HomeMy WebLinkAboutAGENDA REPORT 2023 0503 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 3, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
G. Consider Approval of Purchase and Sale Agreement with Dr. Yossi Bar-Zion for
347 Moorpark Avenue. Staff Recommendation: Approve Purchase and Sale
Agreement with Dr. Yossi Bar-Zion, subject to final language approval of the City
Manager, and authorize City Manager to execute the agreement. (Staff: Jessica
Sandifer, Community Services Manager)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 05/03/2023 Regular Meeting
SUBJECT: Consider Approval of Purchase and Sale Agreement with Dr. Yossi
Bar-Zion for 347 Moorpark Avenue
BACKGROUND
The Redevelopment Agency of the City of Moorpark (Agency) purchased 347 Moorpark
Avenue in 2005 for future development and to provide right-of-way for the future widening
of Moorpark Avenue. When the Agency purchased the property, it contained an
automotive business with a two-year lease term remaining. The Agency had to wait out
the lease term, commence relocation of the tenant, and then perform demolition of the
structure which was completed in 2008. The Agency staff then began working with
individuals to find development partners for the site. In 2011, the Redevelopment Agency
granted an easement for a 20-foot right-of way to the City of Moorpark to facilitate the
future widening of Moorpark Avenue.
However, prior to any development partners being found, the Agency was dissolved
pursuant to AB X1 26 (”Dissolution Act”), as upheld and modified by the Supreme Court
in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Cal.4th
231(2011)). As part of the dissolution process, the City of Moorpark elected to become
the Successor Agency of the Redevelopment Agency of the City of Moorpark (Successor
Agency). The Successor Agency was required by the Dissolution Act to prepare a Long
Range Property Management Plan (“LRPMP”) addressing the disposition of real
properties acquired by the former Redevelopment Agency. The LRPMP provides that the
property identified in the LRPMP as Property No. 2, APN 511-0-101-350 (347 Moorpark
Avenue) (“Property”) will be retained by the City of Moorpark (“City”), provided that the
City pays compensation to the taxing entities. In 2016, the City of Moorpark paid
$255,000 to the County Auditor-Controller who distributed the proceeds to the taxing
entities, thus completing the purchase of the property from the Agency. It was always
intended that the proceeds of the sale of the property would be used to reimburse the City
for the purchase. In 2018, subsequent to purchase of the property from the Agency, it
Item: 10.G.
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Honorable City Council
05/03/2023 Regular Meeting
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was determined that the Property was purchased with the Agency’s 2006 Tax Allocation
Bond (TAB) proceeds. The bond funded status of the Property does not allow the
proceeds of the property to be returned to the City and requires that any proceeds of the
sale be returned to the Bond fund or treated in accordance with the Bond covenants.
In 2019, the City hired Kosmont Real Estate Services to assist with disposition of City
surplus properties. The California Surplus Land Act (Government Code 54220 et seq.)
(“SLA””) governs the sale of surplus land. Land may be declared either “surplus land” or
“exempt surplus land” by the legislative body of the local agency as supported by written
findings. In 2020, the SLA requirements changed such that once a public agency
declares a property as surplus land, they must first offer the surplus land to interested
affordable housing entities.
DISCUSSION
In June 2020, the City Council declared 347 Moorpark Avenue as surplus property. In
June 2021 a Notice of Availability (NOA) was submitted to all the required housing
entities. No affordable housing entities expressed interest during the 60-day NOA period.
The Surplus Land Act requires that when no affordable housing entity shows interest, an
Affordable Housing Covenant needs to be recorded on the parcel requiring that if in the
future, 10 or more residential units are constructed on the site, then not less than
15 percent of the number of units shall be sold or rented at affordable housing cost as
defined in the California Health and Safety Code. In May 2022, the required covenant
was recorded on the property. In October 2022, the City received approval from the State
of California Department of Housing and Community Development (HCD) stating that the
City had met the SLA obligations and was now free to sell the property.
The purchaser, Dr. Yossi Bar-Zion has been interested in purchasing the property since
it was held by the Redevelopment Agency and has periodically checked over the years
to find out when the property would be available. He again made contact with staff
expressing his interest in the property. An appraisal was performed, which indicated that
the property value was $350,000. We shared that information with Dr. Yossi Bar-Zion
and he asked to proceed with the purchase.
