HomeMy WebLinkAboutAGENDA REPORT 2001 0801 CC REG ITEM 10FTO:
FROM:
DATE:
SUBJECT:
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
Steven Kueny, City Manager
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ITEM F •
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AC -ION
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July 26, 2001 (CC Meeting of August 1, 2001)
Consider First Amendment to Settlement Agreement among
City of Moorpark, Toll CA GP Corp., and Toll CA, L.P.
BACKGROUND:
On June 20, 2001, the City Council approved a Settlement
Agreement with Toll pertaining to the payment of Quimby (park in
lieu) fees. Since that time, other matters of disagreement have
surfaced and can be resolved. The proposed First Amendment to the
Settlement Agreement will resolve the matters of disagreement.
DISCUSSION:
Toll has requested the reduction of nine holes in the two 18 -hole
courses required as part of its development project. This is the
subject of Minor Modification No. 2 scheduled to be addressed by
the Council on August 1, 2001. Toll has offered to share the
construction cost savings with the City.
There are also issues with the calculation of fees for the Casey
Road /Gabbert Road Area of Contribution (AOC) fees, an easement
needed for an access road to proposed water tanks to service the
proposed adjacent West Pointe development, and improvements for
the trail staging area.
In addition, two items from the Development Agreement pertaining
to the golf clubhouse and availability of the golf course to the
public and for City use are included so that it is clear the
developer's obligation extends beyond the termination of the
Development Agreement. The item about discounted rates and number
of hours per week for City use is clarified to include
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The Honorable City Council
Re: Consider First Amendment to Settlement Agreement
Page 2
July 26, 2001 (CC Meeting of August 1, 2001)
interscholastic sports programs as well as recreational and
educational programs.
STAFF RECOMMENDATION:
Approve First Amendment subject to final language approval of
City Attorney and City Manager and authorize the Mayor to sign on
behalf of the City.
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Attachment: Proposed First Amendment to Settlement Agreement
CoGlika a
FIRST AMENDMENT TO SETTLEMENT AGREEMENT
This First Amendment to Settlement Agreement (First
Amendment) is made and entered into as of the day of
August 2001 by and among the CITY OF MOORPARK, a general
law city (City) and TOLL CA GP CORP., a California
corporation, and TOLL CA, L.P., a California limited
partnership (collectively Toll), with reference to the
following facts and circumstances and is effective as of
the date set forth above. City and Toll may hereinafter be
referred to individually as "Party" and collectively as
"Parties."
RECITALS
A. On June 20, 2001, City and Toll executed that
certain Settlement Agreement pertaining to conditions of
approval for Vesting Tentative Tract 4928 within the City
of Moorpark.
B. Toll is in the process of satisfying conditions
of approval for Vesting Tentative Tract 4928, Residential
Planned Development (RPD) Permit No. 94 -01, and Conditional
Use Permit (CUP) No. 94 -01 and has requested consideration
of Minor Modification No. 3 pertaining to construction of
two golf courses with a reduction from 36 to 27 holes and
related layout of the adjacent residential lots and private
streets.
C. Disputes have arisen between the Parties under
the Settlement Agreement in the processing of the
aforementioned Minor Modification No. 3 and in the
calculation of the Casey Road /Gabbert Road Area of
Contribution (AOC) fees.
IN CONSIDERATION of the foregoing and the provisions
set forth herein, and for good and valuable consideration,
the receipt and sufficiency of which is hereby
acknowledged, the Parties to this First Amendment agree as
follows:
1. Toll agrees to pay City the amount of Five
Hundred Thousand Dollars ($500,000.00) within thirty (30)
days of City Council approval of a reduction in the number
of required holes on the two golf courses from 36 to 27.
Toll also agrees to pay City Two Hundred Fifty Thousand
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Dollars ($250,000.00) on or before May 1, 2003, or five (5)
days after City Council approval of the final maps for
phases 3 and 4 of Tract 4928, whichever occurs later. If
for any reason the final maps for phases 3 and 4 of Tract
4928 are not approved by the City Council on or before
April 26, 2004, Toll shall make this payment to the City on
or before May 1, 2004. City may use these monies for any
lawful purpose at its sole and unfettered discretion.
2. Toll agrees to pay City Six Hundred Thousand
Dollars ($600,000.00) in three payments as follows:
A. Two Hundred Twenty Thousand, Three Hundred
Dollars ($220,300.00). (Toll has already paid Four
Thousand, Six Hundred Eighty Dollars [$4,680.001);
B. Two Hundred Twenty -five Thousand Dollars
($225,000.00) on or before August 1, 2002; and
C. One Hundred Fifty Thousand Dollars
($150,000.00) on or before May 1, 2003, or five (5)
days after City Council approval of the final maps for
phases 3 and 4 of Tract 4928, whichever occurs later.
If for any reason the final maps for phases 3 and 4 of
Tract 4928 are not approved by the City Council on or
before April 26, 2004, Toll shall make the payment
referenced in C., above, on or before May 1, 2004.
These payments shall satisfy Toll's Casey
Road /Gabbert Road AOC obligation for the 216 residential
lots and the two golf courses. The City may use these
monies for any purpose related to the Casey Road /Gabbert
Road AOC or any other lawful purpose at its sole and
unfettered discretion. City agrees to accept these
payments as full satisfaction of Toll's obligation to pay
Casey Road /Gabbert Road AOC fees.
3. Toll shall irrevocably offer to dedicate to City
an easement across lot 218 of Tract 4928 for the purpose of
providing access to water tanks proposed for construction
by the County of Ventura Waterworks District (District).
City may assign this offer to the District.
4. Toll shall make improvements at its sole cost to
the trail staging area (Lot 217) to the satisfaction of the
Director of Community Development including but not limited
to the following: preparation of a site plan, grading,
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installation of decomposed granite in the area designated
for parking, water and electricity services, and
fencing /gates. Improvements shall be completed to the
satisfaction of the Director of Community Development by
October 1, 2002.
5. Both of the golf courses permitted by CUP No.
94 -1 shall be open to the public to play without the
requirement for membership during all hours of operation.
Twelve (12) hours in the afternoon (12:00 noon to sunset)
each week shall be available at discounted rates for City
and school recreational /educational /interscholastic sports
programs on both golf courses. Discounted rates shall be
offered to seniors and students residing in the City of
Moorpark. The discounted rates shall be determined by
Toll, and the eligible programs shall be determined by
City.
6. Toll shall cause the clubhouse and related
facilities permitted by CUP No. 94 -1 to be available to the
public for rent. City shall be granted one free rental,
except for Toll's out -of- pocket expenses, each year for a
City sponsored activity. The date and number of hours
shall be by mutual agreement.
7. Toll agrees that any payments pursuant to this
First Amendment shall be made without reservation, and Toll
expressly waives the right to payment of any such fees
under protest pursuant to California Government Code
Section 66020 and statutes amendatory or supplementary
thereto.
8. The Settlement Agreement as amended herein shall
remain in full force and effect in accordance with its
terms and conditions.
IN WITNESS WHEREOF, the undersigned each has executed
this First Amendment as of the date first above written.
CITY OF MOORPARK TOLL CA GP CORP.
By
By
Patrick Hunter, Mayor James W. Boyd, Vice President
California Region of Toll CA
GP Corp.
I
Attest:
TOLL CA, L.P.
By
James W. Boyd, Vice President
California Region of Toll CA
GP Corp., General Partner of
Toll CA L.P.
M: \City Share \City Manager \Everyone \Agreements\
Toll Brothers First Amendment 07 2001
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