to replenish said Deposit with the City during the term of this MOU in the manner specified in Section 4.3, below. Upon termination of this MOU, if any portion of the Deposit remains, the City shall return the Deposit balance to Developer without interest thereon. Developer agrees that the City may use the Deposit to pay the City any amounts due the City pursuant to the terms of this MOU. 4.3 City Costs. Developer shall pay City for one hundred percent (100 %) of any City costs related to administering, preparing, reviewing and processing the environmental documents and the Project Entitlements described in this MOU. City will send Developer a cost estimate for the additional costs anticipated for sixty (60) days, when eighty percent (80 %) of the total Deposit, referenced in Section 4.2, above, has been expended. Developer shall then make a supplemental Deposit, based on the City's sixty (60) day cost estimate, within thirty (30) days of receipt of invoice. In no case shall the amount on deposit with the City to pay for City costs be less than $10,000.00, to allow for payment of City costs in the event of termination of this MOU by Developer. The City shall send invoices to Developer, based upon City contract staff costs incurred for the Project Entitlements, as evidenced by supporting invoices from the City Attorney, City Engineer and any other consultants or staff under direct contract to the City. Consistent with the City's adopted Schedule of Land Development Preliminary Processing Fee Deposits, Developer shall pay cost plus fifteen percent (15 %) for contract consultants, City Attorney and City Engineer staff work. Developer shall pay each City invoice within thirty (30) days of receipt, except for those invoices, which are contested or questioned by Developer and returned to the City with written explanation within ten (10) days of receipt of invoice. City shall provide to Developer a written response to any invoice contested or questioned within ten (10) days of receipt of the Developer's response. If Developer and City staff are unable to resolve a dispute over one or more invoices, the matter shall be promptly submitted to the City Council within 30 days from submission for determination and said determination shall be final and binding. 4.4 Invoices. Each City invoice (referred to in Section 4.3, above) shall identify the services performed, City staff member(s) performing the services, the time spent on each task, the specific costs incurred, the amount withdrawn from the Deposit and the Deposit balance. Developer reserves the right to request that the City provide City daily timecards or timesheets substantiating invoiced items. In response to any such request, the City may redact the City Attorney's timecards, timesheets or invoices in order to protect the disclosure of information protected by the attorney - client privilege. 4.5 Application Fees. Payment of City costs, as described in Section 4.3, above, satisfies the Developer's requirement to pay, and will incorporate and satisfy deposits for, the City's application fees associated with the processing of the environmental documents and Moorpark MOU ; Page 3 of 10 Draft 46 Project Entitlements described in this MOU. Developer acknowledges that it is not exempt from any City processing costs. 4.6 Suspend Processing. The City shall have the right to suspend processing of the Project Entitlements and environmental documents in the event that Developer fails to maintain the Deposit as specified in this MOU. The City's right to suspend processing does not apply to the amount of any invoices contested or questioned by Developer, but not yet resolved by City staff or City Council, consistent with Section 4.3, above, so long as the total amount of pending invoices, including unresolved contested invoices, do not exceed the total deposit on hand. 4.7 Project Schedule. City agrees to process the Project Entitlements (and environmental documents) pursuant to the "Project Schedule," attached as Exhibit "E." Both Developer and City acknowledge that time is of the essence in connection with the attached Project Schedule. Therefore, both parties to this MOU will