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HomeMy WebLinkAboutAG RPTS 2003 0604 RDA REGEN JESTABLISHED lAmm Is.1Mt F01 n of Resolution No. 2003 -121 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, JUNE 4, 2003 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3 . PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: 5. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of May 21, 2003. Staff Recommendation: Approve minutes. B. Consider Approval of Construction Agreement for Three Single - Family Detached Homes with Colmer Construction on Agency -Owned Property at the Northwest Corner of Millard Street and Los Angeles Avenue. Staff Recommendation: 1) Approve Construction Agreement subject to final language approval by the Executive Director and Agency Counsel; and 2) Adopt Resolution No. 2003- amending the Agency Operating Budget. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) C. Consider Community Development Fund Transfers. Staff Recommendation: Adopt Resolution No. 2003 - amending the FY 2002/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. ROLL CALL VOTE REQUIRED (Staff: Cynthia Borchard) Redevelopment Agency Agenda June 4, 2003 Page 2 5. CONSENT CALENDAR: (Continued) D. Consider Resolution Approving an Agreement by and Among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in Residential Planned Development (RPD) 99 -1, Tentative Tract (TT) 5181 to a Low Income Family at an Affordable Housing Cost and Amending the Fiscal Year 2002/2003 Budget. Staff Recommendation: 1) Approve Resolution No. 2003- , approving the Purchase and Sale Agreement and amending the FY 200/2003 budget to appropriate $160,000 for this purpose; and 2) Direct the Chair of the Redevelopment Agency to execute Purchase and Sale Agreement, subject to final language approval by the Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED (Staff: Nancy Burns) E. Consider Acquiring the Property at 467 East High Street (APN 512 -0- 081 -110) for a Negotiated Sale Price of $450,000 and $3,000 Closing Costs. Staff Recommendation: Approve the acquisition and adopt Resolution No. 2003 - amending the Agency Budget. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) 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) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Mission Bell Plaza Phase II, LLC, a California limited partnership vs. Redevelopment Agency of the City of Moorpark (Case No. SCO28906) 7. ADJOURNMENT: Redevelopment Agency Agenda June 4, 2003 Page 3 Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public nearing 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 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 (805) 517 -6223. 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 (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this 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, June 4, 2003, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 30, 2003, 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 May 30, 2003. Maureen Benson, Deputy City Clerk CM' OF MOORPARK, CALIFORNTA ITEM 5.'A. Redevelopment Agency Meeting of G - Al- A Dog ACTION: -- $y.� MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California May 21, 2003 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on May 21, 2003, 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 7:27 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Millhouse, Parvin, and Chair Hunter. Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant Executive Director; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of Grant Agreement for Building and Site Improvement Grant to Catholic Charities Los Angeles, Inc. for $28,300 for a Temporary Location of Their Moorpark Service Center. Staff Recommendation: 1) Approve Grant Agreement with Catholic Charities Los Angeles, Inc. subject to final language approval by the Executive Director and authorize Executive Director to sign Agreement on behalf of the Agency; and 2) Adopt Resolution No. 2003 -117, amending the Agency Operating Budget. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report. In response to Chair Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Agency Member Millhouse moved and Agency Member Harper seconded a motion to: 1) Approve Grant Agreement with Catholic Charities Los Angeles, Inc. subject to final language approval by the Executive Director and authorize Executive Director to sign Agreement on behalf of the 000001 Minutes of the Redevelopment Agency Moorpark, California Page 2 May 21, 2003 Agency; and 2) Adopt Resolution No. 2003 -117, amending the Agency Operating Budget. The motion carried by unanimous roll call vote. B. Consider Modification to Terms and Conditions for Agency Financing to Janss IV Recreation Inc. for Theater on High Street and Amend Agency Budget. Staff Recommendation: 1) Approve the modification to the terms of the loan to Janss IV Recreation as stated in the agenda report; and 2. Approve Resolution No. 2003- 118, amending the Agency Budget. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report. Agency Member Harper stated that the Budget and Finance Committee agrees with the staff recommendation, and rather than Mr. Janss tying up the full amount of the funds in a bank account, the bank is taking first position on the note applied to the building, which is the most flexible position. He also stated the City and Agency are protected, and this allows Mr. Janss some liquidity. Lawrence Janss, representing Janss IV Recreation, Inc., 1408 East Thousand Oaks Boulevard, stated he is available for questions. In response to Agency Member Mikos, Mr. Janss stated he is happy with staff's recommendation. MOTION: Agency Member Millhouse moved and Agency Member Harper seconded a motion to: 1) Approve the modification to the terms of the loan to Janss IV Recreation as stated in the agenda report; and 2) Approve Resolution No. 2003- 118, amending the Agency Budget. The motion carried by unanimous roll call vote. 5. CONSENT CALENDAR: MOTION: Agency Member Millhouse moved and Agency Member Parvin seconded a motion to adopt the Consent Calendar. The motion carried by unanimous roll call vote. 000G02 Minutes of the Redevelopment Agency Moorpark, California Page 3 May 21, 2003 A. Consider Approval of Minutes of Regular Meeting of May 7, 2003. Staff Recommendation: Approve minutes. B. Consider Adoption of Resolution Rescinding Resolution No. 2003 -115 Amending the Agency Budget for the Purchase and Sale of Property at 47 -51 West High Street. Staff Recommendation: Adopt Resolution No. 2003 -119. C. Consider Resolution Amendin Redevelopment Agency Fiscal Year Provide for Professional Contract to Demolition of Agency -owned Recommendation: Adopt Resolution CALL VOTE REQUIRED. 6. CLOSED SESSION: None was held. 8. ADJOURNMENT: 3 the Moorpark 2002/2003 Budget to ual Services Related Structures. Staff No. 2003 -120. ROLL MOTION: Agency Member Harper moved and Agency Member Mikos seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 7:32 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000003 ITEM s . B. CITY OF MOORPARK, CALTFORNIA Redevelopment Agenev Meeting of 4- — ACTION: A.0efi=Jd Ado I MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Board of Directors FROM: Hugh R. Riley, Assistant Executive Directo DATE: May 28, 2003 (MRA) Meeting of 6/4/03) SUBJECT: Consider Approval of Construction Agreement for Three Single - Family Detached Homes with Colmer Construction on Agency -Owned Property at the Northwest Corner of Millard Street and Los Angeles Avenue DISCUSSION On November 21, acquired a .33 Angeles Avenue purchased with Funds. 