HomeMy WebLinkAboutAGENDA REPORT 2001 1219 CC REG ITEM 09BITEM-
MOORPARK CITY COUNCIL--�--
AGENDA REPORT 11y`
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATOM /City Clerk :D ✓ J
DATE: December 13, 2001 (CC Meeting of 12/19/01)
SUBJECT: Consider Adoption of Ordinance No. for Approval of
Development Agreement No. 2001 -01 for West Pointe at
North Ranch (General Plan Amendment 99 -01, Zone Change
99 -01, Residential Planned Development 99 -02 and
Vesting Tentative Tract Map 5187) on the Application
of West Pointe Homes, Inc.
BACKGROUND
At the City Council's meeting on December 5, 2001, the Council
continued the open public hearing for Development Agreement No.
2001 -01 to December 19, 2001. The attached December 5 staff
report (Attachment 1) provides the background information for
the subject Development Agreement.
DISCUSSION
The draft Development Agreement provided with the agenda packet
for the December 5 meeting used the Specific Plan No. 2
Development Agreement as the base document for the West Pointe
project with proposed staff and Planning Commission recommended
amendments shown with use of legislative format.
The draft Development Agreement attached to this agenda report
for the December 19 meeting (Attachment 2) incorporates all of
the prior revisions and the legislative format in the attached
document represents amendments since the December 5 meeting.
Some sections have been renumbered, as shown with legislative
format.
2. Revised Draft Development Agreement
3. Draft Ordinance
11onorable City Council
December 19, 2001 Meeting
Page 2
To summarize, the new revisions for Developer Agreements include
the following:
• Additional clarification regarding open space dedication and
conservation easements is now included in Section 6.10;
• Section 6.11 addresses the current affordable housing
proposal;
• Section 6.20 adds an implementation plan requirement for
determining the "A" Street improvements;
• Section 6.26 addresses photovoltaic system requirements for
residential dwelling units; and
• Various fees are now specified.
The new revisions to City Agreements include the following:
• Section 7.10 has been added requiring the City at Developer's
expense to process a lot line adjustment for the common lot
line between Tract No. 5187 and the Pete Peter's property to
increase Mr. Peter's parcel to ten (10.0) gross acres; and
• Section 7.11 has been added specifying the fee reductions for
the affordable housing units to be constructed by Developer.
Further discussion with the Developer and City Engineer is
continuing regarding the dollar value to be included in Section
6.21 of the attached draft Development Agreement pertaining to
certain traffic and transportation mitigation measures. Staff
will provide the Council with a recommended dollar value for
Section 6.21 at the December 19 meeting.
A draft ordinance for adoption of the Development Agreement is
included as Attachment 3 to this agenda report.
STAFF RECOMMENDATION
1. Take public testimony and close public hearing.
2. If an approval decision is made on the related West Pointe
project, introduce Ordinance No. for first reading,
approving Development Agreement No. 2001 -01.
Attachments:
1. December 5, 2001 Agenda Report (without attachments)
2. Revised Draft Development Agreement
3. Draft Ordinance
a'
n
TO:
FROM:
DATE:
ITEM q. *D ,
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
Steven Kueny, City Manager
November 29, 2001 (CC Meeting of 12/05/01)
SUBJECT: Consider Development Agreement No. 2001 -01 for West
Pointe at North Ranch (General Plan Amendment 99 -01,
Zone Change 99 -01, Residential Planned Development 99-
02 and Vesting Tentative Tract Map 5187) on the
Application of West Pointe Homes, Inc.
BACKGROUND
West Pointe Homes, Inc. is the developer of a proposed project
with 250 residential units. Under another agenda item the City
Council is currently considering approvals for the project
including General Plan Amendment (GPA) 99 -01, Zone Change (ZC)
99 -01, Residential Planned Development (RPD) 99 -02 and Vesting
Tentative Tract Map (VTTM) 5187, and the related Final
Environmental Impact Report (EIR) . The project if approved by
the City Council would supplant existing Tract No. 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. On November 7, 2001, the City Council considered the
Development Agreement and referred it to the Planning Commission
for a public hearing. On November 26, 2001 the Planning
Commission considered the Development Agreement and adopted
Resolution No. PC 2001 -419 recommending approval to the
agreement to City Council.
DISCUSSION
A draft Development Agreement for the above referenced project
has been prepared and was considered by the City Council on
November 7, 2001, and consistent with Municipal Code Section
15.40 the City Council referred the Development Agreement to the
ATTACHMENTl
S: \City Manager \Everyone \ccagenda \Westpointe Dev Agr 1205 2001 cc mtg.doc
➢ d
Honorable City Council Agenda Report
December 5, 2001
Page 2
Planning Commission for public hearing on November 26, 2001 and
set December 5, 2001, as a public hearing date for the City
Council. The City Council also suggested that consideration be
given to including provisions for usage of photovoltaics (solar
energy facilities) in the construction of residential units. At
the time of the Planning Commission meeting, the Ad Hoc
Committee has not yet negotiated this potential provision with
the developer.
On November 26, 2001 at a duly noticed public hearing the
Planning Commission, after considering staff reports and public
testimony, adopted Resolution No. PC 2001 -419 recommending to
the City Council, approval of Development Agreement No. 2001 -01.
The Commission provided a number of edit changes, which will be
incorporated into the final version of the document. In
addition, they expressed strong support for the developer's
obligation to actually construct the affordable housing units.
While not specifically related to this project, the Commission
discussed the relationship of fees and processing time to
affordability and the continued affordability of units initially
sold as affordable units.
The Commission also discussed photovoltaics. It was a consensus
that it probably was not economically viable to use them at this
time. They concurred with staff that it may be more appropriate
as a project condition after more analysis including the
availability of state or federal rebate programs.
In addition to any changes possibly needed as a result of
potential modifications to the mitigation measures, at this time
there are two primary issues that still need to be concluded.
The first is a decision about "A" Street. If it is to be
ultimately connected to the east /west arterial street, should
"A" Street be considered an arterial or collector street; should
it be built during build out of this project or deferred until
Specific Plan No. 1 (SP -1) is considered and constructed; and
should West Pointe Homes be required to build "A" Street to the
east /west collector (or if it's not constructed then build "A"
Street to Gabbert Road) by a time certain regardless of the
timing of SP -1; or should it be the future responsibility of SP-
1 to construct "A" Street beyond the limits of the West Pointe
Honorable City Council Agenda Report
December 5, 2001
Page 3
project? The issue of "A" Street should be resolved as part of
the Tract Map approval.
