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Resolution No. 2004 -137
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 3, 2004
7:00 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
February 18, 2004.
Staff Recommendation: Approve minutes.
B. Consider Mid -Year Amendments to 2003/2004 Fiscal Year
Budget. Staff Recommendation: Adopt Resolution No. 2004-
, amending the 2003/04 Budget. ROLL CALL VOTE REQUIRED
(Staff: Cynthia Borchard)
C. Consider Subordination, Nondisturbance and Attornment
Agreement with Wells Fargo Bank and Mission Bell Plaza
Phase II, LLC Relating to Mission Bell Plaza Phase II
Shopping Center. Staff Recommendation: Approve the
Agreement and authorize the Agency Chair to execute the
Agreement. (Staff: Hugh Riley)
Redevelopment Agency Agenda
March 3, 2004
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 e public may address the Agency during the Public Comments portion of e
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 item of business
on the agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City Clerk at (805)
517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to
review an agenda or participate in this meeting, including auxiliary aids or services,
please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can
be made available in appropriate alternative formats to persons with a disability. Any
request for disability- related modification or accommodation should be made at least 48
hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA
Title II).
CITY OF N1Ot1RFARK, CALTFORNTA
Redevelopment Agencv Meeting
of 3-3-a0o�
ACTION: V
By: INUTES OF THE REDEVELOPMENT
Moorpark, California
ITEM 5 • A•
AGENCY
February 18, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on February 18, 2004, 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 8:02 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley,
Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
None.
5. CONSENT CALENDAR:
MOTION: Agency Member Councilmember Parvin 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
February 4, 2004.
Staff Recommendation: Approve minutes.
B. Consider Approval of a Petition and Waiver Requesting
Formation of Assessment District AD04 -1 (Colmer /MRA -
Tract 5307). Staff Recommendation: Authorize the
Chair to sign the Petition and Waiver and direct staff
to forward same to the City Council.
00000:L
Minutes of the Redevelopment Agency
Moorpark, California Page 2 February 18, 2004
C. Consider Request by Catholic Charities of Ventura
County to Sublease Space at the Moorpark Community
Services Center and Food Pantry to the Moorpark
Neighborhoods for Learning (NfL). Staff
Recommendation: Approve the request by Catholic
Charities to sublease space within the Moorpark
Community Services Center and Food Pantry to the
Moorpark Neighborhoods for Learning (NfL) conditioned
on the lease income from this sublease be set aside by
Catholic Charities for their capital campaign to build
a separate, permanent Moorpark facility for the
Moorpark Community Services Center and Food Pantry.
6. CLOSED SESSION:
Mr. Kueny requested the Agency recess the meeting and
reconvene into closed session for discussion of Item 6.C.
at the conclusion of the City Council meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 8:03 p.m. The meeting reconvened at 11:14 p.m.
MOTION: Agency Member Millhouse moved and Agency Member Harper
seconded a motion to adjourn to closed session for discussion of
Item 6.C. on the agenda. The motion carried by unanimous voice
vote.
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)
Present in closed session were Agency Members Harper,
Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny,
Executive Director; Joseph Montes, General Counsel; Hugh
Riley, Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 11:33 p.m. Mr.
Kueny announced that Item 6.C. was discussed and that there
was no action to report.
000002
Minutes of the Redevelopment Agency
Moorpark, California Page 3 February 18, 2004
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 11:33 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
000013
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5" . b.
CTTI' 01- , %, I ^ 'vr CALTFORNIA
Re&t.- ` VV Meeting
of 3-3-A004
AGENH
TO: Honorable Board of Directors
FROM: Cindy Borchard, Administrative Services Director
DATE: February 19, 2004 (meeting of March 3, 2004)
SUBJECT: CONSIDER MID -YEAR AMENDMENTS TO 2003/2004 FISCAL YEAR
BUDGET
BACKGROUND
The Board of Directors adopted a budget for fiscal year
2003/2004 on June 18, 2003 and has amended it several times for
various projects and programs. After a review of the current
budget status, in anticipation of developing a budget
recommendation for the new fiscal year, staff has compiled
additional recommended budget amendments for the Board's
consideration.
