HomeMy WebLinkAboutAG RPTS 2006 0802 RDA REGJ ESTABLISHED
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�L /OitP0'Z'91/ Resolution No. 2006 -164
Orr OF F
MOO RPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, AUGUST 2, 2006
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Forming an Arts Commission to Provide Review and Comment on
the Operations of the High Street Arts Center and Placement of Artwork in the
Community. Staff Recommendation: Direct staff as deemed appropriate.
(Staff: Steven Kueny)
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Regular Meeting Minutes of July 19 2006. Staff
Recommendation: Approve the minutes.
B. Consider Changes to the Housing Rehabilitation Program. Staff
Recommendation: Approve recommended changes and direct staff to
implement the program in the Redevelopment Project Area. (Staff: David
Moe)
C. Consider Approval of Proposal for Services Associated with First Time Home
Buyer Program from Advantage Realty and Authorization of Execution of
Agreement for Professional Services. Staff Recommendation: Approve
proposal from Advantage Realty for real estate brokerage services, as
amended, and Agreement for Professional Services, subject to final language
approval by the Executive Director and Agency Council, and authorize
Executive Director to execute said Agreement. (Staff: Nancy Burns)
Redevelopment Agency Agenda
August 2, 2006
Page 2
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
Any member of the public may address the Agency during the Public Comments portion of the Agenaa, umess n is
a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning
a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or
Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received bythe City
Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for
Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion
portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public
Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/
Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of
the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to
the City Clerk at (805) 517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805)
517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior
to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide
accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Moorpark Redevelopment Agency to be held Wednesday, August 2, 2006, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on July 28, 2006, at a conspicuous place at the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 28, 2006.
Maureen Benson Deputy City Clerk
ITEM 4. A
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
AC71ON:
MOORPARK REDEVELOPMENT
AGENDA REPORT
To: Honorable Agency Board of Directors
FROM: Steven Kueny, Executive Director
Prepared by: David C. Moe II, Redevelopment Manager
DATE: July 21, 2006 (City Council Meeting of 8/2/06)
SUBJECT: Consider Forming an Arts Commission to Provide Review and
Comment on the Operations of the High Street Arts Center and
Placement of Artwork in the Community
BACKGROUND & DISCUSSION
The High Street Arts Center located at 45 East High Street ( "Arts Center ") is starting its
inaugural season on September 22, 2006. As the Arts Center progresses in its
endeavor to evolve into a cultural arts center for the City of Moorpark, it would be
beneficial to have the community's participation in the Arts Center's activities. This
participation could be achieved by forming an advisory commission or committee to
review and comment on the operation and programming of the Arts Center. Below are
3 possible scenarios for implementing an advisory body:
Option 1
This option includes forming an Arts Commission to review and comment on the
operational budget and programming activities of the Arts Center. The membership
would total 5 members: 2 members of the City Council (Agency Board) and 3 members
of the public to be chosen by an application and interview process. Terms of the public
positions would be for a period of 2 years and the City Council (Agency Board)
participants would be appointed by the Mayor on an annual or bi- annual basis.
The proposed Arts Commission would be advisory to the Moorpark Redevelopment
Agency ( "Agency "). Staff would be responsible for drafting and presenting the
operational budget and programming activities to the Arts Commission for their review
and comment prior to submission to the Agency Board.
The following duties are suggested under the scope of duties for the proposed Arts
Commission:
Honorable Agency Board of Directors
8/2/06
Page 2 of 3
• Responsible for the review of the operational budget, promotion and
programming activities of the Arts Center, and providing comments and
recommendations to the Agency
• Comment on a 3 year financial plan reviewed annually in accordance with the
Agency's fiscal year. This plan would include a projection of operating
expenditures, production budgets, capital improvements, anticipated revenue
and projected programming for the Arts Center
• The Arts Commission would meet quarterly
This option is similar to the advisory committee utilized at the Simi Valley Cultural Arts
Center.
Option 2
This option includes forming an advisory body to review and comment on the
operational budget and programming activities of the Arts Center; however, the advisory
body would be a Performing Arts Committee instead of an Arts Commission. The
membership would total 5 members of the public chosen by an application and interview
process. Terms would be for a period of 2 years and the chairperson would be selected
annually by vote of the Committee.