2001, the Moorpark Redevelopment Agency acre site at the northwest corner of Los and Millard Street. The property was Agency Low and Moderate Income Housing On May 1, 2002, the City Council approved a request by Colmer Development Company for TTM No. 5307, RPD Permit No. 2001 -01, General Plan Amendment No. 2001 -01, Variance (VAR) No. 2002 -01, and introduced Zone Change No. 2001 -01 for first reading. These approvals included the subdivision of +2.44 acres into twenty -two single- family, residential lots and the construction of twenty -two single- family units (including three affordable units) located on the northeast corner of Los Angeles Avenue and Flory Avenue. On May 7, 2002, Colmer Development Company submitted an application for a Major Modification to the Tract and Minor Modification to the RPD Permit to include the Agency -owned 000:04 Agency Board of Directors May 27, 2003 Page 2 .33 acre site which is situated to the east and directly adjacent to the approved project. The City Council, on October 2, 2002, initiated General Plan Amendment No. 2002 -04 and Zone Change 2002 -04 for this 0.33 acre site. On October 14, 2002, the Planning Commission held a public hearing on the proposed addition to the Map, along with the required accompanying projects. The Planning Commission recommended approval of the General Plan Amendment, Zone Change, Modification to the Tentative Tract Map and Modification to the Residential Planned Development, subject to conditions of approval, which are attached to the draft resolution accompanying this report. The proposed modifications, General Plan Amendment and Zone Change allowed this property to be included within the tract, subdivided to a size consistent with other lots in the tract, and developed with a housing product similar to the other lots in the tract. On October 22, 2002 the City Council approved the General Plan Amendment, Zone Change, Modification to the Tentative Tract Map and Modification to the Residential Planned Development a modification to Tentative Tract Map No. 5307 adding the Redevelopment Agency -owned property to the subdivision as an additional three lots for the construction of three, affordable homes to be built by Colmer Construction based on the approved plans, specifications and amenities of Colmer's project. Staff has prepared a Construction Agreement between the Redevelopment Agency and Colmer Construction which provides that Colmer will construct three units of the same size and design as the twenty -two homes planned and the Agency will purchase these homes for the base construction cost of $127,500 per home or a total of $382,500 using the Agency's Low and Moderate Income Housing Fund. The Agency will also pay the following applicable city development and related fees for each home: WATER CAPITAL IMPROVEMENTS METERS, PERMITS, INSPECT SEWER FLOOD SCHOOL @ $2.14 / SF QUIMBY 0 00Ge5 Agency Board of Directors May 27, 2003 Page 3 PLANNING TRAFFIC INTERSECTION ASSESSMENTS TSM LA AOC POLICE FACILITIES LIBRARY FACILITIES FIRE FACILITIES These are estimated to total about $25,000 per house. Colmer Construction will pay all other fees associated with the construction of the three affordable units including but not limited to building and safety, engineering and planning. The homes will ultimately be sold by the Agency to low income qualified buyers. STAFF RECOIWENDATION 1. Approve Construction Agreement for three single family homes with Colmer Construction subject to final language approval by the Executive Director and Agency Counsel. 2. Adopt Resolution No. 2003 - Amending the Agency Operating Budget (ROLL CALL VOTE REQUIRED) Attachments: Construction Agreement Resolution No. 2003- 000006 CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT (the "Agreement ") is made and entered into as of the day of , 2003, by and between COLMER CONSTRUCTION, a California Corporation (hereinafter referred to as "CONTRACTOR ") and MOORPARK REDEVELOPMENT AGENCY (hereinafter referred to as "AGENCY "). RECITALS WHEREAS, certain tax monies allocated to the AGENCY are maintained by the AGENCY in a Low and Moderate Income Housing Fund; and WHEREAS, such funds are to be used by the AGENCY for the purpose of increasing, improving and preserving the supply of low and moderate - income housing units within the territorial jurisdiction of the AGENCY pursuant to California Health & Safety Code Section 33334.2(e) and 33334.3(c); and WHEREAS, the AGENCY acquired certain property with monies from its Low and Moderate Income Housing Fund, said property being contiguous to property owned by the CONTRACTOR where other new dwelling units are planned WHEREAS, the AGENCY desires that the CONTRACTOR construct certain affordable housing units on the Agency's property as provided in this Agreement, to be paid for through the use by the AGENCY of monies in its Low and Moderate Income Housing Fund. NOW, THEREFORE, IT IS AGREED by and between the CONTRACTOR and the AGENCY as follows: 1. CONSTRUCTION, LOCATION AND CONTRACT AMOUNT 1.1 Construction: CONTRACTOR agrees to furnish all labor, materials, permits, tools and equipment necessary to construct and complete in a good and workmanlike manner, and in accordance with the terms and provisions of this Agreement, all site, building improvements and other work (collectively, the "Work ") as described in the Scope of Work (the "Scope of Work ") attached to this Agreement. 1.2 Location: The Work is to be performed on the property (the "Property ") owned by the AGENCY and located at the northwest corner of Millard and Los Angeles Avenues, formerly 213 E. Los Angeles Avenue, APN # 512 -0- 121 -065 and 203 East Los Angeles Avenue, APN 512 -0 -121 -045. The Property will become part of Tract 5307 as Lots 23, 24 and 25. The Property is approximately 14,400 square feet. 1.3 Contract Amount: AGENCY will pay to CONTRACTOR the sum of $382,500.00 (the "Contract Price ") for the Work. Payment of the Contract Price will be made as OOOG 0'7 provided in Section 3 of this Agreement, and the Contract Price is subject to adjustment as provided in Section 3 of this Agreement. 2. CONTRACT DOCUMENTS 2.1 Description of Contract Documents. The CONTRACTOR agrees to perform the Work in strict accordance with the following documents (collectively, the "Contract Documents "): (a) All construction drawings and specifications prepared by the architectural firm of LSA and Associates and the civil engineering firm of Skyview Engineering. (b) This Agreement. 2.2 Compliance With Contract Documents. The CONTRACTOR agrees that it will perform Work in such a manner as not to violate the terms of any of the Contract Documents. The Contract Documents are intended to supplement each other so that any work mentioned in one of those documents, but not in the others, will be performed in the same manner as if mentioned in all of the documents. If a conflict arises between any of the Contract Documents, the specifications will control over the drawings, and this Agreement will control over both the drawings and the specifications. CONTRACTOR and AGENCY acknowledge that each has had an opportunity to read each and all of the Contract Documents, and that a copy of each of the Contract Documents has been made available for their inspection. 3. CONTRACT PRICE 3.1 Payment. AGENCY and CONTRACTOR agree that the Contract Price will be allocated to the various components of the Work as specified on Exhibit "A" attached to this Agreement. A description of each component of the Work is also included in Exhibit "A ". On or about the 30th day of each month following the execution of this Agreement, CONTRACTOR shall submit to AGENCY a written application for payment specifying the percentage of the value (based upon the Contract Price and its allocation to each component of the Work) of each component of the Work completed as of the date of such application and the corresponding amounts (after crediting previous payments, if any) for which payment is being requested. Unless AGENCY disputes the amount of the payment being requested, in which case the AGENCY may withhold the disputed amount pending resolution of the dispute, the AGENCY will make payment to CONTRACTOR of all but ten percent (10 %) (the "Retention ") of the requested amounts within fifteen (15) days after receipt of the application. In addition, the AGENCY may decline to approve an application for payment and may withhold payment in whole or in part to the extent necessary to protect from loss because of (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; or (3) failure of the CONTRACTOR to make payments to its subcontractor or for labor, materials or equipment. (a) By way of illustration, and not limitation, of the foregoing, if thirty percent (30 %) of the value of the "Direct Construction" component of the Work and fifty percent (50 %) 2 000008 of the value of the "Site Improvements" component of the Work has been completed, and if no dispute or other basis for withholding payment exists, the AGENCY shall pay to CONTRACTOR, after crediting any previous payments, the amount of Seventy -Two Thousand Four Hundred Seven and 25/100 Dollars ($72,407.25) on account of those components of the Work, while keeping a total Retention of Eight Thousand Forty -Five and 25/100 Dollars ($8,045.25) on account of those components. 