HomeMy WebLinkAboutAGENDA REPORT 1993 0908 CC SPC ITEM 08MAGENDA REPORT
CITY OF MOORPARK
ITEM � •
OOPPARK, CALIFORNIA
City Council Meeting
or -8 t99,3
TO: THE HONORABLE CITY COUNCIL
By
FROM: Lillian Hare, City Clerk
DATE: August 24, 1993 (For CC Mtg 9/8/93)
SUBJECT: Consider Extension of Agreements for Carlsberg
Tentative Tract Maps (Tracts 4785 and 4786)
BACKGROUND:
Attached is the First Amendment to Waiver and Extension of Time
Agreement for Tracts 4785 and 4786 (Carlsberg) . Ron Tankersley has
signed the agreement for Conejo Freeway Properties, LTD.
(Carlsberg) extending the time to make a decision on the maps to
January 15, 1994.
STAFF RECOMMENDATION:
Approve the Agreement and authorize the Mayor to execute the
document.
Attachment
c: \wp51 \reports \82393.2
08/12/93 12.50 $213 236 2700 BW &S LA
FIRST AMENDfiiENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
This FIRST AMENDMENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
( "Agreement ") dated as of February 1, 1993, is made by and between
CONEJO FREEWAY PROPERTIES, LTD., a California limited partnership
('Conejo") by and through its general partner LAND RESEARCHERS,
INC., a California corporation, and the City of Moorpark, a
California municipal corporation ( "City").
RECITALS
WHEREAS, Conejo and the City entered into a Waiver and
Extension of Time Agreement dated as of May 11, 1992, which, among
other things, extended the deadline for approval, conditional
approval or disapproval of an application for Tentative Tract Map
No. 4786 from May 21, 1992 through February 1, 1993;
WHEREAS, Cone j o and the City desire to further extend the time
period for consideration of the subject Tract Map Application to
enable the City to complete its actions with respect to the
proposed revisions to the Carlsberg Specific Flan and associated
environmental document.
NOW, THEREFORE, for good and valuable consideration, which
each party hereby acknowledges having received, Conejo and the City
agree as follows:
1. The City is authorized to and does hereby extend the
deadline for approval, conditional approval or disapproval of the
application for Tentative Tract Map No. 4786 pursuant to Government
Code section 65950, et seq., and section 66410, et seq., from May
21, 1992 through January 15, 1994.
2. Conejo is aware that it has certain rights under the
Permit Streamlining Act, Government Code section 65950, et seq.,
and the Subdivision Map Act, Government Code section 66410, et
seq., including the right to have the Tract Map Application deemed
approved under Government Code section 65956(b) or section 66452.4
under certain circumstances, and Conejo hereby knowingly,
voluntarily and expressly waives any right it may have to have the
Tract Map Application deemed approved under Government Code section
65956(b) or section 66452.4 for the period through January 15,
1994. It is understood and agreed by Conejo that pursuant to Civil
Code section 3513, Conejo is hereby expressly waiving the advantage
of law of Government Code sections 65956(b) and 66452.4 for the
time period through January 15, 1994. conejo acknowledges that
this advantage of law is intended for Conejo's benefit and not for
a public reason or benefit. If by January 16, 1994, the City has
awns /cfc4786.003
1
10 009
AUG 12 '93 12:47 '" -7 _ - -- - --
08/12/93 12:51 0213 236 2700 BUS LA
not approved, conditionally approved or disapproved the Tract Map
Application, Conejo will not assert or rely upon the City's
inaction for the period from May 21, 1992 through January 15, 1994
or asserL or claim that this waiver is contrary to public policy,
as a basis for claiming approval for the Tract Map Application.
Prior to January 16, 1994, Conejo will not give public notice
pursuant to Government Code section 65956(b).
IN WITNESS WHEREOF, Conejo and the City have executed this
First Amendment to Waiver and Extension of Time Agreement dated as
of the date first written above.
CITY OF MOORPARK
Paul Lawrason, Mayor
ATTEST:
Lillian Kellerman, City Clerk
apmt9lcfc4786.003
K
CONEJU FREEWAY PROPERTIES, LTD.
By: LAND RESEARCHERS, INC.
As general partner of
Conejo Freeway Properties,
Ltd.
n iranxersiey,
President
AUG 12 '93 12:47 a1z wan ^ ^� ^
0 010
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FIRST AMENDMENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
This FIRST AMENDMENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
( "Agreement ") dated as of February 1, 1993, is made by and between
SIMI- MOORPARK FREEWAY PROPERTIES, LTD., a California limited
partnership ( "Simi ") by and through its general partner LAND
RESEARCHERS, INC., a California corporation, and the City of
Moorpark, a California municipal corporation ( "City ").
