HomeMy WebLinkAboutAG RPTS 2003 0319 RDA REG`( ESTABLISHED
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Resolution No. 2003 -112
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 19, 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
September 4, 2002.
Consider Approval of Minutes of Regular Meeting of
September 18, 2002.
Consider Approval of Minutes of Regular Meeting of March
5, 2003.
Staff Recommendation: Approve minutes.
B. Consider Authorizina the Purchase of 661 Maanolia Street
to Facilitate Construction of a Fire Station on High
Street. Staff Recommendation: 1) Direct the Agency
Secretary to accept an interest in the real property at
284 Charles Street from the City of Moorpark and accept an
interest in the real property to be acquired at 661
Magnolia Street; and 2) Approve the Agreement for Purchase
and Sale. (Staff: Nancy Burns)
Redevelopment Agency Agenda
March 19, 2003
Page 2
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
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 :
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
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 irem 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
ou 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, March 19, 2003, at 6:30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on March 14, 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 March 14, 2003.
Maureen Benson, Deputy City Clerk
CITY OF MOORPARK, CALIFORNIA 5. Q.
Redevelopment Agency :Meeting ITEM `„�„�,,.,.�......r
of 3 - i /3 - Dr -
_yt,C.nVy1VV C -f — ;TES OF THE REDEVELOPMENT AGENCY
1 Mo.orpark_,.__.C.a.1i_f -e.r a September 4, 2002
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on September 4, 2002, 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 7:11 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Wozniak,
and Chair Hunter.
Absent: Agency Member Harper
Staff Present: Hugh Riley, Assistant Executive Director;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CONSENT CALENDAR:
Agency Member Wozniak stated he would be abstaining from
voting on the July 18, 2001, minutes, as he was not present
at that meeting.
MOTION: Agency Member Mikos moved and Agency Member
Millhouse seconded a motion to approve the Consent Calendar
except for the Regular Meeting Minutes of July 18, 2001,
which were pulled for individual consideration. The motion
carried by voice vote 4 -0 with Agency Member Harper absent.
A. Consider Approval of Minutes of Regular Meeting of
January 16, 2002.
Consider Approval of Minutes of Regular Meeting of
April 3, 2002.
Consider Approval of Minutes of Regular Meeting of
April 17, 2002.
'�. G(
Minutes of the Redevelopment Agency
Moorpark, California Page 2 September 4, 2002
Consider Approval of Minutes of Regular Meeting of May
1, 2002.
Consider Approval of Minutes of Regular Meeting of May
15, 2002.
Consider Approval of Minutes of Regular Meeting of
June 19, 2002.
Staff Recommendation: Approve minutes as processed.
The following minutes were pulled for individual
consideration.
Consider Approval of Minutes of Regular Meeting of
July 18, 2001.
MOTION: Agency Member Mikos moved and Agency Member
Millhouse seconded a motion to approve the Regular
Meeting Minutes of July 18, 2001. The motion carried
by voice vote 3 -0 with Agency Member Wozniak
abstaining and Agency Member Harper absent.
S. CLOSED SESSION:
None was held.
6. ADJOURNMENT:
MOTION. Agency Member Mikos moved and Agency Member Wozniak
seconded a motion to adjourn the meeting of the Moorpark
Redevelopment Agency. The motion carried by unanimous voice
vote. The time was 7:13 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
Ga&kL W 12
MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California September 18, 2002
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on September 18, 2002, in the Community Center
of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Vice -Chair Mikos called the meeting to order at 7 :19 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Millhouse, Wozniak,
and Vice -Chair Mikos.
Absent: Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, Agency General Counsel; Hugh Riley,
Assistant Executive Director; Barry Hogan,
Community Development Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CONSENT CALENDAR:
MOTION: Agency Member Wozniak moved and Agency Member
Harper seconded a motion to adopt the Consent Calendar.
The motion carried by roll call vote 4 -0, Chair Hunter
absent.
A. Consider Approval of Minutes of Regular Meeting of
Auqust 1, 2001.
Consider Approval of Minutes of Regular Meeting of
March 6, 2002.
Consider Approval of Minutes of Regular Meeting of
March 20, 2002.
Staff Recommendation: Approve minutes as processed.