diligently process the Project Entitlements and associated environmental documents, so that the processing/environmental review is completed in accordance with the attached Project Schedule. Developer may decide to stop or otherwise withdraw processing the Project Entitlements and environmental documents if Developer determines that the Project Schedule is not being met, that the proposed mitigation measures associated with the Project Entitlements would render the proposed project economically infeasible, or that the proposed Development Agreement would render the proposed project economically infeasible. If City is notified to stop processing the Project Entitlements and environmental documents, this MOU shall be terminated and the application for the Project Entitlements shall be considered withdrawn, subject to payment of "close- down" costs identified in Section 4.8, below. The City agrees to take final action with respect to certification of the environmental documents and approval of the Project Entitlements in accordance with the Project Schedule, with the exception that for every one day that Developer is late in submitting payment to the City, or a check payment is not honored by the bank due to insufficient funds, the time period may be extended by two days. A payment will be considered late if a check for the full amount of an invoice is not submitted to the City within 30 calendar days following Developer's receipt of invoice, pursuant to payment and notification terms specified in this MOU. Receipt of invoice by mail initiates the 30 -day time period for payment of each invoice. This "late payment" provision does not apply to the amount of any invoices contested or questioned by Developer, but not resolved by City staff or City Council, consistent with Section 4.3, above. The Project Schedule identifies two alternative schedules. Schedule A (Goal) identifies the timeline that must be met to place the Project Entitlements on the November 2002 general election ballot. The parties agree to work in good faith to achieve this schedule, but acknowledge that events may demonstrate that the schedule cannot be reasonably achieved, in which case failure to achieve the schedule will not be deemed to be a breach of this agreement.. Schedule B (Alternative) shall become the governing schedule in the event Schedule A cannot be achieved. 4.8 Developer Processing. Developer will respond promptly to any inquiries from City staff or its consultants concerning draft planning documents or tasks to be performed. Should this MOU be terminated as provided herein, Developer will remain liable for payment of sums previously committed or "close- down" costs, which cannot be reasonably avoided. Moorpark MOU f i IZ .< Page 4 of 10 Draft #6 Payment of such costs not covered by the Project Trust Account will be due and payable within 30 days of the date of written notice of termination. Developer's termination of this MOU shall be deemed a withdrawal of all applications for Project Entitlements. 4.9 State Agency or Federal Studies, Permits or Approvals. City and Developer agree to mutually cooperate in the preparation and processing, at the sole cost of the Developer, state agency or federal studies, permits or approvals necessary to facilitate the timely implementation of the Project Entitlements, including but not limited to Caltrans "Project Study Report" for the proposed interchange, Clean Water Act Section 404 permit or Endangered Species Act Section 10(a) permit. 4.10 Pending Litigation. Litigation is currently pending against the City of Moorpark in an action filed in Ventura County Superior Court, which is entitled, Hidden Creek Ranch, LP, et al. v. The City of Moorpark, et al., Case No. SCO23388. Developer agrees to file a request for dismissal with prejudice of the entire action upon execution of this MOU. 4.11 Conflict of Interest. The Developer agrees not to hire or retain, for a period of one year after City Council final action on the Project Entitlements, any current City employee as of October 1, 2001, consultant retained by the City that worked on the Project Entitlements, or any employee of such consultant. 