HomeMy WebLinkAboutORD 263 1999 1006ORDINANCE NO: 263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT
NO. 98 -01 BETWEEN THE CITY OF MOORPARK AND MORRISON-
FOUNTAINWOOD- AGOURA PERTAINING TO THE DEVELOPMENT OF
THE SPECIFIC PLAN NO. 2 PROJECT
WHEREAS, at a duly noticed public hearing on September 15, 1999,
the City Council considered the application for Development
Agreement No. 98 -01, filed by Morrison- Fountainwood- Agoura for
the Moorpark Highlands Specific Plan Project (consisting of
Specific Plan No. 2 /Specific Plan No. 95 -2, General Plan
Amendment No. 95 -2, Zone Change No. 95 -4, and Development
Agreement No. 98 -01) for an approximately 445 acre site located
within the City of Moorpark, in Ventura County, southerly and
proximate to the City northerly boundary, northerly of Charles
Street, westerly of Happy Camp Canyon Regional Park and easterly
of existing residential development within the City and
_ncorporating Assessor Parcel Numbers: 500 -0- 240 -035; 500- 0 -240-
045; 500 -0- 270 -075; 500 -0- 270 -085; 500 -0- 270 -195; 500 -0- 270 -205;
512 -0- 160 -125; 512 -0- 160 -525; 512 -0- 160 -545; 512 -0- 160 -555; 512-
0- 160 -705; and
WHEREAS, the Planning Commission of the City of Moorpark on
December 14, 1998, did adopt Resolution PC -98 -362 recommending
to the City Council approval of Specific Plan No. 2 /Specific
Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change
No.95 -4, and certification of the project EIR, subject to
findings and amendments incorporated into that resolution; and
WHEREAS, the Planning Commission of the City of Moorpark on
August 30, 1999, did adopt Resolution PC -99 -382 recommending �o
the City Council approval of Development Agreement No. 98 -01;
and
WHEREAS, the City Council on April 21, 1999, certified the
Final Environmental Impact Report for the Moorpark Highlands
Specific Plan as having been completed in accordance with the
California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's CEQA procedures and meeting all
findings required by CEQA; and
WHEREAS, the City Council on September 15, 1999, did adopt
Resolution 99 -1654 adopting a Mitigation Monitoring Program and
a Statement of Overriding Considerations relative to the
Moorpark Highlands Specific Plan Project.
Ordinance No. 263
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Development Agreement 98 -01 (Attachment 1)
between the City of Moorpark, a municipal corporation, and
Morrison- Fountainwood- Agoura, a California General Partnership,
related to the development of the Moorpark Highlands Specific
Plan (Specific Plan No. 2) is hereby adopted, and, the City
Clerk is hereby directed to cause one copy of the signed adopted
agreement to be recorded within the records of the County of
Ventura within ten days of adoption of said agreement.
SECTION 2. The City Council of the City of Moorpark hereby
finds as follows:
A. The Development Agreement for the Moorpark Highlands
Specific Plan is consistent with the General Plan and
the Specific Plan for which it has been prepared for.
S. That the Development Agreement and assurances that
said agreement places upon the project development of
Specific Plan No.2 are consistent with the intent and
provisions of the Final Environmental Impact Report
certified on April 21, 1999;
C. That the Development Agreement is necessary to insure
the public health, safety and welfare.
SECTION 3. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 9. If any section, sub - section, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this ordinance and each section, sub-
section, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
Ordinance No. 263
Page 3
SECTION 5. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which same is passed and adopted; and
shall within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in a newspaper of
general circulation, as defined in Section 6008 of t:ne
Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 6`h day of October, 1999.
ATTEST:
Deborah S. Traffenstedt, City Clerk
atrick Bunter, Mayor
ATTACHMENT 1: Development Agreement No. 98 -01
Ordinance No. 263
Page 4
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
AGOURA FOUNTAINWOOD for
MOORPARK HIGHLANDS SPECIFIC PLAN NO. 2
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
Ordinance No. 263
Page 5
DEVELOPMENT AGREEMENT
This Development Agreement ( "the Agreement ") is made and
entered into by and between the CITY OF MOORPARK, a municipal
corporation, (referred to hereinafter as "City ") and
Fountainwood Agoura, a California General Partnership, the owner
of real property within the City of Moorpark generally referred
to as Moorpark Highlands Specific Plan No. 2 (referred to
hereinafter individually as "Developer "). City and Developer
are referred to hereinafter individually as "Party" and
collectively as "Parties." In consideration of the mutual
covenants and agreements contained in this Agreement, City and
Developers agree as follows:
1. Recitals. This Agreement is made with respect to the
following facts and for the following purposes, each of
which is acknowledged as true and correct by the Parties:
1.1. Pursuant to Government Code section 65864 et se q.
and Moorpark Municipal Code chapter 15.40, City is
authorized to enter into a binding contractual
agreement with any person having a legal or
equitable interest in real property within its
boundaries for the development of such property in
order to establish certainty in the development
process.
1.2. Prior to approval of this Agreement, but after the
certification of that certain Moorpark Highlands
Specific Plan No. 2 Final Environmental Impact
Report ( "the EIR ") , the City Council of City ( "the
City Council ") approved a mitigation monitoring
program to insure compliance with the mitigation
measures contained in the EIR ( "the Mitigation
Monitoring Program "), approved General Plan
Amendment No. 95 -2 ("GPA 95 -211) and Moorpark
Highlands Specific Plan No. 2 ( "SP 95 -2 ") for
approximately 445 acres of land within the City
( "the Property "), as more specifically described in
Exhibit "A" attached hereto and incorporated herein,
Ordinance No. 263
Page 6
and changed the zoning of the Property pursuant to
Zone Change No. 95 -4 ("ZC 95 -411).
1.3. Intentionally left blank.
1.4. GP 95 -2, SP 95 -2 and ZC 95 -4 (collectively "the
Project Approvals; individually "a Project
Approval ") provide for the development of the
Property as a master planned community and the
construction of certain off -site improvements in
connection therewith ( "the Project ").
1.5. By this Agreement, City desires to obtain the
binding agreement of Developers to develop the
Property in accordance with the Project Approvals
and this Agreement. In consideration thereof, City
agrees to limit the future exercise of certain of
its governmental and proprietary powers to the
extent specified in this Agreement.
1.6. By this Agreement, Developer desires to obtain the
binding agreement of City to permit the development
of the Property in accordance with the Project
Approvals and this Agreement. Developer anticipates
developing the Property over a minimum of three (3)
years. In consideration thereof, each Developer
agrees to waive its rights to legally challenge the
limitations and exactions imposed upon the
development of the Property pursuant to the Project
Approvals and this Agreement and to provide the
public benefits and improvements specified in this
Agreement.
1.7. City and Developer acknowledge and agree that the
consideration that is to be exchanged pursuant to
this Agreement is fair, just and reasonable and that
this Agreement is consistent with the General Plan
of City, as amended by GP 95 -2.
1.8. On August 30, 1999, the Planning Commission of City
commenced a duly noticed public hearing on this
Ordinance No. 263
Page 7
Agreement, and at the conclusion of the hearing
recommended approval of the Agreement.
1.9. On September 15, 1999, the City Council commenced a
duly noticed public hearing on this Agreement, and
at the conclusion of the hearing approved the
Agreement by Ordinance No. 263 ( "the Enabling
Ordinance ").
2. Property Subject To This Agreement. All of the Property
shall be subject to this Agreement. The Property may also
be referred to hereinafter as "the site" or "the Project
area ".
3. Binding Effect. The burdens of this Agreement are binding
upon, and the benefits of the Agreement inure to, each
Party and each successive successor in interest thereto and
constitute covenants that run with the Property. Whenever
the terms "City" and "Developer" are used herein, such
terms shall include every successive successor in interest
thereto, except that the term "Developer" shall not include
the purchaser or transferee of any lot within the Project
area that has been fully developed in accordance with the
Project Approvals and this Agreement.
3.1. Constructive Notice and Acceptance. Every person
who acquires any right, title or interest in or to
any portion of the Property in which a Developer has
a legal interest is, and shall be, conclusively
deemed to have consented and agreed to be bound by
this Agreement, whether or not any reference to the
Agreement is contained in the instrument by which
such person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of
any Developer's interest in any portion of the
Property, that Developer shall be released from its
obligations with respect to the portion so sold or
transferred subsequent to the effective date of the
sale or transfer, provided that the Developer (i)
was not in breach of this Agreement at the time of
the sale or transfer and (ii) prior to the sale or
Ordinance No. 263
Page 8
transfer, deliver to City a written assumption
agreement, duly executed by the purchaser or
transferee and notarized by a notary public, whereby
the purchaser or transferee expressly assumes the
obligations of Developer under this Agreement with
respect to the sold or transferred portion of the
Property. Failure to provide a written assumption
agreement hereunder shall not negate, modify or
otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City
discretion to approve or deny any such sale or
transfer, except as otherwise expressly provided in
this Agreement.
4. Development of the Property. The following provisions
shall govern the subdivision, development and use of the
Property.
4.1. Permitted Uses. The permitted and conditionally
permitted uses of the Property shall be limited to
those that are allowed by the Project Approvals and
this Agreement.
4.2. Development Standards. All design and development
standards, including but not limited to density or
intensity of use and maximum height and size of
buildings, that shall be applicable to the Property
are set forth in the Project Approvals and this
Agreement.
4.3. Building Standards. All construction on the
Property shall adhere to the Uniform Building Code,
including the Fire Resistive Design Manual, the
National Electrical Code, the Uniform Plumbing Code,
the Uniform Mechanical Code, the Uniform Housing
Code, the Uniform Code for the Abatement of
Dangerous Buildings, the Uniform Code for Building
Conservation and the Uniform Administrative Code in
effect at the time the plan check or permit is
approved and to any federal or state building
Ordinance No. 263
Page 9
requirements that are then in effect (collectively
"the Building Codes ").
4.4. Reservations and Dedications. All reservations and
dedications of land for public purposes that are
applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co.
