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AGENDA REPORT 2005 1005 CC REG ITEM 09A
TO- FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM Q - A. - CITY OF MOORPARK, CALIFOW,", City Council Meeting Of O -05 aoo5 ACTION: Deborah S. Traffenstedt, Administrative Services Director and City Clerk I-D!5-r September 29, 2005 (CC Meeting of 10/05/05) SUBJECT: Consider Special Election Resolutions for the North Park Village and Nature Preserve Project Calling a Special Election for February 28, 2006; Setting Priorities for Filing Written Arguments and Directing the City Attorney to Prepare the Impartial Analysis; and Providing for the Filing of Rebuttal Arguments BACKGROUND At the City Council's regular meeting on September 21, 2005, the Council deferred a decision on calling a special election for the North Park project in response to the project applicant's request for a two -week continuance. Staff discussed two potential new election dates (February 28 or March 7, 2006) as a result of the requested continuance. The Council provided direction to staff on the proposed ballot question and determined to not assign a priority for a ballot argument to the City Council. DISCUSSION Staff is recommending February 28, 2006, as the special election date, as this would be the next available election date based on the two -week continuance of the election decision. Staff has revised the three election resolutions to reflect the new election date of February 28, 2006, and to incorporate the changes directed by the City Council at the September 21 meeting. The revisions to the election resolutions are summarized below: In Attachment 1 (resolution calling the election), the election date has been revised to February 28, 2006; the ballot question has been shortened based on Council direction; and the ordinance title has also been shortened to be consistent with the revised ballot question. 000.E -11 Honorable City Council October 5, 2005, Regular Meeting Page 2 In Attachment 2 (the resolution setting priorities for filing written arguments and directing the City Attorney to prepare the impartial analysis), the prior language that would have established a priority for a ballot argument to the City Council has been deleted, and the ballot question and election date have been revised. In Attachment 3 (the resolution providing for the filing of rebuttal arguments), the election date has been revised. An election calendar for a February 28, 2006, special election is included as Attachment 4 to this agenda report. STAFF RECOMMENDATION Adopt the three election resolutions Nos. 2005- and ATTACHMENTS: 1. A Resolution of the City Council of the City of Moorpark, California, Calling and Giving Notice of the Holding of a Special Municipal Election to be Held on Tuesday, February 28, 2006, for the Submission of an Ordinance to the Qualified Voters Relating to the North Park Village and Nature Preserve Project, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. 2. A Resolution of the City Council of the City of Moorpark, California, Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis. 3. A Resolution of the City Council of the City of Moorpark, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections. 4. Election Calendar for a February 28, 2006, Special Election 000J. 1 J ATTACHMENT 1 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, FEBRUARY 28, 2006, FOR THE SUBMISSION OF AN ORDINANCE TO THE QUALIFIED VOTERS RELATING TO THE NORTH PARK VILLAGE AND NATURE PRESERVE PROJECT, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California a Special Municipal Election shall be held on Tuesday, February 28, 2006, for the purpose of submitting to the voters at the election a question relating to adoption of an ordinance approving the North Park Village and Nature Preserve Project on a 3,544 -acre site, including a Specific Plan (SP 2001 -01), Development Agreement (DA 2005 -01), Zone Change (ZC 2001 -02) and General Plan Amendment (GPA 2001 -05) with a CURB (City Urban Restriction Boundary) amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Moorpark, California, on Tuesday, February 28, 2006, a Special Municipal Election for the purpose of submitting to the voters the following question: Shall the Ordinance, which approves the North ' Park Village and Nature Preserve Project on a Yes 3,544 -acre site, approves a Specific Plan, Development Agreement, Zone Change and General Plan Amendment with a CURB (City Urban Restriction Boundary) amendment, be adopted? No SECTION 2. That the proposed complete text of the ordinance to be submitted to the voters is attached as Exhibit 1. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. 000176 Resolution No. 2005 - Page 2 SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day, when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. :SECTION 6. That pursuant to Elections Code Section 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $200.00 for each inspector and $140.00 for each Clerk for the election, and in addition the sum of $25 will be given to each precinct board member to attend a training class and the sum of $20 to be given to each inspector to pick up the precinct supplies. The rental to be paid for each polling place, where a charge is made, shall be a minimum of $25.00, or as approved by the City Manager for the election. When required, the compensation of the Custodian of a building shall be whatever the polling place owner requires, and as approved by the City Manager, for the election. SECTION 7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form, and manner as required by law. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 000i"77 Resolution No. 2005 - Page 3 PASSED AND ADOPTED this 5th day of October, 2005. Patrick Hunter, Mayor ATTEST Deborah S. Traffenstedt, City Clerk Exhibit 1: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE NORTH PARK VILLAGE AND NATURE PRESERVE PROJECT ON A 3,544 -ACRE SITE, INCLUDING A SPECIFIC PLAN (SP 2001 -01), DEVELOPMENT AGREEMENT (DA 2005 -01), ZONE CHANGE (ZC 2001 -02) AND GENERAL PLAN AMENDMENT (GPA 2001 -05) WITH A CURB (CITY URBAN RESTRICTION BOUNDARY) AMENDMENT 0©®1!8 EXHIBIT 1 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE NORTH PARK VILLAGE AND NATURE PRESERVE PROJECT ON A 3,544 -ACRE SITE, INCLUDING A SPECIFIC PLAN (SP 2001- 01), DEVELOPMENT AGREEMENT (DA 2005 -01), ZONE CHANGE (ZC 2001 -02) AND GENERAL PLAN AMENDMENT (GPA 2001 -05) WITH A CURB (CITY URBAN RESTRICTION BOUNDARY) AMENDMENT The People of the City of Moorpark do ordain as follows: SECTION 1. Purpose and Findings: 1.1 North Park Village L.P. has submitted an application for development of a 3,544 -acre project site located in the County of Ventura unincorporated area immediately adjacent to the Northeast boundary of the City of Moorpark. The Development contemplates construction of 1,680 residential units, up to 70,000 square feet of commercial uses, a recreational lake, parks, a freeway offramp, roadways, schools, a fire station, 2,160 acres of open space, all as more particularly described in Specific Plan 2001 -01 (the "Project "). The Project application includes a General Plan Amendment (GPA 2001 -05), a Specific Plan (SP 2001 -01), a Zone Change (ZC 2001 -02) and a Development Agreement (DA 2005 -01) (collectively, the "Project Entitlements "); and 1.2 The People of the City of Moorpark approved Measure "S," the Moorpark Save Open -space and Agricultural Resources initiative, at a special election held January 12, 1999, which became effective February i3, 1999. Measure S amended the Moorpark General Plan to create the Moorpark CURB (City Urban Restriction Boundary) , which CURB is coterminus with the Sphere of Influence line established by the Local Agency Formation Commission as such existed as of January 1, 1998; and 1.3 The Moorpark CURB prohibits the provision of urban services or approval of urbanized uses of land (with a few exceptions) by the City beyond the Moorpark CURB; and 00®11i9 North Park Ordinance Page 2 1.4 Measure S provides "The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary on the ballot pursuant to the mechanisms provided by State law "; and 1.5 California Elections code section 9222 provides that a City Council may submit to the voters a proposition for the enactment of any ordinance; and 1.6 The City of Moorpark the Project Entitle hearings before both the City Council, at the public have presentations; and in processing the application for ments has held numerous public the City Planning Commission and which hearings the applicant and had opportunities to make 1.7 The City of Moorpark City Council, by Resolution 2005- 2338 certified an Environmental Impact Report for the Project ( "EIR ") . By Resolution 2005 -2339 the City Council adopted findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations for the EIR and Project, all as required by the California Environmental Quality Act and the requirements of Measure S; and 1.8 Subsequent to the adoption of Resolutions 2005 -2338 and 2005 -2339, the City Council adopted Resolution 2005- , % %A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, FEBRUARY 28, 2005, FOR THE SUBMISSION OF AN ORDINANCE TO THE QUALIFIED VOTERS RELATING TO THE NORTH PARK VILLAGE AND NATURE PRESERVE PROJECT, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES." SECTION 2. The Moorpark General Plan is hereby amended by General Plan Amendment 2001 -05, attached hereto as Exhibit A. SECTION 3. Specific Plan 2001 -01, a certified copy of which is attached hereto as Exhibit B, is hereby adopted. 00 OIL 80 North Park Ordinance Page 3 SECTION 4. The Moorpark zoning code is hereby amended by Zone Change 2001 -02, attached hereto as Exhibit C. SECTION 5. Development Agreement 2005 -01, a copy of which is attached hereto as Exhibit D, is hereby adopted. SECTION 6. Notwithstanding any provision of GPA 2001- 05, SP 2001 -01, ZC 2001 -02 and DA 2005 -01, as approved herein, any amendment to the Moorpark General Plan, Zoning Ordinance, SP 2001 -01 or DA 2005 -01 which is inconsistent with the following restrictions shall require a vote of the Moorpark electorates 1. The number of homes permitted in SP 2001 -01 shall not be increased above 1,680 without approval of the Moorpark electorate. 2. The Moorpark City Urban Restriction Boundary (CURB) line governing the SP 2001 -01 planning area shall not be expanded beyond the voter - approved boundaries without approval of the Moorpark electorate. 3. The minimum 500 foot open space buffer between existing residences and new residences in SP 2001 -01 shall not be reduced without approval of the Moorpark electorate. 4. The maximum permissible square footage of commercial construction in SP 2001 -01 shall not be increased above 70,000 square feet without approval of the Moorpark electorate. 5. The size of the North Park Nature Preserve (PA 27) shall not be decreased from 2,160 acres without approval of the Moorpark electorate. 6. No more than 500 residential units may receive building permits, until the new SR -118 interchange as shown in SP 2001 -01 is open for public use, without approval of the Moorpark electorate. 7. Public access to public parks, the recreation lake and public trails identified in SP 2001 -01 shall not be made more restrictive without approval of the Moorpark electorate. SECTION 7. If any section, sub - section, provision, sentence, clause, phrase, part, or portion of this ordinance is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such that any of the 000.181 North Park Ordinance Page 4 entitlements contemplated within Sections 2 through 5, or the limitations contemplated in Section 6 are not valid or enforceable, then this entire ordinance shall be invalid. It is the intent of the voters of the City of Moorpark that the North Park Village Project, including GPA 2001 -05, SP 2001 -01, ZC 2001 -02 and DA 2005 -01 and the limitations on amendments of those entitlements as set forth in Section 6 are one project and that the invalidity of any of these entitlements would diminish the quality of the overall project to a level that is unacceptable to the Moorpark electorate. SECTION 8. Notwithstanding the date that this Ordinance is deemed adopted under State law, GPA 2001 -05, SP 2001 -01, ZC 2001 -02 and DA 2005 -01, shall not become effective until completion of the annexation of the property described within SP 2001 -01 to the City of Moorpark; provided, however, that if the annexation is not completed within twelve (12) months of the certification of the election results, this Ordinance shall be null and void and of no further force or effect. This twelve (12) month period shall be tolled during the pendency of any litigation challenging the Project, this Ordinance, the election for this Ordinance, or the EIR for the Project. ATTACHMENTS: Exhibit A - General Plan Amendment 2001 -05 Exhibit B - Specific Plan 2001 -01 Exhibit C - Zone Change 2001 -02 Exhibit D - Development Agreement 2005 -01 O©0-"LS2 North Park Ordinance Page 5 EXHIBIT A GENERAL PLAN AMENDMENT NO. 2001 -05 LAND USE ELEMENT AMENDMENTS: The Land Use Element of the City of Moorpark General Plan is amended to read as follows: SECTION 4.0 LAND USE GOALS AND POLICIES: Page 11 of the General Plan, under the heading Growth and Population, Policy 2.1 is amended to read as follows: Growth and Population GOAL 1: Attain a balanced city growth pattern that includes a full mix of land uses. Policy 1.1: New development and redevelopment shall be orderly with respect to location, timing and density/ intensity; consistent with the provision of local public services and facilities; and compatible with the overall suburban rural community character. Policy 1.2: Every five years the City's land use inventory shall be reviewed and, if necessary, the land use element shall be modified to ensure that general -plan policies are being adhered to and to provide an adequate up -to -date data base for continuing development considerations. Policy 1.3: New residential development shall be consistent with City- adopted growth ordinance policies. Policy 1.4: New development and redevelopment shall be coordinated so that the existing and planned capacity of public facilities and services shall not be adversely impacted. Policy 1.5: A comprehensive planning approach for undeveloped areas of the community shall be followed, to prevent disjointed, incremental expansion of development. 000 -.83 North Park Ordinance Page 6 GOAL 2: Establish a logical Sphere of Influence. Policy 2.1: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary, as amended by vote of the electorate, or pursuant to the procedures set forth in Section 8.4. SECTION 5.2 SPECIFIC PLAN DESIGNATION - SP: Page 35 of the General Plan under the subtitle "Planning Area Outside City Limits" is amended to read as follows: Planning Area Outside City Limits Specific plan areas 4, 5, 6, 7 and 8 (proposed within the unincorporated planning area) were analyzed in conjunction with the updating of the Land Use Element but were found to be outside the sphere of influence and outside of the CURB (see, Section 8.0, et seq.) and accordingly not appropriate for urban development and were, therefore, not approved. Specific Plan 4 (Deleted) Specific Plan 5 (Deleted) Specific Plan 6 (Deleted) Specific Plan 7 (Deleted) Specific Plan 8 (Deleted) Specific Plan 11 (North Park Village and Nature Preserve) Specific Plan 11 consists of approximately 3,544 acres, located north of State Route 118 (SR -118), northeast of downtown Moorpark and north of Moorpark College. The Specific Plan area lies entirely within the City of Moorpark's area of interest. t) ®0�.�7M ZI North Park Ordinance Page 7 The North Park Village and Nature Preserve Specific Plan shall incorporate the following elements and policies: Required Plan Elements: ■ A maximum of 1,500 single- family detached homes and 180 affordable housing units. ■ A minimum 500 -foot open space buffer between existin homes and new homes. ■ A maximum of 70,000 square feet of local serving, lake oriented commercial uses in a neighborhood center that includes 90 of the affordable housing units. ■ A 2,160 -acre nature preserve protected by the Moorpark City Urban Restriction Boundary (Moorpark CURB) line. ■ A 434 -acre open space system. ■ A 26 -acre (net usable acres) public community park. ■ A 67 -acre publicly- accessible recreation lake area (includina lake surface and lake buffer). ■ A 9.3 -acre public lakefront park ■ A 4.5 -acre public nature park ■ A 1.5 -acre fire station site, and 1.5 -acre fire service helispot site. ■ An 18 -acre school site offered for dedication to the Moorpark Unified School District. ■ A new SR -118 interchange approximately one mile east of Collins Drive providing direct vehicular access from SR -118 to the Specific Plan area and Moorpark College, completed prior to the issuance of the 501St residential buildina permit. Required Plan Policies: ■ The number of homes permitted in Specific Plan 11 shall not be increased above 1,680 without approval of the Moorpark electorate. U ®0ji 85 North Park Ordinance Page 8 ■ The Moorpark CURB line governing the Specific Plan 11 planning area shall not be expanded beyond the voter - approved boundaries without approval of the Moorpark electorate. ■ The minimum 500 -foot open space buffer between existing residences and new residences in Specific Plan 11 shall not be reduced without approval of the Moorpark electorate. ■ The maximum permissible square footage of commercial construction in Specific Plan 11 shall not be increased above 70,000 square feet without approval of the Moorpark electorate. ■ The size of the nature preserve shall not be decreased from 2,160 acres without approval of the Moorpark electorate. ■ No more than 500 residential units may receive building permits until the new SR -118 interchange as shown in SP 2001 -01 is open for public use unless approved by the Moorpark electorate. ■ Public access to public parks, the recreational lake, and public trails identified in an approved Specific Plan for Specific Plan 11 shall not be made more restrictive without the approval of the Moorpark electorate. • At least sixty -five percent (650) of the land in Specific Plan 11 with slopes greater than twenty percent (200) shall be preserved in a natural condition. • At least eighty percent (800) of the existing native oak trees subject to the provisions of Chapter 12.12 of the Moorpark Municipal Code shall be preserved. Oak trees affected by the Specific Plan development shall be either relocated or replaced so that the site ultimatelv contains a net increase in oak trees. U®®IS(; North Park Ordinance Page 9 SECTION 6.0 LAND USE PLAN STATISTICAL SUMMARY; Page 38, consisting of three paragraphs, is amended to read as follows: The following table (Land Use Plan - statistical summary, Table 3) summarizes the approximate acreage and the number of dwelling units resulting from each of the land use classifications designated on the Land Use Plan maps for the overall planning area (City Area - Exhibit 3, and Unincorporated Area - Exhibit 4). Dwelling unit n/c is based on an estimate of the density, which could occur for each residential land use classification based on the maximum density permitted. The actual number of dwelling units constructed and associated population amount will vary with the development conditions and constraints for each project (access, availability of services, geotechnical and natural resource constraints, etc.). Tn addition, a density increase above the maximum density could be approved, up to the designated density limit for each residential land use category, if public improvements, public services, and /or financial contributions are provided that the City Council determines to be of substantial public benefit to the community, except that the overall number of homes in SP 11 (North Park Village and Nature Preserve Specific Plan) may not be increased above 1,680 without approval by the Moorpark electorate. As identified on Table 3, a combined total of up to 1-2,511 14,191 dwelling units could be constructed in the overall City of Moorpark planning area, based on maximum density estimates. The resulting build -out population for the Moorpark planning area would be approximately 34,280 38,883 persons, based on the County's 2.74 population dwelling unit factor for the year 2010. Note, however, that the resulting build -out for the Moorpark planning area would be approximately (a) 41,799 47,412 persons, based on the California Department of Finance Demographic Research Unit's "Ventura County Population and Housing Estimates" for Moorpark which average 3.341 persons per household for the year 1994 -1997 inclusive; or, (b) 40, 78S 46,262 persons, based on the "VCOG 2020 population Per Dwelling Unit Ratio Forecast" for the City of Moorpark (3.26 persons per dwelling unit). The Table 3 build -out figures were calculated using the smaller county -wide ratios and are considered a conservative population estimate for the City. 000�S7 North Park Ordinance Page 10 Additionally, the Environmental Impact Report prepared for this land use element and circulation element update of the Moorpark General Plan evaluates potential impacts on the service capabilities of relevant infrastructure systems (i.e., sewer, water, police, fire, etc.) associated with the land use designations proposed as a part of this update process. Environmental documents prepared for subsequent and proposed amendments to the General Plan evaluate the potential impacts of such amendments. SECTION 6.0 TABLE 3, LAND USE PLAN STATISTICAL SUMMARY: Pages 39 -40 of the Moorpark General Plan, Table 3, are amended to add the North Park Village and Nature Preserve Plan (SP 11) to the City's Land Use Designation, Unincorporated Area and Planning Area, to read as follows: 000-ILEB North Park Ordinance Page 11 TABLE 3 LAND USE PLAN - STATISTICAL SUMMARY LAND USE CITY UNINCORPORATED TOTAL PLANNING DESIGNATION AREA AREA AREA COMBINED RURAL 1 668 , 334 1,668 RL 1du /0 5 334 dui acres maximum) ac du ac RURAL HIGH 208 208 l: !; RH �;1 du /acre ____ - - -- 208 ac 208 du maximum) ac du LOW DENSITY 168 168 ! L I(1 du / acre ac du - - -- - - -- 168 ac 168 du! maximum) MEDIUM LOW DENSITY 568 1,136 1,1361! ML j I ( 2 du / acre ac du - - -- - - -- 568 ac du maximum) !MEDIUM DENSITY 1,174 4,696 1,174 4,6961 M (4 du / acre 1maximum) ac du - - -- ____ ac du HIGH DENSITY 343 2,401 i 2,401 H (7 du /acre ____ - - -- 343 ac maximum) ac du du VERY HIGH j 161 2,415 2,415 VH ;DENSITY (15 du / acre ac du - - -- - - -- 161 ac du 1 Maximum) ASP SPECIFIC PLAN* SP 1 LEVY 285 415 ____ ____ 285 ac 415 du ac du JBR 445 475 SP 2 du - - -- - - -- 445 ac 475 dui ac iSP 9 MUSD 25 ac 80 du - - -- - - -- 25 ac 80 du' I SP 10 SCHLEVE 71 ac ldu - - -- - - -- 71 ac 154 du NORTH 3,544 1,680 3,544 1,680! SP I1 PARK ac du ac du I NEIGHBORHOOD 'C -1 'COMMERCIAL 9 ac - - -- - - - -- i 9 ac (.25 FAR) GENERAL l C -2 COMMERCIAL ac - - -- 194 ac� (.25 FAR) U () 0�.8J North Park Ordinance Page 12 LAND USE CITY UNINCORPORATED TOTAL PLANNING DESIGNATION AREA AREA AREA COMBINED LIGHT 263 I -1 INDUSTRIAL - - -- - - -- - - -- 263 ac (1.38 FAR) ac MEDIUM 285 1 -2 INDUSTRIAL - - -- - - -- - - -- 285 ac ( . 38 FAR) ac AGRICULTURE 1 AG "I 1 du / 10 -40 45 ac 1 du - - -- - - -- 45 ac acres) I AGRICULTURE 2 AG2 (1 du / 40 - - -- - - -- - - -- - - -- acres j OPEN SPACE 1 OS1 1 du / 10 -40 16 ac 1 du - - -- - - -- 16 ac acres) E OPEN SPACE 2 1,oso8 OS2 I(1 du / 40 1,064 27 du - - -- - - -- 1,064 27 du acres) ac ac 357 S SCHOOL - - -- - - -- - - -- 357 ac ac 197 P PARK - - -- - - -- - - -- 197 ac ac U UTILITIES 47 ac - - -- - - -- - - -- 47 ac PUBLIC / PUB INSTITUTIONAL 16 ac - - -- - - -- - - -- 16 ac FRW FREEWAY/ Y 291 R/W RIGHT -OF -WAY - - -- 291 ac TOTAL DWELLING ��1T UNITS ** 12,511 1, 680 (At Build -out - du du 14,191 du Year 2010) TOTAL POPULATION * ** 34,289 (At Build -out - 34,280 4,521 Year 2010) 38,883 TOTAL CITY AREA ACRES (Approximate) 7,916 � ac TOTAL UNINCORPORATED AREA ACRES -a (Approximate) 3,528 ac TOTAL PLANNING AREA COMBINED -7—,91i (Approximate) 11,444 ac 000�.i0 North Park Ordinance Page 13 * Acreage for open space, schools, parks, commercial, highway right -of -way and any other appropriate land uses will be determined at time of specific plan approval. ** Residential Density calculations for specific plan areas are based on the maximum density. Section 5.2 of the Land Use Element allows the City Council to approve a density exceeding the maximum density up to an identified density limit, if public improvements, public services and /or financial contributions are provided that the City Council determines to be of substantial public benefit to the community, except that the density of SP 11 (North Park Village and Nature Preserve Plan) may not be changed without a vote of the )electorate of the City of Moorpark. * ** Based on 2.74 persons per dwelling unit. These numbers are reflective of the 1992 Land Use Element. For information on current) population projections, please refer to the North Park Village and Nature Preserve Specific Plan EIR. 00051 North Park Ordinance Page 14 EXHIBIT 4 PLANNING AREA LAND USE PLAN MAP: Amended to add SP 11 as depicted in Exhibit A2. SECTION 8.3 IMPLEMENTATION OF CURB, SUBSECTION A: Amended to clarify the proper exhibit order and name, as follows: A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of January 1, 1998, or as altered or modified pursuant to the Amendment Procedures set forth below. Graphie i=epresentatien eftat line —is—s atE�Erilit "z". The Moorpark CURB line is depicted in General Plan Exhibit S. SECTION 8.3 IMPLEMENTATION OF CURB: The Moorpark CURB line is amended to include the approximately 1,368 acre planned development portion of the North Park Village and Nature Preserve Specific Plan, as depicted in Exhibit B2 (reflecting the amended Planning Area Land Use Plan Map, Exhibit 4, City of Moorpark General Plan) and clarifying the proper General Plan Land Use Element exhibit order. CIRCULATION ELEMENT AMENDMENTS: The Circulation Element of the City of Moorpark General Plan is amended as follows: FIGURES 2, 3 and 4 City of Moorpark General Plan Circulation Element, Highway Network, Bikeway Element and Equestrian Trail Network, pages 19, 22 and 24 respectively are amended to delete the eastern extension of Broadway and to add a new separate roadway system comprised of a new interchange at SR 118 approximately 1 mile east of Collins Drive, a four -Lane arterial connecting SR -118 to Moorpark College and Specific Plan 11, and local collectors, as depicted in Exhibit C2. The bikeway exhibit is amended to reflect the new road system without altering the bikeway circulation plan, as depicted in Exhibit C2. The equestrian exhibit is amended to reflect the road system and move the north eastern -most equestrian trail eastward as depicted in Exhibit E2. 