HomeMy WebLinkAboutAGENDA REPORT 2023 0118 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 18, 2023
ACTION ADOPTED ORDINANCE NO. 510.
(ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
A. Consider Ordinance No. 510 Approving Zone Change No. 2016-02 and
Development Agreement No. 2016-02, on the Application of James and Makenzie
Rasmussen on behalf of Moorpark Property 67, LLC. Staff Recommendation:
Waive full reading, declare Ordinance No. 510 read for the second time, and
adopted as read. (Staff: Doug Spondello, Deputy Community Development
Director) (ROLL CALL VOTE REQUIRED)
Item: 11.A.
ORDINANCE NO. 510
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2016-02
AND DEVELOPMENT AGREEMENT NO. 2016-02, ON THE
APPLICATION OF JAMES AND MAKENZIE RASMUSSEN
ON BEHALF OF MOORPARK PROPERTY 67, LLC
WHEREAS, on October 31, 2016, James and Makenzie Rasmussen, on behalf of
Moorpark Property 67, LLC (Applicant) submitted a development application for the
General Plan Amendment No. 2016-02 (“GPA”), Zone Change No. 2016-02 (“ZC”),
Residential Planned Development No. 2016-02 (“RPD”), Vesting Tentative Tract Map for
Tract No. for Tract No. 5847 (2016-02) (“VTTM”), and Development Agreement No. 2016-
02 (“DA”) for the subdivision and development of 134 residential units and five future
residential lots, including associated open space, parks, and landscaping, as well as
roadways, stormwater and detention facilities, and associated improvements on 68 acres
of property generally located north of Poindexter Avenue, west of Gabbert Road, and
inclusive of Assessor Parcel Nos. 511-0-190-285 and 511-0-190-305 (the “Project”); and
WHEREAS, pursuant to Section 15074 of the State Guidelines for the California
Environmental Quality Act (“CEQA” and the “State CEQA Guidelines”), an Initial Study
and Draft Mitigated Negative Declaration (MND), dated September 2022 has been
prepared and, based on the type and intensity of the Project and information contained
therein, the Initial Study and Draft MND concluded that the Project, with the proposed
mitigation measures, would not have a significant adverse effect on the environment; and
WHEREAS, the MND further identified that the project will have no or less than
significant effects on aesthetics, agriculture and forestry resources, energy, greenhouse
gas emissions, hazards and hazardous materials, hydrology/water quality, land
use/planning, mineral resources, noise, population/housing, public services, recreation,
tribal cultural resources, utilities/service systems, and wildfire. In addition, the Draft MND
identified that the Projects impacts on air quality, biological resources, cultural resources,
geology/soils, and transportation are potentially significant but can be reduced to less
than significant levels by implementation of the mitigation measures identified in the MND;
and
WHEREAS, on September 22, 2022, the City of Moorpark Community
Development Department as the lead agency for the Project, published pursuant to CEQA
a Notice of Intent to Adopt a MND for the Project (State Clearinghouse No. 2022090401)
(“NOI”) analyzing the potential impacts of the Project on the environment and provided
copies of the NOI and Draft MND for a 32-day public comment period, between
September 22, 2022, and October 24, 2022; and
WHEREAS, the City received seven comment letters during the Draft MND public
review period and thereafter prepared written responses to all comments received on the
Draft MND and those responses to comments were incorporated into the Final MND. The
Final MND is hereby incorporated by this reference and is on-file with the Community
Development Department; and
Item: 11.A.
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Ordinance No. 510
Page 2
WHEREAS, in connection with the approval of a project involving the preparation
of an MND that identifies one or more potentially significant environmental effects, CEQA
requires the decision-making body of the lead agency to incorporate feasible mitigation
measures that would reduce those potentially significant effects to a less than significant
level; and
WHEREAS, pursuant to CEQA Section 15074, whenever a lead agency approves
a project requiring implementation of measures to mitigate or avoid potentially significant
effects on the environment, the lead agency is required to adopt a mitigation monitoring
and reporting program to ensure compliance with the mitigation measures during project
implementation. A copy of the Mitigation Monitoring and Reporting Program (“MMRP”)
for the Project, which defines the measures which would be imposed to mitigate
potentially significant environmental impacts is attached hereto as Exhibit A and
incorporated herein by this reference; and
WHEREAS, at a duly noticed public hearing on November 22, 2022, the Planning
Commission considered the Final MND and proposed Project, including the agenda
report and any supplements thereto and written public comments; opened the public
hearing and took and considered public testimony both for and against the proposal; and
reached a decision on this matter, adopting Resolution No. PC-2022-686 recommending
that the City Council adopt the Final MND and approve the Project; and
WHEREAS, at a duly noticed public hearing on January 4, 2023, the City Council
considered the Final MND and proposed Project, including public testimony both for and
against the proposal, and reached adopted Resolution No. 2023-4152 adopting the MND,
MMRP, and approving the GPA, VTTM, and RPD, associated with the Project subject to
certain findings and conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The findings made in this Ordinance are based upon the information
and evidence set forth in the adopted Final MND and upon other substantial evidence
that has been presented at the hearings and in the record of the proceedings. The Final
MND, agenda reports, technical studies, and appendices, plans, specifications, other
documents and materials, and record of public testimony that constitute the record of
proceedings on which this Resolution is based (the Project Record) are on-file for public
examination during normal business hours at the City of Moorpark, Community
Development Department, 799 Moorpark Avenue, Moorpark, California, 93021. Each of
these documents is incorporated herein by reference.
SECTION 2. Prior to taking action, the City Council has heard, been presented
with, reviewed and considered the information and data in the Project Record, including
oral and written testimony presented for and during the public hearings.
SECTION 3. Prior to taking action on this Ordinance, the City Council, pursuant
to Public Resources Code Section 21081.6, adopted Resolution No. 2023-4152 by which
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Ordinance No. 510
Page 3
the City Council making findings adopted the MND and MMRP associated with the
Project, which is incorporated herein by reference, and has adopted each mitigation
measure set forth therein as a condition of the Project’s approval. By Resolution No.
2023-4152, the City Council also approved the GPA, VTTM, and RPD associated with
the Project, subject to Conditions of Approval.
SECTION 4. ZONE CHANGE FINDINGS - Based upon the information set forth
in the Project Record, including the Initial Study and MND, the City Council finds that the
proposed ZC depicted in Exhibit A, to change the zoning designation of the Project Site
from Agriculture Exclusive (AE) to RE-5AC, Residential Planned Development (RPD) and
Open Space (OS) is consistent with the General Plan, as amended by GPA 2016-02,
because the approved General Plan land use designation of the Property will allow for
the proposed development. In addition, the proposed zoning designation is consistent
with the General Plan Housing Element.
SECTION 5. ZONING ORDINANCE AMENDMENT – Based on the findings and
conclusions set for in the above sections and based upon all other evidence in the Project
Record, the City Council hereby approves Zone Change No. 2016-02, as depicted in
Exhibit A, and hereby amends the Official Zoning Map accordingly.
SECTION 6. DEVELOPMENT AGREEMENT FINDINGS – Based upon the
information set forth in the Project Record, including the MND and oral and written public
testimony, the City Council hereby approves the proposed DA, attached hereto as
Exhibit B, upon the following findings in accordance with Government Code Section
68565.2 and Section 15.40 of the Moorpark Municipal Code:
A. The provisions of the DA are consistent with the General Plan in that the Project
will provide for the orderly development of land uses identified in the City’s General
Plan and Zoning Ordinance, as appropriate for residential development and the
Development Agreement will serve to strengthen the planning process by vesting
development rights, addressing the timing of the development of public and private
improvements, determining the development fees and the provision of specific
community benefits and improvements. To that end, the Development Agreement
provides coordinated development that ensures minimal impacts to the community
and public facilities.
B. The provisions of the DA and the assurances that said agreement places upon the
Project are consistent with the provisions of Section 15.40 of the Moorpark
Municipal Code because the DA contains the elements required by Section
15.40.030 and has been processed through a duly noticed public hearing, as
required by law.
C. The DA includes all provisions required pursuant to Government Code Section
65865.2. The duration of the DA is 15 years, as specified in Section 19. The
permitted uses on the property are governed by the Project approvals as defined
in Section 1.4 the DA. The densities of uses on the property, maximum height and
size of proposed buildings, and the dedication and reservation of land for public
purposes are also specified in Section 6 of the DA and Project approvals.
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Ordinance No. 510
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SECTION 7. DEVELOPMENT AGREEMENT – Based on the findings and
conclusions set forth in the above sections, and based on all other evidence in the Project
Record, the City Council hereby approves Development Agreement No. 2016-02,
attached hereto and incorporated as Exhibit B.
SECTION 8. If any section, subsection, sentence, clause, phrase, part of portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 9. This ordinance shall become effective thirty (30) days after its
passage and adoption. The City Clerk shall cause a summary of this ordinance to be
published within 15 days after passage in accordance with Section 36933 of the
Government Code of the State of California with the names of the City Councilmembers
voting for and against it.
