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AG RPTS 2000 1004 RDA REG
'' ESTABLISM * Olmn it Im OF Resolution No. 2000 -94 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 4, 2000 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: 799 Moorpark Avenue A. Consider Amending Agency Budget Providing Funds for the Purchase of Real Property at 285 And 297 High Street From Randy and Tracy E. Marsh, Adopt Resolution No. 2000 - Appropriating Set -Aside Funds for the Purchase and Approve Certificate of Acceptance for the Subject Property. Staff Recommendation: 1) Adopt Resolution No. 2000- appropriating $225,000 in set -aside funds for the purchase of said parcels, closing costs and related contingency costs; and (2) Approve a Certificate of Acceptance for the grant deed to the property and direct the Agency Secretary to forward the deed and certificate to the title officer for recordation. (ROLL CALL VOTE REQUIRED) S. CONSENT CALENDAR: A. Consider Approval of the Minutes of a Regular Meeting of April 5, 2000. Staff Recommendation: Approve minutes as processed. Redevelopment Agency Agenda October 4, 2000 Page 2 6. CLOSED SESSION: 7. ADJOUR141ENT : --------------------------------------------------------------------------------- Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation/ Action /Discussion stem. 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 by the 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 529 -6864. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (8 05) 529 -6864. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (CFR 35.102- 35.104 ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK AFFIDAVIT OF POSTING I, La-Dell VanDeren, 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 October 4 , 2000, at 6 : 30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 29, 2000, 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 September 29, 2000 . La-Dell VanDeren, Deputy City Clerk ITEM . �_d CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of 16 -q-0000 ACTION: Ado �_1STAAP Recay♦7�uo+4rzoN lA/L+cu.oin�� APCP7TON OF 12�se•OIIII�..'i666-91/ MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: Hugh R. Riley, Assistant Executive Director) DATE: September 26, 2000 (MRA Meeting of 10/4/00) SUBJECT: AMEND AGENCY BUDGET PROVIDING FUNDS FOR THE PURCHASE OF REAL PROPERTY AT 285 and 297 HIGH STREET FROM RANDY AND TRACY E. MARSH, ADOPT RESOLUTION NO. 2000- APPROPRIATING SET -ASIDE FUNDS FOR THE PURCHASE AND APPROVE CERTIFICATE OF ACCEPTANCE FOR THE SUBJECT PROPERTY. DISCUSSION: On May 17, 2000 the City Council made a commitment to the Ventura County Fire Protection District that the city will acquire and exchange the necessary property for a fire station on High Street. The May 17, 2000 City Council Agenda Report is attached to provide further details of the proposed transaction with the Fire District. The commercial parcels making up a portion of the new station site on High Street at Magnolia are Parcels 512 -0- 093 -100 and 512 -0- 093 -110 (285 and 297 High Street) . The Agency has purchased the property from Randy and Tracy E. Marsh. The City has agreed to exchange this property for the existing fire station building and property on Moorpark Avenue. The Moorpark Avenue Fire Station property has potential for the future development of affordable housing by the Redevelopment Agency. It is therefore appropriate that the Redevelopment Agency acquire the High Street parcels for exchange with the County Fire Protection District property on Moorpark Avenue using Housing Set aside funds. The transaction has been concluded for price of $220,000 plus closing costs not to exceed $2,000. Funds for related contingencies of $3,000 may also be required. The attached resolution would amend the Redevelopment Agency Annual Budget and appropriate the $225,000 from set -aside funds 000001 Redevelopment Agency Agenda Report October 4, 2000 Page 2 for the acquisition. An appropriation of funds for the remaining parcel will be requested at a later date. RECOMMENDATION: Staff recommends that the Redevelopment Agency Board of Directors; (1) Adopt Resolution No. 2000 - appropriating $225,000 in set -aside funds for the purchase of said parcels, closing costs and related contingency costs; and (2) approve a Certificate of Acceptance for the grant deed to the property and direct the Agency Secretary to forward the deed and certificate to the title officer for recordation. (ROLL CALL VOTE REQUIRED) Attached: May 17, 2000 Council Agenda Report Agreement of Purchase and Sale Resolution No. 2000- 000000 2 MOORPARK CITY COUNCIL AGENDA REPORT ITEM / 0--C-- . BY: _ TO: Honorable Mayor and City Council From: Hugh R. Riley, Interim Deputy City Mania DATE: May 5, 2000 (Meeting of 5/17/00) SUBJECT: Consider Formalizing a Commitment to Acquire a Suitable Site for a Fire Station on High Street. SUMMARY: City Council action is necessary to provide a written commitment to the Ventura County Fire Protection District that the city will acquire and exchange the necessary property for a fire station on High Street. BACKGROUND: The Ventura County Fire Protection District (Fire District) has plans to remodel the existing facilities at Fire Station 42 on Moorpark Avenue across from City Hall. The primary purpose of the remodel is to accommodate a larger fire truck and improve living quarters. In lieu of this remodeling, the City and the District are working cooperatively to develop a fire station on High Street