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HomeMy WebLinkAboutAGENDA REPORT 2021 0505 CCSA REG ITEM 09A SUPPLEMENTAL MOORPARK CITY COUNCIL SUPPLEMENTAL AGENDA REPORT FROM: Troy Brown, City Manager DATE: 05/05/2021 Regular Meeting SUBJECT: Consider Resolution Authorizing the Execution of an “Agreement Regarding Recording of Easement and Covenant and Water Drainage Issues” Pertaining to the Villa Del Arroyo Mobile Home Park and Documents in Connection With the Refunding of Bonds Issued in 2011 Relating to the Park, Taking Related Actions and Making a Finding of Exemption Under the California Environmental Quality Act CORRECTED ATTACHMENT Subsequent to the distribution of the staff report, an amendment to Attachment D to the draft Resolution was identified and is included with tracked changes. Attachment: Amended Attachment D Item: 9.A. SUPPLEMENTAL DRAFT 12853-0014\2518564v8.doc -1- RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk with a copy to: Villa Del Arroyo Moorpark, LLC c/o Augusta Homes 400 N. Mountain Avenue, Suite 205 Upland, CA 91786 Attn: Suzanne Taylor Exempt recording per Government Code Sec. 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT REGARDING RECORDING OF EASEMENT AND COVENANT, AND WATER DRAINAGE ISSUES This AGREEMENT REGARDING RECORDING OF EASEMENT AND COVENANT, AND WATER DRAINAGE ISSUES (the “Agreement”) is dated as of _________, 2021, and is entered into by and between VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company (together with its successors-in-interest, “VDA”), and the CITY OF MOORPARK, a municipal corporation (the “City”). RECITALS A. VDA owns the Villa Del Arroyo Mobilehome Park (“Park”) which is located on the land described in Exhibit “A”. B.The City and Villa Del Arroyo Mobilehome Park, a California limited liability partnership (predecessor-in-interest to VDA with respect to the Villa Del Arroyo Mobilehome Park) entered into a Settlement Agreement in 2000 (“Settlement Agreement”). Section 8 of the Settlement Agreement contemplated the recording of an easement in favor of City (“Easement”) and Section 10 of the Settlement Agreement contemplated the recording of a Water Flowage Covenant in favor of City (“Covenant”); however, neither the Easement nor the Covenant has been recorded. C.The Settlement Agreement requires, among other things, that the owner of the Park maintain the Park storm drains so that the water flowing from the City’s culvert under Old Los Angeles Avenue (currently Arroyo Drive) at the main entrance to the Park will flow through the Park’s storm drains. Storm water drainage issues exist through and around the Park, including water inlets from areas to the north, crossing beneath and through the City’s storm drain inlets on City right of way under Arroyo Drive continuing through the Park’s storm drain system and exiting into the Arroyo Simi south of the Park. ATTACHMENT D 12853-0014\2518564v8.doc -2- D. In order to address possible storm drain and storm water runoff issues affecting the City and the Park, the City and VDA now desire to enter into and record this Agreement in order to provide for (i) the execution by VDA and recording of the Easement and Water Flowage Covenant in the forms attached hereto as Exhibits “B” and “C”, respectively; (ii) a peer review of water drainage issues described in an existing water drainage report, and payment for such review; (iii) discussions among the City, VDA and other interested entities in connection with the water drainage issues; and (iv) design of solutions for the water drainage issues, and payments for such design/plans. AGREEMENT 1. Recordable Docs Contemplated by Settlement Agreement. Concurrently with its execution and delivery of a counterpart original of this Agreement (duly executed by VDA and acknowledged), VDA shall also deliver counterpart originals of the Easement and the Covenant in the forms attached hereto as Exhibits “B” and “C”, duly executed by