The Purchase and Sale Agreement includes the following:
• Straight land sale – no requirement to develop a particular project;
• Easement for the widening of Moorpark Avenue will remain;
• Price – Appraised Value at $350,000;
• 60-day buyer due diligence period; and
• Escrow closes 15 days after all conditions to close are satisfied.
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ENVIRONMENTAL DETERMINATION
Staff has evaluated the conveyance of the property from the City to Dr. Yossi Bar-Zion
and determined that the conveyance is exempt from review under the California
Environmental Quality Act of 1970, as amended, (“CEQA”) on the grounds that the mere
conveyance of the property, by itself, and without any specific plans for development of
the property, is not a project that has the potential for a physical impact on the
environment. In addition, the sale is not conditioned on any requirement to apply for,
process, or seek approval for any particular land use project on the site. Any future
proposed use of the site is uncertain at this time but will undergo environmental review
when such use is proposed and approvals of that use are sought from the City.
Accordingly, the approval of the Purchase and Sale Agreement is not a project pursuant
to State CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that
there is no possibility that the mere change in ownership of the property, as distinguished
from the future approval of particular uses, may have a significant effect on the
environment.
FISCAL IMPACT
The Property is to be sold for appraised fair market value. Disposition of the Property will
yield $350,000 (or fair market value as of the most recent appraisal) in sale proceeds
upon closing, of which approximately $49,000 would be paid for closing and escrow costs.
The remainder of the funds will be transmitted to the Successor Agency in order to satisfy
bond covenants relating to the tax-exempt bonds that were issued by the former
Redevelopment Agency to finance the purchase price of the Property. Under the
Treasury Regulations pertaining to tax-exempt bonds, the Sales Proceeds will be used to
defease bonds to preserve the tax-exempt status of the bonds.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 1, Objective 1.5: “Dispose of applicable
former Moorpark Redevelopment Agency owned properties.”
STAFF RECOMMENDATION
Approve Purchase and Sale Agreement with Dr. Yossi Bar-Zion, subject to final language
approval of the City Manager, and authorize City Manager to execute the agreement.
Attachment: Purchase and Sale Agreement
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AGREEMENTFORPURCHASEANDSALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS (this "Agreement") is dated as of______ 2023, and is
entered into by and between the CITY OF MOORPARK ("Seller"), and YOSSI BAR-ZION
(collectively, "Buyer"). Upon execution of this Agreement by Buyer, Buyer shall promptly
deliver a copy of this executed Agreement to Seller.
RECITALS
A. Seller is the owner of the land described on Exhibit "A" and the
improvements (if any) thereon (collectively, the "Property").
B. Buyer desires to purchase the Property from Seller and Seller desires to sell
the Property to Buyer.
NOW, THEREFORE, in consideration of the Independent Consideration set forth
in Section 1.2.2 below, and for other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Buyer and Seller hereby agree as follows:
1. CONDITION PRECEDENT; AGREEMENT TO PURCHASE AND SELL:
PURCHASE PRICE.
1.1 Condition Precedent. The closing of the purchase and sale is
conditioned upon the approval of this Agreement by the City Council of the City of
Moorpark ("City Council") after public hearing thereon as required by applicable law. Upon
the execution of this Agreement by the Buyer, the Seller shall submit this Agreement for
approval by the City Council and shall promptly notify Buyer in writing of approval or
disapproval by the City Council. The foregoing condition may not be waived.
1.2 Agreement to Sell and Purchase. Seller agrees to sell the Property
to Buyer and Buyer agrees to purchase the Property upon the terms and conditions set
forth herein.
1.3 Purchase Price. The purchase price ("Purchase Price") for the
Property shall be three hundred fifty thousand dollars ($350,000).
1.4 Deposit. Notwithstanding anything in this Agreement to the contrary,
upon execution of this Agreement by Buyer, a ten thousand five hundred dollars
($10,500.00) (3% of purchase price) deposit shall be delivered by Buyer to Escrow Agent
(Shirley Franks, Escrow Officer, Lawyers Title). The Deposit shall be applicable towards
the Purchase Price.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by a grant deed in
the form attached hereto as Exhibit "B" and shall be evidenced by a CL TA Standard
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ATTACHMENT
1471
Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage
Form Policy, if Buyer elects such coverage as provided in Section 2.3 hereof) ("Title
Policy"), and the cost of the Title Policy and any additional AL TA coverage shall be borne
by Buyer as described in Section 4.9 below. The Title Policy shall be issued by
Commonwealth Land Title Insurance Company (Sara Soudani) ("Title Company"), with
liability in the full amount of the Purchase Price, insuring title to the Property as vested in
Buyer, free and clear of all liens and encumbrances and other matters affecting title to the
Property, except title exceptions which Buyer has approved in writing (which shall
constitute "Approved Title Exceptions"). Real property taxes and assessments shall be
prorated as of the Close of Escrow.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the Close of Escrow, Seller shall not record or permit to be recorded
any document or instrument relating to the Property or physically alter the Property or
permit or cause to be altered without the prior written consent of the Buyer, which consent
may be withheld in Buyer's sole and absolute discretion.