On the matter of affordable housing, staff is working with the
developer to modify the language to clarify the determination of
affordability and to use references to applicable state law.
SUMMARY
The City Council is being asked to consider Development
Agreement No. 2001 -01 along with General Plan Amendment (GPA)
99 -01, Zone Change No. (ZC) 99 -01, Vesting Tentative Tract Map
(VTTM) No 5187, Residential Planned Development (RPD) No. 99 -02
and the project Environmental Impact Report (EIR) being
considered under another item on the City Council Agenda.
STAFF RECOMMENDATIONS
1. Open the public hearing, take public testimony and continue
the public hearing; and
2. Introduce Ordinance No. , for first reading at same time
as Zoning Ordinance for ZC 99 -01.
Attachments:
1. Draft Development Agreement
SK: LS: db
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
3 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
WEST POINTE HOMES, INC.
Au
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 WEST POINTE
HOMES, INC., a Neal - California Corporation the owner of real
........._....____..__..-.. ......._...,....._......�..___.
property within the City of Moorpark generally referred to as
Vesting Tentative Tract Map 5187 (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 seq. 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 the Final Environmental Impact Report
( "the EIR") for the Project Approvals as defined in
subsection 1.3 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. 99 -01 ("GPA 99 -111), for approximately 350
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. 99 -01 ( "ZC 99 -1 ").
1.3. GPA 99 -1, ZC 99 -1, Tract 5187 and RPD 99 -2
(collectively "the Project Approvals "; individually "a
Project Approval") provide for the development of the
Property and the construction of certain off -site
improvements in connection therewith ( "the Project ").
1.4. By this Agreement, City desires to obtain the binding
agreement of Developer to develop the Property in
West Pointe Dev Agr 2001 #3
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I ( f
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.
1.5. 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, 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.
1.6. 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 -1.
1.7. On November 26, 2001, 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.
1.8. On December 5, 2001, the City Council commenced a duly
noticed public hearing on this Agreement, and at the
conclusion of the hearing on December 19, 2001,
approved the Agreement by Ordinance No. ( "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 Project ".
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 that has been
West Pointe Dev Agr 2001 43
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r
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 (ii) 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
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.
West Pointe Dev Agr 2001 #3
-' 00' 1 '
S.
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.
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.
5.2.
West Pointe Dev Agr 2001 43
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
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.
Amendment of Project Approvals. No amendment of any of
the Project Approvals, whether adopted or approved by
-5-
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.
West Pointe Dev Agr 2001 #3
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 conditionally 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
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 the Property; or
(g) modify the land use from what is permitted by the
City's 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. 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.
West Pointe Dev Agr 2001 43
The term of any Subsequent Approval, except a tentative
map or subdivision improvement or other agreements
relating to the Project, 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
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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 Developer 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.
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
West Pointe Dev Agr 2001 #3
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
the Project Approvals, (iii) all Subs
for which it was the applicant or
interest to the applicant and (iv)
Monitoring Program and any subsequent
program.
Agreement, (ii)
equent Approvals
a successor in
the Mitigation
or supplemental
n T
/ shall he deed
few e -- a- e!antx pith_ - -1 -any,-
te limit use ef the land 'aublie
— e erere - -.ice - fi :� n -t -h C my r._....&f
- �
6.3-2. 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.
6.4-3. As a condition of the issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, Developer shall pay City a
development fee as described herein (the ADevelopment
Fee =). The Development Fee may be expended by City in
its sole and unfettered discretion. On the operative
date of this Agreement, the amount of the Development
Fee shall be Seven Thousand Eight Hundred Fifty Dollars
($7,850.00) per residential unit and Thirty -Five
Thousand, Three Hundred Twenty -Five Dollars
($35,325.00) per gross acre of institutional land on
which the use is located. The fee shall be adjusted
annually commencing one (1) year after the first
residential building permit is issued within Tract
5187 by any increase in the Consumer Price Index (CPI)
until all fees have been paid. The CPI increase shall
West Pointe Dev Agr 2001 43
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 which is four (4) months prior to the month in
which the first residential building permit is issued
within Tract 5187 (e.g., if the permit issuance occurs
in October, then the month of June is used to calculate
the increase). In the event there is a decrease in the
referenced Index for any annual indexing, the
Development Fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
6.5-4. As a condition of the issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, Developer shall pay City a
traffic mitigation fee as described herein (ACitywide
Traffic Fee =). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion.
On the operative date of this Agreement, the amount of
the Citywide Traffic Fee shall be Four Thousand Two
Hundred Forty Dollars ($4,240.00) per residential unit,
and Nineteen Thousand Eighty Dollars ($19,080.00) per
acre of institutional land on which the institutional
use is located. Commencing on January 1, 2003, and
annually thereafter, both categories of the Citywide
Traffic Fee shall be increased to reflect the change in
the State Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of
the Engineering News Record that is available on
December 31 of the preceding year (Aannual indexing =).
In the event there 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. -&5. As a condition of issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, 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 Two
Thousand Thirty Dollars ($2,030.00) per residential
unit, and Six Thousand Four Hundred Twenty -Eight
West Pointe Dev Agr 2001 #3
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Dollars ($6,428.00) per gross acre of institutional
land on which the institutional use is located. This
shall satisfy Developer's Casey Road /Gabbert Road Area
of Contribution (AOC) obligation for the Property. The
City may use these monies for any purpose related to
the Casey Road /Gabbert Road AOC or any other lawful
purpose at its sole and unfettered discretion. City
agrees to accept these payments as full satisfaction of
Developer's obligation to pay Casey Road /Gabbert Road
AOC fees. Commencing on January 1, 2005, 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 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.
6.-8-6. On the operative date of this Agreement, Developer
shall pay all outstanding City processing costs related
to preparation of this Agreement, Project Approvals,
and EIR.
6.-S�7. Prior to the issuance of the building permit for each
residential dwelling unit within the Property,
Developer shall pay a fee in lieu of the dedication of
parkland and related improvements (Park Fee). On the
operative date of this Agreement, the amount of the
Park Fee shall be Nine Thousand Dollars ($9,000.00) for
each residential dwelling unit and Fifty Cents ($.50)
per square foot of each building used for institutional
purposes within the Property. The fee shall be
adjusted annually commencing one (1) year after the
first residential building permit is issued within
Tract 5187 by any increase in the Consumer Price Index
(CPI) until all 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
West Pointe Dev Agr 2001 #3
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month which is four (4) months prior to the month in
which the first residential building permit is issued
within Tract 5187 (e.g., if the permit issuance occurs
in October, then the month of June is used to calculate
the increase). In the event there is a decrease in the
referenced Index for any annual indexing, the Park Fee
shall remain at its then current amount until such time
as the next subsequent annual indexing which results in
an increase.
