HomeMy WebLinkAboutAGENDA REPORT 1987 1028 CC ADJ ITEM 08A ITEM ?, 4.
MOORPARK
CLINT HARPER, Ph.D. STEVEN KUENY
Mayor City Manager
ELOISE BROWN OPow( C94o CHERYL J. KANE
Mayor Pro Tern F City Attorney
THOMAS C. FERGUSON � �' PATRICK RICHARDS,A.I.C.P.
Councilmember � *i Director of
JOHN GALLOWAY o`�. Community Development
Councilmember °v� . R. DENNIS DELZEIT
JOHN PATRICK LANE 9"*k0 ���" City Engineer
Councilmember JOHN V.GILLESPIE
MAUREEN W.WALL Chief of Police
City Clerk THOMAS P.GENOVESE
City Treasurer
MEMORANDUM
TO : The Honorable City Council
FROM : Maureen W. Wall , City Clerklki
DATE : October 23, 1987
S U B J ECT : Agreement for the sale of 5.4 acres and payment of Quimby
Fees (Varsity Park Estates)
Unfortunately the agreement was not received from the attorneys involved at the
time the packet was reproduced. It is expected to be received on Monday.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
RECORDING REQUESTED BY:
AND WHEN RECORDED RETURN TO:
SETTLEMENT AGREEMENT AND
AGREEMENT TO BUY AND SELL REAL PROPERTY
THIS SETTLEMENT AGREEMENT AND AGREEMENT TO BUY AND
SELL REAL PROPERTY ("Agreement") , dated October 28 , 1987 , is
entered into by and between the CITY OF MOORPARK, California,
a Municipal corporation ("City") , and VARSITY PARK ESTATES, a
California general partnership ( "Developer") , subject to the
following terms and conditions.
RECITALS:
1. There are currently two disputes between the par-
ties hereto relative to park land dedication in lieu fees and
the purchase by Developer of approximately 5. 44 acres of land
owned by the City, both relating to Tentative Tract Map No.
3049 in the City (hereinafter referred to as "Tract No. 3049" )
and Residential Planned Development Permit No. 1057 (herein-
after referred to as "RPD Permit No. 1057") as depicted on
Exhibit "A" attached hereto.
2 . Both parties believe it is in their best interests
to promptly resolve the disputes.
NOW, THEREFORE, in consideration of the mutual prom-
ises and covenants herein contained, the parties hereto agree
as follows:
1.
1-27-10-87*
1. Without admitting the validity of the positions
asserted by the other party hereto, each party believes it is
in its best interest to amicably resolve the current disputes
referred to in the first recital and foreclose litigation rel-
ative thereto. This Agreement is a compromise of those dis-
putes and may not be used as an admission against either
party. Each party intends by this Agreement only to avoid
litigation and buy peace. There is no acknowledgment or rep-
resentation made hereby, nor shall this Agreement be admis-
sible evidence for the purpose of, establishing or relating to
the validity of either of the disputes referred to herein-
above.
2 . Developer shall do the following:
a. Park Land Dedication In Lieu Fee. Subject to
each of the provisions of this Agreement, Developer shall pay
to the City a park land dedication in lieu fee ("Fee") of
$104 , 400. 00 , which fee is derived from the application of the
provisions of the City ordinance, excluding any credit for on-
site recreation, and using an agreed fair market value of
$58, 000. 00 per acre of land.
The Fee shall be payable upon the City' s is-
suance of the first building permit for a residential struc-
ture in Tract No. 3049 or any lot thereof, upon the sale of
property described as Tract No. 3049 or any lot thereof, or
within one (1) year following recordation of a Final Map on
Tract No. 3049, whichever first in time occurs. If Developer
does not record a Final Map on said tract within one (1) year
after the date of this Agreement, and no prior sale has oc-
curred, then Developer shall pay eight percent (8%) simple
interest on an annualized basis on the amount of the Fee
beginning on the first day of the following year to and until
the date of payment. The interest shall be due and owing upon
and at the same time as the payment of the Fee.
2 .
b. Land Purchase. Subject to each of the provi-
sions of this Agreement, Developer shall purchase from City
that certain land owned by the City within the map area desig-
nated as Tract No. 3049 consisting of approximately 5 . 44 acres
("Subject Property") at the agreed fair market value of
$27 , 794 . 12 per acre for a total purchase price of $151, 200 . 00
("Purchase Price") .
Developer shall purchase the Subject Pro-
perty, if at all, prior to recordation of the Final Map for
Tract No. 3049 . Developer shall not be required to purchase
the Subject Property if, for any reason, a Tentative Tract Map
for Tract No. 3049 expires without the filing of a Final Map.
c. Waiver of Claims. Developer waives any and
all claims it may have against City as to the computation and
timing of payment of the Fee.
