HomeMy WebLinkAboutORD 454 2017 1004 ORDINANCE NO. 454
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT
NO. 2016-01 BY AND BETWEEN THE CITY OF
MOORPARK AND MOORPARK HOMES, LLC, MP GROUP,
LLC, AND CLP INVESTMENT, LLC FOR GENERAL PLAN
AMENDMENT NO. 2016-01, ZONE CHANGE NO. 2016-01,
RESIDENTIAL PLANNED DEVELOPMENT NO. 2016-01,
AND VESTING TENTATIVE TRACT MAP NO. 5882, A
RESIDENTIAL DEVELOPMENT PROJECT CONSISTING
OF 153 SINGLE-FAMILY HOMES AND 131 DETACHED
CONDOMINIUMS ON 38.73 ACRES ON THE SOUTH SIDE
OF LOS ANGELES AVENUE, WEST OF LETA YANCY
ROAD
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of that property; and
WHEREAS, on June 16, 1999, the City Council adopted Ordinance No. 257,
approving a Development Agreement by and between the City of Moorpark and MP
Group, LLC in association with RPD Permit No. 96-01 and Vesting Tentative Tract Map
No. 5053, for a 247-home development on 35 acres on the south side of Los Angeles
Avenue west of Liberty Bell Road (now Leta Yancy Road); and
WHEREAS, on October 18, 2000, the City Council adopted Resolution No. 2000-
1783, approving Tentative Tract Map No. 5204 and RPD No. 99-04 for a 37-home
project on approximately 5 acres west of Leta Yancy Road, expanding the original
project; and
WHEREAS, although the Development Agreement was executed by the
Developer and City, the project approved for the site by RPD Permit No. 96-1 and
Vesting Tentative Tract Map No. 5053 has not been constructed; and
WHEREAS, the owners of the land covered by the Development Agreement,
Moorpark Homes, LLC, MP Group, LLC, AND CLP Investment, LLC, have submitted
applications for General Plan Amendment No. 2016-01, Zone Change No. 2016-01,
Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882
and Development Agreement No. 2016-01 to seek approval of a revised project and a
revised Development Agreement with the City pursuant to Chapter 15.40 of the
Moorpark Municipal Code; and
WHEREAS, on May 18, 2016, the City Council adopted Resolution No. 2016-
3504, initiating proceedings for Development Agreement No. 2016-01 for the project
proposed in conjunction with General Plan Amendment No. 2016-01, Zone Change No.
2016-01, Residential Planned Development No. 2016-01 and Vesting Tentative Tract
Map No. 5882; and
Ordinance No. 454
Page 2
WHEREAS, after holding a duly noticed public hearing on August 22, 2017, the
Planning Commission adopted Resolution No. PC-2017-620 recommending to the City
Council approval of Development Agreement No. 2016-01 and the project proposed in
conjunction with General Plan Amendment No. 2016-01, Zone Change No. 2016-01,
Residential Planned Development No. 2016-01 and Vesting Tentative Tract Map No.
5882; and
WHEREAS, a duly noticed public hearing was conducted by the City Council on
September 20, 2017 to consider the Development Agreement and to accept public
testimony related thereto; and
WHEREAS, the City Council has considered all points of public testimony
relevant to the Development Agreement and has given careful consideration to the
content of the Development Agreement, and has reached a decision on the matter; and
WHEREAS, on September 20, 2017, the City Council adopted Resolution No.
2017-3626, adopting the Mitigated Negative Declaration prepared on behalf of the
project proposed in conjunction with General Plan Amendment No. 2016-01, Zone
Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative
Tract Map No. 5882, and Development Agreement No. 2016-01.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 257 is hereby rescinded and the Development
Agreement executed thereunder is hereby terminated by mutual consent of the City and
Developer.
SECTION 2. The City Council of the City of Moorpark does hereby find as
follows:
A. The Development Agreement attached hereto and incorporated herein
(Exhibit A) is consistent with the General Plan as most recently amended
in that the project is consistent with the planned use and density of the
General Plan Land Use Element and helps achieve the goals of the
Housing Element and is consistent with the goals and policies of all other
elements. There is no applicable Specific Plan for the area covered by the
Development Agreement.
B. The Development Agreement and the assurances that said agreement
places upon the project are consistent with the provisions of Chapter
15.40 of the Moorpark Municipal Code because the Development
Agreement contains the elements required by Section 15.40.030, has
been reviewed and recommended by the Planning Commission following
Ordinance No. 454
Page 3
a noticed public hearing and otherwise contains the required contents and
has been processed as required by law.
SECTION 3. The City Council hereby adopts the Development Agreement
attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a
municipal corporation, and Moorpark Homes, LLC, MP Group, LLC, AND CLP
Investment, LLC, and the City Clerk is hereby directed to cause one copy of the signed,
adopted agreement to be recorded with the County Recorder no later than ten (10) days
after the City enters into the development agreement pursuant to the requirements of
Government Code Section 65868.5.
SECTION 4. Upon the effective date of this ordinance, the Community
Development Director shall cause the property that is the subject of the Development
Agreement to be identified on the Zoning Map of the City by the designation "DA"
followed by the dates of the term of said Agreement.
SECTION 5. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 6. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 4th day of October, 2017.
- ice S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk ( �''`: `"
rel,:
EXHIBIT A - Development Agreement v�'
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Ordinance No. 454
Page 4
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK
AND
MP GROUP, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
Ordinance No. 454
Page 5
DEVELOPMENT AGREEMENT
This Development Agreement the ("Agreement") is made and entered into on
, 2017 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as "City") and MP Group, LLC. a California limited
liability company ("MP Group"). MOORPARK HOMES, LLC. a California limited liability
company ("Moorpark Homes") and CLP INVESTMENT, LLC. a California limited liability
company ("CLP"), the owners of real property within the City of Moorpark generally
referred to as Residential Planned Development Permit 2016-01 (referred to hereinafter
collectively as "Developer"). City and Developer are referred to hereinafter collectively
as a "Party" and collectively as the "Parties." In consideration of the mutual covenants
and agreements contained in this Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the
Parties:
1.1 Pursuant to Government Code Section 65864 et seq. and Moorpark
Municipal Code Chapter 15.40, City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable interest
in real property within its boundaries for the development of such property
in order to establish certainty in the development process.
1.2 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 ("Parcel 1") in the legal description set
forth in Exhibit "A" which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 ("Parcel 2") in
Exhibit "A". CLP is the owner in fee simple of certain real property in the
City of Moorpark identified as Parcel 3 ("Parcel 3") in Exhibit "A" and that
certain real property referred to herein as the "City Site" and more
particularly described in Exhibit "B" attached hereto and incorporated by
reference. Parcels 1, 2, and 3 are referred to hereinafter collectively as
the "Property".
1.3 Prior to, and in connection with, the approval of this Agreement, the City
Council reviewed the project to be developed pursuant to this Agreement
as required by the California Environmental Quality Act ("CEQA.") On
September 20, 2017, the City Council adopted Resolution No. 2017-3626,
adopting the Mitigated Negative Declaration ("MND") and Mitigation
Monitoring and Reporting Program the ("MMRP") prepared for this
Agreement and the Project Approvals as defined in Subsection 1.4 of this
Agreement.
1.4 General Plan Amendment No. 2016-01 ("GPA"), Zone Change No. 2016-
01 ("ZC"), Residential Planned Development Permit No. 2016-01 ("RPD"),
and Vesting Tentative Tract Map No. 5882 ("VTTM") including all
Ordinance No. 454
Page 6
subsequently approved modifications and permit adjustments to the RPD,
VTTM, and all amendments thereto (collectively "the Project Approvals";
individually "a Project Approval") provide for the development of the
Property with 284 homes consisting of 154 small-lot detached homes and
130 detached condominium ownership homes and the construction of
certain off-site improvements in connection therewith ("the Project").
1.5 City and Developer acknowledge and agree that the previous
Development Agreement No. 1998-02 for the Property, approved by the
City Council on December 2, 1998 by Ordinance No. 257, needs to be
voided so a new Development Agreement reflecting the Project can be
adopted and implemented. City and Developer also acknowledge and
agree that by the enabling ordinance approving this new Agreement, the
City's previous approval of Development Agreement No. 1998-02
pursuant to Ordinance No. 257 is rescinded and that rescission will take
effect upon the date the enabling ordinance for this Agreement under
Government Code Section 36937 ("Enabling Ordinance") becomes
effective ("Operative Date").