5.0 PROJECT ENTITLEMENTS 5.1 Entitlements. The project entitlements, permits and approvals shall be referred to collectively as "Project Entitlements" and include the following: (a) All General Plan Amendments, including amendments to the Moorpark CURB line, required to implement the land plan for the Property as outlined in the North Park Preserve and Village Plan ( "the Plan," which is attached as Exhibit "B "), but as modified to incorporate dual access to the Property and Moorpark College, a reduced area for potential expansion of the College and an affordable housing component. (b) Specific Plan, as generally outlined in Exhibit "C;" (the Specific Plan content shall be as required by State law and as generally followed for Specific Plan No. 2, except as necessary to address mitigation measures and issues unique to the Project). (c) Development Agreement, as generally outlined in Exhibit "D;" (the terms of such agreement shall be as generally outlined in development agreements for other property owners in the City, except as necessary to address mitigation measures and property tax issues unique to the Project). (d) City Council Resolution submitting the land plan for the Property to the voters, consistent with the attached Project Schedule; and (e) Environmental documents for the Project Entitlements, with the mutual understanding that, to the extent authorized by CEQA, such environmental documents will be used by the City and other public agencies to address subsequent project- related actions, Moorpark MOU e 2 a ? Page 5 of 10 Draft fib including but not limited to, tentative and final maps, parcel maps, conditional use permits, grading permits, haul route approval, building permits, acquisition of easements and right -of -way and construction of roads and accessways, Community Facilities Act District formation, tree removal permit, encroachment permits and other miscellaneous project- related permits and approvals. 5.2 Environmental Processing/Review. The Project Entitlements described in this MOU will require further environmental documentation pursuant to the requirements of CEQA (Pub.Res.Code § §21000 et seq.) and the state CEQA Guidelines (14 Cal.Code Regs §§ 15000 et seq.). The City will: (a) undertake the preparation, consideration and possible certification of all required environmental documents in the manner required by law; (b) follow all legally prescribed proceedings for the processing of the Project Entitlements, including public notices and hearings; and (c) exercise its independent judgment relative to all Project Entitlements and environmental documents. 5.3 No Obligation to Certify /Approve. City agrees to take final action with respect to certification of the environmental documents and approval of the Project Entitlements in accordance with the Project Schedule. Developer understands and agrees that in no event or circumstance shall this MOU be deemed to require City certification of the environmental impact report or approval of the Project Entitlements described in this MOU. Developer shall also not seek a refund of monies paid to the City for project processing if the Environmental Impact Report is not certified, or if the Project Entitlements are not approved by the City Council. 5.4 Environmental Consultant. Subject to Developer's payment obligations described above, both Developer and the City agree that the City's environmental consultant for the Project Entitlements will be BonTerra Consulting ( "BonTerra "). The City and BonTerra will execute a professional services agreement for the preparation and completion of an environmental impact report and related services for the Project entitlements described in this MOU. The City and Developer acknowledge that work by BonTerra can commence immediately because Developer has paid to BonTerra, through the City, its outstanding balance due in the amount of $10,400.00 and $9,200.00 to perform initial studies for the Project Entitlements, of which the City has retained administrative costs as identified in this MOU. 5.5 Planning Consultant. Subject to Developer's payment obligations described above, both Developer and the City agree that a planning