SECTION 10. The Applicant shall execute the DA after the adoption of this
ordinance. The City shall then execute the DA after the effective date of this ordinance.
SECTION 11. Pursuant to Government Code Section 65868.5, no later than 10
days after both the effective date of this ordinance and the execution of the DA, the City
Clerk shall record with the County Recorder a copy of the DA.
SECTION 12. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 18th day of January 2023.
Chris R. Enegren, Mayor
Ky Spangler, City Clerk
Attachments:
Exhibit A: Zone Change No. 2016-02
Exhibit B: Development Agreement No. 2016-02
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VTTM NO. 5847
EXHIBIT AOrdinance No. ___
Page 5
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12853-0055\2561493v3.doc
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK
AND
MOORPARK PROPERTY 67, LLC
Ordinance No. 510
Page 6
667
12853-0055\2561493v3.doc
DEVELOPMENT AGREEMENT
This Development Agreement the (“Agreement”) is made and entered into on
______________, 2023 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as “City”) and MOORPARK PROPERTY 67, LLC, the
owner of real property within the City of Moorpark generally referred to as Residential
Planned Development Permit 2016-02 (referred to hereinafter as “Developer”). City and
Developer are referred to hereinafter collectively as a “Party” and collectively as the
“Parties.” In consideration of the mutual covenants and agreements contained in this
Agreement, City and Developer agree as follows:
1. Recitals: This Agreement is made with respect to the following facts and
for the following purposes, each of which is acknowledged as true and
correct by the Parties:
1.1 Pursuant to Government Code Section 65864 et seq. and Moorpark
Municipal Code Chapter 15.40, City is authorized to enter into a
binding contractual agreement with any person having a legal or
equitable interest in real property within its boundaries for the
development of such property to establish certainty in the
development process.
1.2 Moorpark Property 67, LLC is the owner in fee simple of certain real
property in the City of Moorpark identified in the legal description set
forth in Exhibit “A” which exhibit is attached hereto and incorporated
by reference, commonly known as 5979 Gabbert Road, referred to
hereinafter as the “Property”.
1.3 Prior to, and in connection with, the approval of this Agreement, the
City Council reviewed the project to be developed pursuant to this
Agreement as required by the California Environmental Qu ality Act
(“CEQA.”) On January 4, 2023, the City Council adopted Resolution
No. 2023-4152, adopting the Mitigated Negative Declaration (“ND”)
prepared for this Agreement and the Project Approvals as defined in
Subsection 1.4 of this Agreement.
1.4 General Plan Amendment (GPA) No. 2016-02, Zone Change
(ZC) No. 2016-02, Residential Planned Development (RPD) Permit
No. 2016-02, Vesting Tentative Tract Map (TTM) No. 5847 including
all subsequently approved modifications and permit adjustments to
the RPD Permit, TTM, and all amendments thereto (collectively “the
Project Approvals”; individually “a Project Approval”) provide for the
development of the Property with one hundred thirty-four (134) single
family homes and five (5) estate lots and the construction of any
improvements in connection therewith (“the Project”).
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2
1.5 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees
to limit the future exercise of certain of its governmental and
proprietary powers to the extent specified in this Agreement.
1.6 By this Agreement, Developer desires to obtain the binding
agreement of City to permit the development of the Property in
accordance with the Project Approvals and this Agreement. In
consideration thereof, Developer agrees to waive its rights to legally
challenge the limitations and conditions imposed upon the
development of the Property pursuant to the Project Approvals and
this Agreement and to provide the public benefits and improvements
specified in this Agreement.
1.7 City and Developer acknowledge and agree that the consideration to
be exchanged pursuant to this Agreement is fair, just and reasonable
and that this Agreement is consistent with the General Plan of City,
as currently amended.
1.8 On November 22, 2022, the Planning Commission commenced a
duly noticed public hearing on this Agreement, and at the conclusion
of the hearing on November 22, 2022, recommended approval of this
Agreement.
1.9 On January 4, 2023, the City Council of City (“City Council”)
commenced a duly noticed public hearing on this Agreement and
following the conclusion of the hearing closed the hearing and
introduced and provided first reading to Ordinance No. 510 (“the
Enabling Ordinance”) that approves this Agreement. Thereafter on
January 18, 2023, the City Council gave second reading to and
adopted the Enabling Ordinance.
2. Property Subject To This Agreement. All the Property shall be subject to
this Agreement. The Property may also be referred to hereinafter as “the
site.”
3. Binding Effect. The burdens of this Agreement are binding upon, and the
benefits of the Agreement inure to, each Party and each successive
successor in interest thereto (subject to Subsection 3.2 below) and
constitute covenants that run with the Property. Whenever the terms “City”
and “Developer” are used herein, such terms shall include every successive
successor in interest thereto.
3.1 Constructive Notice and Acceptance. Every person who acquires
any right, title, or interest in or to any portion of the Property shall be
conclusively deemed to have consented and agreed to be bound by
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this Agreement, whether any reference to the Agreement is
contained in the instrument by which such person acquired such
right, title or interest, subject to Subsection 3.2 below.
3.2 Release Upon Subsequent Transfer. Upon the conveyance of
Developer’s interest in the Property or any portion thereof by
Developer or its successor(s) in interest, the transferor shall be
released from its obligations hereunder with respect to the portion of
Property conveyed as of the effective date of the conveyance,
provided that the transferee expressly assumes all obligations of the
transferred portion of the Property and a copy of the executed
assignment and assumption agreement is delivered to the City prior
to the conveyance. Failure to provide a written assumption
agreement hereunder shall not negate, modify or otherwise affect the
liability of the transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City discretion to
approve or deny any such conveyance, except as provided in
Subsection 6.16 of this Agreement with respect to the sale of
completed “affordable units” (as defined in that subsection) to
qualified buyers. Notwithstanding the foregoing, this Agreement
shall not be binding upon the transferee of a Completed Unit with
respect to the transferee’s interest in such Completed Unit, and the
rights and obligations of Developer under this Agreement shall not
run with the portion of the Property that is conveyed with the
Completed Unit after such conveyance of the Completed Unit by
Developer or its successor in interest. For purposes of this
Agreement, “Completed Unit” means a completed residential unit
within the Property for which the City has issued a certificate of
occupancy.
4. Development of the Property. The following provisions shall govern the
subdivision, development and use of the Property.
4.1 Permitted Uses. The permitted and conditionally permitted uses of
the Property shall be limited to those that are allowed by the Project
Approvals and this Agreement.
4.2 Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum
height and size of buildings, that shall be applicable to the Property
are set forth in the Project Approvals and this Agreement.
4.3 Building Standards. All construction on the Property shall adhere to
all City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any
federal or state building requirements that are then in effect
(collectively “the Building Codes”).
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4
4.4 Reservations and Dedications. All reservations and dedications of
land for public purposes that are applicable to the Property are set
forth in the Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1 Vested Right to Develop, Timing of Development. Developer and its
successors in interest shall have the vested right to develop the
Property in accordance with the terms and provisions of the Project
Approvals and this Agreement. The Parties intend that this
Agreement, together with the Project Approvals, shall serve as the
controlling document for all subsequent actions, discretionary and
ministerial, relating to the development and occupancy of the
Property, including, without limitation, all Subsequent Approvals (as
defined below). Developer shall have the right, without obligation, to
develop the Property in such order and at such rate and times as
Developer deems appropriate within the exercise of its subjective
business judgment.
No future amendment of any existing City ordinance or resolution, or
future adoption of any ordinance, resolution, or other action, that
purports to limit the rate or timing of development over time or alter
the sequencing of development phases, whether adopted or
imposed by the City Council or through the initiative or referendum
process, shall apply to the Property provided the Property is
developed in accordance with the Project Approvals and this
Agreement. Nothing in this subsection shall be construed to limit
City’s right to ensure that Developer timely provides all infrastructure
required by the Project Approvals, Subsequent Approvals, and this
Agreement.
5.2 Amendment of Project Approvals. No amendment of any of the
Project Approvals, whether adopted or approved by the City Council
or through the initiative or referendum process, shall app ly to any
portion of the Property, unless the Developer has agreed in writing
to the amendment.