in the City's Downtown area. Action by the City Council is needed to declare the city's intent and authorize the Mayor to send a letter to the District committing the City to acquiring the necessary station site that will be deeded to the District in exchange for the current station property. DISCUSSION: To implement this proposal the City would acquire one, residential parcel and two commercial parcels with a combined area of 20,000 square feet located at the northwest corner of High Street and Magnolia Street. This property would be deeded to the Fire District. The city would also be responsible for the necessary demolition to clear the site and for correcting low- hanging utility lines that traverse the site. The property is shown on the 000003 Fire Station Site Acquisition Letter of Intent to Acquire May 17, 2000 Page 2 attached map as "Potential Fire Station Site" and consists of Parcels 9, 10 and 11 in block 093 APM, Bk. 512, Pg. 09. (A Property Map is also attached). In exchange for the deed to the referenced site, the Fire District will deed to the City the property and the current fire station on Moorpark Avenue ( "Existing fire station site ") which consists of Parcel 2 in Block 062, etc. and contains 22,500 square feet. The Fire District intends to design the replacement station with 1900's -style architecture in keeping with the theme for the city's downtown revitalization program. Design for the station would commence immediately upon approval from the Ventura County Board of Supervisors based on the city's commitment letter to the Fire District. The construction will be completed within 14 months from the close of the property transaction. The formal property acquisition would not commence unless: 1. A firm commitment from the County Board of Supervisors and the Fire District to build the fire station on High Street is provided; and 2. The site deeded to the city is a "clean site." STAFF RECOMMENDATION: Authorize the Mayor to sign a letter addressed to the Ventura County Fire Protection District committing to the acquisition of the site for a fire station at the northwest corner of High Street and Magnolia Street consistent with this report. Attachment: Vicinity Map Site Property Maps (2) 0 (004 � 05 22 L� SQUARE PARCEL USE FOOTAGE 1'2 Fire Station 22,500 3&4 Commercial & Pkng 1'1,2' 1,250 11 S R 15,000 ?�r 12 Commercial 7,500 e Totals: 56,250 -ga 2 \2,, �- ra I � 16 Existing Fire Station Site I 45 33' I� APPRAISED PRICE PRICE SQ FT 50' I ' �o TO 0 ti W J__ Q I 45 33' I� APPRAISED PRICE PRICE SQ FT 50' I ' �o TO 0 $10.67 $200,000 $17.78 $125,000 $8.33 $110,000 $14.67 $675,000 11 1 $12.00 1 I, 10� 60 IJ n I 9 EV ER ET T 47' 49' 50 50 S 7 C •�. 12 � Sn o 50' I ' �o TO 0 2 � O 4 I c � o f � 0 50 0 s 5• � CHARLES O 4 NOTE: ASSESSOR PARCELS SHOWN ON THIS PAGE DO 1� NECESSARILY CONSTITUTE LEGAL LOTS. bo W Cr IJD w N 1' :)6 13 3s' _I T rs' all O w I 7S N N L Z J Q 3 ©0t 06R 10038 Q� O I t I ( �� STREET h In n VI o 0@. (1 O 0 0 15 :d 15 ( Potential Fire Station Site �° was ;: 093 bi: 4< k is �� 9 iy 7 3 3 C2 -0 7 (D b F I : 008 -03 tax default price $11,000 o CITY OF MOOORPARK Q Assessor's Map Bk. 512 , Pg- 09 - 000006 STREET HWY. 1!8 • NE. CC • PER 5 -06. SQUARE APPRAISED PRICE PARCEL USE FOOTAGE PRICE SQ FT 7 Vacant 5,000 $100,000 - $20.00 8 Vacant w/ structure 5,000 $100,000 $20.00 9 5,000 $109,000 $21.80 10&11 Vacant 15,000 $195,000 $13.00 Totals: 30,000 $504,000 $16.80 -03 tax default price $11,000 o CITY OF MOOORPARK Q Assessor's Map Bk. 512 , Pg- 09 - 000006 1 Vicinity Map Existinq;F,ire Station Sitel EVERETT FCHARL FT FHIGH - DO U) New Fire Station•Sit S. P. R. R. m S T. PARK 777TE P = 300' C-30007 MOOR COPY* AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTION ( "Agreement ") is made and entered into this 20th day of September, 2000, ( "Effective Date ") whereby Randy Marsh and Tracy E. Marsh, aka Tracy Marsh, husband and wife, ( "Seller "), agrees to sell, and City of Moorpark Redevelopment Agency ('Buyer "), agrees to purchase, on the terms and conditions hereinafter set forth, the following: (a) That certain real property (the "Land) in the County of Ventura, State of California, as more particularly described in Exhibit "A" attached hereto; and (b) All rights (including water and mineral rights), privileges, easements, tenements, hereditaments, rights of way and appurtenances which belong to or appertain to the Land (the "Appurtenances "). The Land and Appurtenances are collectively referred to herein as the "Property." The terms and conditions of this Agreement and the instructions to Old Republic Title Company with regard to the escrow ( "Escrow ") created pursuant hereto are as follows: 1. SALE OF PROPERTY. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. PURCHASE PRICE. The purchase price ( "Purchase Price ") for the Property shall be Two Hundred Twenty Thousand Dollars ($220,000.00). 3. PAYMENT OF PURCHASE PRICE. Prior to the close of Escrow, Buyer shall deposit with Escrow Holder funds in the amount of Two Hundred Twenty Thousand Dollars ($220,000.00). Such funds shall be in the form of cash, certified check, wire transfer or other immediately available funds. 4. ESCROW. 4.1 Opening of Escrow. Within ten (10) business days following the Effective Date hereof, Buyer and Seller shall deliver an executed Agreement, or copy hereof, to Escrow Holder. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received said executed Agreement or copy. Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened and the Closing Date. In addition, Buyer and Seller agree R1V #68507 v3 09/20/00 2:46 PM _ 1 _ 010008 to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. 4.2 Close of Escrow. For purposes of this Agreement, the "Close of Escrow" or "Closing" shall be defined as the date the Grant Deed conveying the Property to Buyer is recorded in the Official Records of Ventura County, California. The "Closing Date" shall be September29, 2000. Unless otherwise subsequently agreed to in writing signed by Buyer and Seller, if Close of Escrow fails to occur by the Closing Date, the Close of Escrow shall occur as soon thereafter as possible unless one party gives written notice to the Escrow Holder and the other party to cancel the escrow. Cancellation of the escrow, as provided in this Section, shall be without prejudice to whatever legal or equitable rights Buyer or Seller may have against each other arising from this Agreement or otherwise. 5. - TITLE 5.1 Approval of Title. Buyer has obtained a preliminary title report Order No. 2005713 dated July 25, 2000 ( "Title Report") from Old Republic Title Company ( "Title Company "). Seller agrees to remove any exceptions to title created by reason of any deeds of trust or mortgages encumbering the Property, and Buyer accepts all other exceptions reflected in the Title Report. 5.2 Title Policy. Buyer shall cause the Title Company to issue its Standard CTLA Owner's form Policy of Title Insurance ( "Title Policy ") in the amount of the Purchase Price showing good and marketable title to the Property vested in Buyer subject only to the exceptions to title approved in Section 5.1. Buyer may, at Buyer's option, elect to cause the Title Company to issue an ALTA form Title Policy with such extended coverage protection and other endorsements as Buyer may request of Title Company. All cost and expense of such ALTA Title Policy, endorsements and extended coverage protection shall be borne by Buyer, including the cost of any survey of the Property that may be required to obtain such coverage. 6. SELLER'S DELIVERIES. Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for delivery to Buyer at closing the following: RIV #68507 v3 09/20/00 2:47 PM _2_ C04-0009 to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. 4.2 Close of Escrow. For purposes of this Agreement, the "Close of Escrow" or "Closing" shall be defined as the date the Grant Deed conveying the Property to Buyer is recorded in the Official Records of Ventura County, California. The "Closing Date" shall be September29, 2000. Unless otherwise subsequently agreed to in writing signed by Buyer and Seller, if Close of Escrow fails to occur by the Closing Date, the Close of Escrow shall occur as soon thereafter as possible unless one party gives written notice to the Escrow Holder and the other party to cancel the escrow. Cancellation of the escrow, as provided in this Section, shall be without prejudice to whatever legal or equitable rights Buyer or Seller may have against each other arising from this Agreement or otherwise. 5. TITLE 5.1 Approval of Title. Buyer has obtained a preliminary title report Order No. 2005713 dated July 25, 2000 ( "Title Report") from Old Republic Title Company ( "Title Company "). Seller agrees to remove any exceptions to title created by reason of any deeds of trust or mortgages encumbering the Property, and Buyer accepts all other exceptions reflected in the Title Report. 5.2 Title Policy. Buyer shall cause the Title Company to issue its Standard CTLA Owner's form Policy of Title Insurance ( "Title Policy ") in the amount of the Purchase Price showing good and marketable title to the Property vested in Buyer subject only to the exceptions to title approved in Section 5.1. Buyer may, at Buyer's option, elect to cause the Title Company to issue an ALTA form Title Policy with such extended coverage protection and other endorsements as Buyer may request of Title Company. All cost and expense of such ALTA Title Policy, endorsements and extended coverage protection shall be borne by Buyer, including the cost of any survey of the Property that may be required to obtain such coverage. 6. SELLER'S DELIVERIES. Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for delivery to Buyer at closing the following: RN #68507 v3 09/20/00 1:07 PM _2_ CC00 0 (a) A duly executed and acknowledged Grant Deed in the Title Company's usual form; (b) A Certificate of Non - Foreign Status required under Section 1445(b) of the Internal Revenue Code. (c) A Certificate pursuant to California Revenue And Taxation Code Section 18662 pertaining to Seller's status as a resident of California or as having a corporate permanent place of business in California. (d) Any other document provided for herein or reasonably required by Escrow Holder. 7. BUYER'S DELIVERIES. Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited into Escrow to be delivered to Seller the following: (a) The Cash Purchase Price, in accordance with Section 3; (b) Any other document provided for herein or reasonably required by Escrow Holder. 