Developer agrees that the above-described payments
shall be deemed to satisfy the AQuimby= requirement
set forth at California Government Code Section 66477
et seg. for the Property.
6.-1-1-8. Provided that prior to recordation of the first final
.... . . . . ................ . .. . . .................... .... . . ............................................ . . . I . ...........
.. . . . ....... I ... . .. . .......... . . ..... I ....... ... . . ....................... . . = . . . ....... prior . . .... .... ....................................
map for Tract 5187 or January 31, 2004, whichever is
later, Ventura -County Waterworks District No- -
. _1 or any
successor entity confirms that it has sufficient
recycled water to serve tile Public and com.m U
. . . ..... - . . ........... . . . . water . . . . . . 11ril"y owned
. ............. . ......... . . . . . .... . .. . ... . .................................................. ------- .............. . ....... . . . ..................... . . ............... ___1_._____._ . ......... ...........................
-landscaped areas within Tract 5187, then 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, pa-i� -j----and any other public and
commonly owned landscaping and recreation areas. The
amount of -recycled water needed and areas to b . e
irrigated by recycled _water shall be deter mined, by Cit
at its sole discretion. 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
4- '— — — —
for 11-A ether al-1 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 -9. Greenbelts, open space areas, landscaped areas, and
trails lying within each portion of the Property (not
West Pointe Dev Agr 2001 43
-12-
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.
6.10 a) Developer shall dedicate Lot 26_31 as sown on
Vesting Tentative I act — Stan., No. 51 87, in fee
simple interest to City for the purposes of
permanent open -space preservaw ion. Such
._._.` ..................-------..............--_--......... ....._...._--_- ._....._..._._.. ..........
dedication shall be in --------
he forr:. of an irrevocable
West Pointe Dev Agr 2001 43
o.fter or dedication on the first final ma.p for
T;�a.,.L ".] 37 _
�� rr�. o r at C_�.. ry,
_ s -`-eea o�t:i
t i t l e transfer b r � --- - -- - - - - -- �_ ;
--- ..................__ ��_....................._...-__-.........._... ._..............._............_ ..............._.._ . _ are t d and � ega
description may be req ueste. d...._._b�_...:.....C.,...ty... _ -o___-_ ..................._._._
- � City to occur
pri..or to approval of a Grading Permit for Tract
No. 5187
C it*y may at its sole discretion approve
an agency, such as the Santa Konica
_ _.................. - -- ...._ ...................... _ ....__.................... .- --..__.............. .............. ._ .._..........
.ou��tains Conservancy to ho' a qr
_ �, � d �,_a:,t deed in
'rust for the City for Lot 263. � T
%b%.... Con:. current - - -- with......._._ C =_ty ._or ............._other City approved
---._._ .......... ....__._..................... -- - .......
agency acceptance of fee titre for Lo'- 203
Developer shall subm.--"-' an annual payment o City
for the purposes of permanent maxzagement
tnaxntenance.. and initiation monitorin for the
-- - - -- _... J...._......._......_ ..._---- ........_ .............. ...._............. --.,._._.._ r....._...............__....... .................__............
open space Lot 263. On the effective date of this
Agreement, the amount of the Annual Open Space
maintenance Fee shall be Ten Thousand Dollars
0 • C�(�) The fee shall be adusted annually
- .._... - -- '$10,0n0.00).
.............. _._. _............................_. _-_- ----------- ._ . .
thereafter, beginning in Year 2075, by any
increase in the Consumer Price r =nd.e (C'PZ) . The
CPT increase
shall be determined by....__us -ng `_he
?nformation provided b -
�. w t' e L
--- .- ........ ---- .............._..._.... - - ......_.._.. ............................... --- '- ._.................... 7 . S . Department c f
....
an_
consumersT_�.thin the Ji._tos Angeles /Anaheim/
Riverside metropolitan area during the prior
year. The calculation shall be made using T -I_
-13-
�.a
West Pointe Dev Agr 2001 43
mont-h—wi-lich is four (4) months
prior to
the month
in which
the payment is due
ke.g., j---':'
the fee
pdyi-iient
due date occurs -in
October,
—t-hen the
mon+-
......... - - - --------
- -------
is used to calculate the increase'.
................... ** .......... . ...........
In the
_ . . . .
event there is a
..................... _ .................... .............................
decrease
............. . ...
in - - -he
reterencect Index for any annual indexing, the
Annual �Opera. Space Maintenance Fee shall remain at
its L then current amount until such TirnI�_as the
.... . .. .................. . . . . ......................... . . . . . . ........................................... . ...... . . . . . . . . . . .................. I ............. ... . . . ....................... . . . . ........... I .... . . . . . . . ................. -------
next- subsequent annual indexing which results . .... ... ........
in
an increase.
1c) Concurrently with recordation of the first final
. ............... _ . . .. . ....................... . . . . . . = . . . . ............................................. . ...... . . _L i
..................... . .. . . . .. ............. ..... . . . .......................... .............. . . . ... . . . . . .........................
map for . Tract No. 5187, Developer agrees to
1
grant, n. a a
-P
I-orm ccepta 4- ble L'o C J.". t Y, Ca
conservation easement —to retain Lots 251 257,
2_538, 261, 262, 264, a-Irid
.. . . .... ............... . . . . . . .................. . . . . . . . . . . ........... . ............. ................ . ......... . .. . ................... 65, as shown on +C-lie
..... . . . ... ..... --- ------ ......
Vesting Tentative Map, in a pr .. e .......... om n .. ant . 1 . . . . . . . .. . ..................... .
y open
space condition consistent with Civil (._'ode
Section 815 et seq. , except - -for Int-endeA
u s es.- a s
h- - -e- —Ve s-t �in- - -q ------ Tent . i �,
....... . . .................... . . .. ... . . . ........ ................ ... . ......... ..... = .... ......... -at J ve Map and any f inal
j!jaP for Tract 5181 and . ........ . . .................. . .... . _ ... . .. . . .. . .. ...... .........................
following purposes:
Developer shall make improvements at its sole
____ ---- — -----
cost and expense to the trail staging area on �1�ot
........ . . - - - -- - --------- - ---------- - — -------- . . ....... - ....................................... . . . .... . .... . . . . . . . ....................... . . ... ......... . . . . . . .................