VDA and acknowledged. Upon execution of this Agreement by the City and VDA, VDA will cause this Agreement, the Easement and the Covenant (with a Certificate of Acceptance included with the Easement) (collectively, the “Documents”) to be recorded with the at the office of the Ventura County Recorder. In the event that the Ventura County Recorder does not accept the Easement, the Covenant or both for recordation for any reason, it shall not affect the recordation of the other Documents, and the City and VDA (and any successor-in-interest) shall cooperate in good faith to make modifications to the Easement, the Covenant or both, as applicable, to conform to the Ventura County Recorder’s requirements, and resubmit such modified Document(s) for recordation as soon as practicable. 2. VDA Deposit for City Study/Report; Matching Funds from City. On or before August 1, 2021, VDA shall deposit with City the sum of $50,000.00 (the “Deposit”) which will be deposited by City into a separate account in the City’s records and used by City, together with matching City funds (on a dollar by dollar basis, up to a total contribution by City of $50,000) to engage a consulting engineering firm to prepare a written peer review (“Peer Review”) of alternatives examined by Jensen Design & Survey, Inc. in June 2002 that analyzed water inlets beginning in the City right-of-way, the areas beneath the Park, and the water outlets in the Arroyo Simi under the jurisdiction of the Ventura County Watershed Protection District (“VCWPD,” formerly Ventura County Flood Control District) (and evaluated solutions to provide relief to the silting and drainage issues. It is intended that the Peer Review recommend a scope of work for the repair and physical improvement to the on-site and offsite storm drain systems so that the systems can adequately accommodate anticipated storm drain flows through the Park and City systems. Upon completion of the Peer Review and delivery of it to City, City will deliver a copy of Peer Review: (i) to VDA by overnight messenger service (such as Federal Express); (ii) to the California Department of Transportation (“Caltrans”); and (iii) to the VCWPD. City shall hold its $50,000 of matching funds in a separate fund at City created exclusively for this Agreement and shall provide VDA with evidence thereof (and of any sums expended from it) within five (5) business days after written request delivered by overnight messenger to the City Manager. If any portion of the Deposit by VDA is not required for costs of the Peer Review, the unapplied portion shall be returned to VDA. 12853-0014\2518564v8.doc -3- 3. Meetings/Calls. After the deliveries of the Peer Review to VDA, Caltrans and VCWPD, City shall arrange for four (4) meetings or conference calls among (i.e., involving all of) VDA, City, Caltrans, and VCWPD in order to discuss and determine a reasonable scope of improvement work that will facilitate storm drain and storm water runoff and flowage in the Park and any related City storm drain system or improvements or watershed management improvements. VDA and City shall reasonably cooperate with the scheduling of such calls and shall participate therein. 4. Engineering Plans for Agreed Improvements. After tentative nonbinding agreement among VDA, Caltrans, City and VCWPD with respect to the scope of improvements, and within ten (10) business days after written request of City (delivered by overnight messenger to VDA), VDA shall deposit with City the sum of $30,000.00 (the “Additional Deposit”) which will be deposited by City into a separate account in the City’s records and used by City, together with matching City funds (on a dollar by dollar basis, up to a total contribution by City of $30,000) to engage a consulting engineering firm to provide engineering plans and drawings for the repair and improvement work recommended by the Storm Drain Study. City shall hold its $30,000 of matching funds in a separate