The proposed Performing Arts Committee would be advisory to staff, similar to the
Moorpark Active Adult Center Advisory Committee. Staff would be responsible for
drafting and presenting the operational budget and programming activities to the
Performing Arts Committee for their review and comment. The Performing Arts
Committee's comments and recommendation would only be considered by staff.
The following duties are suggested under the scope of duties for the proposed
Performing Arts Committee:
• Responsible for the review of the operational budget, promotion and
programming activities of the Arts Center, and providing comments and
recommendations to the staff
• Comment on a 3 year financial plan reviewed annually in accordance with the
City of Moorpark's fiscal year. This plan would include a projection of
operating expenditures, production budgets, capital improvements,
anticipated revenue and projected programming for the Arts Center
• The Performing Arts Committee would meet quarterly
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Honorable Agency Board of Directors
8/2/06
Page 3 of 3
Option 3
This option would combine two or more advisory groups into one Commission that
would be responsible for reviewing and commenting on a variety of matters in addition
to the Arts Center. This merged Commission could possibly be called the Community
Services Commission and be staffed by the Director of Parks, Recreation, and
Community Services. The advisory groups that could be merged include:
• Public Art Advisory Committee*
• Proposed Arts Commission or Performing Arts Committee*
• Park and Recreation Commission
• Possible Library Commission
* It is also possible to merge only the two groups dealing with the arts.
The membership would total 5 members of the public chosen by an application and
interview process. Terms would be for a period of 2 years and the chairperson would be
selected annually by vote of the membership.
Staff would be responsible for drafting and presenting items pertaining to art in public
places, performing arts, parks and recreation, and possible Library to the merged
Commission for their review and comment.
Forming some kind of advisory body to review and comment on matters pertaining to
the Arts Center will help ensure its success, as well as providing members of the
community an excellent opportunity to participate in molding the Arts Center's future.
The Theater Ad Hoc Committee (Mayor Pro Tern Mikos and Councilmember Harper)
reviewed the formation of this advisory body and believe it should be called an Arts
Commission.
The first season of the Arts Center has already been approved and is scheduled to
begin September 22, 2006. If an advisory body is eventually formed, they would begin
to be involved with the Arts Center's 2007 -08 activities. So, there is not an immediate
need to act on this matter.
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
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CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
rrPAr S A.
of ___u a a00
ACTION'- -- �,gINUTI ES OF THE REDEVELOPMENT AGENCY
04- '—Z .
__.. __.. _____' ___ .w July 19, 2006
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
July 19, 2006, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:18 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse, Parvin, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; David Moe, Redevelopment Manager; and
Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
Mayor Hunter advised David Jacobs, who began a statement addressing the Toll
Bros. proposal, that this item is on the City Council agenda and he can be heard
at the time the Toll Bros. item is called.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Chanaina the Name of the Theater on High Street. Staff
Recommendation: Approve the name change for the Facility.
Mr. Moe gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Mikos moved and Agency Member Harper seconded
a motion to approve the name change of the Theater on High Street to High
Street Arts Center. The motion carried by unanimous voice vote.
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Parvin moved and Agency Member Mikos seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
()000(,'4
Minutes of the Redevelopment Agency
Moorpark, California Page 2 July 19 2006
A. Consider Approval of Minutes of Regular Meeting of June 21 2006. Staff
Recommendation: Approve the minutes.
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
MOTION: Agency Member Harper moved and Agency Member Parvin seconded a
motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion
carried by unanimous voice vote. The time was 7:28 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
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TI'E.M
5. B.
,-ITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
:
MOORPARK REDEVELOPMENT A ACTIONGENCY
AGENDA REPORT -
BY:
To: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager 7 t VAA�
DATE: July 21, 2006, (Agency Meeting of August 2, 2006)
SUBJECT: Consider Changes to the Housing Rehabilitation Program
BACKGROUND
The Housing Rehabilitation Program provides financial assistance to very low and low
income home owners in the Redevelopment Project Area to correct building code
violations and repair their homes. The program has been funded by the Moorpark
Redevelopment Agency for several years, but unfortunately, due to other priorities and
staffing vacancies, the program has been dormant.
