HomeMy WebLinkAboutORD 520 2024 0117 ORDINANCE NO. 520
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING THE FOURTH AMENDMENT
TO DEVELOPMENT AGREEMENT NO. 2012-03 BETWEEN
THE CITY OF MOORPARK AND MOORPARK CASEY
ROAD, L.P., AND MAKING A DETERMINATION OF
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of that property; and
WHEREAS, on July 18, 2007, the City Council adopted Resolution No. 2007-2611,
adopting a Mitigated Negative Declaration, and approving General Plan Amendment No.
2004-05 for a change of land use designation from Specific Plan 9 (SP-9) — School
Overlay to Very High Density Residential (VH); and
WHEREAS, on March 1 , 2017, the City Council conducted a duly noticed public
hearing and adopted Resolution No. 2017-3582 approving Residential Planned
Development Permit No. 2012-02 for the construction of a 200-unit apartment complex
and associated site improvements on approximately 11 .66 acres located at 150 Casey
Road, and adopted a Mitigated Negative Declaration from a previous project, Residential
Planned Development Permit No. 2012-02; and
WHEREAS, on March 15, 2017, the City Council adopted Ordinance No. 443,
approving Development Agreement No. 2012-03 (DA) by and between the City of
Moorpark and Essex Moorpark Owner L.P. in association with Residential Planned
Development Permit No. 2012-02; and
WHEREAS, on June 7, 2021, an application was filed to amend the terms of the
DA between the City of the Moorpark and Essex Moorpark Owner L.P.; and
WHEREAS, on September 15, 2021, the City Council adopted Ordinance No. 490
approving the First Amendment to DA No. 2012-03; and
WHEREAS, on September 19, 2022, an application was filed to amend the terms
of the DA between the City of the Moorpark and Essex Moorpark Owner L.P.; and
WHEREAS, on November 2, 2022, the City Council adopted Ordinance No. 509
approving the Second Amendment to DA No. 2012-03; and
Ordinance No. 520
Page 2
WHEREAS, on December 27, 2022, an application was filed to amend the terms
of the DA between the City of the Moorpark and Essex Moorpark Owner L.P.; and
WHEREAS, on March 1, 2023, the City Council adopted Ordinance No. 511
approving the Third Amendment to DA No. 2012-03; and
WHEREAS, on December 19, 2023, the Planning Commission adopted Resolution
No. PC-2023-700 recommending that the City Council approve the Fourth Amendment
to DA No. 2012-03; and
WHEREAS, at a duly noticed public hearing on January 3, 2024, the City Council
considered the Fourth Amendment to the DA, and public testimony related thereto; and
WHEREAS, the City Council has considered all points of public testimony relevant
to the Fourth Amendment to the DA and has given careful consideration to the content of
the Fourth Amendment to the DA, and has reached a decision on the matter; and
WHEREAS, the Community Development Director has determined that this
project, as amended, is consistent with the environmental determination that was
previously-approved for Residential Planned Development Permit No. 2012-02.
Therefore, no further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs
with the Community Development Director that the Fourth Amendment to the DA is
consistent with the Mitigated Negative Declaration adopted for Residential Planned
Development Permit No. 2012-02.
SECTION 2. The City Council of the City of Moorpark does hereby find as follows:
A. The provisions of the Fourth Amendment to the DA are consistent with the
General Plan in that it will help achieve the goals of the Land Use Element
and Housing Element and is consistent with the goals and policies of all
other elements.
B. The provisions of the Fourth Amendment to the DA and the assurances that
said agreement places upon the project are consistent with the provisions
of Chapter 15.40 of the Moorpark Municipal Code because the DA, First
Amendment, and Second Amendment contain the elements required by
Section 15.40.030 and shall be processed through a duly-noticed public
hearing process as required by law.
Ordinance No. 520
Page 3
SECTION 3. The City Council hereby adopts the Fourth Amendment to the DA
attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a
municipal corporation, and Moorpark Casey Road, L.P. and the City Clerk is hereby
directed to cause one copy of the signed, adopted agreement to be recorded with the
County Recorder no later than ten (10) days after the City enters into the DA pursuant to
the requirements of Government Code Section 65868.5.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or 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 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. 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 17th day of January, 2024.
Chris R. Ene ayor
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Exhibit A — Fourth Amendment to Development Agreement with Attachments
Ordinance No. 520 EXHIBIT A
Page 4
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 §§ 6103, 27383 and 27388.1
of the California Government Code
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK
AND
MOORPARK CASEY ROAD, L.P.
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FOURTH AMENDMENT
TO DEVELOPMENT AGREEMENT
This FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth
Amendment") is dated as of , 2024, and is entered into by and between the
CITY OF MOORPARK, a municipal corporation ("City"), and MOORPARK CASEY
ROAD, L.P., a California limited partnership ("Developer"), as successor in interest to
ESSEX MOORPARK OWNER, L.P., a California limited partnership which was the
original owner and developer of the Property described herein ("Original Developer").
RECITALS
WHEREAS, the City and the Original Developer entered into that certain
Development Agreement dated April 17, 2017, which was recorded on April 17, 2017, as
Document No. 20170417-00050720-0 in the Official Records of Ventura County,
California; and
WHEREAS, the City and the Original Developer entered into the First Amendment
to the Development Agreement ("First Amendment") dated August 2, 2022, which was
recorded on August 4, 2022, as Document No. 2022000082017 in the Official Records of
Ventura County, California; and
WHEREAS, the City and the Original Developer entered into the Second
Amendment to the Development Agreement ("Second Amendment") dated December 2,
2022, which was recorded on December 14, 2022, as Document No. 2022000115909 in
in the Official Records of Ventura County, California; and
WHEREAS, the City and Original Developer entered into the Third Amendment to
the Development Agreement ("Third Amendment") dated April 5, 2023, which was
recorded on April 7, 2023, as Document No. 2023000025399 in the Official Records of
Ventura County, California, (as so amended, the "DA"); and
WHEREAS, on March 9, 2023 and by Grant Deed recorded on March 10, 2023 as
Document No. 2023000018401, Developer became the successor in interest to the
Property and to the DA from the Original Developer, and thereafter the Developer
immediately conveyed the "City Site," as such property was described in the DA to the
City by way of a Grant Deed dated March 1, 2023 and recorded as Document No.
2023000018402; and
WHEREAS, on March 9, 2023, the City and Developer entered into the Amended
and Restated Affordable Housing Agreement that was recorded as Document No.
2023000018406; and
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WHEREAS, the Development Agreement, as amended by the First Amendment,
Second Amendment and Third Amendment, is referred to as the "DA" and pertains to the
real property described on Exhibit A, attached hereto (the "Property"); and
WHEREAS, City and Developer desire to amend the DA in certain respects, as
more particularly set forth below.
NOW, THEREFORE, the parties hereby agree as follows:
1. Amendments.
a. Section 6.13 of the DA is hereby deleted and is replaced with the
following revised Section 6.13:
"6.13 Assessment Districts. Prior to issuance of a Zoning Clearance
for the first building permit or the approval of any final map for the
Project: (a) Owner shall pay the City a single Fifty Thousand Dollar
($50,000) Assessment District Formation Fee; and (b) a fully-funded
Assessment District shall be formed that includes the Property. The
Assessment District shall be for the purposes of funding future costs for
the maintenance of the parkway landscaping on Casey Road and
Walnut Canyon Road, landscaping and irrigation of the landscaped area
on the City Site and southerly of the retaining wall along the northerly
boundary of the City Site, the maintenance of the storm water quality
basin and drainage improvements, including any basin landscaping and
irrigation, and the maintenance of the storm water basin access drive,
pedestrian walkway, emergency access drive on the City Site. It shall
be the intent of the City to approve the required assessment each year,
but to only levy that portion of the assessment necessary to recover any
past City costs or any anticipated City costs for that fiscal year. The City
shall administer the annual setting of the levy of the Assessment District,
and any costs related to such administration shall be charged to the
Assessment District as permitted by law. Owner agrees to cast
affirmative ballots for the establishment of the Assessment District for
the purposes specified in this subsection. Owner hereby waives any
right they may have to contest or protest any such assessments or
assessment increases. In the event that the Assessment District has
insufficient funds for its purposes, then Owner shall pay the funds
required to the Assessment District within five (5) business days after
written demand from the City Manager or his or her designee from time
to time."
b. Section 6.25 of the DA is hereby deleted and is replaced with the
following revised Section 6.25:
"6.25 Emergency and Secondary Access; Pedestrian Walkway.
