HomeMy WebLinkAboutAGENDA REPORT 2019 0320 CCSA REG ITEM 11BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of March 20, 2019
ACTION Adopted Ordinance
No. 469.
BY B.Garza
B. Consider Ordinance No. 469 Approving Development Agreement No. 2013-01 by
and between the City of Moorpark and Grand Pacific Asset 2 LLC for General
Plan Amendment No. 2013-02, Zone Change No. 2013-02, and Residential
Planned Development No. 2013-01, a 390-Unit Senior Community on 49.52
Acres North of Casey Road and West of Walnut Canyon Road. Staff
Recommendation: Waive full reading, declare Ordinance No. 469 read for the
second time, and adopted as read. ROLL CALL VOTE REQUIRED
Item: 11.B.
Item: 11.B.
ORDINANCE NO. 469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT NO. 2013-01 BY AND
BETWEEN THE CITY OF MOORPARK AND GRAND
PACIFIC ASSET 2 LLC FOR GENERAL PLAN
AMENDMENT NO. 2013-02, ZONE CHANGE NO. 2013-02,
AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2013-
01, A 390-UNIT SENIOR COMMUNITY ON 49.52 ACRES
NORTH OF CASEY ROAD AND WEST OF WALNUT
CANYON ROAD
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of that property; and
WHEREAS, on September 3, 2013, applications for General Plan Amendment
No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No.
2013-01, and Development Agreement No. 2013-01 were filed by Ernie Mansi for
Aldersgate Investment, LLC, for property owned by Grand Pacific Asset 2 LLC, for a
proposed development for a 390-Unit Senior Community on 49.52 Acres North of Casey
Road and West of Walnut Canyon Road; and
WHEREAS, on November 27, 2018, the Planning Commission adopted
Resolution No. PC-2018-634, recommending that the City Council adopt a Mitigated
Negative Declaration and Mitigation Monitoring Program and approve General Plan
Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned
Development Permit No. 2013-01, and Development Agreement No. 2013-01, on the
application of Ernie Mansi for Aldersgate Investment, LLC.; and
WHEREAS, a duly noticed public hearing was conducted by the City Council on
January 16, 2019, February 6, 2019, and March 6, 2019, to consider the Development
Agreement and to accept public testimony related thereto; and
WHEREAS, the City Council has considered all points of public testimony
relevant to the Development Agreement and has given careful consideration to the
content of the Development Agreement, and has reached a decision on the matter; and
WHEREAS, on March 6, 2019, the City Council adopted Resolution No. 2019-
3792, adopting a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and approving General Plan Amendment No. 2013-02 and
introduced Ordinance No. 468, approving Zone Change No. 2013-02, for the project
referenced above.
118
Ordinance No. 469
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does hereby find as
follows:
A. The Development Agreement attached hereto and incorporated herein
(Exhibit A) is consistent with the General Plan as most recently amended
in that the project is consistent with the planned use and density of the
General Plan Land Use Element and helps achieve the goals of the
Housing Element and is consistent with the goals and policies of all other
elements. There is no applicable Specific Plan for the area covered by the
Development Agreement.
B. The Development Agreement and the assurances that said agreement
places upon the project are consistent with the provisions of Chapter
15.40 of the Moorpark Municipal Code because the Development
Agreement contains the elements required by Section 15.40.030, has
been reviewed and recommended by the Planning Commission following
a noticed public hearing and otherwise contains the required contents and
has been processed as required by law.
SECTION 2. The City Council hereby adopts the Development Agreement
attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a
municipal corporation, and Grand Pacific Asset 2 LLC and the City Clerk is hereby
directed to cause one copy of the signed, adopted agreement to be recorded with the
County Recorder no later than ten (10) days after the City enters into the development
agreement pursuant to the requirements of Government Code Section 65868.5.
SECTION 3. Upon the effective date of this ordinance, the Community
Development Director shall cause the property that is the subject of the Development
Agreement to be identified on the Zoning Map of the City by the designation “DA”
followed by the dates of the term of said Agreement.
SECTION 4. 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,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
119
Ordinance No. 469
Page 3
SECTION 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. 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 written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 20th day of March, 2019.
Janice S. Parvin, Mayor
ATTEST:
__________________________________
Maureen Benson, City Clerk
EXHIBIT A: - Development Agreement
120
Ordinance No. 469
Page 4
EXHIBIT A
DEVELOPMENT AGREEMENT NO. 2013-01
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK
AND
GRAND PACIFIC ASSET 2 LLC
121
Ordinance No. 469
Page 5
DEVELOPMENT AGREEMENT
This Development Agreement the ("Agreement") is made and entered into on
______________, 2019 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as "City") and Grand Pacific Asset 2 LLC, the owner
of real property within the City of Moorpark generally referred to as Residential Planned
Development Permit 2013-01 (referred to hereinafter as "Developer"). City and
Developer are referred to hereinafter individually as a "Party" and collectively as the
"Parties." In consideration of the mutual covenants and agreements contained in this
Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for th e
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 Grand Pacific Asset 2 LLC is the owner in fee simple of certain real
property in the City of Moorpark identified in the legal description set forth
in Exhibit “A”, which exhibit is attached hereto and incorporated by
reference, referred to hereinafter collectively as the “Property”.
1.3 Prior to, and in connection with, the approval of this Agreement, the City
Council reviewed the project to be developed pursuant to this Agreement
as required by the California Environmental Quality Act (“CEQA.”) On
March 6, 2019, the City Council adopted Resolution No. 2019-3792,
adopting the Mitigated Negative Declaration (“MND”) and Mitigation
Monitoring and Reporting Program the ("MMRP") prepared for this
Agreement and the Project Approvals as defined in Subsection 1.4 of this
Agreement.
1.4 General Plan Amendment (GPA) No. 2013-02, Zone Change (ZC) No.
2013-02, and Residential Planned Development (RPD) No. 2013-01,
including all subsequently approved modifications and permit adjustments
to the RPD and all amendments thereto (collectively "the Project
Approvals"; individually "a Project Approval") provide for the development
of the Property with a 390-unit senior housing community and the
construction of certain off-site improvements in connection therewith ("the
Project").
122
Ordinance No. 469
Page 6
1.5 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its governmental and proprietary
powers to the extent specified in this Agreement.
1.6 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. In consideration thereof,
Developer agrees to waive its rights to legally challenge the limitations and
conditions 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.
1.7 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
currently amended.
1.8 On September 25, 2018, the Planning Commission commenced a duly
noticed public hearing on this Agreement, and at the conclusion of the
hearing on November 27, 2018 recommended approval of this Agreement.
1.9 On January 16, 2019, the City Council of City (“City Council”) commenced
a duly noticed public hearing on this Agreement, and following the
conclusion of the hearing on March 6, 2019 closed the hearing and
introduced and provided first reading to Ordinance No. 469 (“the Enabling
Ordinance”) that approves this Agreement. On March 20, 2019, the City
Council gave second reading to and adopted 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".
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 (subject to Subsection 3.2 below) 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.
3.1 Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property 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
123
Ordinance No. 469
Page 7
the instrument by which such person acquired such right, title or interest,
subject to Subsection 3.2 below.
3.2 Release Upon Subsequent Transfer. Upon the conveyance of
Developer’s interest in the Property or any portion thereof by Developer or
its successor(s) in interest, the transferor shall be released from its
obligations hereunder with respect to the portion of Property conveyed as
of the effective date of the conveyance, provided that the transferee
expressly assumes all obligations of the transferred portion of the Property
and a copy of the executed assignment and assumption agreement is
delivered to the City prior to the conveyance. Failure to provide a written
assumption agreement hereunder shall not negate, modify or otherwise
affect the liability of the transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City discretion to approve or
deny any such conveyance, except as provided in Subsection 6.13 of this
Agreement with respect to the sale of completed “affordable units” (as
defined in that subsection) to qualified buyers. Notwithstanding the
foregoing, this Agreement shall not be binding upon the transferee of a
Completed Unit with respect to the transferee’s interest in such Completed
Unit, and the rights and obligations of Developer under this Agreement
shall not run with the portion of the Property that is conveyed with the
Completed Unit after such conveyance of the Completed Unit by
Developer or its successor in interest. For purposes of this Agreement,
“Completed Unit” means a completed residential unit within the Property
for which the City has issued a certificate of occupancy.