8. AUTHORIZATION TO RECORD DOCUMENTS AND DISBURSE FUNDS. Escrow Holder is hereby authorized and directed to record the documents and disburse the funds and documents called for hereunder, provided each of the following conditions have been or will concurrently with the Close of Escrow be fulfilled; (a) Title Company has committed to issue to Buyer the Title Policy with liability equal to the Purchase Price, in accordance with Section 5 above. (b) Seller shall have deposited in Escrow the Grant Deed and the funds, if any, required of it hereunder. (c) Buyer shall deposit into Escrow the funds described in Section 3 and any other documents and funds required of Buyer under this Agreement. (d) Escrow Holder is authorized to record any instrument delivered through this Escrow if necessary or proper for the issuance of the Title Policy referred to above. 9. COSTS AND EXPENSES. The cost and expense of the Title Policy, the escrow fee, and all documentary transfer taxes payable in connection with the recordation of the Grant Deed and all of Escrow RN #68507 0 09/20/00 1:07 PM _3_ tl 0 Holder's customary charges for document drafting, recording and miscellaneous charges shall be paid by Buyer not to exceed $2,000.00. Seller shall pay all such costs or expenses in excess of $2,000.00. 10. PRORATIONS. The following prorations shall be made between Buyer and Seller by Escrow Holder at the Close of Escrow, computed as of the closing date: 10.1 Taxes. Real property taxes, special taxes, and assessments shall be prorated as of the Close of Escrow based upon the latest available tax information. Seller shall be responsible for all special taxes and assessments accrued against the Property to and including the day prior to the Close of Escrow based upon payment of such assessments in installments to the greatest extent permitted. Unless any special tax or assessment payment or installment specifies the time period for which such payment is owed, it shall be presumed that such payment is for the full year immediately preceding the day upon which such payment is due. 10.2 Utilities. Seller shall use its best efforts to cause all utility billings to be closed and billed by the respective utility companies as of the Closing in order that utility charges may be separately billed for the period prior to the Closing and the period after the Closing. In the event any such utility charges are not separately billed, the same shall be prorated. In connection with any such proration, it shall be presumed that utility charges were uniformly incurred during the billing period in which the Closing occurs. Any refunds for utility payments made prior to the Closing shall not be apportioned, but shall be the property of the depositor thereof. 11. INTENTIONALLY OMITTED. 12. SELLER'S REPRESENTATIONS. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following representations, each of which (i) is a condition to Close of Escrow, (ii) is true as of the Effective Date, and (iii) is material and is being relied upon by Buyer: 12.1 Authority. Seller has full power and authority to enter into this Agreement and to consummate the transactions contemplated herein without obtaining the consent or approval of any other person, entity or governmental authority. The persons whose names are set forth below hereby personally represent and warrant that they have full power and authority to sign the name of Seller to this Agreement and to cause this Agreement to be a binding obligation of Seller. RN #68507 0 09/20/00 1:07 PM _4_ 0 0)00 12 12.2 Litigation. There is no litigation, bankruptcy or receivership proceeding or any other proceeding pending, or, to Seller's knowledge, threatened against, relating to, or involving Seller's interest in the Property or Seller's interest in the Property, nor does Seller know or have any reasonable ground to know of any basis for any such action. No consents or waivers of or by any third party are necessary to permit the consummation by Seller of the transactions contemplated pursuant to this Agreement. 12.3 Compliance With Laws. Seller has received no notice and has no actual knowledge of any violation of applicable law, ordinance, rule, regulation or requirement of any governmental agency, body or subdivision affecting or relating to the Property, including, without limitation, any subdivision, building, use or environmental law, ordinance, rule, requirement or regulation. 12.4 Governmental Notices. Seller shall deliver to Buyer each and every notice or communication Seller receives from any governmental body relating to the Property or any portion thereof upon Seller's receipt of the same. 12.5 No Leases. Seller has no actual knowledge of any leases or other agreements (either oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof. 12.6 Future Action. From and after the date hereof, without the prior written consent of Buyer, Seller shall not execute nor consent to the execution o f any lease of any portion of the Property or any other instrument which may result in an alteration o f the condition of title. 