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HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 11F Flpi �����`�� MOORPARK ass m( 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 MOORPARK, CALIFORNIA City_ Meeting 7 MOORPARK, CALIFORNIA 1�LCity Meeting ACTION / 4/971?off ofCbi99� fcr. / N. // By f/ • _ a 9r/ B e' MEMORANDUM y-27 To: Honorable City Council From: Patrick J. Richards, Director of Community Development Date: June 14, 1991 Subject : Status of PD 1066 (Liston) Minor Modification Discussion On Monday, June 10, 1991 Mr. Tom Cushman, representing the applicant (Leonard Liston), arrived at City Hall to obtain a Compliance Review (occupancy approval) for PD 1066. The applicant requested that occupancy be granted without an agreement being signed because outstanding issues were between the Car Wash and Shiloh Church. Mr. Cushman was advised that before a Compliance Review could be approved, all processing costs would need to be paid and an agreement to maintain the new Church landscaping would need to be signed between parties. When the applicant was asked to pay the processing costs he refused and stated that he did not want to pay if the occupancy could be held up due to the church not signing the agreement. He indicated that when the agreement is signed (and all other conditions met) he would pay the processing costs. The written agreement between the Car Wash and the Church for the maintenance of the new Church landscaping is not a requirement of the Council. Staff required that the agreement be put into writing to maintain a record of who was responsible for maintenance. Staff's only concern is the maintenance of the trees that were planted on the Church's property. Any other items which are included within an agreement are at the discretion of the Car Wash owners and the Church. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember As of June 14, 1991 the following items need to be accomplished before occupancy can be granted: 1 . All processing costs in conjunction with the Minor Modification ' n need to be paid. Va'` 2. A written agreement between the affected parties regarding the maintenance of the landscaping on the Church's property must be reached. 3. All agencies must sign off on the project. As of this date only building and safety has done so. Water, Sewer, Fire, City Engineer r(}%', and Planning have yet to grant approval. The Church has raised the_, /sit' issue of inadequate off site drainage which will need to be ; A//1 investigated by the City Engineer before occupancy can be granted. ,&i-f--('l; 'rJ ✓ 'lam' As of the date of this report the Car Wash owners and the church are at an ' impasse regarding the signing of any agreement. Both parties have created written agreements which are attached to this report. Staff Recommendation >4. That the City Council continue this matter until the Special Meeting of June 24, 1991 Attachment: Agreement forms from Church and Car Wash June 13, 1991 letter from Pastor Hale 5;1ziloh- Community Church 123 Park Lane, Moorpark, CA 93021 (805) 529-5577 June 13, 1991 Mr. Patrick Richards Director of Community Development City of Moorpark 799 Walnut Canyon Moorpark, CA 93021 Dear Mr. Richards I want to take a moment of your time if I may to fill you in on the current status of PD1066 (Liston Car Wash) . We want nothing more than to have the issue resolved so you, we and they can get on with our other business. Our understanding was that the owners of Moorpark Car Care, Inc. , were to submit to certain decisions handed down by the council, INCLUDING signing a settlement agreement with the church. We drafted an agreement because it was our property that was trespassed. It includes virtually word for word what the city is requiring that involves the church, footnoted with copies of city documents and signed letters, verifying that what we are asking is what the city has already required. We want to have the issues already addressed by the Council that involve us included in our agreement. This is for our protection. The Settlement Agreement we drafted was delivered to Craig Malin at City Hall, and to Mr. Liston during the week of May 20th. When city staff was contacted, I was told that the agreement was acceptable to them. On more than one occasion we contacted Mr. Liston inviting discussion. We received no response. Then last Thursday we were presented with their proposed agreement. In effect it says, "What we have done is what we are going to do. PERIOD." It has appeared to us that their intentions were to go ahead with everything else - ignoring us - and then say to the council, "Cone on, you can't hold us up over a silly agreement with the church. ." Now it appears that this is exactly what is happening. We wonder why they are unwilling to sign an acreement that simply reiterates what the council has already said they must do, and what they have already agreed to. The only reason we can come up with is that they have no intentions of abiding by them. .:.CEI d;I SI"K Page 2 of 2 After the Counsel voted not to hear the issue at the meeting on June 12, I