DISCUSSION
The Agency now has the staffing to successfully implement the Housing Rehabilitation
Program. Staff has reviewed the existing program and has made several suggestions
to streamline program administration and increase its effectiveness to remove blighted
conditions in the Redevelopment Project Area. The following are staff's recommended
changes:
1. Increase the maximum loan amount from $20,000 to $50,000 for eligible repairs
and costs. Repairs to correct Health and Safety Code deficiencies will have
highest priority in ranking which repairs will be completed.
2. Eligible properties include those which are determined to be structurally sound,
or to have the potential to be made structurally sound within the budgeted
maximum loan funds.
3. Loan terms will be 3% interest for Low Income households, and 0% interest for
Very Low Income households. The loans will be amortized over 30 years. Loan
will be repaid in full upon sale or transfer of property within the amortization
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Honorable Agency Board of Directors
8/2/06
period; loan is not transferable. A monthly loan payment for a $50,000 loan at
0% interest is estimated to be $139.00 and the same loan at 3% interest is
estimated to be $211.00.
4. Loan will be secured by a deed of trust against the property. Loan will be in third
position or better and will not subordinate to any new loan, unless approved by
the Executive Director.
5. Flat loan fee of $2,000 would be charged to the borrower, which includes
approximately $1,200 for construction management services and $800 for
transaction costs, including title insurance, recording fees, drawing loan
documents, warehousing the loan, etc. This loan fee will be included with the
other project expenses in the loan. No credit reports will be obtained, as the
loans will not be underwritten. Loan applications will be reviewed by staff to
confirm eligibility, based on income, and ensure sufficient equity exists to protect
Agency funds.
6. The property must remain owner - occupied.
7. A 10% contingency fee will be included in the maximum loan amount. This will
be used for any unforeseen repairs that need to be addressed during the course
of the repairs. When taking the 10% contingency into consideration, and
including the $2,000 loan cost, approximately $43,000 in actual repairs may be
contracted for. In the event that no contingency funds are needed, those funds
will be applied as a reduction to the loan principal.
8. Loan documents and agreements will include a "Good Neighbor Clause" which
stipulates property maintenance to community standards and forbids
overcrowding. (HUD standards will be used, which are a maximum of 2 persons
per bedroom, plus 1 person.) The purpose of this is to reduce the likelihood of
unrelated individuals moving into the house after the rehabilitation work. The
intent is not to restrict eligible large families from participating in this program.
9. Borrowers will host a sign in their yard which identifies the source of funds and
tastefully suggests a community spirit, neighborhood improvements, etc.
10. Monitoring will be conducted on an annual basis, or more frequently, as
necessary, to confirm payment of property taxes, adequate insurance coverage,
condition of property, household income, and owner - occupancy.
11. The process of a successful rehabilitation project will follow this outline:
a. Homeowner submits an application for a housing rehabilitation loan,
including required documents showing income, property ownership,
etc. and identifies requested repairs.
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Honorable Agency Board of Directors
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b. Agency reviews application and advises homeowner of eligibility
c. Agency staff and Construction Manager meet with homeowner at
property to evaluate repair requests, identify possible health and safety
deficiencies that should be included in the repair project, and obtain
homeowner preferences, where relevant, such as materials for counter
tops, backsplash, tub /shower enclosures, hard surface floor coverings,
fixtures, etc.
d. Construction Manager prepares draft work write -up, including
specifications, methods, and products and provides cost estimates and
not -to- exceed values as appropriate. Agency requirements for smoke
alarms will be included. Construction Manager consults with Agency
on anticipated project costs, potential conflicts, etc.
e. Work will include termite inspection and appropriate pest control
treatment(s). Restoration work required as a result of pest control
treatment(s) will generally be included in the Scope of Work, or as a
Change Order, to be completed by the contractor making the home
repairs.
f. Agency staff meets with homeowner to review Draft Scope of Work
and confirm homeowner intentions and choices, and potential costs.
Staff will review the financial obligations of the program with
homeowner at that time, and obtain contractor information from
homeowner, if homeowner requests a specific contractor be invited to
bid on the work.
g. Construction Manager prepares bid documents template which Agency
completes for each project. Agency conducts formal bid process.