3.2 Adjustment. AGENCY and CONTRACTOR agree that the portion of the Contract Price allocated to the "Direct Cost' ' and "Site Improvement" components of the Work is based upon current cost estimates. Unless construction is delayed by the CONTRACTOR, the portion of the Contract Price allocated to those components shall be adjusted based upon the increase, if any, in the Marshall Valuation Service, Comparative Cost Index for Wood Frame Buildings in Los Angeles, California (the "Index "). The Index published for April 2003 (which is agreed to be 2209.9) shall be compared with the Index published three (3) months prior to the date a Certificate of Occupancy is issued and the portion of the Contract Price allocated to the "Direct Cost" and "Site Improvement" components of the Work shall be increased in the same proportion as any increase in the Index. Thus, the formula for any increase is: "Direct Cost/Site Improvements" x Index 3 mo. prior to C of O = Adjusted Cost of "Direct Cost/ 2209.9 Site Improvements ". EXAMPLE: $218,175 X 2245.8 _ 2209.9 = $221,719.27 3.3 Completion. Upon receipt by AGENCY of a written notice from the CONTRACTOR that the Work is substantially complete, AGENCY shall promptly inspect the Work and, if AGENCY finds it has been substantially completed in accordance with the Contract Documents, AGENCY shall execute and record a Notice of Completion in the manner prescribed by law. Final Acceptance of the Project by AGENCY shall occur after all work is fully completed, including all punch -list and pick -up items. Prior to Final Acceptance, CONTRACTOR shall deliver to AGENCY, in writing, a Certificate of Occupancy for all three homes. Except for amounts which are being withheld as provided for in this Agreement or which relate to incomplete punch -list and pick -up items, the Agency shall make final payment of the Contract Price, including the Retention, forty-five (45) days following recordation of the Notice of Completion. 3.4 Payment for Extra Work. No additional work not shown on the present drawings and specifications shall be performed unless approved in writing, in advance, by the AGENCY. The cost of any extra work shall be agreed upon between AGENCY and CONTRACTOR prior to the performance of the extra work, and shall be added to the Contract Price and paid on completion of the additional work or as otherwise agreed in writing between AGENCY and CONTRACTOR. 3.5 No Waiver by Payment. The recordation of a Notice of Completion of the Work by AGENCY, the payment to CONTRACTOR of any progress payment or the full Contract Price, or the taking of possession or utilization of the completed Work by AGENCY or any other occupant will not relieve CONTRACTOR of liability for defective materials or workmanship used in completion of the Work, or for failure to perform the Work according to the Contract 3 000009 Documents. Acceptance by CONTRACTOR of any payment provided for in this Agreement will be a representation by CONTRACTOR to AGENCY that all work required by the Contract Documents to be performed before the payment became due has been completed in accordance with the terms of the Contract Documents. 4. TIME FOR COMPLETION Unless delayed by one of the causes mentioned in Section 7 of this Agreement, CONTRACTOR agrees to complete the Work by not later than 92003. 5. CHARGES AND LIENS CONTRACTOR agrees to pay all charges and costs incurred by CONTRACTOR for labor and materials used and other services provided in performing the Work as they become due such that upon completion of the Work the same will be delivered to AGENCY free from all liens and claims of laborers, mechanics and materialmen. If CONTRACTOR fails to pay any such charge or cost, AGENCY may pay the same on CONTRACTOR'S behalf, and CONTRACTOR agrees to reimburse AGENCY therefor immediately upon demand; alternatively, AGENCY may deduct the amount of such payment from amount payable to CONTRACTOR under this Agreement. 6. INSURANCE AND INDEMNITY 6.1 Workers' Compensation Insurance. CONTRACTOR shall, at its sole expense, procure and maintain during the continuance of this Agreement a policy of workers' compensation insurance providing coverage at least equal to that required by California law. CONTRACTOR shall also require each subcontractor to procure and maintain such workers' compensation insurance. CONTRACTOR shall provide AGENCY with satisfactory evidence of such insurance upon request. 6.2 General Liability Insurance. CONTRACTOR shall, at its sole expense, procure and maintain during the continuance of this Agreement a policy of comprehensive general liability insurance providing coverage in an amount not less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury, death and/or property damage occurring on or about the Property. This insurance must include broad form contractual liability insurance insuring CONTRACTOR'S obligations under Section 6.3 of this Agreement, but the limits of such insurance shall not limit CONTRACTOR'S obligations under this Agreement. AGENCY shall be named as an additional insured in such policy. Such insurance shall be primary and non - contributing with any insurance which AGENCY may chose to carry. CONTRACTOR shall provide AGENCY with satisfactory evidence of such insurance upon request. 6.3 Indemnification. CONTRACTOR agrees to indemnify, protect, defend and hold AGENCY and its officials, officers, agents and employees, and each of them, harmless from and against all claims, losses, liabilities, damages, actions, judgments, costs and expenses (including, without limitation, attorneys' fees and costs) which they or any of them may suffer or incur 4 0000io arising or resulting from the death or injury of any person or persons, or from the damage or destruction of any property or properties, caused by or connected with the performance of this Agreement and the Work by CONTRACTOR or its subcontractors, agents and employees. The provisions of this Section 6.3 shall survive the termination of this Agreement and the completion of the Work. 7. UNAVOIDABLE DELAYS Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil unrest, fire or other casualty, inclement weather, and other causes (except financial inability) beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage. 8. WARRANTIES CONTRACTOR acknowledges that the housing units constituting the Work will not be occupied by the AGENCY, but, rather, will be sold by the AGENCY to persons of low and moderate income. CONTRACTOR agrees that all warranties by CONTRACTOR with respect to the Work shall inure to the benefit of and be enforceable by the ultimate occupants of the housing units, and that all warranties by subcontractors and suppliers shall, to the extent assignable, inure to the benefit of and be enforceable by such occupants. 9. LICENSE CONTRACTOR certifies that it holds a Type B License from the State of California to act as a General Contractor and that this License bears number 808761. The CONTRACTOR'S Federal ID number is 95- 4047019. 10. OTHER TERMS 10.1 Notices. All notices and other communications which a party desires or is required to give respecting this Agreement must be in writing addressed to the recipient party at its address set forth beneath its signature to this Agreement and must be given personally (including by commercial messenger or courier) or by First Class United States Mail, postage prepaid. Notices shall be deemed to have been effectively given, if given personally, upon receipt (or upon attempted delivery if receipt is refused), and if mailed, three (3) business days following deposit in the United States Mail. A party may change its address for notices only by a notice given in the foregoing manner. 10.2 Amendments and Waivers. No term or provision of this Agreement can be amended or waived, either orally or by a course of conduct, but only by an instrument in writing signed by the party against whom enforcement of such amendment or waiver is sought. 10.3 Entire Agreement. This Agreement, together with the other Contract Documents, is the entire agreement and understanding of the parties with respect to its subject matter and it 5 000011 supercedes all prior and contemporaneous agreements and understandings of the parties with respect to that subject matter. 10.4 Headings and Attachments. The title of this Agreement and the headings of its sections are for convenience of reference only and are not to be referred to in interpreting or construing this Agreement. However, all attachments and exhibits to this Agreement, as well as the Recitals, are a part of this Agreement. 