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HomeMy WebLinkAboutAGENDA REPORT 2020 0715 CCSA REG ITEM 10GCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of July 15, 2020 ACTION Approved Staff Recommendation. (Roll Call Vote: Unanimous) BY B.Garza. G. Consider Approval of Amended and Restated Easement Agreement with MB Plaza West, LLC. Staff Recommendation: Authorize the City Manager to sign the Amended and Restated Easement Agreement, subject to final language approval by the City Manager. (ROLL CALL VOTE REQUIRED) (Staff: Troy Brown) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager BY: Sean Corrigan, City Engineer/Public Works Director DATE: 07/15/2020 Regular Meeting SUBJECT: Consider Approval of Amended and Restated Easement Agreement with MB Plaza West, LLC BACKGROUND & DISCUSSION On September 1, 2011, the City entered into a Settlement Agreement with MB Plaza West, LLC, (“Mission Bell Plaza”) and other ownership interests of Mission Bell Plaza over unpaid debt to the City. Part of the Settlement Agreement included a provision for MB Plaza West, LLC, to provide an assignable easement to the City that would provide access from the undeveloped 4-acre property to the west to the signal at Leta Yancy Road through the Mission Bell Plaza parking lot (Attachment 1). This easement agreement required certain easement improvements to be completed on or before December 31, 2016, or the easement agreement would expire. On June 15, 2016, the City Council approved the first amendment to the easement agreement, extending the agreement to January 1, 2018. On November 1, 2017, the City Council approved the second amendment to the easement agreement, extending the agreement to January 1, 2020. The owner of the Mission Bell Plaza (Tourmaline Capital) has notified the City of their intent to reuse and redevelop their existing site. As Tourmaline Capital contemplates what potential uses may be and initiates various iterations of design, they have indicated that the proposed easement in the current location may not provide adequate circulation on their property and are requesting flexibility in siting the easement. During the month of December 2019, staff and Tourmaline Capital engaged in discussions concerning the location of the easement seeking to find an alignment that allows for redevelopment options of the Mission Bell Plaza. There is no dispute that the Settlement Agreement requires the easement, it is simply the ultimate final location of said easement that was the subject of discussions between the City and Tourmaline Capital. Item: 10.G. 249 Honorable City Council 07/15/2020 Regular Meeting Page 2 In order for the easement to be placed on the Mission Bell Plaza property, the Settlement Agreement required the construction of improvements on the Mission Bell Plaza side. These improvements included removal of the wall on the westerly edge of the property at the easement location to facilitate ingress/egress of vehicles, repairs to curb and gutter abutting the easement, and the removal of various planters. Because the easement improvements on the Mission Bell Plaza site did not occur prior to the expiration of the easement agreement on January 1, 2020, the easement agreement expired. The improvements did not occur due to the need not being necessitated by virtue of having an approved development project for the 635 Los Angeles Avenue which would be required, as a condition of approval to use the easement for ingress/egress of vehicular traffic into their site. The entitlement process for the Kozar/Grand Moorpark/Sky Line 66 LLC were not completed by January 1, 2020 however the project did receive final approval from the City Council. Staff, the City Attorney, and Tourmaline Capital have negotiated an Amended and Restated Easement Agreement that provides flexibility in citing a location for the actual easement, which Kozar/Grand Moorpark/Sky Line 66 LLC are required to obtain as a Condition of Approval for their project. The condition states, “Prior to issuance of the first building permit for construction of a residential unit, Applicant shall provide the Community Development Director with evidence of a recorded easement allowing access between the project and Mission Bell Plaza shopping center in perpetuity. If the location of the easement requires modification to building and/or access road locations, but the approved number of units has not changed, the Community Development Director may evaluate and approve an alternative access design between the project and Mission Bell Plaza shopping center as a permit adjustment to the Residential Planned Development Permit.” The Amended and Restated Easement Agreement sites the easement in two potential locations, each of which would align with the adjacent Green Island Villas project. Tourmaline Capital shall have until January 21, 2021, to select a