fund at City created exclusively for this Agreement and shall provide VDA with evidence thereof (and of any sums expended from it) within five (5) business days after written request delivered by overnight messenger to the City Manager. If any portion of the Additional Deposit by VDA is not required for costs of the Peer Review, the unapplied portion shall be returned to VDA. 5. Mutual Liquidated Damages. If VDA or City does not timely comply with its obligations under this Agreement, and fails to cure noncompliance within ten (10) days after written notice from the other party (delivered by overnight messenger), then the defaulting party shall pay to the other party, as liquidated damages for such failure or failures to comply, the sum of One Thousand Six Hundred Sixty-six Dollars ($1,666.00) per month, prorated for any partial month, and payable on or before the first business day of each calendar month, until such failure(s) are cured, as the sole remedy for such failure(s); provided that the liquidated damages payable for a failure (or failures, if occurring concurrently) shall not exceed the cap of $100,000. In that regard, VDA and City agree as follows: IF VDA OR CITY FAILS TO COMPLY WITH ITS OBLIGATIONS, THE OTHER PARTY WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH PARTY DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH IT MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT AND LIMIT THE RISK OF DISPUTE OVER SUCH AMOUNT. CONSEQUENTLY, UPON ANY SUCH FAILURE NOT CURED WITHIN THE CURE PERIOD SET FORTH ABOVE, SUCH MONTHLY SUM SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF MONTHLY DAMAGES AND SHALL BE PAID TO THE PARTY NOT IN DEFAULT AS LIQUIDATED DAMAGES AS SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY (WHICH MAY BE ENFORCED BY SUIT). VDA AND CITY ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THE FOREGOING AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. 12853-0014\2518564v8.doc -4- THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES PAYABLE TO SELLER THE NON-DEFAULTING PARTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. CITY INITIALS VDA INITIALS 6. Recording of Agreement; VDA Representation re Liens. VDA and City acknowledge and agree that each party shall deliver counterpart originals of this duly executed Agreement to the escrow for VDA’s refinancing, with instructions that this Agreement be recorded prior to any conveyance of the Park by VDA to a new single asset entity borrower for the refinancing, and prior to the deed of trust of the refinancing lender. VDA represents and warrants that upon the closing of its refinancing of indebtedness currently secured by a first lien deed of trust on the Park, no deeds of trust or other liens (except liens for property taxes and assessments not yet due) encumber the Park which would, if foreclosed, extinguish or terminate this Agreement. 7. Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 8. Runs with Land; Binding on Successors-in-Interest. This Agreement shall bind VDA and the Park and VDA’s successors, assigns and successors-in-interest to all or any portion of or interest in the Park, except for lessees who lease space in the Park pursuant to written leases with VDA or its successors-in-interest. “PARK”: VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company By: AUGUSTA HOMES, a California nonprofit public benefit corporation, its sole member By: Suzanne Taylor Executive Director “CITY”: CITY OF MOORPARK, a municipal corporation By: Troy Brown City Manager Approved as to Form: Kevin Ennis, City Attorney 12853-0014\2518564v8.doc -5- State of California ) County of Ventura ) On _________________________, 2021, 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. 