HomeMy WebLinkAboutAGENDA REPORT 1996 0417 CC SPC ITEM 03B l/4-•7iI 1 I:A 411416141 a -d
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WAIVER OF RIGHT TO JUDICIAL REVIEW
This Waiver of Right to Judicial Review ( "Waiver") is made
this day of April, 1996, by and between the CITY OF
MOORPARK, a municipal corporation, ( "City") , on the one hand, and
BOLLINGER DEVELOPMENT INCORPORATED, a California corporation,
( "Bollinger") and MOORPARK COUNTRY CLUB INVESTORS, a California
limited partnership, ( "Moorpark Investors" ) , on the other hand,
with respect to the following facts :
A. City and Bollinger are contemplating entering into a
Development Agreement dated April , 1996 ( "Agreement") . The
defined terms in this Waiver shall have the same meanings as in
the Agreement.
B. City will not approve the development of the Property
on the terms set forth in the Agreement without assuring itself
that it will obtain the benefits contained in the Agreement.
C. The Agreement will not become effective until either
the current owners of the Property have agreed to be bound by the
terms of the Agreement or Bollinger or a substitute person has
taken title to the Property.
D. Bollinger is in escrow to purchase the Property.
City's approval of the Project will occur before the Agreement
will become effective .
E. City desires to retain the right to replan or rezone
the Property to return the Property to its current planning and
zoning designations if the Agreement does not become effective
within a reasonable time without having to litigate its right to
do so with Bollinger or Moorpark Investors .
Based on the foregoing, it is hereby agreed:
1 . City will not commence the process required for
replanning the Property to the current Rural Low (1 du/5 acres)
designation or rezoning the Property to the current Rural
Exclusive 5 Acres zone (collectively "redesignation of the
Property") for one hundred twenty (120) days after the date upon
which the Enabling Ordinance becomes effective pursuant to
Government Code Section 36937 in order to allow a reasonable
amount of time for the Agreement to become effective .
Thereafter, City may, if it determines in its sole discretion
that it is in its interest to do so, commence the redesignation
of the Property.
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2 . If City commences the redesignation of the Property,
Bollinger and Moorpark Investors shall have the right to appear
at any hearing held in connection with the redesignation of the
Property and to make their opposition to the redesignation of the
Property known.
3 . City will abandon the redesignation of the Property if
the Agreement becomes effective before the redesignation of the
Property has become final .
4 . Bollinger and Moorpark Investors hereby waive any
rights they might otherwise have to seek judicial review of
City' s actions in connection with the redesignation of the
Property, including, but not limited to, any cause of action for
inverse condemnation or to invalidate or set aside the
redesignation of the Property, if the Agreement has not become
effective before the redesignation of the Property has become
final .
5. This Waiver may be executed in one or more
counterparts, each of which shall be deemed an original .
Dated: April , 1996 CITY OF MOORPARK
By:
Paul W. Lawrason Jr.
Mayor
Dated: April , 1996 ATTEST
By:
Lillian E . Hare
City Clerk
Dated: April , 1996 BOLLINGER DEVELOPMENT INCORPORATED
By:
Paul A. Bollinger
President
Dated: April , 1996 MOORPARK COUNTRY CLUB INVESTORS
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By: Bollinger Development
Incorporated, General Partner
By:
Paul A. Bollinger
President
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