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Home My WebLink AboutAGENDA REPORT 2005 0601 CC REG ITEM 09AITEM q • A - CITY OF MOORPARK, CALIFORNIA City Council Meeting of 'o744f AC11ON: idea" MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager C�L DATE: May 25, 2005 (CC Meeting of June 1, 2005) SUBJECT: Consider Second Amendment to Memorandum of Understanding (MOU) between North Park Village, LP and City of Moorpark BACKGROUND: In December 2001, the City and North Park Village, LP (North Park) entered into an MOU pertaining to processing of North Park's development plans. The MOU was amended in January 2003 to address the project schedule. DISCUSSION: This proposed Second Amendment addresses four (4) matters, as follows: 1. In the event the City Council certifies the project EIR and calls a special election for voter approval of all or some of the Project Entitlements, and the voters approve such Project Entitlements at the election, City will cooperate with North Park to annex the North Park property to the City, provided North Park has executed the Development Agreement; 2. Obligates North Park to pay for the cost of the election and guarantees payment of those costs; 3. Obligates North Park to pay City $50,000.00 for preparation of a Park Master Plan; and City Council Agenda Report Re: Second Amendment to MOU between North Park Village, LP, and City of Moorpark Page 2 May 25, 2005 (CC Meeting of June 1, 2005) 4. Extends North Park's indemnification of City to election and pre- annexation challenges. STAFF RECOMMENDATION: Approve MOU subject to final language approval of City Attorney and City Manager. SK:db Attachment: Second Amendment to MOU between North Park Village, LP, and City of Moorpark S: \City Manager \Everyone \ccagenda \Second Amendment to MOU for North Park.doc SECOND AMENDMENT TO THE DECEMBER 10, 2001 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MOORPARK AND NORTH PARK VILLAGE, LP This Second Amendment to the December 10, 2001 Memorandum of Understanding ( "Second Amendment ") is entered into this 1" day of June, 2005, by and among the City of Moorpark, a municipal corporation ( "the City ") and North Park Village, LP, a California limited partnership, Hidden Creek Ranch, L.P., a California limited partnership, and Messenger Investment Company, a California corporation (collectively, "Developer "). This Second Amendment is made and entered into with respect to the following recitals, and in consideration of the terms, covenants and conditions set forth below: 1.0 RECITALS 1.1 The City and Developer entered into a Memorandum of Understanding (MOU) on December 10, 2001 concerning the parties' agreements and mutual understandings with respect to the processing of Developer's development plans for the Developer's property through the City (developer's property is described on Exhibit "A" attached hereto). 1.2 The MOU was amended by the First Amendment, dated January 10, 2003 to address certain revisions to the Project Schedule. 1.3 The City has been processing an EIR, as well as General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, Zone Change No. 2001 -02 and a Development Agreement (collectively, the "Project Entitlements" as described in the MOU) for development of Developer's property and it is anticipated that the City Council is near completion of that processing. 1.4 At the conclusion of the City Council's consideration of the Project Entitlements, the Council will either refuse to certify the EIR, or certify the EIR and forward some or all of the Project Entitlements to the voters of the City of Moorpark for their consideration. 1.5 Modifications to the MOU are necessary to address certain issues in the event the City Council decides to forward some or all of the Project Entitlements to the Moorpark voters. NOW, THEREFORE, the parties agree to the following terms, covenants and conditions: SACity Managcr \Everyone\Agreements\.Second amendment to MOU wo leg format 0520 2005 doe f-S k1• 0 2.0 AMENDMENTS TO MOU 2.1 Upon the execution of this Second Amendment, Developer shall pay all outstanding City processing costs related to the Project Entitlements. 2.2 Developer agrees to pay to the City no later than thirty (30) days after City Council action setting an election for the voters to consider approval of some or all of the Project Entitlements, Fifty Thousand Dollars ($50,000.00) for the preparation of a City -wide Parks Master Plan. Developer understands that failure to make such payment may result in the City Council rescinding any such resolution calling an election, at the City Council's discretion. 