251 of Tract No. 5187. The improvements shall be
as determined by the City at its sole discretion
and shall -- include but not be lini �ted o �t
he
following: preparation of a site plan, cTradina,
............ .................... ................. .. . . ................. S� ..................... . .... . . . . . . ......... . . . ........... . . ...... ....... . ......... I ........... . ....... ...... . ...................
installation of a parking lot with paving
material_ —asd—eterm—dned. by the City (eil her
asphalt, concrete, or decomposed qranite—, or
. . . ....... ---------
. ---------- . . .......................................... . . . . . ............. ........ . . . .................. . . . ._.. . _ ....-......- ......_SIT11i lar material) , water a I I ectr .. . —.. ..i. . ....c . . . i. . , . -t... - . . .Y............ I ....... . ............... ......... . . . . . .............. .................. . ... -
services, _.._ .....
security lighting, and fencing and
gates. Improvements shall
be completed prior to
the first occupai-Icy of a residential unit in
M-
act- No. 5187 and to satisfaction - - ----- -
.... y..__._._...........___._ ......_...._ ............... . . . . . . .... . ... . ........................................................... ....--the of: � he
......................... ...1 . ..... . ........ . . . . .............................. .
City. ................. .
siet
ble te
with Givill Gede Seetien 83:rS
e
5187 te
-f- e -r-
aint-i-ng_
-0- ee t-i-e-n -e-as-e �..e-nit
-14-
s; -,I�
w
w
I
4 . 3 . ...... be
v. a - the
-( to
7_
Y y m
t.... __ ass
., . t... -. �... ._ .
O-i --': - �'t-- - on- - -a d--- e- ha- 1- 1.- - - -n.�
-=i-�a=�� . �!C'par
Ilatien
ts shall-be
._.. a resd-de-i.4�_ _._
(d) No extraction of subsurface mineral resources,
excavation, drilling, pumping, mining, or
similar activity shall be allowed in any portion of the
Property zoned Open Space. The limitations and
exclusions described in this subsection shall be
included in the conservation easements. _=he.
6.111. Developer shall provide fifteen (15), four (4)
bedroom and two bath single family detached units with
a minimum of 1,200 square feet and a maximum of 1,500
square feet to be sold to buyers who meet the criteria
for low income (80 percent or less of median income)
and ten (10) , four (4) bedroom and two bath single
family detached units with a minimum of 1,200 square
feet and a maximum of 1,500 square feet to be sold to
buyers who meet the criteria for very low income (50
percent or less of median income). Prior to approval
of the first final map for Tentative Tract Map No.
5187, Developer shall acquire an approximate two -acre
parcel within the Moorpark Redevelopment Agency project
area on which to construct the 25 referenced units.
The parcel must be zoned and have an approved land use
designation to allow construction of the referenced 25
West Pointe Dev Agr 2001 #3
-15-
. � '
West Pointe Dev Agr 2001 #3
units prior to approval of the first final map for
Tract Map No. 5187. --4-ic---l-a
ine r 4 _
_ h
�' -8- Developer shall be responsible for the
following:
(a) Processing of City required entitlements including
but not limited to Tentative Tract and Final Map
and Residential Planned Development Permit (RPD).
(b) Processing of General Plan Amendment, Zone Change,
and environmental document (up to MND but no EIR).
(c) Pay all City capital improvement and mitigation
fees including but not limited to those fees
:requ.i Vie ................_ _ ??�._subsections......._6...._3 ,_.__._`'.. 4: , 6 . 5 6 . 7 6.1.2.
..... _ .........
and ._ .. __ ..................... _.... _ ._.-
6 .. l o this Acxreement - m �
.4 _
`g-_. anin'.y nE
(d) Grade the site per approved map, install all
utilities, and construct all public and private
improvements consistent with City standards
typical for such subdivision. The first ten units
(6 low, 4 very low) shall be constructed and
occupied prior to the 100th 'S4�' -- occupancy in Tract
5187, and the next 15 units (9 low, 6 very low)
shall be constructed and occupied prior to the
occupancy of the 150th unit in Tract 5187.
The �_niGa_al sell Wnq price for she `..5 Linit.s for i_ow-
-- ....... ...---......._....__ .... ...........----- ............... - -- ..__......... ............... _...._...-_-.--.........._._....... ........._.................._.. '- '--- ...................... -- .._................. ---- ._......... ' ------ - - - - -- - - -------
income buyers shall not exceed affardable _housing
cost, as defined in Sec. 50052.5 (b) (2) of California
Health and Safety Codes For a family of 4, the
m.2nt.�1v "a.f.fordable housi.riq costa.__would be 30 times
-- ......._.5-- ._...3 -- ._..........._'---_...._..._ .............--.---_--.._._._.. ............._......_........ -- ----- .__._._............... -' - - -- ....._......... ----.........._..... .........._..........._..._.... _ .....
70% of $71,800, the current :r�edian income fora family
of 4 in Vent --ura County, divided. by 12. This monthly
-16-
amount includes the components identified in Section
6920 o 'E: Ti t I. e 25 of the California Code of Reg-ulat ions
shown below. (See Section 50052.5(c) of the –Health
............
............ .... ....... ...
Sa,"e+-y (Code.) Ihe sellina, -orice for a household
and J_ t Ir
. . .......... .. ..... . . . ............... . . . . .... .... ...... . .. . ............................. ............ . .... . .... . . . .............. ............... . ... . . .. . . . . . . ................................ .
of 4 or fewer, would be $137,500 under current market
conditions, based. upon the following assumptio'ns':
Low IncomeBuyer Me'da
Household of Four 11
Item
Detail
Amount
Purchase Price
$137,500
Down Payment
54 of purchase
$6,875
price
Loan Amount
9 % of c hase
. ....... ........ . . .......... ....
price
3
$1._,0 525
--rnterest Rate
7.50
Property Tax
_b �) i;
81.43/mo.
HOA
$50 /mo.
Fire 1nsuranc_-
$40 /mo.
Maintenance
$30/mo.
Utilities
8100/mo.