DISCUSSION
The attached resolution makes several expenditure adjustments to
the currently adopted 2003/2004 fiscal year budget, with an
explanation for each item contained in Exhibit "A ". These
adjustments are all either omissions, or critical items that
were not previously included in the budget.
Changes in revenue accounts will be reflected in the Fiscal Year
2004/05 budget projections.
STAFF RECOMMENDATION (Roll Call Vote Required)
1. Adopt Resolution No. 2004- amending the 2003/2004
budget as noted in Exhibit "A" to the attached resolution.
0000 04
RESOLUTION NO. 2004-
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE FISCAL YEAR 2003/2004
ADOPTED OPERATING AND CAPITAL
IMPROVEMENTS BUDGET
WHEREAS, on June 18, 2003, the Board of Directors adopted
the Operating and Capital Improvements Budget for fiscal year
2003/2004; and
WHEREAS, certain additions and adjustments to the budget
are proposed to allow for effective service delivery for the
balance of the fiscal year; and
WHEREAS, the Board of Directors now wishes to amend the
2003/2004 fiscal year budget as noted in Exhibit "A ".
NOW, THEREFORE, THE AGENCY BOARD OF DIRECTORS OF THE CITY
OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment as 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 3rd day of March, 2004.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
00000S
Exhibit "A"
Moorpark Redevelopment Agency
Mid Year Budget Amendment for the 2003/2004 Fiscal Year
Total
r"1
v�
60,480
Object
Current
Current
Amended
Budget Unit
Code
Division
Description Budget
Actual
Revision
Budget Explanation
2901 - 0000 -0000
9720
MRA Low /Mod
Debt Service Interest $
$ 22,200
$ 22,200
$ 22,200 Mission Bell; not budgeted; amount will be covered by Cabrillo interest.
2901 - 0000 -0000
9730
MRA Low /Mod
Debt Service Principal
13,606
13,606
13,606 Mission Bell; not budgeted; amount will be covered by Cabrillo interest.
2902 - 2410 -0000
9123
Redevelopment
Legal Services - Litigation
22,891
22,891
22,891 Mission Bell; not budgeted.
2902 - 2410 -2007
9122
Redevelopment
Legal Svcs -Non Retainer
1,783
1,783
1,783 Civic Center legal services; not budgeted.
Total
r"1
v�
60,480
ITEM 5- G.
CITY Or mOORPARK, CALIFORNIA
Redevelopment Agenev Meeting
of 3-3 -ADIDq
ACTION:
3Si12 _ �.G -
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director
DATE: February 25, 2004 (Agency Meeting of March 3, 2004)
SUBJECT: Subordination, Nondisturbance and Attornment
Agreement with Wells Fargo Bank and Mission Bell
Plaza Phase II, LLC Relating to Mission Bell Plaza
Phase II Shopping Center
_ imi�'i
The Agency Board is requested to approve a Subordination,
Nondisturbance and Attornment Agreement With Wells Fargo Bank
and Mission Bell Plaza Phase II, LLC Relating to Mission Bell
Plaza Phase II Shopping Center.
DISCUSSION
on April 21, 1995 the Redevelopment Agency of the City of
Moorpark and Mission Bell Partners, entered into a
"Disposition and Development Agreement ( "the DDA ").
Pursuant to the terms of the DDA, the Agency received seven
promissory notes dated August 2, 1995, each secured by a deed
of trust recorded August 17, 1995 as Document Nos. 95- 098479,
95- 098480, 95- 098481, 95- 098482, 95- 098483, 95- 098484, and
95- 098485, against the seven separate parcels of the real
property commonly referred to as the Mission Bell Plaza Phase
II Shopping Center (the "Subject Property ") . The deed of
trust referred to as Document No. 95- 098480 has since been
reconveyed as the note it secured has been paid in full.