000.32 North Park Ordinance Page 15 SECTION 5.0 ROADWAY CIRCULATION PLAN, CIRCULATION SYSTEM: The last paragraph of page 20 of the Circulation Element of the Moorpark General Plan is amended to delete Broadway Road and to add a new roadway system providing direct access to Moorpark College, as read as follows: CIRCULATION SYSTEM The goals and policies included in the Circulation Element emphasize the need for a circulation system that is capable of serving both existing and future residents while preserving community values and character. The location, design and constituent modes of the circulation system have major impacts on air quality, noise, community appearance, and other elements of the environment. The highway network designated in the Circulation Element is illustrated in Figure 2, and indicates all of the designated freeways, six -lane arterials® four - lane arterials and rural collectors. In addition, a selected number of designated local collectors, which carry through traffic, are indicated on the map. Any permanent closure to through traffic or relocation of the designated arterials and collectors will require a General Plan Amendment. Highway facilities are shown within the current City limits as well as for the surrounding planning area that has been defined for the General Plan Update. Existing and potential future traffic signal locations within the City limits are also indicated on the highway network map, as are existing and potential at- grade and grade separated railroad crossing locations. Traffic signal warrants are satisfied for the locations shown here based on current traffic projections. Traffic signalization may be required at minor street and driveway locations not shown on the Circulation Element highway network map. A grade separated railroad crossing is shown only for the future SR -118 bypass arterial crossing. Grade separation is not considered feasible at the four existing railroad crossings (Gabbert Road, Moorpark Avenue, Spring Road and Los Angeles Avenue). The roadway network in the Circulation Element indicates a number of improvements with regard to the existing roadway system in the Moorpark planning area. 000_14L!9t3 North Park Ordinance Page 16 The following are the more important improvements that will need to be implemented: • Connection of the SR -118 and SR -23 freeways with new interchanges at Collins Drive and Princeton Avenue. • Provision of an east /west SR -118 arterial bypass from the SR -23 /SR -118 connector to Los Angeles Avenue west of Buttercreek Road, without a connection to Walnut Canyon Road, and recognition of a potential future SR -118 freeway extension west of the City limits. • Provision of a north /south SR -23 arterial bypass from the SR -23 /SR -118 connector to Broadway Road. • Extension of Spring Road north to the SR -23 arterial bypass. • Provision of a local collector system to serve circulation needs in the northwest portion of the City. Local collectors added to the existing circulation system include an extension of Casey Road to Gabbert Road, "C" Street between Grimes Canyon Road and the SR -23 arterial bypass and "D" Street between Princeton Avenue and the SR -23 arterial bypass. • Provision of a roadway system to serve circulation needs in the Carlsberg Specific Plan (Moorpark Highlands) area in the southeast portion of the City. Roadways added to the existing circulation system include an extension of Science Drive from New Los Angeles Avenue to Tierra Rejada Road, and an extension of Peach Hill Road to Science Drive. • Read- and the SR 118 freeway to serve - ---d, ti-- n-eeds --ef -pete al: agrieulttrra , epen spaee, er -r-ee re a t i-en l tees inure --p e r:r=i e n o f the planning area -- rertheaet ef :� Iie - -ei y 1=-- =t . In conjunction with the development of Specific Plan 11, provision of an interchange at SR -118 approximately one mile east of Collins Drive and a four -lane arterial with raised median 000:194 North Park Ordinance Page 17 connecting the SR -118 from this new interchange to Moorpark College and Specific Plan 11. OPEN SPACE, CONSERVATION AND RECREATION ELEMENT AMENDMENTS: The Open Space, Conservation and Recreation Element of the City of Moorpark General Plan is amended as follows: SECTION II OPEN SPACE, Subsection D: Existing Open Space Areas, Paragraph 2 Parks - Inventory of Existing and Proposed Facilities, page II -8 of the Open Space, Conservation and Recreation Element of the Moorpark General Plan is amended to read as follows: 2. Parks - Inventory of Proposed and Existing Facilities Type of size (in Status Name Facility acres) Location April 4, 1986* Community 4550 Tierra Arroyo Vista park 69'0 Rejada Rd. Existing Neighborhood South of L.A. Planned; Buttercreek 13.0 Avenue Adjacent Location park to Arroyo Simi Undecided Neighborhood L.A. Av. at Campus 2'S Existing Park Hartford Campus Canyon Neighborhood 6400 Harvard Park Park 2.5 Street Existing Community Neighborhood 799 Moorpark Center Park Park '5 Avenue Existing County Trail Neighborhood 11701 Park Park 8'0 Mountain Trail Existing Neighborhood Tierra Rejada Pending Glenwood Park 4.5 at Harvester Acceptance by Rd. City Glenwood Park Neighborhood 4.5 11800 Harvester Existing Park Street Greenbelt Within Tierra Agreement Open Space -- Rejada Valley Existing Area Griffin Park Neighborhood 5'0 15400 Campus Existing park Park Drive North of the City Regional 3,70 Boundaries, but Happy Camp Park 0 within proposed Moorpark's Area of Interest 000.95 North Park Ordinance Page 18 Q0014A.S6 Type of size (in Status Name Facility acres) Location April 4, 1986* Neighborhood 4530 Miller Miller Park 6'S Existing park Parkway Monte Vista Nature Park 5.0 Moorpark Rd. Acceptance Nature Park near Peach Hill Pending Community Moorpark Ave. Moorpark 4'5 Existing Center at Charles St. 39 Acres Currently Owned by City and South of Arroyo Mountain Community Leased for 69.0 Simi at Liberty Meadows #4 Park Farming; 30 Bell Rd. Acres Proposed for Dedication, July 1986 Mountain Neighborhood North of Tierra Design Approved Meadows N. park 8.0 Rejada Rd. by City Village Mountain South of Meadows S. Neighborhood extension of Village Park 8.0 Tierra Rejada Proposed Road Neighborhood Mountain West end of Meadows W. Park & 8.0 Peach Hill Design Approved Retention by City Village Drain Basin North Park Community Within Specific Community 27'3 Proposed* park Plan 11 Park North Park Neighborhood Within Specific Lakeside Park 9'3 Proposed * Park Plan 11 North Park Within Specific Nature Park Nature Park 4.5 proposed* Plan 11 North Park Nature Within Specific Nature Preserve 2160.0 Proposed* Plan 11 Preserve jPaul E. Neighborhood Campus Park Rd. Griffin Sr. Park 4.0 at College View Existing Neighborhood Peach Hill Rd. Peach Hill 10.0 and Christian Design Phase park Barrett Poindexter Neighborhood 500 Poindexter 7.5 Existing Park Park Ave. Q0014A.S6 North Park Ordinance Page 19 SECTION II, OPEN SPACE, Figure 3, Parks Areas: Figure 3, as amended, as shown on remove the developable portions of SP Village and Nature Preserve Plan) from classifications as shown on Figure 3. and Open Space Exhibit F2, to 11 (North Park the open space 000-113 12 Type of size (in Status Name Facility acres) Location April 4, 1986* South of Tierra Rejada Road and West of the Moorpark Regional Tierra Rejada Recreation 250- Freeway. Proposed Lake 300 Outside of City Area Boundaries, but within Moorpark °s Area of Interest Tierra Rejada Neighborhood 11900 Mountain 8'0 Existing Park Park Trail St. North of Campus Park Drive, Neighborhood Tract 3963 6.0 West of Proposed Park Moorpark College Villa Neighborhood 4704 Leta Yancy 5 Existing Campesina Park Road Virginia Neighborhood 14507 Condor 1'0 Existing Colony Park Park Drive Total 4092 15 6293.6 * North Park Village Parks status is as of 2005. SECTION II, OPEN SPACE, Figure 3, Parks Areas: Figure 3, as amended, as shown on remove the developable portions of SP Village and Nature Preserve Plan) from classifications as shown on Figure 3. and Open Space Exhibit F2, to 11 (North Park the open space 000-113 12 North Park Ordinance Page 20 MOORPARK GENERAL PLAN EXHIBITS Attached hereto are true and correct copies of the following exhibits /figures relating to the City of Moorpark General Plan; (a) Exhibit Al, (Existing Plan) Planning Area Land Use Map, City of Moorpark General Plan, Exhibit 4; (b) Exhibit A2, (Amendment) Planning Area Land Use Map, City of Moorpark General Plan; Exhibit 4; (c) Exhibit Bl, (Existing Plan) Moorpark City Urban Restriction Line, City of Moorpark General Plan; (d) Exhibit B2, (Amendment) Moorpark City Urban Restriction Line, City of Moorpark General Plan, Exhibit 5; (e) Exhibit Cl, (Existing Plan) City of Moorpark, General Plan Circulation Element, Highway Network, Figure 2; (f) Exhibit C2, (Amendment) City of Moorpark, General Plan Circulation Element, Highway Network, Figure 2; (g) Exhibit Dl, (Existing Plan) City of Moorpark, General Plan Circulation Element, Bikeway Element, Figure 3; (h) Exhibit D2, (Amendment) City of Moorpark, General Plan Circulation Element, Bikeway Element, Figure 3; (i) Exhibit E1, (Existing Plan) City of Moorpark, General Plan Circulation Element, Equestrian Trail Network; Figure 4; (�) Exhibit E2, (Amendment) City of Moorpark, General Plan Circulation Element, Equestrian Trail Network; Figure 4; (k) Exhibit Fl, (Existing P. Recreation Element, Parks of Moorpark, and Figure 3; (1) Exhibit F21 (Amendment) Recreation Element, Parks of Moorpark, Figure 3. _an) Open Space, Parks and and Open Space Areas, City Open Space, Parks and and Open space Areas, City 00-0-41. "_3 S North Park Ord. Exhibit A -1 (Existing Plan) Page 21 City of Moorpark General Plan Planning Area Land Use Map Exhibit 4 •'' Area of Interest ; a Mai;/ � .........................•'' ■ ■ ■ . ?3 0 ■ u ■ u ■ .'� 1 ■ ■ ■ ♦a ■ A ■ ♦r Current City Limits and —:_ _ •� -_� Sphere of Influence City of Moorpark (Refer to Exhibit 3 ■ for City Area Land Use Plan) ■ • -- ; NMh t City Boundary •• ■ n zsuo saa ■ '�. ....................i LEGEND / CURRENT CITY LIMITS AND SPHERE OF INFLUENCE ♦# AREA OF INTEREST VENTURA COUNTY LAND USE DESIGNATIONS FOR AREAS OUTSIDE THE CURRENT CITY LIMITS ® RURAL AGRICULTURE OPEN SPACE 5 ACRES MINIMUM Note: Please refer to the text of the Land Use Element for a description of the designated Specific Plan No. 8 area. (300.39 North Park Ord. Exhibit A -2 (Proposed Amendment) Page 22 City of Moorpark General Plan Planning Area Land Use Map LEGEND / CURRENT CITY LIMITS AND VENTURA COUNTY LAND USE DESIGNATIONS / SPHERE OF INFLUENCE FOR AREAS OUTSIDE THE CURRENT CITY LIMITS ♦ ♦• AREA OF INTEREST ® RURAL a OPEN SPACE SPECIFIC PLAN #11 BOUNDARY AGRICULTURE 1 5 ACRES MINIMUM Note: Please refer to the text of the Land Use Element for a description of the designated Specific Plan No. 8 area. 000® Exhibit 4 .• Area of Interest .•' ■ ■ ♦ • 1 1� t f. �� � ■ ♦ ■ ■ 434 Acres of Op Space a 62 Acres of Parks ■ 65 Acres of Public / Community Service ■ i 754 Acre Village (1,660 homes) i 67 Acre Lake Area .. Current City Limits and Sphere of Influence i r City of Moorpark L ■ .J ■ ■ ♦ ---� ; North --- _-- 1CityBoundary - -_ --- -_ ■ ■ ■ I1 25(MI i1NX1 ''• - - - - - - - - - - - - - - - - - - - - r LEGEND / CURRENT CITY LIMITS AND VENTURA COUNTY LAND USE DESIGNATIONS / SPHERE OF INFLUENCE FOR AREAS OUTSIDE THE CURRENT CITY LIMITS ♦ ♦• AREA OF INTEREST ® RURAL a OPEN SPACE SPECIFIC PLAN #11 BOUNDARY AGRICULTURE 1 5 ACRES MINIMUM Note: Please refer to the text of the Land Use Element for a description of the designated Specific Plan No. 8 area. 000® North Park Ord. Exhibit B -1 (Existing Plan) Page 23 Moorpark City Urban Restriction Boundary (CURB) City of Moorpark General Plan Exhibit 5 Area of Interest ■ �........... ■ ■ ■ 1 ■ ■ ■ ■ City Urban Restriction S Boundary (CURB) City of Moorpark ♦ ■ NMA City Boundary /• � 0 iv'W SWO .................... r LEGEND CITY URBAN /CURRENT RESTRICTION BOUNDARY ♦ ♦♦ AREA OF INTEREST North Park Ord. Exhibit B -2 (Proposed Amendment) Page 24 Moorpark City Urban Restriction Boundary (CURB) City of Moorpark General Plan Exhibit 5 Area of Interest ■ ■ ■ ■ S9 ?3 o SP #11 Boundary 1• ya ■ • u City Urban Restriction 4*10 Boundary (CURB) (proposed) ■ ♦.. •• I r� ■ A ■ ■ ■ J City Urban Restriction Boundary (CURB) (existing) City of Moorpark ■ • ■ Norlh ■ City Boundary ■ �♦ ■ n 5-1 zsw s� ■ ■ -- OWN ---------00♦♦ ■ samin/ ♦�� ■■■-.-----■---- ------ LEGEND /CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - EXISTING I I CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - PROPOSED I ,11 AREA OF INTEREST i .1 / Specific Plan #11 Boundary 0 00 0 North Park Ord. Exhibit C -1 (Existing Plan) Page 25 City of Moorpark General Plan Circulation Element, Highway Network Figure 2 — — CITY LIMIT BOUNDARY FREEWAY INTERCHANGE SIX -LANE ARTERIAL FOUR -LANE ARTERIAL R — RURAL COLLECTOR LEGEND LOCAL COLLECTOR ■ SIGNALIZED INTERSECTION E] AT -GRADE RR CROSSING ® GRADE SEPARATED RR CROSSING _ _ = SR -118 FREEWAY CORRIDOR 0 00�03 North Park Ord. Exhibit C -2 (Proposed Amendment) Page 26 City of Moorpark General Plan Circulation Element, Highway Network Figure 2 LEGEND ---- CITY LIMIT BOUNDARY LOCAL COLLECTOR FREEWAY ■ SIGNALIZED INTERSECTION INTERCHANGE ❑ AT -GRADE RR CROSSING SIX -LANE ARTERIAL ® GRADE SEPARATED RR CROSSING FOUR -LANE ARTERIAL = _ = SR -118 FREEWAY CORRIDOR — R — RURAL COLLECTOR -- - - Specific Plan #11 Boundary North Park Ord. Exhibit D -1 (Existing Plan) Page 27 City of Moorpark General Plan Circulation Element, Bikeway Element LEGEND CITY LIMIT BOUNDARY CLASS I BIKEWAY (BIKE PATH) A facility designed for exclusive use by bicycles and physically separated from vehicular traffic by a barrier, grade separation or open space. Cross -flows by vehicles and pedestrians allowed but minimized CLASS II BIKEWAY (BIKE LANE) A paved area of roadway designated for preferrential use of bicycles. Pavement markings and signage indicate the presence of a bike lane on the roadway. CLASS III BIKEWAY (BIKE ROUTE) A conventional street where bike routes are indicated by sign only. There are no special pavement walkways and bicycle traffic shares the roadway with motorized traffic. Only Class III facilities which connect the Moorpark sphere with the regional bikeway system are identified in the bikeway network. Roadways which are not designated with a Class II bikeway, but which serve as connections between Class II facilities or the regional bikeway system should be considered as Class III bikeways. North Park Ord. Exhibit D -2 (Proposed Amendment) Page 28 City of Moorpark General Plan Circulation Element, Bikeway Element Figure 3 BROADWAY fl a Z c C g7REET i og coel�, l ;� — / • e Dew �� �P ' MOUNTAIN /Egg4 REJA � L.. MEADOW - . -.. -. t City Boundary LEGEND — - - — CITY LIMIT BOUNDARY CLASS I BIKEWAY (BIKE PATH) A facility designed for exclusive use by bicycles and physically separated from vehicular traffic by a barrier, grade separation or open space. Cross -flows by vehicles and pedestrians allowed but minimized. CLASS II BIKEWAY (BIKE LANE) A paved area of roadway designated for preferrential use of bicycles. Pavement markings and signage indicate the presence of a bike lane on the roadway. SRI Is -1 I SIMI VALLEY FWY North A/11111 0 2500 5000 sale t. f I CLASS III BIKEWAY (BIKE ROUTE) A conventional street where bike routes are indicated by sign only. There are no special pavement walkways and bicycle traffic shares the roadway with motorized traffic. Only Class III facilities which connect the Moorpark sphere with the regional bikeway system are identified in the bikeway network. Roadways which are not designated with a Class II bikeway, but which serve as connections between Class II facilities or the regional bikeway system should be considered as Class III bikeways. SPECIFIC PLAN #11 BOUNDARY 0001 006 City of �•' Moorpark 8 • GPN�o�` _ � g�,r : 4p POINDEXTER GABSEAT PARK ROUTE LANE / IF - - - LOS ANGELES ' / 1 BUTTER ICREEK MOUNTAIN � TRAIL WALNUT CREEK YW I 1 I I og coel�, l ;� — / • e Dew �� �P ' MOUNTAIN /Egg4 REJA � L.. MEADOW - . -.. -. t City Boundary LEGEND — - - — CITY LIMIT BOUNDARY CLASS I BIKEWAY (BIKE PATH) A facility designed for exclusive use by bicycles and physically separated from vehicular traffic by a barrier, grade separation or open space. Cross -flows by vehicles and pedestrians allowed but minimized. CLASS II BIKEWAY (BIKE LANE) A paved area of roadway designated for preferrential use of bicycles. Pavement markings and signage indicate the presence of a bike lane on the roadway. SRI Is -1 I SIMI VALLEY FWY North A/11111 0 2500 5000 sale t. f I CLASS III BIKEWAY (BIKE ROUTE) A conventional street where bike routes are indicated by sign only. There are no special pavement walkways and bicycle traffic shares the roadway with motorized traffic. Only Class III facilities which connect the Moorpark sphere with the regional bikeway system are identified in the bikeway network. Roadways which are not designated with a Class II bikeway, but which serve as connections between Class II facilities or the regional bikeway system should be considered as Class III bikeways. SPECIFIC PLAN #11 BOUNDARY 0001 006 North Park Ord. Exhibit E -1 (Existing Plan) Page 29 City of Moorpark General Plan Circulation Element, Equestrian Trail Network Figure 4 ••••• EQUESTRIAN TRAILS — - - CITY LIMIT BOUNDARY 001 G1 ;`1 .Y7 SAS o < 3z ••••••r •.•..• • t •0000 00000000••••.•••0•.000 �;` • :• 0000 ROADWAY • R so 0 g000soo, ••• • i 9 , • 0 CSTREET 9 •00 • • � Cdlins D. w • / • •• o • •• — go 00 �qP —_ F • I • i City o a ••• CAMPUS PARK DR �, • • Moorpark 0 0 0• • SR 118 I Op1.0 POPO � • - _ . _ 0 0 a •. �• • • /. • T'p SIMI VALLEY FWY � GHIGH 0 to t OS / j 04" POINDE %TER <y Z_D • • • • • •• 4 9 / % rAEIIIERT •s•'! ROUTE LANE 0 n • I �P •ii I LOS ANGELES 0• / .O•••••••• 90,00 SC�Z , ICREEKR ,\ ,�6 • •000490IN HI RD. RAIL WALNUT ¢ PEACH I^ P CREEK E3pO P • • 7 •p �•G Q O WG: d pP CHRISTIAN 1 O BARRETT DR. TFAI •01O HTPIN TIEq / S9 MOUNTAIN /-• MEADOW Nq REJPOP L 2U North • _ 1 City Boundary a a 0 ZRK) SUMO LEGEND ••••• EQUESTRIAN TRAILS — - - CITY LIMIT BOUNDARY 001 G1 ;`1 .Y7 North Park Ord. Exhibit E -2 (Proposed Amendment) Page 30 City of Moorpark General Plan Circulation Element, Equestrian Trail Network Figure 4 ��3 SP #11 Boundary o •...••;'�' .....• -- • r • •. .419 •• ; «• • i i •.�i : ROADWAY i • I 0 0 1 1 ••••••g • • • a 0 • I 000 i • ,r� • • CSTREET � •• •• • �, QO= Od- ' / _ • • ••• • S� • City of CAMPUS ••� PARK DR �' Moorpark •• • I • • SR 118 SB • GpN'1� : • gQ.� J '��•'`.. -- SIMI VALLEY FWY C, HIGH _�P •R L� -� i • •• POINDEXTER < • 0. • I �OS< i '_• • EIDERT °¢ $ • 0000•• NOo / / % / • �! y ROUTE LANE g O • - - . �I F � S i • i _ _, LOS ANGELES •• / / • BUTTER 0000••• • �q SC 1�B • CREEK ••MOUNTAIN ••0000 0.000 TRAIL CREEK ¢ PEACH HILL RD. m \ pPESK 00�•tRY WOO S CHRISTIAN •� oN • pt � SA TT DR. �O a0 NTP1N tR TIE _ S9 L - MOUNTAIN RRq RE North MEADOW SADp ?y, : -City Boundary g • • 0 LSIXI 5w) :• • • Scale 100 LEGEND 0000• EQUESTRIAN TRAILS — - - CITY LIMIT BOUNDARY - - SPECIFIC PLAN #11 BOUNDARY 0 0C, { North Park Ord. Exhibit F -1 (Existing Plan) Page 31 City of Moorpark General Plan Open Space, Parks and Recreation Element, Parks and Open Space Areas Figure 3 • G .. � t 'iV:w.: •. .t. : ••• :.Y, f f 1nt T � ���irl r"7•..,+� 1 •y .4 - I a r. t t L 1 _ ... •9.�;L. �..,.. ,.; r, .:•r.. ..7 , , ter.: .;:fti:: Xr., . ®r •� : „�: ��: j Xf I . r' • i1 � ` fir. ' / � ? * /7 •� "°' � . ••' ` ' I . i :i!•'. .fir y��� • �' 1 t.` �''� •� e •C °�• 0 Cr tts �,, , • O °°Q OHO °p . \; .. ��. • •.ter _ r”! r� 'i' ' i �.' • . �.•!�. ° ° 0 p0° C>�� 0 2'p Mil. f+ + 1^ �i ' i. ;�4 '� )jr'�x�� O .•4. �° :te r t 7 ••F,• ,''�••.:ri .t•' •�, '•r', •.It r /i-.. •�.. :i1•. ...i'?rl. LEGEND EaArroyo Simi AG -1 10 -40 acres /DU �-� Area of Interest I (P) I City Park AG -2 ,'404 acres /0U r- • - - - -� City Limits and Sphere of Influence ©" F Moorpark College OS-1 10 -40 aerea /DU j--j - ReglonalPark ���� ---444 OS -2 40 «acres /DU Rural Low- Denslty 0C) ()� 0 q V North Park Ord. Exhibit F -2 (Proposed Amendment) Page 32 City of Moorpark General Plan Open Space, Parks and Recreation Element, Parks and Open Space Areas Exhibit 5 M r i / LEGEND Arroyo Simi �-oo I (P) I i City Park ©� Moorpark College Regional Park - pp--� }� /� Rural Low - Density AO -1 10 -40 acres /DU AG-2.,140+ acres /DU I•.•.'••,'.'•i OS -1 10 -40 acres /DU T77 OS -2 40* acres /DU Nature Preserve (0 DU /Acres) F• ; :o .Y /y wd.y �:\ r / T n }+--- ----L� Area of Interest i---i City Limits and Sphere of Influence 000021 10 North Park Ordinance Page 33 EXHIBIT B Specific Plan 2001 -01 Issued Under Separate Cover to be Inserted Upon Adoption of Election Resolution 0000,4211 North Park Ordinance Page 215 EXHIBIT C ZONE CHANGE NO. 2001 -02 Zoning Map Amendment: The Zoning Map is amended by designating the land encompassed by Specific Plan No 2001 -01 (not including off -site improvements) to be in the "Specific Plan (SP)" Zone. Zoning Text Amendment: Chapter 17.70 is added to the Moorpark Municipal Code as follows: Chapter 17.70 SPECIFIC PLAN NO. 2001 -01 NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC PLAN Sections: 17.70.010 Purpose and Intent 17.70.020 Definitions 17.70.030 General Provisions 17,70.040 Residential Development Regulations: Residential (R) Designation 17.70.045 Residential Development Regulations: Residential 10.6 (PA -9) Designation 17.70.050 Mixed Use Development Regulations: Neighborhood Center (NC) Designation 17.70.060 Public /Quasi - Public Use Regulations (PQ) Designation 17.70.065 School Development Regulations: School (S) Designation 17.70.070 Park and Recreation: Park (P) Designation 17.70.075 Lake: Lake (L) Designation 17.70.080 Open Space (OS) Designation 17.70.085 Nature Preserve (NP) Designation 17.70.090 Sign Regulations 17.70.100 Parking Regulations 17.70.010 Purpose and Intent The development standards or regulations contained herein have been established to provide criteria for the development of the planning areas within Specific Plan 2001 -01 and are intended to be adopted as a new chapter in Title 17, Zoning, of the City of Moorpark Municipal Code. Implementation of the regulations set forth in this chapter is intended to ensure that all development is coordinated and consistent with the goals and policies of the City's General Plan. 00012111020 North Park Ordinance Page 216 The following regulations provide for the arrangement, development and use of residential, community center, public and community service facilities, park and recreation, open space and nature preserve zoned areas within the Specific Plan area, while ensuring substantial compliance with the intent and provisions of the City's General Plan and ordinances. Application of these regulations is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses and protect the health, safety and general welfare of the community. Certain development requirements generally are included as conditions of approval for subdivisions and development permits and may not be contained in the development regulations for Specific Plan 2001 -01 or in the City's Municipal Code and Subdivision Ordinance. Such development requirements may include, but are not limited to: On -site lighting, front yard landscaping; bus shelters; quantities and sizing of trees and shrubs, general review /approval of landscaping and irrigation plans, review and approval of conditions, covenants and restrictions; requirements for homeowner property associations, rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights- of -way; and concrete driveways. To protect the residents of Moorpark, the City may, at its discretion, condition any subdivision and /or development permit on all such matters. 17.70.020 Definitions Words and terms used in the Specific Plan 2001 -01 development standards or regulations shall have the same definitions as given in the City of Moorpark Municipal Code, including Title 17, Zoning. 17.70.030 General Provisions These development standards or regulations regulate all development within the Specific Plan 2001 -01 area. The following general provisions apply to all zone districts within the Specific Plan 2001 -01 area A. The City Municipal Code as it may be amended shall regulate development in the Specific Plan 2001 -01 area, except as modified by the regulations contained herein. In such cases where the Specific Plan 2001 -01 development regulations conflict with those in other Chapters of Title 17 of the City Municipal Code, the Specific Plan 2001 -01 development standards shall apply. Any future amendments to the City Municipal Code, which are not addressed by Specific Plan 2001 -01, shall also apply to the Specific Plan area, as applicable. The establishment and Q () ©III North Park Ordinance Page 217 changes of the zone district classification on land in the Specific Plan area shall be as described in this Chapter and shall be adopted by an ordinance amending the City zoning map. The zone districts for Specific Plan 2001 -01 shall be consistent with the Land Use Map, Exhibit 4 of Specific Plan 2001 -01. B. All land -use entitlements and permits issued within the Specific Plan 2001 -01 area shall be consistent with the Specific Plan and the City's General Plan, and Development Agreement 2005 -01. C. Because it is not feasible to compose legislative language which encompasses all conceivable land use situations, the Community Development Director shall have the authority to interpret the standards or regulations contained in this Specific Plan, but only when such interpretation is necessitated by a lack of specificity in such regulations or standards. D. Procedures for the processing of land -use entitlement for Specific Plan 2001 -01, including permits and variances, shall be the same as defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code. 17.70.040 Residential Development Regulations: Residential (R) Designation The purpose of the Residential (R) Designation is to allow single family detached homes on moderate sized lots. A density of no more than four (4) dwelling units per gross acre is permitted in this zone. Development of homes in this zone shall be subject to a City- Council approved Residential planned Development Permit, with conditions of approval, including the maximum size of homes in this zone, determined through this process. Any conditions would be addition to the applicable provisions of this Specific Plan, the Zoning Ordinance, and Development Agreement No. 2005 -01. Except as provided in this section, the standards of the City of Moorpark's R -P -D Zone at the time of submittal of a complete application for a Residential Planned Development Permit shall apply except. multifamily and two- family dwellings are not permitted uses. A. Permitted Uses: For purposes of this Specific Plan, the list of permitted uses, planned development, administrative, and conditional uses as defined in Chapter 17.20 for the R -P -D zone shall apply to the Residential (R) Designation, except that multifamily and two - family dwellings are not permitted in the Residential (R) designation. B. Site Development Standards. 1. Minimum lot area shall be 7,000 square feet. 0G, 0 14 North Park Ordinance Page 218 2. Minimum property line setbacks for all structures shall be as set forth in Chapter 17.36.030 (B) 3 for single family residences. 3. Maximum heights for all structures shall be as set forth in Chapter 17.36.030 (B) 4. 4. All fences and walls shall comply with the provisions of City Codes, except that screen walls may be built to a maximum height as required by a City approved noise study. S. Parking shall comply with Chapter 17.32 of the City of Moorpark Zoning Code. 17.70.045 Residential Development Regulations: Residential 10.6 (PA -9) Designation The purpose of the Residential 10.6 (PA -9) Designation is to allow residential development to satisfy the requirements for affordable for -sale housing in Section 6.11 of Development Agreement No. 2005 -01. A density of up to 10.6 dwelling units per gross acre is permitted in this zone. Application of this designation is limited to PA -9 in the Moorpark North Park Specific Plan. Development of homes in this zone shall be subject to a City Council - approved Residential Planned Development Permit, with conditions of approval, including the maximum size of homes in this zone, determined through this process. Any conditions would be in addition to the applicable provisions of this Specific Plan, the Zoning Ordinance, Development Agreement No. 2005 -01 and any Purchase and Sale Agreement applicable to these homes. Except as provided in this section, the standards of the City of Moorpark's R -P -D Zone at the time of submittal of a complete application for a Residential Planned Development Permit shall apply, except for minimum house size, which shall be determined by Development Agreement No. 2005 -01. A. Permitted Uses: For purposes of this Specific Plan, the list of permitted uses, planned development, administrative, and conditional uses as defined in Chapter 17.20 for the R -P -D zone shall apply to the Residential R -10.6 (PA -9) Designation. B. Site Development Standards. 1. Minimum lot area shall be as specified by permit; maximum density 10.6 dwelling units per gross acre. 2. Minimum residential building setbacks shall be as follows: 20 feet from a public or private street to residential building; side yard setback: as specified in permit; and rear setback 15 feet. Cornices, canopies, chimneys, eaves or other similar architectural features may extend into the required yards as allowed by Chapter 17.24. The minimum distance between residential buildings shall be 10 feet. 00 () 4P21; 5 North Park Ordinance Page 219 3. Minimum building setbacks for accessory structures shall be as allowed in Chapter 17.24. 4. Maximum building height shall be 35 feet or three stories for residential buildings and 15 feet for any accessory structures. 5. All fences and walls shall comply with the provisions of Moorpark Municipal Code, except that screen walls may be built to a maximum height as required by a City approved noise study. 6. Parking shall comply with Chapter 17.32 of the City of Moorpark Zoning Code. 17.70.050 Mixed Use Development Regulations: Neighborhood Center (NC) Designation Within the Specific Plan area, an approximately 5.0 to 6.5- acre Neighborhood Center site has been incorporated into the land -use plan to encourage development of an attractive, innovative and efficient mixed use center focusing on neighborhood serving retail shops, restaurants and recreational opportunities afforded by the center lake and park side location and affordable senior apartments complementing these uses. Development of all commercial and residential uses in this zone shall be subject to a City- Council approved Commercial Planned Development Permit or Residential Planned Development Permit and Conditional Use Permit, with conditions of approval, including the maximum floor -area ratio for commercial uses and the maximum size of housing units in this zone, determined through this process. Any conditions shall be in addition to the applicable provisions of this Specific Plan, the Zoning Ordinance, and Development Agreement No. 2005 -01. A. Permitted Uses: For purposes of this Specific Plan, the list of permitted uses, administrative and conditional uses, as defined for the C -P -D zone in Chapter 17.20 of the Moorpark Municipal Code, shall apply. For this purposes of determining the appropriate permit processes for commercial uses in this zone the NC is deemed to be a residential zone. Mixed -use development with residential above or adjacent to commercial is also permitted with a Conditional Use Permit. B. Site Development Standards. For purposes of this Specific Plan, the NC Zone development standards shall be consistent with the CPD Zone requirements, except as modified below. 1. Building setbacks from adjacent residential zones shall be 15 feet. All building setbacks from the street right - of -way shall be consistent with the City of Moorpark Zoning Code. 00040-Z-16. 6 North Park Ordinance Page 220 2. Maximum height of structures shall be 35 feet (as averaged from adjacent grade to the top of structure). Maximum height may be increased up to 60 feet with a Planned Development Permit approved by the City Council. 3. Fences and walls shall comply with the provisions of the City of Moorpark Zoning Code. 4. Exterior lighting for all commercial and mixed -use parking areas shall consist of decorative low - profile lighting fixtures not to exceed a height of 20 feet. All other provisions of Chapter 17.30 shall apply. 