Minutes of the Redevelopment Agency
Moorpark, California Page 2 September 18, 2002
B. Consider Consenting to Construction Loan Extension and
Approving 3" Amendment to Schedule of Performance for
Disposition and Development Agreement (DDA) for
Cabrillo Economic Development Corporation (CEDC)
Gisler Field Project (Mountain View) (Tract No. 5161,
Residential Planned Development No. 98 -7). Staff
Recommendation: 1) Approve 3rd Amendment to the DDA;
and 2) Consent to Building Loan Agreement Extension
and authorize Executive Director to sign "Junior
Lienor's Consent and Subordination Agreement."
5. CLOSED SESSION:
Mr. Kueny requested that the Agency recess the meeting and
reconvene into closed session for a discussion of Items
S.C. and S.D. following the regular City Council meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 7:20 p.m. The meeting reconvened at 9:05 p.m.
MOTION: Agency Member Harper moved and Agency Member
Wozniak seconded a motion to adjourn to closed session for
a discussion of Items S.C. and S.D. on the agenda. The
motion carried by voice vote 4 -0, Chair Hunter absent. The
time was 9:05 p.m.
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)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 203 E. Los Angeles Ave., Moorpark, CA 93021
and 213 E. Los Angeles Ave., Moorpark, CA 93021
Agency Negotiator: Steven Kueny, Executive Director
Negotiating Parties: The Redevelopment Agency of the
City of Moorpark and Wayne Colmer
Under Negotiation: Price and terms of payment
The Agency reconvened into closed session at 9:15 p.m.
Present in closed session were Agency Members Harper,
Millhouse, and Wozniak and Vice Chair Mikos; Steven Kueny,
Executive Director; Joseph Montes, Agency General Counsel;
Hugh Riley, Assistant Executive Director; Barry Hogan,
Community Development Director (arrived at 9:20 p.m.) and
Deborah Traffenstedt, Agency Secretary.
Minutes of the Redevelopment Agency
Moorpark, California Paqe 3 September 18, 2002
The Agency reconvened into open session at 9:38 p.m. Mr.
Kueny announced that only Item 5.C. was discussed and that
there was no action to report.
6. ADJOURNMENT:
Vice Chair Mikos adjourned the meeting at 9:38 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
CO'S
MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California March 5, 2003
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on March 5, 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 7:00 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; Julie
C.T. Hernandez, Senior Management Analyst;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Authorizing Supplemental Loan of $350,000
from Redevelopment Agency Tax Increment Funds to Janss
IV Recreation for the Theater on High Street Project.
Continued from February 19, 2003. Staff
Recommendation: Approve a $350,000 loan from
Redevelopment Agency Tax Increment funds to Janss IV
Recreation for the Theater on High Street Project
consistent with the terms specified in the agenda
report; and with loan terms, security agreement and
all other documents subject to final language approval
by the Executive Director and Agency Counsel.
Ms. Hernandez gave the staff report.
In response to Councilmember Mikos, Ms. Hernandez
confirmed that the letter of credit will protect the
City.
Councilmember Harper stated that during these tough
fiscal times, the City and Redevelopment Agency needs
Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 March 5, 2003
to give support to the Theater on High Street, as it
acts as the lynch pin for all of High Street
revitalization.
Larry Janss, representing the Theatre on High Street,
1408 East Thousand Oaks Boulevard, Thousand Oaks,
stated he was available for questions and thanked the
Agency for their support.
Ms. Traffenstedt read a written statement card from
Janet Murphey, a Moorpark resident, supporting the
proposal.
MOTION: Agency Member Mikos moved and Agency Member
Parvin seconded a motion to approve a $350,000 loan
from Redevelopment Agency Tax Increment funds to Janss
IV Recreation for the Theater on High Street Project
consistent with the terms specified in the agenda
report; and with loan terms, security agreement and
all other documents subject to final language approval
by the Executive Director and Agency Counsel. The
motion carried by unanimous roll call vote.
S. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member
Harper seconded a motion to adopt the Consent Calendar.
The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
July 17, 2002.
Consider Approval of Minutes of Regular Meeting of
February 19, 2003.
Staff Recommendation: Approve minutes.
B. Consider Mid -Year Amendments to 2002/2003 Fiscal Year
Budget. Staff Recommendation: Adopt Resolution 2003-
111 amending the FY 2002/2003 budget.
C. Consider Declaring Construction Project at 284 Charles
Street Complete, Authorizing Recordation of Notice of
Completion, and Releasing Retention Funds to
Contractor. Staff Recommendation: 1) Declare
construction of replacement house at 284 Charles
Street complete; 2) Authorize Agency Secretary to
O�'07
Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 March 5, 2003
record Notice of Completion; and 3) Authorize release
of retention funds in the sum of $19,718.71 to Century
Construction, Inc., effective 30 -days after
recordation of Notice of Completion.
