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HomeMy WebLinkAboutAGENDA REPORT 1992 0304 CC REG ITEM 08CITEM U e v (Amended Language is in Italics and Underlined) FIRST AMENDED AGREEMENT The City of Moorpark (City) and Embassy Ltd., a California Limited Partnership (Embassy) into the following First Amended Agreement. ')OR ?ARK, CALIFORNIA City Council Mee tng Cf 3 y ice? r,CTION: 400, Plaza No. hereby WHEREAS, City entered into Agreement (original Agreement) with Embassy on January 15, 1992; WHEREAS, under the terms of the Original Agreement Embassy was to install a new six (6) foot chain link fence around the perimeter of the Property; WHEREAS, City and Embassy agree that Embassy's obligation to install a chain link fence around the perimeter of the property needs clarification; NOW, THEREFORE, for good and valuable consideration, including the mutual agreements and covenants herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: Section 1: Paragraph 3.C. of the Original Agreement shall be amended to read as follows: By January 29, 1992, remove all debris including but not limited to broken concrete, construction debris and /or any foreign material or substance that is not found as being natural to the property. Any such debris that have been disposed of on the Property and removed pursuant to this Agreement shall be taken to and legally disposed of at an approved landfill. By February 3, 1992, install a six (6) foot chain link fence around the perimeter of the Property. The referenced fence may be a rented fence so long as Embassy provides evidence to satisfaction of City by March 10, 1992 that it has paid for no less than three (3) years consistent with a Planned Development Permit approved for said Property. Said fence to be located on the Property at a point beyond the easements referenced in G., below, unless otherwise approved by the City in writing. de Section 2: This First Amended Agreemenz stall be effective as of March 10, 1992. IN WITNESS WHEREOF, the parties ' ere -Z�o have caused this First Amended Agreement to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK By: Paul W. Lawrason Jr. Mayor Attest: Lillian Kellerman City Clerk 2282.tem EMBASSY PLAZA NO. 16, a California General Partnership BY: Mike Turi A General Partner By: Michael P. Paselk A General Partner BY: Frank J. Jansen A General Partner BY: Kenneth J. Shishido A General Partner 2