Tinlat- sellinq price for a 1,ow-income 1111o11seho1d of five
. . ..... . ........ *______,_,* ............ . ....... .......... . .. . . . ................ .................. * - - - - - --
or more would be based on the affordable housing cost
for
the actual household size.- Under current market
conditions, that -e would be $150,000 for
I . ....... . . ....... .... 1. c __; _0___ __ —a
household of five, $164,6 0 for a household of six'-,-
....... . .............. . . .... . ...... I .... . . ............... . ... .. . . . . ......................... . .. . . . . . . .... . .................................................... . .. ... . . . . . ................ ......... . . . . . . ..................... . . . ........................ . ------
and $177,5500 for a household of seven.
The initial sellinq price fox, the 10 units for very
low � not exceed" 9_O_, 000,J_ase_d on
- ........... . . . ... . ............... . . . .................. . . . . . . . ............................... ..............
the following assumptions:
Household of Four
Item
Detail
Purchase Price
$90,00-u
Down Payment
. . ............ . . . ............. . . .... Payment ............. . . ..
5% o f purchase
....... . ...... . . . . . . . . ... ................... ...
price
84,500
................. . . . . . . . . .......
Loan Amount
9S% of
$85,5100
—purchase
price
Rate
7.5%
Pro-Derty Tax
?.25a
$94/mo.
Fire 1_nsluranlce
$40 /mo.
West Pointe Dev Agr 2001 #3
-17-
ance
I $3o7mo .
JUtilities
I L22 /Mo
West Pointe Dev Agr 2001 #3
Twat -L :�j �gf for a ye� .. ........ n ome household of
. ......... j��, p_ _ -� c
five or more would be based on the affordable housino
cost for the actual household size. Under current
market conditions, I_., t for a
_price would J?:��__�99, 500
household of fivg,,1109 000 for a household of six,
= .............. .............. ..... . . . . ...........
and $188,500 for a household of seven.
The assumptions associated with the above Purchase
price_ f figures it c ' age a minimum of 5% doynygymepQ
based on buyer's purchase price, nuortgage interest
rate of 7.5%, no mortgage insurance, property tax rate
of 1.15%,jigmeowners' association dues of $50 — .--er
mon��Q,Qyy insurain
.? intenance
QjEs of $40 per month, and utilities of $100 per
Month -
if "affordable housing cost' c s defiiied irl SeCti(M
- - - - - - - --- -
50052.5 of California Health and Safety Code, should
change in the future, the above standards will. be
modified to reflect such chang
The difference between the selling price and market
value shall be retained by the City as a second deed
of trust and will be further defined in the Affordable
Housing Agreement. The market value at time of sale
shall be �Ta7entified by developer, with supporting
documentation provided to City to justify the imputed
value. City shall verify market value and notify
dev of its concurrence or qjsagj�q ment with
.......... I ........ . . . .. .. . ....................................... . ......... ......................................... --- . ......... . ........................... ................ . . . ............
developer's valuation. If (I---sa- ees with
developer's valuation, City shall conduct its own
valuation,pycclys, and at its sole discretion make a
final determination of the current market value of M
property. City shall control the resale of . .... any ....... . ..... of the
units.
Developer shall pay ,closing ,costs for each unQqq.'-
to exceed $5,000. Three years following execution of
this Development Agreement, and for each of fifteen
subsesuent years, the maximum 5 000 to be paid for
closing costs small--- b_ e increased �,r
± . . . . .............. . .. . . - . ...................................... _,nually by an
percentage increase in the Consumer PART"NaTTINT)''
for All.. Urban Consumers for Los
Angeles/OrangezRi viers ide metyppallitan area, as
published from time to time ............ by the United States
............ ---- . . .... . .....................
M
Department of Gabor or, in the event such index is no
longer pu.bl.ished or otherwise available, such
replacement index as imay be agreed u,�fori by_ Owner and
City. All calculations relating to the Consumer Price
.......�........... -- ..............----._................ ..__._....._.................... ---- ._...._._...... . ......y_......................- ----- ._......_................... --._......_.... ........__..................... - - -- .._.. ....._..._................ - - - -- - ...........
I1dex shall be made us ng the month which is 4 months
prior to the month. th _s Development Agreement is
executed.
The initial sales price, market value, buyer
eligibility, resale restrictions, respective role of
City and Developer, and any other items determined
necessary by the City shall be set forth in the
Affordable Housing Implementation and Resale
Restriction Plan, which shall be approved by the City
Council in its sole and unfettered discretion prior to
recordation of the first final Tract Map for this
project. The Developer and City shall, prior to the
occupancy of the first residential unit for the
Project, execute an Affordable Housing Agreement that
incorporates the Plan in total and is consistent with
this Agreement. Developer shall pay the City's direct
costs for preparation and review of the Plan and the
Affordable Housing Agreement up to a maximum of Seven
Thousand, Five Hundred Dollars ($7,500.00).
6.12. Developer agrees that the Mitigation Measures
included in the City Council certified Final
Environmental Impact Report (EIR) and Mitigation
Monitoring Program, or subsequent environmental
clearance document approved by the Council, set forth
the mitigation requirements for air quality impacts.
Developer agrees to pay to City an air quality
mitigation fee, as described herein (Air Quality Fee),
in satisfaction of the Transportation Demand Management
Fund mitigation requirement in the Final Environmental
Impact Report (EIR) for theProperty. The Air Quality
Fee may be expended by City in its sole discretion for
reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
At -the time the Fee is due, ac- sole A4 ssseretien,
City may at its sole discretion require Developer to
purchase equipment, vehicles, or other items, contract
and pay for services, or make improvements for which
Developer shall receive equivalent credit against
Air Quality Fee payments or refund of previous
payments.
West Pointe Dev Agr 2001 as -19-
qq
pl
The Air Quality Fee shall be Three Hid-_nd�ed Gd-A—ty
One
Thousand Four Hundred Forty-Four Dolliars 1,81,444.001
. . . . . ..... . ............ I
per residential unit to be paid prior to the issuance
... . . .......... ... . . . . .................... - - - -- -------- ** ......... . .
of reach building permit for the first residential
unit in Tract 5187. Commencing on January 1, 2005, and
annually thereafter the Air Quality Fee shall be
adjusted by any increase in the Consumer Price Index
(CPI) until all 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 September over the prior month of September.
In the event there is a decrease in the CPI for any
annual indexing, the fee shall remain at its then
current amount until such time as the next subsequent
annual indexing which results in an increase.
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.
6.-113. Prior to be .'ie- 7T�-�---approval of the f irst
grading permit for the
Property, or- approval of the first final map of Trace.
.... . ..... ... ................. . ... .
