Loading...
HomeMy WebLinkAboutAG RPTS 1995 0517 RDA REGANNOTATED REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MAY 17, 1995 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 6:37 by Chairman Lawrason 2. ROLL CALL: All Agency members present Next Res. No. 95 -34 799 Moorpark Avenue 3. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None 4. PUBLIC COMMENT: None 5. CONSENT CALENDAR: A. Consider Minutes of the Regular Meeting of the Moorpax Redevelopment Agency of April 5, 1995. Staff Recommendation: Approve the minutes as processed. Approved B. Consider Calleauas Municival Water District Capital Construction Charge Agreement for Mission Bell Phase II. Staff Recommendation: Staff recommends that the Agency u� �cPc authorize the Chairman of the Agency to execute the Capital Construction Agreement for a not to exceed amount of $137,522 recognizing the obligation of Mission Bell Partners to pay the capital construction charge. Approved 6. CLOSED SESSION: None was held A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -23 Negotiating Parties: City of Moorpark and Egg City Under Negotiation: Price and Terms of Payment Redevelopment Agency Agenda May 17, 1995 Page 2 7. ADJOURNMENT: 6:40 p.m. Moorpark Redevelopment Agency Agenda Report TO: Redevelopment Agency Board FROM: Richard Hare, Deputy City NIAnag � DATE: May 5, 1995 (CC Mtg. 5/17/9L5). �E�� lli�� lei, I amp MttNL IYQ1101k /1f SUBJECT: Consider Calleguas Municipal Water District Capital Construction Charge Agreement for Mission Bell Phase I1 Back around The Redevelopment Agency of the City of Moorpark (the Agency), has entered into a Development and Disposition Agreement (DDA) with Mission Bell Partners (the developer) for the commercial development of approximately 15 acres of property between Lassen Avenue and Los Angeles Avenue west and contiguous to Mission Bell Plaza Phase I. This development is referred to as Mission Bell Phase II. As part of the DDA the Agency has agreed to cooperate in the filing of required documents and agreements to facilitate the sale and construction of improvements on the property. This Capital Construction Agreement between the Calleguas Municipal Water District, the developer and the Agency is subject to the terms of the DDA. Although the Agency agrees in this agreement to be jointly responsible for the capital construction charge, the DDA calls for the developer to make this payment, therefore there is no obligation on the part of the Agency. The capital construction charge is listed in the agreement as $1 37,522 based on 15.4 acres of development. Staff has noted that the acres of development are actually 15.31 acres which is a difference of $803.70. This is being clarified with the water district to determine the exact amount of the fee. The developer will be required to pay the fee when the building permit is issued. Recommendation Staff recommends that the Agency authorize the Chairman of the Agency to execute the Capital Construction Agreement for a not to exceed amount of $137,522 recognizing the obligation of Mission Bell Partners to pay the capital construction charge Mpk\mbpii01.mra 0toll Recording Requested by and Return Recorded Document to: Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks, California 9136.2 CALLEGUAS MUNTC'TPAT WATER nTem�r...,, CAPITAL CONSTRUCTION CHARGE AGREEMENT` THIS AGREEMENT_ is entered into by and between --CALLEGUAS1 MUNICIPAL WATER DISTRICT, hereinafter referred to as "Calleguasit'; and Mission B e 1.1 -P a r n t e r s , hereinafter- referred as "Developer,"-- and City 6f Moorpark Redevelopment Agnec hereinafter referred to as "Property Owner." ' BE-C Iius A. Calleguas has had in place since 1980, a Capital Construction Charge which is lt_'vied pursuant to Ordinance No. 14, a copy of which Developer ackriwLodges receipt. B., The Capital Constructi(:,n charge assesses a fee or charge, hereinafter referred to as tie "1Charge," on developments and improvements of real property ,, itt 1--i the District. C. Such Charge must k:�e � ) -I i.c. no later than the date when a permit to undertake buildinc, -; oktained by the Developer. D. Calleguas has experienced a number of instances where a "District Release" has been issued by Calleguas in connection with an agreement with a developer wherein the developer promises to pay the Charge at the prescribed time and the Developer then does not in fact pay the Charge nor notify Calleguas of the fact that it developed and sold the subject Proper °:y. E. Calleguas intends to make it absolutely clear to Developer and Property Owner (i) what the terms and conditions of Calleguas issuing a "District Release "' are and (ii) to make certain there will be no misunderstanding about. the fact that the payment of the Charge must be made by Developer -- Cr Property Owner at the time a permit to undertake building is obl --air( d by the Developer. Revised. 