consultant, subject to advance consultation with Developer, may be retained to provide planning and processing services for the Project Entitlements. The City will execute a professional services agreement with the designated planning consultant for the planning and processing services required for the Project Entitlements described in this MOU. 5.6 Developer Participation. City agrees to allow Developer, through its representatives and consultants, to participate in meetings and discussions with City staff and retained consultants regarding the preparation of the Project Entitlement documents, and the environmental documentation associated with the Project Entitlements, including preparation of draft documents for City staff review and consideration, and the review and revision of draft environmental documents prepared by the City's consultants. The City retains its full discretion to independently meet with the City's consultants, and to independently review all project and environmental documentation. Moorpark MOU Page 6 of 10 Draft #6 Developer shall receive from the City copies of all completed environmental documents prepared by the environmental consultant for the Project Entitlements described in this MOU. City staff and Developer will work cooperatively regarding the preparation of draft and final environmental documents and Project Entitlements, including the opportunity of Developer to review and comment on draft reports prior to distribution. The City retains its full discretion on the final drafts of all documents released to the public. 5.7 Senior Management. City agrees to schedule and participate in a meeting or conference call between Developer and City Manager at least once every two (2) weeks to review project progress and Project Schedule, and to resolve outstanding issues, if any. 6.0 TERM OF AGREEMENT 6.1 Effective Date. This MOU shall become operative on the Effective Date identified above and, unless earlier terminated pursuant to the terms of this MOU, shall continue in effect until City Council action on the Project Entitlements and environmental documents or certification of the election results, whichever is later, except that the indemnification provision of Sections 7.7 and 7.12 shall survive termination or expiration of this MOU for any claims or causes of action arising during the term of this MOU. The term of this MOU may be extended by the further written agreement of the parties. 7.0 OTHER PROVISIONS 7.1 Integrated Agreement. This MOU constitutes the final agreement between the parties and supersedes all prior oral or written negotiations, discussions, communications, promises, covenants, understandings or representations between the City and Developer, and Developer's predecessors in interest, regarding the subject of this MOU. Notwithstanding the foregoing, the parties acknowledge that the provisions of any other valid mutual written agreements shall remain in full force and effect. 7.2 Construction[Interpretation. Both parties to this MOU acknowledge that they have been represented by counsel in respect of the negotiation and drafting of this MOU, and that no terms, covenant or condition of this MOU shall be construed or interpreted by reference to the extent to which either party participated in the drafting of the MOU, or any part thereof. 7.3 No Waiver of Any Default. The parties to this MOU do not waive any default by a party to the MOU by virtue of failing to take prompt action with respect to such default. 7.4 Attorneys' Fees. In any action or proceeding arising under this MOU, or to enforce the provisions of this MOU, each party shall bear its own attorneys' fees and costs. 7.5 Interpretation and Governing Law. This MOU and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Moorpark MOU i " Nagy 7 of 10 Draft #G 7.6 Force Majeure. Developer agrees that the City shall not be deemed to be in default where failure or delay in performance of any of the City's obligations under this MOU to process the Project Entitlements is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the City's control, government regulations (including those federal and state agencies with environmental permitting authority), or court actions (such as restraining orders or injunctions). If any such events shall occur, the terms of this MOU and the time for performance by the City of its obligations hereunder shall be extended by the period of time that such events prevented such performance provided that the term of this MOU shall not be extended under any circumstances for more than three (3) months. 