5. All loading shall be performed on the individual commercial site. Unless otherwise specified in an individual project's conditions, loading area(s) shall be provided adjacent to any proposed buildings. The loading /service area(s) shall be screened from public view by walls and landscaping unless obscured by a building or slope area. The location and design shall be subject to the review of the City, and shall otherwise comply with the provisions contained in Section 17.32.090 of the Moorpark Municipal Code. 6. All storage, including cartons, containers or trash, shall be shielded from view by containment within a building or in an area enclosed by a wall. 7. Screening shall be installed and maintained subject to the following. All building mechanical equipment shall be screened from view except where necessary for safety reasons. An opaque screen shall be installed along all exterior boundaries, other than streets, where the commercial and /or mixed -use parcel abuts areas designated for residential use. Said screen shall consist of a solid wood or masonry wail or fence, earthen berm, or dense evergreen plant material, or a combination thereof, and have a total height of not less than 6 feet. Screening for commercial uses within the Specific Plan shall be in compliance with Section 17.24.090.0 (Sight Triangle) and Section 17.24.090.E (Sight Distance) of the Moorpark Municipal Code. 8. Total enclosed space (gross floor area) for commercial or retail use on all lots in the Neighborhood Center designation shall not exceed 70,000 sq. ft. 9. Parking standards for commercial and residential uses in the Neighborhood Center shall be determined through the Conditional Use Permit process. 17.70.060 Public /Quasi - Public Use Regulations (PQ) Designation The purpose of these standards or regulations is to allow for daycare, churches and nonprofit organization buildings and fire stations. 000� :17 North Park Ordinance Page 221 A. Permitted Uses: For purposes of this Specific Plan, the permitted uses are daycare, churches and nonprofit organization buildings, fire stations and related ancillary uses, subject to a City Council approved planned development permit as defined in Chapter 17.44 of the Moorpark Municipal Code. B. Site Development Standards. 1. A minimum landscape coverage of 100 of the overall lot area is required pursuant to Chapter 17.32.100 of the Moorpark Municipal Code. Other landscaping criteria for the public and community service areas of the Specific Plan shall comply with this section of the Moorpark Municipal Code. 2. Front and side setbacks from arterial streets shall be 20 feet and 10 feet respectively. Front and side setbacks from collector residential and loop streets shall be 10 feet. Setbacks from adjacent residential zones shall be 15 feet. Said setbacks shall be landscaped, except for walkways and front -to- back driveways, and shall not be used for parking area aisles or parking. 3. Maximum height of structures shall be 35 feet (as averaged from adjacent grade to the top of structure). 4. All fences and walls shall comply with the provisions of the City of Moorpark Zoning Code, except that screen walls may be built to a height as may be required by a City approved noise study. S. Off - street parking shall comply with Chapter 17.32 of the Moorpark Zoning Code. 17.70.065 School Development Regulations: School (S) Designation It is the intent of this section to provide for the use and development of public school sites within the Specific Plan. The regulations herein are intended to promote public educational and associated recreational facilities and uses. A. Permitted Uses: For purposes of this Specific Plan, the permitted use shall be non - boarding schools, as defined in Chapter 17.08 Moorpark Municipal Code ( "schools, boarding or non - boarding ") and associated recreational facilities such as ball fields, outdoor courts, etc. 17.70.070 Park and Recreation: Park (P) Designation It is the intent of this section to provide for the appropriate use of the parks within the Specific Plan. The regulations contained herein are intended to promote active and passive activities that accommodate access and use, while still enhancing, the natural value of the open space areas. 0001.: X1.8 North Park Ordinance Page 222 A. Permitted Uses: For purposes of this Specific Plan, the following uses are permitted: Community centers, gymnasiums, athletic fields, parks, park buildings, tennis facilities, basketball /volleyball courts, swimming and aquatic facilities, tot lots, picnic tables, barbecue facilities, walking trails, temporary outdoor club projects, temporary outdoor festivals, government buildings including fire stations, parking lots and viewing areas. The City Council may expand the list of permitted uses within the Park (P) designation for other related uses. 17.70.075 Lake: It is the appropriate use regulations cont passive aquatic area. Lake (L) Designation intent of this section to provide for the of the lake within the Specific Plan. The ained herein are intended to promote active and oriented uses within the lake and lake buffer A. Permitted Uses: Permitted uses within the lake and lake buffer areas include a recreation lake, boating and fishing. Boating is limited to boats powered manually, electrically or by sail. No commercial advertising is permitted on any vessel. Docks for fishing and recreation are permitted as are areas for picnicking, hiking, walking, biking, beach sports and recreation. Swimming, wading and scuba diving are prohibited. All uses, conditions and restrictions are subject to, City Council approval planned development pursuant as defined in Chapter 17.44 of the Moorpark Municipal Code. 17.70.080 Open Space (OS) Designation It is the intent of this section to regulate the appropriate use of the open space lands within the Specific Plan which may be temporarily disturbed by the development process and /or require vegetation management for fuel modification to minimize fire hazards. The regulations contained herein are intended to promote appropriate management and enhancement of open areas buffering the Nature Preserve from developed areas. A. Permitted Uses: Permitted uses within this designation are limited to the following: Education, management, revegetation, restoration and enhancement, landscaping, plant fuel modification /brush management, temporary geologic drilling (testing only), hiking trails, public facilities, utilities (wireless communication cell sites are prohibited) and grading consistent with and necessary to serve permitted uses within the Specific Plan, including but not limited to water tanks, water, sewer and recycled water and transmission lines, drainage facilities (including detention and siltation facilities) and 00021119 North Park Ordinance Page 223 public and private roads. Each of these uses is subject to zoning clearance, planned development permit, conditional use permit or administrative permit requirement for that use pursuant to Municipal Code Section 17.20.050. 17.70.085 Nature Preserve (NP) Designation The purpose of this section to provide standards to encourage the appropriate use of the undisturbed natural preserve lands within the Specific Plan. The regulations contained herein are intended to promote the preservation, management and enhancement of sensitive natural resources. The size and configuration of the Nature Preserve and the size of the open space cannot be changed without a vote of the electorate of the City of Moorpark. A. Conditionally- Permitted Uses: The following uses within the Nature Preserve designation require a Conditional Use Permit: Astronomical observatories, fire - suppression helispots, and water storage facilities. 17.70.090 Sign Regulations The purpose of this section is to set standards for the use of signs that are compatible with the community character of North Park. These sign regulations will ensure that signage consists of materials, forms, colors, and type styles that complement architectural and landscape features in the community. The signage program will be designed to effectively direct persons to various locations and activities throughout the community, reducing potential traffic and safety hazards to motorists and pedestrians. The provisions of the City of Moorpark Zoning Code, Chapter 17.40, Sign Requirements shall apply, except as modified herein. For the purposes of this Specific Plan, the definition section contained in Chapter 17.40, Sign Definitions of the Moorpark Zoning Code, shall apply. A master sign program for the entire community shall be submitted for review and approval as a part of the Planned Development Permit process. The master sign program shall address temporary and permanent signs in all land use designations except the Neighborhood Center. A site specific sign program for the Neighborhood Center shall be included in the Planned Development Permit approval for that site. The sign requirements of the master sign program will then supersede the provisions of this chapter and Chapter 17.40 of the Moorpark Zoning Code. 0 Q �A© North Park Ordinance Page 224 17.70.100 Parking Regulations For purposes of this Specific Plan, required off - street parking for residential, commercial, public /quasi - public and park uses shall comply with the provisions contained in Chapter 17.32 of the Moorpark Zoning Code, unless otherwise noted in this document. Parking requirements for uses that may occur in the Specific Plan that are not specifically listed in the Parking Code shall be provided in the quantities specified by the Community Development Director, based on the requirements for the most comparable use specified therein. 0002 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 DRAFT 9/14/05 EXHIBIT D DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND North Park Village LP for Specific Plan No. 2001 -01 (North Park) r4 �. S: \City Manager \Everyone \Agreements \North Park Dev Agr 0517 2005.DOC THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF THE EFFECTIVE DATE AS DEFINED HEREIN PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into as of the Effective Date, as defined in Section 19 herein, by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and NORTH PARK VILLAGE L.P., a California limited partnership, with a legal and equitable interest in real property within the City generally referred to as Specific Plan No. 2001 -01 (referred to hereinafter individually as "Developer "). The City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code Chapter 15.40, the City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement, the City Council certified the Final Program Environmental Impact Report, adopted findings in support thereof, approved a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures contained in the Final Program EIR, and adopted a Statement of Overriding Considerations (EIR). The EIR constitutes the required CEQA review for General Plan Amendment No. 2001 -05 ("GPA 2001 -05 "), Specific Plan No. 2001 -01 (SP 2001 -01), as more specifically described in Exhibit "A" attached hereto and incorporated herein, and Zone Change No. 2001 -02 ( "ZC 2001 -0211) as well as for this Agreement. 1.3. GPA 2001 -05, SP 2001 -01, and ZC 2001 -02, (collectively "the Project Approvals "; individually "a Project Approval ") provide for development of the Specific Plan as a master planned community and construction of -2- 0 00: 10!3 certain off -site improvements in connection therewith (collectively "the Project "). 1.4. By this Agreement, the City desires to obtain the binding agreement of Developer to develop the Specific Plan in accordance with the Project Approvals and this Agreement. In consideration thereof, the City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.5. By this Agreement, Developer desires to obtain the binding agreement of the City to permit the development of the Specific Plan 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. 1.6. The City and Developer acknowledge and agree that the consideration to be exchanged pursuant to this Agreement is fair, just, and reasonable and that this Agreement is consistent with the City's General Plan, as amended by GPA 2001 -05. 1.7. On May 23, 2005, the Planning Commission of the City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing recommended approval of the Agreement. 1.8. On June 1, 2005, the City Council commenced a duly noticed public hearing on this Agreement. Following the conclusion of the hearing, the City Council adopted Resolutions Nos. , which called a special election to submit approval of an Ordinance approving the Project Approvals and this Agreement to the qualified voters of the City of Moorpark ( "the Enabling Ordinance "). 1.9 On , the qualified voters of the City of Moorpark, at a special election called therefore, approved the Enabling Ordinance, which, among other things, required the City and Developer to undertake all necessary activities for the annexation of the property within SP 2001 -01 into the City of Moorpark. Said annexation was deemed complete and effective on 2006, and pursuant to section 19 herein, -3- 0 00224 this Agreement is deemed Effective as of that same date. 2. Property Subject To This Agreement. All of the real property owned by the Developer and within the boundaries of SP 2001 -01 (approximately 3,535.2 acres), shall be subject to this Agreement ( "Property "). The Property may also be referred to hereinafter as "the Project ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Property that has been fully developed in accordance with the Project Approvals and this Agreement, provided that all fees required to be paid in connection with the development of such lot have been paid and provided further that the payee of such fees had not paid such fees under protest. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title, or interest in or to any portion of the Property in which a Developer has a legal or equitable interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title, or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any of Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer: (i) was not in breach of this Agreement at the time of the sale or transfer: and (ii) prior to the sale or transfer, deliver to the City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify, or otherwise affect the liability of the purchaser or transferee pursuant to this -4- 0000225 Agreement. Nothing contained herein shall be deemed to grant to the City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. In the event of a partial assignment or transfer, the assumption agreement referenced above shall include provisions acceptable to the City to ensure that the phased construction of affordable housing units contemplated by subsection 6.11. is achieved and the requirements and obligations of each successor are consistent with the applicable provisions of the Implementation Plan, regardless of the identity or number of developers of the Project. 3.3 Notwithstanding any other provision of this Agreement: a. When any individual residential lot has been finally subdivided and sold or leased to a member of the public or any other ultimate user, and final inspection has occurred for the building(s) on the lot, or, in the event of commercial property, when all allowed building for any lot has been built and a certificate of occupancy issued therefore, that lot and its owner shall have no further obligations under and shall be released from this Agreement, provided that all fees required to be paid in connection with the development of such lot have been paid and provided further that the payee of such fees had not paid such fees under protest. b. Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners' association, property owners' association, or public or quasi - public entity, that lot, parcel, or property and its owner shall have no further obligations under and shall be released from this Agreement, provided that all fees required to be paid in connection with the development of such lot have been paid and provided further that the payee of such fees had not paid such fees under protest. No formal action by the City is required to effect this release, but, upon Owner's request, City shall sign an estoppel certificate or other document to evidence the release provided that no Developer is in default under this Agreement. 4. Development of the Property. The following provisions shall govern the subdivision, development, and use of the Property. 5. 4.1. Permitted Uses. permitted uses those that are this Agreement. The permitted and of the Property shall allowed by the Project conditionally be limited to Approvals and 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 the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation, the Uniform Administrative Code, any applicable federal or state building requirements (collectively "the Building Codes ") in effect at the time the building plans are submitted for first plan check. 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property shall be as set forth in the Project Approvals, Subsequent Approvals and this Agreement. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later - adopted initiative restricting the rate of development to prevail against the parties' agreement. The City and Developer intend to avoid the result in Pardee by acknowledging and providing that 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. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing -6- 000027 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 the City's right to ensure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2. Developer Consent to 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 (excluding building 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 residential and commercial 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 Property (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. 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 the City (collectively "City Laws "), except City Laws that: -7- 0 0®228 (a) change any permitted or conditionally permitted uses of the Property from that allowed by the Project Approvals, and this Agreement; (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 that allowed by the Project Approvals and this Agreement. (c) limit or control the rate, timing, phasing, or sequencing of the approval, development, or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than twenty percent (20 %), including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within all approved planning areas of SP 2001 -01; or (g) modify the land use from that permitted by the Project Approvals and the City's General Plan Land Use Element or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the provisions of Government Code Section 66452.6 or the fact that the final map may be filed in phases. Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the -8- 000 229 tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of the City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map or subdivision improvement or other agreements relating to the Project, shall be one (1) year, provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with the City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by the City's Building Inspector prior to the expiration of that Approval. It is understood by the City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Consistent with Section 15 herein, Developer shall have the right, during the term of this Agreement and at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to the 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 except as otherwise provided in Section 15 herein. 5.6. Issuance of Building Permits. No building permit, final inspection, or certificate of occupancy will be unreasonably withheld 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 building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals, and this Agreement have been satisfied. Consistent with subsection 5.1 of this Agreement, in no event shall building permits be -9- 00004 30 allocated on any annual numerical basis or on any allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent the City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations; and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity, or natural gas. 6. Developer Agreements. 6.1. Developer shall comply with (i) this 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 and any subsequent or supplemental actions. 6.2. All lands and interests in land dedicated to the 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 the City. 6.3. As a condition of the issuance of a building permit for each residential and commercial use within the boundaries of the Property, Developer shall pay the City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by the City in its sole and unfettered discretion. On the Effective Date of this Agreement, the amount of the Development Fee shall be Eight Thousand, Eight Hundred, Ninety -Five Dollars ($8,895.00) per residential unit and Forty Thousand, Twenty -Eight Dollars ($40,028.00) per gross acre of commercial land on which the use is located. The fee for both residential and commercial uses shall be adjusted annually commencing one (1) year after the first residential building permit is issued within the Project 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 -10- 000 031 by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the first residential building permit is issued within the Project (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the CPI referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. 6.4. As a condition of the issuance of a building permit for each residential and commercial use within the boundaries of SP 2001 -01, Developer shall pay the City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the date this Agreement is approved by the City Council, the amount of the Citywide Traffic Fee shall be Five Thousand, Seventy -Five Dollars ($5,075.00) per market -rate residential unit, and Twenty -Two Thousand, Eight Hundred, Thirty -Eight Dollars ($22,838.00) per acre of commercial land on which the use is located. Commencing on January 1, 2006, and annually thereafter, both categories of the Citywide Traffic Fee shall be increased to reflect the change in the Caltrans Highway 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 referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the Caltrans Highway Bid Price Index referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same -11- 0 0 ®e32 result as would otherwise have been obtained if the Bid Price Index had not been discontinued or revised. 6.5. As a condition of issuance of a building permit for each residential and commercial use within the boundaries of SP 2001 -01, Developer shall pay the City a community services fee as described herein (Community Services Fee) . The Community Services Fee may be expended by the City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Two Thousand, Two Hundred, Thirty -Three Dollars ($2,233.00) per residential unit and Seven Thousand, Seventy Dollars ($7,070.00) per gross acre of commercial land on which the commercial use is located. Commencing on January 1, 2008, and annually thereafter, the Community Services Fee for both residential and commercial uses shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Services Fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of August over the prior month of August. In the event there is a decrease in the CPI for any annual indexing, the Community Services Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the CPI referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. 6.6. Upon the execution of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, Project Approvals, SP 2001 -01, and EIR. 6.7. within the boundaries of t dedicate, at its sole cost thirty -nine (39) acres of shown as public parks in SP and approximately four and nature park as shown in SP sole cost and expense, but h e Property, Developer shall and expense, the approximate park land to the City as 2001 -01 for PA -10 and PA -37 one -half (4 -1/2) acres for a 2001 -01 for PA -11. At its subject to the limitations -12- 000 #203 set forth in this subsection, Developer shall make improvements to the park land dedicated pursuant to this subsection and shall provide maintenance of the land and improvements as provided for in this subsection. At the City's sole discretion, the park site improvements shall include, but not be limited to, one or more of any of the following items or other improvements: A. Softball and /or baseball fields including backstops, foul line and outfield chain link fencing, fenced dugouts with concrete floors, solid roof, with lighting for one (1) or more fields if desired by the City; B. Regulation soccer fields, (225 feet wide and 360 feet long with no obstructions) that do not overlap onto the softball /baseball field areas, except as approved by the City Council, and two (2) semi - permanent goals with lighting for one (1) or more fields if desired by the City; C. Lighted tennis courts; D. Lighted full court basketball courts; E. Children's play equipment /apparatus and tot lots; F. Concrete block restroom structure with a concession facility with tile roof designed consistent with applicable health codes to allow the sale of prepared foods; G. Picnic shelter with solid roof and matching tile to the restroom structure; H. Off - street parking with standard sized parking spaces; I. Skate facility; J. Swimming pools which could include recreational and competitive uses with deck, fencing, restroom, and shower /locker facility; K. Gymnasium and recreation center with an office, meeting rooms, bleachers, and restrooms /locker facilities. Size of the basketball court shall be consistent with the court at Arroyo Vista -13- 00Or'�20'34 Recreation Center and the gymnasium shall be designed to accommodate two (2) volleyball courts that meet CIF regulation dimensions; L. Village Stage; and M. Typical landscape and hardscape facilities and related amenities for community and neighborhood parks, including but not limited to turf grass, trees, shrubs, concrete sidewalks and curbing, underground drainage, security lighting, tables, benches, fencing, trash receptacles, bike racks, barbecues and signage. Developer agrees to provide Nine Million, Seven Hundred Fifty Thousand Dollars ($9,750,000.00) for construction of park improvements for PA -10 and PA -37 and Five Hundred Thousand Dollars ($500,000.00) for PA -11, collectively referred to as Park Improvement Costs. Said amounts shall not include any overhead, administrative, or similar costs, or profit by Developer or any Developer- affiliated entity. In addition, Developer shall be responsible for the following costs which are not a part of the Park Improvement Costs: utility stub outs (domestic water, recycled water, electrical, gas, sewer, storm drains, cable television, telephone, and fiber optics) at locations as determined by the City Manager or his /her designee, rough and final grading, drainage, adjacent street improvements, professional services for the design of the park and related improvements, City costs for plan check, inspection, and maintenance including fifteen percent (150) City overhead on any contract services until the park improvements are accepted by the City and the swim lagoon which Developer is obligated to construct as part of the lake. Commencing January 1, 2007 and annually thereafter, the amount of Park Improvement Costs shall be increased to reflect the change in the Price Index that includes park and building construction for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year (annual indexing). In the event there is a decrease in the CPI for any annual indexing, it shall remain at its then current amount until such time as the next subsequent annual indexing, which results in an increase. In the event the Price Index referred to above in this subsection is discontinued or revised, such successor -14- U0fl035 index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Price Index had not been discontinued or revised. Final design, plans, and specifications shall be as approved by the City Council, including applicable handicapped requirements, and shall include, but not be limited to, grading, street improvements, drainage, hardscape (walkways, bike paths, etc.), landscape (trees, shrubs, groundcover, and turf), security lighting for the park and parking lot, and miscellaneous amenities in quantities as determined necessary by the City Manager or his /her designee (tot lot and park perimeter fencing, drinking fountains, trash receptacles, trash bin enclosures, bike racks, barbecues, picnic tables, pay phones, identification monument signs, and other signage, etc.). The maximum average cross slope for the entire park site exclusive of City Council approved slope areas as depicted in SP 2001 -01 shall be two percent (2 %) with the intent that the maximum amount of land possible be utilized for park improvements included in this subsection. This cross slope standard may be amended based upon approval by the City Council of a specific park design. The improvement plans and specifications shall be similar to those improvements constructed at other City parks as determined by the City Council at its sole discretion. If the park is allowed to be rough graded prior to installation of improvements, it shall be hydroseeded and provided with other appropriate means of erosion control. At its sole cost and expense, Developer shall: (i) design the park improvements and submit conceptual plans for City Council approval; (ii) prepare final design, plans, and specifications and submit the same to the City Council for approval; (iii) submit the approved final plans and specifications to the City for plan check along with appropriate fees; and (iv) pay the City for inspection of the construction. The Community Park site (PA -10) shall be dedicated to the City improved and available (open) to the public prior to the occupancy of the 501St market -rate dwelling unit within the boundaries of SP 2001 -01. The City Council at is sole discretion may postpone the time the park must be available to the public to prior to occupancy of the 750th dwelling unit. The park site shall be irrevocably offered for dedication to the City -15- 0 00 #4W*,13G upon approval of the first final map in which the park site is located. The lakefront park (PA -37) site shall be dedicated in fee to the City, improved and available to the public the earlier of (1) occupancy of the 801St market -rate dwelling unit or (2) completion of the recreation lake. The park site shall be irrevocably offered for dedication to the City upon approval of the first final map in Phase B of SP 2001 -01. The Nature Park (PA -11) shall be dedicated in fee, improved, and available and open to the public, as determined by the City Council at its sole discretion. The park site shall be irrevocably offered for dedication to the City upon the approval of the first final map for the Project. The recreation (PA -48) lake shall be completed and open to the public prior to the occupancy of the 801st market -rate dwelling unit. After each park is opened to the public and prior to its formal acceptance by the City, Developer shall provide a minimum of one (1) year and a maximum of two (2) years of maintenance for the park land and improvements, including all labor, materials, and utilities, in accordance with the specifications used by the City at its parks. All land provided by Developer to City for parks, recreation, and open space purposes shall be deeded to the City without any restrictions for current or future use. Developer agrees that the above - described improvements along with the dedication of the above - described park land and other requirements of subsection 6.9 shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code section 66477 et seq. for all subsequent subdivision maps within the Specific Plan area for a maximum of 1,680 residential units. Developer shall secure the above - described improvements and the minimum one -year (1 -year) maintenance requirement by the execution of City's standard subdivision agreement prior to the approval of the first final tract map or the first final parcel map within the Specific Plan area. Prior to issuance of a building permit for each commercial building, Developer agrees to pay fifty cents ($.50) per square foot of gross floor area of -16- 00093`7 said building to be used for park improvements at the City Council's sole discretion. Commencing on January 1, 2007, and annually thereafter, this amount shall be adjusted in the same manner as provided for in this subsection 6.7. for adjustments to the Park Improvement Costs. In addition to the required construction and maintenance described above, Developer shall at its sole cost and expense, as a condition of issuance of a building permit for each of the 1,500 market-rate residential units in the Project, pay to City One Thousand, Six Hundred Ninety Dollars ($1,690.00) to fund the replacement of the park amenities as determined by City at its sole discretion. Commencing on January 1, 2007, and annually thereafter, this amount shall be adjusted in the same manner as provided for in this subsection 6.7. for adjustment to the Park Improvement Costs. The City, at its sole discretion, may take the Park Improvement Costs in cash and construct the improvements consistent with applicable state law and municipal codes. In such case, Developer is obligated to grade the sites to City's approved specifications and install underground drainage system, provide utility stub outs as approved by City, provide the equivalent of twelve months (12) of maintenance costs including labor, materials, and utilities, and construct adjacent streets to City standards in addition to paying the Park Improvement Costs. The City may elect this option for any of the three referenced sites, and said Improvement Costs would be paid to the City on a pro -rata acreage basis. In such case, the payment would be made by Developer within thirty (30) days of City's award of bid. The Developer shall give written notice to the City of its intention to commence construction of the park improvements 90 days prior to commencing construction at each site. If the City does not notify the Developer in writing of its intention to collect Park Improvement Costs in cash in lieu of actual construction of the park improvements within 30 business days of receipt of the 90 day notice, the City's right to this option is waived. The City Council, at its sole discretion, may require Developer to pay the City up to one -third (1/3) of the then current Park Improvement Cost amount in cash to be used at the City Council's sole discretion for park and recreation improvements that benefit City residents at -17- 0 0() X38 another location within the City. Such decision by the City shall be made within one hundred eighty (180) calendar days of Council's approval of the Implementation Plan as referenced in subsection 6.31. of this Agreement. Developer's payment to the City shall be made within thirty (30) calendar days of the City's written request for said payment. The City must obligate any Park Improvement Cost funds received from Developer within three (3) years of receipt of said funds. Commencing on the first day of the month after the required Developer funded maintenance period ends for the PA -10 site, Developer agrees to pay in advance for each calendar year, or portion thereof, the equivalent annual cost for each of the then applicable assessments for City's parks maintenance districts for each residential or commercial lot or use in the Project until such time as that lot or use is assessed as part of the City's park maintenance districts. This applies whether or not each of the 1,680 residential lots or units and the commercial lots have been created by a subdivision. Prior to approval of the first final tract map for SP 2001 -01 at the City Council's sole discretion, approximately one and one -half (1%) acres of PA -10 may be used as the fire station site in lieu of PA -23. In such event the aforementioned Park Improvement Cost shall not be adjusted as a result of a reduction in acreage for park purposes and PA -23 shall be deeded to City at no cost for open space purposes. 6.8. Developer shall construct appropriately sized water lines, pumping facilities, and storage facilities for recycled water consistent with the requirements of the City, Waterworks District No. 1, and Calleguas Municipal Water District. Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not. Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all public streets, and any other public and commonly owned landscaping and recreation areas. The amount of recycled water needed and areas to be irrigated by recycled water shall be determined by the City at its sole discretion. The recycled water line(s) shall be installed for each City- approved phase of development. Developer shall install dual water meters and services for all -18- 0 0®�39 locations determined necessary by the City at its sole discretion to ensure that both potable and recycled water are available including but not limited to locations where restrooms and drinking fountains are planned. 6.9. Greenbelts, open space areas, landscaped areas, and trails lying within the Property (not covered by any other section) shall be conveyed to the City in a form approved by the City Attorney, or to one or more homeowners' associations or property owners' associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final map defining the area within which said areas are located. Greenbelts, buffers, and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with the greenbelt, buffer, and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6.10. (a) The Nature Preserve area (PA -27) consisting of approximately 2,121 acres as depicted in SP 2001- 01 shall be dedicated or granted by deed in fee simple interest to the City. Title to one -third (approximately 708 acres) of the Nature Preserve shall be irrevocably dedicated as directed by the City upon the issuance of the first grading permit in each of the three SP 2001 -01 phases. The City shall determine the preserve land so dedicated with each phase. The Developer shall grant to the City a license permitting public access to the trail system depicted in SP 2001 -01 as a condition of the first grading permit for any portion of the Nature Preserve not yet conveyed to the City. Ten years after the issuance of the first grading permit for the Project the applicant shall grant to the City the entire Nature Preserve as depicted in SP 2001 -01. (b) Concurrent with City acceptance of fee title, Developer (and at City's sole discretion, the Homeowners' Association (HOA) when it is legally a successor to Developer, or as a maintenance component of a Community Facilities District if such District is authorized by the City Council) shall submit an annual payment to City for the -19- 0 00.40 purposes of permanent management, maintenance, and mitigation monitoring for the Nature Preserve. On the effective date of this Agreement, the amount of the Nature Preserve Maintenance Fee shall be One Hundred Thousand Dollars ($100,000.00) per year. The Nature Preserve Maintenance Fee management annual payments shall be proportionately adjusted to reflect the proportion of the preserve actually dedicated. The establishment of the HOA or other means as approved by City Council at its sole discretion shall include provisions for this perpetual obligation. The fee amount shall be adjusted annually beginning on the first anniversary of its acceptance by City, as provided above, by any increase in the Consumer Price Index (CPI) . The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the payment is due (e.g., if the fee payment due date occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Open Space Maintenance Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the CPI referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. (c) Concurrently with recordation of the first final map for each phase of SP 2001 -01, Developer agrees to grant, in a form acceptable to City, a conservation easement to retain as shown in SP 2001 -01, those planning areas designated as open space within each phase in a predominantly open space condition consistent with Civil Code Section 815 et sec.., except for intended uses as shown in the Specific Plan and as provided for in this Agreement. O0W10' 1 -20- (d) No extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity shall be allowed in any portion of the Property zoned Open Space or in the Nature Preserve. The limitations and exclusions described in this subsection shall be included in the deed or conservation easements. However, an oil transmission line shall be permitted to service existing oil wells outside of the Property. The transmission line shall be located in public and private streets within the easternmost development footprint connecting the off -site wells to the existing storage tank facility generally located in PA -45 as generally depicted in the Exhibit ,B ,,. 6.11. Developer shall provide twenty -seven (27) three (3) bedroom and two (2) bath single- family units with a minimum of 1,200 square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income); eighteen (18) three (3) bedroom and two (2) bath single- family units with a minimum of 1,200 square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income); twenty -seven (27) four (4) bedroom and two (2) bath single- family units with a minimum of 1,320 square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income), and eighteen (18) four (4) bedroom and two (2) bath single - family units with a minimum of 1,320 square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income). All single- family 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, have a minimum of fifteen (15) feet for rear yards, twenty (20) feet for front yards, and sideyards shall be as determined by City at its sole discretion at time the Residential Planned Development (RPD) permit is approved; include concrete roof tiles, and other amenities generally provided in the market -rate housing within the City (e.g., air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher, concrete driveway, automatic garage door opener). The aforementioned ninety (90) units are collectively referred to as the for -sale affordable housing units. At the City's sole discretion at the time of RPD approval, the for -sale affordable housing units may be -21- 00001042 either attached or detached or some combination of attached and detached, as well as City's determination on other requirements and features for the development of the for -sale affordable units including but not limited to requirements for HOA, assessment districts, standards for interior streets, and other items typically determined as part of the City's discretionary approval for tract maps and RPDs. Developer further agrees that it has the obligation to provide the required number of for -sale affordable housing units as specified above regardless of the cost to acquire or construct said housing units. Developer further agrees that the City has no obligation to use eminent domain proceedings to acquire any of the required housing units and that this subsection 6.11 is specifically exempt from the requirements of subsection 7.2 of this Agreement. Prior to recordation of the first final Tract Map for this Project, the parties agree to execute a Purchase and Sale Agreement which further sets forth the Developer's obligations of this subsection 6.11 and the City's obligations per subsection 7.7. The Purchase and Sale Agreement shall be in substantially the form attached hereto as Exhibit "C ". The Developer agrees to pay all City costs for preparation of the Purchase and Sale Agreement and its implementation and administration through the sale and occupancy of the last of the ninety (90) for -sale affordable housing units. Developer agrees that the intent of this subsection 6.11 and the Purchase and Sale Agreement is to provide the ninety (90) for -sale affordable housing units consistent with applicable State and Federal laws and that said units remain affordable for the longest feasible time. Developer further agrees that the City at its sole discretion will make all decisions pertaining to the selection of eligible first time home buyers and all requirements placed on the sale of the ninety (90) for -sale affordable housing units to said buyers. The difference between the initial purchase price by a qualified buyer and market value shall be retained by the City as a second deed of trust. The actual initial purchase price (Affordable Sales Price) paid by a qualified buyer, market value, buyer eligibility, resale restrictions, equity share, and -22- 000043 second trust deed provisions, and any other items determined necessary by the City will be approved by the City Council consistent with the provisions in this Agreement and in its sole and unfettered discretion prior to or at such time as qualified buyers are selected to purchase the affordable housing units. All units shall meet the criteria of all applicable State laws to qualify as newly affordable to low income and very low income persons in the quantity as specified in this Agreement. None of the affordable units required by this Agreement shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent actions required of City under this subsection 6.11 shall be made at City's sole discretion. If any conflict exists between this Agreement and the Purchase and Sale Agreement or SP 2001 -01, then the provision providing the City the most favorable language for assisting eligible first time home buyers who meet the qualifications of low and very low income shall prevail. Developer agrees to provide new home warranties for the maximum time required by State law, but in no event less than (10) years. The City shall have the right to approve the home warranty program at its sole discretion. Developer agrees that all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the low income and very low income units, and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The qualified buyer (or the City in lieu of a qualified buyer at its sole discretion) shall have the same choices of finish options as purchasers of other units in the City and final walk - through approval of condition of unit before close of sale. Any options provided to buyers of similar market rate units in the City shall be provided to buyer(s) of the required units including but not limited to color and style choices for carpeting and other floor coverings. Flooring selections shall be made within 10 days of Developer's request for selection. In the event the monthly HOA fees for the affordable units exceed $100.00 for each affordable unit, Developer shall deposit $120.00 for each dollar or portion thereof of the monthly HOA fees that are in -23- 0000".044 excess of $100.00 into a City administered trust to assist with future HOA fees for each affected affordable unit. The Affordable Sales Price for the low income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. For a household of 4, the current monthly "affordable housing cost" would be 30% times 70% of $80,600.00, the then current median income for a household of 4 in Ventura County, divided by 12. This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulations shown below. (See Section 50052.5(c) of the Health and Safety Code.) The Affordable Sales Price for a low income household of 4 or fewer would be $165,000 under current market conditions, based upon the following assumptions: Low Income Buyer Household of Four Item Detail Amount Initial Purchase Price $165,000 Down Payment 5% of Affordable Sales Price $8,250 Loan Amount Affordable Sales Price less down payment $156,750 Interest Rate 5.95% Property Tax 1.25% of Affordable Sales Price $172 /mo. HOA $100 /mo. Fire Insurance $20 /mo. Maintenance $30 /mo. Utilities $171 /mo. The Affordable Sales Price for a low - income household of five or more would be based on the affordable housing cost for the actual household size. The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on the Affordable Sales Price, mortgage interest rate of 5.95 %, no mortgage insurance, property tax rate of 1.25 %, based on Affordable Sales Price, homeowners' association dues -24- 0 ®®„ 45 of $100 per month, fire insurance of $20 per month, maintenance costs of $30 per month, and utilities of $171 per month for a household of 4, assuming a 3 bedroom unit. The Affordable Sales Price for the very low- income buyers shall not exceed affordable housing cost, as defined in Section 50052.5(b) (2) of California Health and Safety Code. For a household of 4, the current monthly "affordable housing cost" would be 30% times 50% of $80,600.00, the current median income for a household of 4 in Ventura County, divided by 12. This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulations shown below. (See Section 50052.5(c) of the Health and Safety Code.) The Affordable Sales Price for a very low income household of 4 or fewer would be $104,000.00 under current market conditions, based upon the following assumptions: Very Low Income Buyer Household of Four Item Detail Amount Initial Purchase Price $104,000 Down Payment 5% of Affordable Sales Price $5,200 Loan Amount Affordable Sales Price less down payment $98,800 Interest Rate 5.95% Property Tax 1.25% of Affordable Sales Price $108 /mo. HOA $100 /mo. Fire Insurance $20 /mo. Maintenance $30 /mo. Utilities $171 /mo. That Affordable Sales Price for a very low income household of five or more would be based on the affordable housing cost for the actual household size. The assumptions associated with the above purchase price figures for very low income households include a 5% down payment, based on the Affordable Sales Price, mortgage interest rate of 5.95 %, no mortgage insurance, property tax rate of 1.25 %, based on Initial Purchase Price, homeowners, association dues -25- 0 00:46 of $100 per month, fire insurance of $20 per month, maintenance costs of $30 per month, and utilities of $171 per month for a household of 4, assuming a 3 bedroom unit. 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 the low income and very low income buyers. Furthermore, if "affordable housing cost," as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified to achieve substantially the same result as would otherwise have been obtained had it not been changed. In the event the City, at its sole discretion purchases one or more of the for -sale affordable units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size of 4 persons and consistent with all requirements of this subsection 6.11. Developer agrees that 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 and very 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. Developer shall pay closing costs for each unit, not to exceed $6,000. Beginning March 1, 2007, and on March ist for each subsequent year, the maximum $6,000 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 /Orange /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the CPI referred to above in this subsection is discontinued or revised, such -26- 0 ®®:24 � successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. The referenced Developer funded closing costs shall be for the benefit of qualified buyers (or City in lieu of qualified buyers as determined by City at its sole discretion for one or more of the required units) in their acquisition of a unit from Developer not Developer's acquisition of a unit from one or more third parties. 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 prior to the closing of the initial sale to a qualified buyer or the City in lieu of a qualified buyer. In addition to the aforementioned closing costs, as part of the sale of each for -sale affordable housing unit, Developer also agrees to pay City three percent (3 %) of the then applicable Affordable Sales Price (Processing Fee) to pay City for City staff time, contract services, out -of- pocket costs, and related costs for the services necessary to process the Affordability Documents and to qualify eligible buyers. Developer further agrees that this Processing Fee shall be paid to City at Developer's initial sale of each for -sale affordable housing unit whether it is sold to a qualified buyer selected by the City or the City in -lieu of a qualified buyer as determined by the City at its sole discretion. Prior to approval of the first residential occupancy in SP 2001 -01, Developer must have received city approval of a tentative tract map and residential planned development (RPD) permit and any other required permits and approvals to allow construction of the referenced ninety (90) for -sale affordable housing units on PA -9 within SP 2001 -01. Developer shall be responsible for the following at its sole cost and expense: (a) Processing of City required entitlements including but not limited to Tentative Tract and Final Map and Residential Planned Development Permit (RPD).. (b) Payment of all required City fees for processing of applications for (a), above, consistent with -27- City's Fee Schedule in effect at the time an application is filed with the City. (c) Pay all City capital improvement and mitigation fees including but not limited to those fees required in subsections 6.3, 6.4, 6.5, 6.12, 6.16, 6.19, and 6.32 of this Agreement. (d) Grade the site per approved map, install all utilities, and construct all public and private improvements consistent with City standards typical for such subdivision. If for any reason less than ninety (90) dwelling units are approved for PA -9 by the City, Developer shall pay Three Hundred Thousand Dollars ($300,000.00) to City for each unit less than the required ninety (90) units. The total amount shall be due and payable prior to occupancy of the first for -sale affordable housing unit. This amount shall be adjusted on March 1, 2007, by any increase in the median price of single- family detached for -sale housing in Ventura County as most recently published by Data Quick (Housing Index) and annually thereafter on each January 1. In the event there is a decrease in the Housing Index for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the Housing Index referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Housing Index had not been discontinued or revised. In the event less than ninety (90) for -sale affordable housing units are approved, the first such unit deducted from the required number of units shall be a low income unit, and the second unit a very low income unit, and so forth in the same order. The 90 for -sale affordable housing units shall have all received final inspection approval prior to the issuance of the 501St market -rate building permit. Developer agrees to guarantee the affordability of ninety (90) residential rental units for the life of the Project as follows: 36 units at very low income -28- 0 OQ'49 (50% of median income) and 54 units at low income (60% of median income). The ninety (90) residential rental units shall be referred to as affordable rental units and shall be located in PA -49 of SP 2001 -01. The affordable rental units shall consist of twenty (20) two bedroom and one (1) bath units with a minimum of 680 square feet and seventy (70) one (1) bedroom and one (1) bath units with a minimum of 630 square feet as follows: The method of selecting eligible tenants, tenant eligibility requirements including minimum age restrictions, the respective roles of the City and the Developer, and any other items determined necessary by the City shall be set forth in an Affordable Housing Implementation and Rental Restriction Plan (the "Plan ") . The Plan shall set forth the minimum age requirements for tenants and residents consistent with applicable state and federal laws and restrict the rents of all ninety (90) units as referenced above and shall be consistent with this Agreement and approved by the City Council in its sole and unfettered discretion prior to the final inspection and occupancy approval for the first residential unit in the Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer further agrees that the Plan and Affordable Housing Agreement shall include minimum age of tenants and other requirements so that both the 54 new low income and 36 new very low income units are counted as meeting the City's goals in its Housing Element as may be amended from time to time and the goals in the Regional Housing Needs Allocation Plan as may be amended from time to time.Developer agrees to the extent permitted by applicable state and federal law to grant priority to eligible Moorpark residents for the life of the Project. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement, up to a maximum of Ten Thousand Dollars ($10,000.00). By mutual agreement of Developer and City, in lieu of the aforementioned Affordable -29- 2 Bedroom 1 Bedroom Total Low 12 42 54 Very Low 8 28 36 Total 20 70 90 The method of selecting eligible tenants, tenant eligibility requirements including minimum age restrictions, the respective roles of the City and the Developer, and any other items determined necessary by the City shall be set forth in an Affordable Housing Implementation and Rental Restriction Plan (the "Plan ") . The Plan shall set forth the minimum age requirements for tenants and residents consistent with applicable state and federal laws and restrict the rents of all ninety (90) units as referenced above and shall be consistent with this Agreement and approved by the City Council in its sole and unfettered discretion prior to the final inspection and occupancy approval for the first residential unit in the Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer further agrees that the Plan and Affordable Housing Agreement shall include minimum age of tenants and other requirements so that both the 54 new low income and 36 new very low income units are counted as meeting the City's goals in its Housing Element as may be amended from time to time and the goals in the Regional Housing Needs Allocation Plan as may be amended from time to time.Developer agrees to the extent permitted by applicable state and federal law to grant priority to eligible Moorpark residents for the life of the Project. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement, up to a maximum of Ten Thousand Dollars ($10,000.00). By mutual agreement of Developer and City, in lieu of the aforementioned Affordable -29- Housing Agreement, these provisions may be incorporated into the Regulatory Agreement if revenue bonds are issued by the City for this Project. Construction of the 90 affordable rental units shall be completed and available for occupancy prior to the earlier of the issuance of the 1,101st market -rate unit building permit for the Project or the completion of construction of 50% of the retail center in PA -49. In addition, the Developer agrees not to convert the Project to for -sale condominiums, community apartments, planned development, stock cooperative, or other common interest development, or as congregate care or assisted living facility for the life of the Project. The approval process and construction for the ninety (90) affordable rental units shall include payment of all City improvement and mitigation fees including but not limited to those fees required in subsections 6.3, 6.4, 6.5, 6.12, 6.16, 6.19, and 6.32 of this Agreement. In the event the affordable rental units are exempt from the payment of any portion or all of the real secured and unsecured property taxes, Developer shall pay City a fee to offset such loss of property tax payment to the City. Developer agrees prior to occupancy of the first residential unit for the Project, to enter into an agreement with the City to pay the City each year the amount the City would have received if they were not exempt from said payment of property taxes. The agreement shall include but not be limited to: A. If that portion of the Project encompassing the affordable rental units is sold or transferred to another entity, the fee amount shall increase based on the new value of the property as if it was reassessed consistent with applicable laws. B. The first year amount shall be based on Eight Hundred Dollars ($800.00) for each One Million Dollars ($1,000,000.00) of value of the property as if it was assessed for property tax purposes consistent with applicable laws. C. The payment amount shall increase two percent (2 %) each year above the prior year amount -30- O0t;02 5 1 except as noted in A., above. In no event shall there be a decrease in the amount paid in any year compared to the prior year. D. Payments shall be made twice each year on dates as mutually agreed upon with provisions for penalties and interest in the event of late or non - payment. 