10.5 Governing Law and Interpretation. This Agreement is to be governed by and construed in accordance with the law of the State of California. No term or provision of this Agreement is to be construed against a party by reason of its having drafted the same. This Agreement is made, entered into and executed in Ventura County, California, and any action filed in any court for the interpretation, enforcement or other action arising from any term, covenant or condition herein shall be filed in Ventura County. AGENCY: MOORPARK REDEVELOPMENT AGENCY By: Executive Director Attest: By: Agency Secretary Approved as to Form: City Attorney Address: 799 Moorpark Avenue Moorpark, California 93021 Telephone: Fax: Emergency #: CONTRACTOR: COLMER CONSTRUCTION, A California Corporation By: Wayne Colmer, President 5000 Parkway Calabasas, Ste. 110 Calabasas, CA 91302 Telephone: (818) 222 -5666 Fax: (818) 222 -5668 Contractor's License #808761 6 ©0OC12 SCOPE OF WORK 1. Contractor to complete construction of three homes and site improvements on Agency's Property per the plans and specifications of the architect, civil engineer and all applicable government codes and regulations. 2. Homes are to be built with materials comparable to those materials used in the development of the Contractor's comparable three affordable homes it is building within Tract 5307. 3. Contractor's price includes all house interior and exterior building materials and all fees and permits related thereto; architecture; structural, civil, and Title 24 survey, and soils engineering; site improvements including grading, sewer, water, storm drain, underground telephone, underground electric, underground CATV and gas, street paving, curb and gutters, sidewalks, street lights, erosion control; front yard landscaping; side and rear yard walls; and the demolition of the two existing houses. Houses shall include the same amenities and appliances included in the other affordable units in Tract 5309; and fees and permits related thereto 4. The following costs are excluded from this Agreement and are to be paid by the Agency: finance expense including interest and points related to the subsequent sale of the homes, property taxes, permits and fees in as described in Exhibit A, land acquisition cost of the subject Property, title insurance, legal expenses, marketing, and closing costs associated with the sale of these three homes, recording fees and transfer taxes, utility deposits, special assessments, existing utility undergrounding, course of construction and general liability insurance, rear yard landscaping and rear yard concrete walks and patios except concrete improvements required by code., tentative map revision and major modification filing fees and civil engineering as a result of the addition of this Property to Tract 5307. 7 000013 EXHIBIT A CONTRACTOR TO BE PAID PROGRESSIVELY ON A PERCENTAGE OF WORK COMPLETED BASED ON THE FOLLOWING PAYMENT SCHEDULE: Plus adjustments based on the percentage increase from the April 2003 Marshall Valuation Service Construction Cost Index. 0000.4 CONSTRUCTION COST PER HOUSE X 3 TOTAL HOUSE CONSTRUCTION 47,725.00 143,175.00" SITE IMPROVEMENTS 25,000.00 75,000.00' ARCHITECTURE 3,000.00 9,000.00 DEMOLITION 9,500.00 28,500.00 CONTRACTOR'S FEE AND SUPERVISION 10,637.00 31,911.00 INDIRECT AND OVERHEAD 5,000.00 15,000.00 FRONT YARD LANDSCAPING AND FLATWORK 2,500.00 7,500.00 FENCING 5,200.00 15,600.00 CIVIL ENGINEERING AND SURVEY 4,250.00 12,750.00 PERMITS AND FEES 10,938.00 32,814.00 FINAL MAP AND IMPROVEMENT PLANS 3.750.00 11,250.00 CONTRACT AMOUNT $127,500.00 $382,500.00 Plus adjustments based on the percentage increase from the April 2003 Marshall Valuation Service Construction Cost Index. 0000.4 EXHIBIT A PAYMENT SCHEDULE House Construction - Board and nail cost to construct the house and garage building shell and interior improvements. Amount to be adjusted based on the construction cost index of 7102. Contractor to be paid monthly based n percentage of completion. Site Improvements - Onsite grading, sewer, water, storm drain, CAN, electrical, gas, telephone, street paving, bonds, etc. based on tentative map requirements. Amount to adjusted based on the construction cost index of 7/02. If additional improvements are required beyond those anticipated on the Tentative Map, the City shall pay 3125 of the additional costs. Contractor to be paid monthly based on a percentage of completion. Architecture - Architecture, structural engineer, Title 24 and blueprints to be paid by Colmer. Contractor to be paid in full when building permits are issued. Demolition - Removal of the two existing structures, their driveways and walls, swimming pool and dump fees. Excludes premiums for asbestos and hydrocarbon removals. Contractor to be paid upon completion of demolition. Contractor's Fee, Indirect & Overhead - Fixed price that covers all supervision labor, payment processing and Contractor fee, plus a prorate share of costs for hourly construction labor, temp power and toilets, construction fencing, construction office supplies, construction trailer, etc. to be paid monthly once grading begins prorated over nine months at $5,212 per month. Front Yard Landscaping and Flatwork - Front yard and LA Ave parkway landscaping per plan; concrete driveway and walks in front yards only. Contractor to be paid upon installation. Fencing - Garden and perimeter masonry walls 5' to 10' tall and wrought iron gates to be paid upon installation as work is completed. Civil Engineering and Survey - All costs for field engineering and staking to be paid upon issuance of grading permits. Permits and Fees - Colmer to pay $10, 938 per house (See attached schedule); all other fees and permits, omitted fees and permits and increase to be paid by City. Colmer to be reimbursed as fees are paid. Tentative Parcel Map - City to pay all costs to Civil Engineer for costs of tentative map and PD modifications. Final Map Engineering - Assumes improvement plans for the redevelopment property are added to th e2.3 acre school property. If separate sheets are required for final map and improvement plans for the redevelopment property, add $21,270. Colmer to pay for the onsite storm drain design for the redevelopment property from Millard to LA Ave. To be paid upon recording of final map. 2 0000I5 RESOLUTION 2003- A RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS, MOORPARK, CALIFORNIA, AMENDING THE ADOPTED FY 02/03 MOORPARK REDEVELOPMENT AGENCY BUDGET TO PURCHASE THREE SINGLE - FAMILY HOMES FROM COLMER CONSTRUCTION AND PAY ALL ASSOCIATED CITY DEVELOPMENT FEES FOR A TOTAL COST OF $457,500 WHEREAS, on June 5, 2002, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2002/2003; and WHEREAS, the Moorpark Redevelopment Agency Board of Directors approved a Redevelopment Agency budget to be funded by Moorpark Redevelopment Tax Increment funds; and WHEREAS, on November 21, 2001, the Moorpark Redevelopment Agency acquired a .33 acre parcel for the development of affordable homes in furtherance of the goals of the City of Moorpark General Plan, Housing Element; and WHEREAS, the .33 acre site has been made a part of Tentative Tract Map No. 5307 approved by the City of Moorpark on May 7, 2002; and WHEREAS, Colmer Construction intends to construct twenty - two single- family detached homes and an additional three homes of the same design on the .33 acre site; and WHEREAS, the Moorpark Redevelopment Agency Board of Directors now wishes to amend the adopted budget to reflect the cost to purchase the three additional homes from Colmer Construction for $382,500 and pay all associated City Development Fees totaling $75,000 using the Agency's Low and Moderate Income Housing Set Aside Fund. NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS: 000CIG Resolution No. 2003 - Page 2 SECTION 1. That a budget amendment in the amount of $437,428 in Agency Low and Moderate Income Housing Set Aside Funds, as described in Exhibit "A" attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of June, 2003. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit A: Budget Amendment Detail 0019G I7 Resolution. No. 2003 - Page 3 EXHIBIT A BUDGET AMENDMENT DETAIL Funding Sources Fundina Source Account Amount MRA Low Mod Housing 2901 $457,500 Appropriations Current New Budget Budget Budcet -nit Object Amount Change Amount 29Ci- 2420 -0500 9610 -0- $457,500 5457,500 Approved as to form: __�Lb 000GIS ITEM s . c . CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting Al a,9 03 ACTION: 1}� C6�rc�a_c., t da.