1.6 City and Developer acknowledge and agree that the approval of
Residential Planned Development Permit Nos. 1996-01 and 1999-04 for
the Property, approved by City Council Resolution Nos. 99-1621 and
2000-1783, expired due to lack of Project inauguration by Developer.
1.7 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its governmental and proprietary
powers to the extent specified in this Agreement.
1.8 By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the
Project Approvals and this Agreement. In consideration thereof,
Developer agrees to waive its rights to legally challenge the limitations and
conditions imposed upon the development of the Property pursuant to the
Project Approvals and this Agreement and to provide the public benefits
and improvements specified in this Agreement.
1.9 City and Developer acknowledge and agree that the consideration that is
to be exchanged pursuant to this Agreement is fair, just and reasonable
and that this Agreement is consistent with the General Plan of City, as
currently amended.
1.10 On August 22, 2017, the Planning Commission commenced a duly noticed
public hearing on this Agreement, and at the conclusion of the hearing on
August 22, 2017 recommended approval of this Agreement.
Ordinance No. 454
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1.11 On September 20, 2017, the City Council of City ("City Council")
commenced a duly noticed public hearing on this Agreement, and
following the conclusion of the hearing closed the hearing and approved
the Agreement by adoption of Ordinance No. 454 ("the Enabling
Ordinance") on , 2017.
2. Property Subject To This Agreement. All of the Property shall be subject to this
Agreement. The Property may also be referred to hereinafter as "the site".
3. Binding Effect. The burdens of this Agreement are binding upon, and the
benefits of the Agreement inure to, each Party and each successive successor in
interest thereto (subject to Subsection 3.2 below) and constitute covenants that
run with the Property. Whenever the terms "City" and "Developer" are used
herein, such terms shall include every successive successor in interest thereto.
3.1 Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property shall be
conclusively deemed to have consented and agreed to be bound by this
Agreement, whether or not any reference to the Agreement is contained in
the instrument by which such person acquired such right, title or interest,
subject to Subsection 3.2 below.
3.2 Release Upon Subsequent Transfer. Upon the conveyance of
Developer's interest in the Property or any portion thereof by Developer or
its successor(s) in interest, the transferor shall be released from its
obligations hereunder with respect to the portion of Property conveyed as
of the effective date of the conveyance, provided that the transferee
expressly assumes all obligations of the transferred portion of the Property
and a copy of the executed assignment and assumption agreement is
delivered to the City prior to the conveyance. Failure to provide a written
assumption agreement hereunder shall not negate, modify or otherwise
affect the liability of the transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City discretion to approve or
deny any such conveyance, except as provided in Subsection 6.13 of this
Agreement with respect to the sale of completed "affordable units" (as
defined in that subsection) to qualified buyers. Notwithstanding the
foregoing, this Agreement shall not be binding upon the transferee of a
Completed Unit with respect to the transferee's interest in such Completed
Unit, and the rights and obligations of Developer under this Agreement
shall not run with the portion of the Property that is conveyed with the
Completed Unit after such conveyance of the Completed Unit by
Developer or its successor in interest. For purposes of this Agreement,
"Completed Unit" means a completed residential unit within the Property
for which the City has issued a certificate of occupancy.
4. Development of the Property. The following provisions shall govern the
subdivision, development and use of the Property.
Ordinance No. 454
Page 8
4.1 Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project Approvals
and this Agreement.
4.2 Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum height
and size of buildings, that shall be applicable to the Property are set forth
in the Project Approvals and this Agreement.
4.3 Building Standards. All construction on the Property shall adhere to all
City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any federal
or state building requirements that are then in effect (collectively "the
Building Codes").
4.4 Reservations and Dedications. All reservations and dedications of land for
public purposes that are applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1 Vested Right to Develop; Timing of Development. Developer and its
successors in interest shall have the vested right to develop the Property
in accordance with the terms and provisions of the Project Approvals and
this Agreement. The Parties intend that this Agreement, together with the
Project Approvals, shall serve as the controlling document for all
subsequent actions, discretionary and ministerial, relating to the
development and occupancy of the Property, including, without limitation,
all Subsequent Approvals (as defined below). Developer shall have the
right, without obligation, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its
subjective business judgment.
No future amendment of any existing City ordinance or resolution, or
future adoption of any ordinance, resolution or other action, that purports
to limit the rate or timing of development over time or alter the sequencing
of development phases, whether adopted or imposed by the City Council
or through the initiative or referendum process, shall apply to the Property
provided the Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this subsection shall be
construed to limit City's right to ensure that Developer timely provides all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement.
5.2 Amendment of Project Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through
Ordinance No. 454
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the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the amendment.
5.3 Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps
(e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to the
Project, lot line adjustments, preliminary and final planned development
permits, use permits, design review approvals (e.g. site plans,
architectural plans and landscaping plans), encroachment permits, and
sewer and water connections that are necessary to or desirable for the
development of the Project (collectively "the Subsequent Approvals";
individually "a Subsequent Approval") shall be consistent with the Project
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or
approved by the City Council or through the initiative or referendum
process and in effect at the time that the application for the Subsequent
Approval is deemed complete by City (collectively "City Laws"), except
City Laws that:
(a) change any permitted or conditionally permitted uses of the
Property from what is allowed by the Project Approvals;
(b) limit or reduce the density or intensity of the Project, or any part
thereof, or otherwise require any reduction in the number of
proposed buildings or other improvements from what is allowed by
the Project Approvals;
(c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the
Project in any manner, provided that all infrastructure required by
the Project Approvals to serve the portion of the Property covered
by the Subsequent Approval is in place or is scheduled to be in
place prior to completion of construction;
(d) are not uniformly applied on a Citywide basis to all substantially
similar types of development projects or to all properties with similar
land use designations;
(e) control residential rents;
Ordinance No. 454
Page 10
(f) prohibit or regulate development on slopes with grades greater than
20 percent, including without limitation Moorpark Municipal Code
Chapter 17.38 or any successor thereto, within the Property; or
(g) modify the land use from what is permitted by the City's General
Plan Land Use Element at the Operative Date of this Agreement or
that prohibits or restricts the establishment or expansion of urban
services including but not limited to community sewer systems to
the Project.
5.4 Modification of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this section, to apply to City for
modifications to Project Approvals and Subsequent Approvals. The
approval or conditional approval of any such modification shall not require
an amendment to this Agreement, provided that, in addition to any other
findings that may be required in order to approve or conditionally approve
the modification, a finding is made that the modification is consistent with
this Agreement and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals.
5.5 Issuance of Building Permits. No Building Permit shall be unreasonably
withheld or delayed from Developer if Developer is in compliance with this
Agreement and the Project Approvals and Subsequent Approvals. In
addition, no Final Building Permit final inspection or Certificate of
Occupancy will be unreasonably withheld or delayed from Developer if all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement to serve the portion of the Property covered by the
Final Building Permit is in place or is scheduled to be in place prior to
completion of construction, the Developer is in compliance with all
provisions of this Agreement, the Project Approvals and Subsequent
Approvals, and all of the other relevant provisions of the Project
Approvals, Subsequent Approvals and this Agreement have been
satisfied. Consistent with Subsection 5.1 of this Agreement, in no event
shall building permits be allocated on any annual numerical basis or on
any arbitrary allocation basis.
5.6 Moratorium on Development. Nothing in this Agreement shall prevent
City, whether by the City Council or through the initiative or referendum
process, from adopting or imposing a moratorium on the processing and
issuance of Subsequent Approvals and building permits and on the
finalizing of building permits by means of a final inspection or certificate of
occupancy, provided that the moratorium is adopted or imposed (i) on a
Citywide basis to all substantially similar types of development projects
and properties with similar land use designations and (ii) as a result of a
utility shortage or a reasonably foreseeable utility shortage including
Ordinance No. 454
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without limitation a shortage of water, sewer treatment capacity, electricity
or natural gas.
6. Developer Agreements.
6.1 Development as a Residential Prosect. Developer shall comply with (i) this
Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for
which it was the applicant or a successor in interest to the applicant and
(iv) the MMRP of the MND and any subsequent or supplemental
environmental actions. Developer agrees not to apply for any non-
residential uses on the Property. The clubhouse and private recreational
facilities are considered to be part of the residential uses.
6.2 Condition of Dedicated or Conveyed Property. All lands and interests in
land dedicated to City shall be free and clear of liens and encumbrances
other than easements or restrictions that do not preclude or interfere with
use of the land or interest for its intended purpose, as reasonably
determined by City.