Agency will encourage interested contractors to submit qualifications,
in order to be on the Agency's bid list. This will enable them to be
notified by mail of bidding opportunities for the rehabilitation program.
However, the formal bidding will not be limited to contractors already
on the Agency's bid list. Minimum qualifications to be on the Agency's
bid list include the following:
L Current and unrestricted license in trade(s) as appropriate for
needed repairs;
ii. Active City Business Registration;
iii. Insurance coverage as required by the Agency
h. Construction Manager will evaluate bids for cost, appropriate methods,
and other criteria to be determined, and will identify lowest responsive
bidder.
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Honorable Agency Board of Directors
8/2/06
Agency staff will notify homeowner of bid results and discuss options
regarding contractor selection:
i. Lowest responsive bidder
ii. A preferred bidder, if price is within 3% of lowest responsive bid
j. Agency staff will prepare loan documents and associated agreements,
including the following, and obtain homeowner signature(s):
i. Promissory Note
ii. Deed of Trust
iii. Good Neighbor Clause
iv. Pre - construction Discussion Acknowledgment
v. What You as a Homeowner Can Expect
vi. Owner Participation Agreement
vii. Right of Rescission
viii. Truth in Lending
ix. Request for Notice
x. Control (Escrow) Instructions
A. Construction Contract
12. Agency staff will consult with Construction Manager regarding value engineering
opportunities, such as whether or not a General Contractor is needed for the
project, or if 1 or 2 sub - contractors would be adequate for the needed repairs and
would not place an undue burden on staff. For most projects, a General
Contractor will be required.
13. Escrow, funds disbursement, loan servicing and loan warehousing will be
provided by Ameri - National (formerly U. S. Escrow), the service provider used by
the Agency when the housing rehabilitation program was fully active.
14. Fiduciary relationships are as follows:
a. Homeowner (Employer) — Contractor
b. Agency (Lender) — Homeowner (Borrower)
c. Agency (Client) — Construction Manager (Service Provider)
15. Communication relationships are as follows:
a. Agency — Homeowner
b. Agency — Construction Manager
c. Construction Manager — Contractor
d. Homeowner — Contractor
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Honorable Agency Board of Directors
8/2/06
16. Outreach /communication will consist of the following:
a. Development of a simple message to include the following information
in both English and Spanish:
i. Eligibility
ii. Loan limits
iii. Typical repairs
iv. Key features of program
b. Dissemination of the message:
i. Brochure placement
1. Front counter
2. Mailing to targeted neighborhoods (owner occupied only)
3. "Community Partners"
• Catholic Charities
• Neighborhoods for Learning (First Five)
• County Medical Clinic
• Library
• Schools
• Boys & Girls Club
ii. Website
iii. Government channel
iv. Announcement at City Council meeting(s)
v. Newspapers
STAFF RECOMMENDATION
Approve recommended changes to the Housing Rehabilitation Program and direct staff
to implement the program in the Redevelopment Project Area.
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rfEm S • C.
'ITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
MOORPARK REDEVELOPMENT AGENCY-- .______-___�
AGENDA REPORTYt • M
To: Honorable Agency Board of Directors
From: Nancy Burns, Senior Management Analyst q,,—, Date: July 25, 2006 (Agency Meeting. of August 2, 2006)
Subject: Consider Approving Proposal for Services Associated with
First Time Home Buyer Program from Advantage Realty and
Authorizing Execution of Agreement for Professional Services
BACKGROUND
During Round One of the City's First Time Home Buyer Program, Advantage Realty
(John Newton and Carla Robertson) provided real estate services to approved low
income buyers, which included conducting walk - throughs of the homes, explaining
the purchase process, reviewing homeowner's manual (from developer) with each
buyer, preparing the Purchase Agreement, and opening escrow.
DISCUSSION
The Agency has received a proposal from Advantage Realty for similar services to
assist with Round Two of the First Time Home Buyer Program. The proposed cost
of two thousand dollars ($2,000.00) for each house is the same fee per unit that was
paid for the 7 units sold in the first round of this program.