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.
4.3 Building Standards. All construction on the Property shall adhere to all
City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any federal
or state building requirements that are then in effect (collectively "the
Building Codes").
124
Ordinance No. 469
Page 8
4.4 Reservations and Dedications. All reservations and dedications of land for
public purposes that are applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1 Vested Right to Develop; Timing of Development. Developer and its
successors in interest shall have the vested right to develop the Property
in accordance with the terms and provisions of the Project Approvals and
this Agreement. The Parties intend that this Agreement, together with the
Project Approvals, shall serve as the controlling document for all
subsequent actions, discretionary and ministerial, relating to the
development and occupancy of the Property, including, without limitation,
all Subsequent Approvals (as defined below). Developer shall have the
right, without obligation, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its
subjective business judgment.
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
provided the Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this subsection shall be
construed to limit City's right to ensure that Developer timely provides al l
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement.
5.2 Amendment of Project Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through
the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the amendment.
5.3 Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps
(e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to the
Project, lot line adjustments, preliminary and final planned development
permits, use permits, design review approvals (e.g. site plans,
architectural plans and landscaping plans), encroachment permits, and
sewer and water connections that are necessary to or desirable for the
development of the Project (collectively "the Subsequent Approvals";
individually "a Subsequent Approval") shall be consistent with the Project
125
Ordinance No. 469
Page 9
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or
approved by the City Council or through the initiative or referendum
process and in effect at the time that the application for the Subsequent
Approval is deemed complete by City (collectively "City Laws"), except
City Laws that:
(a) change any permitted or conditionally permitted uses of t he
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 citywide 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.
126
Ordinance No. 469
Page 10
5.4 Modification of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this Section, to apply to City for
modifications to Project Approvals and Subsequent Approvals. The
approval or conditional approval of any such 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 and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals. Notwithstanding the foregoing or any
provision of this Agreement to the contrary, Developer shall have the right,
at its election and without risk to or waiver of any right that is vested in it
pursuant to this Agreement, to apply to the City Manager for modifications
to the product mix for the Project (i.e., to reasonably vary the number of
Villas, Independent Living Apartments and Assisted Living and Memory
Care Apartments, as well as the mix of studio, 1, and 2 bedroom unit mix),
and the City Manager shall have the authority to approve such
modifications administratively provided that they do not cause the
maximum development density of the Project to exceed 390 units and
such modifications does not exceed 15% of any one unit/product type
(villas, Independent Living Apartments, Assisted Living and Memory Care
Apartments, and 1, and 2 bedroom units). Modification of unit/product
types of more than 15% shall require City Council approval.
5.5 Issuance of Building Permits. No Building Permit shall be unreasonably
withheld or delayed from Developer if Developer is in compliance with this
Agreement and the Project Approvals and Subsequent Approvals. In
addition, no Final Building Permit final inspection or Certificate of
Occupancy will be unreasonably withheld or delayed from Developer if all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement to serve the portion of the Property covered by the
Final Building Permit is in place or is scheduled to be in place prior to
completion of construction, the Developer is in compliance with all
provisions of this Agreement, the Project Approvals and Subsequent
Approvals, and all of the other relevant provisions of the Project
Approvals, Subsequent Approvals and this Agreement have been
satisfied. Consistent with Subsection 5.1 of this Agreement, in no event
shall building permits be allocated on any annual numerical basis or on
any arbitrary allocation basis.
5.6 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
127
Ordinance No. 469
Page 11
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
Citywide basis to all substantially similar types of development projects
and properties with similar land use designations and (ii) as a result of a
utility shortage or a reasonably foreseeable utility shortage including
without limitation a shortage of water, sewer treatment capacity, electricity
or natural gas.
6. Developer Agreements.
6.1 Development as a Residential Project. Developer shall comply with (i) this
Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for
which it was the applicant or a successor in interest to the applicant and
(iv) the MMRP of the MND and any subsequent or supplemental
environmental actions. Developer agrees not to apply for any non-
residential uses on the Property. The administrative and support offices,
kitchen/dining facilities, personal care and service uses, sundries market,
library, computer room, lounge, movie theater, bank, salon, recreational
facilities and other structures and amenities to serve the residents of the
Project are considered to be part of the residential use of the Property.
6.2 Condition of Dedicated or Conveyed Property. 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.
6.3 Development Fee Per Unit. As a condition of the issuance of a building
permit for each residential dwelling unit within the Property, Developer
shall pay City a one-time development fee as described herein (the
“Development Fee”). The Development Fee may be expended by City in
its sole and unfettered discretion. The amount of the Development Fee
shall be as follows:
Villas: $9,015.00/unit
Independent Living Apartments: $6,040.00/unit
Assisted Living and Memory Care Apartments: $2,975.00/unit
The Development Fee shall be adjusted annually commencing January 1,
2021, by the Consumer Price Index (CPI). The annual CPI adjustment
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/Long Beach/Anaheim metropolitan area during the
128
Ordinance No. 469
Page 12
prior year. The calculation shall be made using the month of October over
the prior October.
In the event there is a decrease in the referenced Index for any annual
indexing, the current amount of the fee shall remain until such time as the
next subsequent annual indexing which results in an increase.
6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for
each residential dwelling unit within the boundaries of the Property,
Developer shall pay City a one-time traffic mitigation fee as described
herein (“Citywide Traffic Fee”). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. The amount of the
Citywide Traffic Fee shall be as follows:
Villas: $8,880.00/unit
Independent Living Apartments: $8,880.00/unit
Assisted Living and Memory Care Apartments: $4,440.00/unit
The Citywide Traffic Fee shall be adjusted annually commencing January
1, 2021 and annually thereafter by the change in the Caltrans Highway Bid
Price Index (Bid Price Index) for Selected California Construction Items for
the twelve (12) month period available on December 31 of the preceding
year (“annual indexing”). In the event there is a decrease in the Bid Price
Index for any annual indexing, the current amount of the fee shall remain
until such time as the next subsequent annual indexing which results in an
increase.
6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall
pay the LAAOC fee in effect at the time of building permit issuance for
each residential dwelling unit within the Property.
6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included
in the City Council approved MND and MMRP, or subsequent
environmental clearance document approved by the Council, set forth the
mitigation requirements for air quality impacts. Developer agrees to pay to
City a one-time air quality mitigation fee, as described herein (“Air Quality
Fee”), in satisfaction of the Transportation Demand Management Fund
mitigation requirement for the Project. 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. The Air
Quality Fee shall be as follows:
129
Ordinance No. 469
Page 13
Villas: $1,320.00/unit
Independent Living Apartments: $884.00/unit
Assisted Living and Memory Care Apartments: $660.00/unit
The Air Quality Fee shall be paid prior to the issuance of a building permit
for each residential dwelling unit in the Project. If the Air Quality Fee is not
paid by January 1, 2021, then commencing on January 1, 2021, 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/Long Beach/Anaheim metropolitan
area during the prior year. The calculation shall be made using the month
of October over the prior month of October. 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.
6.7 Park Fees. Prior to the issuance of the building permit for each residential
dwelling unit within the Property, Developer shall pay a one-time fee in lieu
of the dedication of parkland and related improvements (“Park Fee”). The
amount of the Park Fee shall be as follows:
Villas: $9,015.00/unit
Independent Living Apartments: $6,040.00/unit
Assisted Living and Memory Care Apartments: $2,975.00/unit
If the Park Fee is not paid by January 1, 2021, the Park Fee shall be
adjusted annually commencing January 1, 2021 by the larger increase of
a) or b) as follows:
(a) The change in the CPI. The change 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/Long Beach/Anaheim metropolitan area during the prior
year. The calculation shall be made using the month of October
over the prior October; or
(b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index (Bid Price Index) for Selected California
Construction Items for the twelve (12) month period available on
December 31 of the preceding year (annual indexing).