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
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 7:05 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
00' .a008
ITEM 5.5 -
CITN' OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION:
OISL�.✓n�vidF���C' C�l.`�-i�c�rtZ� C'�u�
MOORPARK REDEVELOPMENT AGENCtrY.
AGENDA REPORT r✓t P
TO: Honorable Board of Directors
FROM: Nancy Burns, Senior Management Analyst ti,g.
DATE: March 13, 2003 (MRA Meeting of March 19, 2003)
SUBJECT: Authorize the Purchase of 661 Magnolia Street to
Facilitate Construction of a Fire Station on High
Street
DISCUSSION
The City of Moorpark acquired the property at 284 Charles street
on October 11, 1999 and is conveying its interest in the
property to the Moorpark Redevelopment Agency.
An Agreement of Purchase and Sale was executed January 31, 2001,
for the acquisition of 661 Magnolia Street for $1.00, the
construction of a replacement dwelling at 284 Charles Street,
and subsequent sale of the 284 Charles Street property for $1.00
to the owner being displaced from 661 Magnolia.
Escrow has been opened to complete the purchase and sale
described above and is now ready to close.
STAFF RECOMMENDATION
l.) Direct the Agency Secretary to accept an interest in the
real property at 284 Charles Street from the City of Moorpark
and accept an interest in the real property to be acquired at
661 Magnolia Street. 2.) Approve the Agreement for Purchase and
Sale.
Attachment: Agreement for Purchase and Sale
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ( "Agreement ") is made and entered into this 31 ro� day of January, 2001,
( "Effective Date ") whereby Estella Betancourt, ( "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".
In addition, Buyer agrees to convey and Seller agrees to accept, subject to terms
and conditions set forth herein, title to the following:
(c) That certain real property ( "Replacement Land ") in the County of Ventura,
State of California, as more particularly described in Exhibit "B" attached hereto; and
(d) All rights (including water and mineral rights), privileges, easements,
tenements, hereditaments, rights of way and appurtenances which belong to or appertain to the
Replacement Land (the "Replacement Appurtenances "). The Replacement Land and
Replacement Appurtenances are collectively referred to herein as the "Replacement Property ".
The terms and conditions of this Agreement and the instructions to Old Republic
Title Company with regard to the escrows ( "Escrow No. 1" and "Escrow No. 2 ") 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.
components:
2. CONSIDERATION.
The full Consideration for Property includes all of the following three (3)
A. Purchase Price ( "Purchase Price "), which shall be One Dollar ($1.00);
B. Liquidation of existing mortgage debt ( "Mortgage Liquidation ") in favor
of and secured by Property, in an amount not to exceed five thousand
dollars ($5,000.00); and
C. Replacement House ( "Replacement House ") to be constructed upon
Replacement Property, which is located at 284 Charles Street, Moorpark, California. Upon
completion of construction of Replacement House, Replacement Property shall be deeded to
Seller, including structure, land upon which structure is constructed, and appurtenances and
exceptions as outlined in Exhibit "B ".
Both Buyer and Seller understand and agree that the full consideration identified
in this Section 2, to be paid and provided by Buyer, represents all amounts to which Seller is
entitled in connection with Buyer's acquisition of Property. Seller hereby waives any and all
rights to any additional compensation for the Property, or for relocation assistance, other than as
set forth in this Agreement and the Exhibits attached hereto.
3. DELIVERY OF CONSIDERATION.
As evidence of Consideration, prior to the close of Escrow Buyer shall:
A. Deposit Purchase Price of One Dollar ($1.00) with Escrow Holder. Such
funds shall be in the form of cash or certified check.
B. Deposit into escrow funds sufficient to liquidate existing mortgage of
in favor of . Such funds shall be in the form of cash,
certified check, wire transfer or other immediately available funds.
C. Deliver Grant Deed for Replacement Property, to be conveyed to Seller
upon satisfaction of conditions outlined in Agreement for the Construction of Replacement
House ( "Construction Agreement found at Exhibit "C "), contained herein and made a part of this
Agreement of Purchase and Sale.