6.12. Developer agrees that the Mitigation Measures included in the EIR and approved Mitigation Monitoring and Reporting Program, or subsequent environmental clearance document approved by the City Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to the City an air quality mitigation fee, as described herein (Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the EIR for SP 2001 -01. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. At the time the Fee is due, the City may at its sole discretion require Developer to purchase equipment, vehicles, or other items, contract and pay for services, or make improvements for which Developer shall receive equivalent credit against Air Quality Fee payments or refund of previous payments. The Air Quality Fee shall be One Thousand, Six Hundred Thirty -Six Dollars ($1,636.00) per market -rate residential unit and for -sale affordable housing unit to be paid prior to the issuance of each building permit. Commencing on March 1, 2007, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. 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. -31- 0 00222 In the event the CPI referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. For commercial uses, and affordable rental units, the Air Quality Fee shall be calculated by the Director of Community Development consistent with the then applicable Ventura County Air Quality Management District URBEMIS Model prior to the first occupancy approval for each commercial use and final inspection for such affordable rental unit. 6.13. Developer hereby agrees that densities vested and incentives and concessions received hereunder 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. 6.14. Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of slope, parkway, and median landscaping and street lighting, including but not limited to all water and electricity costs, and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. Prior to recordation of the first final map for the Property, if required by the City at its sole discretion, Developer shall also form one or more property owner associations to assume ownership and maintenance of open space land, trails, storm water detention and /or debris basins and related drainage facilities, landscaping, and other amenities, and to comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Project. The obligation shall be more specifically -32- 0 00 rr%'!53 defined in the Implementation Plan and Subsequent Approvals. 6.15. Prior to issuance of the first grading permit for each phase of grading as described in SP 2001 -01, all oil drilling, pumping and extraction easements, and any other mineral rights shall be acquired by Developer for that portion of the Nature Preserve to be dedicated to City with that phase of grading. However, an oil transmission line shall be permitted to service existing oil wells located outside of the Property. The transmission line shall be located in public and private streets within the easternmost development footprint connecting the off -site wells to the existing storage tank facility generally located in PA -45 as generally depicted in Exhibit "B ". This shall be more specifically addressed in the Implementation Plan referenced in subsection 6.31. of this Agreement. 6.16. Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) fee for each residential lot, non- residential, and commercial use prior to the issuance of a building permit for each lot or use. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each residential lot, non - residential, and commercial use. 6.17. Developer shall install landscape screening along the west side of PA -15 along the rear of the homes on University Drive. The landscape plans shall be approved by the Director of Community Development. Installation of the landscaping shall occur prior to the issuance of the first building permit for the Property. 6.18. Prior to submittal of an application for any subdivision or the issuance of a grading permit whichever comes first, Developer shall acquire the approximate 9.1 -acre portion of SP 2001 -01 owned by the Ventura County Community College District ( VCCCD) and any land owned by VCCCD necessary for the connection of Collins Drive to "A" and "E" streets. Upon acquisition by Developer such property shall be included within the definition of Project and Property as set forth herein and City may record this Agreement against the title thereto. 0®©* 54 -33- 6.19. Developer agrees to pay a Property Fee prior to issuance of the final inspection approval for each market -rate residential unit as follows: The greater of: 1. Thirty Thousand Dollars ($30,000.00) per residential unit adjusted annually commencing January 1, 2007, and each January 1 thereafter by any increase in the median price of single- family detached for -sale housing in Ventura County as most recently published by Data Quick (Housing Index). In the event there is a decrease in the Housing Index for any annual indexing, the Property Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the Housing Index referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Housing Index had not been discontinued or revised. •- 2. Two percent (2 %) of the total final sales price of the real property as improved (lot and all structures) as reported to the Ventura County Assessor. In the event the lot or dwelling unit, or both, are leased rather than sold to a Bonafide Purchaser, then prior to the effective date of the lease agreement, the Developer at its cost shall cause an appraisal to be prepared for the property to be leased to determine its fair market value. The appraised value will be used as the final sales price for purposes of calculating the applicable fee under 1 or 2 above. The appraiser shall be selected by the City Manager or his /her designee. Developer agrees that the Property Fee for commercial uses shall be Fifty -Seven Thousand Dollars ($57,000.00) per acre adjusted annually commencing January 1, 2007, and each January 1 thereafter by any increase in the value of commercial properties in Ventura County as most recently published by Data Quick (Annual Index). In the event there is a decrease in the Annual Index for any annual indexing, the Property Fee shall remain at its then current -34- 000PW%'! 5 amount until such time as the next subsequent annual indexing which results in an increase. In the event the Annual Index referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Annual Index had not been discontinued or revised. The Property Fee for commercial uses shall be paid prior to issuance of final occupancy by the City. Thirty -three years after the Effective Date of this Agreement, the City, at its sole discretion, may require Developer to pay the Property Fee for all remaining residential and commercial lots /uses, whether or not they have been created as part of a final map, based on the total number of residential lots /units and commercial acres approved in SP 2001- 01. The Property Fee shall be the amount most recently paid for residential lots /units and commercial acres. The Developer shall pay a Property Fee for the for - sale affordable units of two percent (2 %) of the Affordable Sales Price. The Property Fee for the very low income affordable rental units shall be two percent (2 %) of the then current Affordable Sales Price for the very low income for -sale affordable housing unit, and the Property Fee for the low income affordable rental units shall be two percent (2 %) of the then applicable Affordable Sales Price for the low income for -sale affordable housing units. The Affordable Sales Price shall be calculated using the method prescribed in subsection 6.11 of this Agreement whether or not any of the for -sale affordable units are still available for -sale by the Developer. The intent of this subsection is that the Property Fee will be paid, whether the dwelling unit or land is sold or leased, prior to occupancy. The Property Fee may be expended by the City at its sole and unfettered discretion. 6.20. Developer agrees that any fees and payments pursuant to this Agreement 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 -35- 000256 or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to subsections 6.3., 6.5., 6.9., 6.11., 6.12., 6.19., and 6.29. of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 6.21. On the Effective Date of this Agreement, Developer shall pay City $20,000.00 (Administrative Fee) for the City's cost to administer this Agreement. City shall charge its staff time at then applicable hourly rates for time spent on administering this Agreement. All out of pocket costs including but not limited to engineering, legal, and planning services shall be charged at direct cost plus 15% for City overhead cost. Upon City's written request and provision of expenditures to date showing that at least 80% of the Administrative Fee deposited with City has been expended, Developer shall deposit an additional $20,000.00 for this purpose. Developer's obligation for payment of the Administrative Fee shall cease at such time as Developer has paid the then applicable Condition Compliance Fee for 500 residential units. 6.22. 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 certified EIR and approved MMRP. 6.23. Developer shall construct the Freeway Interchange and the four -lane arterial street connecting said Interchange to the Property ( "Access Road "), as identified in SP 2001 -01. To ensure timely completion of the Freeway Interchange and Access Road, Developer shall satisfy the following thresholds: (a)Title to the lands necessary to construct the Interchange and Access Road must be acquired by the Developer prior to issuance of the first grading permit for SP 2001 -01; (b)The Freeway Interchange Project Study Report and Project Report must be approved by Caltrans prior to approval of the first final map on SP 2001 -01; -36- 000 #57 (c)The Freeway Interchange Encroachment Permit must be issued by Caltrans prior to issuance of the 250th residential building permit on SP 2001 -01; (d) The Freeway Interchange and Access Road must be fully funded and construction have commenced prior to issuance of the 300th building permit on SP 2001 -01; (e) The Freeway Interchange and Access Road must be completed and operational prior to issuance of the 501st residential building permit on SP 2001 -01; and (f)Except as described herein as to PA -28 and PA -29, no vegetation shall be removed in Phases B and C of SP 2001 -01 and no land shall be graded within the grading limits of Phases B and C of SP 2001 -01 until construction of the Freeway Interchange and Access Road are: (i) fully permitted; (ii) fully funded to ensure completion; (iii) at a point in construction where completed and approved work represents at least fifty percent (50 %) of the budgeted construction costs; and (iv) not more than twelve (12) months from expected completion, as determined by the City Community Development Director. This provision shall not apply to vegetation removal or grading necessary for soils testing or archeological resources testing. Vegetation clearing and grading in PA -28 and PA -29 shall be permitted consistent with this Agreement and an early grading agreement when the Freeway Interchange and Access Road are fully permitted and funded to ensure completion. In the event the Developer is unable to acquire by purchase the right -of -way necessary to construct the Access Road, and if requested in writing by Developer and limited to the City's legal authority, the City may proceed to acquire, at Developer's sole cost and expense, easements, or fee title to such land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer, including any land outside the City's boundaries, pursuant to the provisions of sections 6.26 and 7.2 herein. 6.24. Developer shall provide to the Ventura County Fire Protection District (Fire District) title, access and all utilities for a 1.5 -acre net usable site (PA -23, -37- 0002W58 unless modified as discussed below), for a fire station prior to issuance of the 501st residential building permit. Alternately, the fire station may be located on a site within the Community Park (PA -10) mutually agreeable to the City and the Fire District. If the City and Fire District cannot agree on such a site, the fire station shall remain in PA -23. The land shall be deed restricted in the form of a covenant running with the land to limit use of the land to a fire station, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to the Fire Protection District. The covenant shall include an optional right of reversion or remainder in the event of the failure of the grantee to use the property for a fire station, which right Developer agrees to convey to the City at City's election. Developer shall install traffic signal traffic pre- emption control devises at the main intersection directly in front of the fire station and at other traffic signals within SP 2001 -01, as determined by the City Engineer. Developer agrees that the City Council shall not approve any tentative map for any portion of the Property until Developer has entered into an agreement (Fire Services Agreement) with the Ventura County Fire Protection District (Fire District) and City that includes but is not limited to Developer's obligations to fund the construction of a fire station in the Project (or another location within the City as approved by City and Fire District) including the potential for advance payment of Fire Facility Fees and the Fire District's commitment to occupy and staff said fire station. 6.25. Developer agrees to provide the City with cash deposits as the City may require at its sole discretion to pay all City and related costs for the proceedings and related services for possible formation of a Community Facilities District (CFD) as referenced in subsection 7.6. of this Agreement, which may be required to be paid prior to formation of a CFD, or in the event a CFD is not formed, after the commencement of proceedings related thereto. Said costs may include but are not limited to attorney fees, engineering fees, City staff costs, and City -38- 0 00 P121159 overhead expenses of fifteen percent (15 %) on all out of pocket and professional service costs. In the event a CFD is authorized, the Developer agrees, to the extent permitted by law, to exclude the nature preserve, school site, public park sites, fire station site, the for -sale affordable housing units, and the affordable rental housing units from any CFD assessments. In the event any of the aforementioned lots or uses are taxed for any CFD, Developer agrees to prepay such special taxes. Developer further agrees that the City may at its sole discretion select the bond counsel, underwriter, financial advisor, and any other professional service provider the City deems necessary to process the possible formation of a CFD. 6.26. Developer agrees that notwithstanding any other provision of this Agreement, any decision to acquire property by eminent domain shall be at the 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. The process shall generally follow Government Code section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with the City, guaranteed by cash deposits and other security as the City may require, to pay all City costs, including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15 %) on all out - of- pocket costs and City staff costs. Nothing in this provision compels the City to complete the eminent domain process if, in the sole and unfettered judgment of the City Council, condemnation of any such property is not in the public interest. A decision by the City Council not to complete the eminent domain process shall not relieve the Developer from any requirements of the Project and does not constitute a waiver of the offsite improvements, pursuant to Government Code section 66457 et seq. Furthermore, any decision of the City Council not to acquire property by eminent domain shall not constitute a breach of this Agreement. 6.27. 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 -39- 00002dG® SP 2001 -01 to the City of Moorpark. Said costs may include but are not 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. 6.28. Developer shall use an interim construction access route for SP 2001 -01 through the existing access easement on the Waste Management Property at the east end of Campus Park Drive, provided the following conditions are satisfied: (a)Access by heavy construction trucks shall be limited to 500 trips per week with a maximum of 160 trips in any given day; (b)Developer shall complete those Collins /Campus Park Drive /SR -118 improvements as defined in Exhibit "D" over which the City has full permit authority, prior to issuance of the first grading permit for onsite development. Developer agrees to complete all Collins /Campus Park Drive /SR -118 improvements as defined in Exhibit "E" prior to the issuance of the first building permit for the Project; (c) Heavy construction truck traffic shall be limited to the hours between 8:00 a.m. and 4:00 p.m., Monday through Friday and shall not be permitted on weekends and City holidays; (d)Developer shall sweep Campus Park Drive between Collins Drive and Campus Road on each day for which there are more than 25 truck trips on Campus Park Drive or as directed by the City Engineer; (e)Developer shall make an offer to pay twenty thousand dollars ($20,000.00) to the owners of each of the nineteen (19) homes backing onto Campus Park Drive and the two (2) homes on Kernvale Avenue at the terminus of Delfen Street that directly face Campus Park Drive (the 21 lots are identified by APN in Exhibit "F ") before the issuance of the first grading permit for this Project. The Developer will offer to pay to each of the homeowners on the first anniversary of the initial payment offer two thousand, five hundred dollars ($2,500.00). The Developer will offer to pay to each of the homeowners ten thousand dollars ($10,000.00) on the third anniversary of the initial payment offer, and each year thereafter -40- 000 until the freeway off -ramp is completed or construction traffic on Campus Park Drive ceases. (f)Trucks shall not queue on Campus Park Drive, or any other public street; Developer shall provide a staging area out of the line of sight from the residents in Tract No. 2668. (g)Developer shall provide the City a deposit sufficient to fund the monitoring of these conditions in amounts as determined by the City at its sole discretion; (h)Developer shall install wrought iron fencing and block pilasters, and landscaping screening along the west and north sides of College View Park, along Collins Drive and Campus Park Drive. Such wrought iron fencing shall be similar in design and the same quality as the fencing installed in Tierra Rejada Park and the landscape and fencing plans including exact location shall be approved by the Director of Community Development and Director of Parks, Recreation, and Community Services. Installation of the fencing and landscaping shall occur prior to the issuance of the first grading permit for the Property. Developer shall also replace in kind, or in cash, as determined by City in its sole discretion, all park improvements removed as a result of the widening of Collins Drive and Campus Park Drive required by the EIR, Project Approvals, or Subsequent Approvals; and (i)Developer shall keep the pavement in the affected portion of Campus Park Drive in good condition as determined by the City Engineer at his /her sole discretion during the time it is used as interim construction access including but not limited to pothole repair, crack seal, slurry seal, and asphalt overlay. Within sixty (60) days of termination of Developer's use of said road as interim construction access, - Developer shall provide a minimum two (2) inch rubberized asphalt overlay of the street including any necessary preparatory work including but not limited to crack sealing, pavement fabric, remove and replace failed areas, and grinding operations, or if as determined by the City Engineer in his /her sole discretion and based on reflective tests or similar evaluative study, the street shall be reconstructed. —41— 000p2dC0; (j)Developer will use its best efforts to obtain approval from the Moorpark Unified School District to move the bus stop to an acceptable location subject to the approval of the owners of lots identified in Exhibit "F ". Failure to comply with the above conditions shall be cause for the City to halt all construction activity within the boundaries of SP 2001 -01, until such time as the City is satisfied that plans are in place to ensure such failure will not be repeated. 6.29. Developer agrees to pay to the City no later than thirty (30) days after City Council action calling and giving notice of an election for the voters to consider approval of this Agreement, Fifty Thousand Dollars ($50,000.00) for the preparation of a City -wide Parks Master Plan. 6.30. Developer agrees that the City will not approve any tentative map for any portion of the Property until the Developer has executed a mitigation agreement with the Moorpark Unified School District (MUSD) in substantial conformity with provisions of the North Park Village Memorandum of Understanding approved by the MUSD on March 8, 2005. Developer further agrees that any land within the Project area that is dedicated to MUSD, or any successor district, shall be deed restricted in the form of a covenant running with the land to limit use of the land to public school facilities, kindergarten through 12th grade, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to MUSD or a successor district. The covenant shall include an optional right of reversion or remainder in the event of the failure of the grantee to use the property as set forth herein, which right Developer agrees to convey to the City at City's election. 6.31. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council of an Implementation Plan to specifically address the requirements for implementation, phasing, financing, construction, and responsibilities for the maintenance of on- and off -site improvements, facilities, and services including rough and final grading plans for the Project, open space, parks, streets and roads, trails, drainage, water, recycled water, and -42- U00 G3 wastewater treatment improvements required for implementation of the Specific Plan development, including the requirements required for each approved phase of the Project. The Implementation Plan shall also address the specific requirements to be completed and the entity responsible for each item including the amount, type and form of sureties to guarantee all required items as well as the responsible entities. The approval of the Implementation Plan and any amendments thereto shall be at the City Council's sole discretion. Prior to sale or any transfer of ownership of any portion of the Property (except individual lots after construction of houses), Developer shall seek City approval of an amendment to the Implementation Plan to address the responsibilities of each entity. Developer agrees to accept the Implementation Plan as approved by the City and to install the improvements as determined by the City and at such times as deemed necessary by the City Council. The design and construction of all improvements addressed in the Implementation Plan shall be consistent with standards, plans, and specifications as determined by the City Council at its sole discretion. Developer shall pay City's costs for plan check, inspection, and administration of such processes including City overhead and administrative costs. In addition to the general items referenced above, the Implementation Plan shall include but not be limited to the following: 1. A provision obligating the Developer for the long- term maintenance of public and private streets within the Project and all off -site public streets that are used by construction vehicles. This obligation may not extend longer than one year after final inspection approval of the 1500th market rate unit in the Project. 2. Construction of storm drain systems including detention basins and compliance with all applicable federal, State, and county regulations including but not limited to NPDES. 3. Installation of utilities to all sites planned for public uses including but not limited to domestic and recycled water, sewer, storm drains, gas, electric, telephone, cable television, and fiber optics. 000� C4 -43- 4. Construction of sidewalk on the north side of Campus Park Drive between Delfen Street and Collins Drive. 5. Installation of landscaping within a portion of the existing sidewalk on the south side of Campus Park Drive between College View Park and Beragan Street. 6. Construction of a raised median on Campus Park Drive between Delfen Street and Campus Road /Beragan Street and landscaping in the median on Campus Park Drive between Collins Drive and Campus Road /Beragan Street. 7. Construction of raised landscape median on Collins Drive from Campus Park Drive to its terminus with "A" Street. 8. Determination on the funding mechanism for the maintenance of items 5., 6., and 7. above. 9. Construction of the extension of Collins Drive from University Drive (northeast location) to its intersection with "A" Street including construction of sidewalk and bike lanes on both sides and landscaping on the northwest side. 10. Construction of a second southbound lane on Collins Drive from Hearon Drive to Benwood Drive. 11. Preparation of a Lake Management Plan with provisions for construction, management, maintenance, and public access for related public facilities and including but not limited to docks, boat rentals, trails, and construction of a swim lagoon as part of the lake with restrooms, and shower /changing facilities. 12. Installation of traffic signals or other traffic control devices at: A. B. C. D. E. "A" Street Road owned "E" Street Road owned University Collins Dr and Collins Drive by VCCCD) and Collins Drive by VCCCD) Drive (southwest ive (currently Campus (currently Campus location) and Hearon Drive and Collins Drive Intersections within the Project -44- o00,�cs 13. Transit Plan to serve the Project. 14. Schedule for dedication of sites for public uses not specifically addressed in the Development Agreement. 15. Provisions to address the potential for -sales of residential lots to other developers and subsequent sales that do not include required RPD provisions. 16. Location, improvement, ownership, and maintenance of fire access roads. 17. Developer's maintenance obligation for on- and off -site parkway, slope and median maintenance, street lighting, private and public park maintenance, storm drain systems including detention basins, culverts, pipes, and compliance with National Pollutant Discharge Elimination System (NPDES) requirements of the Project, private and public trails, private and public streets, Nature Preserve, and public and private open space areas, and all other properties planned to be owned by a public entity or in some form of common ownership. City Council shall at its sole discretion determine in addition to existing Citywide maintenance districts for parks, street lighting and median, slope and parkway landscaping, what additional maintenance districts the Project shall be subject to and for what purposes. The City Council shall also determine at its sole discretion what maintenance responsibilities shall be assigned to one or more property owner associations. 18. Include a schedule for payment of costs by Developer to City for managing and implementing the MMRP during the build out of the Project. 19. Elimination of all oil drilling, pumping, and extraction rights and easements, and all other mineral rights from the Nature Preserve (PA -27) . However, an oil transmission line shall be permitted to service existing oil wells outside of the Property. The transmission line shall be located in public and private streets within the —45— 000 016"d G6 easternmost development footprint connecting the off -site wells to the existing storage tank facility generally located in PA -45 as generally depicted in the Exhibit "B ". 20. Construction of a multi -use trail from the southerly terminus of Freeway Interchange and Access Road to Los Angeles Avenue in the vicinity of Oak Park contingent on approval of the County of Ventura Board of Supervisors (County). In the event approval by the County is not obtained within 360 calendar days of Developer's written request, the City Council may at its sole discretion require payment of an in lieu fee in an amount as set forth in the Implementation Plan. 21. Determination on the necessity for a school crossing guard and the amount to be paid by Developer for this purpose. 22. City Council in its sole and unfettered discretion shall determine whether or not to require an access easement from one or more properties to the west through the Property to connect to the Access Road. 6.32. 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 for each residential and commercial lot or use. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, Arts in Public Places Fee, 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 Effective Date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.33. Developer agrees at its sole cost to install traffic signals at any intersection within the Project as determined by the City in its sole discretion. Final design, plans, and specifications shall be as approved by the City Council. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. U002G� � -46- 6.34. Developer shall construct public streets adjacent to school and park sites as depicted in the Specific Plan regardless of whether said streets are designated as local or collector streets for a length and to a standard that includes a curb -to -curb width of between 48 feet and 60 feet as determined at City's sole and unfettered discretion in order to provide street parking, bike lanes, and turn lanes in addition to at least two (2) travel lanes and necessary transitions. 