V. City of Camarillo, 37 Cal.3d 465 (1984) , the
California Supreme Court held that the failure of
the parties therein to provide for the timing or
rate of development resulted in a later - adopted
initiative restricting the rate of development to
prevail against the parties' agreement. City and
Developers intend to avoid the result in Pardee by
acknowledging and providing that Developers shall
have the right, without obligation, to develop the
Property in such order and at such rate and times as
Developers deems appropriate within the exercise of
their subjective business judgment.
In furtherance of the Parties intent, as set forth
in this section, no future amendment of any existing
City ordinance or resolution, or future adoption of
any ordinance, resolution or other action, that
purports to limit the rate or timing of development
over time or alter the sequencing of development
phases, whether adopted or imposed by the City
Council or through the initiative or referendum
process, shall apply to the Property. Nothing in
this section shall be construed to limit City's
right to insure that Developer timely provides all
infrastructure required by the Project Approvals,
Subsequent Approvals, and this Agreement.
5.2. Amendment of Project Approvals. No amendment of any
of the Project Approvals, whether adopted or
approved by the City Council or through the
initiative or referendum process, shall apply to any
Ordinance No. 263
Page 10
portion of the Property, unless the Developer has
agreed in writing to the amendment.
5.3. Issuance of Subsequent Approvals. Applications for
land use approvals, entitlements and permits,
including without limitation subdivision maps (e.g.
tentative, vesting tentative, parcel, vesting
parcel, and final maps), subdivision improvement
agreements and other agreements relating to the
Project, lot line adjustments, preliminary and final
planned development permits, use permits, design
review approvals (e.g. site plans, architectural
plans and landscaping plans), encroachment permits,
and sewer and water connections that are necessary
to or desirable for the development of the Project
(collectively "the Subsequent Approvals ";
individually "a Subsequent Approval ") shall be
consistent with the Project Approvals and this
Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building
permits.
Subsequent Approvals shall be governed by the
Project Approvals and by the applicable provisions
of the Moorpark General Plan, the Moorpark Municipal
Code and other City ordinances, resolutions, rules,
regulations, policies, standards and requirements as
most recently adopted or approved by the City
Council or through the initiative or referendum
process and in effect at the time that the
application for the Subsequent Approval is deemed
complete by City (collectively "City Laws "), except
City Laws that:
(a) change any permitted or conditional permitted
uses of the Property from what is allowed by the
Project Approvals;
(b) limit or reduce the density or intensity of the
Project, or any part thereof, or otherwise require
any reduction in the number of proposed buildings or
Ordinance No. 263
Page 11
other improvements from what is allowed by the
Project Approvals.
(c) limit or control the rate, timing, phasing or
sequencing of the approval, development or
construction of all or any part of the Project in
any manner, provided that all infrastructure
required by the Project Approvals to serve the
portion of the Property covered by the Subsequent
Approval is in place or is scheduled to be in place
prior to completion of construction;
(d) are not uniformly applied on a City -wide basis
to all substantially similar types of development
projects or to all properties with similar land use
designations;
(e) control residential rents;
(f) prohibit or regulate development on slopes with
grades greater than 20 percent, including without
limitation Moorpark Municipal Code chapter 17.38 or
any successor thereto, within all approved planning
units of SP 95 -2,; or
(g) modify the land use from what is permitted by
the General Plan Land Use Element at the operative
date of this Agreement or that prohibits or
restricts the establishment or expansion of urban
services including but not limited to community
sewer systems to the Project.
5.4. Term of Subsequent Approvals. The term of any
tentative map for the Property, or any portion
thereof, shall expire seven (7) years after its
approval or conditional approval or upon the
expiration or earlier termination of this Agreement,
whichever occurs first, notwithstanding the fact
that the final map may be filed in phases. Each
Developer hereby waives any right that it may have
under the Subdivision Map Act, Government Code
section 66410 et seq., or any successor thereto, to
Ordinance No. 263
Page 12
apply for an extension of the time at which the
tentative map expires pursuant to this subsection.
No portion of the Property for which a final map or
parcel map has been recorded shall be reverted to
acreage at the initiative of City during the term of
this Agreement.
The term of any Subsequent Approval, except a
tentative map, shall be one year; provided that the
term may be extended by the decision maker for two
(2) additional one (1) year periods upon application
of the Developer holding the Subsequent Approval
filed with City's Department of Community
Development prior to the expiration of that
Approval. Each such Subsequent Approval shall be
deemed inaugurated, and no extension shall be
necessary, if a building permit was issued and the
foundation received final inspection by City's
Building Inspector prior to the expiration of that
Approval.
It is understood by City and Developers that certain
Subsequent Approvals may not remain valid for the
term of this Agreement. Accordingly, throughout the
term of this Agreement, any Developer shall have the
right, at its election, to apply for a new permit to
replace a permit that has expired or is about to
expire.
5.5. Modification Of Approvals. Throughout the term of
this Agreement, Developer shall have the right, at
its election and without risk to any right that is
vested in it pursuant to this section, to apply to
City for minor modifications to Project Approvals
and Subsequent Approvals. The approval or
conditional approval of any such minor modification
shall not require an amendment to this Agreement,
provided that, in addition to any other findings
that may be required in order to approve or
conditionally approve the modification, a finding is
made that the modification is consistent with this
Agreement.
Ordinance No. 263
Page 13
5.6. Issuance of Building Permits. No building permit,
final inspection or certificate of occupancy will be
unreasonably withheld from any Developer if all
infrastructure required by the Project Approvals,
Subsequent Approvals, and this Agreement to serve
the portion of the Property covered by the building
permit is in place or is scheduled to be in place
prior to completion of construction and all of the
other relevant provisions of the Project Approvals,
Subsequent Approvals and this Agreement have been
satisfied. In no event shall building permits be
allocated on any annual numerical basis or on any
arbitrary allocation basis.
5.7. 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.
6. Developer Agreements.
6.1. Developer shall comply with (i) this Agreement, (ii)
the Project Approvals, (iii) all Subsequent
Approvals for which it was the applicant or a
successor in interest to the applicant and (iv) the
Mitigation Monitoring Program and any subsequent or
supplemental program.
Ordinance No. 263
Page 14
6.2. Any land within the Project area that is dedicated
to MUSD, or any successor district, shall be deed
restricted in the form of a covenant running with
the land, as set forth in Exhibit "B" attached
hereto and incorporated herein, to limit use of the
land to public school facilities, kindergarten
through 12th grade, and the covenant shall be
recorded in the offices of the County Recorder of
the County of Ventura concurrently with the deed
transferring fee title to MUSD or a successor
district.
6.3. All lands and interests in land dedicated to City
shall be free and clear of liens and encumbrances
other than easements or restrictions that do not
preclude or interfere with use of the land or
interest for its intended purpose, as reasonably
determined by City.
6.4. As a condition of the issuance of a building permit
for each residential or institutional use within the
boundaries of the Specific Plan, Developer shall pay
City a development fee as described herein (the
"Development Fee "). The Development Fee may be
expended by City in its sole and unfettered
discretion. On the effective date of this Agreement,
the amount of the Development Fee shall be Seven
Thousand Three Hundred Dollars ($7,300.00) per
residential unit and Thirty -Two Thousand, Eight
Hundred Fifty Dollars ($32,850.00) per gross acre of
institutional land on which the use is located. The
fee shall be adjusted annually commencing one (1)
year after the first residential building permit is
issued within Specific Plan 95 -2 by any increase in
the Consumer Price Index (CPI) until all fees have
been paid. The CPI increase shall be determined by
using the information provided by the U.S.
Department of Labor, Bureau of Labor Statistics, for
all urban consumers within the Los
Angeles /Anaheim /Riverside metropolitan area during
the prior year. The calculation shall be made using
the month which is four (4) months prior to the
Ordinance No. 263
Page 15
month in which the first residential building permit
is issued within Specific Plan 95 -2 (e.g., if the
permit issuance occurs in October, then the month of
June is used to calculate the increase). In the
event there is a decrease in the referenced Index
for any annual indexing, the Development Fee shall
remain at its then current amount until such time as
the next subsequent annual indexing which results in
an increase.
6.5. As a condition of the issuance of a building permit
for each residential or institutional use within the
boundaries of the Specific Plan, Developer shall pay
City a traffic mitigation fee as described herein
( "Citywide Traffic Fee "). The Citywide Traffic Fee
may be expended by City in its sole and unfettered
discretion. On the effective date of this
Agreement, the amount of the Citywide Traffic Fee
shall be Four Thousand Dollars ($4,000.00) per
residential unit, and Eighteen Thousand Dollars
($18,000.00) per acre of institutional land on which
the institutional use is located. Commencing on
January 1, 2001, and annually thereafter, both
categories of the Citywide Traffic Fee shall be
increased to reflect the change in the State Highway
Bid Price Index for the twelve (12) month period
that is reported in the latest issue of the
Engineering News Record that is available on
December 31 of the preceding year ( "annual
indexing "). In the event there is a decrease in the
referenced Index for any annual indexing, the
Citywide Traffic Fee shall remain at its then
current amount until such time as the next
subsequent annual indexing which results in an
increase.
6.6. As a condition of issuance
each residential or inst-
boundaries of the Specific
City a community services
( "Community Services Fee")
Fee may be expended by
of a building permit for
.tutional use within the
Plan, Developer shall pay
fee as described herein
The Community Services
City in its sole and
Ordinance No. 263
Page 16
unfettered discretion. The amount of the Community
Services Fee shall be Five Hundred Dollars ($500.00)
per residential unit, and Two Thousand, Two Hundred
Fifty Dollars ($2,250.00) per gross acre of
institutional land on which institutional use is
located. Commencing on October 1, 2002, and
annually thereafter, the Community Services Fee
shall be adjusted by any increase in the Consumer
Price Index (CPI) until all In Lieu Fees have been
paid. The CPI increase shall be determined by using
the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of June
over the prior month of June. In the event there is
a decrease in the CPI for any annual indexing, the
In Lieu Fee shall remain at its then current amount
until such time as the next subsequent annual
indexing which results in an increase.