12853-0014\2518564v8.doc -6- State of California ) County of Ventura ) On _________________________, 2021, 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. DRAFT 12853-0014\2518564v8.doc A-1- EXHIBIT “A” LEGAL DESCRIPTION The land in the City of Moorpark, County of Ventura, State of California, described as follows: THAT PORTION OF TRACT "J" OF RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOS ANGELES AVENUE (60) FEET WIDE DESCRIBED AS PARCEL 1 PER DEED TO VENTURA COUNTY RECORDED IN BOOK 319, PAGE 181 OF OFFICIAL RECORDS. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1322.467 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 12° 34' 29" EAST 35 FEET FROM A POINT ON THE CENTERLINE OF LOS ANGELES AVENUE BEING THE POINT OF BEGINNING OF A STRIP OF LAND AS DESCRIBED IN SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF LOS ANGELES AVENUE AND SAID ABOVE MENTIONED CURVE, 1ST: EASTERLY, THROUGH A CENTRAL ANGLE OF 40° 53' 24" AN ARC DISTANCE OF 943.80 FEET TO THE BEGINNING OF A TAPER ONE-HALF CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID CURVE, 2ND: SOUTHEASTERLY 432.73 FEET; THENCE TANGENT TO SAID CURVE, 3RD: SOUTH 52° 41' 05" EAST 716.27 FEET TO THE BEGINNING OF A TAPER ONE- HALF CURVE CONCAVE NORTHEASTERLY; THENCE, ALONG SAID CURVE, 4TH: SOUTHEASTERLY 214.03 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2974.825 FEET; THENCE ALONG SAID CURVE, 5TH: SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 13° 39' 58" AN ARC DISTANCE OF 709.55 FEET TO THE BEGINNING OF A TAPER ONE-HALF CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE, 6TH: SOUTHEASTERLY 214.03 FEET; THENCE, TANGENT TO SAID CURVE, 7TH: SOUTH 70° 33' 03" EAST 917.09 FEET TO A POINT IN THE EASTERLY LINE OF THE PROPERTY AS SHOWN ON RECORD OF SURVEY, MAP FILED IN BOOK 34, PAGE 18 AND 19 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID POINT BEING NORTH 0° 05' 18" WEST 47.36 FEET FROM THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, 8TH: SOUTH 0° 05' 18" EAST 47.36 FEET TO THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING THE NORTHWEST CORNER OF 12853-0014\2518564v8.doc A-2- LAND CONVEYED TO ORTA EDWARD KUHN AS RECITED IN BOOK 708, PAGE 294 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY, SAID LINE ALSO BEING THE SOUTHERLY LINE OF TRACT "J" AS PER MAP RECORDED IN BOOK 3 PAGE 7 OF MAPS IN THE OFFICE OF SAID COUNTY RECORDER, THE FOLLOWING COURSES AND DISTANCES, 9TH: NORTH 70° 52' 58" WEST 268.63 FEET; THENCE, 10TH: SOUTH 78° 56' 35" WEST, 1093.63 FEET; THENCE, 11TH: NORTH 79° 07' 18" WEST, 1772.24 FEET; THENCE, 12TH: NORTH 22° 00' 15" WEST, 949.41 FEET; THENCE, 13TH: NORTH 73° 37' 09" WEST 1211.67 FEET TO A POINT IN THE SOUTHERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY (100) FEET WIDE AS SHOWN ON SAID RECORD OF SURVEY; THENCE LEAVING THE SOUTHERLY LINE OF SAID RECORD OF SURVEY AND SOUTHERLY LINE OF TRACT "J" ALONG SAID SOUTHERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; 14TH: NORTH 68° 25' 31" EAST 485.30 FEET TO THE BEGINNING OF A TAPER ONE- HALF CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE, 15TH: EASTERLY 394.50 FEET TO A POINT IN THE SOUTHERLY LINE OF LOS ANGELES AVENUE, A RADIAL TO SAID POINT BEARS NORTH 14° 22' 20" WEST; THENCE LEAVING SAID CURVE BEING THE SOUTHERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY ALONG THE SOUTHERLY LINE OF LOS ANGELES AVENUE AS DESCRIBED IN SAID PARCEL 1, 16TH: SOUTH 47° 43' 24" EAST 60.29 FEET TO A POINT IN A TAPER ONE-HALF CURVE CONCAVE SOUTHERLY; A RADIAL TO SAID POINT BEARS NORTH 13° 05' 36" WEST, A RADIUS OF 1427.956 FEET; THENCE ALONG SAID CURVE, 17TH: EASTERLY 12.92 FEET; THENCE LEAVING SAID CURVE, 18TH: SOUTH 12° 34' 29" EAST, 10.00 FEET TO THE POINT OF BEGINNING. EXCEPT FROM THE ABOVE DESCRIBED PARCEL THAT PORTION DESCRIBED AS TRACTS 1, 3 AND 13 OF THE FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 31, 1966 IN BOOK 3037, PAGE 247 OF OFFICIAL RECORDS. ALSO EXCEPT FROM THE ABOVE DESCRIBED PARCEL THAT PORTION DESCRIBED AS ESTATE 1 (PARCELS A AND B) IN THE DEED TO VENTURA COUNTY FLOOD CONTROL DISTRICT RECORDED JULY 21, 1977 IN BOOK 4901, PAGE 928 OF OFFICIAL RECORDS. 