HomeMy WebLinkAboutAGENDA REPORT 2021 1201 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 1, 2021
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO.
SA-2021-23. (VOICE VOTE:
UNANIMOUS).
BY K. Spangler.
C. (SUCCESSOR AGENCY) Consider Resolution Approving Purchase and Sale
Agreement with Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, for
500 Los Angeles Avenue (APN 506-0-050-080). Staff Recommendation: Adopt
Resolution No. SA-2021- 23, approving Purchase and Sale Agreement with Thomas
H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, subject to final language
approval of the Executive Director, and authorize Executive Director to execute the
agreement. (Staff: Jessica Sandifer, Community Services Manager)
Item: 9.C.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Successor Agency Members
FROM: Jessica Sandifer, Community Services Manager
DATE: 12/01/2021 Regular Meeting
SUBJECT: Consider Resolution Approving Purchase and Sale Agreement with
Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, for
500 Los Angeles Avenue (APN 506-0-050-080)
BACKGROUND
The Redevelopment Agency of the City of Moorpark (“Agency”) acquired the property at
500 Los Angeles Avenue for future redevelopment. While the Agency was looking for
interested development partners, it began renting the site to Tom Lindstrom RV, Inc.
(Lindstrom) for outdoor sales of Recreational Vehicles. Lindstrom had expressed interest
in purchasing the property himself. However, prior to any deal points being negotiated,
the Agency was dissolved pursuant to AB X1 26 (”Dissolution Act”), as upheld and
modified by the Supreme Court in California Redevelopment Association, et al. v. Ana
Matosantos, et al. (53 Cal.4th 231(2011)). As part of the dissolution process, the City of
Moorpark elected to become the Successor Agency of the Redevelopment Agency of the
City of Moorpark (Successor Agency). The Successor Agency was required by the
Dissolution Act to prepare a Long Range Property Management Plan (“LRPMP”)
addressing the disposition of real properties acquired by the former Redevelopment
Agency. The LRPMP provides that the property identified in the LRPMP as Property No.
1, APN 506-0-050-080 (500 Los Angeles Avenue) (“Property”) will be retained by the City
of Moorpark (“City”), provided that the City pays compensation to the taxing entities.
Subsequent to Department of Finance approval of the LRPMP, it was determined that the
Property was purchased with the Agency’s 2006 Tax Allocation Bond (TAB) proceeds.
The bond funded status of the Property does not allow the City to purchase the Property
and requires that any proceeds of the sale be returned to the Bond fund or treated in
accordance with the Bond covenants.
The California Surplus Land Act (Government Code 54220 et seq.) (“SLA””) governs the
sale of surplus land. Land may be declared either “surplus land” or “exempt surplus land”
by the legislative body of the local agency as supported by written findings.
Effective January 1, 2020, the SLA defines a “local agency” to include the Successor
Agency. However, Government Code Section 54234(b) provides that with respect to land
that has been designated in a successor agency’s long-range property management plan
Item: 9.C.
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Honorable Successor Agency
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for sale, the SLA, as it existed on December 31, 2019, will apply to the disposition of the
land if (i) an exclusive negotiating agreement for disposition was entered into not later
than December 31, 2020, and (ii) the disposition is completed not later than December
31, 2022. The SLA, as it existed on December 31, 2019, did not apply to successor
agencies.
On December 16, 2020, the Successor Agency authorized the Executive Director to enter
into an Exclusive Negotiating Agreement (the “ENA”) with the Lindstrom Trust (the
“Buyer”) for the purpose of negotiating the terms and conditions upon which Successor
Agency would sell the Property to the Buyer.
Currently, the Property is not subject to the requirements of the SLA. This is because the
Successor Agency entered into the ENA for the Property prior to December 31, 2020. If
the Developer fails to close escrow by December 31, 2022, the Property will become
subject to the requirements of the SLA.