6/1/94 Page L cp f 4 00012 1. The undersigned Developer and Property Owner hereby acknowledge and concur with the Capital Construction Charge computation in the amouiit3 of $_ 137 , 522 2. The undersigned, duly authorized, agree that Developer or Property- Owner shall pay to Calleguas the ' a -mount of the Capital Construction Charge set forth above as a condition precedent to and; in_ advance" of the Developer obtaining any permit to undertake building or construction of any phase of the development of the,_ property, subject to the Charge, such property is hereinafter;: referred £o= as =the "Property." In addition_ to'a. r- - in e Capital Construction Charge g - g pay the g prior to the Developer obtaining any permits to undertake the building or construction of an phaseof the development_ described above, the undersigned hereby agree that4 Call— egua wi3 =l be notified of any application for- -any buildin permit within three (3) working days of making such application and that any failure to notify Calleguas shall constitute a brew* of a fiduciary duty to Calleguas. 3. The lega3- description of the Property which-is-the subject of this Agreement is attached hereto, :marked Exhibit A, and made a part hereof. 4. Developer and Property Owner understand and agree that this Agreement shall immediately be recorded in the office of the County Recorder and from the date of recording shall constitute a lien on the Property herein described, securing the amount of the Charge, which shall be enforceable against successors in interest to the Developer or Property OwnEar. 5. This Agreement shall oe ecorded in the grantor - grantee index in the name of the Calleguas Municipal Water District as grantee and in the name of the t'roperty Owner as grantor. 6. Calleguas agrees to release individual lots or acreage from this obligation upon payment of the individual lot or acreage Charge. Each request for a release small be made in writing and shall contain a full legal description , -)f the lot(s) or acreage to be released. Developer shall deliver to Calleguas a proposed partial release, in recordable form, ar the time of each payment. If Calleguas finds the proposed release acceptable, Calleguas shall cause the release to be execute(._] arld :r - corded . 7. The Developer Alld the Prcperty Owner shall notify Calleguas in writing of the opening of any escrow for the sale of the Property or any part of the Property which is the subject of this Agreement. In the event. any escr W is opened, the escrow Revised' 6/1/94 Page <� Of 4 00013 instructions shall provide that the Charge be paid to Calleguas from the sale proceeds in escrow prior to disbursing the seller. Any failure to notify Calleguas shall constitutes the breach of a fiduciary duty to Calleguas. 8. Developer and Property Owner agree that, in the event the' Charge set forth above is not paid when due pursuant to this;`'; Agreement, interest at the legal rate shall accrue on the Charge, compounded annually, from the date such Charge payment is due. 9. It is further agreed that in the event there shall be an modification to the development plan occurring between the time.Qg this Agreement and the time why ,= y then "the amount of the Capital Cons ruction Charge shall e be altere'E, accordingly. The final Capital Construction Charge shall be recomputed in the manner set forth _above on the basis of the. ified development plans and the total anus computed shall b Cth , z the final amount of the Capital Construction Charge, modification shall be --filed by Calleguas as provided for paragraph 4 of this Agreement, and be paid as provided herein.'ln'' =Io-- It is understood and agreed -that both Developer an$ roperty Owner will be liable for the and :ghat if it Capital Construction Charge- is not paid when due-, Calleguas may, in addition to any other remedies it may have, collect its Charge, interest, and attorney's fees, by forcing a sale of the real property. 11. It is agreed by and between the parties that in the event of any default by either of the parties in an of the contained in this Agreement, the prevailing y Provisions to any and all costs, expenses and. attorney's its shall be entitled fees incurred in prosecuting any action against the other art b P y y reason thereof. 12. Developer and Property Owner collectively and separately agree to hold Calleguas free and harmless from any liability or claim that may arise or be made against Calleguas, whether well - founded or not, because Calleguas has entered into this Agreement including, but not limited to, any consequences which may arise as a result of the recording of th,-s Agreement. 13. This Agreement shall inure to the heirs, successors in -he benefit of each of the parties hereto and shall be binding up -)r1 interest or assigns of the parties; 14. This Agreement contains the following Sunset Provision: Two (2) years after the date this Agreement is recorded this Agreement shall lapse and become null and void as to any and all portions of the property for which buildin obtained. If this Agreement la g Permits have not been se <; P the Developer and the Property Revised: 6/1/94 Page I o f 4 04014 Owner must enter into a new agreement with Calleguas. Such new agreement will be calculated based on the then existing Capital Construction Charge of the District. 