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HomeMy WebLinkAboutAGENDA REPORT 2021 1201 CCSA REG ITEM 10FCITY OF MOORPARK, 
 CALIFORNIA City Council Meeting of December 1, 2021 ACTION APPROVED STAFF RECOMMENDATION. (ROLL CALL VOTE: UNANIMOUS) BY K. Spangler. F. Consider First Amendment to the Amended and Restated Easement Agreement with MB Plaza West, LLC. Staff Recommendation: Consider First Amendment to the Amended and Restated Easement Agreement and authorize the City Manager to sign the First Amendment, subject to final language approval by the City Manager. (ROLL CALL VOTE REQUIRED) (Staff: Dan Kim, City Engineer/Public Works Director) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 12/01/2021 Regular Meeting SUBJECT: Consider First Amendment to the Amended and Restated Easement Agreement with MB Plaza West, LLC BACKGROUND 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. The Settlement Agreement included a provision for MB Plaza West, LLC to provide an assignable easement to the City for access from an existing, undeveloped four-acre property, located adjacent and to the west, through the Mission Bell Plaza parking lot to a signalized intersection at Los Angeles Avenue/Leta Yancy Road. The easement agreement required certain improvements to be completed on, or before, December 31, 2016, or the easement agreement would expire. These improvements include the removal of an existing wall along the westerly property line, curb and gutter repair, and the removal and reconstruction of several landscape planters. 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. In order for the easement to be placed on Mission Bell Plaza property, the Settlement Agreement required the construction of the previously mentioned improvements. Because the easement improvements were not constructed prior to the expiration of the Easement Agreement on January 1, 2020, the Easement Agreement expired. The easement improvements on the Mission Bell Plaza property did not occur because it was not needed at the time. The entitlement process for the proposed development project at 635 Los Angeles Avenue, which is required as a Condition of Approval to use the easement for vehicular access, was not completed by January 1, 2020. On July 17, 2020, the City Council authorized an Amended and Restated Easement Agreement between the City and MB Plaza West, LLC that established the following: Item: 10.F 171 Honorable City Council 12/01/2021 Regular Meeting Page 2 • Mission Bell Plaza shall have until January 1, 2021, to select a location for the easement. • The Easement Agreement shall be null and void, and of no force or effect whatsoever, if the construction of the easement improvements is not completed by January 1, 2022. DISCUSSION On December 23, 2020, the City and MB Plaza West, LLC entered into the Amended and Restated Easement Agreement (Attachment 1). Exhibit D of the Agreement identifies the selected easement location between 635 Los Angeles Avenue and the Mission Bell Plaza property. Staff is still working with the Mission Bell Plaza ownership group on the following: • A site plan of the selected easement location on Mission Bell Plaza property. • Review of the Legal Description and any associated technical and supporting documents for the selected easement location. • Record an Amendment to the Agreement of the selected easement location, “Mission Bell Property Access Easement.” After the Mission Bell Property Access Easement is recorded, the City can prepare plans and commence construction of the proposed easement improvements. At this juncture, the January 1, 2022, completion date to construct the easement improvements is not feasible and an extension is needed to preserve the Amended and Restated Easement Agreement. Staff is recommending that the Amended and Restated Easement Agreement be amended to extend the construction completion date for easement improvements to January 1, 2025. Staff has prepared, for City Council’s consideration, the First Amendment to the Amended and Restated Easement Agreement (Attachment 2). FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Consider First Amendment to the Amended and Restated Easement Agreement and