7.7 Hold Harmless. Developer shall hold harmless, indemnify and defend the City and its officers, employees, servants, agents and independent contractors who serve in the role of City Manager, Assistant City Manager, Assistant to City Manager /City Clerk, Director of Community Development, City Engineer or City Attorney ( "Indemnitees ") from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Developer or any of its officers, employees or agents in the performance of this Agreement, except such damage as is caused by the sole negligence of the City. Developer also agrees to hold harmless, indemnify and defend Indemnitees from any Third Party Litigation (as contemplated in Section 7.12), including, but not limited to, litigation challenging any of the Project Entitlements, environmental certification for the Project Entitlements and the processing and approvals thereof. 7.8 Notices. Any notice called for in this MOU shall be by hand - delivery, overnight courier service, or registered or certified mail as follows: To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Steven Kueny, City Manager With a Copy to: Burke, Williams & Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017-3102 Attn: Joseph M. Montes To Developer: North Park Village, LP 270 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attn: James P. Baldwin With a Copy to: North Park Village, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim J. Kilkenny Moorpark MOU 0 `� Page 8 of 10 Draft #6 With a Copy to: Gatzke Dillon & Ballance LLP 1921 Palomar Oaks Way, Suite 200 Carlsbad, CA 92008 Attn: Mark J. Dillon Any such notices sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy -two (72) hours after the same is so addressed and mailed with postage pre -paid. Notices delivered by overnight service shall be deemed to have been given twenty -four (24) hours after delivery of the same, charges pre -paid to the U.S. Postal Service or private courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. 7.9 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this MOU and the satisfaction of the conditions of this MOU. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this MOU to carry out the intent and to fulfill the provisions of this MOU or to evidence or consummate the transactions contemplated by this MOU. 7.10 Amendments in Writing /Cooperation. This MOU may be amended or modified, but only in writing, duly executed by both parties to this MOU. The parties shall cooperate in good faith with respect to any amendment or modification proposed in order to clarify the intent and application of this MOU, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 7.11 Time of Essence. Time is of the essence in the performance of the provisions of this MOU. 7.12 Third Party Litigation. In the event of the occurrence of Third Party Litigation, the term of this MOU shall be extended for the period of the pendency of the Third Party Litigation or until such time as either the City or Developer (irrespective of who is named in the Third Party Litigation) decide it is no longer in its best interest to defend against the Third Party Litigation at which time written notice shall be provided terminating this MOU. 7.13 Venue. This MOU 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, and Developer agrees to not seek transfer of Venue. 