Developer agrees, prior to issuance of certificate of occupancy for the
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first residential building within the Project to construct: (i) a road from
High Street to the Property through the City Site for vehicular emergency
and secondary access, and (ii) a walkway from High Street to the
Property through the City Site at its sole cost and expense, as depicted
on the building plans for the Project approved by the City's Engineer and
Community Development Director. The Ventura County Fire
Department has determined that no improvements to High Street are
required for emergency secondary access to the Project. The Developer
shall have the right to construct and utilize the emergency access road
and pedestrian walkway in accordance with an Access and Construction
Easement Agreement (or similarly named document) that shall be
entered into between the City and the Developer in the general form
attached hereto as Exhibit "B"to this Fourth Amendment to the DA. The
emergency access road and pedestrian walkway shall be subject to
modification and relocation, at the City's discretion but subject to the
conditions set forth in the easement agreement, as necessary to
complete the extension of High Street within or abutting the City Site and
to otherwise use the City Site for other lawful purposes."
c. The last paragraph of Section 6.26 of the DA (Section 10 of the First
Amendment, as amended by the Second Amendment) is hereby further
amended to add the following sentence at the end of that last paragraph:
"The Offsite Improvement Performance Bond and Payment Bond shall be
obtained and filed with the City prior to final inspection or the issuance of a
certificate of occupancy for the first multifamily residential building
constructed on the Property."
d. Section 6.40 of the DA is hereby deleted and is replaced with the
following revised Section 6.40:
"6.40 City Financing of Certain Development Fees through a
Residual Receipts Loan. Developer has requested and City has agreed
to finance the payment of certain portions of City development impact
fees required in Sections 6.3 (Development Fee), and 6.7 (Park Fees
and Public Art Fee) to be paid for construction of the Project in the form
of a $3,890,500 fifty-five year Residual Receipts Loan (the "City
Residual Receipts Loan") as described below. The City Residual
Receipts Loan shall be evidenced by the City Loan Note and secured by
the City Loan Deed of Trust, which shall include a term of 55 years from
completion and simple interest at 3.00% per annum, which shall be
repayable solely from the City's pro rata share of 50% of Residual
Receipts (which will be shared by other public lenders making loans
required to finance the development). The City Manager shall have the
authority to adjust the residual receipts percentage in the City Loan Note
before it is executed in order to be consistent with the foregoing. The
City Residual Receipts Loan shall be secured by a deed of trust
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Ordinance No. 520
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encumbering the Project that is subordinate only to the liens of the
Project's bond financing and any state agency debt that is required by
regulation to be senior to the City's Residual Receipts Loan, and the City
Manager shall have the authority to execute reasonable subordination
agreements in connection therewith. The term "Residual Receipts" in
a particular calendar year shall mean the amount by which Gross
Revenue exceeds Annual Operating Expenses.
"Gross Revenue" means for each calendar year, all revenue, income,
receipts, and other consideration actually received by the borrower from
operation and leasing of the Project. Gross Revenue includes, but is not
limited to: (1) All rents, fees and charges paid by tenants, payments or
other rental subsidy payments received for the dwelling units, deposits
forfeited by tenants, all cancellation fees, price index adjustments and
any other rental adjustments to leases or rental agreements resulting in
actual income to Borrower; (2) The proceeds of business interruption or
similar insurance; (3) Any payment received in consideration for the
leasing or other use of any portion of the project; (4) Subject to the rights
of senior lenders, the proceeds of casualty insurance to the extent not
utilized to repair or rebuild the project (or applied toward the cost of
recovering such proceeds); (5) Subject to the rights of senior lenders,
condemnation awards for a taking of part or all of the project for a
temporary period; and (6) Gross Revenue shall exclude tenants'security
deposits, loan proceeds, capital contributions or other similar advances.
"Annual Operating Expenses" with respect to a particular calendar
year means the following costs reasonably and actually incurred for
operation and maintenance of the project to the extent that they are
consistent with an annual independent audit performed by a certified
public accountant using generally accepted accounting principles:
(1) Property taxes and assessments imposed on the property; (2) Debt
service and associated fees currently due on a non-optional basis
(excluding debt service due from residual receipts or surplus cash of the
project) on loans associated with development of the project and
approved by the City in writing; (3) Property management fees and
reimbursements, not to exceed fees and reimbursements which are
standard in the industry, and pursuant to a management contract
approved by the City in writing; (4) Premiums for property damage and
liability insurance; (5)Any annual license or certificate of occupancy fees
required for operation of the Project; (6) Annual regulatory compliance
monitoring fees payable to the City; (7) Security services; (8)Advertising
and marketing costs; (9) Replenishment of Project reserves and cash
deposited into reserves for capital replacements of the Project in an
amount approved by the City in writing or required as part of any
construction or permanent loan for the Project that is secured by a deed
of trust on the Project, and which loan has been approved by the City in
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Ordinance No. 520
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writing; (10) Partnership management fees, asset management fees,
and general partner management fees in the amount in the Borrower's
amended and restated partnership agreement which has been delivered
to the City; (11) Utility services not paid for directly by tenants, including
without limitation, water, sewer, and trash collection; (12) Maintenance
and repair, including pest control, landscaping, grounds maintenance,
painting and decorating, cleaning, common systems repair, janitorial
supplies and services; (13) Social services fees and expenses;
(14) Annual audit fees, inspection fees, or monitoring fees required in
relation to any approved financing; (15) Extraordinary operating costs
specifically approved by the City in writing in its reasonable discretion;
(16) Payments of deductibles in connection with casualty insurance
claims not normally paid from reserves, the amount of uninsured losses
actually replaced, repaired or restored, and not normally paid from
reserves; (17) Reasonable accounting fees and legal fees;
(18) Payments of Deferred Developer Fee; and (19) Other ordinary and
reasonable operating expenses approved by the City in its reasonable
discretion and not listed above.
Annual Operating Expenses shall exclude the following: depreciation,
amortization, depletion or other non-cash expenses, the Incentive
Management Fee (as defined in the Borrower's amended and restated
partnership agreement), and any amount expended from a reserve
account.
e. Section 7.18 of the DA is hereby deleted and is replaced with the
following revised Section 7.18:
"7.18 Storm Water/Flood Detention Basin. Developer shall construct a
permanent detention basin, temporary sediment basin, and access road
to the basins on the City Site in accordance with grading plans approved
by the City Engineer and Community Development Director, at
Developer's sole cost and expense. The Developer shall have the right
to construct such improvements and use such basins for purposes of
the Project in accordance with a Drainage and Construction Easement
Agreement that shall be entered into between the City and the
Developer in the general form attached hereto as Exhibit "C" to this
Fourth Amendment to the DA. The detention basin, temporary sediment
basin and access road to the basins shall be subject to modification and
relocation, at the City's discretion but subject to the conditions set forth
in the easement agreement, as necessary to complete the extension of
High Street within or abutting the City Site and to otherwise use the City
Site for other lawful purposes."
2. Reaffirmation. Except as specifically amended hereby, the DA is and shall
remain in full force and effect; and to the extent that there are any
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Ordinance No. 520
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inconsistencies between the provisions of this Fourth Amendment and the DA,
the provisions hereof shall control.
3. Counterparts. This Fourth Amendment may be executed by the parties hereto
in separate counterparts, and signatures delivered electronically, and each
counterpart when so executed and delivered shall be an original, but all such
counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be
executed the day and year first above written.
DEVELOPER: CITY:
MOORPARK CASEY ROAD, L.P. CITY OF MOORPARK,
a California limited partnership a municipal corporation
By: Moorpark Casey Road, LLC, By:
a California limited liability company, its Chris R. Enegren, Mayor
Administrative General Partner
By: Danco Communities, a California
corporation, ATTEST:
Its Manager
By: Ky Spangler, City Clerk
Daniel Johnson
President
APPROVED AS TO FORM:
By: Community Revitalization and
Development Corporation, a California
nonprofit public benefit corporation, its By:
Managing General Partner Kevin G. Ennis, City Attorney
By:
David Rutledge
President
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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, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
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 PENALTY 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 (Seal)
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Ordinance No. 520
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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, accuracy, or validity of that document.