6.7. At City's request, Developer shall grant a
conservation easement to City to retain the lots
shown as Open Space including Planning Areas 10, 11,
14, 15, and 16 with only those uses shown as
permitted in the Development Regulations of the
Specific Plan Open Space Zones. No excavation,
drilling, extraction, pumping (excluding such
pumping as may be needed for dewatering as part of
approved grading operations), mining, or similar
activity shall be allowed in any portion of the
Property zoned Open Space. The limitations and
exclusions described in this subsection shall be
included in the conservation easement. The
conservation easement shall be recorded concurrently
with recordation of the first final map for the
Property and shall be in a form acceptable to City
and consistent with Civil Code Section 815 et seq.
6.8. On the operative date of this Agreement, Developer
shall pay all outstanding City processing costs
Ordinance No. 263
Page 17
related to preparation of this Agreement, the
Specific Plan and EIR.
6.9. Within the boundaries of the Specific Plan,
Developer shall dedicate, at its sole cost and
expense, the approximate seven (7) acres of parkland
to the City as shown on the Specific Plan. At their
sole cost and expense but subject to the limitations
set forth in this subsection, Developer shall make
improvements to the park land dedicated pursuant to
this subsection and shall provide maintenance of the
land and improvements.
The park site improvements shall include, at City's
sole discretion, one or more of each of the
following items except C., which shall be limited to
two:
A. Softball field with a minimum of 300 foot
outfield radius with no obstructions,
backstop, foul line chain link fencing, fenced
dugouts with concrete floors with lighting for
one (1) field if desired by the City.
B. Regulation soccer field, 225 feet wide and 360
feet long with no obstructions, that does not
overlap onto the softball field area, except
as approved by the City Council, and two (2)
semi - permanent goals with lighting for up to
two (2) fields if desired by the City.
C. Lighted tennis courts;
D. Full basketball court;
E. Children's play equipment /apparatus and tot
lots;
F. Concrete block restroom structure with tile
roof;
Ordinance No. 263
Page 18
G. Picnic shelter with solid roof and matching
tile to the restroom; and
H. Off - street parking with standard sized parking
spaces.
I. Skate facility of approximately 10,000 square
feet.
The full construction cost of said improvements for
the site shall not exceed One Million Five Hundred
Thousand Dollars ($1,500,000.00). Said amount shall
not include any overhead, administrative or similar
costs, or profit by Developer or any Developer -
affiliated entity. Commencing one (1) year after the
first residential building permit is issued within
the Specific Plan and annually thereafter, this
amount shall be increased to reflect the change in
the Price Index that includes park and building
construction for the twelve (12) month period that
is reported in the latest issue of the Engineering
News Record that is available on December 31 of the
preceding year ( "annual indexing "). In the event
there is a decrease in the referenced Index for any
annual indexing, it shall remain at its then current
amount until such time as the next subsequent annual
indexing which results in an increase.
Final design, plans and specifications shall be as
approved by the City Council, including applicable
handicapped requirements, and shall include but not
be limited to grading, street improvements,
drainage, hardscape (walkways, bike paths, etc.)
landscape (trees, shrubs, groundcover, and turf),
security lighting for the park and parking lot, and
miscellaneous amenities in quantities as determined
necessary by City (tot lot and park perimeter
fencing, trash receptacles, trash bin enclosures,
bike racks, barbecues, picnic tables, pay telephone,
identification monument signs, and other signage,
etc.). The maximum average cross slope for the
entire park site shall be two percent (2 %) with the
Ordinance No. 263
Page 19
intent that the maximum amount of land possible be
utilized for park improvements included in this
subsection. This cross slope standard may be
amended based upon approval by the City Council of a
specific park design. The improvement plans and
specifications shall be similar to those
improvements constructed at other City parks as
determined by the City at its sole discretion. In
addition to water, sewer and electrical services,
the improvements shall include stub out into the
park at a location determined by City for natural
gas, telephone, and cable television services; and
if the park is allowed to be rough graded prior to
installation of improvements, it shall be
hydroseeded and provided with other appropriate
means of erosion control. At their sole cost and
expense, Developer shall: (i) design the park
improvements and submit conceptual plans for City
approval, (ii) prepare final design, plans and
specifications and submit the same to City Council
for approval, (iii) submit the approved final plans
and specifications to City for plan check along with
appropriate fees, and (iv) pay City for inspection
of the construction.
The park shall be dedicated to City improved and
available (open) to the public prior to the
occupancy of the 35oth dwelling unit within the
boundaries of the Specific Plan. The park site
shall be offered for dedication to City upon
approval of the first final map in which the park
site is located. After each park is opened to the
public and prior to its formal acceptance by City,
Developer shall provide a minimum of one year and a
maximum of two years' maintenance for the park land
and improvements, including all labor, materials,
and water, in accordance with the specifications
used by City at its parks. All land provided by
Developer to City for parks, recreation and open
space purposes shall be deeded to City without any
restrictions for current or future use.
Ordinance No. 263
Page 20
Developer agrees that the above - described
improvements along with the dedication of the above -
described park land shall be deemed to satisfy the
"Quimby" requirement set forth at California
Government Code Section 66477 et seq. for all
subsequent subdivision maps within the Specific Plan
area for a maximum of 570 residential units.
Developer shall secure the above - described
improvements and the one -year maintenance
requirement by the execution of City's standard
subdivision agreement prior to the approval of the
first final tract map or the first final parcel map
within the Specific Plan area. Any dwelling units
in excess of 570 and any institutional land uses
shall be required to satisfy the Quimby requirement
in addition to those items contained in this
subsection 6. In addition to the required
construction and maintenance described above,
Developer shall at its sole cost and expense provide
City a cash deposit in the amount of Three Hundred
Fifty Thousand Dollars ($350,000.00) to fund the
replacement of the park amenities as determined by
City at its sole discretion. Payment shall be made
prior to occupancy of the five hundredth (500th)
residential unit.
6.10. Developer shall construct public streets adjacent to
school and park sites as depicted in the Specific
Plan regardless of whether said streets are
designated as local or collector streets for a
length and to a standard that includes a curb -to-
curb width of between 48 feet and 60 feet as
determined at City's sole and unfettered discretion
in order to provide street parking, bike lanes, and
turn lanes in addition to at least two (2) travel
lanes and necessary transitions.
6.11. Developer shall construct appropriately sized water
lines, pumping facilities, and storage facilities
for recycled water consistent with the requirements
of the City, Waterworks District No. 1 and Calleguas
Water District. Said lines shall be installed prior
Ordinance No. 263
Page 21
to the final cap being placed on all streets whether
the recycled water is available or not. Developer
shall provide service including payment of any
connection and meter charges and shall use recycled
water for medians and parkways for all public
streets, park, and any other public and commonly
owned landscaping and recreation areas. The recycled
water line(s) shall be installed for each City
approved phase of development and the recycled water
shall be in use prior to the first occupancy
approval for each City approved phase of development
if such recycled water is available within one -half
mile of the Property. Developer shall install dual
water meters and services for the park site and
other locations determined necessary by City at its
sole discretion to insure that both potable and
recycled water are available where restroom and
drinking fountains are planned.
6.12. Greenbelts, open space areas, landscaped areas, and
trails lying within each portion of the Property
(not covered by any other section) shall be
dedicated to City in a form approved by the City
Attorney, or to one or more homeowners or property
owners associations as determined by the City
Council at its sole and unfettered discretion, as a
condition of recordation of the final subdivision
map or parcel map defining the area within which
said areas are located. Greenbelts, buffers and
open space areas may include wetlands, storm water
detention areas, landscaping and decorative planting
areas that do not interfere with greenbelt, buffer
and open space uses as determined by the City at its
sole and unfettered discretion. Such areas not
dedicated to City shall include a conservation
easement granted to the City in a form acceptable to
the City consistent with Civil Code Section 815 et
sec .
6.13. Developer agrees to grant the City a conservation
easement in a form acceptable to the City consistent
with Civil Code Section 815 et seq. for Planning
Ordinance No. 263
Page 22
Areas 12 and 13 to insure this area remains as
public open space.
6.14. Developer shall provide twelve (12) three (3)
bedroom and two (2) bath units at no less than 1050
square feet in size, and thirteen (13) four (4)
bedroom and two (2) bath units at no less than 1425
square feet in size to be sold to buyers who meet
the criteria for low income (800 of median income).
The initial sales price, buyer eligibility, resale
restrictions, respective role of City and Developer,
and any other item determined necessary by the City
shall be set forth in the Affordable Housing
Implementation and Resale Restriction Plan, which
shall be approved by the City Council in its sole
and unfettered discretion prior to recordation of
the first final Tract Map for this project. The
Developer and City shall, prior to the occupancy of
the first residential unit for the Project, execute
an Affordable Housing Agreement that incorporates
the Plan in total and is consistent with this
Agreement. Developer shall pay the City's direct
costs for preparation and review of the Plan and the
Affordable Housing Agreement, up to a maximum of
Five Thousand Dollars ($5,000) . In addition, in
lieu of constructing any Very Low Income Affordable
Housing Units on site, for each of the five hundred
and seventy (570) dwelling units, Developer shall
pay to the City an In -Lieu Fee which shall be used
by the City at its sole discretion for the purpose
of providing housing affordable to very -low, low, or
moderate income households. The In -Lieu Fee in the
amount of Three Thousand Five Hundred and Eighty
Dollars ($3,580.00) shall be paid prior to issuance
of the building permit for each dwelling unit in the
Project. Commencing on October 1, 2002, and
annually thereafter, the In -Lieu Fee shall be
adjusted by any increase in the Consumer Price Index
(CPI) until all In -Lieu Fees have been paid. The
CPI increase shall be determined by using the
information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban
Ordinance No. 263
Page 23
consumers within the Los Angeles /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of June
over the prior month of June. In the event there is
a decrease in the CPI for any annual indexing, the
In -Lieu Fee shall remain at its then current amount
until such time as the next subsequent annual
indexing which results in an increase.
