HomeMy WebLinkAboutRES CC 2023 4160 2023 0215 RESOLUTION NO. 2023-4160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, EXONERATING SURETY
BONDS 4418694, 4418695, 4418697, 4418698, 4444897,
4444898, and 4444899 FOR TRACT 5906 (BURNS PACIFIC
CONSTRUCTION, INC.)
WHEREAS, the City Council adopted Ordinance No. 416, terminating Development
Agreement No. 1998-04 adopted by Ordinance No. 250 and adopting Development
Agreement 2012-01 by and between the City of Moorpark and A-B Properties for
approximately 34.53 acres, north of Union Pacific Railroad right-of-way, west of Gabbed
Road; and
WHEREAS, the City Council adopted Resolution No. 2013-3182, approving Tentative
Tract Map No. 5906, a resubdivision of Tract No. 5147 for 17 industrial lots on 34.70 acres,
located 1,300 feet west of Gabbed Road, north of Union Pacific Railroad right-of-way, on the
application of A-B Properties; and
WHEREAS, the developer/subdivider (A-B Properties and Burns Pacific Construction,
Inc.) entered into a Memorandum of Option Agreement for Purchase of Real Estate, recorded
on July 20, 2020, as Instrument No. 20200728-00111370 of the Official Records, with Hecate
Grid Gwent Storage 1, LLC; and
WHEREAS, the City Council adopted Resolution No. 2021-4005, approving Final
Tract Map No. 5906; and
WHEREAS, the City entered into a Subdivision Improvement Agreement with Burns
Pacific Construction, Inc. for the construction of public and private improvements related to
Tract 5906; and
WHEREAS, the City Council has authorized the City Manager to execute a new
Subdivision Improvement Agreement with the buyer of Tract 5906, Hecate Grid Land LLC,
for the construction of public and private improvements related to Tract 5906; and
WHEREAS, upon execution of a new Subdivision Improvement Agreement with
Hecate Grid Land LLC, the City Council has authorized the City Manager to terminate the
current Subdivision Improvement Agreement with Burns Pacific Construction, Inc.; and
WHEREAS, City staff recommends that upon execution of a new Subdivision
Improvement Agreement with Hecate Grid Land LLC and the termination of the current
Subdivision Improvement Agreement with Burns Pacific Construction, Inc., the City Council
exonerate Surety Bond Numbers 4418694, 4418695, 4418697, 4418698, 4444897,
4444898, and 4444899.
Resolution No. 2023-4160
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark, upon execution of a new
Subdivision Improvement Agreement with Hecate Grid Land LLC and the termination of the
current Subdivision Improvement Agreement with Burns Pacific Construction, lnc, hereby
exonerates Surety Bond Numbers 4418694, 4418695, 4418697, 4418698, 4444897,
4444898, and 4444899.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 15th day of February 2023.
Chris R. En ! n, Mayor
ATTEST: o
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Ky Span r, City erk 70
Resolution No. 2023-4160
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 2023-4160 was adopted by the City Council of the City
of Moorpark at a regular meeting held on the 15th day of February, 2023, and that the same was
adopted by the following vote:
AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren
NOES: None
ABSENT: None
ABSTAIN: None
4
WITNESS my hand and the official seal of said City this 16th day of February, 2023.
4 KySpa ler, City N
(seal)
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