�scT T r ' Al A P. Y: A, Al MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Chair and Board of Directors FROM: Cynthia L. Borchard, Administrative Services Director DATE: May 29, 2003 (Agency Meeting of June 4, 2003) SUBJECT: Community Development Fund Transfers BACKGROUND It has been projected that the Community Development Fund will show a deficit at the end of this fiscal year (2002 -03) in the amount of $278,121. This deficit was projected to be $427,881 in the FY 2002 -03 budget. A transfer in the amount of $300,000 from various Funds is proposed to balance the Fund. DISCUSSION Due to a decrease in activity tied to new development, Departmental revenues are not sufficient to cover expenditures. One of the options suggested in the 2002 -03 budget was to transfer cash from other Funds that have been served by the Community Development Department in the past two years. This has been analyzed by the Community Development staff and reviewed by the City Manager and the following transfer is proposed to the Community Development Fund: • General Fund (1000) $150,000 • Traffic System Management Fund (2001) $50,000 • City -Wide Traffic Fund (2002) $50,000 • Redevelopment Fund (2902) $50,000 Total $300,000 0"90019 Honorable Agency Board of Directors June 4, 2003 Page 2 Sufficient funds are available within the various Fund balances to provide for this transfer. It appears on a long -term basis the General Fund will need to contribute approximately $350,000 per year to staff the Department to serve the general public. This is equivalent to the Director, Administrative Secretary and Code Enforcement Officer's salaries and benefits including code enforcement operating and legal costs for FY 2003/04. This change is proposed in addressing the Fund deficit in the FY 2003/04 budget. STAFF RECOMMENDATION: (Roll Call Vote Required) Adopt Resolution No. 2003- amending the FY 02/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. 000020 RESOLUTION NO. 2003- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY APPROPRIATING $150,000 FROM THE GENERAL FUND (1000- 5500); $50,000 FROM THE TRAFFIC SYSTEM MANAGEMENT FUND (2001- 5500); $50,000 FROM THE CITY- WIDE TRAFFIC MITIGATION FUND (2002 -5500) AND $50,000 FROM THE REDEVELOPMENT AGENCY FUND (2902 -5500) TO THE COMMUNITY DEVELOPMENT FUND (2200 - 5500). WHEREAS, on June 5, 2002, the Redevelopment Agency Board of Directors adopted the budget for Fiscal Year 2002/03; and WHEREAS, a deficit is projected in the Community Development Fund for Fiscal Year ending June 30, 2003; and WHEREAS, the Community Development Fund is entitled to be reimbursed from other Funds that it has served; and WHEREAS, Exhibit "A" hereof describes said necessary budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment appropriating $300,000 from the Funds listed above to the Community Development Fund as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of June, 2003. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" - Budget Amendment ®00 ,021 EXHIBIT A BUDGET AMENDMENT FOR COMMUNITY DEVELOPMENT FY 2002 -03 FUND ALLOCATION FROM: Fund Account Number Amount General 1000 -5500 $ 150,000.00 Traffic System Management 2001 -5500 $ 50,000.00 City-Wide Traffic Mitigation 2002 -5500 $ 50,000.00 Redevelopment Agency 2902 -5500 1 $ 50,000.00 Total 1 1 $ 300,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Revision Amended Budget 1000- 6100 - 0000 -9820 $ - $ 150,000.00 $ 150,000.00 2001 -6100- 0000 -9820 $ - $ 50,000.00 $ 50,000.00 2002 -6100- 0000 -9820 $ - $ 50,000.00 $ 50,000.00 2902 - 6100 - 0000 -9820 $ - $ 50,000.00 $ 50,000.00 Total $ - $ 300,000.00 $ 300,000.00 DISTRIBUTION OF APPROPRIATION TO REVENUE ACCOUNTS: Account Number Current Budget I Revision I Amended Budget 2200 -3720 $ - 1 $ 300,000.00 1 $ 300,000.00 Approved as to Form: 4 — OOOC22 ITEM s . -�b. CITY OF :NOORPARK, CALTFORINIA Redevelopment Agency Meeting of t -•y/ -.7002 ACTION: G"44 "-d d4d:.r a0 MOORPARK REDEVELOPMENT AGENC K I " X: AGENDA REPORT To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: May 28, 2003 (MRA Meeting June 4, 2003) Subject: Consider Resolution Approving an Agreement by and among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in RPD 99 -1, TT 5181 to a Low Income Family at an Affordable Housing Cost and Amending the FY 2002/2003 Budget BACKGROUND Section 33413 (b) (2) (A) (i) of California Health and Safety Code ( "Redevelopment Law ") requires that 15% of all dwelling units developed within a Redevelopment Project Area be affordable to and occupied by low or moderate income households. Condition No. 7 of Residential Planned Development (RPD) 99 -1 and Condition No. 16 of Tentative Tract (TT) Map No. 5181 require that one (1) of the eight (8) units to be constructed be sold to a low income buyer. DISCUSSION In order to expedite further processing of the developer's Final Map, the Redevelopment Agency is asked to consider purchasing the low income unit at an affordable housing cost if an eligible low income buyer has not been identified when the unit is completed and ready for sale. Affordable housing cost for a low income household of 4 in Ventura County is approximately $154,000. Escrow fees and initial costs of qualifying potential buyers are estimated to be $6,000. The Agency will then re -sell 000023 Honorable Agency Board of Directors Date 05/29/03 Page 2 the unit to a qualified low income buyer and will cause long term covenants to be recorded against the property, which will ensure its affordability to low income households for at least 45 years. STAFF RECOMMENDATION (Roll Call Vote Required) 1. Approve MRA Resolution No. 2003- approving the Purchase and Sale Agreement and amending the FY 2002/2003 budget to appropriate $160,000 for this purpose; and 2. Direct the Chair of the Redevelopment Agency to execute Purchase and Sale Agreement, subject to final language approval by the Executive Director and Agency Counsel. Attachments: Resolution No. MRA 2003 - Purchase and Sale Agreement 00.0024 RESOLUTION 2003- A RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS, MOORPARK, CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT AMONG THE CITY OF MOORPARK, THE MOORPARK REDEVELOPMENT AGENCY AND TR PARTNERS, LLC, FOR THE AGENCY'S PURCHASE OF A SINGLE FAMILY HOME IN THE DEVELOPMENT KNOWN AS RPD 99 -1, TT 5181, FROM TR PARTNERS, LLC, AND AMENDING THE ADOPTED FY 2002/2003 REDEVELOPMENT AGENCY BUDGET FOR $160,000 WHEREAS, California Health and Safety Code Section 33334.2 requires that not less than 20% of tax increment allocated to a Redevelopment Agency must be used by the Agency to increase, improve and preserve the community's supply of low and moderate income housing, available at affordable housing cost and occupied by low and moderate income households; and WHEREAS, Conditions of Approval for RPD 99 -1 and TT 5181 for TR Partners (the "Project ") , require that one (1) 3- bedroom unit be provided and sold to a low income household; and WHEREAS, the real property upon which the Project will be developed consists of approximately 1.2 acres of land located between Bard and Millard Streets, and south of Second Street (APN 512 -0 -131 -070), as described on Exhibit "A" which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit "B" which is also attached hereto and incorporated herein; and WHEREAS, the Moorpark Redevelopment Agency wishes to assist in expediting the processing of the developer's Final Map, by assuming developer's responsibilities of locating a qualified low income buyer and agreeing to purchase the low income unit, if a qualified low income buyer has not been identified when the low income unit is available for sale, and to re -sell the unit to a qualified low income buyer; and WHEREAS, on June 5, 2002, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2002/2003; and 000G25 MRA Resolution No. 2003 - Page 2 WHEREAS, the Moorpark Redevelopment Agency Board of Directors approved a Redevelopment Agency budget to be funded by Moorpark Redevelopment Tax Increment funds; and WHEREAS, the Moorpark Redevelopment Directors now wishes to amend the adopted bu( cost to purchase the low income unit from TR $154,000 and certain costs, estimated to be with identifying and qualifying an eligible using the Agency's Low and Moderate Income Fund. Agency Board of 3get to reflect the Partners, LLC, for $6,000, associated low income buyer, Housing Set Aside NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS: SECTION authorizes the and among the Agency, and TR 1. That execution City of Partners, SECTION 2. That $160,000 in Agency Low Funds, as described in approved. the Moorpark Redevelopment Agency of the Purchase and Sale Agreement by Moorpark, the Moorpark Redevelopment LLC (Exhibit "C") . a budget amendment in the amount of and Moderate Income Housing Set Aside Exhibit "D" attached hereto, is hereby SECTION 3. This resolution shall become effective immediately upon its adoption. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of June, 2003. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachments: Exhibit "A" Map of Project Site Exhibit "B" Legal Description Exhibit "C" Purchase and Sale Agreement Exhibit "D" Budget Amendment Detail 001 002G _J 1 p -02 pee LP I �o I s01 1 • - p •4 C13 arm �R 4 ST RPO Pi -1 ,: 0 - 1! o '0 • O y = t. POR TRACT L RU $!Ml O ria Cone - A f2 VENTURA LOWTr RAM•Nf DCMRTMNT «' ` ZONING MAP 512 -13 ..4 OROINANa 2339 ADOPTED 3 • S 70 COUNTY CIfRK j P-tW L 14— _ .. U..u_.r. «. N 0 41' AVENUE 12 N��1.. INN IN lM1 (� Vfsta Verde Tract Ab. f RM Bk.24 Pg. 79 Vista Verde Tract No.3 RM Sk 26 Pg. 72 air l :r 512-113 b' ed r wo � I III Y a 1 • � I I I m � I s I � � I o1o � b I ' I I -- I t I Assessor's Map Bk. 5f2 , Pq 13 Mart•- Ae.e..ors Moo* N,..eer) Shown m looses County of Ventura, Calif 4aepsari �wT Mueller! 9UOwT m: r ' 3P +Ciftr r.».. »..... 1958 !T\ 31 32 73 34 3S 6 37� `3a • 3t�- 40t� 41 • 42'• 43 44 1,34 30 i+ 2 2 27 26 1;2 24 w �' 2� r ^1 21 • � 20 /9 1� {D' ' ; 73' • a U..u_.r. «. N 0 41' AVENUE 12 N��1.. INN IN lM1 (� Vfsta Verde Tract Ab. f RM Bk.24 Pg. 79 Vista Verde Tract No.3 RM Sk 26 Pg. 72 air l :r 512-113 b' ed r wo � I III Y a 1 • � I I I m � I s I � � I o1o � b I ' I I -- I t I Assessor's Map Bk. 5f2 , Pq 13 Mart•- Ae.e..ors Moo* N,..eer) Shown m looses County of Ventura, Calif 4aepsari �wT Mueller! 9UOwT m: r ' 3P +Ciftr r.».. »..... 1958 Exhibit "B" Legal Description THE PORTIONS OF BLOCK 8 AND 11 AND OF THIRD STREET AND BARD STREET AS SHOWN ON MAP NO. 1 OF TRACT "0" OF MOORPARK SUBDIVISION RANCHO SIMI, IN THE CITY OF MOORPARK. COUNTY OF VENTURA. STATE OF CALIFORNIA. AS PER MAP THEREOF RECORDED IN BOOK 8 PAGE 13 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT SOUTH 00 00' 05" WEST 30 FEET ALONG THE CENTER LINE OF BARD STREET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF THIRD STREET AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY LINE OF THIRD STREET. 1ST: - SOUTH 890 59' 55" EAST 30 FEET: THENCE ALONG THE EASTERLY LINE OF BARD STREET, 2ND: - NORTH 0° 0' 05" EAST 179.85 FEET: THENCE. 3RD: - SOUTH 75° 42' 08" EAST 176.61 FEET TO A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 472 FEET AND A CENTRAL ANGLE OF 110 39' A RADIAL LINE AT SAID POINT BEARING SOUTH 750 42' 08" EAST: 4TH: - SOUTHEASTERLY ALONG SAID CURVE 95.97 FEET TO A REVERSE CURVE HAVING A RADIUS OF 528 FEET AND A CENTRAL ANGLE OF 25° 58' 22 "; THENCE, 5TH: - SOUTHERLY ALONG SAID CURVE 239.25 FEET; THENCE. 6TH: - SOUTH 0° 01' 30" EAST 50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 10 FEET FROM THE NORTHERLY LINE OF WALNUT ACRES SUBDIVISION. RECORDED IN BOOK 22 PAGE 79 OF MAPS: THENCE ALONG SAID PARALLEL LINE. 7TH: - SOUTH 89° 58' 30" WEST 115 FEET TO A POINT ON SAID CENTER LINE OF BARD STREET: THENCE, 8TH: - NORTH 00 00' 05" EAST 235.03 FEET TO THE POINT OF BEGINNING. 00OC28 Exhibit "C" PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") is made and entered into as of the day of , 2003, by and among TR PARTNERS, LLC, a California Limited Liability Corporation (hereinafter referred to as "DEVELOPER ") , the CITY OF MOORPARK and MOORPARK REDEVELOPMENT AGENCY (hereinafter, collectively referred to as "CITY "). RECITALS WHEREAS, California Health & Safety Code Section 33413 (b) (2) (A) (i) requires that "at least 15 per cent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the agency shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income "; and WHEREAS, California Health & Safety Code Section 33413(c)(1) requires such dwelling units to remain affordable for the longest feasible time, but for not less than 45 years for homeownership units; and WHEREAS, affordable housing cost is defined in California Health and Safety Code Section 50052 . 5 (b) (2) , with the components of affordable housing cost as found in Section 6920 of Title 25 of the California Code of Regulations; and WHEREAS, DEVELOPER desires to develop eight (8) single family detached homes on approximately 1.2 acres of land between Bard and Millard Streets and south of Second Street (APN No. 512 -0 -131 -070), consistent with the conditions of Residential Planned Development (RPD) No. 99 -1 and Tentative Tract Map No. 5181, approved December 1, 1999, by Resolution No. 1681, collectively, the "Project "; and WHEREAS, Condition No. 16 of Tentative Tract Map No. 5181 and Condition No. 7 of RPD No. 99 -1 require that the developer shall on this project site provide one (1) three bedroom unit of not less than 1,350 square feet in size, to be sold to buyers who meet the criteria for low income households established by the United States Department of Housing and Urban Development for the County of Ventura (80% of Median Income). TR Partners 052903 1 0 ;U 0 C2 9 NOW, THEREFORE, IT IS AGREED by and between the DEVELOPER and the CITY as follows: SECTION 1. Satisfaction of RPD Conditions. CITY agrees that this Agreement satisfies Condition No. 16 of Tentative Tract Map No. 5181 and Condition No. 7 of RPD No. 99- 1, including the stipulation for an Affordable Housing Agreement and Affordable Housing Implementation and Resale Restriction Plan. The CITY will assume DEVELOPER's responsibility for marketing the low income unit, selecting and qualifying an eligible buyer for the unit, and overseeing the escrow process to sell the low income unit to a low income household. SECTION 2. Terms of Sale. 2.1 DEVELOPER agrees to sell the herein referenced low income unit to a qualified low income buyer identified by CITY, or to CITY directly, as determined by CITY in its sole discretion, prior to obtaining zone clearance for Certificate of Occupancy for the fifth (5th) unit of the Project at the purchase price of one hundred fifty -four thousand dollars ($154,000). At the opening of escrow, DEVELOPER agrees to deposit three thousand eighty dollars ($3,080) in escrow, as a deposit against its portion of escrow and closing costs. CITY or qualified low income buyer shall pay all escrow and closing costs in excess of this amount. Any funds not spent will be refunded to DEVELOPER. 2.2 DEVELOPER shall satisfy all mechanic's, laborer's, materialman's, supplier's, or vendor's liens and any construction loan or other financing affecting Lot 8 of the Project before the close of escrow for the low income unit. 2.3 DEVELOPER agrees if it sells the low income unit directly to a qualified low income buyer, per Section 2.1 above, all requirements of the buyer, including completion of CITY approved Homebuyer Education, and documents for the transaction, including the Promissory Note, Deed of Trust, and Resale Restriction Agreement and Option to Purchase (the "Affordability Covenants ") , shall be approved by the CITY and be included as a requirement of the sale. The language of all such documents shall be approved by CITY at its sole discretion. SECTION 3. Conditions of Purchase and Sale. If a qualified low income buyer is identified by the CITY prior to or at the time of completion of the unit, and by the date on which a Certificate of Occupancy is issued, DEVELOPER shall open TR Partners 052903 2 000030 escrow for the same sales price as herein stipulated and subject to the conditions in Section 2. above, and enter escrow directly with the buyer identified by CITY, and proceed to closing of said escrow. If a qualified low income buyer has not been identified upon completion of the low income unit and issuance of a Certificate of Occupancy, CITY agrees to purchase the low income unit for one hundred fifty -four thousand dollars (5154, 000) . SECTION 4. Quality of Construction. DEVELOPER and CITY agree that Lot No. 8, shall be designated as the lot on which the low income unit, of not less than 1,350 square feet in size, is constructed. DEVELOPER warrants that the quality of materials and construction techniques of the unit sold to the CITY shall in all manner be comparable to that of all other units constructed in this Project and subject to all conditions of RPD 99 -1 and Tentative Tract Map 5181 and shall meet all Building Codes. SECTION 5. Amenities and Warranties. DEVELOPER acknowledges that the low income unit will not be occupied by the CITY, but, if purchased by the CITY, will be sold by the CITY to a qualified low income buyer(s). DEVELOPER agrees to provide the same amenities and home warranties associated with the low income unit purchased by the CITY as the amenities and home warranties associated with the market rate units. DEVELOPER declares that all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the low income unit, and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The CITY shall have the same choices of finish options as purchasers of market rate units in this Project and final walk- through approval of condition of unit before close of sale. Any options provided to buyers of market rate units shall be provided to CITY or buyer(s) of