The completion of two (2) designated units for First Time Home Buyers in
Canterbury Lane (Shea Homes) is anticipated soon, and seventeen (17) affordable
units are anticipated later this year or in early 2007 in Brighton (William Lyon
Homes). First Time Home Buyer Orientation Workshops were conducted, and pre -
applications were due by June 22. Applications will be processed for all nineteen
(19) units at the same time, for greater efficiency.
Real estate services are needed at this time for the 2 units in Canterbury Lane, and
the attached Agreement contemplates the provision of services for those units. In
approximately 6 -7 months, staff anticipates the need for real estate services for the
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Honorable Agency Board of Directors
Meeting of 8/2/06
Page 2
17 units in the Brighton project (William Lyon Homes) and this Agreement could be
amended to address these units.
STAFF RECOMMENDATION
Approve proposal from Advantage Realty for real estate brokerage services, as
amended, and Agreement for Professional Services, subject to final language
approval by the Executive Director and Agency Counsel, and authorize Executive
Director to execute said Agreement.
Attachment: Agreement for Professional Services
000012
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this day of ,
2006, between the Redevelopment Agency of the City of Moorpark, a
municipal corporation, hereinafter referred to as "AGENCY ", and John W.
Newton & Associates, Inc. DBA MOORPARK ADVANTAGE REALTY,
hereinafter referred to as "BROKER ".
WITNESSETH:
WHEREAS, AGENCY has the need for professional services related to
the First Time Home Buyer Program; and
WHEREAS, AGENCY desires to contract for such services with a
professional Real Estate BROKER for home sales transactions for the City of
Moorpark First Time Home Buyer Program, in anticipation that said BROKER
can provide such services in a manner acceptable to AGENCY; and
WHEREAS, AGENCY wishes to retain BROKER for the performance of
said services.
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and promises herein stated, the parties hereto agree as follows:
I. SERVICES
AGENCY does hereby retain BROKER to perform the services in accordance
with the terms and conditions set forth in Exhibit "A ", SCOPE OF SERVICES,
attached hereto and incorporated herein as though set forth in full.
II. PERFORMANCE
BROKER shall at all times faithfully, competently and to the best of his /her ability,
experience, and talent, perform all tasks described herein. BROKER shall
employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of BROKER
hereunder in meeting its obligations under this Agreement.
III. COMPENSATION
BROKER shall receive compensation at an hourly rate of $125.00 per hour with a
maximum fee of $4,000, for services related to two (2) houses.
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Buyer Program- Advantage Realty- MRA- 072506.doc
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Payment to BROKER shall be made by AGENCY within 30 days of receipt of
invoice, except for those which are contested or questioned and returned by
AGENCY, with written explanation within 30 days of receipt of invoice. BROKER
shall provide to AGENCY a written response to any invoice contested or
questioned and further, upon request of AGENCY, provide AGENCY with any
and all documents related to any invoice.
IV. TERMINATION
This agreement may be terminated with or without cause by either party at any
time with no less than 10 days written notice of such termination to the other
party. In the event of such termination, BROKER shall be compensated for such
services up to the date of termination. Such compensation for work in progress
shall be limited to actual services performed.
V. DEFAULT
BROKER's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that BROKER is in default for cause under the
terms of this Agreement, AGENCY shall have no obligation or duty to continue
compensating BROKER for any work performed after the date of default and can
terminate this Agreement immediately by written notice to BROKER. If such
failure by BROKER to make progress in the performance of work hereunder
arises out of causes beyond BROKER's control, and without fault or negligence
of BROKER, it shall not be considered a default.
If Executive Director or his /her delegate determines that BROKER is in default in
the performance of any of the terms or conditions of this Agreement, he /she shall
cause to be served upon BROKER a written notice of the default. BROKER shall
have ten (10) days after service upon it of said notice in which to cure the default
by rendering a satisfactory performance. In the event that BROKER fails to cure
its default within such period of time, AGENCY shall have the right,
notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
VI. OWNERSHIP OF DOCUMENTS
BROKER shall maintain complete and accurate records with respect to services
provided, in sufficient detail to permit an evaluation of services. At the time of
termination of this agreement, all original documents, computer files, notes or
other related materials, whether prepared by BROKER or his /her officers,
employees, or agents, or obtained in the course of providing the services to be
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performed pursuant to this agreement shall be made available to AGENCY upon
24 hours notice for duplications and retention of duplicates.