6.35. Developer agrees to pay all property taxes (regular and supplemental), special assessments, CFD assessments, and all other components of its property tax bills on or prior to the dates specified in the statements provided to it by the Ventura County Tax Collector. 6.36. All public streets shall be constructed in a manner to provide a fifty year (50 -year) life as determined by the City Engineer and the final two inches (211) of pavement shall consist of rubberized asphalt. 6.37. Prior to issuance of the first grading permit for the Property, pay City $100,000.00 as a contribution for the required updates to the General Plan Elements necessitated by the approval of SP 2001 -01. Commencing on January 1, 2007, and annually thereafter, this amount shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Services Fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of August over the prior month of August. In the event there is a decrease in the CPI for any annual indexing, the Community Services Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event the CPI referred to above in this subsection is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the CPI had not been discontinued or revised. -47- 6.38. Developer agrees that in the event the cable television services or their equivalent are provided to the Project under collective arrangement or any collective means other than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the responsible Developer or successor entity shall pay monthly to City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Developer further agrees that in the event cable television services or their equivalent are provided to the Project by any means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the Project was served by a City Cable Franchisee. Developer also agrees to add this language to any Regulatory Amendment as part of the sale of any revenue bonds issued by the City for this Project or to any other agreement affecting this Property if requested by the City. 6.39. Developer agrees to reimburse City for all costs to maintain the Access Road until such time as it receives occupancy of the 1,101st dwelling unit. All maintenance shall be at City's sole discretion, and Developer agrees to pay direct costs including labor and materials, City staff costs, and fifteen percent (15 %) City overhead on all costs, and shall make such payments within thirty (30) days of receiving an invoice from the City. Maintenance costs shall include but not be limited to pavement, signs, pavement markings, and traffic control devices including traffic signals. This is in addition to any obligations Developer may have as a result of using the Access Road as construction access to the Property. 6.40. Developer agrees that recycled water shall be available to the Project prior to issuance of the 501st building permit for the Project. 6.41. Developer agrees that the Helispot and observatory uses referenced as permitted uses within PA -27 of SP 2001 -01 will be permitted subject to a License Agreement between the City and Ventura County Fire -48- 00002G9 Protection District and Ventura County Community College District, respectively. Developer further agrees that the water storage facilities uses referenced as a permitted use within PA -27 of SP 2001 -01 will be permitted by the City subject to certain deed restrictions and other conditions as mutually determined by City and Ventura County Waterworks District No. 1 to insure consistency with the EIR. 6.42 Developer agrees that after the Effective Date of the Agreement, City may design and construct those improvements defined in Exhibits "D" and "E" (Collins /Campus Park Drive /SR -118 improvements), items referenced in subsection 6.31 of this Agreement, and any other items subsequently included in the Implementation Plan in advance of the date Developer is required to construct said item so long as City has given Developer no less than thirty (30) calendar days notice of its intent to proceed with design and construction. Developer further agrees that at its sole cost and expense, it shall reimburse City's actual costs within thirty (30) days of City Council approval of a notice of completion. Design and construction costs shall include but not be limited to attorneys, engineers, other professional services, fees to other public agencies, City staff time, City overhead expenses of fifteen percent (15 %) on all out of pocket and professional service costs including construction contracts. 6.43 Developer agrees to pay $400,000 to the City as a contribution to a regional funding and improvement program designed to enhance wildlife movement across the SR -118 corridor, west of Alamos Canyon. Wildlife movement enhancements may include improvements to existing crossings and /or the construction of new crossings. The payment shall be made to the City, upon determination by the City, in its sole discretion, that an SR -118 wildlife movement enhancement program or agreement has been established by Caltrans, a joint powers entity, or similar public agency empowered to fund or construct SR -118 corridor wildlife movement enhancements west of Alamos Canyon, but in no event prior to the issuance of the first market -rate residential building permit. If said contribution has not been paid by the developer at the issuance of the 1,400th market -rate -49- UQ ®q s residential building permit of the Project, developer shall provide a surety in a type and form as determined by the City in its sole discretion. The surety shall remain in place for ten (10) years or upon payment of the contribution, whichever first occurs. Commencing one year after the first market -rate residential building permit is issued, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway 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 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. In the event the Caltrans Highway Bid Price Index is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the index had not been discontinued or revised. 7. City Agreements. 7.1. The City shall commit reasonable time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Property and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by the City for, the expedited and parallel processing. 7.2. If requested in writing by Developer and limited to the City's legal authority, the City at its sole 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 Developer including any land which is outside the City's legal boundaries. Such acquisition shall be undertaken pursuant to the provisions of Section 6.26 herein, including but not limited to the City Council having the right to not use eminent domain to acquire property. -so- 0 00. 71 7.3. The City Manager is authorized to 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 all Subsequent Approvals, Project Approvals, and this Agreement 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 consistent with SP 2001 -01. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may, by resolution, declare the surety forfeited. 7.4. The City agrees that whenever possible as determined by the City at its sole discretion to process concurrently all land use entitlements for the Property so long as applications for said entitlements are deemed complete. 7.5. The City agrees that the land and improvements required under subsection 6.7. of this Agreement meets Developer's obligation for park land dedication provisions of state law and City codes. 7.6. The City agrees that upon receipt of a landowners' petition by Developer and Developer's payment of a fee, as prescribed in California Government Code section 53318, as well as payment for costs described in subsection 6.25 of this Agreement, the City shall commence proceedings to form a CFD and to incur bonded indebtedness in amounts as determined by City Council at its sole discretion to finance all or portions of the public facilities, infrastructure and services that are required by SP 2001 -01 and that may be provided pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "), including, but not limited to public utilities (and those within private roads), acquisition of the Nature Preserve and public park land, City and special district facility fees, fire station construction, and construction of the Freeway Interchange and Access Road; provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the CFD upon the conclusion of the public hearing required by California Government Code Section 53321 and /or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code Section 53345. -51- 0 0©i2 The purpose of any such CFD may also include fees for funding public facilities, infrastructure, and services that are required by SP 2001 -01 to the extent permitted by the Act as determined by bond counsel for the CFD's bond indebtedness financing. The City may select and retain bond counsel, engineers, underwriters, financial advisors, and any other professional service providers it deems necessary at its sole discretion to conduct proceedings and related services for possible formation of a CFD. The City further agrees that, to the extent permitted by the Act as determined by bond counsel, Developer may be reimbursed for costs advanced by Developer for formation and related proceedings. In the event that a CFD is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. In the event a CFD is authorized, the City agrees, to the extent permitted by law, to exclude the nature preserve, school site, public park sites, fire station site, the for -sale affordable housing units, and the affordable rental housing units from any CFD special taxes. 7.7. The City agrees to appoint an affordable housing staff person to oversee implementation of the affordable housing requirements for SP 2001 -01 required herein for the duration such units are required to be maintained as affordable consistent with the provisions of subsection 6.11 of this Agreement. 7.8. The City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map development permit or development agreement with one or more other developers. 7.9. City agrees to grant to the Ventura County Waterworks District No. 1 (District) an easement, license, or deed with a reversionary clause to City (in the event the land as deeded is not used for the specified purposes) one or more sites within PA -27 of SP 2001 -01 as City and District may mutually agree at locations -52- 000073 as generally described in the Project Approvals for construction of water storage facilities. 7.10. City agrees that the Helispot and observatory uses referenced as permitted uses within PA -27 of SP 2001- 01 will be permitted subject to a License Agreement between the City and Ventura County Fire Protection District and Ventura County Community College District, respectively. 7.11 The City acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, downpayment amounts, mortgage interest rates, and other factors for the low income and very low income buyers. Furthermore, if "affordable housing cost," as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified to achieve substantially the same result as would otherwise have been obtained had it not been changed. 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 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 the City Council. 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 the City or any successor thereof then in effect. The failure of the City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by the 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, the 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 (including any escalation or increase of such fees as contemplated herein) , shall be excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable -53- 000274 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 the City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by a restriction imposed or mandated by a governmental entity other than the City; 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 Property. Delays resulting from CalTrans processing of any permits and approvals required for the Project shall not constitute Excusable Delays. 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 the City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement. (d) fails to comply with the MMRP or the Conditions of Approval for the Project Approvals and Subsequent Approvals 11.2. Default by the City. The City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of the Agreement. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this subsection of the Agreement, the -54- 00026075 11.4. nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall include a period to cure, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if the defaulting party cannot reasonably cure the breach within the time set forth in the notice such party must commence to cure the breach within such time limit and diligently effect such cure thereafter. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature, and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. Prior to pursuing the remedies set forth herein, notice and an opportunity to cure shall be provided pursuant to subsection 11.3 herein. The remedies for breach of the Agreement by the City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by Developer shall be injunctive relief and /or specific performance. In addition, if the breach is of subsections 6.9, 6.10, 6.11, 6.12, 6.14, 6.15, 6.18, 6.19, 6.20, 6.23, 6.24, 6.28, 6.31, 6.35, 6.36, 6.37, 6.38, 6.39, and 6.40 of this Agreement, the City shall have the right to withhold the issuance of building permits to Developer throughout the Project from the date that the notice of violation was given pursuant to subsection 11.3 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 the City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. -55- 000�i6 12. Mortgage Protection. At the same time that the City gives notice to Developer of a breach, the City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to the City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to the City pursuant to this section shall have the right, at its option and insofar as the rights of the City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from the City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to the City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from the City and thereafter diligently prosecutes the same to completion. The City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale, or otherwise. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to the City and the City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, that (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) no Developer is in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. The 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. -56- 00002 d 7 14. Administration of Agreement. Except as otherwise set forth expressly herein, any discretion to be exercised or action required to be undertaken by the "City" shall be exercised or undertaken by the City Manager, unless City ordinance or state or federal law vest such discretion in another individual or body. Any decision by the 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 the City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse, or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of 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 or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of the City Council and the affected Developer. No amendment to a Project Approval or Subsequent approval 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. Notwithstanding the foregoing, a vote of the Moorpark electorate shall be required for any amendment to this Agreement or any Project Approval if required by Section 5 of the Enabling Ordinance. Further, to the extent that any amendment to this Agreement involves a change in the duration of this Agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, or any required reservation or dedication of land for public purposes, a public hearing before the planning commission, and then the City Council shall be required prior to any approval. 16. Indemnification. Developer shall indemnify, defend with counsel approved by the City, and hold harmless the 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. Developer shall indemnify, defend with counsel approved by the City, and hold harmless the City and its officers, employees, -57- 000V%J a 17 and agents from and against any action or proceeding to attack, review, set aside, void, or annul this Agreement, or any provision thereof, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Effective Date. This Agreement shall become operativ effective as a development agreement upon the effective of the annexation of the Property into the City Effective Date "). e and date ( "the 19. Term. The term of this Agreement shall begin upon the Effective Date, and shall remain in full force and effect for a term of thirty -five (35) years or issuance of the final inspection approval for the 1500th market rate unit ( "Term "), whichever occurs last unless said term is amended or this Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "G" 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 -58- 00079 hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures, or any other association of any kind or nature between the 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 the City within the period required by Chapter 15.40 of the Moorpark Municipal Code or any successor thereof then in effect. 27. Cooperation Between the 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 -59- 00®01..+13 0 Project 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. 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. Prevailing Wages. Developer understands that some of the required public infrastructure contemplated by this Agreement may require the payment of prevailing wages as required by Labor Code section 1720 et. Seq. Developer agrees to comply with the requirements therein, to the extent applicable, and further agrees to defend and indemnify the City from any and all claims, suits, or enforcement actions arising out of Developer's failure to pay prevailing wages for any aspect of the Project. 32. 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. 33. 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. -60- 000 �81- IN WITNESS WHEREOF, North Park Village, L.P., and the City of Moorpark have executed this Development Agreement on the date first above written. NORTH PARK VILLAGE, L.P. a California limited partnership i= CITY OF MOORPARK Patrick Hunter Mayor Kim John Kilkenny, its authorized representative HCR Investors, LLC a Delaware limited liability company Kim John Kilkenny, its Attorney -in -Fact -61- 0 OO2Sw EXHIBIT "A" LEGAL DESCRIPTION BOUNDARY Being portions of Tracts J and K of Rancho Simi, in the County of Ventura, State of California, as per map recorded in Book 3, Page 7 of Miscellaneous Records (Maps), in the Office of the County Recorder of said County, described as follows: Beginning at the northeast corner of Tract No. 3963 -2 as recorded in Book 112, Page 45 of Miscellaneous Records (Maps), in the Office of said County Recorder, said corner being the easterly terminus of the 85 " course of the Incorporation of the City of Moorpark as recorded in the office of said County Recorder on March 30, 1983 as Document No. 31119 of Official Records of said County; thence along the existing boundary of said City of Moorpark and the northerly line of said Tract No. 3963 -2 and the northerly line of the land shown on a Parcel Map filed in Book 19 Pages 5 and 6 of Parcel Maps, in the office of said County Recorder, North 89 °22'48" West 4619.83 feet to the easterly line of Parcel Map No. 3220 -1, filed in Book 31, Pages 75, 76 and 77 of said Parcel Maps; thence along said easterly line, North 00 °20'33" East 5311.35 feet to the southerly line of Section 22, Township 3 North, Range 19 West of said Rancho; thence along said southerly line, North 89 °35'47" West 2640.00 feet to the southeast corner of the East Half of said Section 22, being the southerly terminus of that certain course having a bearing and length of South 00 °28'50" West 5101.37 feet in the easterly line of the Deed to the State of California, recorded in Book 4219, Page 364 of said Official Records; thence along the boundary of said deed the following one - hundred courses: North 00 028150" East 5101.37 feet, North 56 °39'33" East 28.59 feet, North 70 °05'46" East 123.37 feet, South 43 °27'06" East 62.30 feet, to a tangent curve concave southwesterly having a radius of 275.00 feet, southeasterly 139.10 feet along said curve through a central angle of 28 °58'53 ", tangent from said curve South 14 °28'13" East 22.06 feet, South 16 °27'36" West 46.28 feet to a tangent curve concave easterly having a radius of 150.00 feet, southerly 91.35 feet along said curve through a central angle of 34 °53'42 ", tangent from said curve South 18 °26'06" East 29.69 feet to a tangent Revised June 14, 2005 May 17, 2002 W.O. No. 1860 -13T Page 1 of 5 H & A LD No. 5498 By: R. Williams Chk'd by: H. Foss /hb 000083 curve concave northeasterly having a radius of 40.00 feet, southerly 59.06 feet along said curve through a central angle of 84 °36'13 ", tangent from said curve North 76 °57'41" East 66.06 feet to a tangent curve concave southerly having a radius of 250.00 feet, easterly 191.06 feet along said curve through a central angle of 43 °47'19 ", tangent from said curve South 59 °15'00" East 168.27 feet to a tangent curve concave northerly having a radius of 125.00 feet, easterly 95.29 feet along said curve through a central angle of 43 °40'34 ", tangent from said curve North 77 °04'26" East 111.97 feet, North 86 °20'17" East 125.26 feet, North 53 °07'48" East 150.00 feet, North 64 °54'02" East 209.81 feet, North 56 °12'50" East 463.28 feet to a tangent curve concave southerly having a radius of 250.00 feet, easterly 176.87 feet along said curve through a central angle of 40 °32'07 ", tangent from said curve South 83 °15'03" East 211.65 feet to a tangent curve concave northerly having a radius of 200.00 feet, northeasterly 129.50 feet along said curve through a central angle of 37 °05'52 ", tangent from said curve North 59 °39'05" East 79.08 feet to a tangent curve concave northwesterly having a radius of 2000.00 feet, northeasterly 353.23 feet along said curve through a central angle of 10 °07'09 ", tangent from said curve North 49 °31'56" East 193.17 feet to a tangent curve concave southerly having a radius of 100.00 feet, easterly 68.72 feet along said curve through a central angle of 39°22'23 ", tangent from said curve North 88 °54'19" East 132.39 feet to a tangent curve concave southerly having a radius of 350.00 feet, easterly 85.75 feet along said curve through a central angle of 14 °02'14 ", tangent from said curve South 77 °03'27" East 174.90 feet to a tangent curve concave northerly having a radius of 350.00 feet, easterly 137.50 feet along said curve through a central angle of 22 °30'33 ", tangent from said curve North 80 °26'00" East 77.88 feet to a tangent curve concave southerly having a radius of 225.00 feet, easterly 151.37 feet along said curve through a central angle of 38 °32'47 ", tangent from said curve South 61 001'13" East 192.54 feet, South 66 °43'38" East 404.95 feet, South 53 °50'00" East 105.68 feet to a tangent curve concave northerly having a radius of 60.00 feet, northeasterly 75.60 feet along said curve through a central angle of 72 °11'32 ", tangent from said curve North 53 °58'28" East 58.44 feet, North 75 030'00" East 76.00 feet to a tangent curve concave northwesterly having a radius of 100.00 feet, northeasterly 97.58 feet along said curve through a central angle of 55 054'32" to a reverse curve concave southeasterly having a radius of 110.00 feet, northeasterly 111.12 feet along said curve through a central angle of 57 °52'48 ", tangent Revised June 14, 2005 May 17, 2002 W.O. No. 1860 -13T Page 2 of 5 H & A LD No. 5498 By: R. Williams Chk'd by: H. FWbbO.0v 8 4 from said curve North 77 °28'16" East 111.87 feet, North 71 °14'59" East 148.61 feet, North 71 °15'02" East 45.01 feet, South 85 059109" East 246.26 feet, North 88 018125" East 214.85 feet, South 81 °17'42" East 312.84 feet, North 83 °35'44" East 262.46 feet, South 67 °54'46" East 75.20 feet, South 56 °57'50" East 97.22 feet, South 71 °16'27" East 211.81 feet, South 69 °26'38" East 410.55 feet to a tangent curve concave northerly having a radius of 500.00 feet, northeasterly 172.80 feet along said curve through a central angle of 19 °48'04 ", tangent from said curve South 89 °14'42" East 152.59 feet to a tangent curve concave southwesterly having a radius of 250.00 feet, easterly 189.38 feet along said curve through a central angle of 43 °24'08" to a reverse curve concave northerly having a radius of 150.00 feet, easterly 167.06 feet along said curve through a central angle of 63 °48'40 ", tangent from said curve North 70 °20'46" East 75.00 feet, North 84 °03'11" East 96.52 feet, North 56 °53'19" East 164.75 feet, North 62 °11'54" East 226.74 feet, South 86 °36'49" East 232.84 feet, North 86 °14'54" East 61.13 feet, South 69 °26'38" East 59.81 feet, South 51 °54'40" East 47.01 feet, South 71 °33'54" East 56.92 feet, South 44 °43'27" East 98.53 feet, South 45 °08'10" East 81.18 feet to a tangent curve concave northerly having a radius of 225.00 feet, southeasterly 203.66 feet along said curve through a central angle of 51 °51'44 ", tangent from said curve North 83 °00'06" East 337.50 feet, North 75 °09'24" East 380.64 feet to a tangent curve concave southerly having a radius of 250.00 feet, easterly 110.73 feet along said curve through a central angle of 25 °22'36 ", tangent from said curve South 79 1128'00" East 108.87 feet to a tangent curve concave southwesterly having a radius of 800.00 feet, southeasterly 371.29 feet along said curve through a central angle of 26 °35'30 ", non - tangent from said curve North 73 °56'30" East 171.87 feet to a tangent curve concave southerly having a radius of 250.00 feet, easterly 141.89 feet along said curve through a central angle of 32 °31'06 ", tangent from said curve South 73 °3224" East 63.85 feet to a tangent curve concave northerly having a radius of 350.00 feet, northeasterly 151.30 feet along said curve through a central angle of 24 °46'06 ", tangent from said curve North 81 °41'30" East 241.90 feet to a tangent curve concave northerly having a radius of 300.00 feet, northeasterly 138.84 feet along said curve through a central angle of 26 °30'58 ", tangent from said curve North 55 °10'32" East 50.28 feet, North 67 °04'04" East 84.69 feet, North 69 °21'11" East 236.05 feet to a tangent curve concave northwesterly having a radius of 450.00 feet, northeasterly 323.23 feet along said curve through a central angle of 41 °09'19 ", tangent from said Revised June 14, 2005 May 17, 2002 W.O. No. 1860 -13T Page 3 of 5 H & A LD No. 5498 By: R. Williams Chk'd by: H. Foss/hb 0000285 curve North 28 °11'52" East 173.95 feet, North 20 °33'22" East 68.35 feet, North 21 °24'27" East 44.64 feet to a tangent curve concave southeasterly having a radius of 100.00 feet, northeasterly 141.12 feet along said curve through a central angle of 80 °51'26 ", tangent from said curve South 77 °44'07" East 64.84 feet, South 59 °26'10" East 147.49 feet, South 72 °47'02" East 222.99 feet, North 74 °30'00" East 228.02 feet to a tangent curve concave northerly having a radius of 450.00 feet, northeasterly 107.17 feet along said curve through a central angle of 13 °38'45 ", tangent from said curve North 60 °51'15" East 15.30 feet, North 69 °48'51" East 72.45 feet, South 86 °49'13" East 20.77 feet to a tangent curve concave northerly having a radius of 225.00 feet, northeasterly 135.26 feet along said curve through a central angle of 34 °26'36 ", tangent from said curve North 58 °44'11" East 36.28 feet, North 65 °04'17" East 156.59 feet to a point on a non - tangent curve concave southeasterly having a radius of 350.00 feet, a radial line to said point bears North 44 °51'50" West, northeasterly 238.39 feet along said curve through a central angle of 39 °01'28 ", tangent from said curve North 84 °09'38" East 185.67 feet, North 74 °39'00" East 52.89 feet and North 62 °06'11" East 177.02 feet to the westerly line of Section 18, Township 3 North, Range 18 West, of said Rancho Simi; thence, along said westerly line and along the westerly line of Section 19, Township 3 North, Range 18 West, of said Rancho Simi, South 0 °33'56" West 6107.93 feet to the southwesterly corner of said Section 19; thence South 89 °33'21" East 4594.55 feet along the southerly line of said Section 19; thence South 59 039143" West 186.08 feet; thence South 40 °01'49" West 326.50 feet; thence South 66 °15'02" West 546.26 feet; thence South 25 °27'44" West 465.19 feet; thence South 9 °27'44" West 304.14 feet; thence South 3 °05'39" East 370.54 feet; thence South 16 °41'57" West 730.82 feet; thence South 23 °35'41" West 474.68 feet; thence South 3 °20'02" East 461.56 feet; thence South 18 °26'06" West 252.98 feet; thence South 15 056'43" East 364.01 feet; thence South 8 °52'50" West 110.26 feet to the north line of the south half of the southeast quarter of Section 30, Township 3 North, Range 18 West of said Rancho Simi; thence along the north line of said south half, North 89 033121" West 514.44 feet to the northwest corner of said south half; thence, along the west line of said south half, South 0 °26'39" West 560.02 feet; thence South 62 °21'14" West 355.13 feet; thence South 36 °28'09" West 286.01 feet; thence South 82 °52'30" West 806.23 feet; thence South 62 °31'32" West 281.78 feet; thence South 28 °48'39" West 456.51 feet; thence South 1 050'51" West 310.16 feet; thence South 36 °05'54" West Revised June 14, 2005 May 17, 2002 W.O. No. 1860 -13T Page 4 of 5 H & A LD No. 5498 By: R. Williams Chk'd by: H. Foss/lib U0©286 594.05 feet; thence South 59 °55'53" West 219.55 feet; thence South 79 °33'45" West 386.39 feet; thence North 77 °59'19" West 480.52 feet; thence South 86 015'25" West 1072.29 feet; thence South 17°21'30" West 776.07 feet to the Boundary of the City of Moorpark as mentioned above; thence North 89 °33'21" West 844.98 feet; thence South 0 °26'39" West 660.00 feet; thence North 89 °33'21" West 2496.79 feet; thence North 9 °59'29" West 163.79 feet; thence North 62 °58'06" West 267.24 feet; thence North 25 °14'06" West 252.32 feet; thence North 41 °19'06" West 136.00 feet; thence North 65 051138" West 284.04 feet; thence North 0 °37'10" East 1844.18 feet to the Point of Beginning. Containing 3552.5 acres, more or less. The land described herein is shown on Attachment 'T', attached hereto and by this reference made a part hereof. A-2 Ro . Williams, L.S. No. 6654 License Ex p7714, s cember 31, 2005 Date: _ Y0 ANC Sv�LF Rory S. Williams Exp.12/31105 No. 54 cAj, 9TF�F CA166.