3. "AS IS" SALE. Buyer acknowledges that Seller is making no
representations or warranties about the Property, express or implied, and upon the Close
of Escrow, Buyer shall take title to the Property in its then current "AS IS" condition. Seller
shall disclose known material facts and defects affecting the property, and make any and
all other disclosures required by law.
4. RIGHT OF ENTRY AND DUE DILIGENCE PERIOD.
4.1 Inspection Deadline. Seller hereby grants Buyer and its agents,
employees, contractors, and subcontractors ( collectively "Representatives") the right of
entry to the Property at reasonable times until the date that is sixty (60) business days
after the Date of Agreement (the "Inspection Deadline") for the purpose of conducting
soils and geological investigation and testing for toxic or hazardous substances and
other contamination. Such investigation shall be at Buyer's expense. If Buyer
desires to terminate this Agreement as a result of its inspections, Buyer may do so by
written notice to Seller given on or before the Inspection Deadline.
4.2 Notice Requirements. Buyer shall deliver advance written notice to
Seller of its intention to enter the Property to conduct activities pursuant to this Section 4
at least two (2) business days prior to any entry onto the Property. Such notice of entry
shall include the proposed dates and times of such entry, and the nature, specific location
and scope of any test, investigation, or other activity upon the Property. Seller and its
representatives shall have the right to accompany and observe all of Buyer's and its
Representatives' activities on the Property.
4.3 Hazardous Materials. Buyer and its Representatives shall promptly
notify Seller of any discovery, spill, release, or discharge of any Hazardous Materials (as
defined below), on, under or about the Property which are discovered, encountered, or
result from or are related to Buyer's or its Representatives' access to and/or use of the
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Property under this Agreement. Buyer and its Representatives shall remove from the
Property any wastes and Hazardous Materials used in or generated by the activities of
Buyer or its Representatives on the Property promptly upon completion of their
environmental investigation activities and operations on the Property.
4.4 Due Diligence Period. Buyer shall have sixty (60) business days
after the Date of Agreement (the "Due Diligence Period") to review the exceptions, legal
descriptions and other matters contained in the Title Report and review all other due
diligence matters respecting the Property (collectively, the "Due Diligence Items") in
Buyer's sole and absolute discretion. If Buyer determines to proceed with the purchase
of the Property, then Buyer shall so notify Seller in writing prior to expiration of the Due
Diligence Period (the "Approval Notice"). If Buyer timely delivers the Approval Notice: (a)
Buyer shall be deemed to have approved the Property; and (b) the Deposit shall become
non-refundable to Buyer subject to the terms and conditions of this Agreement.
5. ESCROW.
5.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow
Holder for that purpose.
5.2 Escrow Holder. The escrow shall be opened with Lawyers Title
Company, Shirley Franks (Escrow Officer), 2751 Park View Court, Suite 241, Oxnard, CA
93036 (Escrow Order No. 09197983) (referred to herein as "Escrow Holder" in its capacity
as escrow holder), within five (5) business days after the execution of this Agreement by
Buyer and Seller depositing an executed copy or executed counterparts of this Agreement
with Escrow Holder. This document shall be considered as the escrow instructions
between the parties, with such further consistent instructions as Escrow Holder requires
in order to clarify the duties and responsibilities of Escrow Holder.
5.3 Close of Escrow. For the purposes of this Agreement, "Close of
Escrow" shall be the date on which a grant deed for the Property in favor of Buyer is
recorded in the Official Records of the Ventura County Recorder's Office. Provided all of
Seller's and Buyer's obligations to be performed on or before Close of Escrow have been
performed (or waived) and all the conditions to the Close of Escrow set forth in this
Agreement have been satisfied (or waived), escrow shall close fifteen (15) days after the
last condition to close has been satisfied. All risk of loss or damage with respect to the
Property shall pass from Seller to Buyer at the Close of Escrow. Possession of the
Property shall be delivered to Buyer upon the Close of Escrow.