authorize the City Manager to sign the First Amendment, subject to final language approval by the City Manager. Attachment 1: Amended and Restated Easement Agreement Attachment 2: First Amendment to Amended and Restated Easement Agreement 172 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: C ity of Moorpark 799 Moorpark Avenue Moorpark, Cali fornia 9302 1 Attn: C ity C lerk Exempt recording per Government Code Sec.6103 II IIII IIIll IIII I1111111111111 1111111 11 11111111 20210106-00002741-0 1/15 Ventura County Cler k a nd Recorder MARK A. LUNN 01 /06/2021 03 :54 :51 PM 1743498 $.00 HA SPACE ABOVE THIS LINE FOR RECORDER'S USE AMENDED AND RESTATED EASEMENT AGREEMENT T hi s AMENDED AND RESTATED EASEMENT AGREEMENT (this "Ag reement") is dated as of Dec.imbe.<" "Z-?, 2020, and is e ntered into by and between MB PLAZA WEST LLC, a Cali forn ia li m ited liabi li ty company ("Mission Bell"), and t h e C ITY OF MOORPARK, a municipal corporation (th e "City"), w ho agree as fo ll ows: 1. Recitals. T hi s Agreement is made with reference to the following facts and circumstances: a) M issio n Be ll is t he own er of certa in property located in the City of Moorpark, Cali forn ia , and more partic ul arly described on Exh ibit A attached hereto (the "Mission Bell Property"). b) The Mission Be ll Property abuts certain property consisting of approximate ly 4 acres w hi ch is located to the west of the M iss ion Be ll Property a long Los Ange les A venue State Ro ute 11 8) a nd w hi c h ab utting property is more particu lar ly desc ri bed on Exhibit B attached hereto (the "A butting Property"). c) T he C ity, the Redeve lopment Agency of the City of Moorpark, M iss ion Bell West, LP, a Ca lifornia limited partnershi p ("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, 20 11 . 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 C ity entered into that certain Easement Agreement dated September 1, 20 11 , which was recorded on October 13 , 2 011 in the Officia l R ecords of Ventura Co unty as Doc um e nt 201 110 13-00 152643-0 (the "Original Terminated Easement"), which was amended by that certain Amendment to Easement Agreement dated Ju ly 22 , 2016, executed by Mission Bell and the City and record e d on August 8 , 2 016 in such Official Records as Document 20160808- 00 1 11686-0, and that certain Second Amendment to Easement Agreement dated Novembe r 15 , 2 017, exec uted by Mission Be ll and the C ity and recorded on November 24, 2 017 in s uch Official Reco rd s as Document 201711 24-001 5263 0-0 (co llectively , the "Terminated Easement"). Page 1 of 14 12853-000 I \2 39252 8v4 .doc ATTACHMENT 1 173 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. 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 A venue 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 2Ca) 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 Page 2of14 12853-000 I \2392528v4.doc 174 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 (the "Relocation Request") that City staff submit to the City Council, for approval by the City Council (which City shall process in good faith) 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 (which shall be processed in good faith by City), 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 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 Page 3of14 12853-0001 \2392528v4.doc 175 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 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 A venue 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. Page 4of14 12853-000 I \2392528v4.doc 176 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"). 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. Page 5of14 12853-000 I \2392528v4.doc 177 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, 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. Page 6of14 12853-0001 \2392528v4.doc 178 A ll notices sha ll be se nt to the respective mailing addresses of the parties hereto at the fo l lowin g add resses, until suc h addresses a re c han ged as h ereinafter provided: Mi ss ion Bell: C ity: Mission Bell West LLC Attn: J onathan C he ng 402 W Broadway, S uite 780 San Diego , CA 92 10 I C ity of Moorpark A ttn: City Manager 799 Moorpark A venue M oorpark, CA 93021 A ny party may c ha nge its mailing address at a n y time by g iv in g written notice of s uc h c ha nge to the othe r parties in the m a nn er provided h e rei n at least ten (10) days prior to the date such c han ge is effective. 