State of California
County of )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
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 PENALTY 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 (Seal)
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Ordinance No. 520
Page 13
EXHIBIT "A"
TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS
EVIDENCED BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO.
20160831-00125261-0 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED JULY 21, 2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING
A PORTION OF LOT"T", TRACT NO. "L", RANCHO SIMI, AS PER MAP FILED IN BOOK
5, PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF SAID
COUNTY RECORDER AND A PORTION OF LOT 4, TRACT NO. 3 AS PER MAP
ENTITLED "MAP OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND
ADDITION TO MOORPARK, IN THE RANCHO SIMI, VENTURA COUNTY,
CALIFORNIA" IN SAID CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN
BOOK 5, PAGE 37 OF SAID MISCELLANEOUS RECORDS (MAPS).
TOGETHER WITH THAT PORTION OF PARCEL 1A OF IN THAT CERTAIN LOT LINE
ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503-
0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI
AS PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN
THE OFFICE OF SAID COUNTY RECORDER, LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03, DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
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EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER
HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET, MEASURED
VERTICALLY FROM THE PRESENT SURFACE AS RESERVED BY MERI V.
BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF OFFICIAL
RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS
IN AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE
RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET
OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM, AS
RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN
BOOK 1587, PAGE 274 OF OFFICIAL RECORDS.
PARCEL 2:
PARCEL "B" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS
EVIDENCED BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO.
20160831-00125261-0 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503-0108315 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING
A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI AS PER MAP FILED IN BOOK
5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF SAID
COUNTY RECORDER.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK
BY DEED APRIL 30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03, DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
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3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER
HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF, WITHIN 500 FEET, MEASURED
VERTICALLY FROM THE PRESENT SURFACE AS RESERVED BY MERI V.
BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF OFFICIAL
RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS
IN AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE
RIGHT OF SURFACE ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT
SURFACE MEASURED VERTICALLY THEREFROM, AS RESERVED BY RILEY
SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN BOOK 1587, PAGE 274
OF OFFICIAL RECORDS.
APN: 511-0-020-26 5 AND 511-0-020-275
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EXHIBIT "B"
TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
EMERGENCY ACCESS AND CONSTRUCTION EASEMENT AGREEMENT
(Exhibit L to DA)
This instrument prepared by and when recorded return to:
Moorpark Casey Road LP
5251 Ericson Way
Arcata, CA 95521
EMERGENCY ACCESS, PEDESTRIAN ACCESS,AND CONSTRUCTION
EASEMENT AGREEMENT
This Emergency Access, Pedestrian Access, and Construction Easement Agreement (this
"Agreement") is dated as of , 2024, by and between MOORPARK CASEY ROAD
LP, a California limited partnership, whose address is 5251 Ericson Way, Arcata, CA 95521
("Grantee"), and the CITY OF MOORPARK, a California municipal corporation, whose
address is 799 Moorpark Avenue,Moorpark,California 93021 ("Grantor"). Grantor and Grantee
are sometimes individually referred to herein as a"Party"or collectively as the"Parties."
RECITALS
A. Grantor owns certain real property in the City of Moorpark,Ventura County, State
of California, located at the corner of High Street and Walnut Canyon Road and more particularly
described on Exhibit"A" attached hereto ("Grantor Land").
B. Grantee owns certain real property in the City of Moorpark,Ventura County, State
of California, located at 150 Casey Road and more particularly described on Exhibit`B"attached
hereto ("Grantee Land").
C. Grantee intends to develop a 200-unit affordable apartment community commonly
known as Vendra Gardens(the"Project") on the Grantee Land.
D. The Grantor Land is currently vacant.
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E. The Grantor Land and the Grantee Land are sometimes referred to individually
herein as a"Parcel" and collectively as the"Parcels."
F. As a condition of Project approval by the City of Moorpark Planning Department,
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
Moorpark the Project, the Project is required to have emergency and secondary vehicular ingress
and egress and pedestrian ingress and egress through the Grantor Property from High Street.
G. Grantor desires to grant a non-exclusive access easement ("Emergency Access
Easement")in favor of the Grantee, and the employees, agents,guests,and invitees of the Project
(collectively,the "Grantee Parties") for emergency and secondary vehicular access, ingress, and
egress to the Grantee Land, from and to High Street over the easement area legally described and
depicted on Exhibit"C"attached hereto (the"Emergency Access Area").
H. Grantor also desires to grant a non-exclusive pedestrian access easement
("Pedestrian Access Easement") in favor of the Grantee Parties for pedestrian access, ingress,
and egress to the Grantee Land, from and to High Street over the easement area described and
depicted on Exhibit "C" attached hereto (the "Pedestrian Access Area" and together with the
Emergency Access Area,the"Access Areas").
I. As a condition of Project approval by the City of Moorpark Planning Department,
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
Moorpark the Project is also required to construct the roadway to be used for emergency and
secondary, ingress and egress in the Emergency Access Area (the "Access Road
Improvements"), as well as the walkway to be used for pedestrian ingress and egress in the
Pedestrian Access Area (the "Walkway Improvements"), at its cost and as depicted on the
approved plans for the Project identified as "Precise Grading Plans" as approved by the City of
Moorpark on March 9, 2023 ("Approved Plans").
J. Grantor also desires to grant a temporary construction easement in favor of Grantee
and its agents, contractors, and subcontractors ("Grantee Construction Parties") in connection
with the construction of the Access Road Improvements and Walkway Improvements,to allow the
Grantee Construction Parties access to the Grantor Land to construct the Access Road
Improvements and Walkway Improvements substantially in accordance with the Approved Plans
(collectively, the"Work").
NOW, THEREFORE, in consideration of the foregoing and mutual representations,
warranties,covenants,and agreements herein contained,and such other consideration,the receipt
of which is hereby acknowledged by the Parties, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement.
2. Term and Commencement Date. The commencement date of this Agreement shall be the
date that the Grantee acquires fee title to the Grantee Land ("Closing Date") or such later date
set forth herein. Except for the construction easement set forth in Section 4 below, the covenants
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under this Agreement are to run with the land in perpetuity and will be binding on all parties and
all persons claiming under them.
3. Grant of Easements.
3.1 Emergency Access Easement. Subject to the terms and conditions of this
Agreement, Grantor hereby grants to the Grantee Parties, a nonexclusive easement for vehicular
ingress and egress over, through, and from the Grantee Land to High Street through the
Emergency Access Area. By virtue of this Agreement,Grantor shall maintain a vehicular ingress
and egress connection between the Grantor Land and the Grantee Land to High Street by way of
the Access Road Improvements,as depicted on Exhibit"C"hereto. Except as otherwise provided
in Section 6 of this Agreement, Grantor shall not enter into any agreement or do or suffer any
other act or permit any condition which would unreasonably interfere with the reasonable access
to and use of the Emergency Access Easement set forth herein.
3.2 Pedestrian Access Easement. Subject to the terms and conditions of this
Agreement, Grantor hereby grants to the Grantee Access Parties, a nonexclusive easement for
pedestrian ingress and egress over, through, and from the Grantee Land to High Street through
the Pedestrian Access Area. By virtue of this Agreement, Grantor shall maintain a pedestrian
ingress and egress connection between the Grantor Land and the Grantee Land to High Street by
way of the Walkway Improvements, as depicted on Exhibit "C" hereto. Except as otherwise
provided in Section 6 of this Agreement, Grantor shall not enter into any agreement or do or
suffer any other act or permit any condition which would unreasonably interfere with the
reasonable access to and use of the Pedestrian Access Easement set forth herein.
4. Grant of Temporary Construction Easement. Grantor hereby grants to the Grantee
Construction Parties, a temporary construction easement (the "Construction Easement") to be
used for the movement and staging of equipment, and the movement of a work force,over,upon
and across the Grantor Land, for construction of the Access Road Improvements in the
Emergency Access Area and the Walkway Improvements in the Pedestrian Access Area,
together with the right of ingress and egress through the Grantor Land. The Construction
Easement shall automatically expire and be of no further force and effect on the date that the City
of Moorpark performs a final inspection on, or issues a certificate of occupancy for, the last
building in the Project("Occupancy Date").
5. Construction of Improvements. Grantee shall cause the Work to be performed
substantially in accordance with the Approved Plans and all other applicable plans and
specifications approved by Grantor's City Engineer and Community Development Director. Any
and all Work performed by Grantee within the Grantor Land shall be performed in a good and
workmanlike manner and in compliance with all applicable laws, rules, regulations and
ordinances. Grantee agrees that all Work shall be performed at its sole cost and expense.