DISCUSSION
A purchase and sale agreement has been negotiated with the Lindstrom Trust. The
Lindstrom Trust will be purchasing the Property for the appraised value of $710,000. The
sale exempts 6,090 sq. ft. of the frontage of the property, which is currently the improved
right of way for Los Angeles Avenue (SR 118). Staff is in discussions with CalTrans to
transfer this improved section of roadway to them. On July 27, 2021, the Buyer received
a Conditional Use Permit for the operation of the recreational vehicle sales lot. The current
uses on the site are consistent with the CUP requirements. The sale of the Property is
subject to the approval of the Ventura County Consolidated Oversight Board (VCCOB),
which is scheduled to take the item up at a Special meeting on December 9, 2021.
Assuming the Oversight Board approves the sale, the Buyer is looking to close escrow
before the end of the year.
ENVIRONMENTAL DETERMINATION
Staff has evaluated the conveyance of the property from the Successor Agency to
Lindstrom RV and determined that the conveyance is categorically exempt from review
under the California Environmental Quality Act (CEQA) because the conveyance qualifies
for a Class 1 Categorical Exemption (Existing Facilities). That exemption applies because
the property that is the subject of the conveyance is currently being used as a recreational
vehicle storage and sales lot and will continue to be used for that same use in the future.
No change in use is anticipated as a result of this property conveyance. In addition, there
are no special circumstances that would create the potential for a significant effect on an
environmental resource as a result of the transfer of title to the property.
FISCAL IMPACT
The Property is to be sold for appraised fair market value. Disposition of the Property will
yield $710,000 (fair market value as of most recent appraisal) in sale proceeds upon
closing, of which approximately $48,000 would be paid for closing and escrow costs.
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Additionally, the remainder of the funds would be retained (“Retained Sale Proceeds”) by
the Successor Agency in order to satisfy bond covenants relating to the tax-exempt bonds
that were issued by the former Redevelopment Agency to finance the purchase price of
the Property. Under the Treasury Regulations pertaining to tax-exempt bonds, the
Retained Sales Proceeds will be used to defease bonds to preserve the tax-exempt status
of the bonds.
COUNCIL GOAL COMPLIANCE
This action supports City Council Strategy 1, Goal 1, Objective 5 (1.5): “Dispose of
applicable former Moorpark Redevelopment Agency owned properties.”
STAFF RECOMMENDATION
Adopt Resolution No. SA-2021- _______, approving Purchase and Sale Agreement with
Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, subject to final language
approval of the Executive Director, and authorize Executive Director to execute the
agreement.
Attachment: Draft Resolution No. SA-2021-______
80
RESOLUTION NO. SA-2021-_____
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK APPROVING A
PURCHASE AND SALE AGREEMENT FOR A PROPERTY
AT 500 LOS ANGELES AVENUE, MAKING FINDINGS
REGARDING THE SURPLUS LAND ACT, AND TAKING
RELATED ACTIONS
WHEREAS, pursuant to AB X1 26 (enacted in June 2011), and the California
Supreme Court’s decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al., 53 Cal. 4th 231 (2011), the Redevelopment Agency of the City of
Moorpark (the “Former Agency”) was dissolved as of February 1, 2012, and the
Successor Agency was established as the successor entity to the Former Agency; and
WHEREAS, AB X1 26 added Part 1.8 (commencing with Section 34161) and Part
1.85 (commencing with Section 34170) to Division 24 of the Health and Safety Code
(“HSC”); and such Parts 1.8 and 1.85, together with any amendments and supplements
thereto enacted from time to time, are collectively referred to herein as the “Dissolution
Act”; and
WHEREAS, pursuant to the Dissolution Act, the Successor Agency is tasked with
winding down the affairs of the Former Agency; and
WHEREAS, pursuant to HSC Section 34175(b), all real properties of the Former
Agency transferred to the control of the Successor Agency by operation of law; and
WHEREAS, one of the properties transferred to the Successor Agency is located
at 500 Los Angeles Avenue (the “Los Angeles Avenue Property”); and
WHEREAS, the California Surplus Land Act (Government Code Sections 54220-
54234) generally requires the governing board of a local agency that owns land in fee
simple which is not necessary for the agency’s use to take formal action in a regular public
meeting to declare that the land is surplus land or exempt surplus land prior to undertaking