VII. INDEMNIFICATION
When the law establishes a professional standard of care for BROKER's
services, to the fullest extent permitted by law, BROKER shall indemnify, protect,
defend and hold harmless AGENCY and any and all of its officials, employees
and agents from and against any and all losses, liabilities, damages, costs and
expenses, including attorney's fees and costs to the extent same are caused in
whole or in part by any negligent or wrongful act, error or omission of BROKER,
its officers, agents, employees or subconsultants (or any entity or individual that
BROKER shall bear the legal liability thereof) in the performance of professional
services under this agreement.
Other than in the performance of professional services and to the full extent
permitted by law, BROKER shall indemnify, defend and hold harmless AGENCY,
and any and all of its employees, officials and agents from and against any
liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees), where the
same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by BROKER or by any
individual or entity for which BROKER is legally liable, including but not limited to
officers, agents, employees or subconsultants of BROKER.
BROKER agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant
or any other person or entity involved by, for, with or on behalf of BROKER in the
performance of this agreement. In the event BROKER fails to obtain such
indemnity obligations from others as required here, BROKER agrees to be fully
responsible according to the terms of this section. Failure of AGENCY to monitor
compliance with these requirements imposes no additional obligations on
AGENCY and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend AGENCY as set forth here is binding on the
successors, assigns or heirs of BROKER and shall survive the termination of this
Agreement or this section.
AGENCY shall hold harmless and indemnify BROKER against any claims arising
from AGENCY interpretations or enforcement of AGENCY's Deed Restrictions
and other special provisions pertaining to the resale of the units being sold under
this Agreement.
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AGENCY does not, and shall not, waive any rights that it may possess against
BROKER because of the acceptance by AGENCY, or the deposit with AGENCY,
of any insurance policy or certificate required pursuant to this Agreement. This
hold harmless and indemnification provision shall apply regardless of whether or
not any insurance policies are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense.
Vlll. INSURANCE
BROKER shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "B" attached to and part of
this agreement.
IX. INDEPENDENT CONSULTANT
BROKER is and shall at all times remain as to the AGENCY a wholly
independent consultant. Any personnel performing the services under this
Agreement on behalf of BROKER shall at all times be under BROKER's
exclusive direction and control. Neither AGENCY nor any of its officers,
employees, or agents shall have control over the conduct of BROKER or any of
BROKER's officers, employees, or agents, except as set forth in this Agreement.
BROKER shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents
of the AGENCY. BROKER shall not incur or have the power to incur any debt,
obligation, or liability whatever against AGENCY or bind AGENCY in any
manner.
No employee benefits shall be available to BROKER in connection with the
performance of this Agreement. Except for the fees paid to BROKER as
provided in the Agreement, AGENCY shall not pay salaries, wages, or other
compensation to BROKER for performing services hereunder for AGENCY.
AGENCY shall not be liable for compensation or indemnification to BROKER for
injury or sickness arising out of performing services hereunder.
X. LEGAL RESPONSIBILITIES
BROKER shall keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. BROKER shall at all
times observe and comply with all such laws and regulations. AGENCY, and its
officers and employees, shall not be liable at law or in equity occasioned by
failure of BROKER to comply with this Section.
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XI. UNDUE INFLUENCE
BROKER declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Redevelopment Agency
of the City of Moorpark in connection with the award, terms or implementation of
this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the
Redevelopment Agency of the City of Moorpark will receive compensation,
directly or indirectly, from BROKER, or from any officer, employee or agent of
BROKER, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling AGENCY to any and all remedies at
law or in equity.
XII. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and
no public official who exercises authority over or responsibilities with respect to
the work which is the subject of this Agreement during his /her tenure or for one
year thereafter, shall have any interest, direct or indirect, in any agreement or
sub - agreement, or the proceeds thereof, for work to be performed in connection
with the work performed under this Agreement.