6. Modification and Relocation of Easements and Improvements. Grantor shall have the
right,in its sole and absolute discretion after the Occupancy Date and at Grantor's cost,to modify
or relocate all or any portion of, and/or eliminate portions of, the Emergency Access Easement,
Pedestrian Access Easement, and Construction Easement and/or improvements within such
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easement areas, in connection with Grantor's lawful use, development or redevelopment of the
Grantor Land,including but not limited to,the extension of High Street through the Grantor Land
by Grantor or by a third party at the request of Grantor, so as to permit Grantor to construct or
cause the construction of such extension with design features required and approved by Grantor
or permit Grantor to develop or redevelop the Grantor Land, so long as such elimination,
relocation, or modification does not materially adversely impact the use or operation of the
Project. Grantor acknowledges and agrees that any such relocation or elimination of
improvements by the City pursuant to this Section shall not result in a default under the
Development Agreement entered into between the Parties, and that elimination of all or any
portion of the Emergency Access Easement shall not result in a violation of the City of Moorpark
Municipal Code.
7. Indemnification.Unless caused by the gross negligence or willful misconduct of Grantor,
Grantee hereby agrees to defend, indemnify and hold Grantor harmless from and against any and
all claims, liabilities, loss, damage, cost or expense, including,but not limited to, attorneys' fees
and court costs (collectively, "Loss"), which may be incurred or suffered by Grantor in
connection with the use of the Grantor Land by the Grantee Parties and Grantee Construction
Parties. Notwithstanding the foregoing, Grantor shall not be indemnified for any Loss to the
extent caused by the gross negligence or willful misconduct of Grantor. This provision shall
survive the expiration or termination of this Agreement.
8. Maintenance Obligations. The Access Road Improvements and Walkway Improvements
shall be included within a maintenance assessment district (the "District") to be created by the
Grantor prior to the Occupancy Date. Grantee's land shall be included within the District and be
subject to assessments under the District to contribute to the maintenance of the Access Road
Improvements and Walkway Improvements. If and when other private property owners on
Grantor's land or on other lands off-site from Grantor's land or Grantee's land utilize or benefit
from the Access Road and Pedestrian Walkway, such property owners shall be included within the
District and contribute their legally required and proportionate share of that maintenance cost
through assessments imposed by the District.
9. Mortgagee Protection.Notwithstanding anything to the contrary herein,no breach of this
Agreement shall defeat,render invalid,diminish or impair the lien of any mortgage or deed of trust
made in good faith for value now or hereafter encumbering any Parcel or any portion thereof. Any
party acquiring title to any Parcel or any portion thereof pursuant to the foreclosure or deed-in-lieu
of foreclosure of a Mortgage shall not be liable for any fines,penalties,reimbursement obligations
or other amounts owing under this Agreement which arise prior to the date such party acquires
title to any Parcel or any portion thereof.
10. Entire Agreement. This Agreement constitutes the whole agreement between the Parties
hereto and no warranties, agreements or representations have been made or shall be binding upon
either Party unless set forth within this Agreement or within a written addendum executed by all
Parties hereto. All prior oral agreements between the Parties are superseded by this Agreement.
11. Amendments. Except as otherwise set forth herein,this Agreement may not be amended,
modified,changed,or terminated except by a writing signed by all the Parties hereto. A Party may
waive one or more of its rights under this Agreement in writing signed by the Party and such
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writing need not be recorded. Otherwise, no modification or amendment of any provision of this
Agreement shall be binding unless signed by both Parties and recorded against the Parcels in the
real property records of Ventura County, California.
12. Notice. (a) All notices shall be addressed to the parties at such addresses as are
specified in in the introduction paragraph on page 1 to this Agreement, or as the parties may from
time to time direct in writing. Specifically, the Parties agree to give the Investor Limited Partner
(as defined below)and any Mortgagee of a Parcel prompt written notice of any default by the other
Party under this Agreement. Any notice under this Agreement shall be in writing and be delivered
in person or by public or private courier service (including U.S. Postal Service Express Mail and
Federal Express) or certified mail. Any notice given by certified mail shall be sent with return
receipt requested. Any notice shall be deemed to have been given on(a) the actual day of delivery
or refusal, or(b)the day of mailing by registered or certified mail.
(b) Notice to Investor Limited Partner in the event of Grantee's default.
Grantor agrees to give RBC Community Investments,LLC,a Delaware limited liability company,
Grantee's investor limited partner ("Investor Limited Partner"), written notice of any and all
defaults by Grantee under this Agreement, and an opportunity, at the Investor Limited Partner's
option,to cause the cure of such default within the cure periods set forth herein,prior to exercising
any remedies under this Agreement. Grantor agrees that the Investor Limited Partner will have
thirty(30) days after the delivery to Investor Limited Partner of notice of such default to cure, or,
as to non-monetary defaults,such longer period as is reasonably necessary for the Investor Limited
Partner to effect a cure, provided that curative action is commenced within the cure period and
diligently prosecuted. Grantor agrees to accept cure by the Investor Limited Partner as if such cure
were made by Grantee.All notices to Investor Limited Partner shall be sent in accordance with the
procedures for delivering notices set forth herein to the following address or such alternate or
additional contact names and/or addresses of which Grantor is so notified in writing by the Investor
Limited Partner:
c/o RBC Community Investments, LLC
600 Superior Avenue, Suite 2300
Cleveland, Ohio 44114
Attention: President and General Counsel
with a copy to:
Bocarsly Emden Cowan Esmail & Arndt LLP
633 West Fifth Street, 64th Floor
Los Angeles, California 90071
Attention: Kyle Arndt, Esq.
(213) 239-8048
13. Time. Time is of the essence of this Agreement.
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14. Counterparts. This Agreement may be executed in counterparts and upon every Party
having executed a counterpart,each signed copy shall have the same force and effect as an original
document and as if the Parties to the counterparts had signed the same document.
15. Binding Agreement. This Agreement shall extend to and bind the representatives,
successors and assigns of the parties hereto.
16. Severability. If any term or provision of this Agreement or the application of it to any
Party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement or the application of such term or provision to Parties or circumstances, other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
17. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall
they be in any way interpreted or construed to create, a joint venture, partnership, or any other
similar relationship between the Parties.
18. Captions and Headings. The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants,
conditions or agreements contained herein.
19. Exhibits and Recitals. The recitals above, mortgagee consents, and exhibits attached
hereto are incorporated herein and made a part hereof to the full extent as if each were set forth in
its entirety in the body hereof.
20. Interpretation.This Agreement is intended to satisfy the requirements of Internal Revenue
Code Section 42, as amended, and the treasury regulations promulgated thereunder and all
applicable affordable housing requirements, and shall be interpreted consistently therewith. If this
Agreement does not satisfy any such requirement, it shall be retroactively amended in the smallest
amount possible so as to comply with such requirements. The parties agree to make any
adjustments necessary to facilitate such compliance.
21. Estoppel Certificates. From time to time, upon written request of either party or any of
their mortgagees,successors or assigns,each party shall execute and deliver to the requesting party
an estoppel certificate confirming whether there are any defaults under this Agreement and such
other matters as such requesting party shall reasonably request.
22. Choice of Law. This Agreement and all rights and obligations of the parties hereunder
will be governed by and construed and interpreted in accordance with the laws of the State of
California.
23. Insurance. Grantee shall maintain comprehensive broad form general liability insurance
in the amount of$1,000,000 per occurrence and$2,000,000 in the aggregate,covering the Access
Area and shall cause its insurance carrier to name such requesting Party as an additional insured
on its general liability policy and shall provide evidence of such insurance to Grantor. This
provision shall survive the expiration or termination of the Agreement.
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24. No Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication
of any portion of the Grantor Land for the benefit of the general public or for any public purposes
whatsoever,it being the intention of the parties hereto that this Agreement shall be strictly limited
to the purposes herein expressed.
[Signatures appear on the following pages.]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day,month and year first above written.