RECITALS
WHEREAS, Simi and the City entered into a Waiver and Extension
of Time Agreement dated as of May 11, 1992, which, among other
things, extended the deadline for approval, conditional approval or
disapproval of an application for Tentative Tract Map No. 4785 from
May 21, 1992 through February 1, 1993;
WHEREAS, Simi and the City desire to further extend the time
period for consideration of the subject Tract Map Application to
enable the city to complete its actions with respect to the
proposed revisions to the Carlsberg Specific Plan and associated
environmental document.
NOW, THEREFORE, for good and valuable consideration, which
each party hereby acknowledges having received, Simi and the City
agree as follows:
1. The City is authorized to and does hereby extend the
deadline for approval, conditional approval or disapproval of the
application for Tentative Tract Map No. 4785 pursuant to Government
Code section 65950, et seq., and section 66410, et seq., from May
21, 1992 through January 15, 1994.
2. Simi is aware that it has certain rights under the Permit
Streamlining Act, Government Code section 65950, et seq., and the
Subdivision Map Act, Government Code section 66410, et seq.,
including the right to have the Tract Map Application deemed
approved under Government Code section 65956(b) or section 66452.4
under certain circumstances, and Simi hereby knowingly,
voluntarily and expressly waives any right it may have to have the
Tract Map Application deemed approved under Government Code section
65956(b) or section 66452.4 for the period through January 15,
1994. It is understood and agreed by Simi that pursuant to Civil
Code section 3513, Simi is hereby expressly waiving the advantage
of law of Government Code sections 65956(b) and 66452.4 for the
time period through January 15, 1994. Simi acknowledges that this
advantage of law is intended for Simi's benefit and not for a
agmtw /cfc4785.003 1
AUG 12 '93 12:43 J17 0zc -)"nn " --
08/12/93 12!47 $213 236 2700 BW &S LA 10 004
public reason or benefit. If by January 16, 1994, the City has not
approved, conditionally approved or disapproved the Tract Map
Application, Simi will not assert or rely upon the City's inaction
for the period from May 21, 1992 through January 15, 1994 or assert
or claim that this waiver is contrary to public policy, as a basis
for claiming approval for the Tract Map Application. Prior to
January 16, 1994, Simi will not give public notice pursuant to
Government Code section 65956(b).
IN WITNESS WHEREOF, Simi and the city have executed this First
Amendment to Waiver and Extension of 'Time Agreement dated as of the
date first written above.
CITY OF MOORPARK
Paul Lawrason, Mayor
ATTEST:
Lillian Kellerman, City Clerk
aomts /efc4785.003
2
SIMI- MOORPARK FREEWAY
PROPERTIES, LTD.
By: LAND RESEARCHERS, INC.
As general partner of
Simi - Moorpark Freeway
Properties, Ltd.
Ro6WIv - Tankersley,
President
AUG 12 '93 12 :43 213 236 2700 PAGE.oe4
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FIRST AMENDMENT TO WAIVER AND EXTENSION of TIME AGREEMENT
This FIRST AMENDMENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
( "Agreement ") dated as of February 1, 1993, is made by and between
SIMI- MOORPARK FREEWAY PROPERTIES, LTD., a California limited
partnership ( "Simi ") by and through its general partner LAND
RESEARCHERS, INC., a California corporation, and the City of
Moorpark, a California municipal corporation ( "City ").
ARCITALS
WHEREAS, Simi and the city entered into a Waiver and Extension
of Time Agreement dated as of May 11, 1992, which, among other
things, extended the deadline for approval, conditional approval or
disapproval of an application for Tentative Tract Map No. 4785 from
May 21, 1992 through February 1, 1993;
WHEREAS, Simi and the City desire to further extend the time
period for consideration of the subject Tract Map Application to
enable the City to complete its actions with respect to the
proposed revisions to the Carlsberg Specific Plan and associated
environmental document.
NOW, THEREFORE, for good and valuable consideration, which
each party hereby acknowledges having received, Simi and the City
agree as follows:
1. The City is authorized to and does hereby extend the
deadline for approval, conditional approval or disapproval of the
application for Tentative Tract Map No. 4785 pursuant to Government
Code section 65950, et sect., and section 66410, at seq., from May
21, 1992 through January 15, 1994.