4. ESCROWS.
Due to the possibility that construction may not be completed on Replacement
House at the time that the transfer of title can occur on Property, two escrows may be required for
full satisfaction of the terms of this Agreement. The first component escrow will be to transfer
title from Seller to Buyer on Property. The second component escrow will accomplish the
transfer of title of Replacement Property from Buyer to Seller
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, including Construction Agreement,
to Escrow Holder. For purposes of this Agreement, Escrow shall be deemed opened on the date
Escrow Holder shall have received said executed Agreement or copy. Escrow Holder shall notify
2
Buyer and Seller, in writing, of the date Escrow is opened and the Closing Date. In addition,
Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary j-
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 No. 1.
For purposes of this Agreement, the "Close of Escrow No. V 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 . Unless otherwise
subsequently agreed to in writing signed by Buyer and Seller, if Close of Escrow No. 1 fails to
occur by the Closing Date, the Close of Escrow No. 1 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.
4.3 Close of Escrow No. 2
Escrow No. 2 shall close as soon as practicable, following the completion of
construction of Replacement House.
5. TITLE
5.1 Approval of Title.
Buyer has obtained a preliminary title report on Property, which is identified as
Title Order No. 2002375 dated December 4, 2000, ( "Title Report No. 1 ") from Old Republic
Title Company ( "Title Company ") and Seller has been provided a preliminary title report on
Replacement Property, which is identified as Title Order No. 2002414 dated , 2000,
( "Title Report No. 2 ") from Old Republic 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 agrees to remove any exceptions to title
created by reason of any deeds of trust or mortgages encumbering the Replacement Property.
Both Buyer and Seller accept all other exceptions reflected in the Title Report No. 1 and Title
Report No. 2, respectively.
5.2 Title Policy.
Buyer shall cause the Title Company to issue its Standard CLTA Owner's form
Policy of Title Insurance ( "Title Policy ") in the amount of the full value of total consideration
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 of
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. Buyer shall
cause the Title Company to issue its Standard CLTA Owner's form Policy of Title Insurance in
the amount of for Replacement Property. Buyer shall bear all cost and expense of
this coverage.
6. SELLER'S DELIVERIES.
Prior to the Close of Escrow No. 1, Seller shall deposit or cause to be deposited
into Escrow for delivery to Buyer at closing the following:
(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.
In addition, Seller warrants that all residents of the property shall vacate the
property within forty-eight (48) hours of close of Escrow No. 1, and that all personal property,
including autos and other personal belongings will be completely removed from site of Property
within forty-eight (48) hours of close of Escrow No. 1. If any such personal property shall
remain on Property site forty -eight (48) hours following the close of Escrow No. 1, Seller shall
forfeit such personal property and shall repay Buyer for any costs Buyer may incur in causing the
removal and disposal of said items from Property site.
7. BUYER'S DELIVERIES.
Prior to the Close of Escrow No. 1, Buyer shall deposit or cause to be deposited
into Escrow to be delivered to Seller the following:
Section 3;
(a) The Cash Purchase Price, in accordance with Section 3;
(b) Funds to liquidate existing mortgage on Property, in accordance with
4
(c) An estimate of value of the third component of the full Consideration, as
described in Section 3, a Replacement House and Replacemrolf Property on which that house is
constructed, with such estimate made as though constructio Replacement House was
complete; and
(d) Grant Deed for Replacement Property; and
(e) 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 No. 1 be fulfilled;
(a) Title Company has committed to issue to Buyer the Title Policy with
liability equal to the value of the full consideration, 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, and all items listed in Section 6 of this Agreement.
(c) Buyer shall deposit into Escrow the funds described in Section 7 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.
When Certificate of Occupancy is issued for Replacement House, Escrow No. 2
can close, and the Grand Deed for the Replacement Property can be recorded, completing the
transfer of title outlined in this Agreement.
9. COSTS AND EXPENSES.
The cost and expense of the Title Policies at the Basic Title Insurance Rate, the
escrow fees, and all documentary transfer taxes payable in connection with the recordation of the
Grant Deeds and all of Escrow Holder's customary charges for document drafting, recording and
miscellaneous charges for both Escrow No. 1 and Escrow No. 2 shall be paid by Buyer.
10. PROBATIONS.
The following prorations shall be made between Buyer and Seller by Escrow
Holder at the Close of each Escrow, computed as of the closing date of each:
�& 10.4
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 No. 1 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.