the low income unit, including, but not limited to, color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. SECTION 6. Defense and Indemnity. DEVELOPER agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to CITY, any action brought against it or CITY by the purchaser of the affordable unit for any alleged construction defects or related problems, or any action brought by any party to approve, extend or renew any permit, related actions under CEQA, any subsequent permits to TR Partners 052903 3 000031 implement /construct the Project and this Agreement. DEVELOPER further agrees to reimburse CITY for any court costs and /or attorneys' fees which CITY may be required by the court to pay as a result of any such action. CITY may, at its sole discretion, participate in the defense of any such action at CITY's cost, but such participation shall not relieve DEVELOPER of its obligation under this Section. SECTION 7. Waiver. DEVELOPER hereby covenants not to bring any action against CITY to (a) attack, review, set aside, void, or otherwise annul the CITY processing of or action on any approvals needed for the Project or this Agreement, in whole or in part, or (b) recover any compensation or obtain any relief for any injury, damage, loss, or deprivation of any right alleged to have been sustained as a result of CITY's action on any approval needed for the Project or of this Agreement. SECTION 8. Defaults and Remedies. Each of the following shall constitute an "Event of Default" by the DEVELOPER: 8.1 Failure by the DEVELOPER to duly perform, comply with and observe any of the conditions, terms, or covenants of Tentative Tract Map No. 5181 or RPD No. 99 -1 or this Agreement, if such failure remains uncured thirty (30) days after written notice of such failure from the CITY to the DEVELOPER in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if the DEVELOPER fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion; provided, however, that in no event shall the CITY be precluded from exercising remedies if an Event of Default is not cured within ninety (90) days after the first notice of default is given. If a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 8.1.2 Any representation or warranty contained in this Agreement or in any certificate or report submitted to the CITY by DEVELOPER proves to have been incorrect in any material respect when made. 8.1.3 A court having jurisdiction shall have made or rendered a decree or order (a) adjudging DEVELOPER to be bankrupt or insolvent; (b) approving as properly filed a petition seeking reorganization of DEVELOPER or seeking any arrangement on behalf of DEVELOPER under the bankruptcy law or any other applicable debtor's relief law or statute of the TR Partners 052903 4 0000132 United States or of any state or other jurisdiction; (c) appointing a receiver, trustee, liquidator, or assignee of the DEVELOPER in bankruptcy or insolvency or for any of its properties; or (d) directing the winding up or liquidation of the DEVELOPER, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 8.1.4 The DEVELOPER shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the DEVELOPER is diligently working to obtain a return or release of the property and the CITY's interests hereunder are not imminently threatened in the CITY's reasonable business judgment, then the CITY shall not declare a default under this subsection. 8.1.5 The DEVELOPER shall have voluntarily suspended its business or dissolved. 8.1.6 Should there occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Project or property on which Project is to be constructed, which loan is secured by a deed of trust or other instrument of record. 8.2 Liens. DEVELOPER shall pay and promptly discharge when due, at DEVELOPER's cost and expense, all liens, encumbrances and charges upon the Project or the underlying property, or any part thereof or interest therein (except the lien of any mortgage, deed of trust or other recorded instrument securing any construction or permanent financing for the Project), provided that the existence of any mechanic's, laborer's, materialman's, supplier's, or vendor's lien or right thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such contract does not postpone payment for more than forty -five (45) days after the performance thereof. DEVELOPER shall have the right to contest in good faith the validity of any such lien, encumbrance or charge, provided that within ten days after service of a stop notice or ninety days after recording of a mechanic's lien, DEVELOPER TK Parmers 052903 5 0 0-O C 3 3 shall deposit with CITY a bond or other security reasonably satisfactory to CITY in such amounts as CITY shall reasonably require, but no more than the amount required to release the lien under California law and provided further that DEVELOPER shall thereafter diligently proceed to cause such lien, encumbrance or charge to be removed and discharged, and shall, in any event, cause such lien, encumbrance or charge to be removed or discharged not later than sixty (60) days prior to any foreclosure sale. If DEVELOPER shall fail either to remove and discharge any such lien, encumbrance or charge or to deposit security in accordance with the preceding sentence, if applicable, then, in addition to any other right or remedy of CITY, CITY may, but shall not be obligated to, discharge the same, without inquiring into the validity of such lien, encumbrance or charge nor into the existence of any defense or offset thereto, either by paying the amount claimed to be due, or by procuring the discharge of such lien, encumbrance or charge by depositing in a court a bond or the amount or otherwise giving security for such claim, in such manner as is or may be prescribed by law. DEVELOPER shall, immediately upon demand therefor by CITY, pay to CITY an amount equal to all costs and expenses incurred by CITY in connection with the exercise by CITY of the foregoing right to discharge any such lien, encumbrance or charge. To the extent not paid, all costs and expenses paid by the CITY shall be a lien on the Property pursuant to Civil Code Section 2881. 8.3 Costs of Enforcement. If any Event of Default occurs, CITY may employ an attorney or attorneys to protect its rights hereunder. Subject to California Civil Code Section 1717, DEVELOPER promises to pay to CITY, on demand, the fees and expenses of such attorneys and all other costs of enforcing the obligations secured hereby including without limitation, recording fees, receiver's fees and expenses, and all other expenses of whatever kind or nature, incurred by CITY in connec- tion with the enforcement of the obligations secured hereby, whether or not such enforcement includes the filing of a lawsuit. 8.4 Remedies Not Exclusive. CITY shall be entitled to enforce payment and performance of any indebtedness or obligation of DEVELOPER arising under this Agreement and to exercise all rights and powers under this Agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither TR Parmers 052903 6 ® 0, 0 , y '3 4 the acceptance of this Agreement nor its enforcement by court action shall prejudice or in any manner affect CITY's right to realize upon or enforce any other security now or hereafter held by CITY, it being agreed that CITY shall be entitled to enforce this Agreement and any other security now or hereafter held by CITY, as applicable, in such order and manner as either may in its absolute discretion determine. No remedy herein conferred upon or reserved to CITY is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by this Agreement to the CITY may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the CITY, and it may pursue inconsistent remedies. 8.5 Enforcement; Specific Performance. The CITY shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the DEVELOPER to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof. 8.6 Right of Contest. The DEVELOPER shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the CITY or the rights of the CITY hereunder. 