other action to dispose of the land; and
WHEREAS, as amended by Assembly Bill 1486, which took effect on January 1,
2020, the Surplus Land Act defines “local agency” for purposes of the Surplus Land Act
to include the Successor Agency, but Government Code Section 54234(b) also provides
that with respect to land that has been designated in a long range property management
plan pursuant to Health and Safety Code Section 34191.5 for sale or retained for future
development, the Surplus Land Act, as it existed on December 31, 2019, without regard
to the changes made to the Surplus Land Act by Assembly Bill 1486, shall apply to the
disposition of the land if (i) an exclusive negotiating agreement for disposition is entered
into not later than December 31, 2020, and (ii) the disposition is completed not later than
December 31, 2022; and
ATTACHMENT
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Resolution No. SA-2021-____
Page 2
WHEREAS, the Surplus Land Act, as it existed on December 31, 2019, did not
apply to successor agencies; and
WHEREAS, the Los Angeles Avenue Property has been under lease to Tom
Lindstrom RV Sales, Inc. (the “Dealership”) for use as a recreation vehicle dealership;
and
WHEREAS, the Successor Agency entered into an Exclusive Negotiating
Agreement with respect to the disposition of the Los Angeles Avenue Property with the
Lindstrom Trust, dated December 22, 2020, (“ENA”); and
WHEREAS, there has been presented to this Board a Purchase and Sale
Agreement (the “PSA”) by and between the Lindstrom Trust and the Successor Agency
for the sale of the Los Angeles Avenue Property; and
WHEREAS, the Los Angeles Avenue Property is proposed to be sold to the
Lindstrom Trust for the purchase price of $710,000, pursuant to a fair market appraisal.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
SECTION 2. The Board of Directors hereby finds that because the Successor
Agency entered into the ENA with respect to the disposition of the Los Angeles Avenue
Property prior to December 31, 2020, the disposition of the Los Angeles Avenue Property
is not subject to the Surplus Land Act, provided that the disposition of the Los Angeles
Avenue Property is completed not later than December 31, 2022.
SECTION 3. The staff of the Successor Agency are hereby authorized to submit
a copy of this Resolution to the California Department of Housing and Community
Development.
SECTION 4. The Purchase and Sale Agreement, in the form attached hereto as
Exhibit A, is hereby approved. Each of the Chair of this Board, the Vice Chair of this
Board and the Executive Director of the Successor Agency (each, an “Authorized
Officer”), individually, is hereby authorized to execute and deliver, for and in the name of
the Successor Agency, the Purchase and Sale Agreement in substantially such form, with
changes therein as the Authorized Officer may approve (such approval to be conclusively
evidenced by the execution and delivery thereof).
SECTION 5. The Los Angeles Avenue Property was acquired with tax-exempt
bond proceeds, and the bond covenants continue to be enforceable obligations of the
Successor Agency. As such, the treatment of the proceeds related to the sale of the Los
Angeles Avenue Property must be in a manner that complies with the bond covenants to
preserve the tax-exempt status of the bonds in accordance with federal tax law as
determined by the Successor Agency bond counsel.
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Resolution No. SA-2021-____
Page 3
SECTION 6. The Successor Agency has considered the staff determination that
the conveyance is categorically exempt from review under the California Environmental
Quality Act (CEQA) because the conveyance qualifies for a Class 1 Categorical
Exemption (Existing Facilities). The Successor Agency concurs with staff, and in its
independent judgment determines that the exemption applies because the property that
is the subject of the conveyance is currently being used as a recreational vehicle storage
and sales lot and will continue to be used for that same use in the future. No change in
use is anticipated as a result of this property conveyance. In addition, there are no special
circumstances that would create the potential for a significant effect on an environmental
resource as a result of the transfer of title to the property.
SECTION 7. The Authorized Officers and all other officers of the Successor
Agency are hereby authorized, jointly and severally, to execute and deliver any and all
necessary documents and instruments and to do all things which they may deem
necessary or proper to effectuate the purposes of this Resolution and the Purchase and
Sale Agreement.
PASSED AND ADOPTED this 1st day of December, 2021.