XIII. RELEASE OF INFORMATION /CONFLICTS OF INTEREST
All information gained by BROKER in performance of this Agreement shall be
considered confidential and shall not be released by BROKER without
AGENCY's prior written authorization. BROKER, its officers, employees, agents,
or subconsultants, shall not without written authorization from the Executive
Director or unless requested by Agency Counsel, voluntarily provide
declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
Agreement or relating to any project or property located within the City of
Moorpark. Response to a subpoena or court order shall not be considered
"voluntary" provided BROKER gives AGENCY notice of such court order or
subpoena.
BROKER shall promptly notify AGENCY should BROKER, its officers,
employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions, or other discovery request, court order, or subpoena from any
person or party regarding this Agreement and the work performed thereunder or
with respect to any project or property located within the City of Moorpark.
AGENCY retains the right, but has no obligation, to represent BROKER and /or
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be present at any deposition, hearing, or similar proceeding. BROKER agrees to
cooperate fully with AGENCY and to provide the opportunity to review any
response to discovery requests provided by BROKER. However, AGENCY's
right to review any such response does not imply or mean the right by AGENCY
to control, direct, or rewrite said response.
XIV. NOTICES
Any notice to be given pursuant to this Agreement shall be in writing and all such
notices and any other document to be delivered shall be delivered by personal
service or by deposit in the United States mail, certified or registered, return
receipt requested, with postage prepaid, and addressed to the party for whom
intended as follows:
To: REDEDEVOPMENT AGENCY
OF THE CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
(805) 517 -6212
Att: Steven Kueny, Executive Director
To: Moorpark Advantage Realty
165 High St., Suite 103
P.O. Box 471
Moorpark, CA 93021
(805) 378 -0073
Att: John W. Newton, President
Either party may, from time to time, by written notice to the other, designate a
different address, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt
by personal service or upon deposit in the United States mail.
XV. ASSIGNMENT
BROKER shall not assign the performance of this Agreement or any of the rights,
duties, or obligations hereunder. It is understood and acknowledged by the
parties that BROKER is uniquely qualified to perform the services provided for in
this Agreement.
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XVI. LICENSES
At all times during the term of this Agreement. BROKER shall have in full force
and effect all licenses required of it by law for the performance of the services
described in this Agreement.
XVII. GOVERNING LAW
AGENCY and BROKER understand and agree that the laws of the Sate of
California shall govern the rights, obligations, duties, and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. This
Agreement is made, entered into, and executed in Ventura County, California,
and any action filed for arbitration for the interpretation, enforcement or other
action to herein, shall be filed in the applicable court in Ventura County,
California.
XVIII. GENERAL CONDITIONS OF AGREEMENT
Titles included in this Agreement are for reference only and are not part of the
terms of this Agreement, nor do they in any way modify the terms of this
Agreement.
The captions and headings of the various Articles and Paragraphs of this
Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles and Paragraphs hereof.
If any portion of this Agreement is held to be invalid, void, or unenforceable, the
remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
No waiver of any provision of this Agreement shall be deemed, or shall constitute
a continuing or subsequent waiver of the same provision. No waiver shall be
binding, unless executed in writing by the party making the waiver.
This Agreement constitutes the entire agreement of the parties concerning the
subject matter hereof and all prior written agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended in any
way except by a writing expressly purporting to be such an amendment, signed
and acknowledged by both of the parties hereto. Should interpretation of this
Agreement, or any portion thereof be necessary, it is deemed that this
Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that a party prepared the
Agreement or caused it to be prepared.
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Nothing contained in this Agreement shall be deemed, construed, or represented
by AGENCY or BROKER or by any third person to create the relationship of
principal and agent, or of a partnership, or of a joint venture, or of any other
association of any kind or nature between AGENCY and BROKER.
Cases involving a dispute between AGENCY and BROKER may be decided by
an arbitrator if both sides agree in writing to arbitration and on the arbitrator
selected, with costs proportional to the judgment of the arbitrator.
XIX. RESPONSIBLE INDIVIDUALS
The individual directly responsible for BROKER'S overall performance of the
contract provisions herein above set forth and to serve as principal liaison
between AGENCY and BROKER shall be John Newton.
The individual directly responsible for the AGENCY shall be Hugh R. Riley,
Assistant Executive Director.