12.7 Hazardous Materials. To the best of Seller's actual knowledge (1) there are no Hazardous Materials in existence on or below the surface of the Lard. including, without limitation, contamination of the soil, subsoil or ground water. %vhich constitute a violation or any law, rule or regulation of any government entity having jurisdiction thereof or which expose Buyer to liability to third parties, or (ii) there are no underground fuel or chemical storage tanks located on the Property, and (iii) Seller has not used, nor permitted use of, the Property for the generation, treatment, storage or disposal of Hazardous Materials, or other condition or use that could result in or cause a discharge of any Hazardous Materials on or below the Property. "Hazardous Materials" as used herein means hazardous, toxic or radioactive substances or materials, as the same are defined or described by applicable federal laws or regulations (including the Resource RN #68507 v3 09/20/00 1:07 PM -5- ew0013 Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et M., and any regulations adopted and publications promulgated pursuant to said laws), California laws or regulations (including those substances defined as "Hazardous Substances" in Section 25316 of the California Health & Safety Code, and any regulations adopted and publications promulgated pursuant to said laws). Further, Seller has receive no notification, warning or citation within the last 5 years regarding any violation, or potential or pending violation, of any Hazardous Materials regulations or laws or any other law, statutory provision or regulation regarding the use, condition or status of the Property and Seller has no knowledge of any condition or activity on the Property which will or could, upon passage of time, constitute a violation. 12.8 Environmental Violations. Seller has no knowledge of any condition or use of the Property that constitutes, or if unremedied, with the passage of time would constitute, a violation of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section 2344); (ii) the Federal Clean Air Act (33 U.S.C. Section 7401, et sec .); (iii) the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seMc .); (iv) any State of California law of similar substance or nature controlling or regulating the use or condition of land, water or air (including the California Environmental Quality Act) or (v) any federal or California laws or regulations relating to use of or conservation of wetlands or other natural topographical conditions. Further, Seller has received no notification, warning or citation within the last 5 years regarding any violation or potential or pending violation, of any of such laws or regulations. 12.9 Work and Materials Furnished. All bills for work done and materials furnished with respect to the Property have been paid in full by Seller or will be discharged and paid in full by Seller by the date of Closing. 12.10 Not a Foreign Person. Seller is not, and never has been, a "foreign person" within the meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code of 1954, as amended, or California Revenue and Taxation Code Section 18662, and Seller will furnish to Buyer, prior to the Closing, an affidavit in form satisfactory to Buyer confirming the same. 12.11 Declaration, Covenants, Restrictions. Other than as identified in the Title Report, there are no declarations or covenants affecting the use of the Property; and there is no association which has been formed for the purpose of managing any portion of the Property. RN 968507 v3 09120/00 1:07 PM _6_ CIC!"C014 12.12 Contracts. Except as may be disclosed by the Title Documents, there are no contracts or agreements relating to the operation, development, management or ownership of the Property or any portion thereof. 12.13 Truthfulness at Closing. Except as expressly herein otherwise provided, the representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 13. BUYER'S REPRESENTATIONS. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations, each of which is material and is being relied upon by Seller: 13.1 Authority. Buyer has full power and authority to enter into this Agreement and to consummate the transactions contemplated herein without obtaining the consent or approval of any other person, entity or governmental authority. The person(s) whose name(s) are set forth below hereby personally represent and warrant that they have [Lill power and authority to sign the name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of Buyer. 13.2 Truthfulness at Closini;. The representations of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 14. DEFAULT. 14.1 LIQUIDATED DAMAGES. IF BUYER COMMITS A MATERI.aL DEFAULT UNDER THIS AGREEMENT AND THE CLOSE OF ESCROW FAILS TO OCCUR BY REASON OF SUCH DEFAULT, THEN IN SUCH EVENT, THE ESCROW HOLDER MAY BE INSTRUCTED BY SELLER TO CANCEL THE ESCROW AND SELLER SHALL THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO cSTABLISH SELLER'S DAMAGES BY REASON OF BUYER'S DEFAULT. ACCORDINGLY, BUYER AND SELLER AGREE THAT IT WOULD BE REASONABLE AT SUCH TIME -1 -0 AWARD SELLER RIV #68507 v3 09/20/00 1:07 PM _7_ GV0 ®15 "LIQUIDATED DAMAGES" EQUAL TO TWO THOUSAND DOLLARS ($2,000.00). FOR THE PURPOSE OF THE FOREGOING PROVISIONS OF THIS SECTION, BUYER SHALL BE DEEMED TO HAVE COMMITTED A MATERIAL DEFAULT UNDER THIS AGREEMENT AT THE TIME BUYER IS IN FACT IN DEFAULT AND /OR BUYER NOTIFIES SELLER OF BUYER'S ELECTION TO TERMINATE THIS AGREEMENT AND THE ESCROW AT A TIME WHEN BUYER DOES NOT HAVE THE RIGHT UNDER THE TERMS OF THIS AGREEMENT TO SO TERMINATE THIS AGREEMENT OR THE ESCROW. SELLER AND BUYER ACKNOWLEDGE AND AGREE THAT THE APPLICABLE FOREGOING AMOUNT OF LIQUIDATED DAMAGES ARE REASONABLE AS LIQUIDATED DAMAGES AND SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY IN LIEU OF ANY OTHER RELIEF, RIGHT OF REMEDY, AT LAW OR IN EQUITY, TO WHICH SELLER MIGHT OTHERWISE BE ENTITLED BY REASON OF BUYER'S DEFAULT. ACCORDINGLY, IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AND SUCH FAILURE CONSTITUTES A BREACH OF THIS AGREEMENT, SELLER MAY INSTRUCT THE ESCROW HOLDER TO CANCEL THE ESCROW, WHEREUPON SELLER SHALL BE RELIEVED FROM ALL LIABILITY HEREUNDER. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. ller's Initials Buyer's Initials K6�a 4I 14.2 Seller's Default. In the event that Seller shall fail to perform Seller's obligations hereunder, Buyer shall have the option to: (i) seek specific performance and/or damages for Seller's breach, (ii) extend the Closing for such time as Buyer chooses to allow Seller to remedy such default, (iii) waive such default in writing, (iv) proceed to Closing and deduct from the Purchase Price such amount as required to cure Seller's default hereunder; or (v) terminate this Agreement by written notice to Seller prior to cure of the default. In the event of termination of the Agreement pursuant to this Section 14.2 or otherwise as a result of Seller's default, the parties shall be discharged from any further obligations and liabilities hereunder, except that Buyer shall be entitled to damages arising from Seller's default and the resulting termination of this Agreement. 15. MISCELLANEOUS. 15.1 Risk of Loss The risk of loss or damage to the Property until the Closing is assumed by Seller. If any damage occurs to the Property prior to Closing, Buyer at its sole option may: (i) terminate this Agreement by written notice given to Seller within thirty (30) days of Buyer's receipt of notice of the occurrence of such damage, in which case all monies received hereunder RN M9507 v3 09120 /00 1:07 PM _g_ C3001(; shall be returned to Buyer and this Agreement shall be null and void; (ii) proceed to closing and deduct from the Purchase Price of the Property the amount which will be required to repair such damage, applied first to reduce the cash portion of the Purchase Price; or (iii) Buyer may accept title to the Property without any abatement in the Purchase Price, in which event, on the Closing of Escrow, all insurance proceeds shall be assigned to Buyer and Seller shall pay to Buyer an amount equal to the deductible amount of the insurance award along with any funds theretofore received by Seller in connection with such casualty. 15.2 Notices. All notice or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by telex, telecopy or overnight courier and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States Post Office, (iii) if sent by overnight courier, when delivered to the specified address, or (iv) if given by telex or telecopy, when sent. Any notice, request, demand, direction or other communication sent by telex or telecopy must be confirmed within forty-eight (48) hours by letter mailed or delivered in accordance with the foregoing. To Buyer: City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Attn: Executive Director With a copy to: Burke, Williams & Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017 Attn: Cheryl Kane, Esq. To Seller: Randy and Tracy Marsh 125 Heavenly Valley Rd. Newbury Park, CA 91320 With a copy to: Cheri Olson 816 Camarillo Springs Rd., Suite K Camarillo, CA 93012 RN #6807 Q 09/21/00 2:03 I'M C�0 ©1'7 Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. 15.3 Brokers' Commission. If any claims for brokers' or finders' fees for the consummation of this Agreement arise, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. 15.5 Assignment. Buyer assigns, transfers or conveys its rights or obligations under this Agreement without the prior written consent of Seller; provided, however, that Buyer shall in no event be released from its obligations hereunder by reason of any assignment. No assignment or transfer, if permitted, shall be effective unless each assignee or transferee expressly agrees in writing to be bound by the terms and conditions of this Agreement. Any purported assignment, transfer, or encumbrance in violation of the foregoing may, at the option of Seller, be deemed null and void or be a default hereunder. 15.6 Seller's Use of Property. From and after the date of Seller's execution hereof, Seller shall not grant or convey any easement, lease, license, permit, encumbrance, lien or any other legal or beneficial interest in or to the Property, improvements thereon, mineral or water'rights appurtenant thereto, or any other property rights whatsoever without the prior written consent of Buyer, nor shall Seller violate, or allow the violation of any law, ordinance, rule or regulation affecting the Property. Seller shall do or cause to be done all things reasonably within its control to preserve intact and unimpaired any and all easements, grants, appurtenances, privileges and licenses in favor of or constituting any portion of the Property. Further, Seller agrees to pay, as and when due, all payments on any liens or encumbrances presently affecting the Property and any and all taxes, assessments and levies in respect of the Property through the Close of Escrow. 15.7 Delivery of Materials. Seller shall deliver to Buyer, at no expense to Buyer, within ten (10) days of Seller's execution hereof, copies of any and all contracts affecting the Property (including service and materials contracts), soils investigations and reports, water and sewer studies, topographic maps, photographs, mapping, platting and other materials, if any, concerning the Property, which are owned by Seller or are in Seller's possession. RIV #68507 0 09/20/00 1:07 PM -10- OCOO18 15.8 Survival and Conditions Precedent. Agreements, representations, covenants and warranties contained in this Agreement or any amendment or supplement hereto shall survive Closing and delivery of deed hereunder and shall not be merged thereby, and, in addition to any effect any of the same have in law or in equity, all of the same will be deemed to be conditions precedent to the Buyer's obligations hereunder, whether so expressed or not. Seller acknowledges that all of the conditions to this Agreement which are for the sole benefit of the Buyer may unilaterally be waived by the Buyer. 