. . .. .............. ... . . ........ * . ....... . ...... . ...... . .... . .. * -- - - - - --------- - ----- . . submit .......... ** ......... .
5187, whichever occurs -first, Developer shall "-
and gain approval from City Council of an
Implementation Plan. The Implementation Plan shall
address the requirements for phasing and construction
responsibilities of Developer and any successors
including sureties for performance for all grading,
construction of storm drains and utilities, private and
public streets, and other private and public
improvements on or offsite required by Tract 5187, RPD
99-2 and this Agreement. The implementation Plan sha...1
also address the entities responsible and method and
timing of guarantee for each component Developer's
i . ............... . . . _ ............. * ----------- ::: ........... _ ......................... . .. . __.' -------------- .................. = ........... . . . . . .. . ...... _L ,
obligations pursuant -�o Tract 5187, RPD' __99 -2, ____a'_nd this
.Agreement. The approval of the Implementation Plan and
any Amendments thereto shall be at the City Council's
sole discretion. Prior to sale or any transfer of
I ............... ... ..... .. . . . . ... . ....................... I ........................ ------ - . . . ................... ............ . .. . . . . . .......... .............. . . . .......................... . . .
ownership of any -port-ion of Tract 5187 (exce f_-
individual -Lots after construction of houses),
Developer shall seek City approval of an amendment- to
West Pointe Dev Agr 2001 43
-20-
the .implementation Plan to address the responsibilities
of each. entity.
-`� : --- �°��c� --t-h y -tee-• � -�-- -� �- �.
e e t e
{-' E�ri% �- a- 3- �::' �.-_- ?�.' �--- r;• ��-•: 3--- �-E'�E".- �:�- �E-3si._...-:�: `- ..k-�'. ��-- �3�- az�-- ��!- c�t•- �1-- �?- �T(�~�£3
6.14. 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 on the Property.
6.2-815. Developer agrees to cast affirmative ballots for the
formation of an one or more assessment district: and
levying of assessments, for the maintenance of parkway
and median landscaping, street lighting and if
requested by the City Council, parks for the provision
of special benefits conferred by same upon properties
within the Project. Developer further agrees to form
one or more property owner associations and to obligate
said associations to provide for maintenance of parkway
and median landscaping, street lighting, and if
requested by the City Council, parks in the event the
aforementioned assessment district is dissolved or
altered in any way or assessments are reduced or
limited in any way by a ballot election of property
owners, or if the assessment district is invalidated by
court action. Prior to recordation of the first final
map for the Property, if required by City at its sole
discretion, Developer shall also form one or more
property owner associations to assume ownership and
maintenance of open space land, trails, storm water
detention basins and related drainage facilities,
landscaping, access road to water tank site, and other
amenities, and to comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of
the Project. The obligation of said property owner
associations shall be more specifically defined in the
conditions of approval of Tract 5187 and RPD 99 -2.
West Pointe Dev Agr 2001 #3
-21-
6.16. In 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.
5.17. Developer shall pay the Los Angeles Avenue Area of
Contribution (AOC) fee for each residential lot and
institutional use prior to the issuance of a building
permit for each lot or use. The AOC fee shall be the
dollar amount in effect at the time of issuance of the
building permit for each residential lot and
institutional use.
6.18 The developer shall construct the r
flood control basin (Lot 259 on
Pquired regional
Tract 5187) as
depicted in the Walnut /Gabbert Deficiency Study in
lieu of their pro rata contribution for Drainage,
Sediment Transport and Flood Control Planning
Mitigation Measure #4 in the Mitigation Monitoring
Program. The estimated cost for this basin is
approximately $400,000. If the project's pro rata
share is determined by City to exceed this amount, the
developer shall be required to pay the difference of
the cost of improvement and their proposed potential
pro rata share prior to approval of the first final
map.
. Prier te _ .......:�._.._._.ra- n<_........ er +r er-t-
;,,vh -&heve .. ae e � i- s - i , t- - h- e-- 4De-V- <-- I e P c p t-e -- he
y $
-, ilL
t' L'f�a_..._..e.��LYLI.�`]�„U _-�e^._.C�`�- --',.L 1 S ' "�� l.i ..i'X.:'$'�e � •^• i- _
6.19.E Prior to approval of the first final map for the
Property, the Developer shall pay to the City
West Pointe Dev Agr 2001 #3
-22-
H= ndred Seventy Thousand Dollars ($4b-70, 000.00) to
satisfy the Final EIR Biological and Botanical
Resources Mitigation Measures 5., 18., and 19. This
payment may be expended by City in its sole discretion
for open space acquisition and maintenance and habitat
restoration and preservation.
6.26-20. Developer shall construct "All Street from "E'! Street
to the southern boundary of Tract 5187 prior to
occupancy of the one hundred sixty -fifth (165th)
residential unit of Tract 5187. i "A.-L-1
st
eE3 xf1e ( e �w -- _ B ;r s 9 ku e - - - -r Ek a 3 d.
eeFH -I �- _ .. he
4! tt
m .
be4a- _. —The design, plans and specifications
including _r -Lgnt of way r_egu_ireme_nts_for the above -
referenced improvements shall be approved by City at
its sole discretion and incorporated as wart of the
Implementation Plan. Developer shall also pay City
for its plan check, inspection and administrative
costs related to the design and construction of said
improvements. _ f
_. . -._ , _
d- u-er!: y_Ci.. at - - -i - .1.- �.k.._...di et%: --- Developer
shall provide a surety in an amount and form
determined by City at its sole discretion obligating
Developer for the long -term maintenance of "At! Street
�ze-�{s-c�n�tr -ra -until two years after
the occupancy of the last residential unit in Tract
5187. The obligation shall provide for a 50 -year life
for "A!! Street.
6.2421. Prior to issuance of the first residential building
permit for the Property, the Developer shall pay to
the City Dollars ($ ) to
satisfy the Final R Mitigation Monitoring Program
Traffic and Transportation Mitigation Measures 1. -and
2• and 6. and shall pay to the City Twenty
Thousand Dollars ($20,000) to satisfy Public Services
and Utilities Mitigation Measure 2. Th- i-aese payments
may be expended by City in its sole discretion.
Developer agrees that no more than ninety -nine (99)
residential building permits will be issued for the
Property until the intersection of Moorpark Avenue (SR
West Pointe Dev Agr 2001 #3
-23-
23) and High Street is widened to provide dedicated
through, right -turn and left -turn lanes for both the
north and south legs of the intersection, a dedicated
right -turn lane for southbound Walnut Canyon Road at
Casey Road is constructed, and the timing of all
signalized intersections from Spring Road /Walnut
Canyon Road south to Los Angeles Avenue /Moorpark
Avenue are synchronized consistent with plans approved
by City in its sole discretion subject to Caltrans
concurrence.