location for the Mission Bell Plaza Property Easement which shall be either First Potential Easement (which was the original easement location) or choose a Second Potential Easement location. Also, as previously mentioned, the Green Island Villas project is conditioned to obtain the actual easement per that project’s Conditions of Approval. Each of the property owners are working together, with the City on siting the easement. Both locations identified in the Amended and Restated Easement Agreement provide sufficient ingress and egress for the Green Island Villas Project as originally contemplated. The proposed project on the adjacent approximately 4-acre property (Green Island Villas/Manny Kozar) was approved by the City Council on February 19, 2020. The Council directed staff to attempt to negotiate a reciprocal parking agreement between the Green Island Villas Project and Mission Bell Plaza to facilitate additional parking for guests. The Easement Agreement with Mission Bell Plaza is complete and staff has initiated discussions with Tourmaline Capital on a reciprocal parking agreement. Those negotiations are not required as the terms of such a Reciprocal Parking Agreement are 250 Honorable City Council 07/15/2020 Regular Meeting Page 3 not required as part of the original Settlement Agreement between the City and Mission Bell Plaza, and negotiations on the Amended and Restated Easement Agreement are completed. In addition, the Easement Agreement between the parties is not the appropriate document to codify a reciprocal parking agreement. Tourmaline Capital has expressed their interest in the potential re-use of a portion of their existing plaza. No formal designs have been submitted; however, once Tourmaline Capital submits an application requesting a proposed change in use on any portions of their property, the City will be in a position to require a reciprocal parking agreement between the Mission Bell Plaza and Green Island Villas Project. FISCAL IMPACT There is no fiscal impact associated with the action. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Authorize the City Manager to sign the Amended and Restated Easement Agreement, subject to final language approval by the City Manager. Attachment: Amended and Restated Easement Agreement 251 ATTACHMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk Exempt recording per Government Code Sec. 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE AMENDED AND RESTATED EASEMENT AGREEMENT This AMENDED AND RESTATED EASEMENT AGREEMENT (this “Agreement”) is dated as of ________________, 2020, and is entered into by and between MB PLAZA WEST LLC, a California limited liability company (“Mission Bell”), and the CITY OF MOORPARK, a municipal corporation (the “City”), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) Mission Bell is the owner of certain property located in the City of Moorpark, California, and more particularly described on Exhibit A attached hereto (the “Mission Bell Property”). (b) The Mission Bell Property abuts certain property consisting of approximately 4 acres which is located to the west of the Mission Bell Property along Los Angeles Avenue (State Route 118) and which abutting property is more particularly described on Exhibit B attached hereto (the “Abutting Property”). (c) The City, the Redevelopment Agency of the City of Moorpark, Mission Bell West, LP, a California limited partnership (“Mission Bell West”), and certain other parties have entered into that certain Settlement Agreement and Mutual Release (the “Settlement Agreement”), dated as of September 1, 2011. (d) As a material inducement to and consideration for the entry by the City into the Settlement Agreement, Mission Bell (as successor-in-interest to Mission Bell West) and the City entered into that certain Easement Agreement dated September 1, 2011, which was recorded on October 13, 2011 in the Official Records of Ventura County as Document 20111013-00152643-0 (the “Original Terminated Easement”), which was amended by that certain Amendment to Easement Agreement dated July 22, 2016, executed by Mission Bell and the City and recorded on August 8, 2016 in such Official Records as Document 20160808- 00111686-0, and that certain Second Amendment to Easement Agreement dated November 15, 2017, executed by Mission Bell and the City and recorded on November 24, 2017 in such Official Records as Document 20171124-00152630-0 (collectively, the “Terminated Easement”). (e) The Terminated Easement terminated in accordance with Section 2 thereof because the City had not constructed the Mission Bell Easement Improvements (defined in Section 4 of the Original Terminated Easement) on or before January 1, 2020. (f) Mission Bell and the City desire to enter into this Agreement, establish a new easement right to be located on certain portions of the Mission Bell Property, and create