____________________________________
Janice S. Parvin, Chair
ATTEST:
____________________________
Ky Spangler, Secretary
Attachment: Exhibit A – Purchase and Sale Agreement
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Resolution No. SA-2021-____
Page 4
EXHIBIT A
PURCHASE AND SALE AGREEMENT
between
Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust, and
the Successor Agency of the Redevelopment Agency of the City of Moorpark
(substantial final form)
(see attached)
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS (this “Agreement”) is dated as of , 2021, and is
entered into by and between the SUCCESSOR AGENCY TO THE MOORPARK
REDEVELOPMENT AGENCY (“Seller”), and THOMAS H. LINDSTROM and SARAH K.
LINDSTROM, as trustees of THE THOMAS H. LINDSTROM AND SARAH K.
LINDSTROM REVOCABLE TRUST (collectively, “Buyer”). Upon execution of this
Agreement by Buyer, Buyer shall promptly deliver a copy of this executed Agreement to
Seller.
RECITALS
A. Seller is the owner of the land described on Exhibit “A” and the
improvements (if any) thereon (collectively, the “Property”).
B. Buyer desires to purchase the Property from Seller and Seller desires to sell
the Property to Buyer.
C. The Property is a former commercial asset of the former Redevelopment
Agency of the City of Moorpark, and consequently, disposition of the Property is subject
to the approval of the Oversight Board for the Seller (and if applicable, approval of such
Oversight Board decision by the California Department of Finance).
D. The Property was acquired by the former Redevelopment Agency with
proceeds of bonds which necessitate that the Property be sold at its fair market value,
and the Seller has obtained an appraisal update (“Appraisal Update”) dated September
15, 2021, which establishes such fair market value as the purchase price hereinafter
described.
NOW, THEREFORE, in consideration of the Independent Consideration set forth
in Section 1.2.2 below, and for other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Buyer and Seller hereby agree as follows:
1. CONDITION PRECEDENT; AGREEMENT TO PURCHASE AND SELL;
PURCHASE PRICE.
1.1 Condition Precedent. The closing of the purchase and sale is
conditioned upon the approval of this Agreement by the Ventura County Consolidated
Oversight Board (“Oversight Board”) after public hearing thereon as required by
applicable law. Upon the execution of this Agreement by the Buyer, the Seller shall submit
this Agreement for approval by the Successor Agency Board and then the Oversight
Board, and shall promptly notify Buyer in writing of approval or disapproval by the
Oversight Board. The foregoing condition may not be waived.
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1.2 Agreement to Sell and Purchase. Seller agrees to sell the Property
to Buyer and Buyer agrees to purchase the Property upon the terms and conditions set
forth herein.
1.3 Purchase Price. The purchase price (“Purchase Price”) for the
Property shall be seven hundred ten thousand dollars ($710,000).
1.4 Deposit. Notwithstanding anything in this Agreement to the contrary,
upon execution of this Agreement by Buyer, a twenty one thousand three hundred dollars
($21,300.00) (3% of purchase price) deposit shall be delivered by Buyer to Escrow Agent
(Shirley Franks, Escrow Officer, Lawyers Title). The Deposit shall be applicable towards
the Purchase Price.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by a grant deed in
the form attached hereto as Exhibit “B” and shall be evidenced by a CLTA Standard
Coverage Form of Owner’s Policy of Title Insurance (or an ALTA Extended Coverage
Form Policy, if Buyer elects such coverage as provided in Section 2.3 hereof) (“Title
Policy”), and the cost of the Title Policy and any additional ALTA coverage shall be borne
by Buyer as described in Section 4.9 below. The Title Policy shall be issued by
Commonwealth Land Title Insurance Company (Sara Soudani) (“Title Company”), with
liability in the full amount of the Purchase Price, insuring title to the Property as vested in
Buyer, free and clear of all liens and encumbrances and other matters affecting title to the
Property, except title exceptions which Buyer has approved in writing (which shall
constitute “Approved Title Exceptions”). Real property taxes and assessments shall be
prorated as of the Close of Escrow.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the Close of Escrow, Seller shall not record or permit to be recorded
any document or instrument relating to the Property or physically alter the Property or
permit or cause to be altered without the prior written consent of the Buyer, which consent
may be withheld in Buyer’s sole and absolute discretion.