Pursuant to a Lease dated June 16, 2003, Wells Fargo Bank,
N.A. has leased a portion of the Subject Property (the
"Leased Premises ") from the present owner, Mission Bell Plaza
Phase II, LLC, the successor to Mission Bell Partners.
00000",
Moorpark Redevelopment Agency Agenda Report
March 3, 2004
Page 2
Wells Fargo Bank and Mission Bell Plaza Phase II, LLC have
now requested that the Agency enter into a Subordination,
Nondisturbance and Attornment Agreement (the "Agreement ")
which provides, among other things, that in the event the
Agency should become the owner of the Leased Premises (for
example, in the event of a foreclosure), the Agency would be
subject to the terms of the Lease as landlord and Wells Fargo
Bank would be required to acknowledge the Agency as its
landlord, i.e. "attorn" to the Agency.
Pursuant to Section 205.e. of the DDA, the Agency agreed to
execute a non - disturbance agreement such as the Agreement
upon the request of Mission Bell Partners, or its successor,
provided that the tenant has executed an attornment agreement
to the reasonable satisfaction of the Agency. The attached
Agreement has been reviewed and its terms negotiated by Staff
and Agency Counsel with Wells Fargo Bank and Mission Bell
Plaza Phase II, LLC.
STAFF RECOMMENDATION
Approve the Agreement and authorize the Agency Chair to
execute the Agreement.
Attachment: Subordination, Nondisturbance and Attornment
Agreement
2 000008
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
SPACE ABOVE FOR RECORDER'S USE
SUBORDINATION, NONDISTURBANCE AND
ATTORNMENT AGREEMENT
THIS AGREEMENT made as of this 3rd day of March, 2004, by
and between THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
( "Lender ") and WELLS FARGO BANK, N.A., a national banking
association ( "Tenant ").
R E C I T A L S:
A. Tenant has entered into a certain Lease (the "Lease ")
dated June 16, 2003 wherein Mission Bell Plaza II, LLC, a
California limited liability company is the Landlord, for
certain premises (the "Premises ") located in the City of
Moorpark, Ventura County, California, located within a shopping
center legally described in Exhibit A attached hereto and made a
part hereof (the "Shopping Center ").
B. Lender is the beneficiary of:
(i) A Deed of Trust wherein Mission Bell Partners, a
California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098479, encumbering the Premises.
w: \opm01 \redeve10pment snda.1 — 1
000009
(ii) A Deed of Trust wherein Mission Bell Partners, a
California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098481, encumbering the Premises.
(iii) A Deed of Trust wherein Mission Bell Partners,
a California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098482, encumbering the Premises.
(iv) A Deed of Trust wherein Mission Bell Partners, a
California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098483, encumbering the Premises.
(v) A Deed of Trust wherein Mission Bell Partners, a
California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098484, encumbering the Premises.
(vi) A Deed of Trust wherein Mission Bell Partners, a
California partnership, predecessor -in- interest to Landlord is
the Trustor. The Deed of Trust is dated August 2, 1995 and was
recorded with the Ventura County Recorder on August 17, 1995 as
Document No. 95- 098485, encumbering the Premises.
The Deeds of Trust listed in (i) through (vi) above
secure a loan or loans from Lender to Landlord and are
w: \opm01 \redeve1opment snda.2 — 2 —
00001 0
individually and collectively referred to herein as the `Deed of
Trust ".
C. Each party hereto has requested the other party to
enter into this Agreement.
A G R E E M E N T S:
NOW, THEREFORE, in consideration of the above Recitals and
the agreements of the parties set forth below, and for One
Dollar ($1.00) and other good and valuable consideration, the
parties hereto agree as follows:
1. Subject to Paragraph 2 below, the Lease and each and
every term and condition thereof, and any extensions, renewals
or modifications thereof, and all of the right, title and
interest of Tenant in and to the Premises are and shall be
subject and subordinate to the Deed of Trust and to all of the
terms and conditions contained therein, all advances made or to
be made thereunder, and to any renewals, modifications,
supplements, consolidations, increases and extensions thereof.