3 . The City shall do the following:
a. Accept the Fee specified in Paragraph 2 ,
above, as full and complete payment of such park dedication in
lieu fees when tendered by Developer.
b. Upon the demand of Developer, and concurrent
with the tender of the Purchase Price, the City shall deliver
to Developer a proper grant deed transferring fee ownership of
the Subject Property to the full extent of its title and own-
ership to Developer or its successor free and clear of any
liens, encumbrances or clouds of record, except as hereafter
set forth in subparagraph c of this Paragraph 3 . Developer' s
failure to approve or disapprove any such imperfections in
title before purchasing the Subject Property constitutes a
waiver of such imperfections in record title.
c. The City shall furnish to Developer at Devel-
oper' s expense standard coverage policy of title insurance in
the sum equal to the amount to be paid by Developer for the
Subject Property and issued by Continental Land Title Company,
or another land title insurance company acceptable to the De-
veloper, showing title to the property vested in Developer or
3 .
Developer' s nominee free and clear of liens and encumbrances
except the following:
i. City and County general and special taxes
and assessments ("Taxes") not yet delinquent.
ii. Covenants, conditions, restrictions, re-
servations, rights, rights of way and easements of record, if
any, affecting the Subject Property.
iii. Liens, encumbrances or other clouds on
title of record previously approved by Developer.
4 . This Agreement shall not be construed as modifi-
cation to any of the existing permits, conditions, entitle-
ments, laws or regulations relative to Tract No. 3049 or the
RPD Permit No. 1057 relating to said tract and constitutes the
sole and only agreement between the parties and supersedes all
prior oral or written communications regarding the same. This
Agreement was prepared by the parties hereto jointly and
equally and shall not be interpreted against either party on
the ground that the party prepared the Agreement or caused it
be prepared. This Agreement shall be deemed to satisfy the
park land dedication in lieu fee condition of Tract No. 3049
and RPD Permit No. 1057, provided that Developer is not in
breach hereof.
Developer holds City harmless from any and all
damages, known or unknown, beyond the Purchase Price of the
Subject Property should the sale be voided, set aside, undone
or prevented as a result of litigation. Both the City and the
Developer have entered into this agreement in good faith and
shall take no action to impede with or interfere with the im-
plementation of each provision hereof.
5. Should any litigation be commenced between the
parties hereto concerning the enforcement or obligations of
this Agreement, the party prevailing in such litigation shall
be entitled, in addition to other relief as may be granted, to
a reasonable sum for attorneys ' fees as shall be determined by
4 .
the court, in addition to any other costs and expenses to
which the party would be ordinarily entitled.
6 . Should either party claim or contend that the
other is not in full compliance with or is in breach of any
term or condition of this Agreement, the noticing party shall
provide at least fifteen (15) days prior written notice to the
other party before declaring a breach of this Agreement and
declaring this Agreement terminated or seeking enforcement
hereof. The party receiving such notice shall, within the
fifteen (15) day period, cure said default or provide a plan
and timetable for curing the failure of compliance or default.
The noticing party shall not unreasonably refuse to approve
such plan.
7 . Any and all notices or other communications re-
quired or permitted by this Agreement or by laws, to be served
on or given to either party hereto, shall be in writing and
shall be duly served when deposited in the United States pos-
tal service mail, first class, postage prepaid, properly ad-
dressed as follows:
To City: City of Moorpark
Attention: City Manager
799 Moorpark Avenue
Moorpark, California 93021
To Developer: Varsity Park Estates
c/o A.R. Development Company
9595 Wilshire Blvd. , Suite 609
Beverly Hills, California 90210-2506
Either party may change its address for the purpose of
this paragraph by giving written notice of such change of ad-
dress to the other party in the manner provided herein.
8 . This Agreement shall be binding on and shall inure
to the benefit of the successors and assigns of the parties
hereto.
5.
9 . The waiver of any breach of this Agreement by ei-
ther party shall not constitute a continuing waiver or a wai-
ver of any subsequent breach either of the same or of another
provision of this Agreement.
10. This Agreement runs with the land designated as
Tract No. 3049 and shall expire by its terms upon the comple-
tion of the acts required hereinabove or the expiration of
Tract No. 3049 , whichever first occurs. Should Tract No. 3049
expire before the execution of each of the terms of this
Agreement, this Agreement shall become null and void and shall
be of no further force or effect.
11. This Agreement shall not constitute a waiver or
release of any obligations, liabilities or rights of the par-
ties nor of any other provisions of law relating to the devel-
opment of Tract No. 3049. No promise or inducement has been
made other than set out in this Agreement.
12 . The undersigned have read and considered this
Agreement and fully understand all of its terms and conditions
as well as the significance thereof and are fully satisfied
with the settlement.
ATTEST: CITY OF MOORPARK
CITY CLERK, City of Moorpark CLINT HARPER, Mayor
VARSITY PARK ESTATES, a Cali-
fornia general partnership
By:
AL DICK Managing General
Partner
6.
STATE OF CALIFORNIA )
SS .
COUNTY OF
On this _ day of , 1987, before me the un-
dersigned, a Notary Public in and for said County and State,
personally appeared AL DICK, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
MANAGING GENERAL PARTNER of VARSITY PARK ESTATES, a California
general partnership, the partnership that executed the within
instrument, and acknowledged to me that such partnership
executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
SS .
COUNTY OF
On this _ day of , 1987, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared CLINT HARPER, personally known to me (or
proved to me on the basis of satisfactory evidence to be the
MAYOR OF THE CITY OF MOORPARK, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that such
corporation executed the same, pursuant to its laws, or a re-
solution.
WITNESS my hand and official seal.
NOTARY PUBLIC
7 .
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