�F� Revised June 14, 2005 May 17, 2002 W.O. No. 1860 -13T Page 5 of 5 H & A LD No. 5498 By: R. Williams Chk'd by: H. Foss/lib 000,2 8'7 ATTACHMENT "1" Sketch to Accompany Legal Desc?ipti.on BEING PORTIONS OF TRACTS J AND K, RANCHO SIMI 3 MR 7 SOUTHERLY LINE BOOK 4219, PAGE 364 O.R. 16 T_:_2 O O ® O o ,_WESTERLY LINE ° ' E 1/2 SEC 22, `O w T3N, R19W RANCHO SIMI C) 00 'h P,gRca 7 0 Z 'TRACTS J AND K, RANCHO SAID 3 MR 7 N N89 035'47 "W f 2640.00' 22 23 10 S89 °33'21 E 4594.55' EASTERLY LINE 27 26 P � Z PARca 0 3 P�1RC PM N0. 3220 -1 J Ni- SEC 30 31 PM 75 -77 �& TSA RiSW O P.O.B. °��gz �R 6 NE COR TR 3963 -2 0 RANCHO SM 112 MR 45 0 N 0 o �D . NORTH LINE z r") "19PMB5 &6 27 26' 3250.22' 26 25 2$ 30 —N89° 2'48" 4619.83=;' 3g 36 36 Si 8 160 37' 7 10 PMB W 18 4.18' '', I % TR NO. 3963 -2 S9C 34 t12 MR 4 TSA Ri01Y O RANCHO SM INDEX MAP O2 INDICATES SHEET NUMBER I 00{)088 ®ER & ASSOCIATES I R V I R V N E I N C BOUNDARY PLANNING ENGINEERING ■ SURVEYING Three Hughes - Irvine, CA 92618 - PH: (949) 583.1010 - FX (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA DATE: 5 -14 -02 DATE 6 -13 -05 Br T. VO eyd J. STABLEIN SCALE: 1" =3000' W.O. 1860 -13T I:\ 1860- 13T \LD \5498 \SHT01.dwg I I H &A LEGAL No. 54981 SHEET 1 OF 9 v j O NZ AC 0 < � >m W N00 °28'50 "E 5101.37' - =�� -N56 039'33 "E 28.59' !C Cl) == N70 °05'46 "E 123.37' 1 4 m z 6=34 053'42 "R= 150.00'L= 91.35' "E �+ -.0 m Q' m S18 °26'06 "E 29.69' -__, � : - S43 °27'06 62.30' A=28 °58'53" R= 275.00' L= 139.10' �, = m m y L=59.06'-' -�' 6=84 °36'13" R= 40.00' ,`_ � - z a T n CA m n cn cn -� N76 °57'41 "E 66.06' -= , �� `.��� _- S14 °28'13 "E 22.06' " =- S16 °27'36' W 46.28' j N r_ A=43 °47'19" R= 250.00' L= 191.06' - =, moo cn ,g ' ' -O m z� S59 °15'00 "E 168.27'--z--- O O n A=43 °40'34 "R = 125.00' L= 95.29v,7-' � 0- R n N77 004'26 "E 111.97'--:L--- o N86 020'17 "E 125.26' - =-;, o z 007'48 "E D mo a c Z N53 150.00'-=-'--- Z W aj cn �—i N64 °54'02 "E 209.81' -;', -- tO r M o r' `O Z m `Z '1' rr n `"� S6,° 6�, r� P Z Z C', o CZ `� P. r o lam. C'Z ° m l�Z ' "� m m sL �� A=40 °32'07" R= 250.00' L= 176.87' ` -'-' ' a a m ` 0 �� S83 °15'03 "E 211.65' r c °o 0 v Ml 6=37 005'52" R= 200.00' L= 129.50' -`` =, - m < T N59 039'05 "E 79.08'- < = = --- PQ� co O o ° 'g-. a� o• CD m 0 co 00 m O N49 031'56 "E 193.17' N o 0 n A=39 °22'23" R= 100.00' L= 68.72' -= -,. O =+ a Cr N88 °54'19 "E 132.39'_-'" CD 0 A=14 °02'14" R= 350.00' L= 85.75' -`_-I SEE SHEET 3 Z 5 N 11!�7 F- LU W C0 W W 0) ATTACHMENT "1" Sketch to Accompany Legal Description SOUTHERLY LINE BOOK 4219, PAGE 364 O.R. \\ ' \\ . "\ _ S,;,o " ,1 , / `r' in n C> 40 M 566 °4395 00 o 0o n O I %# 1) �� 11 OR O O N O to 1` N J O W � W to O } O 0o J O 117 W PO O O O N vq _ vj _ M N W O J 11 O N cD 17, O _ W W N Z `f• U) O O N O O W' O O _ N ° C:) O 00 In I� O r0 Ir LO in II N N - Z o N Z -) � 4 � N u) d I I PA.Rrrl N83° 35' 4'E , 312 ;84' v� S81 °1742 "E 00 O C8 W .b10 , Z c� DO Off. �h It i- W W 2 En W 569'26' fW 41 n . `;8 c. r r v—rL 2 OJR O®02P�0 ®ER & ASSOCIATES I R V I R V N E I N C BOUNDARY PLANNING ■ ENGINEERING • SURVEYING Three Hughes • Irvine, CA 92618 • PH: (949) 583.1o10 - FX (949) 583 -o759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA DATE: 5 -14 -02 DATE 6 -13 -05 "DSyG T. VO By. J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT03.dwg I I H&A LEGAL No. 54981 SHEET 3 OF 9 �O M 00 Lu H w .<V vc Q5 fn ^� OO• o V W Cg, h W �, I ATTACHMENT "1" Sketch to Accompany Legal Description M 0 N O 3') -00 J �_ o .``�h `n a' co Lo 00 w °u7 _ N CO co of •� / ;' �' ; ' '�° d v�O�Q�V off. ��O ry�ry O �� 00 *ry ,O acu d T rjrlC r _, O w�'j w N N SOUTHERLY LINE LO n oo r7o BOOK 4219, PAGE 364 O.R. °o - `�' N N N o 6=25 °22'36" W ,n R=250.00',---, f= L= 110.73, ��` yo,' 4� 6 , J0'* UJI ' °00'06 "E a, \3j>?go w !n \N83 337.50 38�64q°E ; ,� Ob Co' , 110 cbb O i 00 Cj PATRrr ]INS r, 1\10, / 03F-03438-2 OR 00029.1- ®HUNSAKER & ASSOCIATES I R V I N E I NC. BOUNDARY PLANNING ENGINEERING - SURVEYING Three Hughes - Irvine, CA 92618 -PR(949)583-1010 - FX: (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA DATE: 5 -14 -02 oATE 6 -13 -05 BYG T. VO e d J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT04.dwg H &A LEGAL No. 5498 SHEET 4 OF 9 N 7V v 41 � 00 W = OHO ^O 0) ATTACHMENT "1" Sketch to Accompany Legal Description wry. .•v Ob �2b SOUTHERLY LINE i N60 °02'47 "E <v '� BOOK 4219, PAGE 364 O.R. , %'17.52' O IN o ti °-10 N44 °51'50 "W drys � � RAD S86049'1 YE 20.77' `o , ` r ` ` r o W W ,� ; i i 1C\1 r'r i i t, OWes` W 80 ro a q o o Q (v� ^ 0 �� .•� 000 v r �Cb r�C/ i r O' O Cv N� ryti� vo 4i �`v �vC 00 Al IL, JJ\JS r, 1\10, OBE-0343B2 OR , , Jr r 1 1 11 n(I i M O] O CID M O O in rrr 10 Jr v U®Q09020 SEE SHEET 1 ®HUNSAKER & ASSOCIATES I R V I N E , I N C BOUNDARY PLANNING • ENGINEERING SURVEYING Three Hughes -Irvine, CA 92618 • PH: (949) 583-1010 • FX (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA. STATE OF CALIFORNIA DATE: 5 -14 -02 DATE 6 -13 -05 syD T. VO eyd J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT05.dwg I I H &A LEGAL No. 54981 SHEET 5 OF 9 ATTACHMENT 171" Sketch to Accompany Legal Description f- S89 °33'21 "E 4594.55' -- S59 °39'43 "W 186.08' LU r� LU M: 56 562 W LU !n ,yam y� o r 1 \10, J B— 3- 4 3 @ 2 0JR, N V� O> rOj N O W o JO O (T Ln W ? cD Srr 3-0 3-1 \1 1e- w Sr r J ,JJ T�r\l \JrrJ:J :JJi\iJJ 3 J `J1 \1i R 1c@W Fir >> \JCHO Slikil1 h ro w (V � O lD o d 1'7 O Ln ,o q, rn o �ni �N i cJo F. °= NORTH LINE S1/2, � SE1 /4, SEC. 30 N89 °33'21 "W -;= "W T3N, R18W RANCHO SIMI -- 514.44' --�. -- >S08 °52'50 110.26' ®� SEE SHEET 7 ®HUNSAKER & ASSOCIATES I R V I N E, I N C BOUNDARY PLANNING ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PH: (949) 583.1010 • FX: (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA DATE: 5 -14 -02 DATE 6- 13 -05eY T. VO CK-d J. STABLEIN SCALE: 1" =500' 17- 0. 1860 -13T I: \1860- 13T \LD \5498 \SHT06.dwg I H&A LEGAL No. 54981 SHEET 6 OF 9 ATTACHMENT "l" Sketch to Accompany Legai Description SEE SHEET 6 J- AJFI r r L �f N8 514.44' INS-IT, J\10, 98-0-3-4,3(6-2 ODTI. � N� O N Jr C x=30 �o Lo S -1/2 -,3- j\li R J3 \J\l zr J/% RAJA CA' D S)ANil1 �°�� JrC, r3 � °52'30 "W 806.23' TO- Ni R-],3-- \J\J S82 S62$1�� A rrI\C ( j\111 J125 J J r3 J -3 1 �h CO 3 _�2 Y; OD o� W 0 �� V) W 0� C W N N77 °59'19 "W h� �'� C J �,� Jr �. ` "- - - -- ' 480.52' T-31\11 51\N r11@-1J11 S59 5 5? 9$33 RANCHO S1j\111 0®0294 ®HUNSAKER &ASSOCIATES I R V 1 N E I N C BOUNDARY PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes - Irvine, CA 92618 - PR (949) 583.1010 - FX (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA DAM 5 -14 -02 DATE 6 -13 -05 eYG T. VO Y. J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT07.dwg H &A LEGAL No. 54981 SHEET 7 OF 9 ATTACHMENT "1" Sketch to Accompany Legal Description Pr Rrr L , r � 5'25 "W 1072.29' SEC r:- J F�r�� \JrrJ� ZSAMJ 3J W W 2 W W co 480. S N77 59.19 "w 00©02,95 ®HUNSAKER & ASSOCIATES BOUNDARY I R V I N E I N C PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PFk (949) 583.1010 - FX: (949) 583 -0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA v. DATE: 5 -14 -02 DATE 6 -13 -05 e T. VO By-. d J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT08.dwg H &A LEGAL No. 54981 SHEET 8 OF 9 N89 °33'21 "W 844.98' p) , o , � o , W W 'o° c0 _ , 3 `�� NORTH LINE OF S 1/2 '�' - - -__ OFS1 /2 OF NE 1/4 IW co SEC 36, T3N, R19W �'- CD `• - -- RANCHO SIMI cn �— N89 °33'21 "W X2496.79' -- WEST LINE OF S 1/2 OFS1 /2 OF NE 1/4 SEC 36, T3N, R19W RANCHO SIMI SOUTH LINE NW 1/4 SEC 36, T3N, R19W RANCHO SIMI 3J W W 2 W W co 480. S N77 59.19 "w 00©02,95 ®HUNSAKER & ASSOCIATES BOUNDARY I R V I N E I N C PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PFk (949) 583.1010 - FX: (949) 583 -0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA v. DATE: 5 -14 -02 DATE 6 -13 -05 e T. VO By-. d J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T I: \1860- 13T \LD \5498 \SHT08.dwg H &A LEGAL No. 54981 SHEET 8 OF 9 Il Ai W W 2 W W 0) -10 Pj\ij 5-110 ATTACHMENT " 1" Sketch to Accompany Legal Description NORTHEAST COORN R TRACT NO. 3963 -2 112 MR 45 N89 °22'48 "W 461 TRACT 1\10, 33J63J2 112 1\jlrq 45 V .d- co co w CD M 26 126 r � J -13-6 -- 42 RS 49 (83- 121207 OR) N65 °51'38 "W 284.04' __ N41 °19'06 "W 136.00'- = =___ N25 014'06 "W 252.32' - 00 F LU LLI co W W co ' SOUTH LINE NW 1/4 BOUNDARY OF THE CITY OF MOORPARK i SEC 36, T3N, R19W RECORDED 3 -30 -83 AS ' RANCHO SIMI DOC NO. 31119, OR N62 °58'06 "W 267.24'-=______ - N09 °59'29 "W 163.79' -= ' ` -N89 °33'21 "W 2496.79' — '--- _- 0000236 ®HUNSAKER &ASSOCIATES BOUNDARY 1 R V I N E I N C PLANNING ENGINEERING • SURVEYING Three Hughes - Irvine, CA 92618 • PH; (949) 583.1010 • FX (949) 583.0759 UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA. STATE OF CALIFORNIA °A 5 -14 -02 DATE 6 -13 -05 ,W,..� T. VO BYd J. STABLEIN SCALE: 1" =500' W.O. 1860 -13T 1:\ 1 860-13T\LD\5498\SHT09.dwg NA LEGAL No. 54981 SHEET 9 OF 9 0 'I I a I. North Pat1c DeiielOpmen� Agreement Exht 'B I TANK FARM 0 J � V FROM NORTHERN TANK FARM dORTH PARK VILLAGE BOUNDARY I T _L3it MATURE PFZSERVE OIL PIPELINE EXHIBIT NORTH PARK VILLAGE 0 400 800 Hunsaker & Associates Irvine, Inc. rZJ Date Preoared: 05/18/05 .: oao vb�Ma �P�h+ m missso-ewMS.ayr: 000� r,,,,,x,9 w_y,e read iuw�w�s- a „�..,,, EXHIBIT "C" PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (th and entered into as of the day of by and between NORTH PARK VILLAGE, L.P., partnership (hereinafter referred to as CITY OF MOORPARK ( "CITY "). RECITALS e "Agreement ") is made 2005, a California limited "DEVELOPER "), and the WHEREAS, Developer has received City approval Plan No. 2001 -01 (SP 2001 -01), which includes single- family housing units to be sold to qualified low income buyers, hereinafter referred to affordable housing units, and ninety (90) apartment rented to qualified low and very low income tenants; WHEREAS, on _ into a Development 2001 -01; and Agreement of Specific ninety (90) low and very as for -sale units to be and the DEVELOPER and CITY entered (Development Agreement) for SP WHEREAS, in the Development Agreement, DEVELOPER agrees to provide the ninety (90) for -sale affordable housing units to be sold to qualified low and very low income buyers at sale prices and terms and conditions as referenced in Sections 2. and 3. of this Agreement and in the Development Agreement. NOW, THEREFORE, IT IS AGREED by and between the DEVELOPER and the CITY as follows: SECTION 1. Selecting Eligible Buyers. The CITY shall be responsible for marketing the affordable units, selecting and qualifying eligible buyers for the units, and overseeing the escrow processes to sell the affordable units to low income and very low income households. In the event of termination of this Agreement, Developer shall in any event comply with the conditions of approval for any final map and Residential Planned Development (RPD) permit for PA -9 of SP 2001 -01, and all terms and conditions of the Development Agreement. SECTION 2. Terms of Sale. 2.1 The terms and conditions of the sale of the for - sale affordable housing units in SP 2001 -01 to qualified low and U®®0298 very low income buyers or City in lieu of said buyers shall be consistent with the Development Agreement. 2.2 DEVELOPER laborer's, materialman's, construction loan or other SP 2001 -01 which has been housing unit, before the unit. shall satisfy all mechanic's, supplier's, or vendor's liens and any financing affecting any unit or lot in designated for a for -sale affordable close of escrow for that affordable 2.3 DEVELOPER agrees if it sells any of the for -sale affordable housing units directly to a qualified low or very low income buyer, per Section 2.1. above, all requirements of the buyer, including, but not limited to, completion of a CITY approved homebuyer education training workshop, and CITY approved documents for the transaction, including a promissory note, deed of trust, and resale restriction agreement and option to purchase (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. 2.4 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 affordability to low and very low income households and related matters. After the sale of an affordable unit by DEVELOPER to a qualified buyer or CITY, CITY shall have sole responsibility for approving any subsequent sale of that housing unit and enforcing the Affordability Documents. DEVELOPER further agrees that CITY has the sole discretion to make all determinations on buyer eligibility including but not limited to income and household size. 2.5 The CITY shall determine at its sole discretion which of the affordable for -sale units within SP 2001 -01 will be sold to the qualified low income households and the qualified very low income households. 2.6 Developer agrees that construction of the for -sale affordable subject to subsequent City Council and one or more entitlements including subdivisions and RPD permits that will approval that will be in addition Development Agreement and this Agreement. the development and housing units shall be City staff approval of but not limited to include conditions of to provisions of the 0 0 2 SACity Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC SECTION 3. Conditions of Purchase and Sale. If a qualified low or very low income buyer is identified by the CITY prior to or at the time of completion of any one of the affordable units, and by the date on which final inspection approval is issued for said unit, DEVELOPER shall open escrow for the sale of said unit for the same Affordable Sales Price (as defined in the Development Agreement for SP 2001 -01) and subject to Section 2. above, and shall enter escrow directly with the buyer identified by CITY, and proceed to closing of said escrow. If a qualified low or very low income buyer has not been identified at the time DEVELOPER receives its final inspection approval for and an affordable unit in SP 2001 -01, CITY agrees to purchase the affordable unit required to be provided by DEVELOPER for the amount and at the time specified in the Development Agreement. SECTION 4. Quality of Construction. DEVELOPER warrants that the quality of materials and construction techniques of the for -sale affordable housing units sold to the CITY (or to qualified low or very low income buyers) shall in all manner be similar to that of single family moderate priced units constructed in City and subject to all conditions of approval for any applicable RPD permits and final maps and shall meet all Building Codes. SECTION 5. Amenities and Warranties. DEVELOPER acknowledges that the affordable units will not be occupied by the CITY but, if purchased by the CITY, will be sold to qualified low or very low income buyer(s) . DEVELOPER agrees to provide the same amenities and home warranties associated with the affordable units purchased by the CITY as the amenities and home warranties associated with single family moderate priced units constructed in the City. DEVELOPER declares that all such warranties 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 inure to the benefit of and be enforceable by such occupants. The CITY (or qualified low or very low income buyers) shall have the same choices of finish options as purchasers of other single family moderate priced units constructed in the City and final walk - through approval of condition of the unit before close of sale. Options provided to CITY or buyer(s) of the for -sale affordable housing units, shall include, but not be 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. SACity Manager \Everyone\Agreements \North Park Purchase and ale Agr 0516 2005 -wo leg format -Exh C.DOC V ' ®�" 0 SECTION 6. Defense and Indemnity. DEVELOPER agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to CITY, any action brought against it or CITY by a purchaser of a for -sale affordable housing unit for any alleged construction defects or related problems, or any action brought by any party to approve, extend or renew any permit, related actions under CEQA, any subsequent permits to implement /construct the Project and this Agreement. DEVELOPER further agrees to reimburse CITY for any court costs and /or attorneys' fees which CITY may be required by the court to pay as a result of any such action. CITY may, at its sole discretion, participate in the defense of any such action at CITY's cost, but such participation shall not relieve DEVELOPER of its obligation under this Section. SECTION 7. Waiver. DEVELOPER hereby covenants not to bring any action against CITY to (a) attack, review, set aside, void, or otherwise annul this Agreement, in whole or in part, or (b) recover any compensation or obtain any relief for any injury, damage, loss, or deprivation of any right alleged to have been sustained as a result of CITY's action on any matter related to this Agreement. SECTION 8. following shall DEVELOPER: Defaults and Remedies. Each constitute an "Event of Default" of the by the 8.1.1 Failure by the DEVELOPER to duly perform, comply with and observe any of the conditions, terms, or covenants of any subsequent approval for the ninety (90) affordable for -sale units, including but not limited to final maps and RPD permits, this Agreement, or the Development Agreement, if such failure remains uncured ten (10) days after written notice of such failure from the CITY to the DEVELOPER in the manner provided herein or, with respect to a default that cannot be cured within ten (10) days, if the DEVELOPER fails to commence such cure within such ten (10) day period or thereafter fails to diligently and continuously proceed with such cure to completion. 8.1.2 Any representation or warranty contained in this Agreement or in any certificate or report submitted to the CITY by DEVELOPER proves to have been incorrect in any material respect when made. 8.1.3 A court having jurisdiction shall have made or rendered a decree or order (a) adjudging DEVELOPER to be 4 SACity Manager \Everyone\Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 000301 bankrupt or insolvent; (b) approving as properly filed a petition seeking reorganization of DEVELOPER or seeking any arrangement on behalf of DEVELOPER under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or of any state or other jurisdiction; (c) appointing a receiver, trustee, liquidator, or assignee of the DEVELOPER in bankruptcy or insolvency or for any of its properties; or (d) directing the winding up or liquidation of the DEVELOPER, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 8.1.4 The DEVELOPER shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the DEVELOPER is diligently working to obtain a return or release of the property and the CITY's interests hereunder are not imminently threatened in the CITY's reasonable business judgment, then the CITY shall not declare a default under this subsection. 8.1.5 The DEVELOPER shall have voluntarily suspended its business or dissolved. 8.1.6 Should there occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Project or property on which Project is to be constructed, which loan is secured by a deed of trust or other instrument of record. 8.2 Liens. DEVELOPER shall pay and promptly discharge when due, at DEVELOPER's cost and expense, all liens, encumbrances and charges upon the Project or the underlying property, or any part thereof or interest therein (except the lien of any mortgage, deed of trust or other recorded instrument securing any construction or permanent financing for the Project), provided that the existence of any mechanic's, laborer's, materialman's, supplier's, or vendor's lien or right thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such contract does not postpone payment for more than forty -five (45) days after the performance 5 SACity Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 0 0 0 0 2 thereof. DEVELOPER shall have the right to contest in good faith the validity of any such lien, encumbrance or charge, provided that within ten days after service of a stop notice or ninety days after recording of a mechanic's lien, DEVELOPER shall deposit with CITY a bond or other security reasonably satisfactory to CITY in such amounts as CITY shall reasonably require, but no more than the amount required to release the lien under California law and provided further that DEVELOPER shall thereafter diligently proceed to cause such lien, encumbrance or charge to be removed and discharged, and shall, in any event, cause such lien, encumbrance or charge to be removed or discharged not later than sixty (60) days prior to any foreclosure sale. If DEVELOPER shall fail either to remove and discharge any such lien, encumbrance or charge or to deposit security in accordance with the preceding sentence, if applicable, then, in addition to any other right or remedy of CITY, CITY may, but shall not be obligated to, discharge the same, without inquiring into the validity of such lien, encumbrance or charge nor into the existence of any defense or offset thereto, either by paying the amount claimed to be due, or by procuring the discharge of such lien, encumbrance or charge by depositing in a court a bond or the amount or otherwise giving security for such claim, in such manner as is or may be prescribed by law. DEVELOPER shall, immediately upon demand therefor by CITY, pay to CITY an amount equal to all costs and expenses incurred by CITY in connection with the exercise by CITY of the foregoing right to discharge any such lien, encumbrance or charge. To the extent not paid, all costs and expenses paid by the CITY shall be a lien on the Property pursuant to Civil Code Section 2881. 8.3 Costs of Enforcement. If any Event of Default occurs, CITY may employ an attorney or attorneys to protect its rights hereunder. Subject to California Civil Code Section 1717 and statutes amendatory or supplementary thereto, DEVELOPER promises to pay to CITY, on demand, the fees and expenses of such attorneys and all other costs.of enforcing the obligations secured hereby including without limitation, recording fees, receiver's fees and expenses, and all other expenses of whatever kind or nature, incurred by CITY in connection with the enforcement of the obligations secured hereby, whether or not such enforcement includes the filing of a lawsuit. 8.4 Remedies Not Exclusive. CITY shall be entitled to enforce payment and performance of any indebtedness or obligation of DEVELOPER arising under this Agreement and to exercise all rights and powers under this Agreement or any law 6 S: \City Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 0 0 0 %*-31 0 3 now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement by court action shall prejudice or in any manner affect CITY's right to realize upon or enforce any other security now or hereafter held by CITY, it being agreed that CITY shall be entitled to enforce this Agreement and any other security now or hereafter held by CITY, as applicable, in such order and manner as CITY may in its absolute discretion determine. No remedy herein conferred upon or reserved to CITY is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by this Agreement to the CITY may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the CITY, and it may pursue inconsistent remedies. 8.5 Enforcement; Specific Performance. The CITY shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the DEVELOPER to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof. 8.6 Right of Contest. The DEVELOPER shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the CITY or the rights of the CITY hereunder. 8.7 Action at Law; No Remedy Exclusive. The CITY may take whatever action at law or in equity as may be necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the DEVELOPER under this Agreement. No remedy herein conferred upon or reserved by the CITY is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and SACity Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 0 0 0 k.3 0 as often as CITY may deem expedient. In order to entitle the CITY to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by law to be given. 8.8 Termination. The City's rights and remedies set forth herein shall include as a cumulative remedy the right to terminate this Agreement if an Event of Default is not cured, pursuant to section 8.1 herein. Such termination shall, at a minimum, require full compliance by the DEVELOPER with all terms and conditions of the Development Agreement and conditions of approval of any final maps or RPD permits applicable to the for - sale affordable units. SECTION 9. Warranty of Authorized Signatories. Each of the signatories hereby warrants and represents that he or she is competent and authorized to execute this Agreement on behalf of the party for whom he or she purports to sign. SECTION 10. Assignment. DEVELOPER agrees that CITY, at CITY's sole discretion, may assign this Agreement to the Redevelopment Agency of the City of Moorpark (AGENCY). SECTION 11. Miscellaneous. (a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, legal representatives, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, associations and /or corporations connected with them, including, without limitation, their insurers, sureties and /or attorneys. (b) Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in such action, suit or other proceeding, including any and all appeals or petitions therefrom. (c) Severability. Should any part, term or provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. SACity Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 0 0 0 � 0 .�) (d) Assistance of Counsel. DEVELOPER and CITY acknowledge that: (i) they have been represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel; and (iii) this Agreement is the result of negotiations between the Parties and the advice and assistance of their respective counsel. Each of the Parties has equally participated in the drafting and preparation of this Agreement, and it is the intention of the Parties that the construction or interpretation of this Agreement shall be made without reference to the Party who drafted any portion or particular provision of this Agreement or the relative size and or bargaining power of the Parties. SECTION 12. 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 issuance or approval of tentative or final maps, RPD permits, and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types 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. SECTION 13. Waiver of Protest Rights. DEVELOPER agrees that any fees and payments for the affordable for -sale units 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, or any other applicable state or federal law. SECTION 14. Notices. All notices and other communications which a party desires or is required to give respecting this Agreement must be in writing addressed to the recipient party at its address set forth beneath its signature to this Agreement and must be given personally (including by commercial messenger or courier) or by First Class United States Mail, postage prepaid. Notices shall be deemed to have been effectively given, if given personally, upon receipt (or upon attempted delivery if receipt is refused) , and if mailed, three (3) business days following deposit in the United States Mail. A party may change its address for notices only by a notice given in the foregoing manner. 9 SACity Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 000306 SECTION 15. Amendments and Waivers. No term or provision of this Agreement can be amended or waived, either orally or by a course of conduct, but only by an instrument in writing signed by the party against whom enforcement of such amendment or waiver is sought. SECTION 16. Entire Agreement. This Agreement and the Development Agreement for SP 2001 -01 constitute the entire agreement and understanding of the parties with respect to its subject matter and they supercede all prior and contemporaneous agreements and understandings of the parties with respect to that subject matter. Should any provision of this agreement be in conflict with any provision of the Development Agreement, the Development Agreement shall prevail. SECTION 17. Headings and Attachments. The title of this Agreement and the headings of its sections are for convenience of reference only and are not to be referred to in interpreting or construing this Agreement. However, all attachments and exhibits to this Agreement, as well as the Recitals, are a part of this Agreement. SECTION 18. Governing Law and Interpretation. This Agreement is to be governed by and construed in accordance with the laws of the State of California. This Agreement is made, entered into and executed in Ventura County, California, and any action filed in any court for the interpretation, enforcement or 10 SACity Manager \Everyone\Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 000307 other action arising from any term, covenant or condition herein shall be filed in Ventura County. CITY: CITY OF MOORPARK By Patrick Hunter Mayor Attest: By City Clerk DEVELOPER: NORTH PARK VILLAGE, L.P. a California limited partnership nlui LJU1171 ni-l-Kenny, its authorized representative HCR Investors, LLC a Delaware limited liability company By. Kim John Kilkenny, its Attorney -in -Fact City of Moorpark North Park Village, L.P. Address: 799 Moorpark Avenue 610 West Ash Street, Suite 1500 Moorpark, California 93021 San Diego, CA 92010 Attn: Kim John Kilkenny 11 S: \City Manager \Everyone \Agreements \North Park Purchase and Sale Agr 0516 2005 -wo leg format -Exh C.DOC 0 0 ® a North Park Development Agreement Exhibit D Improvements to the Collins Drive /Campus Park Drive Intersection Only Requiring City Permits 1. Add 2nd westbound left -turn lane on Campus Park Drive at Collins Drive. 