2. Simi is aware that it has certain rights under the Permit
Streamlining Act, Government Code section 65950, at seq., and the
Subdivision Map Act, Government Code section 66410, at seq.,
including the right to have the Tract Map Application deemed
approved under Government Code section 65956(b) or section 66452.4
under certain circumstances, and Simi hereby knowingly,
voluntarily and expressly waives any right it may have to have the
Tract Map Application deemed approved under Government Code section
65956(b) or section 66452.4 for the period through January 15,
1994. It is understood and agreed by Simi that pursuant to Civil
Code section 3513, Simi is hereby expressly waiving the advantage
of law of Government Code sections 65956(b) and 66452.4 for the
time period through January 15, 1994. Simi acknowledges that this
advantage of law is intended for Simi's benefit and not for a
agmts /cfc4785.003
Q005
PUG 12 '93 12:44 71 z 07c _Yr7ckn - —
08/12/93 12:49 '213 236 2700 BW &S LA
public reason or benefit. It by January 16, 1994, the City has not
approved, conditionally approved or disapproved the Tract Map
Application, Simi will not assert or rely upon the City's inaction
for the period from May 21, 1992 through January 15, 1994 or assert
or claim that this waiver is contrary to public policy, as a basis
for claiming approval for the Tract Map Application. Prior to
January 16, 1994, Simi will not give public notice pursuant to
Government Code section 65956(b).
IN WITNESS WHEREOF, Simi and
Amendment to Waiver and Extension
date first written above.
CITY OF MOORPARK
Paul Lawratson, Mayor
ATTEST:
Lillian Kellerman, city Clerk
agmtUe feA 785.003
the City have executed this Furst
of Time Agreement dated as of the
2
SIMI- MOORPARK FREEWAY
PROPERTIES, LTD.
Sy: LAND RESEARCHERS, INC.
As general partner of
Simi - Moorpark Freeway
Properties, Ltd.
Rorie Tanker le
President
AW 12 '93 12:45 213 236 2700 Parlp gimr-
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PIXJT AUNDMBNT TO WAIVER AND EXTENSION OF TIME AGREEMENT
This FIRST AMENDMENT TO WAIVER AND EXTENSION OF TIME AGREEMENT
( "Agreement ") dated as of February 1, 1993, is made by and between
CONEJO FREEWAY PROPERTIES, LTD., a California limited partnership
( "Conejo") by and through its general partner LAND RESEARCHERS,
INC., a California corporation, and the City of Moorpark, a
California municipal corporation ( "City"),
RECITALS
WHEREAS, Conejo and the City entered into a Waiver and
Extension of Time Agreement dated as of May 11, 1992, which, among
other things, extended the deadline for approval, conditional
approval or disapproval of an application for Tentative Tract Map
No. 4786 from May 21, 1992 through February 1, 19931
WHEREAS, Conejo and the City desire to further extend the time-
period for consideration of the subject Tract Map Application to
enable the City to complete its actions with respect to the
proposed revisions to the Carlsberg Specific Plan and associated
environmental document.
NOW, THEREFORE, for good and valuable consideration, which
each party hereby acknowledges having received, Conejo and the City
agree as follows:
1. The City is authorized to and does hereby extend the
deadline for approval, conditional approval or disapproval of the
application for Tentative Tract Map No. 4786 pursuant to Government
Code section 65950, et seq., and section 66410, et seq., from May
21, 1992 through January 15, 1594.
2. Conejo is aware that it has certain rights under the
Permit Streamlining Act, Government Code section 65950, at seq.,
and the Subdivision Map Act, Government Code section 66410, et
seq., including the right to have the Tract Map Application deemed
approved under Government Code section 65956(b) or section 66452.4
under cerL'ain circumstances, and Conejo hereby knowingly,
voluntarily and expressly waives any right it may have to have the
Tract Map Application deemed approved under Government Code section
65956(b) or section 66452.4 for the period through January 15,
1994. It is understood and agreed by Conejo that pursuant to Civil
Code section 3513, Conejo is hereby expressly waiving the advantage
of law of Government Code sections 65956(b) and 66452.4 for the
time period through January 15, 1994. conejo acknowledges that
this advantage of law is intended for Conejo's benefit and not for
a public reason or benefit. If by January 16, 1994, the City has
ogmts /ch4786.003 1
AUG 12 '93 12:45 01 z -)-2r n--- ---- - --
08/12/93 12 :50 12213 236 2700 BUS LA
not approved, conditionally approved or disapproved the Tract Map
Application, Conejo will not assert or rely upon the City's
inaction for the period trom May 21, 1992 through January 15, 1994
or assert or claim that this waiver is contrary to public policy,
as a basis for claiming approval for the Tract Map Application.
Prior to January 16, 1994, Conejo will not give public notice
pursuant to Government Code section 65956(b).
IN WITNESS WHEREOF, Conejo and the City have executed this
First Amendment to Waiver and Extension of Time Agreement dated as
of the date first written above.
CITY OF MOORPARK
Paul Lawrauon, Mayor
ATTEST:
Lillian Kellerman, City Clerk
agmta /00786.003
2
CONEJO FREEWAY PROPERTIES, LTD.
Sy: LAND RESEARCHERS, INC.
Aa general partner of
Conejo Freeway Properties,
Ltd.
Ott lranxersley,
President
X1008
AUG 12 '93 12:46 X17 0ZC ''''ern r ^ -� --