GRANTEE:
MOORPARK CASEY ROAD LP,
a California limited partnership
By: Moorpark Casey Road LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
GRANTOR:
CITY OF MOORPARK,
a California municipal corporation
By:
Name:
Title:
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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, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public,personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose 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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
(SEAL)
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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, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public,personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose 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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
(SEAL)
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EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL"B"AS SHOWN ON LOT LINE OF ADJUSTMENT NO.2014-1,AS EVIDENCED BY DOCUMENT
RECORDED AUGUST 31, 2016 AS INSTRUMENT NO.20160831-00125261-0 OF OFFICIAL RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS
DOCUMENT NO. 20050503-0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF
SAID COUNTY RECORDER.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK BY DEED APRIL
30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED
LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-
03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID
PARCEL 1A.
ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE
THEREOF, WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS
RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF
OFFICIAL RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER
SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN
BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND
MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE
ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED VERTICALLY
THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER. IN DEED RECORDED IN
BOOK 1587, PAGE 274 OF OFFICIAL RECORDS.
APN: 511-0-020-275
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EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1,AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-
00125261-0 OF OFFICIAL RECORDS,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN
THE CITY OF MOORPARK,COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED JULY 21,2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING A
PORTION OF LOT"T",TRACT NO. "L",RANCHO SIMI,AS PER MAP FILED IN BOOK 5,
PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE OFFICE OF SAID COUNTY
1 RECORDER AND A PORTION OF LOT 4,TRACT NO. 3 AS PER MAP ENTITLED "MAP
OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND ADDITION TO
MOORPARK, IN THE RANCHO SIMI,VENTURA COUNTY, CALIFORNIA" IN SAID
CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 5,PAGE 37 OF
SAID MISCELLANEOUS RECORDS(MAPS).
TOGETHER WITH THAT PORTION OF PARCEL 1A OF IN THAT CERTAIN LOT LINE
ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA,RECORDED MAY 3,2005 AS DOCUMENT NO. 20050503-
0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,BEING A PORTION OF LOT "T",TRACT NO. "L",RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS(MAPS)IN THE
OFFICE OF SAID COUNTY RECORDER,LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03,DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE,DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
EXCEPT AS TO A PORTION OF SAID LAND ALL OIL,GAS OR OTHER
HYDROCARBON SUBSTANCES,BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET,MEASURED VERTICALLY
FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER,BY DEED
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RECORDED IN BOOK 1592, PAGE 487 OF OFFICIAL RECORDS.
ALSO EXCEPT 50%OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN
AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE
RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET
OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM,AS RESERVED
BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN BOOK 1587,
PAGE 274 OF OFFICIAL RECORDS.
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EXHIBIT C
LEGAL DESCRIPTIONS/DEPICTIONS OF EMERGENCY ACCESS AND
PEDESTRIAN WALKWAY AREAS
[attached]
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SHEET 1 OF 5
EXHIBIT C
EASEMENT 1 - EMERGENCY ACCESS EASEMENT
THAT PORTION OF PARCEL "B" AS SHOWN ON LOT LINE ADJUSTMENT NO. 2014-1,
RECORDED AUGUST 31, 2016 AS INST. NO. 201 6083 1-001 25261-0 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "B"; THENCE,
ALONG THE SOUTHERLY LINE OF SAID PARCEL, SOUTH 89'30'40" EAST, 402.00 FEET;
THENCE,
NORTH 00'30'58" EAST, 119.71 FEET TO THE TRUE POINT OF BEGINNING, BEING ON
THE WESTERLY LINE OF HIGH STREET, 80.00 FEET WIDE, PER DEED RECORDED ON
APRIL 30, 2009 AS INST. NO. 20090430-00069389-0 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 312.50 FEET, A RADIAL FROM WHICH
BEARS NORTH 8'52'38" WEST: THENCE,
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'18'35", AN ARC
DISTANCE OF 34.41 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 544.50 FEET; THENCE,
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'15'25", AN ARC
DISTANCE OF 173.50 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 569.50 FEET: THENCE,
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12'41'08". AN
ARC DISTANCE OF 126.09 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 62.50 FEET: THENCE.
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22'52'53", AN ARC
DISTANCE OF 24.96 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE,
WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 68'40'35", AN ARC DISTANCE OF 23.97 FEET; THENCE,
SOUTH 36°03'58" WEST, 13.15 FEET; THENCE,
NORTH 53'56'02" WEST, 20.00 FEET; THENCE,
NORTH 36'03'58" EAST, 13.15 FEET TO THE BEGINNING OF A CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 20.00 FEET. THENCE,
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 68'40'35", AN ARC DISTANCE OF 23.97 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 62.52 FEET; THENCE,
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33'09'34", AN ARC
DISTANCE OF 36.18 FEET; THENCE,
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SHEET 2 OF 5
EXHIBIT C
NORTH 00'33'31" EAST. 165.10 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 112.50 FEET; THENCE,
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44'12'13", AN ARC
DISTANCE OF 86.79 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE,
NON-TANGENT FROM SAID CURVE, EASTERLY ALONG SAID NORTHERLY LINE, NORTH
89'34'52" EAST, 43.41 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 87.50 FEET, A RADIAL FROM WHICH BEARS
SOUTH 24'38'00" EAST, THENCE,
LEAVING SAID NORTHERLY LINE, SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 64'48'28", AN ARC DISTANCE OF 98.97 FEET; THENCE,
SOUTH 00'33'31"WEST, 165.10 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 37.50 FEET; THENCE,
SOUTHERLY, SOUTHEASTERLY & EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 98'41'51", AN ARC DISTANCE OF 64.60 FEET TO THE BEGINNING
OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 544.50 FEET;
THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12"41'08", AN ARC
DISTANCE OF 120.56 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 569.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'15'25". AN ARC
DISTANCE OF 181.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 287.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°08'06", AN ARC
DISTANCE OF 35.80 FEET TO THE SOUTHERLY LINE OF SAID PARCEL AND WESTERLY
LINE OF SAID HIGH STREET; THENCE,
NON-TANGENT FROM SAID CURVE, SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH
00'30'58" WEST, 25.37 FEET TO THE TRUE POINT OF BEGINNING_
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SHEET 3 OF 5
EXHIBIT C
EASEMENT 2- PEDESTRIAN WALKWAY EASEMENT
THAT PORTION OF PARCEL "B" AS SHOWN ON LOT LINE ADJUSTMENT NO. 2014-1.
RECORDED AUGUST 31, 2016 AS INST. NO. 20160831-00125261-0 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY. STATE
OF CALIFORNIA, BEING A STRIP OF LAND, FIVE (5) FEET WIDE. THE CENTERLINE OF
SAID STRIP BEING PARALLEL WITH AND 14.95 FEET WESTERLY OF THE EASTERLY
LINE OF SAID PARCEL "B".
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE
TO THE NORTHERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL "B".
THIS REAL PROPERTY DESCRIPTION WAS PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROVISIONS OF THE PROFESSIONAL LAND
SURVEYOR'S ACT OF THE STATE OF CALIFORNIA.
7//4.
LARRY L. MAR, PLS 7652 DATE
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EXHIBIT C
•
PARCEL"A"LLA-2014-1
INST. NO.20 1 60831-001 25261-0.O.R.
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PREPARED BY. DRAWN BY
LINE TABLE Southland 87 N.Raymond Ave..51.300
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LINE if BEAR/NG D/STANCE C'iYit L1 ;n YY Office 82-48E-2555
Fe.82B-4B1}2558 DESIGNED BY
L5 5897629 YY 14.95" //(4?45 Proj.No.8570.22010
Mar. 7852 Dale Sheet 4 OF 5
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Ordinance No. 520
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EXHIBIT C
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INST. NO.20160831-00125261-0, O.R.