certain rights and obligations between the parties, all as more particularly described herein. Page 1 of 13 12853-0001\2392528v2.doc 252 2. Grant, Selection and Terms of Easement. (a) For good and valuable consideration, the receipt and sufficiency of which is acknowledged by Mission Bell, from and after the Mission Bell Easement Improvements Completion Date (as hereinafter defined), Mission Bell grants to the City, for the sole benefit of its assigns (to the extent permitted under this Agreement), an easement for the sole purpose of pedestrian, bicycle, and vehicular access, ingress and egress to and from Los Angeles Avenue and on, over and across a portion of the Mission Bell Property to and from the Abutting Property, as more particularly described herein. Only except as reasonably required in connection with the construction of the Mission Bell Easement Improvements (as defined and described in Section 4), the Mission Bell Property Access Easement (defined hereinafter defined) may not be used for the passage of the City’s (or its duly authorized agents’) or the Abutting Property owner’s construction and/or maintenance vehicles. The Mission Bell Property Access Easement granted in this Section 2(a) is non-exclusive, and Mission Bell reserves the right to make any use of the Mission Bell Property Access Easement that does not materially interfere with the City’s free use and enjoyment thereof. Mission Bell agrees that no trees, shrubs or other vegetation, buildings, fences, walls or other structures or similar obstructions of any kind will be installed, constructed, erected, placed, planted or maintained on the Mission Bell Property Access Easement without the prior written consent of the City or the owner of the Abutting Property (whichever party then holds the subject easement rights under this Agreement), which shall not be unreasonably withheld, conditioned or delayed. Mission Bell shall at all times, and at it sole expense (except as provided in Section 2(b) below), keep and maintain the Mission Bell Property Access Easement in good condition and repair, including, without limitation, the making of any necessary (as determined Mission Bell) pavement repairs, resurfacing or replacements. Unless construction of the Mission Bell Easement Improvements (as described in Section 4) has been completed on or before January 1, 2022, the Mission Bell Property Access Easement and this Agreement shall be null and void and of no force or effect whatsoever. (i) Mission Bell shall have until January 21, 2021 (the “Selection Date”), to select in its sole and absolute discretion a location for the Mission Bell Property Access Easement as between the location shaded and labeled “Mission Bell Property Access Easement” on Exhibit C-1 hereto (the “First Potential Easement Location”) and Exhibit C-2 hereto (the “Second Potential Easement Location”). Each of the First Potential Easement Location and the Second Potential Easement Location is an “Easement Location”. Mission Bell shall provide written notice to the City of the Easement Location that Mission Bell selects (the “Selected Easement Location”) on or before the Selection Date. As soon as reasonably practicable thereafter, the parties shall record an amendment to this Agreement that attaches to it (A) the site plan of the Selected Easement Location (the “Selected Easement Location Site Plan”) and (B) the legal description of the Selected Easement Location (“Legal Description of the Selected Easement Location”). Thereafter, the term “Mission Bell Property Access Easement” and all references thereto in this Agreement shall mean and refer to the “Mission Bell Property Access Easement” appearing on the Selected Easement Location Site Plan and legally described on the Legal Description of the Selected Easement Location. Mission Bell’s failure to notify the City in writing of the Selected Easement Location on or before the Selection Date shall be deemed to be Mission Bell’s election of the First Potential Easement Location. (ii) After the Selection Date, Mission Bell shall have the right, at any time and from time to time, in its sole and absolute discretion, to request that City staff submit to the City Council, for consideration by the City Council (the “Relocation Request”) the Mission Bell Property Access Easement from the Selected Easement Location to the non-selected Easement Location (the “Relocated Easement Location”). If Mission Bell so elects to exercise the Relocation Request, then Mission Bell shall provide written notice to the City of the same, and if the City Council approves such relocation, such relocation shall be at Mission Bell’s sole cost and expense. As soon as reasonably practicable after any such City Council approval, the parties shall record an amendment to the Easement that deletes (A) the Selected Easement Location Site Plan in its entirety