HomeMy WebLinkAboutAGENDA REPORT 2022 1019 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 19, 2022
ACTION ADOPTED RESOLUTION NO. 2022-
4141. (ROLL CALL VOTE: 3-0,
COUNCILMEMBERS ENEGREN AND GROFF
RECUSED)
BY A. Hurtado.
F. Consider Resolution Correcting Legal Description for Second Amendment to the
Disposition and Development Agreement No. 2018-01 between the City of
Moorpark and Daly Group, Inc. Staff Recommendation: Adopt Resolution No.
2022-4141, approving the legal description for the Second Amendment to
Disposition and Development Agreement No. 2018-01. (Staff: Carlene Saxton,
Community Development Director) (ROLL CALL VOTE REQUIRED)
Item: 10.F.
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carlene Saxton, Community Development Director
DATE: 10/19/2022 Regular Meeting
SUBJECT: Consider Resolution Correcting Legal Description for Second
Amendment to the Disposition and Development Agreement No.
2018-01 between the City of Moorpark and Daly Group, Inc.
BACKGROUND
On September 21, 2022, the City Council adopted Resolution No. 2022-4131, approving
the Second Amendment to the Disposition and Development Agreement (DDA)
between the City of Moorpark and Daly Group Inc., for the High Street Depot Project.
The Second Amendment to the DDA was requested by the Daly Group, Inc. in order to:
(i)extend the close of escrow date from September 30, 2022 to April 8, 2023; (ii) to
extend the effectiveness of the property’s appraisal date from six to nine months; and
(iii)to exclude from the property to be conveyed by the City to the Daly Group, Inc. a
small 240 square foot corner of that property so that corner is retained by the City and
not conveyed to the Daly Group, Inc.
DISCUSSION
Following the City Council’s adoption and execution of Resolution No. 2022-4131, and
the execution of the Second Amendment to the DDA, staff identified that the incorrect
legal description of Excluded Property to be transferred was attached to the Second
Amendment to the DDA. The description that was attached was incorrect because it
contained both the 240 square foot excluded area but also land area that was never
intended to be conveyed to the Daly Group, Inc. That incorrect legal description was
included as part of the administrative action taken by the City Council. In order to
correct the City Council’s official action in this matter and in order to correctly describe
the portion of property to be excluded from the property to be conveyed at close of
escrow, a new resolution had been prepared for Council adoption to formally approve of
replacement of the incorrect legal description to the Second Amendment to the DDA
with the correct legal description and to direct staff to carry out that replacement in all
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Honorable City Council
10/19/2022 Regular Meeting
Page 2
executed and file copies of the Second Amendment to the DDA with appropriate
communications with, and copies to be sent to, the Daly Group, Inc..
FISCAL IMPACT
There are no direct fiscal impacts associated with this request.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2022-____, approving the legal description for the Second
Amendment to Disposition and Development Agreement No. 2018-01.
Attachment: Draft Resolution No. 2022-____
539
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CORRECTING THE LEGAL
DESCRIPTION ATTACHED TO THE SECOND
AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT NO. 2018-01 ADOPTED WITH RESOLUTION
NO. 2022-4131 FOR THE SALE OF PROPERTY LOCATED
AT 226 HIGH STREET
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”), and adopted Resolution No. 2020-3950 memorializing the same;
and
WHEREAS, on December 15, 2021, the City Council approved the First
Amendment to the DDA, and adopted Resolution No. 2021-4057 memorializing the same;
and
WHEREAS, on September 21, 2022, the City Council approved the Second
Amendment to the DDA, and adopted Resolution No. 2022-4131 memorializing the same;
and
WHEREAS, the need has arisen to correct the legal description attached to the
Second Amendment to the DDA that was approved by Resolution No. 2022-4131 so as
to accurately describe the “Excluded Portion” of the property to be conveyed to the Daly
Group, Inc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The legal description attached herewith as Exhibit A to this
Resolution, and which describes approximately 240 square feet of land area, is hereby
approved as the corrected and superseding legal description for the “Excluded Portion”
of the property to be conveyed by the City to the Daly Group, Inc.
SECTION 2. Exhibit A to this Resolution shall supersede and replace the legal
description included as part of Resolution No. 2022-4131 and the Exhibit A in the Second
Amendment to the DDA.
ATTACHMENT
540
Resolution No. 2022-____
Page 2
SECTION 3. The City Clerk shall cause Exhibit A to this Resolution to replace the
former Exhibit A in the executed and file copies of the Second Amendment to the DDA
and shall provide appropriate communications and copies of the corrected Second
Amendment to the DDA to the Daly Group, Inc.
SECTION 4. 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 19th day of October, 2022.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Legal Description
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Resolution No. 2022-____
Page 3
EXHIBIT A
DESCRIPTION OF EXCLUDED PORTION
542