3. “AS IS” SALE. Buyer acknowledges that Seller is making no representations
or warranties about the Property, express or implied, and upon the Close of Escrow,
Buyer shall take title to the Property in its then current “AS IS” condition. Seller shall
disclose known material facts and defects affecting the property, and make any and all
other disclosures required by law.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow
Holder for that purpose.
4.2 Escrow Holder. The escrow shall be opened with Lawyers Title
Company, Shirley Franks (Escrow Officer), 2751 Park View Court, Suite 241, Oxnard, CA
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93036 (Escrow Order No. 09197983) (referred to herein as “Escrow Holder” in its capacity
as escrow holder), within five (5) business days after the execution of this Agreement by
Buyer and Seller depositing an executed copy or executed counterparts of this Agreement
with Escrow Holder. This document shall be considered as the escrow instructions
between the parties, with such further consistent instructions as Escrow Holder requires
in order to clarify the duties and responsibilities of Escrow Holder.
4.3 Close of Escrow. For the purposes of this Agreement, “Close of
Escrow” shall be the date on which a grant deed for the Property in favor of Buyer is
recorded in the Official Records of the Ventura County Recorder’s Office. Provided all of
Seller’s and Buyer’s obligations to be performed on or before Close of Escrow have been
performed (or waived) and all the conditions to the Close of Escrow set forth in this
Agreement have been satisfied (or waived), escrow shall close fifteen (15) days after the
last condition to close has been satisfied but in no event shall the closing occur after
December 31, 2021. All risk of loss or damage with respect to the Property shall pass
from Seller to Buyer at the Close of Escrow. Possession of the Property shall be delivered
to Buyer upon the Close of Escrow.
4.4 Seller Required to Deliver. Before the Close of Escrow, Seller shall
deposit into escrow the following:
4.4.1 A grant deed conveying the Property to Buyer, in the form
attached hereto as Exhibit “B”, duly executed by Seller and acknowledged (the “Grant
Deed”);
4.4.2 If required by Escrow Holder, A California 593 certificate and
federal non-foreign affidavit (with respect to Seller);
4.4.3 Any other documents reasonably required by Escrow Holder
or the Title Company to be deposited by Buyer to carry out this escrow.
4.5 Buyer Required to Deliver. On or before the Close of Escrow, Buyer
shall deposit into escrow the following (properly executed and acknowledged, if
applicable):
4.5.1 The Purchase Price; and
4.5.2 Any other documents reasonably required by Escrow Holder
to be deposited by Buyer to carry out this escrow.
4.6 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to
be deposited as provided in this Agreement. Additionally, Buyer’s obligation to proceed
with the transaction contemplated by this Agreement is subject to the satisfaction or
waiver of all of the following conditions precedent:
4.6.1 Seller shall have performed all agreements to be performed
by Seller hereunder.
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4.6.2 Title Company shall have issued or shall have committed to
issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to
the Property to be vested in Buyer subject only to the Approved Title Exceptions.
If any of the conditions to Close of Escrow are not timely satisfied for a
reason other than a default of Buyer or Seller under this Agreement, and this Agreement
is terminated, then upon termination of this Agreement, Escrow Holder shall promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by
Buyer in escrow and to return to Seller all funds and documents deposited by Seller in
escrow and which are held by Escrow Holder on the date of the termination (less, in the
case of the party otherwise entitled to such funds, however, the amount of any
cancellation charges required to be paid by such party under Section 4.11 below).
4.7 Recordation of Grant Deed; Delivery of Funds and Possession. Upon
receipt of the funds and instruments described in this Section 4, Escrow Holder shall
cause the Grant Deed to be recorded in the office of the County Recorder of Ventura
County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow
(less appropriate charges) to Seller, and Seller shall deliver possession of the Property
to Buyer free and clear of all occupants.
4.8 Prorations. All property taxes and assessments shall be prorated
between Buyer and Seller as of the Close of Escrow based on the latest available tax
information. All prorations shall be determined on the basis of a 360-day year.