6.15. Developer agrees that the Mitigation Measures
included in the City Council certified Final
Environmental Impact Report (EIR) and Mitigation
Monitoring Program, or subsequent environmental
clearance document approved by the Council, set
forth the mitigation requirements for air quality
impacts. Developer further agrees that air quality
fees, referenced but not specifically calculated in
the EIR and Mitigation Monitoring Program, are to be
calculated as a condition of the issuance of a
building permit for each residential and
institutional use within the boundaries of the
Specific Plan. Developer also agrees to pay to City
an air quality mitigation fee, as described herein
(the Air Quality Fee), in satisfaction of the
Transportation Demand Management Fund mitigation
requirement in the Final Environmental Impact Report
(EIR) for the Specific Plan. The Air Quality Fee
may be expended by City in its sole discretion for
reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
For residential projects, the Air Quality Fee shall
be the same for all dwelling units approved as part
of a Residential Planned Development (RPD) Permit
and shall be calculated by the Community Development
Department prior to issuance of a Zoning Clearance
for the first building plan check for the RPD
development. For institutional uses, the Air
Quality Fee shall be calculated by the Community
Development Department prior to the first occupancy
approval for each institutional use. The Air
Quality Fee shall be calculated at the times
Ordinance No. 263
Page 24
specified in this paragraph using the City's
approved model.
6.16. Developer shall install block wall fencing and
landscaping screening along the east side of Spring
Road, along the rear of the homes on Sir George
Court. Such block wall fencing shall be the same
quality as the block walls installed within Specific
Plan No. 2 and the landscape and fencing plans shall
be approved by the Director of Community
Development. Installation of the wall and
landscaping shall occur prior to the first final
building permit /occupancy approval for Phase 1 of
the Specific Plan development.
6.17. Prior to the submittal of an application for any
subdivision, or any other development project or
entitlement application, Developer shall submit and
gain approval from City Council a plan to guarantee
the agreements contained in this Section 6. The
plan shall address the entities responsible and
method and timing of guarantee for each component of
Developers obligations and is subject to City
approval at its sole discretion.
6.18. Developer agrees at its sole cost and expense to
install traffic signals at any intersection within
the Project area and at off site locations as
determined by the City in its sole discretion
including but not limited to Charles Street /Spring
Road, "C" Street /Spring Road; "C" Street /Unnamed
loop street, Spring Road /Unnamed loop street, Spring
Road /Walnut Canyon Road, and modification to High
Street /Spring Road. Final design, plans and
specifications shall be as approved by the City
Council and shall include an interconnect system for
all required traffic signals. Developer shall also
pay City's costs for plan check and inspection plus
City administrative costs.
Ordinance No. 263
Page 25
6.19. Developer hereby waives any right that it may have
under California Government Code Section 65915 et.
seq., or any successor thereto, or any other
provision of Federal, State, or City laws or
regulations for application or use of any density
bonus that would increase the number of dwelling
units approved to be constructed in Specific Plan
No. 2.
6.20. Developer agrees to cast affirmative ballots for the
formation of an assessment district and levying of
assessments, for the maintenance of parkway and
median landscaping, street lighting and if requested
by the City Council, parks for the provision of
special benefits conferred by same upon properties
within the Project. Developer further agrees to
form one or more property owner associations and to
obligate said associations to provide for
maintenance of parkway and median landscaping,
street lighting, and if requested by the City
Council, parks in the event the aforementioned
assessment district is dissolved or altered in any
way or assessments are reduced or limited in any way
by a ballot election of property owners, or if the
assessment district is invalidated by court action.
6.21. In addition to fees specifically mentioned in this
Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the
rate and amount in effect at the time the fee is
required to be paid. Said fees include but are not
limited to Library Facilities Fees, Police
Facilities Fees, Fire Facilities Fees, entitlement
processing fees, and plan check and permit fees for
buildings and public improvements. Developer
further agrees that unless specifically exempted by
this Agreement, it is subject to all fees imposed by
City at the operative date of this Agreement and
such future fees imposed as determined by City in
its sole discretion so long as said fee is imposed
on similarly situated properties.
Ordinance No. 263
Page 26
6.22. Prior to recordation of the first final map for the
Property, if required by City at its sole
discretion, Developer shall form one or more
property owner associations to assume ownership and
maintenance of open space land, trails and other
amenities. The obligation of said property owner
associations shall be more specifically defined in
the conditions of approval of the first tentative
tract or parcel map for the Property.
6.23. Future rights -of -way for State Route 118 and State
Route 23, as shown on the Specific Plan Land Use
Map, shall be offered to be irrevocably dedicated to
the City in a form approved by the City Attorney.
6.24. Developer shall provide vehicular access to
properties west of Spring Road subject to approval
of the City Council as a condition of approval for
the first tentative tract or parcel map for the
Property.
6.25. If determined necessary at City's sole discretion,
Developer shall at its sole cost and expense
construct a solid block wall to replace the existing
block wall /wrought iron fence along the Spring Road
and Charles Street frontages of the residential
project located at the southeast corner of Spring
Road and Charles Street. Developer shall at its
sole cost and expense (i) design the wall
improvements, (ii) prepare final design, plans and
specifications, (iii) submit the plans and
specifications to City for approval and plan check,
and (iv) pay City for inspection of the construction
including City administrative costs.
6.26. Developer shall at its sole cost and expense remove
the existing block walls /fences and construct a
solid decorative block wall along the west side of
Spring Road from Los Angeles Avenue north to the
last residential unit south of the Union Pacific
railroad tracks. The wall shall be six feet (6') to
eight feet (8') in height as measured from the
Ordinance No. 263
Page 27
elevation of the Spring Road sidewalk. Final
design, plans, and specifications shall be approved
by the City Council at its sole discretion.
Developer shall also pay City's costs for plan check
and inspection plus City administrative costs.
6.27. Developer shall irrevocably offer to dedicate to
City a) that portion of the Project area fronting on
Los Angeles Avenue needed by City for construction
and related slope and construction easements for
City funded street improvements on Los Angeles
Avenue; and b) any property adjacent to the
extension of Spring Road between "C" Street and
Walnut Canyon Road needed for ultimate build out of
Spring Road not required to be constructed by
Developer as part of the Project.
6.28. Developer shall acquire at its sole cost and expense
the property needed to improve the intersection of
Charles Street and Spring Road including the vacant
properties at the northwest and southwest corners of
said intersection. Any property acquired in excess
of that needed for actual travel or bike lanes or
sidewalk shall be landscaped, and /or otherwise
improved in a manner determined by City at its sole
discretion and at Developer's sole cost and expense
including a block wall at the property line.
6.29. Developer shall at its sole cost and expense
irrevocably offer to dedicate to City the right of
way for an extension of "C" Street from the terminus
of the "C" Street improvements required in the
Specific Plan and Subsequent Approvals to the
eastern boundary of the Project. At City's sole
option, Developer shall provide a surety in a form
and amount approved by City at its sole discretion
to guarantee the construction of that portion of "C"
Street described above.
6.30. Developer at its sole cost and expense shall
construct the public trail system identified in the
Specific Plan, including inspection and City
Ordinance No. 263
Page 28
administrative costs. Developer shall also at its
sole cost and expense prepare a design, and plans,
and specifications for submittal to City. City
shall approve design and plans and specifications at
its sole discretion. The required improvements shall
also include construction of equestrian crossings at
or near street intersections as determined necessary
by City at its sole discretion. Developer shall at
its sole cost and expense provide to City a cash
deposit in the amount of One Hundred Fifty Thousand
Dollars ($150,000.00) to fund the maintenance of the
trail system. Payment shall be made prior to
occupancy of the five hundredth (500`h) residential
unit.
6.31. Developer shall at its sole cost and expense
irrevocably offer to dedicate Planning Area 17 to
City.
6.32. Prior to occupancy of the first residential unit in
the Project area, the Developer shall pay to the
City One Hundred Twenty -Five Thousand Dollars
($125,000.00) to satisfy the Final EIR
Transportation /Circulation Mitigation Measure 2. and
for Developer's fair share contribution at the
intersection of Los Angeles Avenue and Tierra Rejada
Road.
7. City Agreements.
7.1. City shall commit the necessary time and resources
of City staff to work with Developer on the
expedited and parallel processing of applications
for Subsequent Approvals for the Project area and
shall use overtime and independent contractors
whenever possible. Developer shall assume any risk
related to, and shall pay the additional costs
incurred by City for, the expedited and parallel
processing.
7.2. City agrees that upon receipt of a landowners'
petition by Developer and Developer's payment of a
Ordinance No. 263
Page 29
fee, as prescribed in California Government Code
Section 53318, City shall commence proceedings to
form a Mello -Roos Community Facilities District
( "District ") and to incur bonded indebtedness to
finance all or portions of the public facilities,
infrastructure and services that are required by the
Specific Plan and that may be provided pursuant to
the Mello -Roos Community Facilities Act of 1982 (the
"Act "); provided, however, the City Council, in its
sole and unfettered discretion, may abandon
establishment of the District upon the conclusion of
the public hearing required by California Government
Code Section 53321 and /or deem it unnecessary to
incur bonded indebtedness at the conclusion of the
hearing required by California Government Code
Section 53345. In the event that a District is
formed, the special tax levied against any
residential lot or residence thereon shall afford
the buyer the option to prepay the special tax in
full prior to the close of escrow on the initial
sale of the developed lot by the builder of the
residence.
7.3. If requested in writing by Developer and limited to
City's legal authority, City shall proceed to
acquire, at Developer's sole cost and expense,
easements or fee title to land in which Developer
does not have title or interest in order to allow
construction of public improvements required of
Developer including any land which is outside City's
legal boundaries. The process shall generally
follow Government Code Section 66457 et seq. and
shall include the obligation of Developer to enter
into an agreement with City, guaranteed by cash
deposits and other security as the City may require,
to pay all City costs including but not limited to,
acquisition of the interest, attorney fees,
appraisal fees, engineering fees, and City overhead
expenses of fifteen percent (15 %) on all out -of-
pocket costs and City staff costs.