6.3 Development Fee Per Unit. As a condition of the issuance of a building
permit for each residential dwelling unit within the Property, Developer
shall pay City a one-time development fee as described herein (the
"Development Fee"). The Development Fee may be expended by City in
its sole and unfettered discretion. The amount of the Development Fee
shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential
unit. The Development Fee shall be adjusted annually commencing
January 1, 2019, by the Consumer Price Index (CPI). The annual CPI
adjustment shall be determined by using the information provided by the
U.S. Department of Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles/Riverside/Orange County metropolitan
area during the prior year. The calculation shall be made using the month
of October over the prior October.
In the event there is a decrease in the referenced Index for any annual
indexing, the current amount of the fee shall remain until such time as the
next subsequent annual indexing which results in an increase.
6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for
each residential dwelling unit within the boundaries of the Property,
Developer shall pay City a one-time traffic mitigation fee as described
herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. The amount of the
Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars
($12,500.00) per residential unit. The Citywide Traffic Fee shall be
adjusted annually commencing January 1, 2019 and annually thereafter
by the change in the Caltrans Highway Bid Price Index (Bid Price Index)
for Selected California Construction Items for the twelve (12) month period
Ordinance No. 454
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available on December 31 of the preceding year ("annual indexing"). In the
event there is a decrease in the Bid Price Index for any annual indexing,
the current amount of the fee shall remain until such time as the next
subsequent annual indexing which results in an increase.
6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall
pay the LAAOC fee in effect at the time of building permit issuance for
each residential dwelling unit within the Property. Developer agrees it
shall not be required to pay the LAAOC fee for the first eighty-seven (87)
residential units in the project since Developer previously paid the LAAOC
fee for eighty-seven (87) residential units.
6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included
in the City Council approved MND and MMRP, or subsequent
environmental clearance document approved by the Council, set forth the
mitigation requirements for air quality impacts. Developer agrees to pay to
City a one-time air quality mitigation fee, as described herein ("Air Quality
Fee"), in satisfaction of the Transportation Demand Management Fund
mitigation requirement for the Project. The Air Quality Fee may be
expended by City in its sole discretion for reduction of regional air pollution
emissions and to mitigate residual Project air quality impacts.
The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars
($1,709.00) per residential dwelling unit within the Property to be paid prior
to the issuance of a building permit for each residential dwelling unit in the
Project. If the Air Quality Fee is not paid by January 1, 2019, then
commencing on January 1, 2019, and annually thereafter, the Air Quality
Fee shall be adjusted by any increase in the Consumer Price Index (CPI)
until all fees have been paid. The CPI increase shall be determined by
using the information provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation shall be made using the month of October over the prior
month of October. In the event there is a decrease in the CPI for any
annual indexing, the fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in an increase.
6.7 Park Fees. Prior to the issuance of the building permit for each residential
dwelling unit within the Property, Developer shall pay a one-time fee in lieu
of the dedication of parkland and related improvements ("Park Fee"). The
amount of the Park Fee shall be Ten Thousand Five Hundred Dollars
($10,500.00) for each residential dwelling unit within the Property. If the
Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted
annually commencing January 1, 2019 by the larger increase of a) or b) as
follows:
Ordinance No. 454
Page 13
(a) The change in the CPI. The change shall be determined by using
the information provided by the U.S. Department of Labor, Bureau
of Labor Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the
prior year. The calculation shall be made using the month of
October over the prior October; or
(b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index (Bid Price Index) for Selected California
Construction Items for the twelve (12) month period available on
December 31 of the preceding year (annual indexing).
In the event there is a decrease in both of the referenced Indices for any
annual indexing, the Park Fee shall remain at its then current amount until
such time as the next subsequent annual indexing which results in an
increase.
Developer agrees that the above-described payments shall be deemed to
satisfy the parkland dedication requirement set forth in California
Government Code Section 66477 et seq. for the Property.
6.8 Community Services Fee. As a condition of issuance of a building permit
for each residential dwelling unit within the boundaries of the Project,
Developer shall pay City a one-time community services fee as described
herein (Community Services Fee). The Community Services Fees may be
expended by City in its sole and unfettered discretion. The amount of the
Community Services Fees shall be Two Thousand Seven Hundred Dollars
($2,700.00) per residential dwelling unit. Commencing on January 1,
2019, and annually thereafter, the Community Services Fee shall be
adjusted by any increase in the Consumer Price Index (CPI) until all
Community Service Fee have been paid. The CPI increase shall be
determined by using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for All Urban Consumers within the Los
Angeles/Anaheim/Riverside metropolitan area during this prior year. The
calculation shall be made using the month of October over the prior month
of October or in the event there is a decrease in the CPI for any annual
indexing, the Community Service Fee shall remain at its then current
amount until such time as the next subsequent annual indexing which
results in an increase.
6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places
Fee (Art Fee) in effect at the time of building permit issuance for each
building prior to the issuance of the building permit for that residential
building within the Project consistent with City Resolution No. 2005-2408
or any Successor Resolution (1.0 percent of total building valuations
excluding land value and off-site improvement costs).
Ordinance No. 454
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6.10 Other Development and Processing Fees. In addition to fees specifically
mentioned in this Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said fees include but are
not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, drainage, entitlement processing fees, and plan check and permit
fees for buildings and public improvements. Developer further agrees that
unless specifically exempted by this Agreement, it is subject to all fees
imposed by City at the Operative Date of this Agreement and such future
fees imposed as determined by City in its sole discretion so long as such
fees are imposed on projects similar to the Project or on property similar to
the Property.
6.11 Processing Fees. On the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this
Agreement, the Project Approvals and the MND.
6.12 Landscape Maintenance Assessment District (LMD). Prior to issuance of
a Zoning Clearance for the first building permit or the approval of any final
map for the Project, Developer shall pay the City a Five Thousand Dollar
($5,000.00) LMD Formation Fee. The LMD shall be for the purposes of
funding future costs for the maintenance of landscaping and irrigation of
the landscaped area and related improvements including but not limited to
the exterior surface of the block walls and hardscape adjacent to Los
Angeles Avenue, Leta Yancy Road and the southern boundaries of the
Project. The City shall administer the annual renewal of the LMD, and any
costs related to such administration shall be charged to the fund
established for such LMD revenues and expenses. Developer agrees to
cast affirmative ballots for the establishment of the LMD, and for annual
increases in the assessments thereunder, for the purposes specified in
this subsection. Developer hereby waives any right it may have to contest
or protest any such assessments or assessment increases. In the event
that any such LMD has insufficient funds for its purposes, then Developer
shall pay the funds required for the LMD costs within five (5) business
days after written demand from the City.
Developer shall be responsible for all LMD costs until acceptance of the
Assessment District by the City. Developer acknowledges and agrees
that the LMD will not be accepted by City until after the final occupancy is
approved for the last residential dwelling unit in the Project and Developer
has made all required LMD improvements in a manner that are acceptable
to City's Parks and Recreation Director and Developer has provided City
with a deposit for the next subsequent twelve (12) months of LMD
maintenance costs.
Ordinance No. 454
Page 15
Prior to approval of the first final map for the Project, the City Council at its
sole discretion may determine that all or a part of the improvements
planned to be included in the LMD may instead be placed in the
Homeowners' Association for the Project.
6.13 Densities Allowed for Development and Affordable Housing.
(a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all densities
available as density bonuses and all incentives and concessions to
which Developer is entitled under the Moorpark Municipal Code,
Government Code Sections 65915 through 65917.5 or both;
Developer shall not be entitled to further density bonuses or
incentives or concessions and further agrees, in consideration for
the density bonus obtained through the Project Approvals that is
greater than would otherwise be available, to provide twenty-five
(25) housing units affordable to qualified low income households
(not to exceed 80% of median income adjusted for family size) and
the City Site as more specifically described in Subsection 6.14.
These twenty-five housing units may be referred to as affordable
units or units affordable to low income households.
(b) Developer explicitly acknowledges that its agreement to construct
these affordable units is given both as specific consideration for
both the density bonus and in general as consideration for City's
willingness to negotiate and enter into this Agreement and for the
valuable consideration given by City through this Agreement.
Developer further acknowledges that its agreement to construct
these affordable units is not the result of an existing policy or
regulation imposed by City but instead is the result of arm's length
negotiation between Parties.
(c) Developer further agrees that it shall provide the required number
of affordable housing units as specified above regardless of the
cost to acquire or construct said housing units. Developer further
agrees that City has no obligation to use eminent domain
proceedings to acquire any of the required affordable housing units
and that this Subsection 6.13 is specifically exempt from the
requirements of Subsection 7.2.