In the event there is a decrease in both of the referenced Indices
for any annual indexing, the Park Fee shall remain at its then
130
Ordinance No. 469
Page 14
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 parkland dedication requirement set forth in
California Government Code Section 66477 et seq. for the
Property.
6.8 Community Services Fee. As a condition of issuance of a building permit
for each residential dwelling unit within the boundaries of the Project,
Developer shall pay City a one-time community services fee as described
herein (Community Services Fee). The Community Services Fees may be
expended by City in its sole and unfettered discretion. The amount of the
Community Services Fees shall be $2,811.00 per residential dwelling unit.
Commencing on January 1, 2021, and annually thereafter, the Community
Services Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all Community Service Fee 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/Long Beach/Anaheim metropolitan
area during this prior year. The calculation shall be made using the month
of October over the prior month of October or in the event there is a
decrease in the CPI for any annual indexing, the Community Service Fee
shall remain at its then current amount until such time as the next
subsequent annual indexing which results in an increase.
6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places
Fee (Art Fee) in effect at the time of building permit issuance for each
building prior to the issuance of the building permit for that residential
building within the Project consistent with City Resolution No. 2005-2408
or any Successor Resolution (1.0 percent of total building valuations
excluding land value and off-site improvement costs, for such building).
6.10 Other Development and Processing Fees. 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, drainage, 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 such
131
Ordinance No. 469
Page 15
fees are imposed on a citywide basis on all projects similar to the Project
or on all property similar to the Property.
6.11 Processing Fees. On the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this
Agreement, the Project Approvals and the MND.
6.12 Community Facilities District
(a) It is the mutual intent of the Parties that the development of the Project
will not have any impact on or require any contribution from the
General Fund of the City. To facilitate such intent, the City and
Developer shall use reasonable efforts to form a Community Facilities
District(s) (“CFD”), pursuant to Chapter 2.5 of Part 1 of Division 2 of
the California Government Code (the “CFD Act”), for the purposes of
financing facilities and services required to be constructed, provided or
funded under this Agreement, as the City determines are lawfully and
appropriately financed by the CFD. Such facilities and services may
include but are not limited to: public facility fees, all fees and other
amounts payable by Developer pursuant to Section 6 of this
Agreement (including, without limitation, Development, Citywide
Traffic, LAAOC, Air Quality, Park, Community Services, Art, Library
Facilities, Police Facilities, Fire Facilities, Drainage, Processing, and
In-Lieu Fees), construction and installation of landscaping, and future
costs for the maintenance of landscaping and irrigation of the
landscaped area.
(b) Developer shall: (i) file with the City a petition for the formation of the
CFD, (ii) provide any deposit required by Section 53318 of the CFD
Act, (iii) not oppose formation of the CFD and (iv) vote in favor of the
special tax to fund the CFD.
(c) Developer acknowledges and agrees that the City will not accept any
improvements or facilities to be maintained by the CFD nor shall the
Developer receive any payments from the CFD for any improvements
or facilities until such facilities and improvements have been inspected
and the City determines in its reasonable discretion, that such
improvements and facilities have been completed in accordance with
the applicable plans, and have no liens outstanding.
(d) Upon issuance of the bonded indebtedness for the CFD, to the extent
permitted by applicable law as determined by bond counsel, the
Developer may be reimbursed for costs advanced or paid by
Developer for CFD formation and related proceedings.
132
Ordinance No. 469
Page 16
6.13 Densities Allowed for Development and Affordable Housing.
(a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all densities
available as density bonuses and all incentives and concessions to
which Developer is entitled under the Moorpark Municipal Code,
and Government Code Sections 65915 through 65917.5; Developer
shall not be entitled to further density bonuses or incentives or
concessions and further agrees, in consideration for the density
bonus obtained through the Project Approvals, to provide twenty-six
(26) housing units, on one or more sites, within the City of
Moorpark but not on the Project Site, with a minimum of 1,200
square feet each, affordable to low income households (not to
exceed 80% of median income adjusted for family size). These
twenty-six (26) housing units are referred to herein as “affordable
units” or “units affordable to low income households” or “required
affordable units.”
(b) Subject to Subsection 6.13(c), Developer must construct all twenty-
six (26) units in accordance with this Agreement and the City's
General Plan, Zoning Codes, and the Moorpark Municipal Code.
Nothing in this Agreement requires City to consider a General Plan
Land Use Amendment, Zone Change, or any other land use
entitlement to allow or permit said proposed construction.
(c) In order to provide some or all of the required affordable units,
Developer may purchase and rehabilitate units within the City of
Moorpark. All single family detached units shall include a standard
size two-car garage with roll-up garage door and a minimum
driveway length of eighteen (18) feet measured from the back of
sidewalk, meet minimum setback requirements of the City RPD
zone, include concrete roof tiles, and other amenities typically
found in moderately priced housing in the City (e.g., air
conditioning/central heating, toilets, washer/dryer hookups, garbage
disposal, built-in dishwasher, concrete driveway, automatic garage
door opener). The duplex type units in Tracts 3841, 3070-2, 3070-
3, 3070-4, 4170, and 5133 are considered to be single family
detached units for the purposes of this subsection 6.13.
Subject to City's sole discretion, this obligation, in whole or part,
may be met by providing attached for-sale units in lieu of single
family detached units at the ratio of one and one-half (1 1/2)
attached for-sale unit for each single family detached unit. In the
133
Ordinance No. 469
Page 17
event such substitution results in any fraction of a unit, then the
requirement shall be rounded up to the next higher whole number
(e.g. the requirement of 3 single family detached units are met by
41/2 attached for-sale units, then 5 attached for-sale units are
required). Each of the substituted units shall be at the income level
of the units for which they are being substituted.
The attached for sale-units shall provide the same number of
bedrooms and bathrooms and contain all of the same amenities for
a single family detached unit as described above, except the
minimum driveway length.
Prior to acquiring any housing unit to meet the obligations of this
subsection 6.13, Developer must first receive the written approval
of City Manager or his/her authorized representative that the unit
meets the requirements of this Development Agreement and the
executed Affordable Housing Agreement required by subsection
6.13(f). Developer agrees that lack of a written response from City
is deemed a rejection of the Developer's request.
(d) Developer agrees that it shall provide twenty-six (26) affordable
housing units as specified above regardless of the cost to acquire
or construct said housing units. Developer further agrees that City
has no obligation to use eminent domain proceedings to acquire
any of the required affordable housing units, that this Subsection
6.13 is specifically exempt from the requirements of Subsection 7.2,
and that the cost of purchasing property, obtaining all necessary
entitlements and permits, and completing design, engineering, and
construction of the affordable units shall be entirely the obligations
of the Developer. The City has no obligation to approve any
entitlement or permit applications for the affordable units which do
not meet applicable zoning requirements, or the engineering, and
building standards of the City or are not of comparable quality to
the market rate housing units, except as provided in Subsection
6.13(c).
(e) Developer also explicitly acknowledges that its agreement to
construct or provide these affordable units is given both as specific
consideration for the density bonus and in general as consideration
for City’s willingness to negotiate and enter into this A greement and
for the valuable consideration given by City through this
Agreement. Developer further acknowledges that its agreement to
construct or provide these affordable units is not the result of an
134
Ordinance No. 469
Page 18
existing policy or regulation imposed by City but instead is the
result of arm’s length negotiation between Parties.