2. Convert 2nd eastbound through lane on Campus Park Drive to right turn lane. 3. Modify traffic signal at Collins Drive /Campus Park Drive to provide eastbound right -turn green -arrow overlap with the adjacent northbound left -turn movement. 0 ®0to-1110 9 North Park Development Agreement Exhibit E Improvements to the Collins Drive /Campus Park Drive Intersection and the Collins Drive /SR -118 Freeway Interchange Requiring Both City and Caltrans Permits Collins Drive /Campus Park Drive Intersection 1. Convert northbound right -turn lane on Collins Drive to a free right -turn lane. Collins Drive /SR -118 Westbound Off -Ra 2. Convert SR -118 Freeway westbound off -ramp right -turn lane at Collins Drive to a free right -turn lane. Collins Drive /SR -118 Eastbound On /Off -R 3. Signalize Collins Drive /SR -118 Freeway /Los Angeles Avenue (Arroyo Drive) interchange. 4. Convert westbound through lane on Los Angeles Avenue (Arroyo Drive) to a shared through /second right -turn lane 0®®�1® North Park Development Agreement Exhibit F Nineteen Homes Backing onto Campus Park Drive and Two Homes at the Terminus of Delfen Street Legal Description Assessor Parcel Number Street Address Tract 2668, Lot 10 514 -0 -115 -605 15427 Kernvale Avenue Tract 2668, Lot 9 514 -0- 115 -615 15431 Kernvale Avenue Tract 2668, Lot 8 514 -0 -115 -625 15439 Kernvale Avenue Tract 2668, Lot 7 514 -0 -115 -635 15447 Kernvale Avenue Tract 2668, Lot 6 514 -0 -115 -645 15455 Kernvale Avenue Tract 2668, Lot 5 514 -0 -115 -655 15463 Kernvale Avenue Tract 2668, Lot 4 514 -0 -115 -665 15471 Kernvale Avenue Tract 2668, Lot 3 514 -0 -115 -675 15479 Kernvale Avenue Tract 2668, Lot 2 514 -0 -115 -685 15487 Kernvale Avenue Tract 2668, Lot 1 514 -0 -115 -695 15495 Kernvale Avenue Tract 2668, Lot 109 514 -0 -113 -015 15513 Kernvale Avenue Tract 2668, Lot 108 514 -0 -113 -025 15521 Kernvale Avenue Tract 2668, Lot 107 514 -0 -113 -035 15529 Kernvale Avenue Tract 2668, Lot 106 514 -0 -113 -045 15537 Kernvale Avenue Tract 2668, Lot 105 514 -0 -113 -055 15545 Kernvale Avenue Tract 2668, Lot 104 514 -0 -113 -065 15553 Kernvale Avenue Tract 2668, Lot 103 514 -0 -113 -075 15561 Kernvale Avenue Tract 2668, Lot 102 514 -0- 113 -085 15569 Kernvale Avenue Tract 2668, Lot 101 514 -0- 113 -095 15577 Kernvale Avenue Tract 2668, Lot 94 514 -0 -114 -255 15494 Kernvale Avenue Tract 2668, Lot 95 514 -0 -114 -265 15504 Kernvale Avenue EXHIBIT "G" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: North Park Village, L.P. 610 West Ash Street, Suite 1500 San Diego, CA 92101 Attn: Kim John Kilkenny -62- 0 010 ATTACHMENT 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, SETTING PRIORITIES FOR FILING WRTTTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California, on February 28, 2006, at which there ,kill. be submitted to the voters the following measure: Shall the Ordinance, which approves the North Park Village and Nature Preserve Project on a 3,544 acre site, approves a Specific Plan, Development Agreement, Zone Change and General Plan Amendment with a CURB (City Urban Restriction Boundary) amendment, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the City 'cun cil directs that the arguments for or against the City measure' as specified above, shall not exceed 300 words in length and shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, who is the author of the argument. Pursuant to Section 9286 of the Elections Code of the State of California, arguments :nay be changed or withdrawn by their proponents until and including the :ate fixed by the City Clerk, during the normal business hours of the City Clerk's office as posted, after which no arguments for or against the measure may be submitted to the City Clerk. The arguments may not be signed by more than five persons. The arguments shall be accompanied by the FORM OF STATEMENT TO BE FILED BY A-THOR(S) OF ARGUMENT (available from the City Clerk). SECTION 2. Pursuant to Section 9287 of the Elections Code of the State of California, if more than one argument for or more than one argument against the measure is submitted to the Citv Clerk. within the time prescribed, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters in accordance with the preference and priority named in Section 9287. In the case of receipt of more than one argument for or more than one argument against the measure, of the same preference and priority pursuant to Elections Code Section 9287, the City Clerk shall select the 0 004* 13 Resolution No. 2005 - Page 2 argument to be printed and distributed to the voters by random drawing from those arguments of the same preference and priority. SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure, with said impartial analysis being filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions. PASSED AND ADOPTED this 5th day of October, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000 ATTACHMENT 3 RESOLUT SON INC. 20 :. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS' WHEREAS, Sections 9220 and 9255 of the Elections Lode of ,Y `Mate of California authorize the City Council, by majority Vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOE; HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9255 of the -Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send a copy of an argument in favor of the measure to the authors of an argument against the measure, and a copy of an argument against the measure to the authors of an argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five persons. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten 10` calendar days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. The rebuttal arguments shall be accompanied b th y e FORM OF STATEMENT TO BE FILED BY AUTHOR S) OF ARGUMEN7 (available from the Citv Clerk). Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. ®0ok"315 Resolution No. 2005 - Page 2 SECTION 3. That the provisions of Section 1 of this resolution shall apply only to the election to be held on February 28, 2006, and shall then be repealed. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of October, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk OQO1i6 ATTACHMENT 4 Moorpark Special Municipal Election February 28, 2006 Laws in effect in 2005 {'Calendar laws updated 10/1112004) Date(s) JE minus I Action October 5 E -146 Council to Adopt Resolutions October 6 E -145 Last Day to Post Notice of Deadline for Filing Arguments October 19 E -132 Last Day to File Arguments /Must Be 14 days after Council calls Election 9Ct8ber -29 » October 31 E -122 Last Day to File Rebuttal Arguments / 10 Days after Arguments December 2 E -88 Last Day to Call Election For Ballot Measures December 7 E -83 Last Day to Withdraw Measure(s) from Ballot December 29 E -61 Last Day to Submit Precinct Consolidations to County December 29 E -61 Suggested Last Day to Designate Polling Places December 30 E -60 Suggested Last Day To Request Postage Check for Mailing of Sample Ballot Pamphlets January 19 E -40 Last Day to File Campaign Expenditure Statements - 1st Pre - election Statement January 30 E -29 Last Day to Appoint Election Officers & Polling Places January 30 E -29 First Day to Mail out Permanent Absent Voter Ballots j January 30 to February 21 E -29 to 7 Voters May Request Absentee/ Vote by Mail Ballots Regular Applications January 31 Last Day to File Campaign Expenditure Statements - Semi - Annual Statement February 7 E -21 Last Day to Mail Sample Ballots and Polling Place Notices February 13 E -15 Last Day to Register to Vote I� February 16 E -12 Last Day to File Campaign Expenditure Statements - 2nd Pre - election Statement February 17 E -11 Suggested Last Day to Post Notice - Absentee Canvass February 18 E -10 Publish Notice of Central Counting Place February 21 E -7 Last Day to Publish Notice of Election Officers & Polling Places February 21 E -7 First Day to Process Returned/Voted Absent Voter Ballots February 22 to February 28 E -6 to E Emergency/Late Absent Voting Period February 28 E ELECTION DAY February 28 E Last Day to Receive Absent Voter Ballots February 28 E Election Official to Canvass Absent Voter Ballots No Later Than March 24 E +24 Election Official to Canvass the Returns and to Declare the Results Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim CA 92806 * 714/939 -9866 * 714/939 -9870 (Rg/27/2005) www.martinchapman.com 1 scott @martinchapman.com 00®1'7 Index and Check List for Full Election Moorpark 00043:.8 Special Municipal Election February 28, 2006 Form Suggested Completion No. Item Action Date Date Preliminary Assignments Pink Information Fact Sheet / send to M &C 5 days after Fax/Mail receipt 1 Letter: Purchase of Ballots / send to M &C Mail By 10/5 2A Resolution: County Services Adopt By 10/5 3A Resolution: Calling Election Adopt By 10/5 4 Resolution: Rebuttal Arguments - optional, but if adopted, MUST be at same meeting election is called Adopt By 10/5 5 Resolution: Arguments - optional, but if adopted, SHOULD be at same meeting election is called Adopt By 10/5 9 Notice: Last Day for Filing of Arguments Post By 10/6 10 Form: Statement of Authors of Arguments / Rebuttals To Authors As required Two copies of 2A to Board of Supervisors Mail As adopted One copy of 2A, 3A to County Elections Department Mail As adopted Copies of ALL Resolutions to M &C As adopted Intermediate Assignments Impartial Analysis, Arguments, Rebuttals to M &C Fax/Mail As received Precinct Consolidations to County Elections Department Fax /Mail By 12/29 Polling Places and Precinct Consolidations to M &C By 12/29 Postage Check for Sample Ballots /send to M &C or to City Postmaster Mail By 12/30 Appoint Election Officers By 1/30 Send Election Officer Addresses & Zip codes to M &C if M &C is preparing Fax /Mail As complete Election Officer Appointment Forms and Instructions Mail By 2/13 15 Notice: Absent Voter Canvass Board Post By 2/17 14 Notice: Central Counting Place Publish /Post By 2/18 13 Notice: Election Officers and Polling Places Publish /Post By 2/21 Notice to Inspector of Absentee /Mail Ballot Voters Deliver By 2/27 Compare Absent Voter's Signatures on Return Envelopes Compare Daily After Election Day Assignments 16 Election Official's Certificate of Canvass To Council By 3/24 17A Resolution: Declaring Result of Election Adopt By 3/24 00043:.8 Moorpark 0228 2006 As Moorpark Special Municipal Election February 28, 2006 Laws in effect in 2005 (Calendar laws updated 10/1112004) New Laws Chaptered in 2004 Go Into Effect on January 1, 2005 Explaining Conventions Used in this Calendar: (§ xx, Elections Code) indicates the Elections Code section is reproduced exactly. (See §§ xx, Elections Code) indicates a paraphrase of the Elections Code section(s). A heading without a date specifically attached either has no legal deadline or the legal deadline varies. (It does not assume the deadline of the item before it). Use of the word "SUGGESTED" in a heading indicates there is no deadline or Martin & Chapman Co. is suggesting an earlier deadline than the legal deadline. Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 1 scoff @martinchapman.com U0®,11,i9 Moorpark 0228 2006 .xis Moorpark Special Municipal Election February 28, 2006 Laws in effect in 2005 (Calendar laws updated 10/1112004) Date E Minus Action October 6 E -145 Council to Adapt Resolutions Required: Resolution (or Ordinance) calling election (Form 3); Resolution to Board of Supervisors requesting county services (Form 2a) (or Form 2b if consolidating with county) Resolution authorizing rebuttal arguments if not previously adopted (Form 4); Resolution authorizing Council members to file arguments and /or directing City Attorney to write impartial analysis (Form 5); October 6 E -145 Last Day to Post Notice of Dsadline for Filing Arguments day after Council If City measures are to be submitted to the voters of the City, it is suggested that on or calls election for before this day, the Election Official fix the last day for submitting Arguments For and Against City measures and the Impartial Analysis by the City Attorney, and a notice of the measure(s) last day for filing be posted on the official bulletin board. Last day is to be fourteen (14) days after the City Council calls the election (Form 9). (See § 9286, Elections Code.) No deadline except ONCE before Election Day Election Official to Publish .Notice of'Elsction Measure(s) Only, No Candidates In case any measure is to be submitted at a special election where no candidates are to be elected, the Election Official shall publish a synopsis of the measure once. There is no deadline in the Elections Code, publish once before election day. If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places in the city (Form 11). (See § 12111, Elections Code) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 2 scoff @martinchapman.com 0 00`20 Moorpark 0228 2006 .xls ©CtetSer 1,9 >= -932 Last DAyt o RUA dilt 0 4,441y'.aftsr4'Couftpit000 Option The Election Official shall set the date for the deadline for the filing of arguments to be or 14 days after fourteen (14) days after the City Council calls the election in order to allow ample date Council puts time for the 10- calendar -day public examination period, translation, typesetting, printing and mailing to the voter. Arguments may be changed or withdrawn by their proponents measure(s) on the until and including the date fixed by the Election Official (Form 10). ballot (See §§ 9280— 9287, 9295, Elections Code.) The Election Official shall make a copy of the materials referred to in §§ 9219 (arguments), 9220 (rebuttals), 9223 (copy of ordinance), 9280 (city attorney analyses), 9281, 9282, and 9285 (arguments), available for public examination in the Election Official's office for a period of 10 calendar days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of such materials from the Election Official for use outside of the Election Official's office. The Election Official may charge a fee to any person obtaining a copy of the material, which fee shall not exceed the actual cost incurred by the Election Official in providing the copy. (See § 9295, Elections Code.) During the 10 -day examination period provided by this section, any voter of the jurisdictio in which the election is being held, or the Election Official, himself or herself, may seek a writ of mandate or an injunction requiring any or all such materials to be amended or deleted. A peremptory writ of mandate or an injunction shall be issued only upon clear and convincing proof that the material in question is false, misleading or inconsistent with the requirements of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law, (See § 9295, Elections Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 3 scoff @martinchapman.com 0®®`1L tw test Dpty tw ile R 1 Aitg rrra i -4, itt.bays =after Argun nt October 29, or 10 The last day to file rebuttal arguments if authorized by the City Council is not more than days after 10 days after primary arguments are due. (See §§ 9220, 9285, Elections Code.) Arguments are due; if the deadline falls on a weekend or a holiday, the deadline is the next business day Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 3 scoff @martinchapman.com 0®®`1L Moorpark 0228 2006 .xls E-88 Last Day to Call Etectlan For pilot Measures The earlier "Suggested Last Day" for placing measure on ballot was recommended so that Argument filing would occur 14 days later and Rebuttal filing would then fall on the deadline for submitting candidates statements. If calling election on a later date, set argument deadlines as 14 days from council action). (See §§ 1405, 1410, 1415, 9214, 9215, 9241, 9255, 11242, Elections Code.) A measure placed on the ballot may be amended or withdrawn by resolution filed with the election official by the 83rd day before the election. (See § 9605, Elections Code.) vecennver r t=oa Lasruay, to wttnaraw nneasura(s) from eanot Notwithstanding any other provision of law, whenever a legislative body has ordered that a measure or proposal be submitted to the voters of any jurisdiction at a special election, the order of election shall not be amended or withdrawn after the 83rd day prior to the election. The order of election shall be amended or withdrawn upon the filing of a resolution by the legislative body stating the specifics concerning the amendment or withdrawal. The resolution shall be filed with the election official not later than the 83rd day prior to the election. (§ 9605, Elections Code.) I. 4;:,Uac &Jay. 4,W vviau1111t -][- r714k a 4VJJWVrtV4tUVnS• tV t o nXy Last day for Election Official to file list of city voting precincts with the county elections department. (See § 10002, Elections Code.) Any county precinct with 250 or less persons registered to vote may be designated as an absentee precinct. (See § 3005, Elections Code.) uecemDer zu a -511 sugSested.Last IAy to ©esignote Polling Places Suggested last day for elections official to designate polling places (Form 13) in order to meet the deadline to mail sample ballots. The legal deadline to appoint election officers & polling places is 29 days before the election. (See §§ 15, 12241, 12286, 12302, 12304, 12280, Elections Code.) December ,30 E -sp Suggested Last Day To Request Postage Check for Mailing of Sample Ballot Pamphlets Suggested last day for elections official to request postage check from Finance Department, in order to get to the vendor in time to mail Sample Ballots and meet the mailing deadline, of 21 days before the election. Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 4 scoff @martinchapman.com Q®®32,2 Moorpark 0228 2006 .xis Last day for each candidate and each committee supporting or opposing a candidate or candidates or supporting or opposing a ballot measure or ballot measures to file campaign statements with the Election Official. The closing date is 5 days earlier. (See §§ 84200.4, 84200.7, 84200.8, 84215e, Government Code.) E -29 Last Day to Appoint Election, Officers ,& PoRiing Places Last day for elections official to appoint precinct election officers and designate polling places (Form 13). (See §§ 15, 12241, 12286, 12302, 12304, 12280, Elections Code.) Following appointment of election officers and designation of polling places, the elections official shall immediately mail or deliver to each precinct board member a "Notice of Appointment" showing the polling place and election officers in the precinct and any other matter that the election official determines. (See §§ 12307, 12319, 12321, Elections Code.) Following appointment of precinct boards, the elections official shall instruct Inspectors concerning their duties in connection with the conduct of the election. This can be done with a training class, or by sending each election officer an "Election Officer's Digest ". (See § 12309, Elections Code.) E -29 First Day to Mali out Permanent Absent Voter Ballots First day for elections official to mail Permanent Absent Voter Ballots. These voters do not have to send in an Absent Voter Application, they are on the county file as being a Permanent Absent Voter. You will have to check their signatures upon the return of the Absent Voter Ballot. (See §§ 3200, 3201, 3202, 3203, Elections Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 5 scoff @martinchapman.com 000323 Moorpark 0228 2006 .xis January 3A to E 9 to 7. oters ifs y, Request Absentool Vote by halal!. Ballots Regular Applications February 21 Between these days (both days included), any voter entitled to vote by absent voter ballot may file a written or electronic application for an absent voter ballot with the Election Official. The written application shall be signed by the applicant and shall show his place of residence. The electronic application does not need a signature. Applications received prior to the first day of the period shall be held and processed by the Election Official following the first day of the period, in the same manner as if received at that time. (See §§ 3001, 3003, 3007.7 Elections Code.) Any individual, organization, or group that distributes applications for absent voter ballots and receives completed application forms shall return the forms to the appropriate elections official within 72 hours of receiving the completed forms, or before the deadline for application, whichever is sooner. The name, address, and telephone number of any organization which authorizes the distribution of the applications shall be included on the application. Upon receipt of any absentee ballot application, which arrives within the proper time, the elections official should determine if the residence address (and signature) on the ballot application appear to be the same as that on the original affidavit of registration. The official may make this signature check upon receiving the voted ballot, but the signature must be compared before the absent voter ballot is canvassed. (Semi - Annual) Last day for each elected officer and candidates and each committee supporting or opposing a candidate or candidates and each committee supporting or opposing a ballot measure or ballot measures to file campaign statements with the Election Official. The closing date shall be December 31. (See §§ 84200, 84215e, Government Code.) February 7 E -24 Last Day, to Malteample 86116te and Polling, Place Notices Last day for the Election Official to mail to each registered voter a sample ballot and a polling place notice showing the location of the precinct polling place of the voter. (See § 13303, Elections Code.) February 13 E -15 Last Day to, Register to Vote Affidavits of registration shall be accepted at all times except during the 14 days immediately preceding any election, when registration shall cease for that election as to electors residing in the territory within which the election is to be held. Transfers of registration for an election may be made from one precinct to another precinct in the same county at any time when registration is in progress in the precinct to which the elector seeks to transfer. (See § 2107, Elections Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 6 scoff @martinchapman.com 000�4�4 Moorpark 0228 2006 As February 1 b E -12 LasMay to .ate Campaign Expenditure Statements - 2nd Pre - election Statement Last day for each candidate and each committee supporting or opposing a candidate or candidates or supporting or opposing a ballot measure or ballot measures to file campaign statements with the Election Official. The closing date shall be 5 days earlier. (See §§ 84200.8, 84215e, Government Code.) February 17 E -11 Suggested Last Day to Post Notice - Absentee Canvass The election official shall notify absentee voter observers and the public at least 48 hours in advance of the dates, times, and places where absentee ballots will be processed and counted (Form 15). February Cities hand tallying absentee ballots should post the notice no later than the Friday before the election. (See § 15104(c), Elections Code.) E -10 Publish Notice of Central Counting Flans Whenever the ballots at any election or from any precincts are to be tallied at a central place and not at the precincts, the elections official or secretary of the jurisdiction conducting the election shall specify the public place to be used and give notice thereof as follows: (a) By at least one publication in a newspaper of general circulation published in the jurisdiction where the election is to be held, provided that the publication is made at least 10 days before the day of the election. (b) If a newspaper of general circulation is not published in that jurisdiction, then by prominently posting the notice in the office of the elections official for at least 10 days before the day of the election (Form 14). (See 6 12109. Elections Code.) February 21 E -7 Last Day to Publish Notice of'EIection Officers & Rolling Places Last day for Election Official to publish the list of names of the election officers appointed and the polling places designated for each election precinct once in a newspaper in the city. If there is no newspaper of general circulation published and circulated in the city, the list shall be typewritten and copies shall be posted conspicuously within that time in at least three public places in the city (Form 13). (See §§ 12105, Elections Code; § 6061, Government Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 7141939 -9866 * Fax 7141939 -9870 (R9/27/2005) www.martinchapman.com 7 scoff @martinchapman.com 0 0025 Moorpark 0228 2006 .xls February 21 E -7 Firtt,.Doy to Process Returned/Voted A=bsent Voter Ballots Any jurisdiction having the necessary computer capability may start to process absentee ballots on the seventh day prior to the election. Processing absentee ballots includes: opening absentee ballot return envelopes removing ballots from envelopes and secrecy sleeves if used duplicating any damaged ballots preparing the ballots to be machine read /orienting corner cuts but under no circumstances may a vote count be accessed or released until 8 p.m. [or close of polls] on the day of the election. All other jurisdictions (using Hand Tally ballots) shall start to process absentee ballots at 5 p.m. on the day before the election. (§ 15101(b), Elections Code.) The Elections Official shall keep an accurate list of all voters who have received and voted an absent voter ballot at each election and compare this list with the Roster of Voters as provided in § 15278 to check whether the voter has voted more than once in any election. (See § 15111, Elections Code.) EmorgonoylLateAbsent Voting Period Between these days (both days included) any voter unable to go to the polls because of conditions resulting in his or her absence from the precinct on election day may request in a written statement, signed under penalty of perjury that a ballot be delivered to him or her. This written statement shall not be required if the absent voter ballot is voted in the office of the elections official as defined by subdivision (b) of Section 3018, at the time of the request. This ballot shall be delivered by the elections official to any authorized representative of the voter who presents this written statement to the official. (See § 3021, Elections Code.) Before the election the elections official shall send to the inspector of each precinct in his city a list of the voters in that precinct applying for and receiving ballots under the provisions of this chapter. (See § 3013, Elections Code.) February 28 E ELETU01111111111 DA The polls shall be open on the day of election between such hours as the City Council may determine, but not less than eight consecutive hours. The hours of opening and closing the polls shall be specified in the notice of election, otherwise, they shall be the same as provided for general elections. (See § 10242, Elections Code.) February 28 E Last Day to Receive Absent Voter Ballots Last day and hour Election Official or precinct board of any precinct in the city may Close of Polls receive absent voter ballots in order that they may be counted. (See § 3020, Elections Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 8 scoff @martinchapman.com 0 0® � w E' Moorpark 0228 2006 .xls The Election Official, or a canvassing board appointed by the Election Official, shall count the votes cast by absent voters. The canvassing board, if any, shall be appointed and the absent vote count shall be conducted in the manner prescribed by §§ 15101 to 15112, Elections Code (Form 15). The result of the count shall be included with the canvass of returns from the precincts. (See §§ 10261, 15101 — 15112, Elections Code.) Any jurisdiction having the necessary computer capability may start to process absentee ballots on the seventh day prior to the election. Processing absentee ballots includes: opening absentee ballot return envelopes removing ballots from envelopes and secrecy sleeves if used duplicating any damaged ballots preparing the ballots to be machine read /orienting corner cuts but under no circumstances may a vote count be accessed or released until 8 p.m. [or close of polls] on the day of the election. All other jurisdictions (using Hand Tally ballots) shall start to process absentee ballots at 5 p.m. on the day before the election. (§ 15101(b), Elections Code.) No Later Than E +,24 Et IOWOffloiall to Canvass the Return $;ond to <Decllsire, the Results March 24 § 15301 shall govern the conduct of the canvass. Upon completion of the canvass, the Election Official shall certify the results to the Council who shall no later than the fourth Friday after the election comply with the other provisions of § 10262 and 10263 (Forms 8 S 16). (See § 10262, 10263, Elections Code.) Upon completion of the canvass the council shall adopt a resolution in accordance with §§ 10263 and 10264 of the Elections Code and the Election Official shall enter in the minutes a statement of the results (Form 17). (See §§ 10263, 10264, Elections Code.) The Elections Official shall keep an accurate list of all voters who have received and voted an absent voter ballot at each election and compare this list with the Roster of Voters as provided in § 15278 to check whether the voter has voted more than once in any election. (See § 15111, Elections Code.) July 1' 4 Last laay °ta Flle Campalgn ExpOndiiture Statements - Semi- Annuall Statement (Semi - Annual) Last day for each elected officer and candidates and each committee supporting or opposing a candidate or candidates and each committee supporting or opposing a ballot measure or ballot measures to file campaign statements with the Election Official. The closing date shall be June 30. (See §§ 84200, 84215e, Government Code.) Martin 'N Chapman Co. * 1951 Wright Circle * Anaheim, CA 92806 -6028 * 714/939 -9866 * Fax 714/939 -9870 (R9/27/2005) www.martinchapman.com 9 scoff @martinchapman.com