5.3 Issuance of Subsequent Approvals. Applications for land use
approvals, entitlements and permits, including without limitation
subdivision maps (e.g. tentative, vesting tentative, parcel, vesting
parcel, and final maps), subdivision improvement agreements and
other agreements relating to the Project, lot line adjustments,
preliminary and final planned development permits, use permits,
design review approvals (e.g. site plans, architectural plans and
landscaping plans), encroachment permits, and sewer and water
connections that are necessary to or desirable for the development
of the Project (collectively “the Subsequent Approvals”; individually
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5
“a Subsequent Approval”) shall be consistent with the Project
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals
and by the applicable provisions of the Moorpark General Plan, the
Moorpark Municipal Code and other City ordinances, resolutions,
rules, regulations, policies, standards and requirements as most
recently adopted or approved by the City Council or through the
initiative or referendum process and in effect at the time that the
application for the Subsequent Approval is deemed complete by City
(collectively “City Laws”), except City Laws that:
(a) change any permitted or conditionally permitted uses of the
Property from what is allowed by the Project Approvals;
(b) limit or reduce the density or intensity of the Project, or any
part thereof, or otherwise require any reduction in the number
of proposed buildings or other improvements from what is
allowed by the Project Approvals;
(c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the
Project in any manner, provided that all infrastructure required
by the Project Approvals to serve the portion of the Property
covered by the Subsequent Approval is in place or is
scheduled to be in place prior to completion of construction;
(d) are not uniformly applied on a citywide basis to all
substantially similar types of development projects or to all
properties with similar land use designations;
(e) modify the land use from what is permitted by the City’s
General Plan Land Use Element at the Operative Date of this
Agreement or that prohibits or restricts the establishment or
expansion of urban services including but not limited to
community sewer systems to the Project.
5.4 Modification of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or
waiver of any right that is vested in it pursuant to this section, to apply
to City for modifications to Project Approvals and Subsequent
Approvals. The approval or conditional approval of any such
modification shall not require an amendment to this Agreement,
provided that, in addition to any other findings that may be required
to approve or conditionally approve the modification, a finding is
made that the modification is consistent with this Agreement and
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6
does not alter the permitted uses, density, intensity, maximum
height, size of buildings or reservations and dedications as contained
in the Project Approvals.
5.5 Issuance of Building Permits. No Building Permit shall be
unreasonably withheld or delayed from Developer if Developer
complies with this Agreement and the Project Approvals and
Subsequent Approvals. In addition, no Final Building Permit final
inspection or Certificate of Occupancy will be unreasonably withheld
or delayed from Developer if all infrastructure required by the Project
Approvals, Subsequent Approvals, and this Agreement to serve the
portion of the Property covered by the Final Building Permit is in
place or is scheduled to be in place prior to completion of
construction, the Developer is in compliance with all provisions of this
Agreement, the Project Approvals and Subsequent Approvals, and
all of the other relevant provisions of the Project Approvals,
Subsequent Approvals and this Agreement have been satisfied.
Consistent with Subsection 5.1 of this Agreement, in no event shall
building permits be allocated on any annual numerical basis or on
any arbitrary allocation basis.
5.6 Moratorium on Development. Nothing in this Agreement shall
prevent City, whether by the City Council or through the initiative or
referendum process, from adopting or imposing a moratorium on the
processing and issuance of Subsequent Approvals and building
permits and on the finalizing of building permits by means of a final
inspection or certificate of occupancy, provided that the moratorium
is adopted or imposed (i) on a Citywide basis to all substantially
similar types of development projects and properties with similar land
use designations and (ii) as a result of a utility shortage or a
reasonably foreseeable utility shortage including without limitation a
shortage of water, sewer treatment capacity, electricity or natural
gas.
6. Developer Agreements.
6.1 Development as a Residential Project. Developer shall comply with
(i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent
Approvals for which it was the applicant or a successor in interest to
the applicant, and (iv) ND and any subsequent or supplemental
environmental actions. Developer agrees not to apply for any non -
residential uses on the Property.
6.2 Condition of Dedicated or Conveyed Property. All lands and
interests in land dedicated to City shall be free and clear of liens and
encumbrances other than easements or restrictions that do not
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preclude or interfere with use of the land or interest for its intended
purpose, as reasonably determined by City.
6.3 North Hills Parkway Improvements.
(a) Not later than twelve (12) months after the date of the
issuance of the first grading permit for the Project, Developer
shall execute and deliver, in a form approved by the City
Attorney and at no cost to the City, an irrevocable offer of
dedication of a fee interest for the future street right of way of
North Hills Parkway along the entire southerly border of the
property, along with necessary slope easements and
construction easements. The dedication shall be
approximately one hundred feet (100’) wide so as to be
sufficient to provide the City a two hundred (200’) foot
roadway.
(b) At the time set forth in the Conditions of Approval applicable
to the Project as provided in the Project Approvals, Developer
shall design and construct the public street improvement for
North Hills Parkway from the North Hills Parkway
ingress/egress point into the project, east to Gabbert Road to
a total width of a maximum of two lanes (one in each direction)
within the two hundred foot (200’) right of way. The roadway
improvements shall include: curb and gutter, sidewalks, street
paving, a landscaped center median, street lights, trees and
utilities to the extent required by the applicable improvement
plans. The location of roadway improvements and dedications
for construction of the North Hills Parkway shall be
conceptually shown in Exhibit D (the North Hills Parkway
Exhibit).
(c) If construction of North Hills Parkway from the eastern portion
of the Project (project entry) to Gabbert Road has not been
completed, Developer shall be required to acquire property, at
Developer’s sole expense that is necessary to construct North
Hills Parkway from the eastern portion of the Project to
Gabbert Road.
6.4 Development Fee Per Unit. As a condition of the final inspection for
each market rate residential dwelling unit within the Property,
Developer shall pay City a one-time development fee as described
herein (the “Development Fee”). The Development Fee may be
expended by City in its sole and unfettered discretion. The amount
of the Development Fee shall be Nine Thousand Five Hundred and
One Dollars ($9,501.00) per market rate residential unit. The
Development Fee shall be adjusted annually commencing
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January 1, 2026, by the Consumer Price Index (CPI). The annual
CPI adjustment shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The
calculation shall be made using the month of October over the prior
October.
In the event there is a decrease in the referenced Index for any
annual indexing, the current amount of the fee shall remain until such
time as the next subsequent annual indexing which results in an
increase.
6.5 Traffic Mitigation Fee. As a condition of final inspection for each
market rate residential dwelling unit within the boundaries of the
Property, Developer shall pay City a one-time traffic mitigation fee as
described herein (“Citywide Traffic Fee”). The Citywide Traffic Fee
may be expended by City in its sole and unfettered discretion. The
amount of the Citywide Traffic Fee shall be Eleven Thousand One
Hundred Fifty-Three Dollars ($11,153.00) per market rate residential
unit. The Citywide Traffic Fee shall be adjusted annually
commencing January 1, 2026 and annually thereafter by the change
in the Caltrans Highway Bid Price Index (Bid Price Index) for
Selected California Construction Items for the twelve (12) month
period available on December 31 of the preceding year (“annual
indexing”). In the event there is a decrease in the Bid Price Index for
any annual indexing, the current amount of the fee shall remain until
such time as the next subsequent annual indexing which results in
an increase.
6.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees.
Developer shall pay the LAAOC fee in effect at the time of final
inspection for each market rate residential dwelling unit within the
Property.
6.7 Air Quality Fees. Developer agrees to pay to City a one-time air
quality fee, as described herein (“Air Quality Fee”), in satisfaction of
the Transportation Demand Management Fund requirement for the
Project. The Air Quality Fee may be expended by City in its sole
discretion for reduction of regional air pollution emissions.
The Air Quality Fee shall be One Thousand Seven Hundred Sixty-
Five Dollars ($1,765.00) per market rate residential dwelling unit
within the Property to be paid prior to the final inspection for each
residential dwelling unit in the Project. If the Air Quality Fee is not
paid by January 1, 2026, then commencing on January 1, 2026, and
annually thereafter, the Air Quality Fee shall be adjusted by any
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increase in the Consumer Price Index (CPI) until all fees have been
paid. The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The
calculation shall be made using the month of October over the prior
month of October. In the event there is a decrease in the CPI for any
annual indexing, the fee shall remain at its then current amount until
such time as the next subsequent annual indexing which results in
an increase.
6.8 Park Fees. Prior to the final inspection for each market rate
residential dwelling unit within the Property, Developer shall pay a
one-time fee in lieu of the dedication of parkland and related
improvements (“Park Fee”). The amount of the Park Fee shall be
Twelve Thousand Four Hundred Forty-seven Dollars ($12,447.00)
for each market rate residential dwelling unit within the Property. If
the Park Fee is not paid by January 1, 2026, the Park Fee shall be
adjusted annually commencing January 1, 2026 by the larger
increase of a) or b) as follows:
(a) The change in the CPI. The change shall be determined by
using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles/Long Beach/Anaheim metropolitan
area during the prior year. The calculation shall be made
using the month of October over the prior October; or
(b) The calculation shall be made to reflect the change in the
Caltrans Highway Bid Price Index (Bid Price Index) for
Selected California Construction Items for the twelve
(12) month period available on December 31 of the preceding
year (annual indexing).
In the event there is a decrease in both referenced Indices for
any annual indexing, the Park Fee shall remain at its then
current amount until such time as the next subsequent annual
indexing which results in an increase. Developer agrees that
the above-described payments shall be deemed to satisfy the
parkland dedication requirement set forth in California
Government Code Section 66477 et seq. for the Property.