(f) Prior to issuance of the first building permit for this Project, the
parties agree to execute an Affordable Housing Agreement
(“Affordable Housing Agreement”) that sets forth the Developer’s
and City’s obligations and provides procedures and requirements to
ensure that all of the required affordable housing units are provided
consistent with this Agreement and applicable State laws and
remains affordable for the longest feasible time. The Affordable
Housing Agreement shall include but not be limited to the following
items: initial purchase price, market value, buyer eligibility,
affordability and resale covenants and restrictions, equity share and
second trust deed provision, respective role of City and Developer,
the responsibility of providing the affordable units by each
developer in the event of successors and/or assigns to this
Agreement, quality of and responsibility for selection of amenities
and applicability of home warranties to meet all or a portion of its
obligation and any other items determined necessary by the City.
Developer shall pay the City’s out-of-pocket costs (including
attorneys’ fees, but excluding staff time) for preparation and review
of the Affordable Housing Agreement up to a maximum of ten-
thousand Dollars ($10,000.00).
(g) All affordable units shall meet the criteria of all California Health
and Safety Code statutes and implementing regulations pertaining
to for-sale affordable housing units affordable to low income
households and to satisfy a portion of the City’s RHNA obligation.
The affordable units required by this Agreement are consideration
for City’s entry into this Agreement and therefor none of the
affordable units shall duplicate or substitute for the affordable
housing requirement of any other developer or development
project. All subsequent approvals required of City under this
Subsection 6.13 shall be made at City’s sole discretion. If any
conflict exists between this Agreement and the Affordable Housing
Agreement required by clause (f) above or between the Affordable
Housing Agreement and the conditions of approval for RPD No.
2013-01, then the Affordable Housing Agreement shall prevail.
(h) In the event monthly HOA fees for any of the affordable units
exceed two hundred dollars ($200.00), Developer shall deposit one
hundred twenty dollars ($120.00) for each dollar or portion thereof
of the monthly HOA fees that are in excess of two hundred dollars
135
Ordinance No. 469
Page 19
($200.00) into a City administered trust account to assist with future
HOA fees for each affected unit.
(i) The Affordable Sales Price for low-income buyers shall not exceed
affordable housing cost, as described in the first sentence of
Section 50052.5(b)(3) of California Health and Safety Code.
Section 50052.5(h) of the California Health and Safety Code
provides that an appropriate household size in terms of determining
purchase price, is one more person than the number of bedrooms.
This means that the pricing for a three (3) bedroom unit will be
based on a household of four (4) regardless of the actual size of the
household purchasing the unit. For example, the monthly
“affordable housing cost” for a three (3) bedroom unit would be
30% times 70% of the then-current median income for a household
of four (4) in Ventura County divided by twelve (12). This monthly
amount includes the components identified in Section 6920 of Title
25 of the California Code of Regulation shown below (See Section
50052.5(c) of the Health and Safety Code). The Affordable Sales
Price for a low income household purchasing a three (3) bedroom
unit under current market conditions, based upon the following
assumptions:
(j) The assumptions associated with the above figures in Subsection
6.13(i) for low income households include a 5% down payment,
based on Affordable Sales Price for a three (3) bedroom unit,
mortgage interest rate of 4.65%, no mortgage insurance, property
tax rate of 1.25%, based on Affordable Sales Price, homeowners’
Item Detail Amount 3 Bedroom
Affordable
Sale $208,000.00
Down Payment 5% of Affordable Sales Price $10,400.00
Loan Amount Affordable Sales Price less
Down $197,600.00
Interest Rate 4.65%
Monthly
Property Tax
1.25% of Initial
Purchase Price 217.00
LMD Not Currently N/A
HOA 200.00
Fire Insurance 60.00
Maintenance 30.00
Utilities 180.00
Low Income Buyer
136
Ordinance No. 469
Page 20
association dues of $200.00 per month, fire insurance of $60.00 per
month, maintenance costs of $30.00 per month, and utilities of
$180.00 per month for a three (3) bedroom unit.
(k) Developer acknowledges that changes in market conditions may
result in changes to the Affordable Sales Price, down payment
amounts, mortgage interest rates, and other factors for both low
income and very low income buyers. Furthermore, if “affordable
housing cost”, as defined in the first sentence of Section 50052.5(3)
of the California Health and Safety Code, should change in the
future, the above figures will be modified. The Affordable Housing
Purchase and Sale Agreement negotiated pursuant to this
Agreement shall address any such changes.
Consequently, Developer acknowledges that amounts listed in the
“Low Income Buyer” table in Subsection 6.13(g), above, are for
illustration purposes only and are subject to change.
(l) The City, may, in its sole discretion purchase one or more of the
units from Developer in lieu of a qualified buyer purchasing such
units. In that event, (and in the case of any units purchased by City
under clause (u) below), the Affordable Sales Price shall be based
on a household size appropriate to the number of bedrooms in the
unit being purchased by the City, consistent with all requirements of
this Subsection 6.13. Developer agrees that, pursuant to City’s
rights under this Agreement and/or the Affordable Housing
Agreement, and prior to and upon the sale of a required unit to a
qualified buyer (or City in lieu of a qualified buyer, as determined by
City at its sole discretion), City may at its sole discretion take any
actions and impose any conditions on said sale or subsequent sale
of the unit to ensure ongoing affordability to low income households
and related matters. After the sale of a housing unit by Developer to
a qualified buyer (or City in lieu of a qualified buyer, as determined
by City at its sole discretion), City, not Developer, shall have sole
responsibility for approving any subsequent sale of that housing
unit.
(m) Developer agrees that City shall be responsible at its sole
discretion for marketing the affordable units, selecting and
qualifying eligible buyers for these units, and overseeing the escrow
processes to sell the affordable units to low income households,
providing (for approval by City) the forms of Deed of Trust,
Promissory Note, Resale Refinance Restriction Agreement and
Option to Purchase Property and Notice of Affordability Restriction
137
Ordinance No. 469
Page 21
on Transfer of Property and all necessary contracts and related
documents to ensure that the referenced affordable units remain
occupied by low income households for the longest feasible time
(the “Affordability Documents”). Developer further agrees that the
difference between the Affordable Sales Price (as referenced in this
Agreement) paid by a qualified buyer and market value shall be in a
promissory note by the buyer to the City secured by a second
priority deed of trust in favor of City.
(n) Developer shall pay closing costs for each affordable unit, not to
exceed eight thousand dollars ($8,000.00). Beginning January 1,
2021 and on January 1st for each year thereafter, the maximum
eight thousand dollars ($8,000.00) to be paid for closing costs shall
be increased annually by any percentage increase in the Consumer
Price Index (CPI) for All Urban Consumers for Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The
calculation shall be made using the month of October over the
month of October. In the event there is a decrease in the CPI for
any annual indexing, the closing costs for each affordable unit shall
remain at its then-current amount until such time as the next
subsequent annual indexing which results in an increase. The
referenced Developer-funded closing costs shall be for the benefit
of qualified buyers (or City in lieu of qualified buyers, for any
required units purchased by the City) in their acquisition of a unit
from Developer (not Developer’s acquisition of a unit from one or
more third parties). However, the Developer’s escrow cost shall not
exceed the then-applicable maximum amount per unit regardless of
the number of escrows that may be opened on a specific unit.
(o) Developer warrants that the quality of materials and construction
techniques of the affordable units sold to the qualified low income
buyers, or City shall in all manner be substantially identical to that
of all other units constructed in this Project and subject to all
Conditions of Approval and shall meet all Building Codes.
(p) Developer agrees that the City shall have approval authority over
basic finish options in the affordable units and final walk-through
approval of condition of unit before close of sale. Basic finish
options provided to buyers of affordable units shall be provided to
City for review and approval, including but not limited to color and
style choices for carpeting and other floor coverings, counter tops,
roofing materials, exterior stucco and trim of any type, fixtures, and
other decorative items. The City staff person responsible for
affordable housing will select basic finish options for the affordable
138
Ordinance No. 469
Page 22
units. This applies to both new affordable housing units, or existing
housing stock, purchased and rehabilitated pursuant to this
Agreement.