2. Lender agrees that in the event of foreclosure of the
Deed of Trust, or other enforcement of the terms and conditions
of the Deed of Trust or the exercise by Lender of its rights
under the Deed of Trust, or if Lender comes into possession or
acquires title to the Shopping Center or Premises as a result of
foreclosure or the threat thereof, or as a result of any other
means then, provided that Tenant is not then in default under
the Lease beyond any applicable cure period, such action shall
not result in either a termination of the Lease or a diminution
or impairment of any of the rights granted to Tenant in the
Lease or in an increase in any of Tenant's obligations under the
w: \opm01 \redevelopment snda.3 nn
0000:1 -1.
Lease, including but not limited to provisions in the Lease
dealing with condemnation, fire and other casualties. Prior to
the commencement of foreclosure proceedings (whether judicial or
by power of sale), insurance and condemnation proceeds shall be
disbursed in accordance with the Lease and not in accordance
with the Deed of Trust, as long as Tenant is not in default
under the Lease beyond any applicable cure period.
3. Tenant agrees with Lender that if the interest of
Landlord under the Lease or in the Premises shall be transferred
to Lender and /or its successors or assigns by reason of
foreclosure or other proceedings, or by any other manner, or in
the event of a foreclosure sale of the Premises to any other
person, firm, or corporation, then in any of said events, Tenant
shall be bound to Lender and /or its successors or assigns or
such purchaser, grantee or other successor to Landlord's
interest ( "Successor Landlord ") under all of the terms,
covenants and conditions of the Lease for the balance of the
term remaining and any extensions or renewals thereof which may
be effected in accordance with any option therefor in the Lease,
with the same force and effect as if the Successor Landlord were
the landlord under the Lease. Tenant does hereby agree to
attorn to the Successor Landlord and to recognize the Successor
Landlord as the landlord under the Lease. The agreement of
Tenant to attorn is effective and self - operative, without the
execution of any further instrument, immediately upon the
succession of Successor Landlord to the interest of Landlord
under the Lease and /or in the Premises.
4. At such time that Successor Landlord succeeds to the
interest of Landlord under the Lease, Successor Landlord shall
be bound to Tenant under all of the terms, covenants and
w: \opm01 \redeve1opment snda.4 — 4 —
000012
conditions of the Lease for the balance of the term remaining
and any extensions or renewals thereof which may be effected in
accordance with any option therefor in the Lease; provided,
however, Tenant agrees that a Successor Landlord shall not be:
(a) liable, except for non - monetary defaults of a
continuing nature that are reasonably susceptible to cure and
except for Landlord's obligation to pay the Tenant Improvement
Allowance, for any act or omission of any prior landlord under
the Lease, nor shall Tenant have any rights under the Lease as a
result thereof;
(b) bound by any base rent or additional rent or
other amounts which Tenant may have paid for more than the
current or next succeeding month to any prior landlord, except
to the extent such base rent, additional rent or other amounts
are actually delivered to Successor Landlord; or
(c) except in connection with a casualty or
condemnation (and then only to the extent of the insurance or
condemnation proceeds actually received by Successor Landlord),
obligated to perform any alterations in the Premises or any part
thereof, or to make any payments to Tenant except for the Tenant
Improvement Allowance and any condemnation proceeds to which
Tenant is entitled under the Lease; or
(d) subject to any offsets or defenses that Tenant
might have against any prior landlord;
(e) bound by any amendment or modification of the
Lease made after the date of this Agreement without Lender's
prior written consent; or
w: \opm01 \redeve1opment snda.5 — 5— 000013
(f) liable for the return of any security deposit
except to the extent such security deposit has actually been
delivered to Successor Landlord.