8.7 Action at Law; No Remedy Exclusive. The CITY may take whatever action at law or in equity as may be necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the DEVELOPER under this Agreement. No remedy herein conferred upon or reserved by the CITY is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as CITY may deem expedient. In order to entitle the CITY to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such TR Yarmcrs 052903 7 000-035 notice as may be herein expressly required or required by law to be given. SECTION 9. Warranty of Authorized Signatories. Each of the signatories hereby warrants and represents that he or she is competent and authorized to execute this Agreement on behalf of the party for whom he or she purports to sign. SECTION 10. Miscellaneous. (a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, legal representatives, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, associations and /or corporations connected with them, including, without limitation, their insurers, sureties and /or attorneys. (b) Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, or contesting the validity or enforceability of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in such action, suit or other proceeding, including any and all appeals or petitions therefrom. (c) Severability. Should any part, term or provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. (d) Assistance of Counsel. DEVELOPER and CITY acknowledge that: (i) they have been represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel; and (iii) this Agreement is the result of negotiations between the Parties and the advice and assistance of their respective counsel. Each of the Parties has equally participated in the drafting and preparation of this Agreement, and it is the intention of the Parties that the construction or interpretation of this Agreement shall be made without reference to the Party who drafted any portion or particular provision of this Agreement or the relative size and or bargaining power of the Parties. TR Parmers 052903 8 0 n 0 G21 G SECTION 11. Moratorium on Development. Nothing in this Agreement shall prevent CITY, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. SECTION 12. Waiver of Protest Rights. DEVELOPER agrees that any fees and payments for this Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto, or any other applicable state or federal law. SECTION 13. Action at Law; No Remedy Exclusive. The CITY may take whatever action at law or in equity as may be necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the DEVELOPER under this Agreement. No remedy herein conferred upon or reserved by the CITY is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as CITY may deem expedient. In order to entitle the CITY to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by law to be given. SECTION 14. Notices. communications which a party c respecting this Agreement must recipient party at its address to this Agreement and must be commercial messenger or courier) All iesires be in set f given or by notices and other or is required to give writing addressed to the rth beneath its signature personally (including by First Class United States TR Partnrs 052903 9 0006317 Mail, postage prepaid. Notices shall be deemed to have been effectively given, if given personally, upon receipt (or upon attempted delivery if receipt is refused), and if mailed, three (3) business days following deposit in the United States Mail. A party may change its address for notices only by a notice given in the foregoing manner. SECTION 15. Joint Preparation. This agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. SECTION 16. Amendments and Waivers. No term or provision of this Agreement can be amended or waived, either orally or by a course of conduct, but only by an instrument in writing signed by the party against whom enforcement of such amendment or waiver is sought. SECTION 17. Entire Agreement. This Agreement and the Conditions of Approval for this Project constitute the entire agreement and understanding of the parties with respect to its subject matter and they supercede all prior and contemporaneous agreements and understandings of the parties with respect to that subject matter. SECTION 18. Headings and Attachments. The title of this Agreement and the headings of its sections are for convenience of reference only and are not to be referred to in interpreting or construing this Agreement. However, all attachments and exhibits to this Agreement, as well as the Recitals, are a part of this Agreement. SECTION 19. Governing Law and Interpretation. This Agreement is to be governed by and construed in accordance with the laws of the State of California. No term or provision of this Agreement is to be construed against a party by reason of its having drafted the same. This Agreement is made, entered into and executed in Ventura County, California, and any action filed in any court for the interpretation, enforcement or other action arising from any term, covenant or condition herein shall be filed in Ventura County. TR Partners 052903 10 0 0-O G 3 8 AGENCY: MOORPARK REDEVELOPMENT AGENCY DEVELOPER: TR PARTNERS, A California Limited Liability Corporation By By Chair of the Board Attest: By Agency Secretary CITY: CITY OF MOORPARK By City Manager Attest: By City Clerk City of Moorpark Moorpark Redevelopment Agency Address: 799 Moorpark Avenue Moorpark, California 93021 Telephone: (805) 517 -6215 Fax: (805) 529 -8270 Patrick Leyden, Manager TR Partners 11158 Lopez Court Moorpark, CA 93021 Telephone: (805) 444 -3129 TR Partners 052903 11 0 00 C39 MRA Resolution No. 2003 - Page 3 EXHIBIT D BUDGET AMENDMENT DETAIL Funding Sources Funding Source Account Amount MRA Low Mod Housing 2901 $160,000 Appropriations Current New Budget Budget Budget Unit Object Amount Change Amount 2901 - 2420 -0000 9610 -0- $160,000 $160,000 Approved as to form: 0, 00OC40 ITEM 5 . E. CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of � - 4/' d eA3 ACTION: "&.i &ha d4u_ ELY: (5' 01) MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: Hugh R. Riley, Assistant Executive Director DATE: May 29, 2003 (Agency Meeting of 6/04/03) SUBJECT: Consider Acquiring the Property at 467 East High Street (APN 512 -0- 081 -110) For A Negotiated Sale Price of $450,000 and $3,000 Closing Costs. DISCUSSION The property at 467 East High Street may be acquired by the Redevelopment Agency at a negotiated purchase price of $450,000. This property consists of 20,000 square feet and includes a 1,400 square foot single family dwelling and a detached garage. The property is presently zoned Old Town Commercial and presents an opportunity for redevelopment as commercial office and retail space. The Agency is in a position to accept the assignment of a contract of sale between the owners of the property and Daly - Owens Group for the purchase price plus closing costs in exchange for granting Daly -Owens Group a one -year option to participate with the Agency in a Disposition and Development Agreement for the development of a mixed -use office /retail project. STAFF RECOMMENDATION Approve the Acquisition of 467 East High Street plus $3,000 in closing costs and Adopt Resolution amending the Agency Budget. (Roll Call Vote Required) Attachment: Resolution No. 2003- for $450,000 No. 2003- 000041 RESOLUTION 2003- A RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS, MOORPARK, CALIFORNIA, AMENDING THE ADOPTED FY 02/03 MOORPARK REDEVELOPMENT AGENCY BUDGET TO PROVIDE FOR THE ACQUISITION OF 467 EAST HIGH STREET IN THE CITY OF MOORPARK WHEREAS, on June 5, 2002, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2002/2003; and WHEREAS, the Moorpark Redevelopment Agency Board of Directors approved a Redevelopment Agency budget to be funded by Moorpark Redevelopment Tax Increment funds; and WHEREAS, the Redevelopment Agency has the opportunity to acquire the property at 467 East High Street (APN 512 -0- 081 -110) for a negotiated price of $450,000; and WHEREAS, the property provides the Agency with the opportunity to encourage the development of commercial office and retail space in conformance with the Downtown Specific Plan; and WHEREAS, the Moorpark Redevelopment Agency Board of Directors now wishes to amend the adopted budget to reflect the cost to acquire the property at 467 East High Street for $450,000 and closing costs of $3,000 using Moorpark Redevelopment Tax Increment Funds. NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a $453,000 hereto, in Agency funds, is hereby approved. budget amendment in the amount of as described in Exhibit "A" attached 00 -042 Resolution No. 2003 - Page 2 SECTION 2. The Agency Secretary shall certify to the adoption resolution of this resolution and shall cause a certified to be filed in the book of original resolutions. PASSED AND ADOPTED this day of June, 2003. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary Attachment: Exhibit A: Budget Amendment Detail 000043 Resolution No. 2003 - Page 3 EXHIBIT A BUDGET AMENDMENT DETAIL r u11u1iiy JUUiue6 Funding Source Account Amount MRA Area 1- Increment & Other 2902 $453,000 Appropriations Current New Budget Budget Budget Unit Object Amount Change Amount 2902 - 2410 -0000 9610 -0- $453,000 $453,000 Approved as to form: rb 000044