5.4 Seller Required to Deliver. Before the Close of Escrow, Seller shall
deposit into escrow the following:
5.4.1 A grant deed conveying the Property to Buyer, in the form
attached hereto as Exhibit "B", duly executed by Seller and acknowledged (the "Grant
Deed");
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5.4.2 If required by Escrow Holder, A California 593 certificate and
federal non-foreign affidavit (with respect to Seller);
5.4.3 Any other documents reasonably required by Escrow Holder
or the Title Company to be deposited by Buyer to carry out this escrow.
5.5 Buyer Required to Deliver. On or before the Close of Escrow, Buyer
shall deposit into escrow the following (properly executed and acknowledged, if
applicable):
5.5.1 The Purchase Price; and
5.5.2 Any other documents reasonably required by Escrow Holder
to be deposited by Buyer to carry out this escrow.
5.6 Conditions to the Close of Escrow. Escrow shall not close unless
and until both parties have deposited with Escrow Holder all sums and documents
required to be deposited as provided in this Agreement. Additionally, Buyer's obligation
to proceed with the transaction contemplated by this Agreement is subject to the
satisfaction or waiver of all of the following conditions precedent:
5.6.1 Seller shall have performed all agreements to be performed
by Seller hereunder.
5.6.2 Title Company shall have issued or shall have committed to
issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to
the Property to be vested in Buyer subject only to the Approved Title Exceptions.
If any of the conditions to Close of Escrow are not timely satisfied for a
reason other than a default of Buyer or Seller under this Agreement, and this Agreement
is terminated, then upon termination of this Agreement, Escrow Holder shall promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by
Buyer in escrow and to return to Seller all funds and documents deposited by Seller in
escrow and which are held by Escrow Holder on the date of the termination (less, in the
case of the party otherwise entitled to such funds, however, the amount of any
cancellation charges required to be paid by such party under Section 4.11 below).
5.7 Recordation of Grant Deed; Delivery of Funds and Possession.
Upon receipt of the funds and instruments described in this Section 4, Escrow Holder
shall cause the Grant Deed to be recorded in the office of the County Recorder of Ventura
County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow
(less appropriate charges) to Seller, and Seller shall deliver possession of the Property
to Buyer free and clear of all occupants.
5.8 Prorations. All property taxes and assessments shall be prorated
between Buyer and Seller as of the Close of Escrow based on the latest available tax
information. All prorations shall be determined on the basis of a 360-day year.
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5.9 Costs of Escrow. Seller shall pay the premium for the Title Policy
(including the cost of extended coverage and the cost of any survey obtained by Seller in
connection with such extended coverage), as well as half (50%) of escrow fees, recording
costs (if any), transfer taxes and any other closing costs or charges not expressly provided
for herein.
5.10 Brokers. Seller has engaged Kosmont Real Estate Services in
connection with this transaction. Seller shall pay commissions that may be due to
Kosmont Real Estate Services pursuant to a separate written agreement (if any exists,
such that a commission is legally owed) with Kosmont Real Estate Services. Buyer and
Seller represent to one another that no other broker or finder has been engaged by it in
connection with the transaction contemplated by this Agreement, or to its knowledge is in
any way connected with such transaction, and each party covenants and agrees that any
other broker fee or commission, which may be due or payable in connection with the
closing of the transaction contemplated by this Agreement through its dealings with that
party, shall be borne solely by that party. Each party agrees to defend, indemnify and
hold harmless the other party and its respective employees, agents, representatives,
council members, attorneys, successors and assigns, from and against all claims of any
agent, broker, finder or other similar party arising from or in connection with its activities
relating to the sale of the Property to Buyer.
5.11 Escrow Cancellation Charges. In the event that this escrow shall fail
to close by reason of the default of either party hereunder, the defaulting party shall be
liable for all escrow and title cancellation charges. In the event that the escrow shall fail
to close for any other reason, each party shall pay one-half (1/2) of all escrow and title
cancellation charges.
6. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, the prevailing party in
such action shall be awarded, in addition to damages, injunctive or other relief, its
reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees
and reasonable fees of expert witnesses.