6.2 -422. Prior to occupancy of the first residential unit in
....... --
Tract 5187 and RPD 99 -2, Developer shall acquire at
its sole cost and expense the property needed to
improve and make improvements to the Walnut Canyon
Road frontage of the contiguous property to the North
(Peters) and to the South (Lazano) consistent with the
Walnut Canyon Corridor Study. Final design, plans and
specifications shall be as approved by the City in its
sole discretion subject to Caltrans concurrence.
6.- 3-423. .... Developer at its sole cost and expense shall construct
..... ....... _
the public trail system across the Walnut Canyon
frontage of the Property and across the adjacent
parcel to the North to connect to the trail in Tract
4928 and across the adjacent property to the south to
connect to a point as determined by the City at its
sole discretion, including inspection and City
administrative costs. Developer shall also at its sole
cost and expense prepare a design, plans and
specifications for submittal to City. City shall
approve design, plans and specifications at its sole
discretion. The required improvements shall also
include construction 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 two hundredth (200th) residential unit.
6.-3 =2-24. Developer agrees that any fees and payments pursuant
to this Agreement shall be made without reservation,
West Pointe Dev Agr 2001 #3
-24-
and Developer expressly waives the right to payment of
any such fees under protest pursuant to California
Government Code Section 66020 and statutes amendatory
or supplementary thereto.
6.25. Devel_ope_r agrees to comply with Section 15.40. 150 of
the Moorr)ark Municipal Code and an provision
_- -- ------ �' - - - - -- Municipal ---------- - - - - -- -
amendato �y or supplementary emeYi�. {.wry thereto wor annual re Jew
.__._..........._._._........__-_ ..............._.._..___.............._...._..__...-_ aarr..............._...................._..............._._._.__-----..........._.......................__.___._._...................._...__...................._..---._._...---.... ._--- .-- '- .................._..
of this Agreement- and further agrees that the annual
revier� sl s.l.l include evaluation of -its ccm�l.i.ance wits
the a_2 oved tai t�_aat o "m Man tors "z P c�q�ain
' .
6.25 Developer agrees to install a photovoltaic system for
each resident '-al dwe_ll.i.ng uni..t in Tract 5187
consistent with City policy- and standards so '_ong as
---- ..._._._._._____.._.._- j - . --- ----------
_ -.-
C.=_ Y........._adopts .......... ......._ o `....= Y..._..._and ........_standar Is p :ior....._.to January
- .... - - - ._... - -- ........................_._
31, 2004, or approval of the first final map for Tract
5187, whichever is later.
7. City Agreements.
7.1. City
West Pointe Dev Agr 2001 #3
shall commit the - c -y- reasonable
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.
ti-- t ha-
v �
e -f t ck x -'e µi "� ... EHI
and -
are --Rd Mat—be
dv;
-
p
n----t-he -4.: he p b i e -.he a = - c - < q a.. r.e d-- -y
e.e-nelusien ef the -- - V i
Ge������t ....- CC'od:e---- S- e -�•: -t �:�n- _._.5- ��- 4�__ -- -� �t.--- �:- e--- e�ve�- �- �.a- �:-- --�- -�
-25-
shall afferd the
t
d•e-v- ��=�d- _ �:, �_ �. -- d- e�� --c�� = ,�- he--- r�e-- .�� =ree :-
7.2 =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 (15 %) on all out -of- pocket costs and
City staff costs.
7.3-4. 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 approval for Tract
5187 and RPD 99 -2 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 grading and
construction of on -site and off -site improvements. 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.
7.4.5 -. City agrees that whenever possible as determined by
City in its sole discretion to process concurrently all
land use entitlements for the same property so long as
said entitlements are deemed complete.
7.5 -. City agrees that the Park Fee required under subsection
6.9. of this Agreement meets Developer's obligation for
park land dedication provisions of state law and City
codes.
West Pointe Dev Agr 2001 #3
-26-
7.64. 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 of lot 263.
. . . . . . . . . . . . . . . . . .... . .
7. "I.-& The City agrees to appoint an affordable housing staff
person to oversee the implementation of the affordable
housing requirements for the Property required herein
for the duration such units are required to be
maintained as affordable consistent with the
provisions of subsection 6.14.
7.8.4 City agrees to allow for a variation of five feet (51)
maximum in the grades as shown on the Grading Plan
exhibit of the Property 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 Property
would not be significantly affected.
7.9. -14- 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.
7 . 14�. City agrees at Developer's sole cost, and. expense to
process a lot line adjustment to modify the common lot
- ling
_ ........_a__- portion of Tract 5187 and APIv 540 -0230 -195
7.11
West Pointe Dev Agr 2001 #3
keeter,s Parcel) to increase Peter's Parcel to -1i
(10) gross acres. The requested lot line adjustment
must conform to the State Subdivision :dap Act and City
SubdivzsioY? Grdinaiie !n affect l',, the me
..........--.__........._._._ ....................___...,..........._' �---...._...............................___....__...- _......... _........._._.._....--.---.................._.._._............ ........_.....___._........._.. _,_�.............._....___C7.
application nor a lot line adjustment is filed with
City, sh.a7.1 not exceed eight thousand - eight- hundred
(8,800) square feet, and must be _approved prior_ to
approval of --t lie first finial map for Tract 5187. -
City agrees that for Developer's construction of
affordable ii2 i- Yg units consistent A - subsection
6.11 o this Agre lynt that=- -tie Development Fee shall
__ ..........._._..._ ............. --.................__ __......._...........
be Three Thousand Dollars ;$3,000.00; per unit, Park
Fee shall be Three Thousand Six Hundred Dolla.r.-
1$3,600.00) per unit-, -and the Air Quality_ FeFee shall be
Five Hundred Dollars ($540.00-) per unfit. T h
ese t.17 �
-27-
fees shall be increased becrinning three years after
approval of the `�`entative Tract Map required in
subsection 6.11, or February 1, 2007, whichever occurs
first, with said increase to be consistent. with he
_............ --- ............ -- ._ ................... ----- .................._...._...... - - -- ..._._.._._............................................ _._._ .... .......... .......__...__..................._._...._........... ............... _ ._._...._......._.............' ......_.......
provisions of this Agreement as it applies to each of
these fees. —
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 Agr 2001 #3
'0 "4
11. Default Provisions.
11.1. Default by Developer. The Developer shall be deemed to
have breached this Agreement if it:
(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 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
West Pointe Dev Agr 2001 #3
-29-
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 Developer
shall be injunctive relief and /or specific performance.