tried to speak with Mr. Liston and Mr. Cushman outside the Counsel meeting room. They said they would not sign our proposed agreement. They said that the agreement they sent us was what they were willing to sign. When we sought to discuss the matter in hopes of reaching an agreement, Mr. Liston accused us of being in collusion with the counsel against them, and of blackmailing them. As we continued to ask for discussion, Mr. Liston said we were unreasonable and that there was nothing more to discuss. Mr. Liston and Mr. Cushman turned and walked away. Craig Malin from the City Planning Department was present during this conversation. There are a couple of specifics that we are concerned with that have arisen in addition to those in our proposed settlement agreement: 1) The wall and landscaping on our property line, although nice, is not finished according to the plans we were given by Mr. Liston. Both of the beds were to be lined with railroad ties. Only one is. One of the trees planted on our property is badly scarred. 2) The paint, especially on the buildings facing us is very streaky and is an eyesore. Mr. Liston told me that it was finished as is. 3) Street drainage is a large problem. In order to continue the fall of the existing street, where their property line ends and ours begins, their elevation is at least 6 inches lower than ours. This creates a lake. They have cut away our road to divert it into the field due east of us, but that causes another problem without solving the first one. The lake still remains, and the sealed surface of our road has been damaged and left as dirt, or mud when it gets wet. The church requests that the Counsel direct staff to check into these items, and NOT to approve the Minor Modification, or grant occupancy until these items are resolved and a Settlement Agreement is signed. Thank you very much for your time and consideration. Si erely, Errol Hale Pastor • al COMPROMISE SETTLEMENT AGREEMENT THIS COMPROMISE SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement" ) is made and entered into this day of , 1991, by and between SHILOH COMMUNITY CHURCH OF MOORPARK, a California corporation (hereinafter referred to as "Shiloh" ) , AMERICAN BAPTIST CHURCHES OF THE PACIFIC SOUTHWEST (hereinafter referred to as "ABC" ) ; and MOORPARK CAR CARE, INC. , a California corporation also known as MOORPARK CAR WASH (hereinafter collectively referred to in the singular as "Car Care" ) , LEONARD I. LISTON (hereinafter referred to individually as "Liston" ) , and THOMAS CUSHMAN (hereinafter referred to individually as "Cushman" ) , and is intended as a compromise settlement of the disputes between the parties with respect to the facts and circumstances described below. STATEMENT OF FACTS The parties hereto contract with reference to the following facts: A. ABC is the owner of an estate in fee to property commonly known as 123 South Park Lane, Moorpark, California 93021 and more particularly described on Exhibit "A" attached hereto (hereinafter referred to as the "Church Property" ) . The Church Property is shown as Assessor's Parcel Number 506-0-050-150 on Assessor ' s Parcel Map attached hereto as Exhibit "C" . B. ABC has been the owner of the Church Property since the year 1959 and the premises and facilities have continuously been used as a church since that date. C. Shiloh is the owner of a leasehold estate in and to the Church Property pursuant to a Lease Agreement dated January 1, 1985 by and between ABC and Shiloh. D. Shiloh is a religious corporation currently using the Page 1 of 14 Pages Church Property, the premises, and facilities as a church. E. Car Care is the record title owner of an estate in fee to property commonly known as 75 Park Lane, Moorpark, California 93021 and more particularly described on Exhibit "B" attached hereto (hereinafter referred to as the "Car Care Property" ) . The Care Care Property is shown as Assessor' s Parcel Number 506-0-050-140 on the Assessor's Parcel Map attached hereto as Exhibit "C" . F. Car Care is a California corporation with officers comprised of Cushman as President and Liston as Vice President. G. Cushman and Liston are builders and entrepreneurs who are currently engaged in the development of the Car Care Property by constructing a full-service car wash and automobile center which includes the sale and storage of gasoline and petroleum products (hereinafter referred to as the "Project" ) . H. The Church Property and the Car Care Property are contiguous parcels of land. The southerly boundary of the Car Care Property abuts and adjoins the northerly boundary of the Church Property forming a common boundary line between the respective parcels of property as shown on the Assessor ' s Parcel Map attached hereto as Exhibit "C" . I . The Church Property and the Car Care Property were separated by a column of trees located along the abutting and adjoining boundary between the respective parcels of land. As coterminous owners, these trees formed the common boundary line between the Church Property and the Car Care Property (hereinafter referred to as "Line Trees " ) . The Line Trees which existed on the land of the two coterminous owners belonged to both owners in common. J. On or before October 5, 1987 , Liston on behalf of himself, Car Care, and Cushman, submitted an application to the City of Moorpark for the approval of the Project by the City Council, Planning Commission, and other appropriate city employees and/or city departments . Upon application, the Project Page 2 of 14 Pages was thereafter entitled "Planned Development Permit No. PD-1066 (Liston) " (hereinafter referred to as "PD-1066 " ) . K. In association with the development and construction of the Project and for the express purposes of creating a "better project" and protecting its future customers and their automobiles, Liston, on or about November 20, 1987 , agreed to provide subcontractors and equipment to grade and pave the parking lot located on the Church Property as well as the right-of-way to the southeasterly property line of the Church Property, one-half street in width. (See Exhibit "D" attached hereto) . L. After modification and revision of the Project, the Moorpark City Council adopted Resolution Number 88-444 on or about February 3, 1988, which resolution conditionally approved PD-1066 . M. On or about December 12, 1990, the Moorpark City Staff approved Zoning Clearance Number 90-446 which authorized the development and construction of the Project. N. On or about March 6, 1991, the City of Moorpark became aware that approximately eleven ( 11) mature trees of various varieties which were to be preserved as a condition to the approval of PD-1066 by the Moorpark City Council and as set forth in the Resolution Number 88-444 were admittedly removed by Car Care, Cushman, and Liston in connection with the development and construction of the Project. (See Exhibit "E" and Exhibit "F" attached hereto) . O. Approximately six ( 6 ) of the mature trees (Acacias) removed by Car Care, Cushman, and Liston were Line Trees . (See Exhibit "E" and Exhibit "F" attached hereto) . P. The removal of the mature trees including the Line Trees without prior consent of ABC, Shiloh, and the City of Moorpark was in violation of the conditions to the approval of PD-1066 by the Moorpark City Council and as set forth in Resolution Number Page 3 of 14 Pages • 88-444, Moorpark City Tree Ordinance Number 101, California statutory law, and California case precedent. [See Exhibit "E" , Exhibit "F", and item D( 1) of Exhibit "G" attached hereto) . Q. On or about March 8, 1991, the City of Moorpark placed a "Stop Work Order" on the project pending final resolution of the matter concerning the unlawful removal of the mature trees including the Line Trees . (See Exhibit "E" attached hereto) . R. During the process of securing the requisite approvals from the governing bodies of the City of Moorpark and as result of the development and construction of the Project, various issues and disputes have arisen between Shiloh and Car Care, Cushman, and Liston, as adjoining landowners, as well as with the governing bodies of the City of Moorpark. The disputes which have arisen include the above-mentioned unlawful removal of trees, hours of operation, a noise attenuation block wall, landscaping and landscaping plans, and conditions relative to the advertising, sale, and storage of gasoline and other automobile products . S. On or about March 13, 1991, the Moorpark City Council, after oral argument at their regularly scheduled session, addressed the above-mentioned issues and disputes by imposing upon Car Care, Cushman, and Liston (as applicant under PD-1066 ) seven ( 7 ) conditions which were to be satisfactorily satisfied in order to lift the "Stop Work Order" . At that session, Liston accepted all of the conditions as imposed by the Moorpark City Council . Minutes of the Moorpark City Council session containing the seven ( 7 ) conditions and reciting Liston' s acceptance of same are attached hereto as Exhibit "G" . T. On or about April 17, 1991, Car Care, Cushman, and Liston submitted to the City of Moorpark, Director of Community Development a document entitled "Request for Minor Modification, Planned Development Permit No. PD-1066 , Moorpark Car Wash, 75 Park Lane, Moorpark, California" wherein Car Care, Cushman, and Liston accept and agree to all or substantially all of the above-mentioned conditions imposed by the Moorpark City Council Page 4 of 14 Pages on or about March 13, 1991 . A copy of said document is attached hereto as Exhibit "H" . U. It is the desire of ABC and Shiloh to preserve and protect their property rights and interests in the Church Property as well as to engage in and conduct their lawfully guaranteed religious services within the community of Moorpark with quiet enjoyment; free from unreasonable extrinsic interferences, distractions, and disturbances including, but not limited to noise, traffic, and air or hazardous waste pollution. V. It is the desire of Car Care, Cushman, and Liston to develop the Car Care Property to the highest economic potential permissible under the law by constructing and establishing a free market