12853-0014\2518564v8.doc A-3- ALSO EXCEPT THAT PORTION DESCRIBED IN THE DEED TO VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED FEBRUARY 24, 1978 IN BOOK 5061, PAGE 906 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE DEED TO VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED OCTOBER 24, 1978 IN BOOK 5242, PAGE 524 OF OFFICIAL RECORDS. ALSO EXCEPT ALL THE COAL, LIGNITE, COAL OIL, PETROLEUM, NAPHTHA, ASPHALT, MALTHA, BREA, NATURAL GAS, AND ALL KINDRED OR SIMILAR MINERALS OR MINERAL SUBSTANCES WHICH NOW EXIST OR AT ANY TIME HEREAFTER MAY EXIST UPON IN OR UNDER SAID LANDS AND TO SEVER AND REMOVE THE SAME THEREFROM ALSO THE FULL, FREE AND PERPETUAL RIGHT OF INGRESS TO AND EGRESS FROM AND RIGHT OF WAY UPON AND OVER SAID LANDS PROPER AND NECESSARY FOR THE EXERCISE OF SAID WAY UPON AND OVER SAID LANDS PROPER AND NECESSARY FOR THE EXERCISE OF SAID RIGHTS SO RESERVED, INCLUDING AS WELL, RIGHT OF WAY FOR ROADS AS FOR DITCHES AND PIPELINES FOR THE CONVEYANCE OF WATER NECESSARY FOR SAID WORKS, AND OF OIL, PETROLEUM AND OTHER KINDRED LIQUID SUBSTANCES AND GASES; ALSO, ALL SHAFTS, WELLS, DERRICKS, HOISTING WORKS, TANKS, DUMPS, ENGINES, PUMPS AND ALL OTHER SHAFTS, WELLS, DERRICKS, HOISTING WORKS, TANKS, DUMPS, ENGINES, PUMPS AND ALL OTHER NECESSARY MACHINERY; ALSO FOR THE HOUSES, BUILDINGS AND STRUCTURES OF EVERY KIND NECESSARY OR PROPER FOR THE SUCCESSFUL EXERCISE OF SAID RIGHTS. ALSO, RESERVING THE RIGHT TO TAKE AND USE AND DEVELOP FOR USE ANY AND ALL WATERS NOW FLOWING, OR THAT MAY HEREAFTER FLOW OR THAT NOW EXIST OR MAY HEREAFTER FLOW OR THAT NOW EXIST OR MAY HEREAFTER EXIST IN, ON OR UPON SAID LANDS SO FAR AS SAID WATERS MAY BE NECESSARY FOR THE CARRYING ON OF ANY OR ALL OF THE ABOVE MENTIONED WORKS, AND THE FULL ENJOYMENT OF THE RIGHTS THEREIN SET FORTH, AS RESERVED BY SIMI LAND AND WATER COMPANY IN DEED RECORDED NOVEMBER 16, 1889 IN BOOK 29, PAGE 314 OF DEEDS; WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, AND USE SAID LAND ABOVE A DEPTH OF 500 FEET AS TO ALL OF SAID LAND OTHER THAN THOSE PORTIONS OF SAID LAND LYING WITHIN DRILLING ISLANDS 1 THROUGH 5 AS SAID ISLANDS ARE DESCRIBED IN DOCUMENT RECORDED NOVEMBER 26, 1965 IN BOOK 2902, PAGE 450 OF OFFICIAL RECORDS. APN 500-0-360-305 (Portion) and 500-0-291-035 (Portion) DRAFT 12853-0014\2518564v8.doc B-1- EXHIBIT “B” FORM OF EASEMENT (Attached.) 12853-0001\2518571v2.doc -1- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk with a copy to: Villa Del Arroyo Moorpark, LLC c/o Augusta Homes 400 N. Mountain Avenue, Suite 205 Upland, CA 91786 Attn: Suzanne Taylor SPACE ABOVE THIS LINE FOR RECORDER’S USE This Document is recorded for the benefit of the City of Moorpark and is exempt from recording fees pursuant to Sections 6103, and 27383 of the California Government Code. EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company (hereafter "PARK"), hereby GRANTS to the CITY OF MOORPARK, a municipal corporation (hereafter "CITY") an easement, running with the land and inuring to the benefit of and to be binding upon all successors-in-interest, heirs, and assigns of the PARK and the CITY, of ingress and egress and of access to the manhole at the main entrance of the PARK (depicted and marked "Manhole" on Attachment "A") for the purpose of maintaining, repairing, renewing, rebuilding, replacing, cleaning and activities incident thereto, and to place thereon, in connection with any of the aforesaid uses, equipment, implements, tools, machinery, material and supplies, along, upon, across and under that portion of the PARK'S Property, described as follows: Portion of Tract "J" of Rancho Simi, as per map recorded in Book 3, Page 7, of Miscellaneous Records (MAPS) in the office of the County Recorded of Ventura County, County of Ventura, State of California, beginning at the southerly line of Old Los Angeles Avenue, and continuing southwest one hundred (100) feet along the entrance road to the park and from curb to curb, including