(d) Prior to recordation of the first Final Map for this Project, the parties
agree to execute an Affordable Housing Purchase and Sale
Agreement (Affordable Housing Agreement) that sets forth the
Developer's and City's obligations and provides procedures and
requirements to ensure that all of the required affordable housing
units are provided consistent with this Agreement and applicable
State laws and remains affordable for the longest feasible time.
Ordinance No. 454
Page 16
The Affordable Housing Agreement shall include but not be limited
to the following items: Initial Purchase Price, market value, buyer
eligibility, affordability and resale covenants and restrictions, equity
share and second trust deed provision, respective role of City and
Developer, the responsibility of providing the affordable units by
each developer in the event of successors and/or assigns to this
Agreement, quality of and responsibility for selection of amenities
and applicability of home warranties to meet all or a portion of its
obligation and any other items determined necessary by the City.
Developer shall pay the City's direct costs for preparation and
review of the Affordable Housing Agreement up to a maximum of
Ten Thousand Dollars ($10,000.00).
(e) All affordable units shall meet the criteria of all California Health
and Safety Code statutes and implementing regulations pertaining
to for-sale affordable housing units so as to qualify as newly
affordable to low income households and to satisfy a portion of the
City's RHNA obligation. The affordable units required by this
Agreement are consideration for City's entry into this Agreement
and therefor none of the affordable units shall duplicate or
substitute for the affordable housing requirement of any other
developer or development project. All subsequent approvals
required of City under this Subsection 6.13 shall be made at City's
sole discretion. If any conflict exists between this Agreement and
the Affordable Housing Agreement required by and negotiated
pursuant to this Agreement or the conditions of approval for Vesting
Tentative Tract Map No. 5882 and/or RPD No. 2016-01, then the
Affordable Housing Agreement shall prevail.
(f) In the event the monthly HOA fees exceed Two Hundred Dollars
($200.00), Developer shall deposit One Hundred Twenty Dollars
($120.00) for each dollar or portion thereof of the monthly HOA fees
that are in excess of Two Hundred Dollars ($200.00) into a City
administered trust account to assist with future HOA fees for each
affected affordable unit.
(g) The Affordable Sales Price for low-income buyers shall not exceed
affordable housing cost, as defined in Sec. 50052.5(b) (3) of
California Health and Safety Code. Section 50052.5(h) of the
California Health and Safety Code provides that an appropriate
household size in terms of determining purchase price, is one more
person than the number of bedrooms. This means that the pricing
for a four (4) bedroom unit will be based on a household of five (5)
regardless of the actual size of the household purchasing the unit.
For example, the monthly "affordable housing cost" for a four (4)
bedroom unit would be 30% times 70% of the current median
income for a household of five (5) in Ventura County, divided by
Ordinance No. 454
Page 17
twelve (12). This monthly amount includes the components
identified in Section 6920 of Title 25 of the California Code of
Regulation shown below (See Section 50052.5(c) of the Health and
Safety Code). The Affordable Sales Price for a low income
household would be for a four (4) bedroom unit under current
market conditions, based upon the following assumptions:
Low Income Buyer
Item Detail Amount
4 Bedroom
Affordable Sale $212,750
Price
Down Payment 5% of Affordable $10,638
Sales Price
Affordable Sales
Loan Amount Price less Down $202,113
payment
Interest Rate 4.50%
Monthly 1.25% of Initial $222
Property Tax Purchase Price
LMD Not Currently N/A
HOA _ $200
Fire Insurance $60
Maintenance $30
Utilities $180
(h) The assumptions associated with the above purchase price figures
for low income households include a 5% down payment, based on
Affordable Sales Price of Two Hundred Twelve Thousand Seven
Hundred Fifty Dollars ($212,750.00) for a four (4) bedroom unit,
mortgage interest rate of 4.50%, no mortgage insurance, property
tax rate of 1.25%, based on Affordable Sales Price, homeowners'
association dues of Two Hundred Dollars ($200.00) per month, fire
insurance of Sixty Dollars ($60.00) per month, maintenance costs
of Thirty Dollars ($30.00) per month, and utilities of One Hundred
Eighty Dollars ($180.00) per month for a four (4) bedroom unit.
(i) Developer acknowledges that changes in market conditions may
result in changes to the Affordable Sales Price, down payment
amounts, mortgage interest rates, and other factors for both low
income and very low income buyers. Furthermore, if "affordable
housing cost', as defined in Section 50052.5 of California Health
and Safety Code, should change in the future, the above guidelines
will be modified. The Affordable Housing Purchase and Sale
Agreement negotiated pursuant to this Agreement shall address
this potential change.
Ordinance No. 454
Page 18
Developer acknowledges that amounts listed in the "Low Income
Buyer" table in Subsection 6.13(g), above, are for illustration
purposes only and are subject to change.
(j) In the event the City, at its sole discretion purchases one or more of
the units from Developer in lieu of a qualified buyer, the Affordable
Sales Price shall be based on a household size appropriate to the
number of bedrooms in the unit being purchased by the City,
consistent with all requirements of this Subsection 6.13. Developer
agrees that, pursuant to City's rights under this Agreement and/or
the Affordable Housing Agreement and prior to and upon the sale
of a required unit to a qualified buyer (or City in lieu of a qualified
buyer as determined by City at its sole discretion), City may at its
sole discretion take any actions and impose any conditions on said
sale or subsequent sale of the unit to ensure ongoing affordability
to low income households and related matters. After the sale of a
housing unit by Developer to a qualified buyer (or City in lieu of a
qualified buyer as determined by City at its sole discretion), City,
not Developer, shall have sole responsibility for approving any
subsequent sale of that housing unit.
(k) Developer agrees that City shall be responsible at its sole
discretion for marketing the affordable units, selecting and
qualifying eligible buyers for these units, and overseeing the escrow
processes to sell the affordable units to low income households,
providing the forms of Deed of Trust, Promissory Note, Resale
Refinance Restriction Agreement and Option to Purchase Property
and Notice of Affordability Restriction on Transfer of Property
(collectively Affordability Documents) and all necessary contracts
and related documents to ensure that the referenced affordable
units remain occupied by low income households for the longest
feasible time. Developer further agrees that the difference between
the Affordable Sales Price (as referenced in this Agreement) paid
by a qualified buyer and the fair market value shall be retained by
City as a second deed of trust.
(I) Developer shall pay closing costs for each affordable unit, not to
exceed Eight Thousand Dollars ($8,000.00). Beginning January 1,
2019 and on January 1st for each year thereafter, the maximum
Eight Thousand Dollars ($8,000.00) to be paid for closing costs
shall be increased annually by any percentage increase in the
Consumer Price Index (CPI) for All Urban Consumers for Los
Angeles/Riverside/Orange County metropolitan area during the
prior year. The calculation shall be made using the month of
October over the month of October. In the event there is a
decrease in the CPI for any annual indexing, the closing costs for
each affordable unit shall remain at its then current amount until
Ordinance No. 454
Page 19
such time as the next subsequent annual indexing which results in
an increase. The referenced Developer funded closing costs shall
be for the benefit of qualified buyers (or City in lieu of qualified
buyers if one or more of the required units are purchased by the
City) in their acquisition of a unit from Developer not Developer's
acquisition of a unit from one or more third parties. The
Developer's escrow cost shall not exceed the then applicable
maximum amount per unit regardless of the number of escrows that
may be opened on a specific unit.
(m) Developer warrants that the quality of materials and construction
techniques of the affordable units sold to the qualified low income
buyer, or City shall in all manner be identical to that of all other
units constructed in this Project and subject to all Conditions of
Approval and shall meet all Building Codes.
(n) The City shall have the same choices of basic finish options as
purchasers of market rate units in this Project and final walk-
through approval of condition of unit before close of sale. Any
options provided to buyers of market rate units shall be provided to
City or buyer(s) of the affordable units, including but not limited to
color and style choices for carpeting and other floor coverings,
counter tops, roofing materials, exterior stucco and trim of any type,
fixtures, and other decorative items.
(o) Developer agrees that all warranties for the affordable units shall be
the same or better than those for the market rate units, all such
warranties shall inure to the benefit of and be enforceable by the
ultimate occupants of the affordable units and that all warranties by
subcontractors and suppliers shall inure to the benefit of and be
enforceable by such occupants. The home warranties for the
affordable units shall be the same duration as the warranties for the
market rate units and not less than the maximum time required by
State law.