Ordinance No. 263
Page 30
7.4. The City Manager is authorized to sign an early
grading agreement on behalf of City to allow rough
grading of the Project prior to City Council
approval of a final subdivision map. Said early
grading agreement shall be consistent with the
conditions of the Specific Plan and approved
tentative map and contingent on City Engineer and
Director of Community Development acceptance of a
Performance Bond in a form and amount satisfactory
to them to guarantee implementation of the erosion
control plan and completion of the rough grading;
construction of on -site and off -site improvements
consistent with the City Council approved Specific
Plan and Tentative Map. In the case of failure to
comply with the terms and conditions of the early
grading agreement, the City Council may by
resolution declare the surety forfeited.
7.5. City agrees that whenever possible as determined by
City in its sole discretion to process concurrently
all land use entitlements for the same property so
long as said entitlements are deemed complete.
7.6. City agrees that the land and improvements required
under subsection 6.9. of this Agreement meets
Developer's obligation for nark land dedication
provisions of state law and City codes except for
dwelling units in excess of 570 and any
institutional uses which shall have to separately
meet the requirement for park land dedication.
7.7. City agrees, at no cost to City, to cooperate with
Developer to allow Developer to receive the maximum
amount of tax benefits for the dedication of public
open space in Planning Areas 12 and 13.
7.8. The City agrees to appoint an affordable housing
staff person to oversee the implementation of the
affordable housing requirements for the Specific
Plan required herein for the duration such units are
required to be maintained as affordable consistent
with the provisions of subsection 6.14.
Ordinance No. 263
Page 31
7.9. City agrees to allow for a variation of five feet
(51) maximum in the grades as shown on the Grading
Plan exhibit of the Specific Plan subject to
approval of the Director of Community Development
upon a determination by the Director in his /her sole
discretion that the overall design and visual
quality of the Specific Plan would not be
significantly affected.
7.10. City shall limit the payment of the Los Angeles
Avenue Area of Contribution (AOC) fee to only the
first four hundred seventy -five (475) residential
units and any institutional uses within the Project.
The AOC fee shall be the dollar amount in effect at
the time of issuance of the building permit for each
of the residential units and institutional uses.
7.11. City shall facilitate the reimbursement to Developer
of any costs incurred by Developer that may be
subject to partial reimbursement from other
developers as a condition of approval of a tract map
development permit or development agreement with one
or more other developers.
7.12. Developer shall not be required to pay the Gabbert
Road /Casey Road Area of Contribution Fees referenced
in the Final EIR Transportation /Circulation
Mitigation Measure 5. (Note: This was an error in
that SP -2 is not within the boundaries of this AOC.)
8. Supersession of Agreement by Change of Law. In the event
that any state or federal law or regulation enacted after
the date the Enabling Ordinance was adopted by the City
Council prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified
or suspended to comply with such state or federal law or
regulation, as reasonably determined necessary by City.
9. Demonstration of Good Faith Compliance. In order to
ascertain compliance by Developers with the provisions of
this Agreement, the Agreement shall be reviewed annually in
Ordinance No. 263
Page 32
accordance with Moorpark Municipal Code chapter 15.40. of
City or any successor thereof then in effect. The failure
of City to conduct any such annual review shall not, in any
manner, constitute a breach of this Agreement by City,
diminish, impede, or abrogate the obligations of Developers
hereunder or render this Agreement invalid or void.
10. Authorized Delays. Performance by any Party of its
obligations hereunder, other than payment of fees, shall be
excused during any period of "Excusable Delay ", as
hereinafter defined, provided that the Party claiming the
delay gives notice of the delay to the other Parties as
soon as possible after the same has been ascertained. For
purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of,
the Party claiming the delay, including without limitation:
(a) act of God; (b) civil commotion; (c) riot; (d) strike,
picketing or other labor dispute; (e) shortage of materials
or supplies; (e) damage to work in progress by reason of
fire, flood, earthquake or other casualty; (f) failure,
delay or inability of City to provide adequate levels of
public services, facilities or infrastructure to the
Property including, by way of example only, the lack of
water to serve any portion of the Property due to drought;
(g) delay caused by a restriction imposed or mandated by a
governmental entity other than City; or (h) litigation
brought by a third party attacking the validity of this
Agreement, a Project Approval, a Subsequent Approval or any
other action necessary for development of the Property.
11. Default Provisions.
11.1. Default by Developer. No Developer shall be deemed
to have breached this Agreement as a result of a
default by any other Developer, but any Developer
shall be deemed in breach if it:
(a) practices, or attempts to practice, any fraud or
deceit upon City; or willfully violates any
order, ruling or decision of any regulatory or
judicial body having jurisdiction over the
Property or the Project, provided that Developer
Ordinance No. 263
Page 33
may contest any such order,
by appropriate proceedings
faith, in which event no
Agreement shall be deemed
unless and until there is a
adverse to Developer; or
ruling or decision
conducted in good
breach of this
to have occurred
final adjudication
(b) fails to make any payments required under this
Agreement; or
(c) materially breaches any of the provisions of the
Agreement and the same is not cured within the
time set forth in a written notice of violation
from City to Developer, which period of time
shall not be less than ten (10) days from the
date that the notice is deemed received,
provided if Developer cannot reasonably cure the
breach within the time set forth in the notice,
Developer fails to commence to cure the breach
within such time limit and diligently effect
such cure thereafter.
11.2. Default by City. City shall be deemed in breach of
this Agreement if it:
(a) materially breaches any of the provisions of the
Agreement and the same is not cure within the
time set forth in a written notice of violation
from Developer to City, which period shall not be
less than ten (10) days from the date the notice
is deemed received, provided if City cannot
reasonably cure the breach within the time set
forth in the notice, City fails to commence to
cure the breach within such time limit and
diligently effect such cure thereafter.
11.3. Content of Notice of Violation. Every notice of
violation shall state with specificity that it is
given pursuant to this section of the Agreement, the
nature of the alleged breach, and the manner in
which the breach may be satisfactorily cured. The
Ordinance No. 263
Page 34
notice shall be deemed given on the date that it is
personally delivered or on the date that it is
deposited in the United States mail, in accordance
with Section 20 hereof.
11.4. Remedies for Breach. The Parties acknowledge that
remedies at law, including without limitation money
damages, would be inadequate for breach of this
Agreement by any Party due to the size, nature and
scope of the Project. The Parties also acknowledge
that it would not be feasible or possible to restore
the Property to its natural condition once
implementation of the Agreement has begun.
Therefore, the Parties agree that the remedies for
breach of the Agreement shall be limited to the
remedies expressly set forth in this subsection.
The remedies for breach of the Agreement by City
shall be injunctive relief and /or specific
performance.
The remedies for breach of the Agreement by a
Developer shall be injunctive relief and /or specific
performance. In addition, and notwithstanding
Subsection 11.5, if the breach is of Subsection 6.11
(parks) or Subsection 6.19 (affordable housing) of
this Agreement, City shall have the right to
withhold the issuance of building permits to all
Developers throughout the Project area from the date
that the notice of violation was given pursuant to
subsection 11.2 hereof until the date that the
breach is cured as provided in the notice of
violation.
Nothing in this subsection shall be deemed to
preclude City from prosecuting a criminal action
against any Developer who violates any City
ordinance or state statute.
11.5. Violation Limited To Developer in Breach. No breach
hereunder by a Developer shall constitute a breach
applicable to any other Developer, and any remedy
Ordinance No. 263
Page 35
arising by reason of such breach shall be applicable
solely to the Developer that committed the breach.
Any liability arising by reason of such breach shall
be the liability and obligation solely of the
Developer that committed the breach.
11.6. Copies of Notices of Violation. At the time that
City gives a notice of violation to a Developer,
City shall send a copy of the notice to every other
Developer who has made a prior written request to
receive notices of violation, provided that the
request states the name and mailing address of the
requester and the request makes specific reference
to this section. The copies shall be sent by first
class United States mail.
12. Mortgage Protection. At the same time that City gives
notice to any Developer of a breach by that Developer, City
shall send a copy of the notice to each holder of record of
any deed of trust on the portion of the Property in which
Developer has a legal interest ( "Financier "), provided that
the Financier has given prior written notice of its name
and mailing address to City and the notice makes specific
reference to this section. The copies shall be sent by
United States mail, registered or certified, postage
prepaid, return receipt requested, and shall be deemed
received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant
to this section shall have the right, at its option and
insofar as the rights of City are concerned, to cure any
such breach within fifteen (15) days after the receipt of
the notice from City. If such breach cannot be cured
within such time period, the Financier shall have such
additional period as may be reasonably required to cure the
same, provided that the Financier gives notice to City of
its intention to cure and commences the cure within fifteen
(15) days after receipt of the notice from City and
thereafter diligently prosecutes the same to completion.
City shall not commence legal action against Developer by
reason of Developer's breach without allowing the Financier
to cure the same as specified herein.
Ordinance No. 263
Page 36
Notwithstanding any cure by Financier, this Agreement shall
be binding and effective against the Financier and every
owner of the Property, or part thereof, whose title thereto
is acquired by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time,
any Developer may deliver written notice to City and City
may deliver written notice to any Developer requesting that
such Party certify in writing that, to the knowledge of the
certifying Party, (i) this Agreement is in full force and
effect and a binding obligation of the Parties, (ii) this
Agreement has not been amended, or if amended, the identity
of each amendment, and (iii) the requesting Party is not in
breach of this Agreement, or if in breach, a description of
each such breach. The Party receiving such a request shall
execute and return the certificate within thirty (30) days
following receipt of the notice. City acknowledges that a
certificate may be relied upon by successors in interest to
the Developer who requested the certificate and by holders
of record of deeds of trust on the portion of the Property
in which that Developer has a legal interest.
14. Administration of Agreement. Any decision by City staff
concerning the interpretation and administration of this
Agreement and development of the Property in accordance
herewith may be appealed by the affected Developer to the
City Council, provided that any such appeal shall be filed
with the City Clerk of City within ten (10) days after the
affected Developer receives notice of the staff decision.