going-concern which will provide socially desirable services as well as employment opportunities and income realization for themselves, their families, and other people within the community of Moorpark. W. It is the desire of the City of Moorpark to protect the health, safety, and welfare of the public as well as to foster economic growth within the community without jeopardizing the aesthetic beauty and tranquility of the City of Moorpark while simultaneously securing the individual rights and interests of ABC, Shiloh, Car Care, Cushman and Liston. X. It is the desire of all parties to reach a full, complete, and final settlement of all matters arising out of the facts and circumstances as set forth herein and to encourage future amicable communication between the parties; all to the benefit of both the individuals and the community. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows : 1. STATEMENT OF FACTS Page 5 of 14 Pages • A. It is hereby agreed that the above-recited Statement of Facts are incorporated herein by reference and made a part hereof . 2. HOURS OF OPERATION A. It is hereby agreed that the car wash and automobile center will not open until 12 : 00 noon on Sundays so as not to disturb or disrupt the services of Shiloh. B. It is hereby agreed that the above-mentioned limitation on hours of operation will be in effect only so long as the Church Property is used as a church. 3. WALL A. It is hereby agreed that Car Care, Cushman, and Liston will erect an attenuated block wall for the purposes of noise, wind, and pollution abatement. B. It is hereby agreed that the block wall will be located upon the Car Care Property and will be erected along the entire southerly boundary line of the Car Care Property adjacent to the Church Property. C. It is hereby agreed that the block wall will be a minimum of eight (8) feet in height at its highest point which will begin at the southwesterly corner of the Car Care Property and will diminish to a minimum of six (6 ) feet in height as it proceeds in an easterly direction along the boundary line of the Car Care Property adjacent to the Church Property. D. It is hereby agreed that the specific dimensions of the block wall will be determined by the City of Moorpark, Director of Community Development. E. It is hereby agreed that the block wall is either presently completed or in the process of construction and is in conformity with the requirements set forth above. Page 6 of 14 Pages F. It is hereby agreed that the block wall which is either presently completed or in the process of construction will remain in its current location on the Car Care Property. 4. PRODUCT DELIVERY, STORAGE, AND ADVERTISING A. It is hereby agreed that no delivery of any kind will be made between the hours of 10: 00 p.m. and 6 :00 a.m. B. It is hereby agreed that the gasoline pump islands will be limited to three ( 3) in number and that no more than two (2) gasoline delivery pumps will be installed on each pump island. C. It is hereby agreed that there will be no outside display of any automobile products for sale including, but not limited to oil and anti-freeze, other than for gasoline sales . D. It is hereby agreed that all gasoline price signs will be made part of an overall sign program and said sign program will be approved by the City of Moorpark, Director of Community Development prior to the first occupancy of either the car wash or automobile service building. E. It is hereby agreed that all necessary permits to store and sell flammable liquids will be obtained from the Ventura County Fire Department and the Ventura County Environmental Health Department. F. It is hereby agreed that no advertising will be installed on the gasoline pumps except such advertising as is related to gasoline sales . G. It is hereby agreed that any deviation or modification of the requirements set forth above will require prior approval from the appropriate governing bodies of the City of Moorpark. Page 7 of 14 Pages 5. GASOLINE SALES A. It is hereby agreed that gasoline sales will be conducted only with the washing of a person' s vehicle ( i.e. - only those persons receiving car washes can purchase gasoline) . 6. COSTS A. Subject to future waiver, agreement, or modification by the governing bodies of the City of Moorpark, Car Care, Cushman, and Liston hereby agree to be responsible for those costs as outlined within Exhibit "G" and Exhibit "H" attached hereto, to wit: 1 . Comply fully with all remedial and punitive reimbursement costs per the City Tree Ordinance (Ordinance Number 101) . [See item D( 1) of Exhibit "G" attached hereto] . 2 . The applicant to be required to reimburse the City for all costs incurred as a result of the tree removal and any deficiencies in the planning costs for processing. (See item 7 of Exhibit "G" attached hereto) . 3 . Reimbursement to the City of Moorpark for the costs encumbered relating to the preparation, processing, and approval of the "Request for Modification" . (See Exhibit "H" attached hereto) . 