the curbs, as shown on Attachment "A" to this easement, which attachment is expressly herein incorporated by reference. -2- 12853-0001\2518571v2.doc Date: VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company By: AUGUSTA HOMES, a California nonprofit public benefit corporation, its sole member By: Suzanne Taylor Executive Director -3- 12853-0001\2518571v2.doc 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 Ventura ) 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) -4- 12853-0001\2518571v2.doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the easement conveyed by that certain Easement dated in ____________________, 2021 from VILLA DEL ARROYO MOORPARK, 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 of Moorpark on _________, 2021, and the grantee consents to recordation thereof by its duly authorized officer. Dated: City Manager -5- 12853-0001\2518571v2.doc 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 Ventura ) 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) 12853-0001\2518571v2.doc A-1- ATTACHMENT “A” DRAFT 12853-0014\2518564v8.doc C-1- EXHIBIT “C” FORM OF COVENANT (Attached.) -1- 12853-0001\2518586v2.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk with a copy to: Villa Del Arroyo Moorpark, LLC c/o Augusta Homes 400 N. Mountain Avenue, Suite 205 Upland, CA 91786 Attn: Suzanne Taylor SPACE ABOVE THIS LINE FOR RECORDER’S USE This Document is recorded for the benefit of the City of Moorpark and is exempt from recording fees pursuant to Sections 6103 and 27383 of the California Government Code. WATER FLOWAGE COVENANT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company (hereafter "PARK"), hereby covenants with the CITY OF MOORPARK, a municipal corporation (hereafter "CITY"), concerning the PARK'S property described as follows: Portion of Tract "J" of Rancho Simi, as per map recorded in Book 3, Page 7, of Miscellaneous Records (MAPS) in the office of the County Recorded of Ventura County, County of Ventura, State of California, beginning at the southerly line of Old Los Angeles Avenue and continuing along, upon, across, and through the storm drain under the entrance road to the park, as shown in Attachment "A" to this covenant, which attachment is expressly herein incorporated by reference, such entrance road and storm drain being further depicted and marked "Entrance Road" and "Storm Drain" as shown in Attachment "B" to this covenant, which attachment is expressly herein incorporated by reference. The PARK agrees and warrants that the PARK (1) shall not interfere with water flowing from the CITY'S box culvert under Old Los Angeles Avenue to which the PARK's storm drain connects at the main entrance to the PARK (hereafter "CULVERT"); (2) shall accept water flowing -2- 12853-0001\2518586v2.doc from the CULVERT; and (3) shall maintain the PARK'S storm drain so that the water flowing from the CULVERT will flow through the PARK'S storm drain. The PARK acknowledges and agrees that nothing in this covenant creates any liability against the CITY in any way arising out of or resulting from the CULVERT. This covenant shall run with the land and shall inure to the benefit of and is binding upon all successors-in-interest, heirs, and assigns of the PARK and the CITY. Date: , 2021 VILLA DEL ARROYO MOORPARK, LLC, a California limited liability company By: AUGUSTA HOMES, a California nonprofit public benefit corporation, its sole member By: Suzanne Taylor Executive Director Date: , 2021 CITY OF MOORPARK By: Troy Brown City Manager -3- 12853-0001\2518586v2.doc 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 Ventura ) 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) -4- 12853-0001\2518586v2.doc 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 Ventura ) 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-1- 12853-0001\2518586v2.doc ATTACHMENT “A” B-1- 12853-0001\2518586v2.doc ATTACHMENT “B” B-2- 12853-0001\2518586v2.doc ATTACHMENT "B"