6. No Dedication to Public. Nothing here in co nta in ed s ha ll be deemed to be a g ift o r dedicatio n of a ny porti on of the Mission Bell Property or t he A butting Property to t he genera l public or fo r the general public or for a ny public purposes whatsoever, it be in g the in ten t ion of the parties he reto that t hi s Agreem ent sha ll be stri ctly limited to a nd for the purposes h e rein expressed. 7. Attorneys' Fees. ln the event t hat, at a ny tim e after the date of this Agree m e nt, a ny party hereunde r shall in stitute a ny action or proceeding aga in st the othe r relating to the provisions of this Agreement o r any default he re under, the party not prevailing in such actio n or proceeding as determined by determined by the court, agency, a rbitrato r or other a uthority before w hi c h s uc h action o r proceeding is co mme nced) sha ll re imburse the prevailing p arty for it s reaso na bl e attorneys' fees, and a ll reasonable fees , cost s a nd expenses incurred in con nectio n w it h s uch action or proceedin g, in c ludin g, without limitatio n, a ny post-j ud g m e nt fees , costs o r expenses in c urred on a n y appea l or in co ll ectio n of a ny judgment. 8. Add iti o na l Prov is io ns. T hi s Agreement constitu tes the entire agreem e nt a nd understanding of t he parties w ith respect to its s ubj ect matter and it s u pe rsedes a ll prior or contemporaneo us agreements a nd understandings, w hether w ritte n or oral, of the parties with respect to it s s ubject matter. T hi s Agreement is to be construed a nd e nforced in accordance w it h the inte rn a l laws of the State of Cali forn ia , without regard to principles of co nfli cts of law. T hi s Agr eement is binding upon a nd inures to the benefit of t he s uccessors a nd assigns of the parties. T he parti es have execute d t hi s Agreem e nt as of the date first set forth a bov e . MB PLAZA WEST LLC , a Delaware limited li abi li ty company By ~~ JathaJ1Ch ~P re s id en t 12853-000 I \2392528v4 .do c C ITY OF MOORPARK By:--~-~;::=::::=------Name:~~ T it le : __ (d~·N-'+-M~A-_vt_<l~9t-=Q_r __ Page 7of 14 179 CITY OF MOORPARK 799 Moorpark Avenue, Moorpark, Cabfomi a 93021 Main C i ty Ph on e Number (805 ) 517-6200 I Fax (805) 532 -2205 I moo rp a rk @mo orpar kca.gov CERTIFICATE OF ACCEPTANCE NOTICE IS HEREBY given by the City of Moorpark in the County of Ventura , State of California, as follows: 1. That on the 17th day of July, 2020, the interest in real property conveyed by the Amended and Restated Easement Agreement dated December 23, 2020 , from MB Plaza West, LLC, a California limited liability company, was accepted by the City Council of the City of Moorpark and by the undersigned officer on behalf of the City of Moorpark pursuant to the authority conferred by Resolution No. 85-163 of the City of Moorpark, adopted by said City Council of said City on February 4, 1985, and the grantee consents to the recordation thereof by its duly authorized officer. 2 That the name of the political subdivision accepting said Amended and Restated Easement Agreement is the CITY OF MOORPARK, in the County of Ventura, State of California, whose address is 799 Moorpark Avenue, Moorpark, California 93021. J AN l CE S. PARV l N M ayo r DR . ANTON l O CAST RO Cou n cil me mber CITY OF MOORPARK KyS ~~ CHRIS ENEG REN C ounc ilme mber DANl ELG ROFF C o un cil me mbe r DAV ID POLLO C K Counci lme mbe r 180 CALIFORNIA ALL PURPOSE ACKNO WL E DG MENT A notary public or oth er officer completing thi s certificate verifies only the identity of the individual who signed the docum ent to which thi s certificate is attached, and not th e truthfuln ess, acc ura cy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SA N DJ EGO On ~ \l\12()20 befo re me, ~O..llPJ Notary Public , personally app ea red :ti\o±C ~ , who prov ed to me on the basis of satisfactory ev id e nce to be the person(s) whose name(s) is /are subscribed to the within in strument and acknowledged to me that he/she/th ey exec ut ed the same in hi s/he r/their authori zed capac ity , and that by hi s/he r/their s ignature(s) on the instrum ent th e perso n(s), o r the entity(i es) upon behalf of which the person(s) acted, exec uted th e instrument. I certify unde r PENALTY OF P E RJ U RY und e r the laws of the State of California that th e foregoing paragra ph is true and correct. S ig nature o~c 1········ .. @. ·: .. ,'.» LY VANG ~ Not•rv ~u.blic • C•liforni• ~ r·,.