7.14 Exclusive Remedy. The parties hereto understand and agree that other than actions to recover fees owed pursuant to sections 4.1, 4.2, 4.3, 7.7, and/or 7.12 of this MOU, that the exclusive remedy for breach of the MOU by either party shall be termination of this MOU by the non - breaching party. Moorpark MOIL t: 9, �'� .' J Page 9 of 10 Draft #6 7.15 MOU Executed in Counterparts. So that each of the parties may have an executed original of this MOU, this MOU may be executed in counterparts, all of which shall constitute a single MOU. 7.16 Exhibits. All exhibits attached to this MOU and referred to herein are incorporated by this reference and made a part of this MOU. The exhibits identified above are as follows: Exhibit A Property Map and List of Assessor Parcel Numbers Exhibit B North Park Preserve and Village Plan Exhibit C Specific Plan Outline Exhibit D Development Agreement Outline Exhibit E Project Schedule IN WITNESS WHEREOF, the parties to this MOU have executed the MOU on the day and year first set forth above. ATTEST: Deborah S. Traffenstedt, City Clerk CITY OF MOORPARK Patrick Hunter, Mayor NORTH PARK VILLAGE, LP, a California limited partnership By: Kim John Kilkenny Moorpark MOU .: 4 i 4 i. Page 10 of 10 & Village Alan N ture Preserve rth park Nature Location /7" P. EXH`B1T • 1. / •..� + a' ✓ > / / »'�` '< $ Sr '+ %•! ;,Z ��' +S< t'Sf`) : r / r{ 9 y/T Tom.. �` 1 t`c / > w'C Jy�',Q . ^.. rr)• .tt.>�.1 J :: r// / g` i .1�• °4 ,yi S,Q"�>rt .ry.y >. f�, )> !q .! �t c ��f , / q 1 tf S :�� S .. • /h ay%y� /< 'S'i`• l�,..�;r F < 4,/� ?, M ?� fYy'/� A >P'A°�y *' .+.. t 0�/ � r < ! �F N' /. +tt�, R, f )tAi/��7r > / r�ry✓,. - r� i`r ' k. 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"as > ni :riSf 1 EXHIBIT A List of North Park Village Assessors Parcel Numbers North Park Village Acres 500 -0 -120 -035 27.47 500 -0 -120 -055 3.82 500 -0 -120 -065 4.26 500-0-1170-135 296.35 500 -0 -180 -045 640.0 500 -0 -180 -055 620.6 500 -0 -180 -075 632.0 500 -0 -180 -105 60.76 500 -0 -180 -115 571.24 500 -0- 281 -165 26.59 500 -0- 292 -065 211.29 500 -0- 292 -075 31.37 500 -0- 292 -135 33.57 615 -0 -110 -205 115.68 615 -0- 110 -215 255.99 615 -0- 150 -185 17.34 Moorpark College Parcels 500 -0- 281 -175 4.39 500 -0- 292 -145 4.39 Unocal Parcels 500 -0- 281 -385 46.35 500 -0- 292 -025 192.98 North Park Nature Preserve & Village Plan Conceptual Specific Plan Land Uses EXHIBIT �, NP (NORTH PARK NATURE PRESERVE) North C 1250 M Scgk en jet PCS t P Legend ® 'D D85070bn LAW Usa LM PCs 0 tD to ® R Residential LJ) ' Moorpark ko ' campus College DA" Park DOM Moorpark — canoe e kYarctwrya Service © CC Community Center PCS School e0 PCS Public & Community Service Q NP Nature Preserve ® OS Open Space ® P Park - Sports Park ® L Lake ® P Park - Northside North Park Nature Preserve and Village Plan Exhibit B Land Use Table Planning Unit Designation Land Use Units Approx Acres 1 R Residential 172 95.1 2 R Residential 494 241.2 3 R Residential 398 240.7 4 R Residential 168 92.7 5 R Residential 268 157.5 1 -5 R Residential 1500 827.2 6 CC Community Center 3.0 Community and Public Service 7 CPS College Expansion, High School, Community Purpose Facility N/A 21.5 8 CPS Elementary School 12.0 Total Community and Public Service 33.5 9 Preserve and Open Space 10 NP Nature Preserve 2115.8 OS Open Space 501.7 Total Preserve and Open Space 2617.5 11 Parks and Lake 11 P Park - Sports Park 30.9 13 P Park 12.1 12 P Park - Northside 15.0 L Lake 55.0 Total Parks and Open Space 113.0 Grand Total 1,500 3594.2 11/30/2001 North Park MOU Exhibit B Land Use Table EXHIBIT C Specific Plan Outline Introduction Recreational Land Uses 1.1 Authority and Scope 1.2 Project Location and Description Architectural Character 1.2.1 Existing Conditions 2.2.4 1.2.2 Existing Uses Fuel Modification Zones 1.2.3 Current Ownership 2.2.7 1.2.4 Surrounding Uses Walls and Fences 1.2.5 Land preservation Act Status 1.3 Project Goals and Objectives 1.3.1 Specific Plan General Goals and Policies 1.3.2 Specific Plan Land Use Goals and Policies 1.3.3 Specific Plan Housing Goals and Policies 1.3.4 Specific Plan Circulation Goals and Policies 1.3.5 Specific Plan Conservation and Open Space Goals and Policies 1.3.6 Specific Plan Public Services and Facilities Goals and Policies 1.3.7 Specific Plan Seismic/Noise/Public Safety Goals and Policies 1.4 Specific Plan Preparation and Process Summary 1.5 Definitions 2 Land Use 2.1 Deve 2.1.1 2.1.2 2.1.3 2.1.4 lopment Concept Land Use Summary Residential Land Uses Commercial Land Uses Parks and Recreation Land Uses 2.1.5 Open Space and Nature Preserve Land Uses 2.1.6 Recreational Land Uses 2.1.7 Public and Community Service Land Uses 2.2 Conceptual Community Design 2.2.1 Introduction 2.2.2 Architectural Character 2.2.3 Landscape Concept 2.2.4 Irrigation/Planting Objectives 2.2.5 Fuel Modification Zones 2.2.6 Sustainable Development Objectives 2.2.7 Landscape Maintenance 2.2.8 Walls and Fences 2.3 Conceptual Grading 2.4 Circulation Plan 2.4.1 Vehicular Circulation 11/30/01 North Park MOU SP Outline i 2.4.2 Vehicular Circulation Elements 2.5 Phasing Plan 2.5.1 Land Use Phasing 2.5.2 Master Tract Maps 3 Public Services and Facilities 3.1 Public Services 3. 