and replaces it with the site plan of the Relocated Easement Location (the “Relocated Easement Location Site Page 2 of 13 253 Plan”) and (B) the Legal Description of the Selected Easement Location in its entirety and replaces it with the legal description of the Relocated Easement Location (“Legal Description of the Relocated Easement Location”). Thereafter, the term “Mission Bell Property Access Easement” and all references thereto in this Agreement shall mean and refer to the “Mission Bell Property Access Easement” appearing on the Relocated Easement Location Site Plan and legally described on the Legal Description of the Relocated Easement Location. (iii) As used herein, the term “Mission Bell Property Access Easement” shall mean and refer to the easement granted in Section 2(a) hereof and that portion of the Mission Bell Property on, over and across which the Mission Bell Property Access Easement is located. (b) Notwithstanding the foregoing or any other provision in this Agreement to the contrary, Mission Bell shall have the right to excavate or conduct construction activities on, over, upon and under the Mission Bell Property Access Easement in connection with the installation, operation, maintenance, repair, replacement, relocation and/or removal of any utility or service facilities affecting or impacting the Mission Bell Property or any other property commonly owned by the owner of the Mission Bell Property, in which event such excavation or construction activities shall be prosecuted diligently to completion; and further provided that Mission Bell shall provide advance notice of such work to the City (or its permitted assign). The person causing such excavation or construction activities to be made shall forthwith, upon completion thereof, restore any portion of the Mission Bell Property Access Easement affected thereby to the same condition as existed prior to the commencement of such installation or construction activities using the same type and quality of materials as previously used. During any such excavation or construction activities, pedestrian, bicycle, and vehicular access, ingress and egress to and from Los Angeles Avenue and the Abutting Property, through a lane at least fourteen (14) feet wide, shall be maintained across the Mission Bell Property whether through the Mission Bell Property Access Easement or other portions of the Mission Bell Property. (c) Commencing upon the completion of the Mission Bell Easement Improvements, the City or the owner of the Abutting Property (whichever party then holds the subject easement rights under this Agreement) shall pay to Mission Bell the sum of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) per year as its share (the “Abutting Owner’s Share of Maintenance Costs”) of the costs for maintaining, repairing and replacing the improvements on the Mission Bell Property Access Easement, which amount shall be paid by such party to Mission Bell within ten (10) days following the date on which the City completes the Mission Bell Easement Improvements (the “Mission Bell Easement Improvements Completion Date”), and on or before each anniversary of such date thereafter. The first payment of the Abutting Owner’s Share of Maintenance Costs shall be accompanied by a letter to Mission Bell from the City stating the Mission Bell Easement Improvements Completion Date. The Abutting Owner’s Share of Maintenance Costs shall increase by fifteen percent (15.0%) of the amount of such costs then in effect on every five (5) year anniversary of the Mission Bell Easement Improvements Completion Date. In the event the City or the owner of the Abutting Property (whichever party then holds the subject easement rights under this Agreement) fails to timely pay the full amount of the Abutting Owner’s Share of Maintenance Costs under this Agreement, and such failure continues for more than thirty (30) days following written notice to both the owner of the Abutting Property and the City (even following assignment of the Mission Bell Property Access Easement pursuant to Section 3 hereof), then the City or the owner of the Abutting Property (whichever party then holds the subject easement rights under this Agreement) shall be considered to be in default under this Agreement (an “Abutting Owner Default”). In such event, Mission Bell shall have the right, in its sole and absolute discretion, to terminate this Agreement and the easements hereunder upon written notice to the City or the owner of the Abutting Property (whichever party then holds the subject easement rights under this Agreement), in which event, upon such notice, this Agreement and the easements Page 3 of 13 254 contained herein (including the Abutting Property Access Easement described in Section 3) shall be null and void and of no further force or effect whatsoever. 