(p) Developer agrees to provide the same amenities for the affordable
units (purchased by a low income buyer or City) as those amenities
that are provided for the market rate units. The amenities shall
include but not be limited to concrete roof tiles; air
conditioning/central heating; garage door opener; fireplaces;
washer/dryer hook-ups; garbage disposal; built-in dishwasher,
stove, oven and microwave; windows; wood cabinets; shelving;
counter-tops; floor coverings; window coverings; electrical outlets,
lighting fixtures and other electrical items; plumbing fixtures
including sinks, bathtubs and showers; and door and cabinet
hardware, and shall all be of the same quality and quantity as
provided in the Project's market rate units as determined by the
Ordinance No. 454
Page 20
City's Community Development Director and City staff person
responsible for City's Affordable Housing Programs.
(q) The floor plan and size of the units shall be approved by the
Community Development Director and City staff person responsible
for City's Affordable Housing Programs, and include a downstairs
bathroom.
(r) The parties agree that prior to and upon the sale of an affordable
unit to a qualified buyer or City, City may at its sole discretion take
any actions and impose any conditions on buyer eligibility and on
said sale or subsequent sale of the unit to ensure ongoing
affordability to low income households and related matters.
Developer agrees if it sells any of the affordable units directly to a
qualified low income buyer, all requirements of the buyer, including,
but not limited to, completion of a City approved homebuyer
education training workshop, and City approved documents for the
transaction, including a promissory note, deed of trust, and resale
restriction agreement and option to purchase (the "Affordability
Document"), shall be included as a requirement of the sale. The
language of all such documents shall be approved by City at its
sole discretion. City has sole discretion in selecting lenders,
escrow and title companies and real estate professionals to assist
with the sale of affordable units.
(s) In the event City is unable to provide a qualified buyer when one of
the low-income units has received final inspection approval,
Developer shall be allowed to continue to obtain building permits
and/or final inspection approval for the non-affordable units. Any
low-income units remaining unsold six (6) months after the final
inspection approval of the 280th unit will be purchased by the City,
as provided for in the Affordable Housing Agreement. Developer is
required to maintain low-income units in move-in condition until
such time as the City finds a buyer. For purposes of this schedule,
final inspection approval requires approval of the City's Building
Official and Community Development Director.
(t) Developer also agrees that subsidiaries, divisions or affiliates of
Developer may not be used to provide lending, escrow, title and
other services relevant to the purchase transactions for the
affordable units unless approved in writing by the City Council.
Cathay Bank is not considered an affiliate of Developer.
(u) If a qualified low income buyer is identified by City prior to or at the
time of final inspection approval of any of the affordable units,
Developer shall open escrow for the sale of said unit as provided
for in the Affordable Housing Agreement, and shall enter escrow
Ordinance No. 454
Page 21
directly with the buyer identified by City, and proceed to closing of
said escrow. If a qualified low income buyer has not been identified
at the time Developer receives the final inspection approval for an
affordable unit, City, at its option, may agree to purchase the
affordable unit required to be provided by Developer for the amount
and at the time as provided for in this agreement. In addition if a
qualified low income buyer has not been identified at the time
Developer receives the final inspection approval for an affordable
unit, Developer may continue to obtain building permits and final
inspection approvals for other residential units in the Project so long
as Developer is in full compliance with this Agreement, the
Affordable Housing Agreement, Subsequent Approvals and
requirements for obtaining building permits. Developer and City
agree to use their best efforts to complete the close of escrow
within forty-five (45) days of the final inspection approval of an
affordable unit.
(v) Developer shall satisfy all mechanic's, laborer's, material man's,
supplier's, or vendor's liens and any construction loan or other
financing affecting any unit or lot in the Project which has been
designated for an affordable unit, before the close of escrow for that
affordable unit.
(w) Developer agrees that the required construction of the low income
affordable units must receive final inspection approval by Developer
on terms consistent with this Agreement and the Affordable
Housing Agreement as specified in the following schedule:
Prior to # of Low
Occupancy of Income Units
60th Unit 6
120th Unit 7
170th Unit 4
220th Unit 6
270th Unit 2
Total 25
(x) The required affordable units within the Project shall be located on
unit (may also be referred to as pad or lot) numbers 2, 4, 6, 17, 20,
27, 39, 41, 43, 47, 54, 62, 78, 82, 84, 86, 95, 99, 102, 105, 109,
111, 113, 117, and 128 as shown on the approved Conceptual Site
Plan exhibit as part of RPD Permit No. 2016-01. The City Manager
or the City Manager's designee may approve different unit numbers
within the Project so long as the unit contains no less than 1,433
square feet.
Ordinance No. 454
Page 22
(y) Developer shall provide the initial buyer of each Completed Unit in
the Project a disclosure that the Project includes twenty-five (25)
residential dwelling units that will be sold to qualified low income
households. The disclosures shall also state that these twenty-five
(25) residential dwelling units have deed restrictions recorded on
their title that restrict the re-sale of these units only to qualified low
income buyers. The form and language of the disclosure shall be
approved by the City Attorney and Community Development
Director and shall conform to all requirements of the applicable
State agencies pertaining to real estate disclosures.
(z) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6.14 and
the Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars
($1,500,000.00) or the appraised fair market value of the City Site,
as defined in Subsection 6.14, whichever is less, in lieu of providing
seventeen (17) residential units for very low income households.
6.14 Conveyance to City of City Site.
(a) CLP agrees to convey to City for the purchase price of One Million
Five Hundred Thousand Dollars ($1,500,000.00) or the appraised
fair market value whichever is less, (the "Purchase Price") an
approximate 1.6 acre parcel of land more particularly described in
Exhibit "B" attached hereto and incorporated by reference (the "City
Site") in accordance with and subject to the terms of a Purchase
and Sale Agreement.
Developer at its sole cost shall provide a fair market value,
appraisal of the City Site. Developer may select the appraiser but
the scope of the work for the appraisal shall be submitted to City for
review and written approval by the City Manager or designee prior
to initiation of the appraisal work.
(b) CLP shall execute and deliver the Purchase and Sale Agreement
for the City Site prior to approval of the first final map for the Project
provided, however, that the Final Approval of the Project Approvals
and this Agreement shall be conditions precedent to the
effectiveness of the Purchase and Sale Agreement. The close of
escrow under the Purchase and Sale Agreement shall occur after
the City's final approval of all items required in 6.14(e), below. For
the purposes of this Agreement, "Final Approval" means when all of
the following have occurred: (i) the City shall have approved the
Project Approval and this Agreement; and (ii) the time periods for
filing any appeal from or legal challenge to the Project Approvals
Ordinance No. 454
Page 23
and this Agreement shall have expired without an appeal or legal
challenge (including, without limitation, any CEQA challenge)
having been filed; or, if an appeal or other legal challenge shall
have been filed, all such appeals or legal challenges shall have
been subsequently terminated with the approval of the Project
Approvals and this Agreement upheld, and the time period(s) for
filing any appeal(s) from the upheld decision(s) shall have expired
without further appeals having been filed.
(c) Upon its conveyance to the City, the City Site may be used for any
residential, institutional or public use at City's sole discretion.
(d) Developer hereby represents and warrants that: (i) the City Site will
be delivered free of all liens, and free of all other encumbrances
that could materially and adversely affect the use of the City Site for
the development or operation of low income housing; and (ii) to
Developer's knowledge, the City Site does not contain any
hazardous materials. The Purchase and Sale Agreement shall
contain representations by CLP consistent with the foregoing,
which will survive the closing under the Purchase and Sale
Agreement, and if not accurate in any material respect, shall
constitute a default by Developer under this Agreement.
(e) Developer at its sole cost shall cause the City Site Improvements to
be completed prior to the issuance of the first residential building
permit (excluding models) for the Project. For purposes of this
Agreement, the term "City Site Improvements" means the following:
1) sheet grading of the City Site to provide an approximate 2%
crossfall from north to south and all grading shall be in
compliance with all National Pollutant Discharge Elimination
System (NPDES) Best Management Practices and other
requirements;
2) obtain a Letter of Map Revision based on Fill (LOMR-F) for the
City Site and meet all Federal Emergency Management Agency
(FEMA) related requirements;
3) grading shall incorporate all requirements from a geotechnical
soils report including seismic and potential liquefaction issues
so that no over-excavation of the City Site will be needed when
one or more buildings are constructed on the City Site for the
planned multi-family residential project;
4) street improvements on Leta Yancy Road including curb, gutter,
sidewalk, street lights and water stubout;
Ordinance No. 454
Page 24
5) an eight foot (8') tan slumpstone block wall along the western
boundary of the City Site; in addition if determined necessary by
the City Engineer and Community Development Director a solid
tan slumpstone block wall or combination of tan slumpstone
block wall with pilasters and wrought iron along the southern
property line of the City Site; and
6) any slopes along the west and north boundaries of the City Site
that are created in the course of the Developer's City Site
Improvements shall be placed on the Property or eliminated by
use of retaining walls.