4.9 Costs of Escrow. Seller shall pay the premium for the Title Policy
(including the cost of extended coverage and the cost of any survey obtained by Seller in
connection with such extended coverage), as well as half (50%) of escrow fees, recording
costs (if any), transfer taxes and any other closing costs or charges not expressly provided
for herein.
4.10 Brokers. Seller has engaged Kosmont Real Estate Services, and
Buyer has engaged John W. Newton Associates, Inc. as brokers in connection with this
transaction. Seller shall pay commissions that may be due to Kosmont Real Estate
Services pursuant to a separate written agreement (if any exists, such that a commission
is legally owed) with Kosmont Real Estate Services. Kosmont Real Estate Services has
agreed to share such commission 50-50 with Buyer’s broker. Buyer and Seller represent
to one another that no other broker or finder has been engaged by it in connection with
the transaction contemplated by this Agreement, or to its knowledge is in any way
connected with such transaction, and each party covenants and agrees that any other
broker fee or commission, which may be due or payable in connection with the closing of
the transaction contemplated by this Agreement through its dealings with that party, shall
be borne solely by that party. Each party agrees to defend, indemnify and hold harmless
the other party and its respective employees, agents, representatives, council members,
attorneys, successors and assigns, from and against all claims of any agent, broker,
finder or other similar party arising from or in connection with its activities relating to the
sale of the Property to Buyer.
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4.11 Escrow Cancellation Charges. In the event that this escrow shall fail
to close by reason of the default of either party hereunder, the defaulting party shall be
liable for all escrow and title cancellation charges. In the event that the escrow shall fail
to close for any other reason, each party shall pay one-half (1/2) of all escrow and title
cancellation charges.
5. ATTORNEYS’ FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, the prevailing party in
such action shall be awarded, in addition to damages, injunctive or other relief, its
reasonable costs and expenses, not limited to taxable costs, reasonable attorneys’ fees
and reasonable fees of expert witnesses.
6. NOTICES. All notices, requests, demands and other communication given
or required to be given hereunder shall be in writing and sent by first class United States
registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the
parties as follows:
To Buyer: Tom and Sarah Lindstrom
500 Los Angeles Avenue
Moorpark CA 93021
To Seller: Successor Agency/City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: Executive Director/City Manager
Delivery of any notice or other communication hereunder shall be deemed made
on the date indicated in the return receipt or courier’s records as the date of delivery or
as the date of first attempted delivery, if sent by mail or courier service. Any party may
change its address for purposes of this Section by giving notice to the other party as
herein provided.
7. ASSIGNMENT. Neither this Agreement nor any interest herein may be
assigned by either party without the prior written consent of the other party.
8. ENTIRE AGREEMENT. This Agreement contains all of the agreements of
the parties hereto with respect to the matters contained herein, and all prior or
contemporaneous agreements or understandings, oral or written, pertaining to any such
matters are merged herein and shall not be effective for any purpose. No provision of this
Agreement may be amended, supplemented or in any way modified except by an
agreement in writing signed by the parties hereto or their respective successors in interest
and expressly stating that it is an amendment of this Agreement.
9. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and
the same instrument.
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10. EMAIL DELIVERY. This executed Agreement (and executed counterparts
of this Agreement), may be delivered by email to jsandifer@moorparkca.gov for Seller
and to TomLindstromRv@gmail.com and Newtoncnslt@msn.com for Buyer.
11. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
12. THIRD PARTIES. Nothing contained in this Agreement, expressed or
implied, is intended to confer upon any person, other than the parties hereto and their
successors and assigns, any rights or remedies under or by reason of this Agreement.
13. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein, unless
such invalidity, illegality or unenforceability materially affects the economic terms of the
transactions contemplated by this Agreement or the ability of either party to perform its
obligations under this Agreement. In such case, either party may terminate this
Agreement and the escrow upon written notice to the other party given no later than ten
(10) business days after the party giving such notice becomes aware of such invalidity,
illegality or unenforceability. In the event of such termination, all funds deposited with
Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer.
14. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any
further acts and to execute, acknowledge and deliver any further documents that may be
reasonably necessary to carry out the provisions of this Agreement.