Seller shall become responsible for taxes on Replacement Property as of Close of
Escrow No. 2. Buyer shall assume no responsibility for Seller's obtaining or Seller's application
to effect the transfer of the base year valuation on Property to Replacement Property. Nor shall
Buyer assume responsibility for any deficiency amount, representing any difference between
property taxes currently levied on Property and property taxes levied on Replacement Property
upon the completion of Replacement House. Seller may file a request with the Office of the Tax
Assessor of the County of Ventura to transfer the base year valuation on Property to Replacement
Property, under provisions of Section 68 of the California Revenue and Tax Code, and more
specifically to Rule 462.500 of the California Code of Regulations.
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. BUYER'S AND 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 No. 1, (ii) is true as of the Effective Date, and (iii) is material and is
being relied upon by Buyer:
12.1 Authori .
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 person whose name is set forth below
hereby personally represents and warrants that he /she has full power and authority to sign the
6
name of Seller to this Agreement and to cause this Agreement to be a binding obligation of
Seller. j-
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.
Likewise, Buyer affirms it has no knowledge of any proceedings pending on
Replacement Property.
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.
Likewise, Buyer has no notice or actual knowledge of any violation of applicable
law, ordinance, rule, regulation or requirement of any governmental agency, body or subdivision
affecting or relating to Replacement 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.
Likewise, Buyer 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
Replacement Property, or any portion thereof.
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I 1.,: ? G
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 of any lease of any portion of the Property or any
other instrument which may result in an alteration of the condition of title.
12.7 Hazardous Materials.
To the best of Seller's actual knowledge as it relates to Property, and to the best of
Buyer's actual knowledge as it relates to Replacement Property, (i) there are no Hazardous
Materials in existence on or below the surface of the Land or Replacement Land, including,
without limitation, contamination of the soil, subsoil or ground water, which constitute a
violation or any law, rule or regulation of any government entity having jurisdiction thereof or
which expose Buyer or Seller to liability to third parties, or (ii) there are no underground fuel or
chemical storage tanks located on the Property or Replacement Property, and (iii) Seller and
Buyer have not used, nor permitted use of, the Property or Replacement 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 or
Replacement 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 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 SeMc ., 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 and
Buyer have received 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 or Replacement Property and Seller and Buyer have no knowledge of any condition or
activity on the Property or Replacement 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 and Buyer has no
knowledge of any condition or use of Replacement 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
(iii) the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seg.); (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 or Replacement Property; and there is no association which has
been formed for the purpose of managing any portion of the Property or Replacement Property.
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 and 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.
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 full power and authority to sign the
name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of
Buyer.
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LI- ��2.8
13.2 Truthfulness at Closing.
The representations of Buyer set forth in this Agreement shall be true on and as of
the Close of Escrow No. 1 as if those representations and warranties were made on and as of such
time.
14. DEFAULT.
14.1 Liquidated Damages.
IF BUYER COMMITS A MATERIAL 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 ESTABLISH SELLER'S DAMAGES
BY REASON OF BUYER'S DEFAULT. ACCORDINGLY, BUYER AND SELLER AGREE
THAT IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER
"LIQUIDATED DAMAGES" EQUAL TO ONE THOUSAND DOLLARS ($1,000.00). 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.
Seller's Initials J57 0 Buyer's Initials G'
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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 full consideration 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 shall be
returned to Buyer and this Agreement shall be null and void; (ii) proceed to closing and deduct
from the full consideration for 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 full consideration for the Property, 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: Joseph Montes, Esq.
To Seller: Estella Betancourt
661 Magnolia Street
Moorpark, CA 93021
To Escrow Holder: Old Republic Title Company
4721 Calle Carga
Camarillo, CA 93012
Attn: Escrow Officer
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 Assignment.
Buyer may assign, transfer or convey 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.
15.4 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.
15.5 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
12
and materials contracts), soils investigations and reports, water and sewer studies, topographic
maps, photographs, mapping, platting and other materials, if any, concerning the Progeny, �,vhich
are owned by Seller or are in Seller's possession.
15.6 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.
15.7 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 CounteEparts.
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.
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16.4 Captions.
Any captions to, or headings of, the paragra�i 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.
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.
16.6 Exhibits.
The Exhibits attached hereto are hereby incorporated herein by this reference.
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, including Construction
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.
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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.
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 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 shall survive the Closing and shall not merge into any deed,
assignment or other instrument executed or delivered pursuant hereto.
16.15 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
15
Both parties to this Agreement anticipate benefit from the Agreement. The
parties hereto entered into this Agreement knowingly and voluntarily and to the extent
they indivi- dually desired or deemed it advisable sought the advice of legal counsel and each
has read this Agreement, knows its contents and the import thereof, and freely, voluntarily
and knowingly signed and entered into the same.