(q) Developer agrees that all warranties for the affordable units shall be
consistent with California Civil Code Sections 895-945 for new
residential construction and shall inure to the benefit of and be
enforceable by the ultimate occupants of the affordable units and
that all warranties by subcontractors and suppliers shall also inure
to the benefit of and be enforceable by such occupants. The home
warranties for the new affordable units shall be the same duration
as warranties for new housing units and not less than the durations
required under California Civil Code Sections 895-945. Developer
shall be required to provide an extended 10 year warranty, which
may be provided directly by a reputable 3rd party (at Developer’s
sole discretion) and shall cover foundation, structural, plumbing and
electrical building systems and include a one year fit and finish
warranty.
(r) Developer agrees to provide comparable quality standard features
for the affordable units (purchased by the low income buyer, or
City) as those amenities that are provided for the market rate Villa
units. The standard features shall include but not be limited to
concrete roof tiles; air conditioning/central heating; garage door
opener; washer/dryer hook-ups; garbage disposal; built-in
dishwasher, toilets, stove, oven and microwave; windows; wood
cabinets; shelving; counter-tops; floor coverings; electrical outlets,
lighting fixtures and other electrical items; plumbing fixtures
including sinks, bathtubs and showers; and door and cabinet
hardware, and shall all be of the same quality and quantity as
provided in the Project’s market rate Villa units as determined by
the City’s Community Development Director and City staff person
responsible for City’s Affordable Housing Programs.
(s) For newly constructed affordable units, the floor plan and size of
the units shall be approved by the Community Development
Director and City staff person responsible for City’s Affordable
Housing Programs, and include a downstairs bathroom if the
affordable units are two stories.
(t) The parties agree that prior to and upon the sale of an affordable
unit to a qualified buyer or City, City may at its sole discretion take
any actions and impose any conditions on buyer eligibility and on
said sale or subsequent sale of the unit to ensure ongoing
139
Ordinance No. 469
Page 23
affordability to low income households and related matters.
Developer agrees if it sells any of the affordable units directly to
qualified low income buyers, all requirements of the buyer noted in
clause (m) above, including, but not limited to, completion of a City
approved homebuyer education training workshop and the
Affordability Documents, shall be included as a requirement of the
sale. The language of all such documents shall be approved by
City at its sole discretion. Developer may select lenders, escrow
and title companies to assist with the sale of the affordable units,
however, selection of said professionals is subject to City approval
at its sole discretion. Lenders submitted for consideration shall be
required to provide confirmation in writing that they are able to
underwrite the loans for the affordable units with no mortgage
insurance, subject to the City’s Affordability Documents described
in clause (m). Developer’s selected lender(s) shall not be exclusive
to the program. Future buyers of the affordable units shall be able
to choose any qualified lenders. City shall provide a qualified real
estate professional to work with the affordable home buyers at
City’s cost. Developer may select whatever real estate professional
Developer deems appropriate to represent the Developer’s side of
the transaction.
(u) In the event City is unable to provide a qualified buyer when one of
the low-income units has received final inspection approval,
Developer shall be allowed to continue to obtain building permits
and/or final inspection approval for the non-affordable units. Any
low-income units remaining unsold six (6) months after the final
inspection approval of the last unit associated with RPD No. 2013-
01 will be purchased by the City, and that obligation will be included
in the Affordable Housing Agreement. Developer is required to
maintain low-income units in move-in condition until such time as
the City finds a buyer. For purposes of this schedule, final
inspection approval requires approval of the City’s Building Official
and Community Development Director.
(v) Developer also agrees that subsidiaries, divisions or affiliates of
Developer may not be used to provide lending or escrow services
relevant to the purchase transactions for the affordable units.
(w) If a qualified low income buyer is identified by City prior to or at the
time of final inspection approval of any of the affordable units,
Developer shall open escrow for the sale of said unit as provided
for in the Affordable Housing Agreement, and shall enter escrow
directly with the buyer identified by City, and proceed to closing of
140
Ordinance No. 469
Page 24
said escrow. If a qualified low income buyer has not been identified
at the time Developer receives final inspection approval for an
affordable unit, City, at its option, may agree to purchase the
affordable unit required to be provided by Developer for the amount
and at the time as provided for in this agreement. If City elects to
purchase, Developer and City agree to use their best efforts to
complete the close of escrow within forty-five (45) days of the final
inspection approval of an affordable unit.
(x) Developer shall satisfy all mechanic’s, laborer’s, material man’s,
supplier’s, or vendor’s liens and any construction loan or other
financing affecting any affordable unit, before the close of escrow
for that affordable unit.
(y) Developer agrees that the required construction of the low income
affordable units must receive City final inspection approval on terms
consistent with this Agreement and the Affordable Housing
Agreement as specified in the following schedule:
Prior to Occupancy of Number of Affordable Units
75th Market Rate Unit 6 Units
150th Market Rate Unit 6 Units
225th Market Rate Unit 6 Units
300th Market Rate Unit 8 Units
TOTAL 26 Units
(z) In addition to the twenty-six (26) affordable units required in
Subsection 6.13 (a) above, Developer also agrees to pay to City a
one-time In-Lieu Fee (In-Lieu Fee) of $5,200,000.00 equivalent to
the estimated subsidy of $200,000 per unit for 26 additional
affordable units (16 Low-Income and 10 Very Low Income). The
one-time In-Lieu Fee shall be paid as follows:
Prior to Building Permit for In-Lieu Fee Amount
100th Market Rate Unit $1,300.000.00
175th Market Rate Unit $1,300.000.00
250th Market Rate Unit $1,300.000.00
325th Market Rate Unit $1,300.000.00
TOTAL $5,200.000.00
Commencing on January 1, 2025, and annually thereafter, the In
lieu 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/Long Beach/Anaheim
141
Ordinance No. 469
Page 25
metropolitan area during this prior year. The calculation shall be
made using the month of October over the prior month of October
or 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.
6.14 Casey Road Improvement. Prior to issuance of the first building permit for
a residential unit in the Project, Developer shall at its sole cost irrevocably
offer to the City all rights of way, permanent easements and construction
easements on the north side of Casey Road necessary for construction of
the Project’s improvements to Casey Road for an ultimate 76-foot wide
public right-of-way from Walnut Canyon Road to the westerly project
boundary (the “Casey Road Improvements”), including a Caltrans-
compliant curve radius at the northwest intersection of Casey Road and
Walnut Canyon Road, 8-foot wide sidewalks on both sides of Casey Road,
an 8-foot wide bike lane on the north side of Casey Road, two 12’ fo ot
wide travel lanes, 14’ wide parking/bike lane on the south side of Casey
Road, and a 14-foot wide left turn median, with the design subject to
review and approval by the City Engineer/Public Works Director and
Caltrans. Developer shall also have prepared improvement plans for the
Casey Road Improvements that are consistent with the City’s and Caltrans
requirements as determined by the City Engineer/Public Works Director,
and finalize plans for the Casey Road Improvements so plans are
submitted to Caltrans prior to issuance of the first building permit for a
residential unit in the Project. Developer shall obtain a Caltrans
encroachment permit for the construction of the Casey Road
Improvements and complete construction of the Casey Road
Improvements to the satisfaction of the City Engineer/Public Works
Director prior to issuance of the first certificate of occupancy for a
residential unit in the Project. Upon receipt of a written request from
Developer, City may construct all or part of the Casey Road Improvements
and Developer shall reimburse City for all actual and reasonable costs
thereof, including but not limited to construction, permits, contract
administration, design, inspection, utility relocation and all other Caltrans
requirements.
6.15 Annual Review Procedures. Developer agrees to comply with Section
15.40.150 of the Moorpark Municipal Code and any provision amendatory
or supplementary thereto for annual review of this Agreement and further
agrees that the annual review shall include evaluation of its compliance
with the approved MND and MMRP.
142
Ordinance No. 469
Page 26
6.16 Eminent Domain. Developer agrees that any election to acquire property
by eminent domain shall be at City’s sole discretion, and only after
compliance with all legally required procedures including but not limited to
a hearing on a proposed resolution of necessity.