6.9 Community Services Fee. As a condition of final inspection for each
market rate residential dwelling unit within the boundaries of the
Project, Developer shall pay City a one-time community services fee
as described herein (Community Services Fee). The Community
Services Fees may be expended by City in its sole and unfettered
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discretion. The amount of the Community Services Fees shall be
Two Thousand Seven Hundred Eighty-Eight Dollars ($2,788.00) per
market rate residential dwelling unit. Commencing on
January 1, 2026, and annually thereafter, the Community Services
Fee shall be adjusted by any increase in the Consumer Price Index
(CPI) until all Community Service Fee have been paid. The CPI
increase shall be determined by using the information provided by
the U.S. Department of Labor, Bureau of Labor Statistics, for All
Urban Consumers within the Los Angeles/Long Beach/Anaheim
metropolitan area during this prior year. The calculation shall be
made using the month of October over the prior month of October or
in the event there is a decrease in the CPI for any annual indexing,
the Community Service Fee shall remain at its then current amount
until such time as the next subsequent annual indexing which results
in an increase.
6.10 Art in Public Places Fee. Developer agrees to pay the Art in Public
Places Fee (Art Fee) in effect at the time of final inspection for each
residential unit prior to the issuance of the building permit for that
residential building within the Project consistent with City Resolution
No. 2005-2408 or any Successor Resolution (1.0 percent of total
building valuations excluding land value and off -site improvement
costs). Per Chapter 17.50 of the Moorpark Municipal Code,
developer may install “an approved artwork on private property to
satisfy his public art obligation. Any artwork to be installed deemed
to comply with Chapter 17.50 shall be approved by the City Council
prior to issuance of building permit of the first residential unit and
installed prior to issuance of a certificate of occupancy for the tenth
residential unit.
6.11 Other Development and Processing Fees. In addition to fees
specifically mentioned in this Agreement, Developer agrees to pay
all City capital improvement, development, and processing at the
rate and amount in effect at the time the fee is required to be paid.
Said fees include but are not limited to Library Facilities Fees, Police
Facilities Fees, Fire Facilities Fees, drainage, entitlement processing
fees, and plan check and permit fees for buildings and public
improvements. Developer further agrees that unless specifically
exempted by this Agreement, it is subject to all fees imposed by City
at the Operative Date of this Agreement and such future fees
imposed as determined by City in its sole discretion so long as such
fees are imposed on projects similar to the Project or on property
similar to the Property.
6.12 Processing Fees. On the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this
Agreement, the Project Approvals and the ND.
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6.13 Community Facilities District.
(a) It is the mutual intent of the Parties that the development of
the Project will not have any fiscal impact on or require any
contribution from the General Fund of the City. Project
funding for costs of the development of the Project may
include a mix of different approaches, including without
limitation, Developer construction of and/or financing of such
services, facilities, operations and maintenance through the
payment of Impact Fees or other fees, taxes, levies,
assessments, formation of and payment by a homeowner’s
association, or other financing mechanisms as determined by
Developer in its reasonable discretion, pursuant and subject
to this Agreement, the Project Approvals, Subsequent
Approvals and all Applicable City Law, taking into account and
guided by the pre-existing rights of others in the existing and
future public services and facilities (including their operations
and maintenance) that Developer may seek to use. To
facilitate such intent, as necessary, the Developer may
request the City to form one or more assessment or financing
districts (“District(s)”), pursuant to Chapter 2.5 of Part 1 of
Division 2 of the California Government Code (Government
Code Sections 53311 et seq.) (the “CFD Act”), the Streets and
Highways Code, Division 10 and 12, the Landscape and
Lighting Act of 1972, or other similar law for the purposes of
funding services required to be provided or funded under this
Agreement, as Developer agrees to implement and the City
determines are lawfully and appropriately funded by th e
District. To the extent other property owners outside the
Property are interested or benefit and are made part of such
District, such other properties may be encompassed in such
District in accordance with applicable law.
(b) In connection with the formation of a District, Developer shall:
(i) file with the City a petition for the formation of the District,
(ii) provide any deposit required by the applicable act, (iii) not
oppose formation of the District and (iv) vote in favor of the
special tax or assessment, as appropriate, to fund the District.
(c) Developer acknowledges and agrees that the City will not
accept any improvements or facilities to be maintained by the
District nor shall the Developer receive any payments from the
District for any improvements or facilities until such facilities
and improvements have been inspected and the City
determines in its reasonable discretion, that such
improvements and facilities have been completed in
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accordance with the applicable plans, and have no liens
outstanding.
(d) The City and Developer agree that the assessments or
special taxes for any District formed will be collected from
parcels in the District as provided in the rate and method of
apportionment (RMA) prepared for that District.
(e) Upon written request of City, Developer will advance amounts
necessary to pay all costs and expenses of City to evaluate
and structure any District or other financing mechanism, to the
end that City will not be obligated to pay any costs related to
the formation or implementation of any District or other
financing mechanism. City staff shall meet with the Developer
to establish a preliminary budget for such costs, and will
confer with Developer from time to time as to any necessary
modifications to that budget. Any District may provide for the
reimbursement to Developer of any advances by Developer
for any costs incurred as provided immediately above, and
any other costs incurred by Developer that are related to the
District, such as the costs of legal counsel, special tax
consultants, engineers, etc.
(f) A Community Facilities District or other funding mechanism to
the satisfaction of the City Council, shall be established to
provide funding for:
i. Recreation facilities: Recreation on site will consist of a 12
feet wide, decomposed granite trail that runs along North
Hills Parkway. This horse trail will not only provide a path
for horses but also for pedestrians wishing to engage in
walking or jogging activities.
ii. Open space: Lot A, at 139,974.33 square feet and 3.213
acres, which runs along North Hills Parkway will provide
open space and landscaping for the overall site (Lot A from
Lot D to approximately Lot 101).
iii. The graded slope improvements on North Hills Parkway at
Gabbert Road outside of the east Tract boundary.
iv. All landscaping south of North Hills Parkway from Gabbert
Road to the west tract boundary.
v. Landscape maintenance and improvements on the west
portion of North Hills Parkway along the southern portion
of the Property to Gabbert Road corresponding to the
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portions of the North Hills Parkway improved by Developer
under this Agreement.
6.14 Gabbert Road Railroad Crossing Contribution. Developer agrees to
contribute to the cost of the design and construction of Gabbert Road
and the Union Pacific railroad crossing by paying the City three
hundred thousand ($300,000.00) no later than before the final
inspection of the 70th dwelling unit within the project. Said funds shall
be deposited into the City’s Traffic Mitigation Fund to be used in
conjunction with other funds collected by the City for the purpose of
widening and making other improvements to that intersection to
improve vehicular and pedestrian traffic flow through that
intersection.
6.15 [INTENTIONALLY LEFT BLANK]
6.16 Densities Allowed for Development and Affordable Housing.
(a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all
densities available as density bonuses and all incentives and
concessions to which Developer is entitled under the
Moorpark Municipal Code, Government Code Sections 65915
through 65917.5 or both; Developer shall not be entitled to
further density bonuses or incentives or concessions and
further agrees, in consideration for the density bonus obtained
through the Project Approvals that is greater than would
otherwise be available, to provide the eighteen (18) housing
units (listed on Exhibit C.) with a minimum of 1,483 square
feet and three (3) bedrooms, two (2) baths each, affordable to
moderate income households (not to exceed 120% of median
income adjusted for family size), one two (2) units with a
minimum of 1,483 square feet and three (3) bedrooms, two
(2) baths affordable to very low income households (not to
exceed 50% of median income adjusted for family size) and
one (1) unit with a minimum of 1,483 square feet and three
(3) bedrooms, two (2) baths affordable to extremely low
income households (not to exceed 30%) of median income
adjusted for family size) (twenty total units).
(b) Developer explicitly acknowledges that its agreement to
construct these affordable units is given both as specific
consideration for both the density bonus and in general as
consideration for City’s willingness to negotiate and enter into
this Agreement and for the valuable consideration given by
City through this Agreement. Developer further
acknowledges that its agreement to construct these
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affordable units is not the result of an existing policy or
regulation imposed by City but instead is the result of arm’s
length negotiation between Parties.
(c) Developer further agrees that it shall provide the required
number of affordable housing units as specified above
regardless of the cost to acquire or construct said housing
units. Developer further agrees that City has no obligation to
use eminent domain proceedings to acquire any of the
required affordable housing units and that this Subsection
6.16 is specifically exempt from the requirements of
Subsection 7.2.
