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Home My WebLink AboutAGENDA REPORT 2020 0408 SPC CC ITEM 10GCITY OF MOORPARK,  CALIFORNIA City Council Meeting of April 8, 2020 ACTION Approved staff recommendation. BY B.Garza. G. Consider Approval of Reformation Modification to Recorded Subdivision Agreement for Tracts 5187-1, 5187-2 and 5405 and Authorize the Mayor to Execute the Agreement. Staff Recommendation: Approve Reformation Agreement to Recorded Subdivision Agreement for Tracts 5187-1, 5187-2 and 5045, and authorize the Mayor to execute the agreement. (Staff: Ky Spangler) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 04/08/2020 Special Meeting SUBJECT: Consider Approval of Reformation Modification to Recorded Subdivision Agreement for Tracts 5187-1, 5187-2 and 5405 and Authorize the Mayor to Execute the Agreement BACKGROUND On July 14, 2016, the City Council approved the Subdivision Improvement Agreement (SIA) for Tracts 5187-1, 5187-2, and 5405 between the City and K. Hovanian at Meridian Hills, LLC (K. Hov), for the Meridian Hills Residential Development Project. The SIA was approved subject to final language approval of the City Manager and City Attorney, and subject to the City Attorney’s determination on the number of SIA’s required. On March 2, 2018, the parties reached agreement on the language in one SIA covering all tracts in the development, and on May 23, 2018, the SIA was executed by K. Hov. On June 18, 2018, the SIA was recorded by the Ventura County Clerk and Recorder as Document No. 20180618-00069862-0. DISCUSSION In October 2019, it came to the attention of City staff that one of the exhibits to be recorded with the approved SIA was unintentionally omitted from the document provided to the Recorders Office. The exhibit (“Exhibit D”) depicted the Street Improvements to be constructed as part of the Meridian Hills development. In order to correct this omission, the City Attorney has prepared a Reformation Modification to the SIA that adds Exhibit “D” to the agreement recorded on June 18, 2018. K. Hov has executed the Reformation Modification and upon execution by the Mayor, the document will be forwarded for recordation. FISCAL IMPACT There is no fiscal impact associated with this action. Item: 10.G. 124 Honorable City Council 04/08/2020 Special Meeting Page 2 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Reformation Agreement to Recorded Subdivision Agreement for Tracts 5187-1, 5187-2 and 5045, and authorize the Mayor to execute the agreement. Attachment: Reformation Modification 125 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark A venue Moorpark, California 93021 Attn: City Clerk Exempt recording per Government Code Sections 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE REFORMATION MODIFICATION (TO RECORDED SUBDIVISION IMPROVEMENT AGREEMENT) This REFORMATION MODIFICATION (TO RECORDED SUBDIVISION IMPROVEMENT AGREEMENT) (the "Agreement") is dated as of , 2020, and is entered into by and between K. HOVNANIAN AT MERIDIAN HILLS, LLC, a California limited liability company ("KHMH"), and the CITY OF MOO RP ARK, a municipal corporation (the "City"). RECITALS A. KHMH and the City entered into that certain Subdivision Improvement Agreement dated in May, 2018 which was recorded on June 18, 2018 in the