15. AUTHORITY OF EXECUTIVE DIRECTOR/CITY MANAGER. The
Executive Director/City Manager of Seller may give any and all notices, consents and
terminations hereunder on behalf of Seller provided they are in writing.
16. DUE AUTHORIZATION/EXECUTION. Upon execution hereof, each party
shall promptly provide to the other party reasonable evidence of its due authorization of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
BUYER:
_______________________________
Thomas H. Lindstrom, Trustee of The
Thomas H. Lindstrom and Sarah K.
Lindstrom Revocable Trust
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_______________________________
Sarah K. Lindstrom, Trustee of The
Thomas H. Lindstrom and Sarah K.
Lindstrom Revocable Trust
SELLER:
SUCCESSOR AGENCY TO THE
MOORPARK REDEVELOPMENT
AGENCY
By:
Troy Brown
Executive Director
Attest:
Ky Spangler, City Clerk/Secretary
APPROVED AS TO FORM:
Kevin G. Ennis, Successor Agency
Counsel
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Exhibit “A”
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE LAND
92
THAT PORTION OF LOT 45 AS PER MAP ENTITLED "MAP OF FREMONT, A SUBDIVISION OF LOT 'L' OF
THE RANCHO SIMI, VENTURA CO., CAL." RECORDED IN BOOK 3, PAGE 39 OF MAPS AND A PART OF LOT
"L" AS PER MAP ENTITLED "MAP OF A PART OF TRACT 'L' OF THE RANCHO SIMI, VENTURA COUNTY,
CALIFORNIA", RECORDED IN BOOK 5, PAGE 5, OF MAPS, TOGETHER AS A WHOLE, AS ACQUIRED BY
THE STATE OF CALIFORNIA IN DEED (STATE PARCEL NO. 2) RECORDED JULY 18, 1942 IN BOOK 660,
PAGE 24 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT
THEREON 225.00 FEET EASTERLY FROM THE INTERSECTION THEREOF WITH THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF SAID LOT 45; THENCE EASTERLY ALONG SAID
CENTERLINE, A DISTANCE OF 210.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID
CENTERLINE, A DISTANCE OF 441.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO LAST DESCRIBED
COURSE, A DISTANCE OF 210.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO LAST DESCRIBED
COURSE, A DISTANCE OF 441.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE NORTHERLY 59.00 FEET OF THE ABOVE DESCRIBED PARCEL.
SAID PARCEL BEING A PORTION OF THE LAND DESCRIBED BY THE STATE OF CALIFORNIA DIRECTOR'S
DEED TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK RECORDED AS INSTRUMENT NO.
20090416-00059668 OF THE OFFICIAL RECORDS OF VENTURA COUNTY, CALIFORNIA.
ALL AS SHOWN ON EXHIBIT 'B' AND BY REFERENCE HEREIN, MADE A PART.
DESCRIPTION
EXHIBIT A
DATED: 11/23/2021
93
33RS65
PARCEL B
10PM09
PARCEL A
20PM05
PARCEL 1
PARCEL 2
LOT 46LOT 45 LOT 47
LOS ANGELES AVENUE
30'R/W LINE30'29'29'59'59'59'59'N.W. COR. LOT "L"LETA YANCY ROADUNIDOS AVENUE
INTERSECTION OF CENTERLINE
AND NORTHERLY PROLONGATION
OF WEST LINE OF LOT 45
ORIGINAL
R/W LINE
NORTH LINE
OF LOT 45
R/W LINE
N90°E 225.00'
APN 506-0-050-080382.00'441.00'210.00'
N90°E
WEST LINE
OF LOT 45
CENTERLINE
59.00'
210.00'
210.00'382.00'441.00'MAP OF FREMONT
A SUBDIVISION OF LOT "L" OF THE
RANCHO SIMI, VENTURA COUNTY, CALIFORNIA
M.R. BOOK 3, PAGE 39
LOT "L" OF THE
MAP OF A PART OF LOT "L" OF THE
RANCHO SIMI, VENTURA COUNTY, CALIFORNIA
M.R. BOOK 5, PAGE 5
EXHIBIT 'B'
DATED: 11/23/2021
TOTAL AREA = 80,220 SQ. FT
SCALE: 1" = 120'
CENTERLINE
PROPERTY LINE
LEGEND:
R/W LINE
RIGHT-OF-WAYR/W
MISCELLANEOUS RECORDSM.R.