The City Council shall render its decision to affirm,
reverse or modify the staff decision within thirty (30)
days after the appeal was filed. The affected Developer
shall not seek judicial review of any staff decision
without first having exhausted its remedies pursuant to
this section.
15. Amendment or Termination by Mutual Consent. In accordance
with the provisions of Ordinance No. 59 of City or any
successor thereof then in effect, this Agreement may be
amended or terminated, in whole or in part, as to any
Developer by mutual consent of City and the affected
Ordinance No. 263
Page 37
Developer. No amendment shall provide benefits to any
Developer on terms more favorable than those provided to
Developer by the Project Approvals or this Agreement.
15.1. Exemption for Amendments of Project Approvals. No
amendment to a Project Approval shall require an
amendment to this Agreement and any such amendment
shall be deemed to be incorporated into this
Agreement at the time that the amendment becomes
effective, provided that the amendment is consistent
with this Agreement.
16. Indemnification. Developer shall indemnify, defend with
counsel approved by City, and hold harmless City and its
officers, employees and agents from and against any and all
losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or
resulting in any way from, that Developer's performance
pursuant to this Agreement.
Developer shall indemnify, defend with counsel approved by
City, and hold harmless City and its officers, employees
and agents from and against any action or proceeding to
attack, review, set aside, void or annul this Agreement or
any provision thereof.
17. Time of Essence. Time is of the essence for each provision
of this Agreement of which time is an element.
18. Operative Date. This Agreement shall become operative on
the date the Enabling Ordinance becomes effective pursuant
to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect
for a term of twenty (20) years commencing on its operative
date or until the close of escrow on the initial sale of
the last Affordable Housing Unit, whichever occurs last,
unless said term is amended or the Agreement is sooner
terminated as otherwise provided herein.
Expiration of the term or earlier termination of this
Agreement shall not automatically affect any Project
Ordinance No. 263
Page 38
Approval or Subsequent Approval that has been granted or
any right or obligation arising independently from such
Project Approval or Subsequent Approval.
Upon expiration of the term or earlier termination of this
Agreement, the Parties shall execute any document
reasonably requested by any Party to remove this Agreement
from the public records as to the Property, and every
portion thereof, to the extent permitted by applicable
laws.
20. Notices. All notices and other communications given
pursuant to this Agreement shall be in writing and shall be
deemed received when personally delivered or upon the third
(3rd) day after deposit in the United States mail,
registered or certified, postage prepaid, return receipt
requested, to the Parties at the addresses set forth in
Exhibit "C" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the
other, designate a different address which shall be
substituted for the one above specified.
21. Entire Agreement. This Agreement contains the entire
agreement between the Parties regarding the subject matter
hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall
not be amended, except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall
constitute a waiver of any other provision, whether or not
similar; nor shall any such waiver constitute a continuing
or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a
duly authorized representative of the Party against whom
enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is
determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement
shall be effective to the extent the remaining provisions
Ordinance No. 263
Page 39
are not rendered impractical to perform, taking into
consideration the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that,
in entering into and performing under this Agreement, it is
acting as an independent entity and not as an agent of any
of the other Parties in any respect. Nothing contained
herein or in any document executed in connection herewith
shall be construed as creating the relationship of
partners, joint ventures or any other association of any
kind or nature between City and Developers, jointly or
severally.
25. No Third Party Beneficiaries. This Agreement is made and
entered into for the sole benefit of the Parties and their
successors in interest. No other person shall have any
right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement
and any amendment thereof shall be recorded with the County
Recorder of the County of Ventura by the City Clerk of City
within the period required by Ordinance 59 of City or any
successor thereof then in effect.
27. Cooperation Between City and Developers. City and each
Developer shall execute and deliver to the other all such
other and further instruments and documents as may be
necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the
various sections and subsections of this Agreement are for
convenience of reference only, and they shall not
constitute a part of this Agreement for any other purpose
or affect interpretation of the Agreement. Should any
provision of this Agreement be found to be in conflict with
any provision of the Project Approvals or the Subsequent
Approvals, the provision of this Agreement shall prevail.
Should any provision of the Infrastructure and Financing
Plan be found to be in conflict with any provision of this
Agreement, the provisions of the Infrastructure and
Financing Plan shall prevail.
Ordinance No. 263
Page 40
29. 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.
30. Governing Law and Venue. This Agreement is made, entered
into, and executed in the County of Ventura, California, and
the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or
proceeding related to, or arising from, this Agreement shall
be filed in the appropriate court having jurisdiction in the
County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding
is brought for the enforcement or declaration of any right or
obligation pursuant to, or as a result of any alleged breach
of, this Agreement, the prevailing Party shall be entitled to
its reasonable attorneys' fees and litigation expenses and
costs, and any judgment, order or decree rendered in such
action, suit or proceeding shall include an award thereof.
32. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but
all of which constitute one and the same instrument.
IN WITNESS WHEREOF, Fountainwood Agoura and City of Moorpark
have executed this Development Agreement on the date first above
written.
FOUNTAINWOOD AGOURA
Mark Rosenberg
General Partner
CITY OF MOORPARK
Patrick Hunter
Mayor
Ordinance No. 263
Page 41
Parcel A:
EXHIBIT "A"
DESCRIPTION
Order No. 579970 -S BR
Lot. 11, Vallette Tract, in the City -)f t•ioorparY_ Coun -.y of V,nrura, c,t
California, as per Map recorded in BOO! 3, P &qe 41 of Maps, :r, the o`. ;c of -`I.,
Recorder of said Counr.y.
Fi:(-FF'T an undivided 51% of all oil, gas and other hydrocarbon sul)starc�f, ttlat
may be produced from a depth below 500 feet from the surface of said land, but-
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel B:
All of Lot 42 and that portion of Lot 38, Vallette Tract, in the City of
Moorpark, County of Ventura, State of California, as per Map recorded in Book 3,
Page 41 of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at the Southwest corner of said Lot 38, Vallette Tract, thence along
the Easterly line of Lot 38,
1st: North 00 04' West 612.34 feet to a point; thence,
2nd: South 380 47' West 424.09 feet to a point; thence,
3rd: South 20 °'26' West 265.22 feet, to a point; thence,
4th: South 170 43' East to the Southerly line of Lot 38; thence,
5th: East 00 0' to the point of beginning.
EXCEPT an undivided 511 of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances dr other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel C:
All of Lot 43 and that portion of Lot 39, Vallette Tract, in the City of
Moorpark, County of Ventura, State of California, as per Map recorded in Book 3,
Page 41 of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at the Northeast corner of said Lot 39, Vallette Tract, thence along
the Easterly line of Lot 39,
1st: South 00 04' East 411.31 feet to a point; thence,
2nd: North, 641 48' West 169.29. feet to a point; thence,
Ordinance No. 263
Page 42 DESCRIPTION
Ordcr No. 579970 - S BR
3rd: North 480 17' West 167.61 feet tc; a poi::--; thegc
rh: ['otth 170 43' west to the 1:...- .f Lo' 3
-tip. _c t. 00 0' to the point o� leg: r.-j
EXCEPT %,n undivided 51% of all oil, ga3 a:id otc,_r hydrocarbon, substances that
may be produced from a depth below 500 feet frcm the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
:Wining, drilling, exploring or extracting such oil, gas and otter hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel D:
Lot 44, Vallette Tract, in the City of Moorpark., County of Ventura, State of
California, as per Map recorded in Book 3, Page 41 of Maps, in the office of the
County Recorder of said County.
EXCEPT that portion of said land conveyed to the County of Ventura, in deed
recorded October 14, 1942 in Book 660, Page 522 of Official Records.
EXCEPT an undivided 51t of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel E:
Lot 45, Vallette Trct, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 3, Page 41 of Maps, in the office of the
County Recorder of said County.
EXCEPT an undivided 51ir of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or righto in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel F:
Lot 46, Vallette Tract, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 3, Page 41 of Maps, in the office of the
County Recorder of said County.
EXCEPT an undivided 51ir of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
Ordinance No. 263
Page 43 DESCRIPTION
mining, drilling, exploring or extra,
suhstancr > o. other use cf or rights
1•nJ an:i t � ,t dip; i; .. ^f 5G0 ir�r 'rPt.o'
t 1 i it -4 —d t• -rc: J°
(r�rr•r -1 ('
Order No 579970 =S BR
-t ing such oil, gas a: d o--her hydrocarbon
i n or t any por _ ion of ;e sur face of q i d
'r\•nU h•y
Loth 47 a:.': 4A, Vall el tte Tract, ir. the City (--` M:)Orpa-•r., CounLy of Ventura,
State of California, as per Map recorded in Book 3, Page 41 of :daps, in the
office of the County Recorder of said County
EXCEPT therefrom any portion of said land lying within Parcel A, as shown on
parcel map filed in Book 14, Page 62 of Parcel Maps, in the office of the County
Recorder of said County.
EXCEPT an undivided 51% of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. wi11iarr.r, et al., in deed recorded December 15, 1964.
Parcel }i:
A part of Lots "U" and "V" as the same are shown upon that certain map entitled
"Map of a part of Tract 'L' of Rancho Simi, Ventura County, California, shown in
the Townsite of Moorpark and Lands of Madeleine R. Poindexter, a Resubdivision
of Fremont Tract"-, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 5, Page 5 of Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at the point of intersection of the North line of Charles Street, as
the same is shown on that certain map of M. L. Wicks Subdivision, as per Map
recorded in Book 5, Page 37 of Maps, in the office of the .County Recorder of
said County of said County, and the boundary line between said Lots "U" and "V"
as delineated upon the map first above described, said point of beginning being
in the West line of and distant North 540.60 feet from the Southwest corner of
that certain parcel of land, as conveyed to L. E. Hines by deed dated February
4, 1904, and recorded in Book 97, Page 390 of Deeds, from said point of
beginning a 3" x 3" redwood post set at the Easterly terminus of the centerline
of said Charles Street bears South 30 feet distant; a 4" x 4" redwood post set
at the center of Section 4, Township 2 North, Range 19 West, Rancho Simi, -bears
South 112.80 feet distant and a point in the centerline of the main tract of the
Southern Pacific Railroad bears South 590.60 feet distant; thence from said
point of beginning,
1st: North 614.52 feet along the boundary line between said Lots "U" and "V"
to a 4" x 4" redwood post set at the Northwest corner of said lands of L. E.
