HomeMy WebLinkAboutRES CC 2021 4003 2021 0421RESOLUTION NO. 2021-4003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING PHASE II
LANDSCAPE IMPROVEMENTS INTO LANDSCAPE
MAINTENANCE DISTRICT 20 (ASSESSMENT DISTRICT
07-02) AS COMPLETE
WHEREAS, on February 6, 2002, the City Council approved Resolution No. 2002-
1938 for Residential Planned Development (RPO) 99-02 and Vesting Tentative Tract
5187, which allowed West Pointe Homes to construct the Meridian Hills housing project
("Project") within the City of Moorpark; and
WHEREAS, subsequent to that approval, West Pointe Homes sold the Project to
William Lyon Homes in 2003; and
WHEREAS, William Lyon Homes submitted Tentative Tract Map 5405 and RPO
2003-1, in compliance with Section 6.11 of the Development Agreement, which were
approved by Resolution 2003-2111 on August 20, 2003; and
WHEREAS, William Lyon Homes sold the Project to ORA Ashford 94, LLC, ORA
Marquis 89, LLC, and ORA Brighton 17, LLC (collectively, ORA Ashford), as managed
by the Resmark Companies, in 2008; and
WHEREAS, the conditions of approval of Tract 5187 and RPO 99-02 and Tract
5405 and RPO 2003-1 required construction of certain landscaping improvements within
the tract and formation of an assessment district (Assessment District No. AD-07-02)
within the tracts to fund the costs of City maintenance of these landscape improvements
at such time as the maintenance is taken over by the City; and
WHEREAS, William Lyon Homes constructed some of the Landscape
Improvements in Tract 5187, and Lot C of Tract 5405, prior to sale to ORA Ashford
(Phase I Landscape Improvements), and references to Phase I Landscape
Improvements in this Resolution are solely referring to the portion of the Landscape
Improvements completed by William Lyon Homes and not the phasing of the Final Map
for Tract No. 5187; and
WHEREAS, ORA Ashford was responsible for those Phase I Landscape
Improvements; and
WHEREAS, in 2014 ORA Ashford sold the Project to K. Hovnanian at Meridian Hills, LLC
(K. Hovnanian); and
WHEREAS, by separate Agreement, entitled "Agreement for the Acceptance of
ORA Ashford Maintained Landscape Areas in the Meridian Hills Development into
Assessment District AD-07-02, Payment for Certain Landscape Improvements, and
Termination of ORA Ashford's Remaining Obligations under a Development Agreement,"
the City and ORA Ashford reached agreement on the terms and conditions by which the
City would accept the Phase I Landscape Improvements into AD-07-02; and
Resolution No. 2021-4003
Page2
WHEREAS, on February 6, 2019, the City Council adopted Resolution 2019-3786
accepting the Phase I Landscape Improvements and assumed the responsibility to
maintain such improvements, effective March 1. 2019; and
WHEREAS, K. Hovnanian has requested that the City take over the maintenance
obligations for the Phase II Landscape Improvements; and
WHEREAS, in order to take over the maintenance obligations of the Phase II
Landscape Improvements, the City Council must accept the improvements in their current
condition into Assessment District No. AD-07-02.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Moorpark hereby accepts the Phase II Landscape
Improvements detailed in Attachment 1 in their current condition pursuant to RPO 99-02
and RPO 2003-1 and authorizes the City to assume the responsibility to maintain such
improvements, effective May 1, 2021.
SECTION 2. 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 21st day of April, 2021.
ATTEST:
Attachment 1 -Phase 11 Landscape Improvements
Resolution No. 2021-4003 Page 3 LMD 20 -Meridian Hms ase Boundary -hase U ATTACHMENT ase I \ 1\
Resolution No. 2021-4003
Page4
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
)
)
)
ss.
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2021-4003 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 21st day of
April, 2021, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Enegren, Groff, and Mayor Parvin
None
Councilmember Castro
Councilmember Pollock
WITNESS my hand and the official seal of said City this 21st day of April, 2021.
(seal)