• ;; S•n Ou~!• County ~ Commi.,ion # 22339 19 - 0 My Comm. Expires ~r 11, 2022 WITNESS my hand and official sea l. Place Notary Sea l Above Pa ge 8 of 14 12853 -0001\2392528 v4 .d oc 181 CITY OF MOORPARK 799 Moorpark Avenu e, Moorpark, Cabfomia 93 0 21 I Phone (805) 517-6200 I Fax (805) 532 -2205 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. PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK SS. On this 23rd day of December in the year 2020, before me , Ky Spangler, City Clerk of the City of Moorpark, personally appeared Troy Brown, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and who is personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as the City Manager of the City of Moorpark, and that by his signature on the instrument, acknowledged to me that the City of Moorpark executed the instrument. I certify under PENALTY O F PERJURY under th e laws of the State of California th at th e foregoing pa ragraph is tru e a nd correct. Witness my hand a nd Official Sea l City Clerk J AN ICE S. PARV IN Mayor DR . ANTON IO CASTRO Councilmember CHRI S ENEG REN Co un cilme m ber DAN IEL G ROFF C ouncilmember DAYID POLLO C K Cou ncilmem ber 182 EXHIBIT A Legal Description of the Mission Bell Property PARCEL A: PARCELS l 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 10of14 12853-000 I \2392528v4.doc 183 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 4 70.67 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 A venue; 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 11 of 14 12853-000 I \2392528v4.doc 184 EXHIBIT C-1 First Potential Easement Location Page 12 of 14 12853-0001 \2392528v4.doc 185 EXHIBIT C-2 Second Potential Easement Location Page 13of14 12853-0001 \2392528v4.doc 186 EXHIBIT D Location of Proposed Driveway Extension I- 85.9 Mission Bell Property 86.2 c-_ 87.J 187 12853-0001\2596012v2.doc 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 FIRST AMENDMENT TO AMENDED AND RESTATED EASEMENT AGREEMENT This FIRST AMENDMENT TO AMENDED AND RESTATED EASEMENT AGREEMENT (“Amendment”) is dated as of ______________, 2021, and is entered into by and between the CITY OF MOORPARK, a municipal corporation (“City”), and MB PLAZA WEST, LLC, a Delaware limited liability company (“Mission Bell”). RECITALS WHEREAS, the City and Mission Bell entered into an Amended and Restated Easement Agreement dated December 23, 2020, which was recorded on January 6, 2021, in the Official Records of the Ventura County Recorder’s Office as Document 20210106-00002741-0; and WHEREAS, the Agreement included a deadline of January 1, 2022 for the completion of the Mission Bell Easement Improvements (as described in Section 4 of the Agreement); and WHEREAS, the City and Mission Bell desire to extend such deadline. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. EXTENSION OF DEADLINE. The January 1, 2022 deadline in Section 2(a) of the Agreement is hereby extended to January 1, 2025, but shall be further extended to the extent the completion of the Mission Bell Easement Improvements is delayed by any cause or reason outside of the control of the City. ATTACHMENT 2 188 12853-0001\2596012v2.doc IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK MB PLAZA WEST, LLC _______________________________ _______________________________ Troy Brown, City Manager Jonathan Cheng, President Attest: _______________________________ Ky Spangler, City Clerk 189 12853-0001\2596012v2.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 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 190 12853-0001\2596012v2.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 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 191