ASSESSOR'S PARCEL NUMBERAPN
PARCEL MAPPM
RECORD OF SURVEYRS
OFFICIAL RECORDSO.R.
SKETCH OF DESCRIPTION
BOUNDARY LINE
94
Exhibit “B”
Page 1 of 6
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EXHIBIT “B”
FORM OF GRANT DEED
(Attached.)
95
Exhibit “B”
Page 2 of 6
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RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO (AND SEND TAX AND ASSESSMENT
STATEMENTS TO):
Tom and Sarah Lindstrom
500 Los Angeles Avenue
Moorpark CA 93021
APN: 506-0-050-080
[SPACE ABOVE FOR RECORDER’S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees
pursuant to California Government Code Section 27383.
Documentary Transfer Tax is $_____________ (to be inserted by escrow)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the [SUCCESSOR AGENCY TO THE MOORPARK REDEVELOPMENT AGENCY]
(“Grantor”) hereby grants to [THOMAS H. LINDSTROM and SARAH K. LINDSTROM, as
trustees of THE THOMAS H. LINDSTROM AND SARAH K. LINDSTROM REVOCABLE
TRUST (“Grantee”), the land located in the City of Moorpark, County of Ventura, State of
California, more particularly described on Exhibit A attached hereto and incorporated
herein by reference and all improvements thereon (collectively, the “Property”), subject to
all matters of record and all matters visible upon diligent inspection.
Grantee agrees, for itself, its successors and assigns, to refrain from restricting the
rental, sale or lease of the Property on any basis listed in subdivision (a) or (d) of Section
12955 of the California Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and
Section 12955.2 of the California Government Code, rental, sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee or
any such person claiming under or through him establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of
the Property. The foregoing covenants shall run with the Property.
All deeds, leases or contracts entered into by Grantee, its successors and assigns,
or any successor-in-interest to all or any portion of or interest in the Property shall contain
or be subject to substantially the following nondiscrimination or non-segregation clauses:
1. In deeds: “The grantee herein covenants by and for and all persons claiming
under or through them, that there shall be no discrimination against or segregation
96
Exhibit “B”
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of, any person or group or persons on account of any basis listed in subdivision (a)
or (d) of Section 12955 of the California Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the Property herein conveyed, nor shall the grantee himself,
establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the Property herein conveyed. The
foregoing covenants shall run with the Property.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect to
familial status, nothing in said paragraph shall be construed to affect Sections 51.2,
51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California
Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California
Government Code shall apply to said paragraph.”
2. In leases: “The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through
him, and that this lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation of, any person or group
or persons on account of any basis listed in subdivision (a) or (d) of Section 12955
of the California Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,
and Section 12955.2 of the California Government Code, in the leasing,
subleasing, transferring, use, or enjoyment of the Property herein leased nor shall
the lessee himself, or any person claiming under or through him, establish or
permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the Property herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect to
familial status, nothing in said paragraph shall be construed to affect Sections 51.2,
51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California
Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California
Government Code shall apply to said paragraph.”
(a) 3. In contracts: “There shall be no discrimination against or segregation of, any
person or group or persons on account of any basis listed in subdivision or (d) of
97
Exhibit “B”
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Section 12955 of the California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the California Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor shall the transferee himself or any person claiming under or through
him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the Property.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect to
familial status, nothing in said paragraph shall be construed to affect Sections 51.2,
51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California
Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California
Government Code shall apply to said paragraph.”
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date
set forth below.
Dated: , 2021
GRANTOR:
SUCCESSOR AGENCY TO THE
MOORPARK REDEVELOPMENT
AGENCY
By:
Print Name: ________________________
Title: ____________________________
98
Exhibit “B”
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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 the document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ________________ ____, 20____ 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(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: ______________________
(affix seal in above space)
99
Exhibit “B”
Page 6 of 6
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Exhibit A
to Grant Deed
100