"Buyer" City of Moorpark Redevelopment Agency
(Note: Buyer Must Also
Initial Section 14) By:
Steven Kueny
Executive Director
"Seller"
(Note: Seller Must Also
Initial Section 14)
Estella Betancourt
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EXHIBIT "A"
LEGAL DESCRIPTION
PROPERTY
17
EXHIBIT "B"
LEGAL DESCRIPTION
REPLACEMENT PROPERTY
In
ct'� x
EXHIBIT "C"
AGREEMENT FOR THE CONSTRUCTION OF
REPLACEMENT HOUSE
AT
284 CHARLES STREET
Both parties to this transaction agree that the following describes essential components of the
Replacement House to be constructed at 284 Charles Street.
1) Construction to be consistent with Design Guidelines recommended in the Downtown Specific
Plan, adopted October 7, 1998
2) Single story, standard grade fixtures and products throughout
3) 3 bedrooms; 13/4 bathrooms
4) Not to exceed 1,100 square feet
5) Detached 2 -car Garage in rear
6) Stucco and/or cementitious siding exterior, with color(s) to be selected by Seller, consistent
with Item No. 1, above
7) Dimensional shingle roof, with color to be coordinated with exterior house color and selected
by Seller, consistent with Item No. 1, above
8) Concrete driveway
9) Cinderblock wall along rear perimeter and rear sides of Replacement Property with returns; 2
gates: 1 gate (or 2- section gate) at driveway to permit vehicle access to garage; 1 gate
(approximately 3' wide) at return on other side of house
10) Interior walls to be lightly textured and painted one light color throughout, which color shall be
Seller's choice
11) Appliances to be included (either built in or free standing, per Agency):
• Oven
• Range
• Garbage Disposal
12) Forced air heating
13) Standard grade wall to wall carpeting in Seller's color choice in living room and bedrooms, and
hallway if applicable
14) Standard grade vinyl floor covering in Seller's color choice, in kitchen/dining area and
bathrooms
15) Window coverings to consist of standard grade miniblinds or vertical vinyl blinds
16) Basic landscaping to include grass seeding and automatic sprinklers for front yard and parkway
between sidewalk and curb only
Seller agrees to enter into and be bound by a Contract for Services for the execution of the
construction of Replacement House. Seller shall bear no financial responsibility for the payment
for such services, such payment being the sole responsibility of the Moorpark Redevelopment
Agency.
Construction shall be workmanlike and of good quality, and products used shall be serviceable and
durable. A ten -year warranty against construction defects shall be required of contractors on
19
structural and mechanical work and one -year warranty shall be required against other construction
defects. Buyer does not and shall not warranty anything not warranteed by law. Warranties on all
products and systems of Replacement House shall be those provided by manufacturer, installer,
and/or distributor of product. Neither the City of Moorpark nor the Moorpark Redevelopment
Agency shall warranty components or installation of any product or system within the Replacement
House.
Seller shall be entitled to professional moving services to facilitate the moving of household and
personal goods from Property to Replacement House, at the sole expense of the Moorpark
Redevelopment Agency. The cost of such services shall be limited to typical charges for such
services within Ventura County at the time Seller prepares to vacate Property, and shall not
exceed twenty -five hundred dollars ($2,500.00).
In the event that Replacement House is not completed and ready for occupancy at the time
Escrow No. 1 is otherwise ready to close, Seller shall be entitled to storage of furniture and
personal belongings, provision of professional moving services, and living expenses, which
costs shall be paid solely by Buyer, until Replacement House may be occupied. Reimbursable
moving and storage costs shall be limited to prevailing charges for such services within Ventura
County at the time these services may be required. Reimbursable living expenses shall be
limited to one hundred dollars ($100.00) per day.
Seller agrees that the above named conditions are acceptable and fair and irrevocably agrees to be
bound by the terms of this Agreement.
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
CITY CLERK
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
EXHIBIT "D"
MEMORANDUM OF PURCHASE AND SALE AGREEMENT
By instrument dated scan %J4 31 , 2001, City of Moorpark Redevelopment
Agency ( "Buyer ") and Estella Betancourt ( "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.
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.
st
This Memorandum is executed as of the 31 day of anva r V , 2001.
"Buyer" City of Moorpark Redevelopment Agency
By:.
Steven Kueny
Executive Director
"Seller "its_
Estella Betancourt
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