(d) Prior to recordation of the first Final Map for this Project, the
parties agree to execute an Affordable Housing Purchase and
Sale Agreement (Affordable Housing Agreement) that sets
forth the Developer’s and City’s obligations and provides
procedures and requirements to ensure that all the required
affordable housing units are provided consistent with this
Agreement and applicable State laws and remains affordable
for the longest feasible time. The Affordable Housing
Agreement shall include but not be limited to the following
items: Initial Purchase Price, market value, buyer eligibility,
affordability and resale covenants and restrictions, equity
share and second trust deed provision, respective role of City
and Developer, the responsibility of providing the affordable
units by each developer in the event of successors and/or
assigns to this Agreement, quality of and responsibility for
selection of amenities and applicability of home warranties to
meet all or a portion of its obligation and any other items
determined necessary by the City. Developer shall pay the
City’s direct costs for preparation and review of the Affordable
Housing Agreement up to a maximum of five-thousand
Dollars ($5,000.00) Any unused funds for drafting of the
affordable housing Agreement shall be returned to developer
within 60 days of execution of the Agreement by both parties.
(e) All affordable units shall meet the criteria of all California
Health and Safety Code statutes and implementing
regulations pertaining to for-sale Affordable Housing units so
as to qualify as newly affordable to low-income households
and to satisfy a portion of the City’s Regional Housing Needs
Allocation (RHNA) obligation. The affordable units required
by this Agreement are consideration for City’s entry into this
Agreement and therefore none of the affordable units shall
duplicate or substitute for the affordable housing requirement
of any other developer or development project. All
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15
subsequent approvals required of City under this Subsection
6.16 shall be made at City’s sole discretion. If any conflict
exists between this Agreement and the Affordable Ho using
Agreement required by and negotiated pursuant to this
Agreement or the conditions of approval for Tentative Tract
Map No. 5847 and/or RPD Permit No. 2016-02, then the
Affordable Housing Agreement shall prevail.
(f) The CC&Rs for the Project shall provide for a cap on each
income restricted unit on the assessment and collection of
monthly Homeowner Association (HOA) fees to not exceed
two hundred dollars ($200.00).
(g) The Affordable Sales Price for low-income buyers shall not
exceed affordable housing cost, as defined in Sec.
50052.5(b)(3) of California Health and Safety Code.
Section 50052.5(h) of the California Health and Safety Code
provides that an appropriate household size in terms of
determining purchase price is one more person than the
number of bedrooms. This means that the pricing for a three
(3) bedroom unit will be based on a household of four
(4) regardless of the actual size of the household purchasing
the unit. For example, the monthly “affordable housing cost”
for a three (3) bedroom unit would be 30% times 70% of the
current median income for a household of four (4) in Ventura
County, divided by twelve (12). This monthly amount includes
the components identified in Section 6920 of Title 25 of the
California Code of Regulation shown below (See
Section 50052.5(c) of the Health and Safety Code). The
Affordable Sales Price for a low-income household
purchasing a three (3) bedroom unit under current market
conditions, based upon the following assumptions:
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(h) The assumptions associated with the above purchase price
figures for low-income households include a 5% down
payment, based on Affordable Sales Price for a three
(3) bedroom unit, mortgage interest rate of 4.65%, no
mortgage insurance, property tax rate of 1.25%, based on
Affordable Sales Price, homeowners’ association dues of
$200.00 per month, fire insurance of $20.00 per month,
maintenance costs of $30.00 per month, and utilities of
$186.00 per month for a three (3) bedroom unit.
(i) Developer acknowledges that changes in market conditions
may result in changes to the Affordable Sales Price, down
payment amounts, mortgage interest rates, and other factors
for both low income and very buyers. Furthermore, if
“affordable housing cost”, as defined in Section 50052.5 of
California Health and Safety Code, should change in the
future, the above guidelines will be modified. The Affordable
Housing Purchase and Sale Agreement negotiated pursuant
to this Agreement shall address this potential change.
Developer acknowledges that amounts listed in the “Low
Income Buyer” table in Subsection 6.16(g), above, are for
illustration purposes only and are subject to change.
(j) In the event the City, at its sole discretion purchases one or
more of the units from Developer in lieu of a qualified buyer,
the Affordable Sales Price shall be based on a household size
appropriate to the number of bedrooms in the unit being
Item Detail Amount 3 Bedroom
Affordable
Sale $214,000.00
Down Payment 5% of Affordable Sales Price $10,700.00
Loan Amount Affordable Sales Price less
Down $203,300.00
Interest Rate 4.65%
Monthly
Property Tax
1.25% of Initial
Purchase Price 223.00
LMD Not Currently N/A
HOA 200.00
Fire Insurance 20.00
Maintenance 30.00
Utilities 186.00
Low Income Buyer
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purchased by the City, consistent with all requirements of this
Subsection 6.16. Developer agrees that, pursuant to City’s
rights under this Agreement and/or the Affordable Housing
Agreement and prior to and upon the sale of a required unit to
a qualified buyer (or City in lieu of a qualified buyer as
determined by City at its sole discretion), City may at its sole
discretion take any actions and impose any conditions on said
sale or subsequent sale of the unit to ensure ongoing
affordability to low-income households and related matters.
After the sale of a housing unit by Developer to a qualified
buyer (or City in lieu of a qualified buyer as determined by City
at its sole discretion), City, not Developer, shall have sole
responsibility for approving any subsequent sale of that
housing unit.
(k) Developer agrees that City shall be responsible at its sole
discretion for marketing the affordable units, selecting and
qualifying eligible buyers for these units, and overseeing the
escrow processes to sell the affordable units to low income
households; and providing the forms of Deed of Trust,
Promissory Note, Resale Refinance Restriction Agreement
and Option to Purchase Property and Notice of Affordability
Restriction on Transfer of Property and all necessary
contracts and related documents to ensure that the
referenced affordable units remain occupied by low income
households for the longest feasible tim e (the “Affordability
Documents”). Developer further agrees that the difference
between the Affordable Sales Price (as referenced in this
Agreement) paid by a qualified buyer and market value shall
be retained by City as a second deed of trust.
(l) Developer shall pay closing costs for each affordable unit, not
to exceed eight thousand dollars ($8,000.00). Beginning
January 1, 2026 and on January 1st for each year thereafter,
the maximum eight thousand dollars ($8,000.00) to be paid
for closing costs shall be increased annually by any
percentage increase in the Consumer Price Index (CPI) for All
Urban Consumers for Los Angeles/Long Beach/Anaheim
metropolitan area during the prior year. The calculation shall
be made using the month of October over the month of
October. In the event there is a decrease in the CPI for any
annual indexing, the closing costs for each affordable unit
shall remain at its then current amount until such time as the
next subsequent annual indexing which results in an increase.
The referenced Developer funded closing costs shall be for
the benefit of qualified buyers (or City in lieu of qualified
buyers if one or more of the required units are purchased by
Ordinance No. 510
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the City) in their acquisition of a unit from Developer not
Developer’s acquisition of a unit from one or more third
parties. The Developer’s escrow cost shall not exceed the
then applicable maximum amount per unit regardless of the
number of escrows that may be opened on a specific unit.
(m) Developer warrants that the quality of materials and
construction techniques of the affordable units sold to the
qualified low-income buyers, or City shall in all manner be
identical to that of all other units constructed in this Project
and subject to all Conditions of Approval and shall meet all
Building Codes.
(n) The City shall have the same choices of basic finish options
as purchasers of market rate units in this Project and final
walk-through approval of condition of unit before close of sale.
Any basic finish options provided to buyers of market rate
units shall be provided to City or buyer(s) of the affordable
units, including but not limited to color and style choices for
carpeting and other floor coverings, counter tops, roofing
materials, exterior stucco and trim of any type, fixtures, and
other decorative items. City staff person responsible for
affordable housing will select basic finish options for the
affordable units.
(o) Developer agrees that all warranties for the affordable units
shall be the same or better than those for the market rate
units, all such warranties shall inure to the benefit of and be
enforceable by the ultimate occupants of the affordable units
and that all warranties by subcontractors and suppliers shall
inure to the benefit of and be enforceable by such occupants.
The home warranties for the affordable units shall be the
same duration as the warranties for the market rate units and
not less than the maximum time required by State law but in
no event less than ten (10) years.
(p) Developer agrees to provide the same amenities for the
affordable units (purchased by the low-income buyer, or City)
as those amenities that are provided for the market rate units.
The amenities shall include but not be limited to concrete roof
tiles; air conditioning/central heating; garage door opener;
fireplaces; washer/dryer hook-ups; garbage disposal; built-in
dishwasher, stove, oven and microwave; windows; wood
cabinets; shelving; counter-tops; floor coverings; window
coverings; electrical outlets, lighting fixtures and other
electrical items; plumbing fixtures including sinks, toilets,
bathtubs and showers; and door and cabinet hardware, and
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shall all be of the same quality and quantity as provided in the
Project’s market rate units as determined by the City’s
Community Development Director and City staff person
responsible for City’s Affordable Housing Programs.
(q) The floor plan and size of the units shall be approved by the
Community Development Director and City staff person
responsible for City’s Affordable Housing Programs and each
income restricted unit shall include a downstairs bathroom.