7. LANDSCAPE PLAN AND LANDSCAPING A. It is hereby agreed that Car Care, Cushman, and Liston will submit a revised landscape plan to the City of Moorpark, Director of Community Development for approval by the appropriate governing bodies of the City of Moorpark. B. It is hereby agreed that the above-mentioned landscape plan will also be subject to approval by Errol Hale, Pastor of Shiloh. Page 8 of 14 Pages C. In addition to any other requirements imposed upon Car Care, Cushman, and Liston by the governing bodies of the City of Moorpark relative to the landscape plan and the landscaping of the Project, it is hereby agreed that the landscape plan will provide for the landscaping of a portion of land along the entire common boundary line between the respective properties and located on the Church Property, south of the above-mentioned block wall (hereinafter referred to as the "Shiloh Landscape Site" ) D. It is hereby agreed that Car Care, Cushman, and Liston will provide the landscaping to the Shiloh Landscape site pursuant to the landscape plan and will be solely responsible for all costs involved in providing said landscaping including, but not limited to the costs of contractors, labor, equipment, and materials . E. It is hereby agreed that the landscaping of the Shiloh Landscape Site will include a minimum of eight (8) , 24 inch box trees in 3 foot 8 inch by 4 foot planters . 1. The trees will be Ficus or like variety or any other species of tree agreed upon by all of the parties including the City of Moorpark. 2 . It is hereby agreed that Shiloh will select the specific trees utilized in the landscaping of the Shiloh Landscape Site. F. It is hereby agreed that the landscaping of the Shiloh Landscape Site will include a long planter, enclosing the above-mentioned trees as well as the existing trees , which planter will be positioned along the entire common boundary line between the respective properties and located on the Church Property, south of the above-mentioned block wall . 1 . The planter will be constructed from railroad ties which are compatible with the existing landscaping on the Church Property and said planter will be in the dimensions as Page 9 of 14 Pages above-mentioned and as shown on the revised landscape plan submitted to the City of Moorpark, Director of Community Development. G. It is hereby agreed that the landscaping of the Shiloh Landscape Site will include gazanias or other like ground cover agreed upon by all of the parties and will be located within the above-mentioned planter. H. It is hereby agreed that the landscaping of the Shiloh Landscape Site will include climbing vines of a type mutually agreeable to all of the parties and which will be located on the above-mentioned block wall . I . It is hereby agreed that Car Care, Cushman, and Liston will be responsible for the continued and on-going maintenance and irrigation of all of the above-mentioned landscaping located on the Shiloh Landscape Site including, but not limited to the cost of labor, pruning, fertilization, water, and replacement of trees, ground cover, vines, and planters . 8. RESTORATION OF PROPERTY A. It is hereby agreed that Car Care, Cushman, and Liston will restore to its original condition the right-of-way, one-half street in width, located at and adjoining the southeasterly property line of the Church Property as well as grade said property for water run-off (drainage) in connection with any paving of the Car Care Property. B. It is hereby agreed that Car Care, Cushman, and Liston will restore to its original condition any posts, chains, or other standards previously erected by Shiloh for the purposes of abrogating truck traffic, or generally any other real or personal property of Shiloh disturbed in connection with the development and construction of the Project. Page 10 of 14 Pages 9. PAVING A. It is hereby agreed that Car Care, Cushman, and Liston will fulfill the obligations to pave the parking lot located on the Church Property as well as the right-of-way to the southeasterly property line of the Church Property, one-half street in width, as described in Paragraph K of the Statement of Facts and as recited in the letter agreement attached hereto as Exhibit "D" (hereinafter referred to as the "Paving Project" ) . B. It is hereby agreed that Car Care, Cushman, and Liston will be responsible for all costs , except the cost of materials, involved in the Paving Project including, but not limited to subcontractors, grading, and equipment. C. It is hereby agreed that Shiloh will personally supply the materials involved in the Paving Project. D. In order to ensure quality of craftmanship and the acceptability of the performance of its obligations, it is hereby agreed that Car Care, Cushman, and Liston will solicit, for the approval of Shiloh, a minimum of (2) estimates in connection with their obligations as outlined in paragraph B above. The estimates will include itemized composite cost breakdowns as well as descriptions of the design and dimensions of the Paving Project. E. It is hereby agreed that, whenever possible, any equipment required to be rented or leased in connection with the Paving Project be so rented or leased from Baker Tool and Equipment, a reputable local business . F. It is hereby agreed that the Paving Project will be completed no later than 120 days following the execution of this Agreement. 