7. NOTICES. All notices, requests, demands and other communication given
or required to be given hereunder shall be in writing and sent by first class United States
registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the
parties as follows:
To Buyer:
To Seller:
Yossi Bar-Zion
21 Cindy Avenue
Newbury Park, CA 91320
Successor Agency/City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: Executive Director/City Manager
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Delivery of any notice or other communication hereunder shall be deemed made
on the date indicated in the return receipt or courier's records as the date of delivery or
as the date of first attempted delivery, if sent by mail or courier service. Any party may
change its address for purposes of this Section by giving notice to the other party as
herein provided.
8. ASSIGNMENT. Neither this Agreement nor any interest herein may be
assigned by either party without the prior written consent of the other party.
9. ENTIRE AGREEMENT. This Agreement contains all of the agreements of
the parties hereto with respect to the matters contained herein, and all prior or
contemporaneous agreements or understandings, oral or written, pertaining to any such
matters are merged herein and shall not be effective for any purpose. No provision of
this Agreement may be amended, supplemented or in any way modified except by an
agreement in writing signed by the parties hereto or their respective successors in interest
and expressly stating that it is an amendment of this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and
the same instrument.
11. EMAIL DELIVERY. This executed Agreement (and executed counterparts
of this Agreement), may be delivered by email to jsandifer@moorparkca.gov for Seller
and to yossi@barzion.net for Buyer.
12. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
13. THIRD PARTIES. Nothing contained in this Agreement, expressed or
implied, is intended to confer upon any person, other than the parties hereto and their
successors and assigns, any rights or remedies under or by reason of this Agreement.
14. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein, unless
such invalidity, illegality or unenforceability materially affects the economic terms of the
transactions contemplated by this Agreement or the ability of either party to perform its
obligations under this Agreement. In such case, either party may terminate this
Agreement and the escrow upon written notice to the other party given no later than ten
(10) business days after the party giving such notice becomes aware of such invalidity,
illegality or unenforceability. In the event of such termination, all funds deposited with
Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer.
15. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any
further acts and to execute, acknowledge and deliver any further documents that may be
reasonably necessary to carry out the provisions of this Agreement.
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16. AUTHORITY OF EXECUTIVE DIRECTOR/CITY MANAGER. The
Executive Director/City Manager of Seller may give any and all notices, consents and
terminations hereunder on behalf of Seller provided they are in writing.
17. DUE AUTHORIZATION/EXECUTION. Upon execution hereof, each party
shall promptly provide to the other party reasonable evidence of its due authorization of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
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BUYER:
/;:;:? ~ --;;;£---------
Yossi Bar-Zion
SELLER:
CITY OF MOORPARK
By:
Print Name: ----------Tit I e: ------------
Attest:
Ky Spangler, City Clerk
APPROVED AS TO FORM:
Kevin G. Ennis, Successor Agency
Counsel
1477
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LAND
All that certain real property situated in the County of Ventura, State of California,
described as follows:
A part of Lot "P" as per map entitled "Map of a part of Tract "L", of the Rancho Simi, in
the City of Moorpark, County of Ventura, State of California, showing the Townsite of
Moorpark and the lands of Madeline R. Poindexter", recorded in Book 5, Page 5 of maps,
in the Office of the County Recorder of said County, described as follows:
Beginning at a point in the center line of Moorpark Avenue, from which a point in the
center line of said Moorpark Avenue at the Northeast corner of that certain Parcel of and
as conveyed to Thomas M. Hill, by deed recorded in Book 145, Page 296 of Deeds,
bears South 0°03' West 121.38 feet distant; thence from said point of beginning,
1st: North 0°03' East 121.41 feet along the center line of said Moorpark Avenue to a
point; thence,
2nd: North 89°56' West 175.00 feet at 25.00 feet a¾" iron rod set in the Westerly line of
said Moorpark Avenue; at 175.00 feet a ¾" iron rod; thence,
3rd : South 0°03'West 121.41 feet to a¾" iron rod; thence,
4th: South 89°56' East 175.00 feet, at 150.00 feet a ¾" iron rod et in the Westerly line of
said Moorpark Avenue, at 175.00 feet the point of beginning.
Excepting therefrom all that part of the above described land lying within the exterior
boundaries of Moorpark Avenue.
Assessor's Parcel No: 511-0-101-350
Exhibit "A"
Page 1 of 1
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EXHIBIT "B"
FORM OF GRANT DEED
(Attached.) Exhibit "B" Page 1 of6 1479
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO (AND SEND TAX AND ASSESSMENT
STATEMENTS TO):
Yossi Bar-Zion
347 Moorpark Avenue
Moorpark CA 93021
APN: 511-0-101-350
[SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees
pursuant to California Government Code Section 27383.