(r) The parties agree that prior to and upon the sale of an
affordable unit to a qualified buyer or City, City may at its sole
discretion take any actions and impose any conditions on
buyer eligibility and on said sale or subsequent sale of the unit
to ensure ongoing affordability to low-income households and
related matters. Developer agrees if it sells any of the
affordable units directly to qualified low-income buyers, all
requirements of the buyer, including, but not limited to,
completion of a City approved homebuyer education training
workshop and the Affordability Documents, shall be included
as a requirement of the sale. The language of all such
documents shall be approved by City at its sole discret ion.
City has sole discretion in selecting lenders, escrow and title
companies and real estate professionals to assist with the
sale of the affordable units.
(s) In the event City is unable to provide a qualified buyer when
one of the low-income units has received final inspection
approval, Developer shall be allowed to continue to obtain
building permits and/or final inspection approval for the non -
affordable units. Any low-income units remaining unsold six
(6) months after the final inspection approval of the 134th unit
will be purchased by the City, as provided for in the Affordable
Housing Agreement. Developer is required to maintain low-
income units in move-in condition until such time as the City
finds a buyer. For purposes of this schedule, final inspection
approval requires approval of the City’s Building Official and
Community Development Director.
(t) Developer also agrees that subsidiaries, divisions or affiliates
of Developer may not be used to provide lending, escrow or
other services relevant to the purchase transactions for the
affordable units.
(u) If a qualified low-income buyer is identified by City prior to or
at the time of final inspection approval of any of the affordable
units, Developer shall open escrow for the sale of said unit as
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20
provided for in the Affordable Housing Agreement, and shall
enter escrow directly with the buyer identified by City, and
proceed to closing of said escrow. If a qualified low-income
buyer has not been identified at the time Developer receives
final inspection approval for an affordable unit, City, at its
option, may agree to purchase the affordable unit required to
be provided by Developer for the amount and at the time as
provided for in this agreement. Developer and City agree to
use their best efforts to complete the close of escrow within
forty-five (45) days of the final inspection approval of an
affordable unit.
(v) Developer shall satisfy all mechanic’s, laborer’s, material
man’s, supplier’s, or vendor’s liens and any construction loan
or other financing affecting any unit or lot in the Project which
has been designated for an affordable unit, before the close
of escrow for that affordable unit.
(w) Developer agrees that the required construction of the low -
income affordable units must receive final inspection approval
by Developer on terms consistent with this Agreement and the
Affordable Housing Agreement as specified in the following
schedule:
(x) The required affordable units within the Project shall be
designated as unit numbers in within the Project consistent
with Exhibit “C” attached hereto and incorporated herein. The
City Manager or the City Manager’s designee may approve in
writing different unit numbers within the Project so long as the
unit contains no less than 1,483 square feet, with a minimum
of three (3) bedrooms and two (2) baths each.
(y) Developer shall provide the initial buyer of each Completed
Unit in the Project a disclosure that the Project includes twenty
(20) residential dwelling units that will be sold to qualified
lowmoderate and very low-income households. The
disclosures shall also state that these twenty (20) residential
dwellings shall have deed restrictions recorded on their title
Prior to
Occupancy of
Number of
Affordable Units
38th Unit 6
74th Unit 6
104th Unit 6
134th Unit 2
Total Units 20
Ordinance No. 510
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that restrict the re-sale of these units only to qualified low-
income buyers. The form and language of the disclosure shall
be approved by the City Attorney and Community
Development Director and shall conform to all requirements
of the applicable State agencies pertaining to real estate
disclosures.
6.17 Annual Review Procedures. Developer agrees to comply with
Section 15.40.150 of the Moorpark Municipal Code and any
provision amendatory or supplementary thereto for annual review of
this Agreement and further agrees that the annual review shall
include evaluation of its compliance with the approved Project
conditions of approval.
6.18 Eminent Domain. Developer agrees that any election to acquire
property by eminent domain shall be at City’s sole discretion, and
only after compliance with all legally required procedures including
but not limited to a hearing on a proposed resolution of necessity.
6.19 Subdivision Improvement Agreement. Prior to the submittal of an
application for any subdivision, or any other development project or
entitlement application, Developer shall submit and gain approval
from City Council a subdivision improvement agreement to
guarantee the Developer agreements contained in this Agreement
and in the conditions of approval for the VTTM and RPD. The plan
shall address the entities responsible and method and timing of
guarantee for each component of Developer’s obligations and is
subject to City approval at its sole discretion.
6.20 Fee Protest Waiver. Developer agrees that any fees and payments
pursuant to this Agreement and for the Project shall be made without
reservation, and Developer expressly waives the right to payment of
any such fees under protest pursuant to California Government Code
Section 66020 and statutes amendatory or supplementary thereto.
Developer further agrees that the fees it has agreed to pay pursuant
to Subsections 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9 of this Agreement are
not public improvement fees collected pursuant to Government Code
Section 66006 and statutes amendatory or supplementary thereto.
6.21 CPI Indexes. In the event the “CPI” referred to in Subsections 6.4,
6.5, 6.7, 6.8 and 6.9 or the Bid Price Index referred to in Subsections
6.5 and 6.8 are discontinued or revised, a successor index with which
the “CPI” and or Bid Price Index are replaced shall be used in order
to obtain substantially the same result as would otherwise have been
obtained if either or both the “CPI” and Bid Price Index had not been
discontinued or revised.
Ordinance No. 510
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6.22 City Ability to Modify. Developer acknowledges the City’s ability to
modify the development standards and to change the General Plan
designation and zoning of the Property upon the termination or
expiration of this Agreement (if the Project has not been built), and
Developer hereby waives any rights they might otherwise have to
seek judicial review of such City actions to change the development
standards, General Plan designation and zoning to those
development standards and density of permitted development to that
in existence prior to the approval of GPA No. 2016-02 and ZC
No. 2016-02.
6.23 Homeowners Association. Prior to recordation of the first final map
for the Property, if required by City at its sole discretion, Developer
shall form one or more property owner associations to assume
ownership and maintenance of private recreation, private streets,
parking lots, landscape areas, flood control and NPDES facilities and
other amenities within the Project. The obligation of said
Homeowners Associations shall be more specifically defined in the
conditions of approval of the first tentative tract or parcel map for the
property.
6.24 Developer agrees that subject to its reimbursement rights in
Subsection 7.5 below, prior to the issuance of the first building
permit, the Developer shall: Improve Gabbert Road from immediately
north of the railroad right-of-way to the proposed intersection of North
Hills Parkway, with improvements to include four (4) travel lanes, with
bikelanes, curbs, gutters, parkways, and sidewalks on each side of
the street, all consistent with Ventura County Standards to the
satisfaction of the City Engineer/Public Works Director.
6.25 Secondary Access to Los Angeles Avenue. This Project is required
to extend a secondary access road from the west side of the Project
to Los Angeles Avenue as indicated on VTTM 5847, Sheet 7, Overall
Access Plan. All required access easements and permits necessary
from any agency or property owner to install this required secondary
access road shall be obtained prior to the issuance of any building
permit for the development. Grading and improvement plans for this
secondary access road shall be submitted to the City and the Fire
Department for review and approval prior to construction of the
access road. By acceptance of these conditions of approval, the
applicant and or developer waives the provisions of Government
Code Section 66462.5. Failure of the Developer to obtain the
required easements and permits will cause this Project to not comply
with the findings required under Government Code Section 66474.02
and will require a redesign of the Project to provide the required
secondary access.
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7. City Agreements.
7.1 Commitment of Resources. At Developer’s expense, City shall
commit reasonable time and resources of City staff to work with
Developer on the processing of applications for Project Approvals
and all Subsequent Approvals and Building Permits for the Project
area and if requested in writing by Developer shall use overtime and
independent contractors whenever possible.
7.2 Easement and Fee Title Acquisitions. If requested in writing by
Developer and limited to City’s legal authority, City at its sole and
absolute discretion shall proceed to acquire, at Developer’s sole cost
and expense, easements or fee title to land in which Developer does
not have title or interest in order to allow construction of public
improvements required of Developer including any land which is
outside City’s legal boundaries. The process shall generally follow
Government Code Section 66462.5 et seq. and shall include the
obligation of Developer to enter into an agreement with City,
guaranteed by cash deposits and other security as the City m ay
require, to pay all City costs including but not limited to, acquisition
of the interest, attorney fees, appraisal fees, engineering fees, City
staff costs, and City overhead expenses of 15% on all out -of-pocket
costs.
7.3 Concurrent Entitlement Processing. City agrees that whenever
possible as determined by City in its sole discretion to process
concurrently all land use entitlements for the Project so long as the
application for such entitlements are “deemed complete” in
compliance with the requirements of Chapter 4.5 Review and
approval of Development Projects (Permit Streamlining Act) of the
California Government Code.
7.4 Park Fees. City agrees that the Park Fee required under Subsection
6.8 of this Agreement meets all of Developer’s obligations under
applicable law for park land dedication.