6.17 Street Improvement Standards. The street improvements for all streets
scheduled for dedication to the City shall be designed and constructed by
Developer to provide for a 50-year life as determined by the City Engineer.
6.18 Implementation Plan. Prior to the issuance of the first building permit,
Developer shall submit and gain approval from City Council a plan to
guarantee the Developer agreements contained in this Agreement and in
the conditions of approval for the RPD. The plan shall address the entities
responsible and method and timing of guarantee for each component of
Developer’s obligations and is subject to City approval at its sole
discretion.
6.19 Fee Protest Waiver. Developer agrees that any fees and payments
specifically provided for in this Agreement for the Project shall be made
without reservation, 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.
Developer further agrees that the fees it has agreed to pay pursuant to
Subsections 6.3, 6.4 and 6.8 of this Agreement are not public
improvement fees collected pursuant to Government Code Section 66006
and statutes amendatory or supplementary thereto.
6.20 CPI Indexes. In the event the “CPI” referred to in Subsections 6.3, 6.6,
6.7, 6.8, 6.13(n), and 6.13(z) or the Bid Price Index referred to in
Subsections 6.4 and 6.7 are discontinued or revised, a successor index
with which the “CPI” and or Bid Price Index are replaced shall be used in
order to obtain substantially the same result as would otherwise have
been obtained if either or both the “CPI” and Bid Price Index had not been
discontinued or revised.
6.21 North Hills Parkway Improvements. Prior to the issuance of a zoning
clearance for filing of a Final Map, Developer agrees to provide an
irrevocable offer of dedication for a two-hundred-foot (200’) wide future
right-of-way along the entire northerly boundary of the Property for North
Hills Parkway, along with necessary slope easements for construction.
Developer agrees to construct the full width grading of North Hills Parkway
from the top of slope at the eastern end of the Developer’s Property to the
eastern boundary of the Hitch Ranch Specific Plan property. Additionally,
143
Ordinance No. 469
Page 27
Developer agrees to construct the southern one-half (1/2) of North Hills
Parkway, including a driveway for a northern project entrance, two (2)
lanes of travel, emergency parking/bicycle lane, curb, gutter, sidewalk,
drainage, full median and parkway landscaping and street lighting along
the entire frontage of the project and west to the eastern boundary of the
Hitch Ranch Specific Plan property (the “North Hills Parkway
Improvements”). Developer shall cause the North Hills Parkway
Improvements to be completed prior to occupancy of the 225th residential
unit in the Project. Developer agrees that all horizontal and vertical
alignments of the North Hills Parkway shall be determined by the City in its
reasonable discretion. The cost to acquire any fee title property or
easements necessary to complete the required construction and
maintenance of the North Hills Parkway Improvements that are outside the
Property boundaries shall be borne by the Developer. Per Section 7.7 of
this Agreement, City agrees that credit will be given by the City toward the
payment of the Citywide Traffic Fee in Section 6.4 of this Agreement for
the fair market value of off-site property acquired by the City or Developer
as determined by City to be necessary to complete these improvements.
6.22 City Ability to Modify. Developer acknowledges the City’s ability to modify
the development standards and to change the General Plan designation
and zoning of the Property upon the termination or expiration of this
Agreement (if the Project has not been built), and Developer hereby
waives any rights they might otherwise have to seek judicial review of
such City actions after the termination or expiration of this Agreement (if
the Project has not been built) to change the development standards,
General Plan designation and zoning to those development standards and
density of permitted development to those that were in existence prior to
the approval of GPA 2015-02 and ZC 2015-03.
7. City Agreements.
7.1 Commitment of Resources. At Developer’s expense, City shall commit
reasonable time and resources of City staff to work with Developer on the
processing of applications for Project Approvals and all Subsequent
Approvals and Building Permits for the Project area and if requested in
writing by Developer shall use overtime and independent contractors
whenever possible.
7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer
and limited to City’s legal authority, City at its sole and absolute discretion
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
144
Ordinance No. 469
Page 28
Developer including any land which is outside City's legal boundaries.
The process shall generally follow Government Code Section 66462.5 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,
City staff costs, and City overhead expenses of 15% on all out-of-pocket
costs.
7.3 Concurrent Entitlement Processing. City agrees that whenever possible
as determined by City in its sole discretion to process concurrently all land
use entitlements for the Project so long as the application for such
entitlements are “deemed complete” in compliance with the requirements
of Chapter 4.5 Review and approval of Development Projects (Permit
Streamlining Act) of the California Government Code.
7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of
this Agreement meets all of Developer's obligations under applicable law
for park land dedication.
7.5 Reimbursements from other Developments. 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 and at City’s discretion may include
provisions requiring such reimbursement to Developer for the same in
such other development project conditions of approval.
7.6 Early Grading Agreement. The City Manager is authorized sign an early
grading agreement on behalf of the 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 the
Project’s approved tentative map 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; construction
of on-site and off-site improvements consistent with the City Council
approved Project and Tentative Map. 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.
7.7 Credit toward Payment of Citywide Traffic Fees. City agrees that credit
will be given by the City toward the payment of the Citywide Traffic Fee in
Section 6.4 of this Agreement for the fair market value of off-site property
145
Ordinance No. 469
Page 29
acquired by the developer as determined by City to be necessary to
complete the improvements identified in Section 6.21 of this Agreement.
7.8 Hillside Management Ordinance. City agrees that per Section
17.38.030(M) of the Moorpark Municipal Code, this project is exempt from
the provisions of the Hillside Management Ordinance.
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
Developer 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 Developer
hereunder or render this Agreement invalid or void. At the same time as the
referenced annual review, City shall also review Developer’s compliance with the
MMRP.
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 written
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; (f)
damage to work in progress by reason of fire, flood, earthquake or other
casualty; (g) failure, delay or inability of City or other local government entity 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; (h) delay caused by a delay by other third party
entities which are required to approve plans or documents for Developer to
construct the Project, or restrictions imposed or mandated by such other third
party entities or governmental entities other than City, (including but not limited
to, Ventura County Watershed Protection District); or (i) 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
Project.
146
Ordinance No. 469
Page 30
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 within
five (5) business days after City gives written notice to Developer
that the same is due and payable; or
(c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice
to Developer of such breach (or, if the breach is not able to be
cured within such thirty (30) day period, Developer fails to start to
cure the same within thirty (30) days after delivery of written notice
by City of such breach or fails to thereafter diligently prosecute the
cure to completion).
11.2 Default by City. City shall be in breach of this Agreement if it breaches
any of the provisions of this Agreement and fails to cure the breach within
thirty (30) days after Developer gives written notice to City of the breach
(or, if the breach is not able to be cured within such thirty (30) day period,
City fails to start to cure the same within thirty (30) days after delivery of
written notice from Developer of such breach or fails to thereafter diligently
prosecute the cure to completion).
11.3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement, the
nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. Every notice shall state the applicable period to cure.
The notices shall be given 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
147
Ordinance No. 469
Page 31
of 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 this Agreement shall be limited to
the remedies expressly set forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/or specific performance. Developer shall not be entitled to
monetary damages or consequential damages for the City’s breach. In
addition, in the event this Agreement is terminated by City pursuant to the
provisions of Chapter 15.40 of the Moorpark Municipal Code, and such
termination is found invalid or unenforceable by a court of competent
jurisdiction, Developer shall not be entitled to monetary damages for th e
termination or consequential damages incurred that are the result of the
termination.
In addition, and notwithstanding any other language of this Agreement, if
the breach is of Subsection 6.13, 6.14 or 6.21 of this Agreement, City shall
have the right to withhold the issuance of building permits from the date
that the notice of violation was given pursuant to Subsection 11.3 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 Developer if it violates any City
ordinance or State statute.