10. MISCELLANEOUS A. If any party to this Agreement or any assignee of Page 11 of 14 Pages any party hereunder shall bring any action at law or in equity to enforce or interpret the provisions hereunder, the prevailing party shall be entitled to recover actual attorney' s fees and all costs and expenses in connection with the action in addition to all other relief to which the prevailing party may be entitled. B. This Agreement or any other agreements referred to herein shall be construed and enforced in accordance with the laws of the State of California. C. Any action at law, suit in equity or judicial proceeding for the interpretation or enforcement of this Agreement or any other agreements referred to herein or any provision of this Agreement or any other agreements referred to herein shall be instituted only in the courts of the County of Ventura, State of California. D. This Agreement and any other agreements referred to herein shall be binding upon and inure to the benefit of the heirs, executors, successors, and assigns of the respective parties hereto. E. Each party hereto will execute and deliver any and all documents and perform any and all acts and things necessary, appropriate, convenient, or helpful to effectuate or further evidence the terms of this Agreement. F. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and will not affect the construction or interpretation of any of its provisions . G. If any part of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of this Agreement will remain in full force and effect. H. No waiver of any of the provisions of this Agreement will be deemed or will constitute a waiver of any other provision, whether or not similar, nor shall any waiver Page 12 of 14 Pages constitute a continuing waiver. I . This Agreement will be construed to have been jointly drafted by the parties hereto, and any uncertainty will not be construed more strongly against any party hereto. J. Time is of the essence for the performance of each and every covenant and the satisfaction of each and every condition contained in this Agreement. K. This Agreement contains the entire agreement between the parties hereto with respect to the matters referred to herein. No other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein will be deemed to in any way exist or bind any of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Compromise Settlement Agreement as of the dates below. Dated: , 19 AMERICAN BAPTIST CHURCHES OF THE PACIFICUTHWE T By: By: Dated: , 19 SHILOH COMMUNITY CHURCH OF MOORPARK By: Errol Hale By: Corby Schmautz Page 13 of 14 Pages Dated: , 19 MOORPARK CAR CARE INC. AKA MOORPARK CAR WASH By: Thomas Cushman Title: President By: Leonard Liston Title: Vice President Dated: , 19 Thomas Cushman Dated: , 19 Leonard Liston Page 14 of 14 Pages June 3 , 1991 City of Moorpark Director of Community Planning 799 Moorpark Moorpark , California 93021 SUBJECT: MOORPARK CAR WASH, 75 PARK LANE, MOORPARK, CALIFORNIA Gentlemen: As stipulated by the City of Moorpark in regard to the request for modification by Moorpark Car Care , Inc. , the following conditions relating to the adjacent property, Shiloh Community Church , 123 Park Lane, have been completed . The property line separation wall between the subject property (75 Park Lane) and the Shiloh Community Church property (123 Park Lane) has been extended to a height of eight feet to the extent indicated on the approved landscape plan . The landscape planter was constructed on the Shiloh Community Church property adjacent to the property separation wall . The planter is approximately four feet wide and 64 feet in length and contains seven 24" box trees . The trees are an evergreen ficus species . The planter is outlined with railroad ties , which match the existing planters on the property. All landscaping installed within the planter is within strict compliance with the approved landscape plan. The undersigned property owners of 75 Park Lane agree to main- tain the planter and enclosed landscaping of trees as long as access for said maintenance is granted by the owner of the Shiloh Community Church property. If such access is not attained, or is denied in the future , the maintenance of the planter and land- scaping will become the responsibility of the property owners of 123 Park Lane, Moorpark, California . June 3 , 1991 Page 2 This letter shall serve as our agreement to maintain said land- scaping upon the acquisition of a maintenance access easement from the undersigned owners of 123 Park Lane . IN WITNESS WHEREOF, the undersigned have executed this agreement as of the dates below. Dated: , 1991 AMERICAN BAPTIST CHURCHES OF THE PACIFIC SOUTHWEST By: By: Dated : , 1991 SHILOH COMMUNITY CHURCH OF MOORPARK By: Errol Hale By: /C Corby Schmautz Dated: �/ / , 1991 MOORPARK CAR CARE, INC . Thomas Cushman Title: President B y: Leonard Liston Title: Vice President