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Home My WebLink AboutRES CC 2022 4131 2022 0921 RESOLUTION NO. 2022-4131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. 2018-01 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, 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 10, 2020, the Planning Commission recommended approval of Resolution No. PC-2020-653, 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 WHEREAS, on December 15, 2021 , the City Council adopted Resolution No. 2021-4057 approving the First Amendment to the DDA; and WHEREAS the Developer has demonstrated diligent pursuit of the project including submittal of building plans, further design work, and continued engagement with City Staff; and Resolution No. 2022-4131 Page 2 WHEREAS, the Developer has agreed to the terms of the transaction as outlined in the Second Amendment to DDA; and WHEREAS, the City desires to proceed with the sale of the Property pursuant to the terms of the Second 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 September 21, 2022, the City Council considered adoption of Resolution No. 2022-4131 approving the Second 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 Second Amendment to the Disposition and 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 Second 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 Second 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. 2022-4131 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. 2022-4131 approving Second 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 21st day of September, 2022. Ja► ice S. Parvin, Mayor Q¢ $ ATTEST: Q iillr 1% tfit IrOW40 Ky Spa ler, Cit lerk *�� „ 01.? - Exhibit A — Second Amendment to Disposition and Development Agreement 2018-01 Resolution No. 2022-4131 Page 4 EXHIBIT A SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Second Amendment") is dated as of , 2022, and is entered into by and between the CITY OF MOORPARK, a municipal corporation ("City"), and DALY GROUP, INC., a California corporation ("Developer"). RECITALS A. The City and the Developer entered into that certain Disposition and Development Agreement dated October 23, 2020, and amended it by a First Amendment to Disposition and Development Agreement dated December 15, 2021 (the "DDA"); and B. The City and the Developer desire to further amend the DDA by further extending the Close of Escrow deadline therein, altering the timing for the appraisal/appraisal update to be used to determine the purchase price, and omitting some land from the Property covered by the DDA ("Excluded Portion"); such Excluded Portion being described on Exhibit "A" attached hereto. NOW, THEREFORE, the parties agree as follows: I. EXTENSION OF DEADLINE FOR CLOSE OF ESCROW. The September 30, 2022, 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 April 8, 2023. II. MODIFICATION OF TIMING OF APPRAISAL/APPRAISAL UPDATE. The phrase "six (6) months", which appears in three places in Section 2.1 of the DDA, is hereby replaced with "nine (9) months" in said Section 2.1 of the DDA. III. REMOVAL OF EXCLUDED PORTION FROM DDA PROPERTY. The Excluded Portion is hereby excluded from the Property described in the DDA, and the term "Property" as used in the DA shall not include such Excluded Portion. IV. COUNTERPARTS. This Second 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. Resolution No. 2022-4131 Page 5 IV. EFFECT OF AMENDMENT. Except as expressly set forth in this Second Amendment, the DDA shall remain unmodified (and shall remain in full force and effect). IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written. DEVELOPER: CITY: DALY GROUP, INC., CITY OF MOORPARK a California corporation By: By: Vincent Daly, Janice Parvin, its President Mayor ATTEST: Ky Spangler , City Clerk APPROVED AS TO FORM: By: Kevin G. Ennis, City Attorney Resolution No. 2022-4131 Page 6 EXHIBIT "A" DESCRIPTION OF EXCLUDED PORTION EXHIBIT 'A' CITY OF MOORPARK LOT LINE ADJUSTMENT NO. 2022-01 PROPOSED PARCEL 1 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 2017-01,IN THE CITY OF MOORPARK,COUNTY OF VENTURA, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 72,PAGES 27 THROUGH 30, INCLUSIVE, OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; TOGETHER WITH THAT PORTION OF PARCEL 2 OF SAID PARCEL MAP NO. 2017-01, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2;THENCE ALONG THE WEST LINE OF SAID PARCEL 2, 1) NORTH 00°29'25" EAST, A DISTANCE OF 8.00 FEET; THENCE LEAVING SAID WEST LINE OF PARCEL 2, 2) SOUTH 89°30'35"EAST,A DISTANCE OF 20.00 FEET; THENCE, 3) SOUTH 00°29'25"WEST,A DISTANCE OF 5.00 FEET;THENCE, 4) SOUTH 89°30'35"EAST,A DISTANCE OF 26.73 FEET;THENCE, 5) SOUTH 00°29'25"WEST, A DISTANCE OF 3.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 2;THENCE ALONG SAID SOUTH LINE, 6) NORTH 89°30'35" WEST, A DISTANCE OF 46.73 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 17,207 SQUARE FEET OF LAND. ALL AS SHOWN ON EXHIBIT'B'AND BY REFERENCE HEREIN,MADE A PART. GNpC LA MO a\5D.,ve sGtc.1. N o. z s 6 3 8�� DATED: 06/29/2022 9TF OF CALN' LW N0:22-6203 Resolution No. 2022-4131 Page 7 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. 2022-4131 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of September, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Pollock and Mayor Parvin NOES: None ABSENT: Councilmembers Enegren and Groff ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of September, 2022. kt4gKy Sp ler, Cit lerk (seal) 09.pARtc 01 ::0101111111* N.% AD Q► /0/ C -. 1 1 9q �. 'FO -