15.9 Indemnification. Seller agrees to protect, defend, indemnify and hold Buyer harmless from and against any claims, losses, demands, liabilities, suits, costs and damages, including consequential damages and attorneys' fees and other costs of defense, incurred, arising against or suffered by Buyer as a direct or indirect consequence of (i) any breach of any representation, warranty, covenant or indemnification made in this Agreement by Seller, whether discovered before or after the Closing, or (ii) any facts, circumstances or occurrences existing or occurring with regard to the Property prior to the Close of Escrow, except such as are caused by Buyer. 16. GENERAL PROVISIONS. 16.1 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such further instruments and documents and to consummate the purchase and sale herein contemplated, and to effectuate the intent of this Agreement. 16.2 Time of Essence. TIME IS OF THE ESSENCE OF EACH AND EVERY TERM, CONDITION, OBLIGATION AND PROVISION HEREOF. 16.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Faxed copies of signed documents may be considered as originals. 16.4 Captions. Any captions to, or headings of, the paragraph of subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. PJV #68507 Q 09/20/00 1:07 PM -1 I - 0v0®i9 16.5 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. reference. 16.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this 16.7 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 16.8 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 16.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 16.10 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own attorneys', consultants' and other fees and expenses in connection with this Agreement. 16.11 Entire Agreement. This Agreement supercedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by ether party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 16.12 Successors and Assigns. Subject to any limitations on assignment contained herein, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. RIV #68507 0 09120 /00 1:07 PM -12- ea310020 16.13 No Presumption. Each provision of this Agreement has been independently and freely negotiated by both parties as if this Agreement were drafted by both parties. In the event of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or permitting interpretation of said ambiguity against or in favor of either party. 16.14 Attorneys' Fees. In the event that either party is required to commence any action or proceedings against the other in order to enforce the provisions hereof, or in order to obtain damages for the alleged breach of any of the provisions hereof, the prevailing party (which shall be the party receiving the larger award or otherwise receiving the more significant relief) therein shall be entitled to recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including reasonable attorneys' fees. 16.15 Survival. Except as otherwise provided herein, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shalt survive the Closing and shall not merge into any deed, assignment or other instrument executed or delivered pursuant hereto. 16.16 IRS Real Estate Sales Reporting. Buyer and Seller hereby appoint Escrow Agent as, and Escrow Agent agrees to act as "the person responsible for closing" the transactions which are the subject of this Agreement, pursuant to Internal Revenue Code of 1986 Section 6045(e). Escrow Agent shall prepare and file the informational return (IRS Form 1099 -S) required by and otherwise comply with the terms of IRS Section 6045(e). 17. AGENCY APPROVAL Seller acknowledges that no representation, statement or act of any agent, attorney or employee of Buyer shall be binding upon Buyer until and unless such representation, statement or act is duly approved or ratified by the governing board of Buyer. 18. ACQUISITION UNDER THREAT OF CONDEMNATION The public interest and necessity require acquisition of the property for use as the site of a fire station. To that end, Buyer gave notice to Seller on September 1, 2000 that it would consider commencing proceedings to acquire the Property by means of eminent domain at a hearing to be held on September 20, 2000. By purchasing the Property at a price that exceeds buyer's approved appraisal of the fair market value of the Property, buyer intends merely to avoid the time and expense associated with litigation and buy its peace. RiV #68507 0 09/20/00 1:07 PM -13- 030021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. This Agreement creates certain legal rights and responsibilities as described herein and all parties should consider obtaining legal advice prior to execution of it. "Buyer" City of Moorpark Redevelopment Agency (Note: Buyer Must Also Initial Section 14) By: �l Steven Kueny Executive Director "Seller" Ran arsh (Note: Seller Must Also Initial Section 14) V racy E. M h racy Marsh RIV #68507 v3 09/20/00 1:07 PM -14- 0000 2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: LOT 1, IN BLOCK "E ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIML VENTURA COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. PARCEL 2: LOT 2, IN BLOCK E, AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SM11, VENTURA COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. RIV #68507 v3 09/20/00 1:07 PM 000023 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: CITY CLERK City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 a m i IC MEMORANDUM OF PURCHASE AND SALE AGREEMENT By instrument dated September 20, 2000, City of Moorpark Redevelopment Agency (`Buyer ") and Randy Marsh and Tracy E. Marsh, aka Tracy Marsh ( "Seller ") entered into an Agreement with respect to the real property described on Appendix 1 attached hereto located in the County of Ventura, State of California ( "Property"). The Agreement grants, and this Memorandum hereby grants, to Buyer the right to purchase the Property pursuant to the provisions contained therein. Other than as provided in the Agreement, any sale, transfer, conveyance or encumbrance of the Property shall be subject to and subordinate to Buyer's various rights and interest as contained therein. The Agreement contains provisions granting Buyer certain rights and interest in any amount or proceeds paid or owing to Seller as a result of condemnation of the Property, or portions thereof, and restricts Seller's right to enter into any settlement or other agreement in connection with any condemnation of the Property, or a portion thereof. This Memorandum is made solely for the benefit of Buyer, for recording purposes, and does not in any manner enlarge or reduce the respective rights, privileges, liabilities or obligations of Seller and Buyer under the Agreement. Any notice or inquiry with regard to the Agreement may be directed to Buyer at 799 Moorpark Avenue, Moorpark, California, 93021. This Memorandum is executed as of the 20th day of September, 2000. "Buyer" City of Moorpark Redevelopment Agency By: �1'L it Steven Kueny Executive Director RN #68507 v3 09/20/00 1:07 PM _ 1 _ 0 0002 MOORPARK REDEVELOPMENT AGENCY 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. On this 20th day of September in the year 2000, before me Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, personally appeared Steven Kueny, personally known to me to be the person who executed this instrument as the Executive Director of the Redevelopment Agency of the City of Moorpark and acknowledged to me that the Agency executed it. Witness my hand and Official Seal M `%y) ESTABLISHED Deborah S. Traf fenste t MARCH 18. 1987 City Clerk and Agency Secretary V. F 0010025 "Seller" R d arsh racy E. Mars / Tracy Marsh [ADD NOTARY BLOCKS, AS APPROPRIATE] RN #68507 v3 09/20/00 1:07 PM _2_ 01 0®26 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California r��f,� ss. County of V On �, 1 ° o, before me, %�I7u Date n Name and Title of Officer (e.g., 'Jane otary Public ") personally appeared I �) rvgl ✓h Af k1 72p&/ K,-- - M , rLl Name(s) of Signer(s) B Q ARIF H. A;; S r comm. #1195290 NOTARY PUBLIC - CALIFORNIA M >Y • VENTURA COUNTY C U) My Comm Expires —+ SEPTEMBER 30, 2002 Place Notary Seal Above if e 2'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)_.j6/are subscribed to the within instrument and acknowledged to me that a /they executed the same in his�her /their authorized capacity(ies), and that by hisiber /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my nd�andlo�fficia`l seal �t /C9- -C Signjy of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DpcurY,tMaUe_, j-7 Title or Type of Document: It � �( L Document Date: �! Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clai d ���gnef,, -S� Signer's Name: ��GG l/ �r�t r individual Top of thumb here Corporate Officer — Title(s): -j Partner — Limited 'Ej General !_ Attorney in Fact Trustee i Guardian or Conservator - -- -- i i� Other: Signer Is Representing: _ I I X aS 'Al r 'i 4 1939 National Notary Association " 9350 De Soto Ave., Po. Box 2402 " Chatsworth. CA 913132402 " www.rationalnotary.org Prod. No. 5907 Reorder Caul Toll -Free 1 800.876 -3827 0000027 APPENDIX 1 LEGAL DESCRIPTION PARCEL 1: LOT 1, IN BLOCK "E ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA. COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. PARCEL 2: LOT 2, IN BLOCK E, AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. -3- X0028 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2000/01 BUDGET BY APPROPRIATING $225,000 FOR THE PURCHASE OF REAL PROPERTY AT 285 AND 297 HIGH STREET (APN 512 -0- 093 -100 and 512 -0- 093 -110). WHEREAS, the Redevelopment Agency desires to appropriate funds from the Agency Set -aside Account to purchase property for future affordable housing development; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact to the budget line item. NOW, THEREFORE, THE AGENCY BOARD OF DIRECTORS OF THE CITY OF MOORPARK REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment to allocate $225,000 from set -aside funds for the purchase of real property At 285 and 297 High Street, as more particularly described as APN 512 -0- 093 -100 and 512 -0- 093 -110, in the City of Moorpark, California, is hereby approved. SECTION 2. adoption of the resolution to be The Agency Secretary shall certify to the resolution and shall cause a certified filed in the book of original resolutions. PASSED AND ADOPTED this 4th day-of October 2000. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 000029 Attachment: Exhibit A Resolution No. EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 2901 Set -Aside Funds $225,000 $ 225,000 $ 225,000 B. Budget Appropriation: Budget Number Budgeted Revision New Budget 2901- 5420 - 0000 -9610 -0- $ 225,000 $ 225,000 F � Reviewed 0OVOO -3®