Hines; thence at right angles,
2nd: East 991 feet to a point distant West 571.88 feet from a 3/4 -inch pipe
set at the Northeast corner of said lands of L. E. Hines; thence,
3rd: North 280 21' 30" East 1204 feet to a point in the West line of that
Ordinance No. 263
Page 44
DESCRIPTION
Order No. 579970'
-S BR
certain
parcel of
land, as conveyed to J. M. Stuart, by deed dated March
31,
1911 and
recorcind
in tool: 124, Page 3 ' 1 of Deeds; from which a point in
the
cent ('rl _ne
of t hat
c—i tar n put. -1 i c rock, ',0 feet wide, described as first
1);,rcel
17n? 47 fr'cr.; thence,
41:1 1;,1t1:
1 1
l:' 1 �r•t :1 -.: };r• td, - -t :ir.e of said 1a:ids of J. t,. Stuar
},r,i1,• 11',
rh-
1;1;, (,; 01 1.';t at the Northwest corner of said
lards of
J. m, `;+uart
frain
the N,.)r*Lheast. corner of Lot "V" at the Northeast
carne:
of said
lands o; J.
N,. Stuart bears Fast 1071.84 feet distant; thence at
right
angles,
5th: South 890 58' West 1414.38 feet along the North line of said Lot "V" to
the Northeast corner of that certain parcel of land, as conveyed to Moorpark
Water Light and Power Company, by deed dated July 31, 1912, and recorded in Book
136, Page 38 of Deeds, from which an old post marked 1167" on the South face set
at the corner common to Lots "U" and "V" as delineated upon the map first above
described, and at the corner common to Lots 40 and 44 as shown upon the map of
the Vallette Tract, recorded in Book 3, Page 41 of Maps, bears West 148.S0 feet
distant; thence at right angles,
6th: South 733.33 feet to the Southeast corner of said lands of Moorpark
Water, Light and Power Company; thence,
7th: South 890 58' West 424.20 feet along the South line of said lands of
Moorpark Water, Light and Power Company; at 148.50 feet a point in the boundary
line between said Lots "U" and "V',, at 297 feet the Southwest corner of said
lands of Moorpark Water, Light and Power Company, and the Southeast corner of
that certain parcel of land 127.20 fee wide by 733.33 feet long, as conveyed to
M. L. Wicks, Jr. ,,et ux., by deed dated December 3, 1912 and recorded in Book
136, Page 330 of Deeds, at 424.20 feet to a point the East line of and distant
South 199.23 feet from the Northeast corner of Lot 16, Tract No. 1, as the same
is delineated uon the second above described map at the Southwest corner of said
lands of M. L. Wicks, Jr., et ux.; thence,
8th: South 605.57 feet along the East line of said Tract No. 1, Wicks
Subdivision, to the Southeast corner of Lot 13 of said Tract No. 1, Wicks
Subdivision; thence at right angles,
9th: West 65 feet to the Northeast corner of Lot 12 of said Tract No. 1;
thence at right angles,
10th: South 600 feet to the Southeast corner of said Lot 12, Tract No. 1;
thence at right angles,
11th: West 35 feet to the Northeast corner of Lot 11 of said Tract No. 1;
thence at right angles,
12th: South 700 feet; at 500 feet the Northeast corner of Lot 20, as the same
is shown upon that certain map entitled "Moorpark Eastern Addition ", recorded in
Book 5, Page 18 1/2 of Maps; at 700 feet to a point in the North line of Bonnie
View Street, at the Southeast corner of said Lot 20, Moorpark Eastern Addition;
thence at right angles,
13th: East 50 feet to the Easterly terminus of the North line of said Bonnie
View Street; thence at right angles,
Ordinance No. 263
Page 45 DESCRIPTION
Order No. 579970 -5 BR
h u:il 40 fee;. to the Easterly Lerminus of the South ling Gf said Bonnie
I Nor rhear.t corner of 1,0L N(-, 39 1/2 ,f raid :ir,orpalk F.an,cr :,
.-ind, as convx-ver3
;!it -I::J rower Ccma,-lrly, r,-,.' :iced r3.3t ci JuiI ?, 1`14. and
o Li E'Gc ; t }, .;.CC at 1' ] 4ilt rAi1C}l r ' ,
I i fe <t ,lion, the Easterly prolongation of the Sou t}: lisle of said
.nnie '.'ii -' iiTreet to the Northeast corner of said lards of Moorpark water,
-.:id ;'ewer Company; thence at right angles,
:5th: North 150 to a point thence at right angles,
:7th: East 125 feet to a point; thence at right angles,
13th: South 325 feet to a point in the North line of said Charles Street;
thence along same,
:5th EaFt 150.10 feet to the point of beginning.
/.CLPT that portion thereof included within the lines of the following described
p: ope I t. y. •
ThaL portion of Lot "U ", Tract "L", Rancho Simi, in the County of Ventura, State
of California, as per Map recorded in Book 5, Page 5 of Maps, in the office of
the County Recorder of said County, described as follows:
Eeginninq at a point on the Easterly line of Lot 10, M. L. Wicks Subdivision,
Tract No. 1, as per map recorded in Book 5, Page 37 of Maps, distant along the
Easterly line of Lots 8, 9 and 10 of said Tract No. 1, Bonnie View Street at the
Southeasterly corner of Lot 20, Moorpark Eastern Addition, as per map recorded
.n Book 5, Page 18 1/2 of Maps; thence along said Easterly line,
1st: South 00 18, 14" East 424.34 feet to said Southeasterly corner of Lot 20;
thence along the boundary of said Moorpark Eastern Addition by the following two
courses,
2nd: North 890 41' 46" East 50 feet to the Easterly terminus of said Northerly
line of Bonnie View Street; thence,
3rd: South 00 18' 14" East 40 feet to the Easterly terminus of the Southerly
line of said Bonnie View Street; thence along the Easterly prolongation of said
Southerly line,
4th: North 890 41' 46" East 50 feet to the Northeasterly corner of the land
described in the deed to Moorpark Water, Light and Power Company dated June 12,
1914 and recorded in Book 142, Page 480 of Deeds; thence at right angles,
5th: North 00 18' 14" west 15 feet; thence at right angles,
6th: North 890 41' 46" East 125.00 feet to the intersection with a line which
is parallel with and distant Easterly 114,39 feet, measured at right angles from
the Easterly lines and Southerly prolongation thereof, of said Lots 8, 9 and 10;
thence along said parallel line,
Ordinance No. 263
Page 46 DESCRIPTION
Orcicr No. 579970 -S BR
7"n North 01 18' 14" West 449.34 feet to the intersection with a line which
�Iailcl with the Easterly prolongation of the North ]ire Parce' S as same
r ..d n P•no;, •; ,R'), P,,qe 591 of Of f i ci 1 P.ecot thr-n, ,I .:iq ..., .
,.,:�. {.• r�:r: aricl : ,_�1 P :o: t}. lint',
:r P',I 1 ;r." ':;- ��t_ 214.39 feet to the poir.� -.f i-- :...-.ir,�l
that per tion of said land described in t:,e Part i,
J--; 11p, i 1 11 , 191;8 in Book 3289, Page 374 of Of f icial Records.
an undivided 51% of all oil, gas and other hydrocarbon substances that
°ay be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
rr,;nirrg, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D Williams, et al., in deed recorded December 15, 1964.
Parcel I:
Part of Lot "V" in Tract "L" of the Rancho Simi, in the City of Moorpark, County
c`_ Ventura, State of California, as per Map recorded in Book 5, Page 5 of naps,
in the office of the County Recorder of said County, described as follows:
Reginning at the Northeast corner of Lot "V "; thence,
st: west along the North line of said Lot 1071.84 feet; thence,
2nd: South 2380.62 feet to the Northeast corner of the land conveyed to L. E.
lines, by deed recorded in Book 97, Page 390 of Deeds; thence,
3rd: South along the East line of said land of L. E. Hines, 728.97 feet to a
point on the centerline of the strip of land conveyed to Ventura County by deed
recorded in Book 68, Page 316 of Deeds; thence along the centerline of said
road,
4th: North 580 04' East 40.26 feet to the Northerly terminus of the curve in
the westerly line of the 30 foot strip of land conveyed to Southern Pacific
Railroad Company by deed recorded in Book 77, Page 114 of Deeds; thence
continuing along the centerline of said road,
5th: North 580 04' East 20 feet; thence,
6th: South 470 00' East 118.87 feet; thence,
7th: North 550 25' East 181.20 feet; thence,
8th: North 400 00' East 589.20 feet; thence,
9th: North 180 15' West 69.19 feet; thence,
10th: North 590 47' East 170.67 feet; thence,
11th: North 760 30' East 301.16 feet, more or less, to a point in the East line
of said Lot 'IV", distant thereon Northerly 711.26 feet from the common quarter
Ordinance No. 263
Page 47 DESCRIPTION
Order No. S799'7 0 - S BR
corner between Sections 3 and 4, Township 2 North, Range 19 West, Rancho Simi
,�!nd heing the Northea'st corner of the land described .n deed t -� Perry i_ kicks,
r-,rded in Book 145, Paoe 423 of C -mils; thence,
':,;tth 01 04' i ",-15L 10 s`.1 -' 1,01 111 O`_ hrnginnInq.
h- interest in a strip of land, 50 feet wide, ':onveyea :o the Count y of
for road purposes by deed recorded in Boor, 68, Page 316 of. Deeds.
f.LSO EXCEPT any portion thereof conveyed to Southern Pacific Railroad Company,
L,y deed recorded in Book 77, Page 114 of Deeds.
ALSO EXCEPT that portion described in deed to Le Roy S. Goodman and wife,
recorded January 21, 1959 as Document No. 3122, in Book 1694, Page 241 of
Official Records.