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5893004E 402.00'
CURVE TABLE LINE TABLE
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CVRVE/ DELTA RADIUS LENGTH TANGENT um BEAR/NC DISTANCE �5�c'%sit L `SL%`
CI 678:35" 31250' 34.41' 77.22' L1 S36'03'58"W 13.15' V � -
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C2 22.5253" 62.50' 24.96' 1265' L2 N53'5602,1 20.00' —'
* EXP. 12-31-24
C3 68'40 35" 20.00' 23.97' 13.66' L3 N36'03582- 1315"
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C4 68'4035" 20.00' 23..97' 13.66' L4 503058V 25.37' "9j£OF C °•�A��F
C5 33'09;34" 62.52' 36.18' 18.61' L5 N8.976291Y 14.95'
C6 44'1713" 112.50' 86.79' 45.59'
PREPARED BY' DRAWN BY
C7 64.4828_ 87.50' 98.97' 55.54' 87 N.Raymond Ave_Ste 300 c aECKEO BY
o u t h l a n d Pa6addna G -2555
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LR Sv .1_lr' Ea_6264862556 DESIGNED BY
C9 12'41'08 544.50' 12056' 60.53'
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L 7652 D O Sheet 5 OF 5
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EXHIBIT "C"
TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
DRAINAGE AND CONSTRUCTION EASEMENT AGREEMENT
(Exhibit M to DA)
This instrument prepared by and when recorded return to:
Moorpark Casey Road LP
5251 Ericson Way
Arcata, CA 95521
DRAINAGE AND CONSTRUCTION EASEMENT AGREEMENT
This Drainage and Construction Easement Agreement (this "Agreement") is dated as of
, 2024, by and between MOORPARK CASEY ROAD LP, a California limited
partnership, whose address is 5251 Ericson Way, Arcata, CA 95521 ("Grantee"), and the CITY
OF MOORPARK, a California municipal corporation, whose address is 799 Moorpark Avenue
Moorpark, California 93021 ("Grantor"). Grantor and Grantee are sometimes individually
referred to herein as a"Party"or collectively as the"Parties."
RECITALS
A. Grantor owns certain real property in the City of Moorpark,Ventura County, State
of California, located at the corner of High Street and Walnut Canyon Road and more particularly
described on Exhibit"A"attached hereto ("Grantor Land").
B. Grantee owns certain real property in the City of Moorpark,Ventura County, State
of California, located at 150 Casey Road and more particularly described on Exhibit"B"attached
hereto ("Grantee Land").
C. Grantee intends to develop a 200-unit affordable apartment community commonly
known as Vendra Gardens(the"Project") on the Grantee Land.
D. The Grantor Land is currently vacant.
E. The Grantor Land and the Grantee Land are sometimes referred to individually
herein as a"Parcel" and collectively as the"Parcels."
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F. As a condition of Project approval by the City of Moorpark Planning Department
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
Moorpark, Grantee is required to utilize a detention basin on the Grantor Land for the flow of
storm water that originates both upslope of the Grantee Land and from the Grantee Land that flows
through the Grantor Land to a detention basin ("Detention Basin") within the portion of the
Grantor Land legally described and depicted on Exhibit"C"attached hereto(the"Detention Basin
Easement Area").
G. Grantee is also required,as a condition of Project approval by the City of Moorpark
Planning Department and as a pre-requisite of the Project receiving its final inspection or certificate
of occupancy from the City of Moorpark, to construct the Detention Basin and a related access
road as depicted on Exhibit"C"attached hereto(collectively,"Detention Basin Improvements")
at its cost and as depicted on the approved plans for the Project identified as "Precise Grading
Plans" as approved by the City of Moorpark on March 9, 2023 ("Approved Plans").
H. Grantee is also required,as a condition of Project approval by the City of Moorpark
Planning Department and as a pre-requisite of the Project receiving its final inspection or certificate
of occupancy from the City of Moorpark,to construct a sediment basin on the Grantor Land as an
erosion control measure ("Sediment Basin") as depicted on Exhibit"C" attached hereto, as well
as landscaping improvements(collectively,"Sediment Basin Improvements")as depicted on the
Approved Plans.
I. As a condition of Project approval by the City of Moorpark Planning Department
and as a pre-requisite of the Project receiving its final inspection or certificate of occupancy from
the City of Moorpark,Grantee is also required to construct a retaining wall on the Grantor Property
(the "Retaining Wall") within the portion of the Grantor Land legally described and depicted on
Exhibit"C" (the"Retaining Wall Area").
J. The Grantor Land has been used to stockpile soil in accordance with that certain
Easement Agreement between Grantor and Essex Moorpark Owner, L.P., dated April 17, 2017,
and recorded on April 17, 2017 as Instrument No. 20170417-0050722 in the Official Records of
Ventura County (the "Stockpiling Easement") which soil the Grantee shall remove and use in
connection with the development of the Project. As a condition of Project approval by the City of
Moorpark Planning Department and as a pre-requisite of the Project receiving its certificate of
occupancy from the City of Moorpark, Grantee is required to restore the Grantor Land upon the
removal of the stockpiled soil to the graded condition that is set forth in the Approved Plans.
K. Grantor desires to grant a temporary construction easement in favor of the Grantee
and its agents, contractors, and subcontractors ("Grantee Construction Parties") to allow the
Grantee Construction Parties access to the Grantor Land to construct the Detention Basin
Improvements, Sediment Basin Improvements, and Retaining Wall and for the removal of the
stockpiled soil and grading and restoration of the Grantor Land substantially in accordance with
the Approved Plans (collectively, the"Work").
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NOW, THEREFORE, in consideration of the foregoing and mutual representations,
warranties,covenants,and agreements herein contained, and such other consideration,the receipt
of which is hereby acknowledged by the Parties,the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement.
2. Term and Commencement Date. The commencement date of this Agreement shall be
the date that the Grantee acquires fee title to the Grantee Land ("Closing Date") or such later
date set forth herein. Except for the Construction Easement set forth herein,the covenants under
this Agreement are to run with the land in perpetuity and will be binding on all parties and all
persons claiming under them.
3. Grant of Drainage Easement. Subject to the terms and conditions of this Agreement,
Grantor hereby grants to the Grantee, a perpetual non-exclusive easement for the use of the
Detention Basin for the purposes of draining storm water that flows from land upslope of the
Grantee Land and also from the Grantee Land through the Grantor Land to the Detention Basin.
Except as otherwise provided in Section 6 of this Agreement, Grantor shall not enter into any
agreement or do or suffer any other act or permit any condition which would unreasonably
interfere with the reasonable access to and use of the easements set forth herein.
4. Grant of Temporary Construction Easements. Grantor hereby grants to the Grantee
Construction Parties, a temporary construction easement (the "Construction Easement") to be
used for the movement and staging of equipment, and the movement of a work force, over,upon
and across the Grantor Land, to perform the Work on the Grantor Land together with the right of
ingress and egress through the Grantor Land. The Construction Easement shall automatically
expire and be of no further force and effect on the date that the City of Moorpark performs a final
inspection on,or issues a certificate of occupancy for,the last building in the Project("Occupancy
Date").
5. Construction of Improvements. Grantee shall cause the Work to be performed
substantially in accordance with the Approved Plans and all other applicable plans and
specifications approved by Grantor's City Engineer and Community Development Director. Any
and all Work performed by Grantee within the Grantor Land shall be performed in a good and
workmanlike manner and in compliance with all applicable laws,rules,regulations and ordinances.
Grantee agrees that all Work shall be performed at its sole cost and expense.
6. Modification and Relocation of Easements and Improvements. Grantor shall have the
right, in its sole and absolute discretion and at Grantor's cost after the Occupancy Date,to modify
or relocate all or any portion of, and/or eliminate portions of,the Detention Basin Easement Area,
the Sediment Basin Improvements, the Retaining Wall Easement Area, and/or improvements
within such easement areas, in connection with Grantor's lawful use, development or
redevelopment of the Grantor Land, including but not limited to, the extension of High Street
through the Grantor Land by Grantor or by a third party at the request of Grantor, so as to permit
Grantor to construct or cause the construction of such extension with design features required and
approved by Grantor or permit Grantor to develop or redevelop the Grantor Land, so long as such
modification,relocation, or elimination does not materially adversely impact the use or operation
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of the Project. Grantor hereby acknowledges and agrees that any such relocation or elimination of
improvements by the City pursuant to this Section shall not result in a default under the
Development Agreement entered into between the Parties,and shall not result in a violation of the
City of Moorpark Municipal Code.
7. Indemnification. Unless caused by the gross negligence or willful misconduct of
Grantor,Grantee hereby agrees to defend,indemnify and hold Grantor harmless from and against
any and all claims, liabilities, loss, damage, cost or expense, including, but not limited to,
attorneys' fees and court costs (collectively, "Loss"), which may be incurred or suffered by
Grantor in connection with the use of the Grantor Land by the Grantee Parties and Grantee
Construction Parties. Notwithstanding the foregoing, Grantor shall not be indemnified for any
Loss to the extent caused by the gross negligence or willful misconduct of Grantor.This provision
shall survive the expiration or termination of this Agreement.