3. City’s Right to Assign Easement. Except as provided in this Section 3, the Mission Bell Property Access Easement may not be assigned or otherwise transferred by the City. The Mission Bell Property Access Easement may be assigned by the City only to the owner of the Abutting Property (whereupon it will become an easement appurtenant to the Abutting Property) only if the owner of the Abutting Property concurrently grants to Mission Bell a reciprocal, non-exclusive easement (the “Abutting Property Access Easement”) for pedestrian, bicycle, and vehicular access, ingress and egress to and from Los Angeles Avenue and on, over and across a portion of the Abutting Property to and from the Mission Bell Property, which easement is appurtenant to the Mission Bell Property. The Abutting Property Access Easement shall be set, forth in a recordable agreement reasonably satisfactory to Mission Bell containing provisions substantially similar (as they pertain to the use and management of the Abutting Property Access Easement) as are contained in this Agreement. The Abutting Property Access Easement: (a) Must be twenty-eight (28) feet wide at the common property line between the Abutting Property and the Mission Bell Property. (b) Shall be connected to the Mission Bell Property Access Easement at the common property line as depicted on Exhibit D attached hereto, unless Mission Bell elects to exercise a Relocation Request pursuant to and in accordance with Section 2(a)(ii) hereof and the City Council approves the relocation. (c) Shall provide that the owner of the Abutting Property restricts itself from making use of the Abutting Property Access Easement in a manner that materially interferes with Mission Bell’s free use and enjoyment of the Abutting Property Access Easement, and also provides that no trees, shrubs or other vegetation, buildings, fences, walls or other structures or similar obstructions of any kind will be installed, constructed, erected, placed, planted or maintained on the Abutting Property Access Easement without the prior written consent of Mission Bell, which consent shall not be unreasonably withheld, conditioned or delayed. Such provisions shall be substantially similar to the provisions applicable to Mission Bell with respect to the Mission Bell Property Access Easement. (d) Shall provide that the owner of the Abutting Property will keep and maintain the Abutting Property Access Easement in good condition and repair, including, without limitation, the making of any necessary pavement repairs, resurfacing or replacements (as determined by the owner of the Abutting Property). (e) Shall provide that the Abutting Property Access Easement not be used for the parking of vehicles. 4. Easement Improvements. Subject to the provisions of this Section 4, the City, or its duly authorized agents, will perform all work necessary to construct and install common area/parking lot improvements to connect the existing improved portions of the Mission Bell Property Access Easement through to the end of the Mission Bell Property Access Easement that currently does not contain such improvements (i.e., to the property line with the Abutting Property), open the wall between the Mission Bell Property and the Abutting Property and join together the Mission Bell Property Access Easement and the Abutting Property Access Easement in the area marked on Exhibit D as “Location of Proposed Driveway Extension”, as follows: remove existing improvements in the Location of Proposed Driveway Extension, including, but not limited to, block wall, planters, curbing, irrigation and landscaping, and replace with new curbing, irrigation tie-ins, and asphalt (collectively, the “Mission Bell Easement Improvements”). Page 4 of 13 255 (a) Notwithstanding anything to the contrary contained in this Agreement, the Mission Bell Easement Improvements shall be performed in strict accordance with detailed plans and specifications prepared by the City (or its duly authorized agents) and approved in advance, in writing, by Mission Bell, which approval shall not be unreasonably withheld, conditioned or delayed. All costs and expenses of constructing the Mission Bell Easement Improvements shall be borne by the City, including, without limitation, landscaping, plan preparation, permit fees, and engineering expenses. Construction of the Mission Bell Easement Improvements within the Mission Bell Property shall be completed in a timely manner (pursuant to a schedule mutually approved by the City and Mission Bell, which approval shall not be unreasonably withheld, conditioned or delayed), and shall be performed by duly licensed and bonded contractors. (b) All construction activities within the Mission Bell Property shall be performed in a good and workmanlike manner, using first class materials, and in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state and federal governments, or any department