7.5 Reimbursements Rights. If improvements to Gabbert Road are
constructed by A-B Properties, or successor, A-B Properties may
seek reimbursement from Developer for those improvements also
required of Developer. These road improvements shall include the
Gabbert Road improvements from the intersection with Poindexter
Avenue north of a point one-hundred and twenty-five (125) feet north
of the railroad right-of-way as well as improvements to North Hills
Parkway between Gabbert Road on the east and the eastern Project
boundary on the west.
Ordinance No. 510
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24
If the Hitch Ranch development constructs improvements to Gabbert
Road including but not limited to those indicated above, Hitch Ranch
may seek reimbursement from Developer for those improvements
required of Developer according to the Ventura County Fire
Department. Similarly, if improvements to Gabbert Road are
constructed by Developer, Developer may seek reimbursement from
A-B Properties for those improvements required of A-B Properties for
its development.
These road improvements shall include the Gabbert Road
improvements from the intersection with Poindexter Avenue north of
a point one-hundred and twenty-five (125) feet north of the railroad
right-of-way as well as improvements to North Hills Parkway between
Gabbert Road on the east and the eastern Project boundary on the
west. If Developer constructs improvements to Gabbert Road,
including but not limited to those indicated above, Developer may
seek reimbursement from Hitch Ranch for those improvements
required of Hitch Ranch by the Ventura County Fire Department .
Developer may negotiate and enter into reimbursement agreements
with owners of the Hitch Ranch and A-B Properties to either
reimburse those projects an agreed upon amount for construction
costs associated with required roadway improvements on Gabbert
Road or be reimbursed by the Hitch Ranch and A-B Properties
owners an agreed upon amount for construction costs associated
with required roadway improvements on Gabbert Road. The
reimbursement agreements shall not be subject to City approval, or
on a form provided by the City. Fully executed copies of the
reimbursement agreements shall be provided to the City upon
execution by the parties to the agreements.
7.6 [INTENTIONALLY BLANK]
8. Supersession of Agreement by Change of Law. In the event that any state
or federal law or regulation enacted after the date the Enabling Ordinance
was adopted by the City Council prevents or precludes compliance with any
provision of the Agreement, such provision shall be deemed modified or
suspended to comply with such state or federal law or regulation, as
reasonably determined necessary by City.
9. Demonstration of Good Faith Compliance. To ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be
reviewed annually in accordance with Moorpark Municipal Code Chapter
15.40. of City or any successor thereof then in effect. The failure of City to
conduct any such annual review shall not, in any manner, constitute a
breach of this Agreement by City, diminish, impede, or abrogate the
obligations of Developer hereunder or render this Agreement invalid or void.
Ordinance No. 510
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25
At the same time as the referenced annual review, City shall also review
Developer’s compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder,
other than payment of fees, shall be excused during any period of
“Excusable Delay”, as hereinafter defined, provided that the Party claiming
the delay gives written notice of the delay to the other Parties as soon as
possible after the same has been ascertained. For purposes hereof,
Excusable Delay shall mean delay that directly affects, and is beyond the
reasonable control of, the Party claiming the delay, including without
limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or
other labor dispute; (e) shortage of materials or supplies; (f) damage to work
in progress by reason of fire, flood, earthquake or other casualty; (g) failure,
delay or inability of City or other local government entity to provide adequate
levels of public services, facilities or infrastructure to the Property including,
by way of example only, the lack of water to serve any portion of the
Property due to drought; (h) delay caused by a delay by other third party
entities which are required to approve plans or documents for Developer to
construct the Project, or restrictions imposed or mandated by such other
third party entities or governmental entities other than Ci ty, (including but
not limited to, Ventura County Watershed Protection District); or (i) litigation
brought by a third party attacking the validity of this Agreement, a Project
Approval, a Subsequent Approval or any other action necessary for
development of the Project.
11. Default Provisions.
11.1 Default by Developer. The Developer shall be deemed to have
breached this Agreement if it:
(a) Practices, or attempts to practice, any fraud or deceit upon
City; or willfully violates any order, ruling or decision of any
regulatory or judicial body having jurisdiction over the
Property or the Project, provided that Developer may contest
any such order, ruling or decision by appropriate proceedings
conducted in good faith, in which event no breach of this
Agreement shall be deemed to have occurred unless and until
there is a final adjudication adverse to Developer; or
(b) Fails to make any payments required under this Agreement
within five (5) business days after City gives written notice to
Developer that the same is due and payable; or
(c) Breaches any of the other provisions of this Agreement and
fails to cure the same within thirty (30) days after City gives
written notice to Developer of such breach (or, if the breach is
not able to be cured within such thirty (30) day period,
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26
Developer fails to start to cure the same within thirty (30) days
after delivery of written notice by City of such breach or fails
to thereafter diligently prosecute the cure to completion.
11.2 Default by City. City shall be in breach of this Agreement if it
breaches any of the provisions of this Agreement and fails to cure
the breach within thirty (30) days after Developer gives written notice
to City of the breach (or, if the breach is not able to be cured within
such thirty (30) day period, City fails to start to cure the same within
thirty (30) days after delivery of written notice from Developer of such
breach or fails to thereafter diligently prosecute the cure to
completion).
11.3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement,
the nature of the alleged breach, and the manner in which the breach
may be satisfactorily cured. Every notice shall state the applicable
period to cure. The notices shall be given in accordance with
Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at
law, including without limitation money damages, would be
inadequate for breach of this Agreement by any Party due to the size,
nature and scope of the Project. The Parties also acknowledge that
it would not be feasible of possible to restore the Property to its
natural condition once implementation of the Agreement has begun.
Therefore, the Parties agree that the remedies for breach of this
Agreement shall be limited to the remedies expressly set forth in this
subsection.
The remedies for breach of the Agreement by the City shall be
injunctive relief and/or specific performance. Developer shall not be
entitled to monetary damages or consequential damages for the
City’s breach. In addition, in the event this Agreement is terminated
by City pursuant to the provisions of Chapter 15.40 of the Moorpark
Municipal Code, and such termination is found invalid or
unenforceable by a court of competent jurisdiction, Developer shall
not be entitled to monetary damages for the termination or
consequential damages incurred that are the result of the
termination.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach
is of Subsection 6.16 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice
Ordinance No. 510
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27
of violation was given pursuant to Subsection 11.3 hereof until the
date that the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
12. Mortgage Protection.
12.1 Discretion to Encumber. The Parties hereto agree that this
Agreement shall not prevent or limit Developer, in any manner, at
Developer’s sole discretion, from encumbering the Property or any
portion thereof or any improvements thereon then owned by such
person with any mortgage, deed of trust or other security device
(“Mortgage”) securing financing with respect to the Property or such
portion. Any mortgagee or trust deed beneficiary of the Property or
any portion thereof or any improvements thereon and its successors
and assigns (“Mortgagee”) shall be entitled to the following rights and
privileges.
12.2 Lender Requested Modification/Interpretation. City acknowledges
that the lenders providing financing to Developer for the Property
may request certain interpretations and modifications of this
Agreement. City therefore agrees upon request, from time to time,
to meet with Developer and representatives of such lenders to
discuss in good faith any such request for interpretation or
modification. The City will not unreasonably withhold its consent to
any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and
purposes of this Agreement, provided, further, that any modifications
of this Agreement shall be subject to the provisions of this Agreement
pertaining to modifications and amendments.
12.3 Mortgage Protection. This Agreement shall be superior and senior
to the lien of any Mortgage. Notwithstanding the foregoing, no
breach of this Agreement shall defeat, render invalid, diminish or
impair the lien of any binding and effective against the Mortgagee
and every owner of the Property, or part thereof, whose title thereto
is acquired by foreclosure, trustee sale or otherwise; provided,
however, Mortgagee and such owner shall not be responsible for any
matters that occurred prior to their acquisition of the Property or such
portion.
12.4 Written Notice of Default. If a non-monetary default is not cured by
Developer within thirty (30) days after written notice by City to
Developer or a monetary default is not cured with in five (5) days
after written notice by City to Developer, then each Mortgagee shall
Ordinance No. 510
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28
be entitled to received written notice from City of the applicable
default by Developer under this Agreement provided the Mortgagee
has delivered a written request to the City for such notice and shall
have provided its address for notices in writing to the City. Each such
Mortgagee shall have a further right, but not the obligation, to cure
such default for an additional period of thirty (30) days after delivery
of such notice of default by City to the Mortgagee. City shall not
commence legal action against Developer by reason of Developer’s
breach without allowing the Mortgagee to cure the same as specified
herein.
13. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City may deliver written notice to Developer
requesting that such Party certify in writing that, to the knowledge of the
certifying Party, (i) this Agreement is in full force and effect and a binding
obligation of the Parties, (ii) this Agreement has not been amended, or if
amended, the identity of each amendment, and (iii) the requesting Party is
not in breach of this Agreement, or if in breach, a description of each such
breach. The Party receiving such a request shall execute and return the
certificate within ten (10) days following receipt of the notice. City
acknowledges that a certificate may be relied upon by successors in interest
to the Developer who requested the certificate and by holders of record of
deeds of trust on the portion of the Property in which that Developer has a
legal interest.