In addition, acl-- naindeen- =--�, if
the breach is of subsections 66.10, 6.11, 6.13, 6.14,
6.1.6, 6.17, or subsection 6.2114 (affer.dah)'Ie I }�
of this Agreement, City shall have the right to
withhold the issuance of building permits to Developer
throughout the Project 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.
12. Mortgage Protection. At the same time that City gives notice
to Developer of a breach, 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
West Pointe Dev Agr 2001 43
-30-
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,
Developer may deliver written notice to City and City may
deliver written notice to 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 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 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 Developer shall not seek judicial review of
West Pointe Dev Agr 2001 43
-31-
_.�
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, by mutual consent
of City and the affected Developer.
15.1. Exemption for Amendments of Project AoprovaJ_s. No
amendment to a Project Approves! - -- shall r_egui_xe _axe
amendment to this Agreement and any such amendment
__...........__._....._.. ._......... - -- ._....._........ ----- ._..... ............................_.........__.--_.......................---._._... ........- .--- .._...............
shall be deemed to be incorporated into this Agreement
at the time that the amendment becomes effective,
provided that the amendment is consistent with this
Agreement. - - - - --
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
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
West Pointe Dev Agr 2001 43
-32-
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 snecified_
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.
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
West Pointe Dev Agr 2001 43
-33-
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 Developer. City and 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
of this Agreement shall prevail. Should any provision of the
Implementation Plan be found to be in conflict with any
provision of this Agreement, the provisions of the
Implementation 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
West Pointe Dev Agr 2001 #3
-34-
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 Homes, Inc., and City of
Moorpark have executed this Development Agreement on the date first
above written.
WEST POINTE HOMES, INC.
James Rasmussen
President
West Pointe Dev Agr 2001 #3
-35-
CITY OF MOORPARK
Patrick Hunter
Mayor
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 Pointe Homes, Inc., a Nevada Corporation ( "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.
West Pointe Dev Agr 2001 #3
-36-
� Ar. 0?'
NOW, THEREFORE, in consideration of the mutual promises of the
parties to this Covenant, each to the other as covenanter and
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. In 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.
West Pointe Dev Agr 2001 #3
-37-
q Lt S de
IN WITNESS WHEREOF, West Pointe Homes, Inc., and City of
Moorpark have executed this Covenant on the date first above
written.
WEST POINTE HOMES, INC.
James Rasmussen
President
West Pointe Dev Agr 2001 43
CITY OF MOORPARK
Patrick Hunter
Mayor
EXHIBIT "C"
I . ® 6
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
West Pointe Homes, Inc.
960 Westlake Blvd., Suite 204
Westlake Village, CA 91361
Attn: James Rasmussen, President
. 0 �
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND WEST
POINTE HOMES, INC.
WHEREAS, at a duly noticed public hearing on October 3, 2001,
continued public hearings on October 17, November 7, December 5,
and December 19, 2001, the City Council considered the application
filed by West Pointe Homes for the following projects on land
located west of Walnut Canyon Road and approximately one -half mile
north of Casey Road (APN'S 500 - 260 -025, -045, -075, -085, and -095;
500 - 270 -090, -140, -155, and -165):
General Plan Amendment No. 99 -01 for a change in the Land Use
Designation of the Land Use Element of the General Plan from
Rural Low Density (RL) to Medium Low (ML) and Open Space -1
(OS -1) and Open Space -2 (OS -2).
Zone Change No. 99 -1 for a change in the Zoning Designation on
the property from RE -5 acre minimum lot size to Residential
Planned Development (RPD) 1.80 dwelling units per acre and
Open Space (OS).
Vesting Tentative Tract Map. No. 5187 and Residential Planned
Development Permit No. 99 -02 on the application of West Pointe
Homes for the subdivision of approximately 350 gross acres of
land located west of Walnut Canyon Road and approximately one -
half mile north of Casey Road into 250 single - family
residential lots and 250 single- family residential units, and
thirteen (13) other lots; and
WHEREAS, the Planning Commission of the City of Moorpark on
March 12, 2001, did adopt Resolution Nos. PC 2001 -403, 2001 -404,
and 2001 -405 recommending to the City Council approval of General
Plan Amendment No. 99 -01, Zone Change 99 -01, Vesting Tentative
Tract Map No. 5187, Residential Planned Development 99 -02 and
certification of the project Environmental Impact Report; and
WHEREAS, the Planning Commission of the City of Moorpark on
November 26, 2001, did adopt Resolution No. PC 2001 -419
recommending to the City Council approval of Development Agreement
No. 2001 -01; and
WHEREAS, the City Council on December 19, 2001, certified the
Final Environmental Impact Report for the project as having been
completed in accordance with the California Environmental Quality
Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and
meeting all finding required by CEQA; and
ATTACHIRVIIIENT 2?
Ordinance No.
Development Agreement No. 2001 -01
Page 2
WHEREAS, the City Council on December 19, 2001, did adopt
Resolution No. adopting a Mitigation Monitoring Program; and
WHEREAS, at a duly noticed hearing on December 19, 2001 the
City Council considered Development Agreement No. 2001 -01.; and
WHEREAS, the City Council, after review and consideration of
the information contained in the City Council staff reports and
testimony, has made a decision in the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Development Agreement No. 2001 -01 between the City
of Moorpark, a municipal corporation and West Pointe Homes, Inc.,
a California Corporation, is hereby adopted, and the City Clerk is
hereby directed to cause one copy of the signed adopted agreement
to be recorded with the records of the County of Ventura within ten
(10) days of adoption of said agreement.
SECTION 2. The City Council of the City of Moorpark hereby
finds as follows:
a. The Development Agreement is consistent with the General
Plan as amended by General Plan Amendment No. 99 -01.
b. That the Development Agreement and assurances that said
agreement places upon the project are consistent with the
intent and provisions of the Final Environmental Impact
Report certified on December 19, 2001.
C. The Development Agreement is necessary to insure the
public health, safety and welfare
SECTION 3. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
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Ordinance No.
Development Agreement No. 2001 -01
Page 3
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute order of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star,
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 19th day of December, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
EXHIBIT A: Development Agreement No. 2001 -01
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