12. Mortgage Protection.
12.1 Discretion to Encumber. The Parties hereto agree that this Agreement
shall not prevent or limit Developer, in any manner, at Developer’s sole
discretion, from encumbering the Property or any portion thereof or any
improvements thereon then owned by such person with any mortgage,
deed of trust or other security device (“Mortgage”) securing financing with
respect to the Property or such portion. Any mortgagee or trust deed
beneficiary of the Property or any portion thereof or any improvements
thereon and its successors and assigns (“Mortgagee”) shall be entitled to
the following rights and privileges.
12.2 Lender Requested Modification/Interpretation. City acknowledges that the
lenders providing financing to Developer for the Property may request
certain interpretations and modifications of this Agreement. City therefore
agrees upon request, from time to time, to meet with Developer and
representatives of such lenders to discuss in good faith any such request
for interpretation or modification. The City will not unreasonably withhold
its consent to any such requested interpretation or modification provided
148
Ordinance No. 469
Page 32
such interpretation or modification is consistent with the intent and
purposes of this Agreement, provided, further, that any modifications of
this Agreement shall be subject to the provisions of this Agreement
pertaining to modifications and amendments.
12.3 Mortgage Protection. This Agreement shall be superior and senior to the
lien of any Mortgage. Notwithstanding the foregoing, no breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any
Mortgage made in good faith and for value, but this Agreement shall be
binding and effective against the Mortgagee and every owner of the
Property, or part thereof, whose title thereto is acquired by foreclosure,
trustee sale or otherwise; provided, however, Mortgagee and such owner
shall not be responsible for any matters that occurred prior to their
acquisition of the Property or such portion.
12.4 Written Notice of Default. If a non-monetary default is not cured by
Developer within thirty (30) days after written notice by City to Developer
or a monetary default is not cured with in five (5) days after written notice
by City to Developer, then each Mortgagee shall be entitled to received
written notice from City of the applicable default by Developer under this
Agreement provided the Mortgagee has delivered a written request to the
City for such notice and shall have provided its address for notices in
writing to the City. Each such Mortgagee shall have a further right, but not
the obligation, to cure such default for an additional period of thirty (30)
days after delivery of such notice of default by City to the Mortgagee. City
shall not commence legal action against Developer by reason of
Developer’s breach without allowing the Mortgagee to cure the same as
specified herein.
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 ten (10) 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 consent or approval herein to be given by the
City may be given by the City Manager provided it is express and is in writing.
149
Ordinance No. 469
Page 33
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 thirty (30) days after the affected
Developer receives written 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
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 Chapter 15.40 of the Moorpark Municipal Code 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 Approvals. No amendment to a
Project Approval or Subsequent Approvals shall require an 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
and does not alter the permitted uses, density, intensity, maximum height,
size of buildings or reservations and dedications as contained in the
Project Approvals or Subsequent Approvals.
16. Developer 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, Developer's performance pursuant to this Agreement including, but not
limited to, Developer’s construction of the Project on the Property and any injury
sustained by any person in connection with the construction or partial
construction of buildings and improvements on the Property by or on behalf of
Developer.
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, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or
Subsequent Approval or modifications thereto, or any other subsequent
entitlements for the project and including any related environmental approval.
150
Ordinance No. 469
Page 34
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. As described in Subsection 1.9 above, this Agreement shall
become operative on the Operative Date, being 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 the Operative Date or until one year after the
issuance of the final building permit for occupancy of the last unit of the Project,
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 or Building Permit or Final Building Permit that has been
granted or any right or obligation arising independently from such Project
Approval or Subsequent Approval or Building Permit or Final Building Permit.
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.
Notwithstanding the foregoing, the following shall survive the expiration or earlier
termination of this Agreement: (i) all obligations arising under this Agreement
prior to the expiration or earlier termination of this Agreement; and (ii) Subsection
6.22 of this Agreement.
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 “B” attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contain 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.
151
Ordinance No. 469
Page 35
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision, whether or not similar; nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
an agent of any of the other Parties in any respect. Nothing contained herein or
in any document executed in connection herewith shall be construed as creating
the relationship of partners, joint ventures or any other association of any kind or
nature between City and Developer, 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 Chapter 15.40 of
the Moorpark Municipal Code 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 Purchase and Sale Agreement,
the Project Approvals or the Subsequent Approvals, the provision of this
Agreement 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.
152
Ordinance No. 469
Page 36
30. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Ventura, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related
to, or arising from, this Agreement shall be filed in the appropriate court having
jurisdiction in the County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
order or decree rendered in such action, suit or proceeding shall include an
award thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which constitute one and the
same instrument.
33. Authority to Execute. Developer warrants and represents that to its knowledge
as of the Operative Date and with respect to each entity that is defined as
Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute
and deliver this Agreement; (iii) by so executing this Agreement, Developer is
formally bound to the provisions of this Agreement; (iv) Developer’s entering into
and performance of its obligations set forth in this Agreement do not violate any
provision of any other agreement to which Developer is bound; and (v) there is
no existing or threatened litigation or legal proceeding of which Developer is
aware that could prevent Developer from entering into or performing its
obligations set forth in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Development
Agreement effective as of the Operative Date.
CITY OF MOORPARK
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
153
Ordinance No. 469
Page 37
GRAND PACIFIC ASSET 2 LLC,
a California limited liability company
By:
Gil Priel – Managing Member
154
Ordinance No. 469
Page 38
EXHIBIT “A”
LEGAL DESCRIPTION
For APN/Parcel ID(s): 513-0-130-070, 513-0-130-060, 511-0-110-115, 511-0-110-125, 511-0-040-190
and 511-0-110-035
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel 1:
Those portions of Lots "T" and "U" of Tract "L", Rancho Simi, in the City of Moorpark, County of
Ventura, State of California, as per Map recorded in Book 5, Page 5 of Maps, in the office of the
County Recorder of said County, described as a whole as follows:
Beginning at the Southwesterly corner of Lot 1 of Walnut Grove Tract, as per Map recorded in Book 8,
Page 22 of Maps; thence along the Westerly line of said Lot 1,
1st: North 10° 48' East 46.25 feet; thence,
2nd: North 0° 26' West 405.9 feet; thence,
3rd: North 89° 34' East 40 feet; thence,
4th: North 0° 26' West 16.91 feet to an angle point in the Northwesterly line of the land described in
deed to Pilar Dominguez, recorded August 21, 1942, Book 660, Page 264 of Official Records; thence
along said Northwesterly line to and along the Northwesterly line of the land described in deeds to
Refugio Garcia, recorded August 21, 1942, Book 660, Page 263; Basilio Reyes, recorded August 21,
1942, Book 660, Page 264; Antonio Aquirre, recorded July 1, 1941, in Book 638, Page 460; Santos
Hernandez, recorded August 21, 1942, Book 660, Page 262; Joe Dominguez, recorded August 21,
1942, Book 660 Page 262; and Mary Macias, recorded August 21, 1942, Book 660, Page 261 all of
Official Records, by the following three courses,
5th: North 31° 41' East 235.84 feet to an angle point in the Northwesterly line of said land of Basilio
Reyes; thence,
6th: North 33° 41' East 339.91 feet to an angle point in the Northwesterly line of said land of Joe
Dominguez; thence,
7th: North 35° 48' East 304.7 feet, more or less, to the most Northerly corner of said land of Mary
Macias; thence along the Northeasterly line of said last mentioned land,
8th: South 41° 12' East 120.38 feet to the Northwesterly line of said Walnut Grove Tract; thence along
said last mentioned Northwesterly line,
9th: North 35° 48' East 56.50 feet to the most Westerly corner of Lot 24 of Walnut Grove Tract;
thence along the Westerly prolongation of the Southerly line of said Lot 24,
10th: South 89° 58' East 6.67 feet to the most Easterly corner of the land described in Parcel 2 in
deed to Alfonso Valenzuela and wife, recorded October 17, 1957, Book 1558 Page 181 of Official
Records; thence along the boundary of said Parcel 2 by the following two courses,
155
Ordinance No. 469
Page 39
11th: North 49° 21' 34" West 140.90 feet; thence in a direct line,
12th: North 1° 35' East 29.5 feet, more or less, to the most Westerly corner of the land described in
deed to Eduvijar Addapa, recorded November 19, 1929, Book 290, Page 305 of Official Records;
thence along the Northwesterly line of said last mentioned land to and along the Northwesterly line of
the land described in deeds to Toribia Rosas Herrez, recorded June 20, 1929, Book 275, Page 37;
Jubencio Guerrero, recorded September 27, 1930, Book 328, Page 181; Virginia R. Armenta,
recorded June 22, 1940, Book 615, Page 642; Manuel Banuelos, recorded August 21, 1942, Book
659, Page 219; and Patrick J. Chavez, as Administrator, recorded December 29, 1941, Book 648,
Page 684 all of Official Records,
13th: North 35° 48' East 565.3 feet, more or less, to the Southerly line of Lot 36 of Vallette Tract, as
per Map recorded in Book 3, Page 41 of Maps; thence along the Southerly line of Lots 36 and 32 of
said Vallette Tract,
14th: South 89° 53' West 1476.27 feet, more or less, to the Northwesterly corner of the land
described in deed to Maxwell W. Wright, recorded October 1, 1914, Book 144, Page 283 of Deeds;
thence along the Westerly line of said last mentioned land,
15th: South 1360.3 feet, more or less, to the most Northerly corner of the land described in deed to
Letha
C. Richards, recorded October 10, 1929, Book 286, Page 292 of Official Records; thence along the
boundary of said last mentioned land by the following three courses,
16th: South 68° 17' East 222.42 feet to the Northeasterly corner thereof; thence, 17th: South 4° 01'
West 46.56 feet to an angle point; thence,
18th: South 22° 33' East 128.24 feet to the Northeasterly corner of the land described in deed to R. R.