8. Maintenance Obligations. The Detention Basin Improvements, and Retaining Wall shall
be included within a maintenance assessment district(the"District")to be created by the Grantor
prior to the Occupancy Date. Grantee's land shall be included within the District and subject to
assessments under the District to contribute to the maintenance of the Detention Basin
Improvements and Retaining Wall. If and when other private property owners on Grantor's land
or on other lands offsite from Grantor's land or Grantee's land that utilize or benefit from the
Detention Basin Improvements and Retaining Wall,such property owners shall be included within
the District and contribute their legally required and proportionate share of that maintenance cost
through assessments imposed by the District.
9. Mortgagee Protection. Notwithstanding anything to the contrary herein,no breach of this
Agreement shall defeat,render invalid,diminish or impair the lien of any mortgage or deed of trust
made in good faith for value now or hereafter encumbering any Parcel or any portion thereof. Any
party acquiring title to any Parcel or any portion thereof pursuant to the foreclosure or deed-in-lieu
of foreclosure of a Mortgage shall not be liable for any fines,penalties,reimbursement obligations
or other amounts owing under this Agreement which arise prior to the date such party acquires
title to any Parcel or any portion thereof.
10. Entire Agreement. This Agreement constitutes the whole agreement between the Parties
hereto and no warranties, agreements or representations have been made or shall be binding upon
either Party unless set forth within this Agreement or within a written addendum executed by all
Parties hereto. All prior oral agreements between the Parties are superseded by this Agreement.
11. Amendments. Except as otherwise set forth herein,this Agreement may not be amended,
modified, changed,or terminated except by a writing signed by all the Parties hereto. A Party may
waive one or more of its rights under this Agreement in writing signed by the Party and such
writing need not be recorded. Otherwise, no modification or amendment of any provision of this
Agreement shall be binding unless signed by both Parties and recorded against the Parcels in the
real property records of Ventura County, California.
12. Notice. (a) All notices shall be addressed to the parties at such the addresses as are
specified in the introductory paragraph on page 1 to this Agreement, or as the parties may from
time to time direct in writing. Specifically, the Parties agree to give the Investor Limited Partner
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(as defined below)and any Mortgagee of a Parcel prompt written notice of any default by the other
Party under this Agreement. Any notice under this Agreement shall be in writing and be delivered
in person or by public or private courier service (including U.S. Postal Service Express Mail and
Federal Express) or certified mail. Any notice given by certified mail shall be sent with return
receipt requested.Any notice shall be deemed to have been given on(a)the actual day of delivery
or refusal, or(b)the day of mailing by registered or certified mail.
(b) Notice to Investor Limited Partner in the event of Grantee's default.
Grantor agrees to give RBC Community Investments,LLC, a Delaware limited liability company,
Grantee's investor limited partner ("Investor Limited Partner"), written notice of any and all
defaults by Grantee under this Agreement, and an opportunity, at the Investor Limited Partner's
option,to cause the cure of such default within the cure periods set forth herein,prior to exercising
any remedies under this Agreement. Grantor agrees that the Investor Limited Partner will have
thirty(30) days after the delivery to the Investor Limited Partner of notice of such default to cure,
or, as to non-monetary defaults, such longer period as is reasonably necessary for the Investor
Limited Partner to effect a cure,provided that curative action is commenced within the cure period
and diligently prosecuted. Grantor agrees to accept cure by the Investor Limited Partner as if such
cure were made by Grantee. All notices to Investor Limited Partner shall be sent in accordance
with the procedures for delivering notices set forth herein to the following address or such alternate
or additional contact names and/or addresses of which Grantor is so notified in writing by the
Investor Limited Partner:
c/o RBC Community Investments, LLC
600 Superior Avenue, Suite 2300
Cleveland, Ohio 44114
Attention: President and General Counsel
with a copy to:
Bocarsly Emden Cowan Esmail& Arndt LLP
633 West Fifth Street, 64th Floor
Los Angeles, California 90071
Attention: Kyle Arndt, Esq.
(213)239-8048
13. Time. Time is of the essence of this Agreement.
14. Counterparts. This Agreement may be executed in counterparts and upon every Party
having executed a counterpart,each signed copy shall have the same force and effect as an original
document and as if the Parties to the counterparts had signed the same document.
15. Binding Agreement. This Agreement shall extend to and bind the representatives,
successors and assigns of the parties hereto.
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16. Severability. If any term or provision of this Agreement or the application of it to any
Party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement or the application of such term or provision to Parties or circumstances, other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
17. Not a Partnership. The provisions of this Agreement are not intended to create,nor shall
they be in any way interpreted or construed to create, a joint venture, partnership, or any other
similar relationship between the Parties.
18. Captions and Headings. The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants,
conditions or agreements contained herein.
19. Exhibits and Recitals. The recitals above, mortgagee consents, and exhibits attached
hereto are incorporated herein and made a part hereof to the full extent as if each were set forth in
its entirety in the body hereof.
20. Interpretation.This Agreement is intended to satisfy the requirements of Internal Revenue
Code Section 42, as amended, and the treasury regulations promulgated thereunder and all
applicable affordable housing requirements, and shall be interpreted consistently therewith. If this
Agreement does not satisfy any such requirement, it shall be retroactively amended in the smallest
amount possible so as to comply with such requirements. The parties agree to make any
adjustments necessary to facilitate such compliance.
21. Estoppel Certificates. From time to time, upon written request of either party or any of
their mortgagees,successors or assigns,each party shall execute and deliver to the requesting party
an estoppel certificate confirming whether there are any defaults under this Agreement and such
other matters as such requesting party shall reasonably request.
22. Choice of Law. This Agreement and all rights and obligations of the parties hereunder
will be governed by and construed and interpreted in accordance with the laws of the State of
California.
23. Insurance. Grantee shall maintain comprehensive broad form general liability insurance
in the amount of$1,000,000 per occurrence and$2,000,000 in the aggregate,covering the Access
Area and shall cause its insurance carrier to name such requesting Party as an additional insured
on its general liability policy and shall provide evidence of such insurance to Grantor. This
provision shall survive the expiration or termination of the Agreement.
24. No Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication
of any portion of the Grantor Land for the benefit of the general public or for any public purposes
whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited
to the purposes herein expressed.
[Signatures appear on the following pages.]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day, month and year first above written.
GRANTEE:
MOORPARK CASEY ROAD LP,
a California limited partnership
By: Moorpark Casey Road LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
GRANTOR:
CITY OF MOORPARK,
a California municipal corporation
By:
Name:
Title:
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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, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public,personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose 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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
(SEAL)
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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, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public,personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose 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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
(SEAL)
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EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL"B"AS SHOWN ON LOT LINE OF ADJUSTMENT NO.2014-1,AS EVIDENCED BY DOCUMENT
RECORDED AUGUST 31,2016 AS INSTRUMENT NO. 20160831-00125261-0 OF OFFICIAL RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS
DOCUMENT NO. 20050503-0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF
SAID COUNTY RECORDER.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK BY DEED APRIL
30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED
LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-
03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID
PARCEL 1A.
ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE
THEREOF, WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS
RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF
OFFICIAL RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER
SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN
BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND
MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE
ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED VERTICALLY
THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN
BOOK 1587, PAGE 274 OF OFFICIAL RECORDS.
APN: 511-0-020-275
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EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE LAND
Real property in the City of Moorpark, County of Ventura, State of California, described as
follows:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1,AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 31,2016 AS INSTRUMENT NO. 20160831-
00125261-0 OF OFFICIAL RECORDS,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN
THE CITY OF MOORPARK,COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED JULY 21,2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING A
PORTION OF LOT "T",TRACT NO. "L",RANCHO SIMI,AS PER MAP FILED IN BOOK 5,
PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE OFFICE OF SAID COUNTY
RECORDER AND A PORTION OF LOT 4,TRACT NO. 3 AS PER MAP ENTITLED "MAP
OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND ADDITION TO
MOORPARK,IN THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA" IN SAID
CITY,COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 5,PAGE 37 OF
SAID MISCELLANEOUS RECORDS(MAPS).