Notwithstanding any provision of the Agreement to the contrary, the
City Site Improvements shall not include and Developer shall not be
responsible for the installation or the cost to install any sewer or
storm drain facilities to serve City Site or for the payment of any
utility connection fees for the City Site.
All City Site Improvements shall be in compliance with all City
standards and policies and workmanlike manner to the satisfaction
of the City Engineer and Community Development Director.
Developer will defend, indemnify and hold City harmless from and
against any and all claims, liabilities, losses, damages, costs and
expenses arising from any activity by Developer or its contractors
on the City Site.
(f) Developer shall provide the initial buyer of each Completed Unit in
the Project a disclosure that the adjacent approximate 1.6 acre
parcel site (City Site) will be transferred to the City for the purpose
of building approximately a forty (40) unit multi-family residential
project for low and very low income households. The disclosure
shall also state that the City may at its sole and unfettered
discretion transfer the site to a third party to construct the
referenced forty (40) unit project. Developer shall also include a
requirement in the Covenants, Conditions and Restrictions
(CC&Rs) that at the time of any future sale of the Completed Unit
by the initial buyer and all subsequent sellers, such sellers are
obligated to disclose this same information to the buyer when they
sell the Completed Unit. The form and language of the disclosure
shall be approved by the City Attorney and Community
Development Director and shall conform to all requirements of the
applicable State agencies pertaining to real estate disclosures.
Within thirty (30) days of selling a Completed Unit, Developer shall
submit a fully executed copy of the disclosure form signed by the
initial buyer to the Community Development Director and City
Manager.
Ordinance No. 454
Page 25
Prior to issuance of the first building permit for a residential dwelling
unit in the Project, Developer shall post two (2) signs on the City
Site to inform the general public and potential buyers of the
Completed Units in the Project that the City Site as a multi-family
residential project for lower income households is planned. The
locations, size, material and wording of the signs shall be approved
by the City Attorney and Community Development Director.
Developer shall maintain the signs in good condition until thirty (30)
day after the sale of the last Completed Unit of the Project. The
City will become responsible for the signs thereafter.
6.15 Annual Review Procedures. Developer agrees to comply with Section
15.40.150 of the Moorpark Municipal Code and any provision amendatory
or supplementary thereto for annual review of this Agreement and further
agrees that the annual review shall include evaluation of its compliance
with the approved MND and MMRP.
6.16 Eminent Domain. Developer agrees that any election to acquire property
by eminent domain shall be at City's sole discretion, and only after
compliance with all legally required procedures including but not limited to
a hearing on a proposed resolution of necessity.
6.17 Street Improvement Standards. The street improvements for all streets
scheduled for dedication to the City shall be designed and constructed by
Developer to provide for a 50-year life as determined by the City Engineer.
6.18 Implementation Plan. Prior to the submittal of an application for any
subdivision, or any other development project or entitlement application,
Developer shall submit and gain approval from City Council a plan to
guarantee the Developer agreements contained in this Agreement and in
the conditions of approval for the VTTM and RPD. The plan shall address
the entities responsible and method and timing of guarantee for each
component of Developer's obligations and is subject to City approval at its
sole discretion.
6.19 Fee Protest Waiver. Developer agrees that any fees and payments
pursuant to this Agreement and for the Project shall be made without
reservation, and Developer 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. Developer
further agrees that the fees it has agreed to pay pursuant to Subsection
6.3, 6.4, 6.8 and Subsection 6.26 of this Agreement are not public
improvement fees collected pursuant to Government Code Section 66006
and statutes amendatory or supplementary thereto.
6.20 CPI Indexes. In the event the "CPI" referred to in Subsections 6.3, 6.6,
6.7, 6.8 and 6.14 (I), or the Bid Price Index referred to in Subsections 6.4,
Ordinance No. 454
Page 26
6.7 and 6.26 are discontinued or revised, a successor index with which the
"CPI" and or Bid Price Index are replaced shall be used in order to obtain
substantially the same result as would otherwise have been obtained if
either or both the "CPI" and Bid Price Index had not been discontinued or
revised.
6.21 Proposed Mello-Roos Community Facilities District. Developer agrees
that if a Mello-Roos Community Facilities District (CFD) is proposed to be
formed consistent with Subsection 7.3 of this Agreement, Developer shall
submit the required deposit and reimbursement agreement to fund all City
costs associated with the proposed CFD formation. Developer also
agrees that the City Council upon the conclusion of the public hearing
required by applicable law and in its sole and unfettered discretion may
abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project
Improvement Fund in excess of the amount required to fund authorized
costs, including any City and CFD consultant costs associated with the
redemption of bonds shall be applied to redeem a portion of the bonds,
consistent with applicable provisions of State and Federal laws and
regulations.
Developer also agrees that if a CFD is authorized, the CFD may include
on-going annual special taxes for services provided to the Project.
Developer agrees that it shall prepay all special taxes levied, or which may
be levied in the future (except special taxes for on-going services), as part
of the CFD or any successor or any additional CFD prior to the sale of any
of the affordable units to the City or qualified buyer. The intent of this
subsection is that the owners of the affordable units shall at no time have
any obligations to make any special tax payments to or for the benefit of
the CFD or its bondholders (except special taxes for services).
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the proceeds of the CFD
bonds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
The form and language of the disclosure shall be approved by the City
Attorney and Community Development Director and shall conform to all
requirements of the applicable State agencies pertaining to real estate
disclosure. Developer shall also include a requirement in the CC&Rs that
at the time of any future sale of the Completed Unit by the initial buyer and
all subsequent sellers, such sellers are obligated to disclose this same
information to the buyer when they sell the Completed Unit. Within thirty
Ordinance No. 454
Page 27
(30) days of selling a Completed Unit, Developer shall submit a fully
executed copy of the disclosure form signed by the initial buyer to the
Community Development Director and City Manager. In the event a CFD
is formed for the Project and prior to issuance of the first building permit
for a residential unit in the Project, Developer shall post a sign at each
public entrance (one on Los Angeles Avenue and one on Leta Yancy
Drive) to the Project, to inform the general public and potential buyers of
Completed Units in the Project that the Project is subject to a CFD for
special taxes. The locations, size and wording of the signs shall be
approved by the City Attorney and Community Development Director.
Developer shall maintain the signs in good condition until thirty (30) days
after the sale of the last Completed Unit for the Project at which time
Developer shall remove the signs.
6.22 Los Angeles Avenue Traffic Signal. If directed by the City Council and
approved by Caltrans, Developer agrees at it sole cost and expense to
install a traffic signal at the intersection of Los Angeles Avenue (SR118)
and Shasta Avenue/Project entrance. Final design, plans and
specifications shall be as approved by the City Council and Caltrans and
shall include an interconnect system. Developer shall also pay City's
actual costs for project management, plan check and inspection.
6.23 City Ability to Modify. Developer acknowledges the City's ability to modify
the development standards and to change the General Plan designation
and zoning of the Property upon the termination or expiration of this
Agreement (if the Project has not been built), and Developer hereby
waives any rights they might otherwise have to seek judicial review of
such City actions to change the development standards, General Plan
designation and zoning to those development standards and density of
permitted development to that in existence prior to the approval of GPA
2016-01 and ZC 2016-01.
6.24 Prior Development Agreement and Residential Planned Development
Permit. Developer agrees that by the Enabling Ordinance approving this
Agreement, the City's previous approval of Development Agreement No.
1998-02 Pursuant to Ordinance No. 257 is rescinded and that rescission
will take effect upon the Operative Date. Developer further agrees that the
approval of Residential Planned Development Permit Nos. 1996-01 and
1999-04 for the Property, approved by the City Council by Resolution Nos.
99-1621 and 2000-1783 have expired due to lack of Project inauguration
by Developer and that Developer will not seek final map approval for
Tentative Tract Map Nos. 5053 and 5204.
6.25 Homeowners Association. Prior to recordation of the first final map for the
Property, if required by City at its sole discretion, Developer shall form one
or more property owner associations to assume ownership and
maintenance of private recreation, private streets, parking lots, landscape
Ordinance No. 454
Page 28
areas, flood control and NPDES facilities and other amenities within the
Project. The obligation of said Homeowners Associations shall be more
specifically defined in the conditions of approval of the first tentative tract
or parcel map for the property.