1.1 Schools 3.1.2 Parks and Recreation 3.1.3 Fire Protection 3.1.4 Police Protection 3.2 Public Facilities 3.2.1 Domestic Water System 3.2.2 Reclaimed Water Consumption 3.2.3 Wastewater System 3.2.4 Storm Water Drainage 3.2.5 Solid Waste Disposal 3.2.6 Utilities 4 Public Safety 4.1 Noise Attenuation 5 Development Regulations 5.1 Purpose and Intent 5.2 Definitions 5.3 General Provisions 5.4 Residential Designation 5.5 Commercial Designation 5.6 Public and Community Service Designation 5.7 Park and Recreation Designation 5.8 Open Space Designation 5.9 Nature Preserve Designation 5.10 Sign Regulations 5.11 Parking Regulations 5.12 Outdoor Lighting Control 6 Design Guidelines 7 Implementation 7.1 General 7.2 Phasing 7.3 Public Funding and Infrastructure Financing 7.4 Specific Plan Administration 7.5 Substantial Conformance Determinations 8 General Plan Conformance 11/30/01 2 North Park MOU SP Outline a94r EXHIBIT D Development Agreement Outline 1. Recitals 6.11 2. Property Subject To This Agreement 3. Binding Effect Traffic Signals 3.1 Constructive Notice and Acceptance 6.16 3.2 Release Upon Transfer 4. Development of the Property Property Owner Associations 4.1 Permitted Uses 6.20 4.2 Development Standards 4.3 Building Standards 4.4 Reservations and Dedications. 5. Vesting of Development Rights 5.1 Timing of Development 5.2 Amendment of Project Approvals 5.3 Issuance of Subsequent Approvals 5.4 Term of Subsequent Approvals 5.5 Modification of Approvals 5.6 Issuance of Building Permits 5.7 Moratorium on Development 6. Developer Agreements 6.1 Developer Shall Comply 6.2 Land Dedicated to MUSD 6.3 Land Dedicated to City 6.4 Development Fee 6.5 Citywide Traffic Fee 6.6 Community Services Fee 6.7 Conservation Easement 6.8 Parkland Dedicated 6.9 Construct Public Street 6.10 Construct Water Improvements 6.11 Greenbelts, Open Space Area, and Landscaped Areas Dedicated 6.12 Affordable Housing 6.13 Mitigation Measures /Air Quality Fee 6.14 Traffic Signals 6.15 Waives Density Bonus 6.16 Formation of an Assessment District 6.17 Capital Improvement, Development, and Processing Fees 6.18 Property Owner Associations 6.19 Fair Share Traffic Contribution 6.20 Infrastructure Plan 7. City Agreements 7.1 Commit City Resources to Expedited Processing. 1 1/30/01 North Park MOU DA Outline 7.2 Community Facilities District 7.3 Acquire land outside City's Boundaries 7.4 Early Grading Agreement 7.5 Process Concurrently 7.6 Park Land Dedication 7.7 Dedication of Public Open Space 7.8 Affordable Housing Staff 7.9 Variation of Grades .10 Reimbursements 7.11 Eminent Domain 7.12 SPA Plan Satisfies Hillside Management Ordinance 7.13 SPA Plan Satisfies Tree Ordinance 8. Change of Law 9. Annual Review 10. Authorized Delays 11. Default Provision (Include all Default Provisions) 12. Mortgage Protection 13. Estoppel Certificate 14. Administration of Agreement 15. Amendment or Termination by Mutual Consent 16. Indemnification 17. Time of Essence 18. Operative Date Different 19. Term 20. Notices 21. Entire Agreement 22. Waiver. 