or agency thereof, having jurisdiction over the Mission Bell Property. (c) All such construction activities shall be performed so as not to unreasonably interfere with any construction work being performed on the remainder of the Mission Bell Property, or any part thereof, and so as not to unreasonably interfere with the use, occupancy or enjoyment of the remainder of the Mission Bell Property, or any part thereof, or the business conducted by any occupant thereof. All staging in connection with the performance of the work for the Mission Bell Easement Improvements shall be on the Abutting Property or, if permitted by Mission Bell (which permission shall be granted or denied in Mission Bell’s sole and absolute discretion) in an area of the Mission Bell Property designated by Mission Bell (in Mission Bell’s sole and absolute discretion). Notwithstanding the foregoing, prior to an assignment of the Mission Bell Property Access Easement pursuant to Section 3 hereof, any staging in connection with the performance of the work for the Mission Bell Easement Improvements by the City or its duly authorized agents shall be permitted by Mission Bell in a reasonably proximate area of the Mission Bell Property designated Mission Bell and such permission and designation shall not be unreasonably withheld, conditioned or delayed. Any such staging area on the Mission Bell Property shall be available only during such time as the Mission Bell Easement Improvements are being constructed and Mission Bell so permits. (d) The City shall diligently complete all construction activities and other work related to the Mission Bell Easement Improvements as quickly as reasonably possible (and, in all events, no later than as provided in the mutually-approved construction schedule referenced in Section 4(a) above), shall regularly clean the roadways and driveways used by its construction vehicles of mud, dirt and construction debris, and upon completion of all construction activities shall promptly restore such affected roadways and driveways to a condition which is equal to or better than the condition which existed prior to the commencement of such work. (e) The City shall indemnify, defend and hold harmless Mission Bell and all occupants of the Mission Bell Property from and against any and all claims, losses, damages, liabilities, injuries, costs and expenses, including, without limitation, reasonable attorneys’ fees, because of personal injury or death of persons or destruction of property arising from, as a result of or in connection with the construction of the Mission Bell Easement Improvements by the City (or its authorized agents), except for claims caused by the negligence or willful misconduct of such indemnified party. 5. Notices. Any notice, demand, request or other communication required or permitted to be given to another hereunder shall be in writing, signed by the party giving the notice, and shall be given by delivering the same in person, by a recognized overnight courier service which maintains delivery records (such as Federal Express) or by depositing the same in the United States mail, registered or certified, return receipt requested, Page 5 of 13 256 first class postage, and postage prepaid. Personal service and service by recognized overnight courier service will be deemed to be complete upon receipt, and service by mail will be deemed complete upon the date the return receipt is signed by the addressee. All notices shall be sent to the respective mailing addresses of the parties hereto at the following addresses, until such addresses are changed as hereinafter provided: Mission Bell: Mission Bell West LLC Attn: Jonathan Cheng 402 W Broadway, Suite 780 San Diego, CA 92101 City: City of Moorpark Attn: City Manager 799 Moorpark Avenue Moorpark, CA 93021 Any party may change its mailing address at any time by giving written notice of such change to the other parties in the manner provided herein at least ten (10) days prior to the date such change is effective. 6. No Dedication to Public. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Mission Bell Property or the Abutting Property to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. 7. Attorneys’ Fees. In the event that, at any time after the date of this Agreement, any party hereunder shall institute any action or proceeding against the other relating to the provisions of this Agreement or any default hereunder, the party not prevailing in such action or proceeding (as determined by determined by the court, agency, arbitrator or other authority before which such action or proceeding is commenced) shall reimburse the prevailing party for its reasonable attorneys’ fees, and all reasonable fees, costs and expenses incurred in connection with such action or proceeding, including, without limitation, any post-judgment fees, costs or expenses incurred on any appeal or in collection of any judgment. 