6.26 Los Angeles Avenue Improvements. Developer agrees to pay City Two
Million Fifteen Thousand One Hundred Fourteen Dollars ($2,015,114.00)
to reimburse City for the cost of the improvements to Los Angeles Avenue
along the frontage of the Project less One Hundred Thousand Dollars
($100,000.00) previously paid by Developer to City for improvements to
Los Angeles Avenue. The net payment to City of One Million Nine
Hundred Fifteen Thousand One Hundred Fourteen Dollars
($1,915,114.00) shall be referred to as the Los Angeles Avenue
Reimbursement Payment which shall be paid in the amount of Six
Thousand Seven Hundred Forty-Four Dollars ($6,744.00), hereinafter
referred to as Reimbursement Fee, prior to the issuance of a building
permit for each residential dwelling unit in the Project.
The Reimbursement Fee shall be adjusted annually commencing January
1, 2019 and annually thereafter by the change in the Caltrans Highway Bid
Price Index (Bid Price Index) for Selected California Construction Items for
the twelve (12) month period available on December 31 of the preceding
year ("annual indexing") in the event there is a decrease in the Bid Price
Index for any annual indexing the current amount of the fee shall remain
until such time as the next subsequent annual indexing which results in an
increase.
Notwithstanding the foregoing provision of this Subsection 6.26, in the
event a CFD as described in Subsections 6.21 and 7.3 of this Agreement
is formed and bonds sold, Developer shall cooperate in good faith with the
City to facilitate payment of the Los Angeles Avenue Reimbursement
Payment from the proceeds of the CFD.
7. City Agreements.
7.1 Commitment of Resources. At Developer's expense, City shall commit
reasonable time and resources of City staff to work with Developer on the
processing of applications for Project Approvals and all Subsequent
Approvals and Building Permits for the Project area and if requested in
writing by Developer shall use overtime and independent contractors
whenever possible.
7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer
and limited to City's legal authority, City at its sole and absolute discretion
shall proceed to acquire, at Developer's sole cost and expense,
easements or fee title to land in which Developer does not have title or
interest in order to allow construction of public improvements required of
Ordinance No. 454
Page 29
Developer including any land which is outside City's legal boundaries.
The process shall generally follow Government Code Section 66462.5 et
seq. and shall include the obligation of Developer to enter into an
agreement with City, guaranteed by cash deposits and other security as
the City may require, to pay all City costs including but not limited to,
acquisition of the interest, attorney fees, appraisal fees, engineering fees,
City staff costs, and City overhead expenses of 15% on all out-of-pocket
costs.
7.3 Proposed Mello-Roos Community Facilities District. City agrees that upon
receipt of a landowner' petition by Developer and Developer's payment of
a deposit of fifteen thousand ($15,000.00) and agreement to reimburse all
City costs related to processing of the proposed Mello-Roos Community
Facilities District (CFD), as prescribed in the applicable sections of the
California Government Code, City shall commence proceedings to form
(CFD) and to incur bonded indebtedness to finance all or portions of the
development fees, public facilities, infrastructure and services that are
required by the Project and that may be provided pursuant to the Mello-
Roos Community Facilities Act of 1982 (the "ACT"); provided, however,
the City Council, in its sole and unfettered discretion, may abandon
establishment of the CFD upon the conclusion of the public hearing
required by the applicable section of the California Government Code. In
the event that a CFD is formed, the special tax levied against any
residential lot or residence thereon shall afford the buyer the option to
prepay the special tax (except for special taxes for on-going services) in
full prior to the close of escrow on the initial sale of the developed lot by
the builder of the residence. All on-going costs for City to administer the
CFD shall be included in the costs to be paid by the CFD.
If a CFD is formed and bonds sold, to the extent permitted by applicable
law as determined by bond counsel the Developer may be reimbursed for
costs advanced or paid by Developer for CFD formation and related
proceedings.
7.4 Concurrent Entitlement Processing. City agrees that whenever possible
as determined by City in its sole discretion to process concurrently all land
use entitlements for the Project so long as the application for such
entitlements are "deemed complete" in compliance with the requirements
of Chapter 4.5 Review and approval of Development Projects (Permit
Streamlining Act) of the California Government Code.
7.5 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of
this Agreement meets all of Developer's obligations under applicable law
for park land dedication.
7.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. City agrees
that Developer previously paid the LAAOC fee for eighty-seven (87)
Ordinance No. 454
Page 30
residential dwelling units in the amount of Two Hundred Forty-One
Thousand One Hundred Thirty-Five Dollars and Twenty-Nine Cents
($241,135.29) on August 3, 2001 and said payment satisfies the LAAOC
fee obligation for the first eighty-seven (87) residential units of the Project.
7.7 Reimbursements from other Developments. City shall facilitate the
reimbursement to Developer of any costs incurred by Developer that may
be subject to partial reimbursement from other developers as a condition
of approval of a tract map, development permit or development agreement
with one or more other developers and at City's discretion may include
provisions requiring such reimbursement to Developer for the same in
such other development project conditions of approval.
7.8 Early Grading Agreement. The City Manager is authorized to sign an
early grading agreement on behalf of the City to allow rough grading of the
Project prior to City Council approval of a final subdivision map. Said
early grading agreement shall be consistent with the conditions of the
Project approved tentative map and contingent on City Engineer and
Director of Community Development acceptance of a performance bond in
a form and amount satisfactory to them to guarantee implementation of
the erosion control plan and completion of the rough grading; construction
of on-site and off-site improvements consistent with the City Council
approved Project and Tentative Map. In the case of failure to comply with
the terms and conditions of the early grading agreement, the City Council
may by resolution declare the surety forfeited.
7.9 Acquisition by City of City Site. Provided Developer shall have duly
executed and delivered the Purchase and Sale Agreement to City, City
shall enter into the Purchase and Sale Agreement to acquire the City Site.
7.10 Prior Development Agreement and Residential Planned Development
Permit. City agrees that the previous Development Agreement No. 1998-
02 for the Property, approved by the City Council by Ordinance No. 257
are both rescinded upon the Operative Date of this Agreement. City
further agrees that the approval of Residential Planned Development
Permit No. 1996-01 and 1999-04 approved by the City Council have
expired due to lack of Project inauguration by Developer.
7.11 Affordable Housing. City agrees for purposes of Subsection 6.13(t) of this
Agreement that Cathay Bank is not considered an affiliate of Developer.
City at its sole discretion may select lenders, escrow, title and other
service providers for the sale of the affordable units in the Project.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
adopted by the City Council prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified or suspended to
Ordinance No. 454
Page 31
comply with such state or federal law or regulation, as reasonably determined
necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be
reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40.
of City or any successor thereof then in effect. The failure of City to conduct any
such annual review shall not, in any manner, constitute a breach of this
Agreement by City, diminish, impede, or abrogate the obligations of Developer
hereunder or render this Agreement invalid or void. At the same time as the
referenced annual review, City shall also review Developer's compliance with the
MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of "Excusable Delay",
as hereinafter defined, provided that the Party claiming the delay gives written
notice of the delay to the other Parties as soon as possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the
delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d)
strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f)
damage to work in progress by reason of fire, flood, earthquake or other
casualty; (g) failure, delay or inability of City or other local government entity to
provide adequate levels of public services, facilities or infrastructure to the
Property including, by way of example only, the lack of water to serve any portion
of the Property due to drought; (h) delay caused by a delay by other third party
entities which are required to approve plans or documents for Developer to
construct the Project, or restrictions imposed or mandated by such other third
party entities or governmental entities other than City, (including but not limited
to, Ventura County Watershed Protection District); or (i) litigation brought by a
third party attacking the validity of this Agreement, a Project Approval, a
Subsequent Approval or any other action necessary for development of the
Project.
11. Default Provisions.
11.1 Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
Ordinance No. 454
Page 32
(b) fails to make any payments required under this Agreement within
five (5) business days after City gives written notice to Developer
that the same is due and payable; or
(c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice
to Developer of such breach (or, if the breach is not able to be
cured within such thirty (30) day period, Developer fails to start to
cure the same within thirty (30) days after delivery of written notice
by City of such breach or fails to thereafter diligently prosecute the
cure to completion).
11.2 Default by City. City shall be in breach of this Agreement if it breaches
any of the provisions of this Agreement and fails to cure the breach within
thirty (30) days after Developer gives written notice to City of the breach
(or, if the breach is not able to be cured within such thirty (30) day period,
City fails to start to cure the same within thirty (30) days after delivery of
written notice from Developer of such breach or fails to thereafter diligently
prosecute the cure to completion).
11.3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement, the
nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. Every notice shall state the applicable period to cure.
