HomeMy WebLinkAboutRES CC 1998 1508 1998 0902RESOLUTION NO. 98 -1508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK
INTERPRETING THE INTENT OF AND CONDITIONALLY WAIVING A
PROVISION OF THAT CERTAIN DEVELOPMENT AGREEMENT ENTERED
INTO BY AND BETWEEN THE CITY OF MOORPARK AND BOLLINGER
DEVELOPMENT INCORPORATED ON APRIL 18, 1996
WHEREAS, on April 18, 1996, the City of Moorpark and Bollinger Development
Incorporated entered into a Development Agreement ( "the Development Agreement "); and,
WHEREAS, pursuant to Section 13 of the Development Agreement, Bollinger Development
Incorporated has requested an interpretation of the intent of said Agreement as the same pertains to
the period for use inauguration of Residential Planned Development Permit ( "RPD ") No. 94 -1 and
Conditional Use Permit ( "CUP ") No. 94 -1; and,
WHEREAS, pursuant to Section 20 of the Development Agreement, Bollinger Development
Incorporated has requested a waiver relative to the Golf Course Commencement Date described in
Section 4 of said Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. In approving the Development Agreement, it was the intent of the City that
the use inauguration period for RPD 94 -1 not commence until the effective date of said Agreement,
and, as provided in Section 7, subsection (i) (8), of the Development Agreement, the period for use
inauguration of RPD 94 -1 is three (3) years from the date that the Development Agreement becomes
effective; provided, however, the term of RPD 94 -1 shall not exceed the term of Vesting Tentative
Tract Map No. 4928 and any extensions thereof.
Section 2. In approving the Development Agreement, it was the intent of the City that
the use inauguration period for CUP 94 -1 not commence until the effective date of said Agreement
and, as provided in Section 7, subsection (i)(9), of the Development Agreement, the period for use
inauguration of CUP 94 -1 is three (3) years from the date that the Development Agreement becomes
effective; provided, however, the term of CUP 94 -1 shall not exceed the term of Vesting Tentative
Tract Map No. 4928 and any extensions thereof.
Section 3. The golf Course Commencement Date of May 1, 1998, set forth in the first
sentence of Section 4 of the Development Agreement, is hereby waived on condition that the Golf
Course Commencement Date of each of the two golf course permitted by CUP No. 94 -1 shall be not
later than May 1, 2003.
Resolution No. 98 -1508
Page 2
Section 4. The waiver set forth in Section 3 above shall not constitute a waive of, or in
any manner apply to, any of the requirements contained in the early grading agreement or the erosion
control plan described in Section 7. (e) of the Development Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of September,,J 998.
ick Hunter
ATTEST:
Resolution No. 98 -1508
Page 3
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 Resolution No. 98 -1508 was adopted by the City Council of the
City of Moorpark at a meeting held on the 2nd day of September, 1998, and that the same was
adopted by the following vote:
AYES: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 3rd day of September, 1998.
Deborah S. Traffenstedt, Tity Clerk
(seal)