HomeMy WebLinkAboutAGENDA REPORT 1990 1219 CC REG ITEM 11D i i t ,a4)
MOORPARK eTEM I i. Cho
PAUL W. LAWRASON JR. °w STEVEN KUENY
Mayor o°° �
o� �'ORPARK. CALIFORNIA City Manager
BERNARDO M. PEREZ ; City Council Meeting CHERYL J. KANE
Mayor Pro Tern wa�ai,I`I„ of I.9 199_0 City Attorney
SCOTT MONTGOMERY t. . �� �q/ 11 PATRICK RICHARDS,A.I.C.P.
Councilmember o ; ACTION: /,(r7t,! .-
- , Director of
JOHN E. WOZNIAK oa ,^ / 9 9/ Community Development
Councilmember j`° "'y JOHN F. KNIPE
//
LILLIAN KELLERMAN - ity Engineer
City Clerk JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council �(
PROM: Steven Kueny, City Manager
DATE: December 14, 1990
SUBJECT: Consider Memorandum of Understanding with
Urban West Communities
Staff has previously recommended that an additional item be
added to ,the subject MOU to clarify timing of the proposed
vacation of Brookwood Drive relative to the other obligations
in the MOU.
Condition No. 37 of LDM 90-2 addresses this subject. As you
are aware, CPD 90-2 and Major Modification No. 3 to PC-3
assume vacation of Brookwood Drive.
Staff and UWC representatives still need to discuss this
matter. We will have additional information prior to the
meeting on December 19 .
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12144 .tem
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
MEMORANDUM OF UNDERSTANDING
The City of Moorpark (CITY) and UWC-Moorpark Investors, Ltd. (UWC) agree
to the following:
1. UWC will be responsible for the construction of a community use
building (Building) in Arroyo Vista Park to be as similar as
feasible to the Borchard Park Community Building, plans of which are
attached as Exhibit A. UWC will bear all project related costs up
to $1,000,000.
2. The project related costs of the building will include all costs
(both hard and soft) including construction, hardscape and
landscaping within five feet of the building footprint; water,
sewer, electric and telephone lines to the site; all required
consultant costs; permits; and a UWC project administration fee of
$75,000; i.e. 100% of project related costs. CITY reserves the
right to pay directly for all or part of any of the project related
costs.
3. The CITY and UWC will consult together to determine the
specifications of the Building in consideration of the limitati _.
project costs thereof. UWC agrees to use its best efforts to
construct the Building as similar to the Borchard Park Community
Building as possible within the total project costs of $1,000,000.
4. The CITY, at its cost, will be responsible for providing a certified
graded site in Arroyo Vista Park, ready for construction to allow
construction of the Building. The site will be at the western end
of the park, as generally shown on the Park Master Plan dated
February 1, 1989. The CITY is also responsible for any and all
environmental review for the Building. UWC and CITY will cooperate
in obtaining all necessary permits for construction and occupancy of
the Building.
5. The CITY, upon application and payment of fees by UWC, will
immediately commence the procedure necessary to amend PC-3 to delete
the community use designation for Area A, on Exhibit B, designate
the entirety of Area A for neighborhood commercial use, and find
that the construction of the community use building satisfies the
remaining PC-3 community use requirement. UWC will submit the
application within forty-five (45) days of CITY approval of this
Memorandum of Understanding..
6. The CITY desires to immediately proceed to contract for the services
of an architect to begin design modifications and working drawings
for the Building. UWC will cooperate with the CITY in the
negotiation of the contract, and UWC will supervise the architect.
The CITY will be responsible for all the contract expenses incurred
prior to the redesignation of Area A referred to in paragraph 5.
Memorandum of Understanding
City of Moorpark/UWC
Page 2
7. As soon as the redesignation of Area A referred to in paragraph 5
has become final, UWC will be responsible for completion of working
drawings and the remaining architectural costs, and thereafter
diligently pursue the construction of the Building. UWC's
obligation to construct the Building is deferred until CITY has
approved a commercial planned development permit (CPD) for a
neighborhood commercial project on the entirety of Area A.
8. UWC agrees to submit an application for a commercial planned
development permit for Area A within 120 calendar days of the CITY's
approval of this Memorandum of Understanding.
9. The CITY agrees that the use of Area B on Exhibit B as part of the
open space and private recreation area for the multi-family projects
contained within the PC-3 is allowed within the existing land use
category of the Specific Plan.
10. UWC will provide a landscape area along the street frontage of Area
B in conjunction with the improvement of Area B.
11. CITY and UWC agree that if for any reason the CPD permit is not
obtained within eighteen (18) months of the agreement of this
Memorandum of Understanding, that this Memorandum of Understanding
will become null and void, and that neither CITY or UWC will have
any further responsibilities under this Memorandum of Understanding,
except that UWC will be reimbursed for all out of pocket project
related expenses incurred prior to that date, and the CITY will
receive all work product prepared to date.
12. CITY retains the option, after approval of a CPD permit for the
entirety of Area A per paragraph 7. , above, to request payment of
$1,000,000 less all out of pocket project related expenses incurred
prior to that date. In the event of such request, the CITY will
receive all work product prepared to date and UWC will make payment
of the unexpended balance and provide an accounting of all -out of
pocket related expenses within thirty (30) calendar days of CITY's
written request to do so. If the CITY invokes this option, the CITY
shall be required to diligently pursue completion of the Building.
13. The Settlement Agreement dated July 14, 1988 will continue to remain
in full force and effect and is in no way modified by this
Agreement.
896169 MOORPARK, CALIFORNIA
City Council Meeting
of 1989
A TION: 7)9a/fr./vett .
BAr . _
•F
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
The City of Moorpark (City) and UWC-Moorpark Investors, LTD. (UWC)
hereby amend the Memorandum of Understanding approved by the City
Council on June 21, 1989 and accepted by UWC on July 13, 1989 (MOU)
as follows:
1. City agrees to either vacate its interest in Brookwood Drive
or reject the offer of dedication of Brookwood Drive,
whichever is appropriate. City shall finalize the vacation or
rejection within ninety (90) days after it becomes obligated
to do so pursuant to Point 2 below.
2. UWC agrees that the City shall have no obligation to finalize
the vacation or rejection until UWC has satisfied its
obligations pursuant to the MOU, which obligations shall be
satisfied in one of three manners, as selected by the City in
its sole discretion. Said three manners are: (1) payment of
$1, 000, 000 pursuant to Point 12 of the MOU; (2) issuance of
the occupancy permit for the Building constructed pursuant to
Point 1 of the MOU; or (3) execution of such other documents
that, to the satisfaction of the City, guarantee construction
of the building.
3. City agrees to select one of the three manners specified in
Point 2 above within thirty (30) days after receiving a
written request from UWC to do so.
UWC-Moorpark Investors, LTD. a
California limited partnership
By
Date
City of Moorpark
ATTEST: By
Paul W. Lawrason Jr. , Mayor
Date
Lillian Kellerman, City Clerk