TOGETHER WITH THAT PORTION OF PARCEL IA OF IN THAT CERTAIN LOT LINE
ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK,COUNTY OF VENTURA,
STATE OF CALIFORNIA,RECORDED MAY 3,2005 AS DOCUMENT NO. 20050503-
0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,BEING A PORTION OF LOT "T", TRACT NO. "L",RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS(MAPS)IN THE
OFFICE OF SAID COUNTY RECORDER,LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03,DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE,DEPARTING SAID EAST LINE SOUTH 89°38'32"WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
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Page 46
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
EXCEPT AS TO A PORTION OF SAID LAND ALL OIL,GAS OR OTHER
HYDROCARBON SUBSTANCES,BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET,MEASURED VERTICALLY
FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER,BY DEED
RECORDED IN BOOK 1592,PAGE 487 OF OFFICIAL RECORDS.
ALSO EXCEPT 50%OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN
AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653,PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25%IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND,WITHOUT HOWEVER,THE
RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET
OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM,AS RESERVED
BY RILEY SPENCE AND DORA E. SPENCER,IN DEED RECORDED IN BOOK 1587,
PAGE 274 OF OFFICIAL RECORDS.
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EXHIBIT C
DESCRIPTION AND DEPICTION OF DETENTION BASIN
AND RETAINING WALL AREAS
[attached]
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SHEET 1 OF 5
EXHIBIT C
EASEMENT 1 — DETENTION BASIN
THAT PORTION OF PARCEL "B'' AS SHOWN ON LOT LINE ADJUSTMENT NO. 2014-1,
RECORDED AUGUST 31, 2016 AS INST. NO. 20160831-00125261-0 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY. STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 'B"; THENCE,
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL. NORTH 89°34'52" EAST,
80.94 FEET TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 87.50 FEET, A
RADIAL FROM WHICH BEARS SOUTH 24°38'00" EAST, THENCE,
LEAVING SAID NORTHERLY LINE, SOUTHWESTERLY AND SOUTHERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 64°48'28", AN ARC DISTANCE OF 98.97 FEET:
THENCE,
SOUTH 00°33'31" WEST, 165.10 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 37.50 FEET; THENCE,
SOUTHERLY, SOUTHEASTERLY & EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 98°41'51", AN ARC DISTANCE OF 64.60 FEET TO THE BEGINNING
OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 544.50 FEET;
THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°41'08", AN ARC
DISTANCE OF 120.56 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 569.50 FEET: THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°15'25", AN ARC
DISTANCE OF 181.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 287.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4°14'44", AN ARC
DISTANCE OF 21.30 FEET; THENCE,
LEAVING NON-TANGENT FROM SAID CURVE, NORTH 00°37'05" EAST, 237 59 FEET;
THENCE,
SOUTH 86°11'42" WEST. 61.15 FEET; THENCE,
NORTH 03°48'18" WEST, 2.50 FEET TO A POINT REFERRED TO HEREINBELOW AS
POINT "A"; THENCE,
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SHEET 2 OF 5
EXHIBIT C
SOUTH 86'11'42" WEST, 3.69 FEET TO THE BEGINNING OF A CURVE. CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET: THENCE,
WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 76°59'11", AN ARC DISTANCE OF 20.15 FEET TO THE BEGINNING
OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 29.00
FEET; THENCE,
SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 78°27'55", AN ARC DISTANCE OF 39.71 FEET; THENCE,
SOUTH 87"40'26" WEST, 132.37 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 28.00 FEET: THENCE,
WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 74°56'23", AN ARC DISTANCE OF 36.62 FEET TO A POINT ALONG
THE NORTHERLY LINE OF SAID PARCEL "B"; THENCE,
WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 89'34'52" WEST, 41.15 FEET TO THE
TRUE POINT OF BEGINNING.
EASEMENT 2—5' RETAINING WALL STRIP
THAT PORTION OF PARCEL "B" AS SHOWN ON LOT LINE ADJUSTMENT NO. 2014-1,
RECORDED AUGUST 31, 2016 AS INST. NO. 20160831-00125261-0 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY, STATE
OF CALIFORNIA, BEING A STRIP OF LAND, FIVE (5) FEET WIDE, THE CENTERLINE OF
SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS POINT "A"; THENCE.
NORTH 86°11'42" EAST, 113.81 FEET: THENCE,
SOUTH 89°12'55" EAST, 177.98 FEET; THENCE.
SOUTH 89°56'42" EAST, 199.96 FEET; THENCE,
NORTH 89°28'04" EAST, 117.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 16.33 FEET; THENCE,
EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 53°30'26", AN ARC DISTANCE OF 15.25 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.67 FEET; THENCE,
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SHEET 3 OF 5
EXHIBIT C
SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE
OF 51°37'37", AN ARC DISTANCE OF 14.12 FEET; THENCE,
SOUTH 88'39'07" EAST, 56.70 FEET; THENCE,
SOUTH 01'20'53" WEST, 2.68 FEET TO THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE TERMINATE PERPENDICULAR TO SAID
CENTERLINE.
THIS REAL PROPERTY DESCRIPTION WAS PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROVISIONS OF THE PROFESSIONAL LAND
SURVEYOR'S ACT OF THE STATE OF CALIFORNIA.
\_AND S!i
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4/g/2i.5 L 7652
L. MAR, PLS 7652 DATE
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EXHIBIT C SHEET 4 OF 5
PARCEL"A"LLA-2014-1
INST.NO.20160831-00125261-0,O.R. I
E
SEE EASEMENT 2 BELOW
I I PARCEL"B"LLA-2014-1 I
INST.NO.20160831-00125261-0,O.R.
II I _ _ _ _ —
N I I I HIGH ST
SEE EASEMENT 1 ON SHEET 2
SCALE: 1"=160'
POINT"A"P.O.B.
PARCEL"A"LLA-2014-1 EASEMENT 2
INST. NO.20160831-00125261-0,O.R.).
— (EASEMENT 2) — I
S89'12 55 E 177.98' 589 56 42 E 199.96:I O
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PARCEL"B"LLA-2014-1
I cr)uj
' N86'1142r 113.81' INST. NO.20160831-00125261-0,O.R.
r
I
\- PARCEL"A"LLA-2014-1 EASEMENT 2 I
INST. NO.20160831-00125261-0,O.R.
LU
I S88'39 07E 56.7007 11..
S8956 42E 199.96' N8928 04 E 11765' - -¢I _.,- — — S12053Y II
"-' 44'-----2.68'
LU
`3 I PARCEL"B"LLA-2014-1 C8 I
INST. NO.20160831-00125261-0,O.R. I
SCALE: 1"=60'
PREPARED BY
o u t h l a n d 87 N A Raymond ...Ste 300
Panne A.CA 91103
Civil n�in�.•rin; Office:628-0BB-2555
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Ordinance No. 520
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EXHIBIT C SHEET 5 OF 5
1 \
PARCEL"A"LLA-2014-1 POINT"A"
I INST.NO.20160831-00125261-0,O.R. P.O.B. SEE DETAIL
(EASEMENT 2)
BELOW
T.P.O.B.
EASEMENT 1) C4 — —
M89 N 521' SiR9'34 52'M 61.15'
.-• 80.04' .41.AV- _ _ 13 i 586'11'l2'1f
1(1 C'Q. S8740261$' 2.37'
rm� G�
2 $ CURVE TABLE
A. WYIf/ MIA RADIUS LEW& TAhOUT h
0) C/ 64'4828' 87..50' 9597' 5554' NZ
C2 98'41"51' 37..50' 6460' 4167' fu
Cl 474 44' 287..50' 21.30' 10.66'
nn.
o C4 7659'11* 1500' 26:15' 11.93'
g. Cl 7827a5' 2100' 39.71' 2368'
.; CS 74.5623' 2800' 3862' 21.46'
L7 C7 5.T 026' /8.33' 15.25' 813'
�'� C8 5/37'J7' 1567' 14.12' 758'
�� 1
5 =j81.47' t=91.51' I
p. L R_569.50'
l. es18'15 z5 ' C3 f--
60,53'
L-120.5. 1R=544.5�
=12'41,08'' PARCEL"B"LLA-2014-1
INST.NO.20180831-00125261-0,O.R.
•
`p,NDSU
9�' N
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POINT"A" -' L7652
P.O.B.
(EASEMENT 2) e
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SCALE:1"=60' r
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Ordinance No. 520
Page 53
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
CERTIFICATION
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 520 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 17th day of January,
2024 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
WITNESS my hand and the official seal of said City this 18th day of January, 2024.
K Y S N a ler
City Clerk
(seal)
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