Exhibits "A" and "B"
REDEVELOPMENT AGENCY of the
CITY OF MOORPARK
Steven Kueny
Executive Director
Date
MOORPARK ADVANTAGE REALTY
Date
John W. Newton
Broker
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EXHIBIT "A"
SCOPE OF SERVICES
Real Estate BROKER
The following list outlines the specific responsibilities of the Redevelopment
Agency of the City of Moorpark's Real Estate BROKER, Moorpark Advantage
Realty, with regard to services related to the sale of 2 affordable housing units
described as follows:
Canterbury Lane (Shea Homes) Units 8 and 13, each with a Sales Price of
$160,000
TOTAL COMPENSATION NOT TO EXCEED $4,000.
SERVICES TO BE PROVIDED:
1) AGENCY will forward buyer contact information to BROKER. BROKER
will set -up appointment with buyers for initial walk- through and selection of
unit and finish options if any.
2) Showing the unit will include, but not be limited to the following:
a) Reviewing the homeowner's manual with the buyer on a limited
basis; (Manual will be thoroughly reviewed by the buyers and Shea
representatives at the final walk through.)
b) Pointing out miscellaneous items that buyers need to be aware of
(i.e. property grading and drainage, requirement to contact City staff
and HOA before any modifications are made, HVAC equipment
operation and care, etc.); and
c) Review of the CC & Rs with buyers
3) Establish contact/communication between buyers and contractor's Quality
Control /Assurance Representative.
4) BROKER will ask non - English- speaking buyers to bring an adult of buyer's
selection to interpret for them to any meeting with BROKER, whether for
the purpose of inspecting units, signing documents, or for any other
purpose. Broker will have no liability whatsoever for buyer's
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understanding /misunderstanding related to such interpretation. Buyers to
sign a full release and indemnification to this effect.
5) Prepare the Purchase Agreement and Escrow Instructions including
BROKER's addendums. BROKER will obtain the buyer's signatures on the
purchase documents and disclosure statements and collect the escrow
deposit check. BROKER will deliver all documents, disclosure statements,
and deposit check to the escrow company.
6) Establish communication between buyers, escrow officer and purchase
financing representatives (through AGENCY staff) to ensure effective
coordination of the escrow process.
7) Space is being provided on -site for Broker /Buyer convenience to meet and
review documents, obtain signatures, etc. Broker will endeavor to meet
buyers on -site to conduct the business of these transactions to ensure
maximum on -site exposure for buyer property familiarity purposes.
8) Meet Appraiser at the property, to facilitate property appraisal
BROKER is not responsible for presenting, explaining, interpreting, or answering
questions regarding the program mortgage documents or deed restrictions. All of
these questions shall be referred to AGENCY staff.
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Exhibit "B"
INSURANCE REQUIREMENTS
BROKER shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for, and
maintain in full force and effect for the duration of this Agreement the policies of
insurance required by this section and shall furnish to the Agency Secretary
certificates of said insurance on or before the commencement of the term of this
Agreement. BROKER shall provide general public liability insurance including
automobile liability and property damage insurance in an amount not less than
one million dollars ($1,000,000) per occurrence and annual aggregate.
Consistent with this section, BROKER shall provide workers' compensation
insurance as required by the California Labor Code. If any class of employees
engaged by BROKER in work under this Agreement is not protected by the
workers' compensation law, BROKER shall provide adequate insurance for the
protection of such employees to the satisfaction of AGENCY.
Notwithstanding any inconsistent statement in any of said policies or any
subsequent endorsement attached thereto, the protection offered by the policies
shall:
1. Name AGENCY and any and all of its officials, employees, servants
and agents and independent contractors as additional insured with BROKER.
Confirmation of this coverage shall be provided on an Insurance Services Office
(ISO) form CG 00 01, or other form stipulated in writing by Agency Secretary.
2. Bear an endorsement or have attached a rider whereby it is
provided that, in the event of cancellation or amendment of such policy for any
reason whatsoever, AGENCY shall be notified by mail, postage prepaid, not less
than thirty (30) days before the cancellation or amendment is effective. BROKER
shall give AGENCY thirty (30) days written notice prior to the expiration of such
policy.
3. Be written on an occurrence basis.
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