5. Tenant agrees to give to Lender at its address
specified below a duplicate copy of each notice of default which
Tenant gives to Landlord at the same time as such notice is
given to Landlord. Tenant agrees not to seek to terminate the
Lease or to abate the payment of any rent o'r other amounts
payable thereunder by reason of any default of Landlord without
prior written notice thereof to Lender and the lapse thereafter
of the longer of (a) thirty (30) days after Lender's actual
receipt of such notice and (b) such period of time following
Lender's actual receipt of such notice as Landlord has to cure
the default which gives rise to such alleged right of
termination or abatement; provided, however, that with respect
to any default of Landlord under the Lease which cannot be
remedied within such time, Tenant agrees not to seek to
terminate the Lease or to abate the payment of any rent or other
amounts payable thereunder if Lender commences to cure such
default within such time and thereafter diligently proceeds with
such efforts and pursues the same to completion. All such
notices shall be in writing and shall be deemed to have been
given when delivered personally or three (3) business days after
deposit in the United States mail, certified or registered,
postage prepaid, addressed as follows:
THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
w: \opm01 \redeve1opment snda.6 — 6 —
000014
6. Tenant shall, upon Lender's demand therefor, and
without regard to any contrary instructions from Landlord,
thereafter pay directly to Lender all amounts thereafter payable
by Tenant to Landlord under the Lease. Landlord hereby agrees
that any amounts paid by Tenant pursuant to such demand shall be
credited against Tenant's obligations under the Lease as though
paid directly to Landlord.
7. This Agreement shall bind and inure to the benefit of
the parties hereto, their successors and assigns. As used
herein, the term "Tenant" shall include Tenant, its successors
and assigns as permitted under the Lease; the words
"foreclosure" and "foreclosure sale" as used herein shall be
deemed to include the acquisition of Landlord's estate in the
Shopping Center or Premises by voluntary deed (or assignment) in
lieu of foreclosure, and the word "Lender" shall include the
Lender specifically named herein and any of its successors and
assigns, including any Successor Landlord.
8. Tenant agrees that neither Lender nor any of its
officials, officers, employees or agents have any personal
liability under this Agreement or the Lease, and Tenant agrees
that it will look solely to the interest of Lender in the
Premises for the payment of any claim arising hereunder or under
the Lease.
[SIGNATURE PAGE FOLLOWS]
w: \opm01 \redeve1opment snda.7 — 7 —
000015
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the month, day and year first above written.
"LENDER" THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
By:
Name:
Title:
"TENANT" WELLS FARGO BANK, N.A.,
a national banking association
By:
Name:
Title
Landlord hereby consents and agrees to the terms of Paragraph 6.
"LANDLORD" Mission Bell Plaza II, LLC,
a California limited liability company
By:
Its: Manager
w: \opm01 \redeve1opment snda.8 — 8 000016
STATE OF )
COUNTY OF )
On
before me,
personally appeared ,
personally known to me - OR - proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
STATE OF )
COUNTY OF )
On
before me,
'
personally appeared
personally known to me - OR - proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
w: \opm01 \redeve1opment snda.9
ll0/r�,�y
001
STATE OF )
COUNTY OF )
On
before me,
personally appeared ,
personally known to me - OR - proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
w: \opm01 \redeve1opment snda.10 p
000018
EXHIBIT "A"
(Shopping Center)
This Exhibit "A" to that certain Subordination, Nondisturbance and
Attornment Agreement dated as of March 3, 2004, by and between The Redevelopment
Agency of the City of Moorpark ( "Lender "), and Wells Fargo Bank, N.A., a national
banking association ( "Tenant ") describes the Shopping Center as follows:
Phase I of the Shopping Center.
Lots 1 to 3 inclusive, and remainder Parcel B of Tract No. 4757 -1, in the City of
Moorpark, County of Ventura, State of California, as per map recorded in Book 124,
Pages 65 to 67, inclusive of maps in the Office of the County Recorder of Ventura
County
Phase II of the Shopping Center.
Parcels 1 to 7 inclusive of Parcel Map 4961, in the City of Moorpark, County of
Ventura, State of California, as per map filed in Book 55, Pages 55 to 57 inclusive of
Parcel Maps, in the office of the County Recorder of Ventura County.
w: \opm014ells fargo exh A 0010019
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