8. Additional Provisions. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and it supersedes all prior or contemporaneous agreements and understandings, whether written or oral, of the parties with respect to its subject matter. This Agreement is to be construed and enforced in accordance with the internal laws of the State of California, without regard to principles of conflicts of law. This Agreement is binding upon and inures to the benefit of the successors and assigns of the parties. The parties have executed this Agreement as of the date first set forth above. MB PLAZA WEST LLC, a Delaware limited liability company By: Jonathan Cheng, President CITY OF MOORPARK By: Name: ________________________ Title: _________________________ Page 6 of 13 257 CALIFORNIA ALL PURPOSE 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 LOS ANGELES On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public Page 7 of 13 258 CALIFORNIA ALL PURPOSE 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 LOS ANGELES On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public Page 8 of 13 259 EXHIBIT A Legal Description of the Mission Bell Property PARCEL A: PARCELS 1 TO 7 INCLUSIVE IN PARCEL MAP NO. 4961, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 55, PAGES 55 TO 57 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF FIVE HUNDRED FEET (500’) UNDER SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY IRENE GISLER, AKA MARGARET IRENE GISLER AS EXECUTRIX OF THE WILL OF ADOLPH EDWARD GISLER, DECEASED IN THE DEEDS RECORDED JANUARY 16, 1974 IN BOOK 4212, PAGES 917 AND 920 BOTH OF OFFICIAL RECORDS AND EVA LOUISE BIRKENSHAW MCGUIRE, ET AL., IN DEED RECORDED SEPTEMBER 16, 1988 AS DOCUMENT NOS. 88-135045, 88- 135047, 88-135049, 88-135050 AND 88-135052 ALL OF OFFICIAL RECORDS. PARCEL B: ALL EASEMENTS, RIGHTS AND PRIVILEGES CONTAINED IN THAT CERTAIN DECLARATION OF RESTRICTIONS AND CONVEYANCE OF EASEMENTS RECORDED OCTOBER 4, 1993 AS INSTRUMENT NO. 93-184525 AND IN THAT CERTAIN DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED AUGUST 17, 1995 AS INSTRUMENT NO. 95-098489 OF OFFICIAL RECORDS. Page 9 of 13 260 EXHIBIT B Legal Description of Abutting Property All that certain real property situated in the County of Ventura, State of California, described as follows: Part of Lot “P” as the same is designated and delineated upon that certain Map entitled, “Map of a part of Tract “L” of the Rancho Simi, in the City of Moorpark, County of Ventura, State of California, showing the Townsite of Moorpark and lands of Madeleine R. Poindexter and recorded in the Office of the County Recorder of said Ventura County, in Book 5 of Miscellaneous Records (Maps), Page 5 and more particularly described as follows: Beginning at the intersection of the Southerly prolongation of the most Easterly line of Tract No. 1240; according to the Map thereof recorded in Book 30 Page 56 of Maps with the Centerline of Los Angeles Avenue, 60 feet wide, as said Avenue is shown on last mentioned Map; thence along said Southerly prolongation. 1st: North 0° 04’ East 429.99 feet more or less to the Southeasterly corner of said Tract No. 1240, being the Southeasterly corner of Lot 44 of said Tract No. 1240; thence along the Southerly line of said tract, 2nd: North 89° 59’ 15” West 470.67 feet to the Northeasterly corner of Lot 51 of said Tract No. 1240; thence along the Easterly line and Southerly prolongation thereof. 3rd: South 0° 04’ West 429.99 feet to the said Centerline of Los Angeles Avenue; thence along said Centerline, 4th: South 89° 59’ 15” East 470.67 feet to the point of beginning. Except therefrom the Interest conveyed to the County of Ventura by deed recorded June 6, 1889 in Book 28 Page 190 of Deeds, and by deed recorded November 8, 1900 in Book 68 Page 316 of Deeds. Also except therefrom that portion of said land described in a deed to the City of Moorpark, recorded August 12, 1988 as Instrument No. 88-115140 of Official Records. Page 10 of 13 261 EXHIBIT C-1 First Potential Easement Location -11- 262 EXHIBIT C-2 Second Potential Easement Location -12- 263 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Amended and Restated Easement Agreement dated ____________, 2020, from MB PLAZA WEST, LLC, a California limited liability company, to the City of Moorpark, which is a political corporation, is hereby accepted by the undersigned officer on behalf of the City of Moorpark pursuant to the authority conferred by action of the City Council of the City of Moorpark on , 20___, and the grantee consents to recordation thereof by its duly authorized officer. Dated: , 2020 _________________________________ Troy Brown, City Manager State of California ) County of Los Angeles ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 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. -13- 264