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Home My WebLink AboutRES CC 2021 4057 2021 1215 RESOLUTION NO. 2021-4057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE SALE OF PROPERTY LOCATED AT 226 HIGH STREET AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 52201 REGARDING THE CREATION OF ECONOMIC OPPORTUNITY FOR THE CITY WHEREAS, the City of Moorpark (the "City") owns property located at 226 High Street in the City (the "Property"); and WHEREAS, the Daly Group, Inc. (the "Developer") has agreed to purchase and develop the Property in accordance with the terms of a Disposition and Development Agreement (the "DDA"), attached hereto and incorporated herein as Exhibit A; and WHEREAS, pursuant to the DDA, it is contemplated that the Developer will build a mixed-use commercial and residential project including 79 residential dwelling units and 13,628 square feet of commercial floor area within four mixed- use buildings and three standalone commercial buildings on the Property (the "Project"); and WHEREAS, on September 9, 2020, the Planning Commission recommended approval of Resolution No. 2020-3949, recommending the City Council determine the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 7, 2020, the City Council adopted Resolution Nos. 2020-3949 and 2020-3950, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, conditionally approving Residential Planned Development Permit No. 2018-01 for the Project, and a Disposition and Development Agreement (DDA), for a mixed-use development consisting of 79 residential units, 13,628 square feet of commercial and associated land improvements located at 226 High Street in the Downtown Specific Plan on an application of Daly Group, Inc., and finding the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 21, 2020, the City Council adopted Ordinance No. 484, approving Development Agreement No. 2018-01; and Resolution No. 2021-4057 Page 2 WHEREAS, the Developer has agreed to the terms of the transaction as outlined in the First Amendment to DDA; and WHEREAS, the City desires to proceed with the sale of the Property pursuant to the terms of the First Amendment to DDA; and WHEREAS, the City finds that the sale of the Property is in furtherance of the creation of economic opportunity for the City; and WHEREAS, on December 15, 2021, the City Council considered adoption of Resolution No. 2021-4057 approving First Amendment to DDA No. 2018-01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all the facts set forth in the Recitals are true and correct. SECTION 2. ENVIRONMENTAL FINDINGS: The City Council concurs with the Community Development Director that the First Amendment to the Development Agreement is consistent with the Mitigated Negative Declaration adopted for the Residential Planned Development Permit No. 2018-01. SECTION 3. DISPOSITION AND DEVELOPMENT AGREEMENT FINDINGS: The City Council finds and declares as follows: A. The provisions of the First Amendment to the Disposition and Development Agreement are consistent with the General Plan and Downtown Specific Plan in that the Project is consistent with the Specific Plan — Downtown land use designation, helps achieve the goals of the Land Use Element and Housing Element, and is consistent with the goals and policies of all other elements. The disposition of the City-owned land to the Applicant for the purposes of developing a mixed-use project in accordance with the General Plan and Downtown Specific Plan furthers the City's goals to revitalize the downtown core, achieve a well-balanced and diversified economy, and provide a variety of housing options. B. Pursuant to Government Code Section 52201(b), the City Council finds that, pursuant to the terms of the First Amendment to the Disposition and Development Agreement, the final purchase price received as consideration for the sale of the property to the developer is not affected by the amendment and it will continue to reflect fair market value at its highest and best use. Resolution No. 2021-4057 Page 3 SECTION 4. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby adopts Resolution No. 2021-4057 approving First Amendment to DDA 2018-01. SECTION 5. CERTIFICATION OF ADOPTION: 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 15th day of December, 2021. Janice S. Parvin, Mayor 009"" ATTEST: enViro.�,� ,� a 2 • -110re• Ky Sp gler, Ci lerk 4 • , 0 a Exhibit A — First Amendment to Disposition and Development Agreement 2018- ,,u,►." 01 Resolution No. 2021-4057 Page 4 EXHIBIT A FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is dated as of December 15, 2021, and is entered into by and between the CITY OF MOORPARK, a municipal corporation ("City"), and the DALY GROUP, INC., a California corporation ("Developer"). RECITALS WHEREAS, the City and Developer entered into that certain Disposition and Development Agreement dated October 23, 2020 ("DDA"); and WHEREAS, City and Developer desire to extend the deadline for the Close of Escrow thereunder from December 31, 2021 to September 30, 2022. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. EXTENSION OF DEADLINE FOR CLOSE OF ESCROW. The December 31, 2021, deadline for the Close of Escrow in Section 2.3 and in Action Item 6 of Exhibit B of the DDA are hereby extended to and replaced with September 30, 2022. II. COUNTERPARTS. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same instrument. III. DDA REMAINS IN FULL FORCE AND EFFECT. Except as expressly set forth In this Amendment, the DDA shall remain unmodified and in full force and effect. 12853-0001\2599532v3.doc Resolution No. 2021-4057 Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DEVELOPER: CITY: THE DALY GROUP, INC., CITY OF MOORPARK a California corporation B : By: ICI Y __ Vincent Daly, Janice Parvin, President Mayor ATTEST: Ky Spangler , City Clerk APPROVED AS TO FORM: By: Kevin G. Ennis, City Attorney 12853-0001\2599532v3.doc Resolution No. 2021-4057 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2021-4057 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of December, 2021, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Pollock, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: Councilmembers Enegren and Groff WITNESS my hand and the official seal of said City this 15th day of December, 2021. Ky Wier,r, Clerk (seal) 4,000-0-041 ,s �ix