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MOORPARK CITY COUNCIL --
AGENDA REPORT '
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared by Joseph Fiss, Principal Plannert�
DATE: March 7, 2003 (CC Meeting of 3/19/03)
SUBJECT: Consider Rescission of City Council Resolution No. 98-
1508 Regarding the Golf Course Commencement Date for
Moorpark Country Club Estates - Toll Brothers
BACKGROUND
On April 18, 1996, the City Council and Bollinger Development
entered into a Development Agreement (DA) regarding the Moorpark
Country Club Estates. At that time there was a provision in the
DA that set forth the commencement date for the golf course. In
September 1998, Resolution No. 98 -1508 was presented to and
adopted by the City Council waiving a condition of the DA and
establishing a new commencement date for the two (2) golf
courses. Since this time, there has been a Settlement Agreement
and one (1) amendment signed between Toll Brothers and the City.
DISCUSSION
Since the City and Toll Brothers have agreed to a settlement of
the issues and a first and second amendment to that Settlement
Agreement, Resolution No. 98 -1508 is no longer applicable and
should be rescinded. The issue addressed in Resolution No. 98-
1508 is covered in either the Settlement Agreement, amendments
thereto, or the Conditions of Approval of the Conditional Use
Permit (CUP) and Residential Planned Development (RPD).
STAFF RECOMMENDATION
Adopt Resolution No. 2003- rescinding City Council
Resolution No. 98 -1508.
Attachment: Proposed Rescission Resolution No. 2003-
S: \Com-nunity Development \DEV PMTS \R P D \1999 -01 Toll \CC030219 Agenda Report - Toll Reso
Recind.doc
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO.
98 -1508 ADOPTED SEPTEMBER 1998 REGARDING
INTERPRETING THE INTENT OF AND CONDITIONALLY
WAIVING A PROVISION OF THAT CERTAIN DEVELOPMENT
AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF
MOORPARK AND BOLLINGER DEVELOPMENT INCORPORATED
ON APRIL 18, 1996
WHEREAS, on March 19, 2003, the City Council of the City of
Moorpark adopted a second amendment to the Settlement Agreement
between Toll Brothers and the City of Moorpark; and
WHEREAS, the Settlement Agreement, and first and second
amendment to the Settlement Agreement, address the
interpretations and provisions that are addressed in City
Council Resolution No. 98 -1508.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. In approving the Settlement Agreement and
subsequent first and second amendments to the Settlement
Agreement, the City Council has rendered the interpretations of
City Council Resolution No. 98 -1503 unnecessary.
SECTION 2. The City Council of the City of Moorpark
does hereby rescind City Council Resolution No. 98 -1503 in its
entirety.
PASSED AND ADOPTED this 19th day of March, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
CC ATTACHMENT 1