2.3 Developer agrees to pay all costs associated with the conduct of a special election to consider approval of some or all of the Project Entitlements. Such costs shall include, but not be limited to, staff time, contract staff and /or consultants, equipment rental, etc. and City overhead expenses of fifteen percent (15 %) on all out of pocket and professional service costs. Developer agrees to deposit with the City within ten (10) days of any Council adoption of a resolution calling a special election. Costs shall be deducted from such deposit by the City, and Developer agrees to make such additional deposits as City may require to cover election costs in the event the initial deposit amount is insufficient to cover the election. Additionally, Developer agrees to post an irrevocable letter of credit in the amount of $100,000 and in a form acceptable to the City Attorney, securing Developer's obligation to reimburse the City for election costs. 2.4 Developer agrees that its obligations as described under sections 7.7 and 7.12 of the MOU include, among other things, litigation challenging the EIR for the project, as well as litigation in connection with or arising out of any special election for the Project and any post - election LAFCO proceedings for the Project. 2.5 City agrees that if the City Council in its discretion certifies the project EIR and calls a special election for voter approval of all or some of the Project Entitlements, and the voters approve such Project Entitlements at the election, City shall cooperate with Developer to annex Developer's property to the City, provided that Developer has executed the Development Agreement. Developer shall cooperate, and pay all direct, indirect, and out -of- pocket costs, to process an application for expansion of the City's Sphere of Influence and annexation of the property encompassed by SP 2001 -01 to the City of Moorpark. Said costs may include but are not SAC'ity Manager \F veryone\Agreements\Sccond amendment to MOU wo leg format 0520 2005.doc t\�ll�► n �� limited to attorney fees, engineering fees, City staff costs, and City overhead expenses of fifteen percent (15 %) on all out of pocket and professional service costs. 3.0 EFFECT OF AMENDMENT 3.1 Except as expressly modified herein, all terms of the MOU and the First Amendment remain in full force and effect. If any provision of this Second Amendment is in conflict with any provision of the MOU or First Amendment, the terms of this Second Amendment shall govern. 3.2 Both City and Developer agree that neither party is in default with respect to any provision of the MOU or First Amendment as of the date of this Second Amendment. 3.3 Nothing in this Second Amendment shall in any way be construed as a limitation on the City Council's discretion as described in section 5.3 of the MOU. 4.0 RECORDATION 4.1 This Second Amendment may be recorded with the Ventura County Recorders office by the City. IN WITNESS WHEREOF, the parties to the MOU, and as amended by the First Amendment, have executed this Second Amendment on the day and year first set forth above. CITY OF MOORPARK: Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk SACny Manager\Everyone\Agreements \Second amcndment to MOU wo leg format 0520 2005.doc 0 V vJ DEVELOPER: NORTH PARK VILLAGE, L.P., a California Limited partnership Kim John Kilkenny, Authorized Agent HIDDEN CREEK RANCH, L.P., a California Limited partnership M Kim John Kilkenny, Authorized Agent HIDDEN CREEK RANCH, L.P., a California Limited partnership By: EAST VENTURA HILLS PARTNERS, L.P., A California limited partnership By: MESSENGER PARTNERSHIP XVI, L.P. A California limited partnership, A General Partner By: MESSENGER INVESTMENT COMPANY A California corporation, a General Partner IN In William S. Messenger, Jr., President William S. Messenger, Jr., a General Partner MESSENGER INVESTMENT COMPANY A California corporation, in William S. Messenger, Jr., President SACity Managcr \Evcryone\Agreements\Second amendment to MOU wo leg format 0520 2005.doe Exhibit A (Developer's Property) TO BE INSERTED SAC'ity Manager \8veryone�Agreements\Sccond amendment to MOU wo leg format 0520 2005 doc !1 If ) n q ^