Official Records of Ventura County as Document 20180618-00069862-0 (the "SIA"). B. The SIA included an Exhibit "D" (Street Improvements), but Exhibit "D" was inadvertently omitted from the recorded SIA. C. KHMH and City desire to correct the inadvertent omission with respect to the recorded document. REFORMATION MODIFICATION 1. Addition of Exhibit "D" to Recorded SIA. The attached Exhibit "D" is hereby added to the recorded SIA. 2. Representation Regarding Liens. KHMH hereby represents and warrants to the City that there are no deeds of trust, judgment liens or other liens on the streets described in the attached Exhibit "D". ~L~OVNANt A~N HILLS, By: ___________ _ (Signature of authorized officer) -1- 12853-0070\235l149vl.doc ATTACHMENT 126 (Type or print name of authorized officer) (Title of authorized officer) Date: Z, · Z{p · ZcZ-0 CITY OF MOO RP ARK MAYOR Attest: Ky Spangler, City Clerk -2- 12853-0070\2351149vl.doc 127 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE ) before me, J TRUDEAU, Notary Public (insert name and title of the officer) personally appeared CHRIS COLLINS --------------------------~ who proved to me on the basis of satisfactory evidence to be the person~ whose name-es) is/Me subscribed to the within instrument and acknowledged to me that he/she/tl'ley executed the same in ~/herffileir authorized capacity(iss), and that by his/herAAeir signature~) on the instrument the person("S1, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i············f J.TRUDEAU : Notary Public -California z ~ Orange County j\'; Commission# 2214553 - My Comm. Expires Oct 14, 2021 Signature--~~=-, _,.,l-¥=----il"-9':-: ______ _ (Seal) 128 12853-0070\2351149vl.doc EXHIBIT "D" STREET IMPROVEMENTS (Attached.) -1-129 NOTE: THE INFORMATION SHOWN HEREON IS INTENDED TO SHOW THE LIMITS OF STREET IMPROVEMENTS THAT WAS COMPLETED BY WILLIAM LYON HOMES AND K. HOVNANIAN HOMES. LBOBND: f:·:·:·:·:·:·:·:·:-:-:-:-j STREETS /NSTAllED BY Will/AM LYON HOMES INCLUDING FINAL CAP ~ STREETS INSTALLED BY K. HOVNANIAN HOMES INCLUDING FINAL CAP [[] [1J CT] STREETS INSTALLED BY Will/AM LYON WITH K. HOVNANIAN TO COMPLETE FINAL CAP ASPHALT CAP INSTALLED IN 2008, DURING CONSTRUCTION. ADDITIONAL CAP /REPAIRS TO BE DONE BY K. HOVNANIAN HOMES AFTER TRACT CONSTRUCT/ON HAS BEEN COMPLETEO, " THIS SECTION TO REMAIN WITH JUST I \ BASE PAVING. CHAIN LINK FENCE WITH \ PEDESTRIAN (SIDEWALK PATH TO BE OPEN) AND LOCKABLE VEHICLE GATE \ INSTALLED AT SOUTHERN PROPERTY \ LINE OF LOT "L" GRADING, DRAINAGE AND STREET I 1/> IMPROVEMENTS TO BE DONE BY I // OTHERS. /)' // /, EXHIBITD (~ STREETS IMPROVEMENTS (1 \~ Ir;.,_ ...... ...._ I) "\~ / " \ /·:/ I\~, // "\ -(i 'l /, . . "') ~-.. . . . ,..,___ ;·. /(. ~::::............ ~,,;;;------.,~···:... .::-~~ ..... ,..___ ) ~--~-~-~-~--~ ~~-~--/: \\ -------. 2 -~j·--;--·n·---1 .... r<I I I lJ //"" // I ./ ,,_ __ _; / I 11-- 1 ) 1 I PREPARED FOR: -/-"' I K. HOVNANIAN HOMES I I 400 EXCHANGE, SUITE 200 / IRVINE, CA 92602 (714) 544-1340 PREPARED BY: • HUNSAKER & ASSOCIATES IRVINE, INC. PLANNING • ENGINEERING • SURVEYING 1hee ll>gNs • IMle, CA 92&18 • JR {9.49) 583-1010 • FX: (949) m<17SO 1;r 11 I• !~ IJ \~ I~ !~ i~ 'r-DATE: 3/2/2018 I~ -PibnEO-BY: Jean Khuu DATE! Mar. 02. 2018 04:40:17 Plrll FllE: F:\0965\Englneerlng\OA_Projact\Exh.._General\Exhlblt O_Str&ets.dwg 130