14. Administration of Agreement. Any consent or approval herein to be given
by the City may be given by the City Manager provided it is expressed and
is in writing. Any decision by City staff concerning the interpretation and
administration of this Agreement and development of the Property in
accordance herewith may be appealed by the Developer to the City Council,
provided that any such appeal shall be filed with the City Clerk of City within
ten (10) days after the affected Developer receives written notice of the staff
decision. The City Council shall render its decision to affirm, reverse or
modify the staff decision within thirty (30) days after the appeal was filed.
The Developer shall not seek judicial review of any staff decision without
first having exhausted its remedies pursuant to this section.
15. Amendment or Termination by Mutual Consent. In accordance with the
provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any
successor thereof then in effect, this Agreement may be amended or
terminated, in whole or in part, by mutual consent of City and the affected
Developer.
15.1 Exemption for Amendments of Project Approvals. No amendment to
a Project Approval or Subsequent Approvals shall require an
amendment to this Agreement and any such amendment shall be
deemed to be incorporated into this Agreement at the time that the
Ordinance No. 510
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29
amendment becomes effective, provided that the amendment is
consistent with this Agreement and does not alter the permitted uses,
density, intensity, maximum height, size of buildings or reservations
and dedications as contained in the Project Approvals or Subsequent
Approvals.
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and
agents from and against any and all losses, liabilities, fines, penalties, costs,
claims, demands, damages, injuries or judgments arising out of, or resulting
in any way from, Developer’s performance pursuant to this Agreement
including, but not limited to, Developer’s construction of the Project on the
Property and construction of improvements on the City Site and any injury
sustained by any person in connection with the construction or partial
construction of buildings and improvements on the Property and City Site.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any
action or proceeding to attack, review, set aside, void or annul this
Agreement, or any provision thereof, the environmental documents
prepared and approved in connection with the approval of the Project, or
any Project Approval or Subsequent Approval or modifications thereto, or
any other subsequent entitlements for the project and including any related
environmental approval.
17. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
18. Operative Date. As described in Subsection 1.9 above, this Agreement
shall become operative on the Operative Date, being the date the Enabling
Ordinance becomes effective pursuant to Government Code
Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of
fifteen (15) years commencing on the Operative Date or until one year after
the issuance of the final building permit for occupancy of the last unit of the
Project whichever occurs last, unless said term is amended or the
Agreement is sooner terminated as otherwise provided herein. Expiration
of the term or earlier termination of this Agreement shall not automatically
affect any Project Approval or Subsequent Approval or Building Permit or
Final Building Permit that has been granted or any right or obligation arising
independently from such Project Approval or Subsequent Approval or
Building Permit or Final Building Permit.
Upon expiration of the term or earlier termination of this Agreement, the
Parties shall execute any document reasonably requested by any Party to
Ordinance No. 510
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30
remove this Agreement from the public records as to the Property, and
every portion thereof, to the extent permitted by applicable laws.
Notwithstanding the foregoing, the following shall survive the expiration or
earlier termination of this Agreement: (i) all obligations arising under this
Agreement prior to the expiration or earlier termination of this Agreement;
and (ii) Section 16 of this Agreement.
20. Notices. All notices and other communications given pursuant to this
Agreement shall be in writing and shall be deemed received when
personally delivered or upon the third (3rd) day after deposit in the United
States mail, registered or certified, postage prepaid, return receipt
requested, to the Parties at the addresses set forth in Exhibit “B” attached
hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate
a different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contain the entire agreement between the Parties
regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement
shall not be amended, except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a
waiver of any other provision, whether or not similar; nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision.
No waiver shall be binding unless it is executed in writing by a duly
authorized representative of the Party against whom enforcement of the
waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of
this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into
and performing under this Agreement, it is acting as an independent entity
and not as an agent of any of the other Parties in any respect. Nothing
contained herein or in any document executed in connection herewith shall
be construed as creating the relationship of partners, joint ventures or any
other association of any kind or nature between City and Developer, jointly
or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for
the sole benefit of the Parties and their successors in interest. No other
Ordinance No. 510
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31
person shall have any right of action based upon any provision of this
Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any
amendment thereof shall be recorded with the County Recorder of the
County of Ventura by the City Clerk of City within the period required by
Chapter 15.40 of the Moorpark Municipal Code of City or any successor
thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall
execute and deliver to the other all such other and further instruments and
documents as may be necessary to carry out the purposes of this
Agreement.
28. Rules of Construction. The captions and headings of the various s ections
and subsections of this Agreement are for convenience of reference only,
and they shall not constitute a part of this Agreement for any other purpose
or affect interpretation of the Agreement. Should any provision of this
Agreement be found to conflict with any provision of the Purchase and Sale
Agreement, the Project Approvals or the Subsequent Approvals, the
provision of this Agreement shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared
jointly and equally by the Parties, and it shall not be construed against any
Party on the ground that the Party prepared the Agreement or caused it to
be prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and
executed in the County of Ventura, California, and the laws of the State of
California shall govern its interpretation and enforcement. Any action, suit
or proceeding related to, or arising from, this Agreement shall be filed in the
appropriate court having jurisdiction in the County of Ventura.
31. Attorneys’ Fees. In the event any action, suit or proceeding is brought for
the enforcement or declaration of any right or obligation pursuant to, or as
a result of any alleged breach of, this Agreement, the prevailing Party shall
be entitled to its reasonable attorneys’ fees and litigation expenses and
costs, and any judgment, order or decree rendered in such action, suit or
proceeding shall include an award thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which constitute one
and the same instrument.
33. Authority to Execute. Developer warrants and represents that to its
knowledge as of the Operative Date and with respect to each entity that is
defined as Developer: (i) it is duly organized and existing; (ii) it is duly
authorized to execute and deliver this Agreement; (iii) by so executing this
Ordinance No. 510
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32
Agreement, Developer is formally bound to the provisions of this
Agreement; (iv) Developer’s entering into and performance of its obligations
set forth in this Agreement do not violate any provision of any other
agreement to which Developer is bound; and (v) there is no existing or
threatened litigation or legal proceeding of which Developer is aware that
could prevent Developer from entering into or performing its obligations set
forth in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Development
Agreement effective as of the Operative Date.
CITY OF MOORPARK
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
MOORPARK PROPERTY 67, LLC
By:
James Rasmussen, Manager /Member
Ordinance No. 510
Page 38
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33
12853-0055\2561493v3.doc
EXHIBIT “A”
LEGAL DESCRIPTION
Ordinance No. 510
Page 39
700
34
12853-0055\2561493v3.doc
Ordinance No. 510
Page 40
701
35
12853-0055\2561493v3.doc
EXHIBIT “B”
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
James Rasmussen, President
Moorpark Property 67, LLC.
26500 West Agoura Rd., #652
Calabasas, CA 91302
Ordinance No. 510
Page 41
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36
12853-0055\2561493v3.doc
EXHIBIT “C”
LISTING OF AFFORDABLE UNITS
Unit
Number
Bedroom Size Unit Size (sq. ft.) Type
(list lot
number)
List # of bedrooms,
plus # of bath
Numerical value in sq. ft. Moderate, Low, Very
Low
11 3 BED 2 BATH 1483 SQ FT MODERATE
13 3 BED 2 BATH 1506 SQ FT MODERATE
27 3 BED 2 BATH 1506 SQ FT MODERATE
30 3 BED 2 BATH 1506 SQ FT MODERATE
37 3 BED 2 BATH 1483 SQ FT MODERATE
39 3 BED 2 BATH 1506 SQ FT MODERATE
43 3 BED 2 BATH 1506 SQ FT MODERATE
45 3 BED 2 BATH 1483 SQ FT VERY LOW
47 3 BED 2 BATH 1506 SQ FT MODERATE
52 3 BED 2 BATH 1506 SQ FT MODERATE
60 3 BED 2 BATH 1483 SQ FT MODERATE
69 3 BED 2 BATH 1483 SQ FT MODERATE
71 3 BED 2 BATH 1506 SQ FT MODERATE
132 3 BED 2 BATH 1483 SQ FT MODERATE
135 3 BED 2 BATH 1506 SQ FT MODERATE
129 3 BED 2 BATH 1506 SQ FT MODERATE
126 3 BED 2 BATH 1483 SQ FT VERY LOW
122 3 BED 2 BATH 1506 SQ FT MODERATE
113 3 BED 2 BATH 1483 SQ FT MODERATE
115 3 BED 2 BATH 1506 SQ FT MODERATE
Ordinance No. 510
Page 42
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37
12853-0055\2561493v3.doc
EXHIBIT “D”
NORTH HILLS PARKWAY EXHIBIT (CONCEPTUAL)
Ordinance No. 510
Page 43
704