DSO EXCEPT that portion described in deed to William Yrigoyen and wife,
recorded March 16, 1959 as Document No. 10470 in Book 1113, Page 43 of Official
Records.
ALSO EXCEPT that portion thereof included within the lines of the following
described property:
That portion of Lot "V ", Tract "L ", Rancho Simi, in the County of Ventura, State
of California, as per Map recorded in Book 5, Page 5 of Maps, in the office of
the County Recorder of said County, described as follows:
Commencing at the Northwesterly corner of the land described in the deed to Le
Roy S. Goodman and wife, recorded January 21, 1959, as Document No. 3122, in
Book 1694, Page 241 of Official Records; thence along the Northerly prolong,-tion
of the Westerly line thereof North 00 17' 36" West 300 feet; thence parallel
with the Northerly line of said last mentioned land and prolongation thereof
North 890 42' 24" East 300 feet; thence North 770 36' 34" East 216.06 feet to
the intersection with a line which is parallel with and distant Easterly 236.26
feet, measured at right angles, from the Easterly line and prolongation thereof
of said land of Le Roy S. Goodman and being the true point of beginning; thence
parallel with the Easterly prolongation of the Northerly line of said land of Le
Roy S. Goodman,
1st: North 890 42' 24" East 563.70 feet to the Easterly line of said Lot "V ";
thence along said last mentioned Easterly line,
2nd: South 00 17' 10" East 268.97 feet to the Northerly line of Los Angeles
Avenue, being a curve concave Southeasterly having a radius of 1030 feet and a
radial line bears North 130 49' 28" West; thence,
3rd: Southwesterly along said curve through an angle of 141 04' 06" an arc
distance of 252.90 feet; thence tangent to said curve,
4th: South 620 06' 26" West 356.09 feet to the beginning of a tangent curve
concave Southeasterly having a radius of 730 feet; thence,
5th: Southwesterly along said last mentioned curve through an -angle of 10 03'
48 ", an arc distance of 13.55 feet to the intersection with a line which is
parallel with the Easterly line and prolongation thereof of said land of Le Roy
Ordinance No. 263
Page 48 DESCRIPTION Order No. 579970 -S BR
S. Goodman and passes through said true point of beginning; thence along said
:- ,rit ioned parallel line,
r'r r. hl C 1 0' 17' 36'• we :-,t 528 92 `r —t f t .. true mint of hegir. -.:-
i,.. .•:�'!:['.;' I 1105 F,01t011.9 of ;aid 1-.:1d -r-d ir. the Par,_ial P�;c_-:.�yr1n_ ^�•
iM,1y 10, 1957 in Bo.i: 3170, 7--ice Off _cial P.ecords, l.; r:l 11
3:'119, Page 374 of Official P- -ores, J�_:y 1, :969 in Book 35.2, Page 428
(D Pecords, and November 3, :971 in 3ook 3661, Page 703 of official
P.ec-:rds .
ALSO EXCEPT that portion described in the deed to Joe Johnson and :rife, recorded
May 10, 1967 as Document No. 19917, in Book 3140, Page 567 of Official Records.
EXCEPT an undivided 51% of all oil, gas and other hydrocarbon substances that
may be produced from a depth below S00 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
lard and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded DeceTber 15, 1964.
Parcel J:
Part of Lot "V ", Tract "L", Rancho Simi, in the City of Moorpark, County of
Vent:Tra, State of California, as per Map recorded in Book 5, Page 5 of map, in
the office of the County Recorder of said County, described as follows:
Beginning at a point in the North line of that certain parcel of land conveyed
to L. E. Hines, by deed dated February 4, 1904, recorded in Book 97, Page 390 of
Deeds, distant East 991 feet from the Northwest corner of said lands of L. E.
Hines, said corner being marked by a 4" x 4" redwood post; thence,
1st: East 571.88 feet along the said North line of said lands of L. E. Hines
to a 3/4 -inch iron pipe set at the Northeast corner of said lands of L. E. Hines
and in the West line of lands conveyed to J. M. Stuart, by deed dated March 31,
1911, recorded in Book 124, Page 371 of Deeds; thence,
2nd: North 1059.59 feet along the West line-of said land of J. M. Stuart to a
point distant South 1321.12 feet from the Northwest corner of said land of J. M.
Stuart in the Borth line of said Lot "V "; thence,
3rd: South 280 21' 30" West 1204 feet to the point of beginning.
EXCEPT an undivided 51t of all oil, gas and other hydrocarbon substances that
may be produced from a depth below 500 feet from the surface of said land, but
without any right of entry upon the surface of said land for the purpose of
mining, drilling, exploring or extracting such oil, gas and other hydrocarbon
substances or other use of or rights in or to any portion of the surface of said
land and to a depth of 500 feet below the surface thereof, as reserved by Evan
D. Williams, et al., in deed recorded December 15, 1964.
Parcel K:
Parcel A, in the City of Moorpark, County of Ventura, State of California, as
Ordinance No. 263
Page 49 DESCRIPTION Order No. 579970 -S BR
shown on a parcel map filed in Book 14, Page 12 of Parcel Maps, in the office of
the County Recorder of said County.
EXCEPT an undividod 41% -f all nil, 90V nM cthoy hydrocarbon sutstances !hat
inay he pi,,(Juced f 1-!?ir i c -pth below SOU f --! f rrn rate surf are of ;aid lan6, Wt.
-,:it lvnii i:iy i iglu.. of Pri ry upon OW nurfn-y of 7- 11 land for t hp purpose of
,..nine:, 6K I I irg, explo: ing or extiarr ing rAch , i 1 , gas and other hydincarho!'.
subst-anc-s oz other use of or rights in oz to anj portion of Lhe surface of said
land and to a depth of 500 feet below Lhe surface thereof, as reserved by Evan
D. Williams, et a I . , in deed recorded December 12, 1964 as Document No. 89876 i it
Book 2689, Page 564 of official Records
Ordinance No. 263
Page 50
EXHIBIT "B"
RECORDING REQUESTED BY:
City Clerk, City of Moorpark
WHEN RECORDED MAIL TO:
City Clerk, City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
COVENANT RUNNING WITH THE LAND
THIS COVENANT is made this day of , by and
between Fountainwood Agoura, a California General Partnership,
( "Developer ") and the City of Moorpark, a municipal corporation
( "City ") .
WHEREAS, Developer is the owner of certain real property in
the City of Moorpark, County of Ventura, legally described as Lot
of Tract No. ( "the Developer's Property "); and
WHEREAS, City is the owner of certain real property in the
City of Moorpark, County of Ventura, legally described
as ( "the City's
Property ") ; and
WHEREAS, Developer and City are parties to that certain
Development Agreement recorded in the office of the County
Recorder of the County of Ventura as Instrument No.
( "the Development Agreement "); and
WHEREAS, pursuant to the Development Agreement, Developer
agreed to restrict the use of the Developer Property to certain
uses and to transfer all other development rights to the City
Property and to record a document to that effect as a condition of
approval of the final map for Tract No. ;
NOW, THEREFORE, in consideration of the mutual promises of
the parties to this Covenant, each to the other as covenanter and
Ordinance No. 263
Page 51
covenantee, and expressly for the benefit of, and to bind, their
successors in interest, the parties agree as follow:
1. The Developer Property shall be used for the following
purposes only:
public school facilities, kindergarten through 12th grade
2. All uses not specified in Paragraph 1 hereof are hereby
deemed transferred from the Developer Property to the City
Property for the benefit of the City Property.
3. From time to time, and at any time, City may substitute
any other property owned by City on the date of the substitution
for the City Property ( "the Substitute Property ") without the
consent of Developer by the recordation of an amendment to this
Covenant in the office of the County Recorder of the County of
Ventura. The amendment shall describe the Substitute Property and
shall provide that, commencing on the date of recordation of the
amendment, all uses not specified in Paragraph 2 hereof shall be
deemed transferred from the City Property to the Substitute
Property for the benefit of the Substitute Property.
4. All of the covenants, restrictions, and limitations set
forth herein shall run with the Developer Property and the City
Property and shall benefit and bind all persons, whether natural
or legal, having or acquiring any right, title, or interest in any
portion of the Developer Property or the City Property. Each
grantee of a conveyance or purchaser under a contract of sale or
similar instrument that covers any right, title, or interest in or
to any portion of the Developer Property or the City Property, by
accepting a deed or a contract of sale or similar instrument,
accepts the conveyance or sale subject to, and agrees to be bound
and benefitted by, all of the covenants, restrictions and
limitations set forth herein.
5. This Covenant may be enforced by proceedings at law or
in equity against any person who violates or attempts to violate
an covenant, restriction or limitation hereof. The prevailing
party shall be entitled to recover such attorneys' fees and court
costs as it reasonably incurs in such a proceeding.
6. In the event any provision of this Covenant is found to
be invalid or unenforceable in any proceeding at law or in equity,
such finding shall not affect the other provisions of this
Covenant, which shall remain in full force and effect.
Ordinance No. 263
Page 52
IN WITNESS WHEREOF, Fountainwood Agoura, G.P. and City of
Moorpark have executed this Covenant on the date first above
written.
FOUNTAINWOOD AGOURA CITY OF MOORPARK
Mark Rosenberg
General Partner
Patrick Hunter
Mayor
Ordinance No. 263
Page 53
EXHIBIT "C"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Fountainwood Agoura
c/o Morrison Fountainwood Agoura
711 Daily Drive, Suite 110
Camarillo, CA 93010
Attn: Michael J. Greynald
Ordinance No. 263
Page 54
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 263 was adopted by the City Council of the
City of Moorpark at a meeting held on the 6th day of October, 1999,
and that the same was adopted by the following vote:
AYES: Councilmembers Evans, Harper, Rodgers, and Mayor
Hunter
NOES: None
ABSENT: None
ABSTAIN: Councilmember Wozniak
WITNESS my hand and the official seal of said City this 6th day of
December, 1999.
Deborah S. Traffenste , City Clerk
(seal)