23. Severability 24. Relationship of the Parties 25. No Third Party Beneficiaries 26. Recordation of Agreement and Amendments 27. Cooperation Between City and Developers 28. Rules of Construction 29. Joint Preparation 30. Governing Law and Venue 31. Attorneys's Fees 32. Counterparts 11/30/01 2 North Park MOU DA Outline Exhibit E Project Schedule Schedule A November 2002 - General Election Schedule Completed ' EIR Consultant Commence Initial Studies November 30, 2001 Applicant Submits Preliminary Application for General Plan Amendment, Specific Plan, Zone Change, Sphere Plan Adjustment and Environmental Checklist. December 5, 2001 Council Adopts MOU December 7, 2001 Notice of Preparation Issued Feb 1, 2002 Draft EIR Completed Feb 2 to March 17, 2002 45 day Public Review Period March 18 to April 5, 2002 Response to Public Comments Drafted April 1, 8, 15, 22, 29. Planning Commission Hearings May 15, 29, June 5, 12, 19, 26 City Council Hearing June 26, 2002 City Council Calls For Election November 5, 2002 Election Schedule B January 2003 - Special Election Schedule Completed EIR Consultant Commence Initial Studies November 30, 2001 Applicant Submits Preliminary Application for General Plan Amendment, Specific Plan, Zone Change, Sphere Plan Adjustment and Environmental Checklist. December 5, 2001 1 Council Adopts MOU December 7, 2001 Notice of Preparation Issued March 29, 2001 Draft EIR Completed March 30 to May 13, 2002 45 day Public Review Period May 14 to June 7, 2002 Response to Public Comments Drafted June 17 to July 1, 2002 Planning Commission Hearings July 10 to August 30, 2002 City Council Hearings October 16, 2002 Council Calls For Election January 14, 2003 Election 11/30/01; Project Scheule � ITEM 10, A. VILLAGE DEVELOPMENT November 30, 2001 VIA MAIL AND FACSIMILE TRANSMITTAL Mr. Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Kueny: RECEIVED DEC 3 2001 CITY OF MOORPARK OFFICE OF THE CITY MANAGER You requested that I document that North Park L.P. has the authority to request dismissal of the litigation Hidden Creek Ranch L.P. et. al. vs. The City of Moorpark, et. al. As I explained to you North Park Village L.P. is the new name of the previous Hidden Creek Ranch L.P., as documented in the enclosed Amendment to the Certificate of Financial Partnership. As I have previously discussed to various City Officials, the ownership of the subject property remains the same, but the management of the entitlement process is now directed by the lenders on the project. Please call if you have any questions. Sincerely, VILLAGE DEVELOPMENT K ohn Kilken Vice President Enclosure cc: Deborah Traffenstedt William Messenger Jim Baldwin C v vtCG , C ", r. fF r ; ; NO'•.-29 -01 13:33 FROM:VILLAGE DEVELOPMENT ID:9496447657 PAGE 2/2 6tatr of IVEL'aldomia Cs. ,• *erretarp of 6tate Il / /01[Y.♦ �j�� �oi�V� i AMENDMENT TO CERTIFICATE OF LIMITED PARTNERSHIP A 530.00 filing fee must accompany this form. IMPORTANT -- Rood instructions before completing this form. This For Filirl Use CIIT� Space q U y 1 SECR�A.— F ATE Fd� NUM ER 2 NAME OF LIMITED PARTNERSHIP 4 11t�rO311 __�__l._ wi den C. PPk R_;nrM IP 3 COMPLETE ONLY THE BOXES WHERE INFORMATION IS BEING CHANGED. ADDMONAL PAGES MAYBE ATTACHED. IF NECESSARY. A. UM,'TFD PAr^FRSMiP NAME (END THE NAME WrH THE WORDS ' UNMD PARTNERSHIP' OR THE A08REVIATION ' L.P. -) NnrthPark V111—a- 1 P ' 3 THe „ cE: ADDRi;S OF THE PRINCIPAL OFFICE ADDIS 959 South Coast Drive, Suite 490 CITI/ Costa Mesa sTATE CA Z2CODE C TH5 STREET ADDRESS IN CALIFORNIA WHERE RECORDS ARE iCF7T STREET ADDRESS CT / STATE CA aP CODE .kDDq,3> CF GENERAL PARTN'EPM NAME ADDPESS CITY STATE ZIP CODE E. N WE CHAINGE OF A GENERAL PARTNER FROM: TO: =. GENERAL PAPTNEWS) CESSATION T �S. GENERAL PARTNER ADDED I NAME I A ONSS CITY STA DP DOGE rl Tr+= PERSON($) AUTHORITFD TO WIND UP AFFAIRS OF NE i1� IMC) PAMNERS`4IP ` NAME ADDRESS CT's' STATE 21P CODE THE NAME OF THE AGENT FOR SERVICE OF PROCESS IF AN INDNIDUAL CALIFORNIA ADDRESS OF THE AGENT FOR SERVICE OF PROCESS ADDRESS 959 South Coast Drive, Suite 490 CITY Costa Mesa STAT5 CA 2xpCoDE 92626 X NUMBER OF GF14FRAL PARTNERS" SIGNATURES REQUIRED FOR RUNG CERTTRCATES OF AMENDMENT, RESTATEMENT, MERGER DWSOLUTION. CONTINUA. TON AND CANCELLATION. C ,TER NUATTERS (AiTACM ADDITIONAL PAGES. IF NEC ARY}. � ;s, :Vi1h1�E:t OF PAC-ES ATTAC: -!ED OF AN1') cR'F� -T q- TriF rcMc,1 CONTAJNED IN I IS DCCUM_E ARE ITX1E AND CORRECT TO MY OWN KNOWLEDGE. 1 DECLARE THAT I AM TKE PERSON W iU 1S i5 IS MY ACT AND DEED. e'XEv,TNG TN6 ENT, �� ;Z�General 1C/3olo Pa rtner William S. Messenger Jr. SIGNAPUR "t ON OR MLSE PRINT NAME DATE S aN VIJRE POSITION OR TTTTE PRINT NAME DAM SEClo1ATF (PEV. S/M FORM LP -2 - RUNG FEE: 530.00 Awovea Dv Secretary of StaTe