Documentary Transfer Tax is$ _____ _
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the [CITY OF MOORPARK] ("Grantor") hereby grants to YOSSI BAR-ZION ("Grantee"),
the land located in the City of Moorpark, County of Ventura, State of California, more
particularly described on Exhibit A attached hereto and incorporated herein by reference
and all improvements thereon (collectively, the "Property"), subject to all matters of record
and all matters visible upon diligent inspection.
Grantee agrees, for itself, its successors and assigns, to refrain from restricting the
rental, sale or lease of the Property on any basis listed in subdivision (a) or (d) of Section
12955 of the California Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision {p) of Section 12955, and
Section 12955.2 of the California Government Code, rental, sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee or
any such person claiming under or through him establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of
the Property. The foregoing covenants shall run with the Property.
All deeds, leases or contracts entered into by Grantee, its successors and assigns,
or any successor-in-interest to all or any portion of or interest in the Property shall contain
or be subject to substantially the following nondiscrimination or non-segregation clauses:
1.In deeds: "The grantee herein covenants by and for and all persons
claiming under or through them, that there shall be no discrimination against orsegregation of, any person or group or persons on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the California Government Code, as
Exhibit "B"
Page 2 of6
1480
those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
California Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property herein conveyed, nor shall the
grantee himself, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the Property herein
conveyed. The foregoing covenants shall run with the Property.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect
to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to
housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the
California Government Code shall apply to said paragraph."
2.In leases: "The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through
him, and that this lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation of, any person or group
or persons on account of any basis listed in subdivision (a) or (d) of Section 12955
of the California Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,
and Section 12955.2 of the California Government Code, in the leasing,
subleasing, transferring, use, or enjoyment of the Property herein leased nor shall
the lessee himself, or any person claiming under or through him, establish or
permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the Property herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect
to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to
housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the
California Government Code shall apply to said paragraph."
(a)3. In contracts: "There shall be no discrimination against or segregation of,
any person or group or persons on account of any basis listed in subdivision or (d)
of Section 12955 of the California Government Code, as those bases are defined
in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p)Exhibit "B" Page 3 of 6 1481
of Section 12955, and Section 12955.2 of the California Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor shall the transferee himself or any person claiming under or through
him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the Property.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons,
as defined in Section 12955.9 of the California Government Code. With respect
to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to
housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the
California Government Code shall apply to said paragraph."
IN WITNESS WHEREOF, Granter has executed this Grant Deed as of the date
set forth below.
Dated: ____ , 2023 GRANTOR:
CITY OF MOORPARK
By: Print Name: __________ _
Title: ____________ _
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracv, or validitv of the document.
STATE OF CALIFORNIA
COUNTY OF -------
On_______ __, 20 __ before me,, ____________ _ Notary Public, personally appeared __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose
Exhibit "B"
Page 4 of 6
1482
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _________ _
Exhibit "B" Page 5 of6
(affix seal in above space)
1483
Exhibit A
to Grant Deed
All that certain real property situated in the County of Ventura, State of California, described as follows:
A part of Lot "P" as per map entitled "Map of a part of Tract "L", of the Rancho Simi, in the City of Moorpark, County of Ventura, State of California, showing the Townsite of Moorpark and the lands of Madeline R. Poindexter", recorded in Book 5, Page 5 of maps, in the Office of the County Recorder of said County, described as follows:
Beginning at a point in the center line of Moorpark Avenue, from which a point in the center line of said Moorpark Avenue at the Northeast corner of that certain Parcel of and as conveyed to Thomas M. Hill, by deed recorded in Book 145, Page 296 of Deeds, bears South 0°03' West 121.38 feet distant; thence from said point of beginning,
1st: North 0 °03' East 121.41 feet along the center line of said Moorpark Avenue to a point; thence,
2nd: North 89°56' West 175.00 feet at 25.00 feet a¾" iron rod set in the Westerly line of said Moorpark Avenue; at 175.00 feet a ¾" iron rod; thence,
3rd : South 0°03'West 121.41 feet to a¾" iron rod; thence,
4th: South 89 °56' East 175.00 feet, at 150.00 feet a ¾" iron rod et in the Westerly line of said Moorpark Avenue, at 175.00 feet the point of beginning.
Excepting therefrom all that part of the above described land lying within the exterior boundaries of Moorpark Avenue.
Assessor's Parcel No: 511-0-101-350
Exhibit "B"
Page 6 of6
1484