Casey, recorded April 3, 1930, Book 309, Page 319 of Official Records; thence along the boundary of
said last mentioned land by the following two courses,
19th: South 22° 33' East 9.7 feet to an angle point; thence,
20th: South 28° 54' East 178.22 feet to the most Westerly corner of the land described in Parcel 3 in
deed to the County of Ventura, recorded October 21, 1931, Book 358, Page 107 of Official Records;
thence along the Northerly line thereof,
21st: North 89° 59' 30" East 266.56 feet to the Westerly line of the land described in deed to County
of Ventura recorded December 12, 1922, Book 189, Page 269 of Deeds; thence along said Westerly
line,
22nd: North 10° 48' East 47.96 feet to the point of beginning. EXCEPT all public roads lying within
said land.
ALSO EXCEPT that portion thereof described as follows:
Beginning at a point in the Westerly line of the land described in deed to Maxwell W. Wright, recorded
October 1, 1914, Book 144, Page 283 of Deeds; being also the Westerly line of the herein before
described Parcel 1, distant along said Westerly line North 736.09 feet from the Northwesterly corner of
156
Ordinance No. 469
Page 40
the land described in deed to Moorpark Memorial Union High School District, dated July 3, 1920,
recorded in Book 176, Page 275 of Deeds; thence along said Westerly line,
1st: South 285.05 feet to the most Northerly corner of the land described in deed to Letha C.
Richards, recorded October 10, 1929, Book 286, Page 292 of Official Records; thence along the
Northeasterly line of said last mentioned land,
2nd: South 68° 17' East 222.42 feet to the Northeasterly corner of said land of Letha C. Richards;
thence, 3rd: North 4° 01' East 162.37 feet; thence,
4th: North 4° 30' West 152.20 feet; thence,
5th: North 19° 51' West 72.64 feet; thence in a direct line, 6th: South 85° 23' West 182.04 feet to the
point of beginning.
ALSO EXCEPT the property described in deed recorded February 1, 1957, Book 1479, Page 316 of
Official Records, described as follows:
Beginning at the Southwest corner of Lot 23 of Walnut Grove Tract; thence, North 35° 48' East 2.17
feet; thence, North 41° 12' West 120.48 feet to the true point of beginning of said Parcel to be
described; thence,
1st: North 41° 12' West 33.50 feet to a point; thence,
2nd: South 25° 37' 24" West 184.74 feet to a point; thence, 3rd: North 35° 48' East 174.29 feet to the
point of beginning.
ALSO EXCEPT 49% of oil, gas and other hydrocarbon substances and minerals, but without the right
to enter on the surface or within 500 feet of the surface on a line drawn vertically, as reserved by
Arnold F. Dush and Ethel M. Dush, also known as A. F. Dusch and Ethel M. Dusch, in deed recorded
May 27, 1959, Book 1739, Page 9 of Official Records.
Parcel 2:
A part of Lot "U" of Tract "L", Rancho Simi, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 5, Page 5 of Maps, in the office of the County Recorder of
said County, and a part of Lots 32 and 36 of Vallette Tract, being a Subdivision of Lot."2", Block "L" of
Rancho Simi, as per Map recorded in Book 3, Page 41 of Maps, in the office of the County Recorder
of said County, said real property particularly described as an entirety as follows:
Beginning at the corner common to Lots "T" and "U", as per Map first above described, and at the
corner common to Lots 32 and 36, as per Map last above described; thence from said point of
beginning.
1st: North 89° 53' East 10 chains to a redwood fence post set at an angle of fence on spur of hills at
the Southwest corner of that certain parcel of land as described in the deed to Maxwell W. Wright to
James M. Robinson, dated February 12, 1912, recorded in Book 128, Page 319 of Deeds; thence,
157
Ordinance No. 469
Page 41
2nd: North 89° 58' East 2.715 chains to a point in the West line of Lot 35, as per Map entitled, "Map
of Walnut Grove Tract", recorded in Book 8, Page 22 of Maps, in the office of the County Recorder of
said County; thence along the Westerly line of Lots 35 to 44, inclusive as per Map last above
described, by the following t h r e e courses and distances,
3rd: North 35° 48' East 4.193 chains to a point at an angle in the Westerly line of Lot 40 of Walnut
Grove Tract; thence,
4th: North 5° 18' East 2.716 chains to a point in the Westerly line of Lot 43 of Walnut Grove Tract;
thence,
5th: North 17° 18' East 1.052 chains; at 0.735 of a chain, the Northwest corner of Lot 44 of Walnut
Grove Tract; at 1.052 chains a point in the South line of Lot 36 of Vallette Tract; thence,
6th: North 89° 58' West 20.415 chains to a 2" x 2” stake set on West bank of a barranca at the
Northeast corner of that certain parcel of land, containing 4.123 acres, as conveyed by James M.
Robinson to George M. Carter, by deed dated February 28, 1919, recorded in Book 162, Page 265 of
Deeds; thence Southerly along the general course of the Westerly bank of said barranca by the
following two courses
and distances,
7th: South 24° 59' East 1.879 chains to a 2" x 2" stake; thence,
8th: South 13° 35' West 5.560 chains to a 2" x 2" redwood stake set on the Westerly bank of said
barranca in the South line of Lot 32 of Vallette Tract, and at the Southeast corner of said lands of
George M. Carter; from which a 2" x 2" stake set at the Northeast corner of that certain parcel of land,
containing 10 acres, as conveyed by Alice M. Graham, et al. to Maxwell W. Wright, by deed dated
September 10, 1914, recorded in Book 144, Page 283 of Deeds, bears South 89° 53' West 4.894
chains distant; thence,
9th: North 89° 53' East 5.116 chains along the South line of Lot 32 of Vallette Tract to the point of
beginning.
Parcel 3:
Lot 23 of Walnut Grove Tract, in the City of Moorpark, County of Ventura, State of California, as per
Map recorded in Book 8, Page 22 of Maps, in the office of the County Recorder of said County.
158
Ordinance No. 469
Page 42
EXHIBIT “B”
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Grand Pacific Asset 2 LLC
300 E. Esplanade Drive, Suite 1550
Oxnard, CA 93036
159