15. This Agreement cannot be assigned or otherwise tra without the prior written consent of Calleguas. nsferred, Dated: aj DEVE By v Title eno S o n d e 11 o(----.4 r--- - #' M en al Partner,Wission Bei-10a"t't, he PROPERTY OWNER By z. Title ---------- CALLEGUAS MUNICIPAL WATER DISTRICT 7- tle RcAsed. 611194 Page .4 o .4 i State of County of Veh _bk rQ On ATE l9 SS before me, G �edQ �Q to NoQ �, NAME, TITLE OF OFFIjCER - E G 'JANE DOE, NOTARY PUBLIC personally appeared— Mario %V �D/1h of e % / � 41' E(S) OF SIGNER(S— - - - personally known to me - OR - ❑ 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 ac- "` knowledged to me that he/she/they executed OMY - the same in his /her /their authorized Nc!c r,, ; _ : - capacity(ies), and that by his /her /their " -nn, -� c,., V signatures) on the instrument the person(s), comm.Expu�sJ�:N9.ic�ii or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: WITNESS my hanc and official seal. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO OPTIONAL SECTION THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT - NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, — — - it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTAPY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -718= 000118 I ( is . 9 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT - -- - tYo. 51 State of County of Veh _bk rQ On ATE l9 SS before me, G �edQ �Q to NoQ �, NAME, TITLE OF OFFIjCER - E G 'JANE DOE, NOTARY PUBLIC personally appeared— Mario %V �D/1h of e % / � 41' E(S) OF SIGNER(S— - - - personally known to me - OR - ❑ 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 ac- "` knowledged to me that he/she/they executed OMY - the same in his /her /their authorized Nc!c r,, ; _ : - capacity(ies), and that by his /her /their " -nn, -� c,., V signatures) on the instrument the person(s), comm.Expu�sJ�:N9.ic�ii or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: WITNESS my hanc and official seal. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO OPTIONAL SECTION THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT - NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, — — - it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTAPY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -718= 000118 I EXHIBIT A • 2 CALLEGUAS MUNICIPAL WATER DISTRICT Page 1 o f, APPLICATION AND AGREEMENT CAPITAL CONSTRUCTION CHARGE an DISTRICT RELEASE (C-M.W.D. Ordinance Nc). 14) F NOTE: This Application and Agreement- sha -11 be accompanied by one (1) legible cop of a Vicinity Map and such additional ma (s and drawings) suf icient to be used as the basis to Locate the propert3�, define the boundary-(s) and_ comput_ the area(s)-of the ; pa "rcel(,$) shown thereon. The tJpe (classification) and location of all structures and units shall be designated on the attachments) in ,a manner which permits ready application of the Capital Construe,. t:ioft _Charge Rate Schedule, i.e. , all resident -ial units to be itemized and-designated as "single unit" or "multiple— unit" and all y. other areas, except dedicated public streets, to be itemized and designated as "Commercial ", "Industrial," or "Public" with each area totalized by its classification 1. Name of Planning Agency: r: 1'.i fiw of Mnnrnk 2. Assigned Developmett Designation: TA►,t M cljL N 49ti1 _4 3. Member Agency Re- i 1 Pu'r- ,reyor): VCWW District No.1 4. Date of Appiic�.t 5. AQolican ='s Name: Mission E3e11 Partners (FU I Business Name) Address: 340 Rosewood Avenu,l, Ste D, Camarillo, CA 93010 6 7 (State both office and mailing address, if different) Telephone No.: -805 987 -692 Type of Organization A Cal fornia Partnership (Individual., Cor at1 , Partnership, etc) Applicant's Authorized Agent Submitting this Application: Agen t4 s Name ) Jr. (Nature of Agent s AMliati_on with App icant) Same (Address and Tele. No. different from Applicant's) bl6- t7 - 10. 11 8 • Gross tXritBiT A area within the Development's Boundary: 15.31 Page Z Of Z 9• Area s g acres. ( ) and number of buildings within Development Boundary, exclusive of dedicated public streets: Initial Final COMMERCIAL: 15... 31 _.Acre (s) Single Floor 7 117,120 SF Acr(s) _ea. Sq • pt, Multiple Floor ea--Sq. Ft. ea . _!Sq E t . INDUSTRIAL: ea. ___Sq• Ft. _ .�� _Acre (s) Single Floor Acre (s) e a . Sq , Ft. Multiple Floor ea. Sq. Ft. - _ -- t._ PUBLIC: ea.___Sq. Ft.. Acre (a1 Single Floor —_ea . F`t . - _- -.- M Multiple Floor _Sq ed._ — Sq• Ft. ea. F•t' - Number of Residential -Sq' Units within ea. — ____ —•Sq . Ft. Development Boundary- Initial -- Final Single Units; Multiple Unit s) —___Each Eac Computation of the Capi =a 1 'c nstrrsction -- ---._� –Each Charge: Initial 15.4 Ac. x $8,930/Ac.= $137,522 Final 00419