The notices shall be given in accordance with Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope
of the Project. The Parties also acknowledge that it would not be feasible
of possible to restore the Property to its natural condition once
implementation of the Agreement has begun. Therefore, the Parties
agree that the remedies for breach of this Agreement shall be limited to
the remedies expressly set forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/or specific performance.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6.13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Ordinance No. 454
Page 33
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
12. Mortgage Protection.
12.1 Discretion to Encumber. The Parties hereto agree that this Agreement
shall not prevent or limit Developer, in any manner, at Developer's sole
discretion, from encumbering the Property or any portion thereof or any
improvements thereon then owned by such person with any mortgage,
deed of trust or other security device ("Mortgage") securing financing with
respect to the Property or such portion. Any mortgagee or trust deed
beneficiary of the Property or any portion thereof or any improvements
thereon and its successors and assigns ("Mortgagee") shall be entitled to
the following rights and privileges.
12.2 Lender Requested Modification/Interpretation. City acknowledges that the
lenders providing financing to Developer for the Property may request
certain interpretations and modifications of this Agreement. City therefore
agrees upon request, from time to time, to meet with Developer and
representatives of such lenders to discuss in good faith any such request
for interpretation or modification. The City will not unreasonably withhold
its consent to any such requested interpretation or modification provided
such interpretation or modification is consistent with the intent and
purposes of this Agreement, provided, further, that any modifications of
this Agreement shall be subject to the provisions of this Agreement
pertaining to modifications and amendments.
12.3 Mortgage Protection. This Agreement shall be superior and senior to the
lien of any Mortgage. Notwithstanding the foregoing, no breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any
binding and effective against the Mortgagee and every owner of the
Property, or part thereof, whose title thereto is acquired by foreclosure,
trustee sale or otherwise; provided, however, Mortgagee and such owner
shall not be responsible for any matters that occurred prior to their
acquisition of the Property or such portion.
12.4 Written Notice of Default. If a non-monetary default is not cured by
Developer within thirty (30) days after written notice by City to Developer
or a monetary default is not cured with in five (5) days after written notice
by City to Developer, then each Mortgagee shall be entitled to received
written notice from City of the applicable default by Developer under this
Agreement provided the Mortgagee has delivered a written request to the
City for such notice and shall have provided its address for notices in
writing to the City. Each such Mortgagee shall have a further right, but not
the obligation, to cure such default for an additional period of thirty (30)
days after delivery of such notice of default by City to the Mortgagee. City
Ordinance No. 454
Page 34
shall not commence legal action against Developer by reason of
Developer's breach without allowing the Mortgagee to cure the same as
specified herein.
13. Estoppel Certificate. At any time and from time to time, Developer may deliver
written notice to City and City may deliver written notice to Developer requesting
that such Party certify in writing that, to the knowledge of the certifying Party, (i)
this Agreement is in full force and effect and a binding obligation of the Parties,
(ii) this Agreement has not been amended, or if amended, the identity of each
amendment, and (iii) the requesting Party is not in breach of this Agreement, or if
in breach, a description of each such breach. The Party receiving such a request
shall execute and return the certificate within ten (10) days following receipt of
the notice. City acknowledges that a certificate may be relied upon by
successors in interest to the Developer who requested the certificate and by
holders of record of deeds of trust on the portion of the Property in which that
Developer has a legal interest.
14. Administration of Agreement. Any consent or approval herein to be given by the
City may be given by the City Manager provided it is express and is in writing.
Any decision by City staff concerning the interpretation and administration of this
Agreement and development of the Property in accordance herewith may be
appealed by the Developer to the City Council, provided that any such appeal
shall be filed with the City Clerk of City within ten (10) days after the affected
Developer receives written notice of the staff decision. The City Council shall
render its decision to affirm, reverse or modify the staff decision within thirty (30)
days after the appeal was filed. The Developer shall not seek judicial review of
any staff decision without first having exhausted its remedies pursuant to this
section.
15. Amendment or Termination by Mutual Consent. In accordance with the
provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any
successor thereof then in effect, this Agreement may be amended or terminated,
in whole or in part, by mutual consent of City and the affected Developer.
15.1 Exemption for Amendments of Project Approvals. No amendment to a
Project Approval or Subsequent Approvals shall require an amendment to
this Agreement and any such amendment shall be deemed to be
incorporated into this Agreement at the time that the amendment becomes
effective, provided that the amendment is consistent with this Agreement
and does not alter the permitted uses, density, intensity, maximum height,
size of buildings or reservations and dedications as contained in the
Project Approvals or Subsequent Approvals.
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and agents
from and against any and all losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or resulting in any way
Ordinance No. 454
Page 35
from, Developer's performance pursuant to this Agreement including, but not
limited to, Developer's construction of the Project on the Property and
construction of improvements on the City Site and any injury sustained by any
person in connection with the construction or partial construction of buildings and
improvements on the Property and City Site.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or
Subsequent Approval or modifications thereto, or any other subsequent
entitlements for the project and including any related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. As described in Subsection 1.5 above, this Agreement shall
become operative on the Operative Date, being the date the Enabling Ordinance
becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty
(20) years commencing on the Operative Date or until one year after the
issuance of the final building permit for occupancy of the last unit of the Project
whichever occurs last, unless said term is amended or the Agreement is sooner
terminated as otherwise provided herein. Expiration of the term or earlier
termination of this Agreement shall not automatically affect any Project Approval
or Subsequent Approval or Building Permit or Final Building Permit that has been
granted or any right or obligation arising independently from such Project
Approval or Subsequent Approval or Building Permit or Final Building Permit.
Upon expiration of the term or earlier termination of this Agreement, the Parties
shall execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof,
to the extent permitted by applicable laws.
Notwithstanding the foregoing, the following shall survive the expiration or earlier
termination of this Agreement: (i) all obligations arising under this Agreement
prior to the expiration or earlier termination of this Agreement; and (ii) Subsection
6.23 of this Agreement.
20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or
upon the third (3rd) day after deposit in the United States mail, registered or
certified, postage prepaid, return receipt requested, to the Parties at the
addresses set forth in Exhibit "C" attached hereto and incorporated herein.
Ordinance No. 454
Page 36
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contain the entire agreement between the Parties regarding
the subject matter hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision, whether or not similar; nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
an agent of any of the other Parties in any respect. Nothing contained herein or
in any document executed in connection herewith shall be construed as creating
the relationship of partners, joint ventures or any other association of any kind or
nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties and their successors in interest. No other person shall
have any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any
amendment thereof shall be recorded with the County Recorder of the County of
Ventura by the City Clerk of City within the period required by Chapter 15.40 of
the Moorpark Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall execute
and deliver to the other all such other and further instruments and documents as
may be necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they
shall not constitute a part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be
found to be in conflict with any provision of the Purchase and Sale Agreement,
the Project Approvals or the Subsequent Approvals, the provision of this
Agreement shall prevail.
Ordinance No. 454
Page 37
29. Joint Preparation. This Agreement shall be deemed to have been prepared
jointly and equally by the Parties, and it shall not be construed against any Party
on the ground that the Party prepared the Agreement or caused it to be
prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Ventura, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related
to, or arising from, this Agreement shall be filed in the appropriate court having
jurisdiction in the County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
order or decree rendered in such action, suit or proceeding shall include an
award thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which constitute one and the
same instrument.
33. Authority to Execute. Developer warrants and represents that to its knowledge
as of the Operative Date and with respect to each entity that is defined as
Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute
and deliver this Agreement; (iii) by so executing this Agreement, Developer is
formally bound to the provisions of this Agreement; (iv) Developer's entering into
and performance of its obligations set forth in this Agreement do not violate any
provision of any other agreement to which Developer is bound; and (v) there is
no existing or threatened litigation or legal proceeding of which Developer is
aware that could prevent Developer from entering into or performing its
obligations set forth in this Agreement.
Ordinance No. 454
Page 38
IN WITNESS WHEREOF, the Parties have executed this Development
Agreement effective as of the Operative Date.
CITY OF MOORPARK
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
MP GROUP, LLC,
a California limited liability company
By: Pacific Housing, LLC, Manager
By:
Christine Chung, Manager
MOORPARK HOMES, LLC,
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By:
Nelson Chung, President
CLP INVESTMENT, LLC,
a California limited liability company
By:
Christine Chung, Manager
Ordinance No. 454
Page 39
Order Number: NHSC-5540106 (tc)
Page Number: 11
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Moorpark, County of Ventura, State of California, described as follows:
PARCEL 1: (APN: 506-0-030-255)
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, BEING ALSO
THE NORTHERLY LINE OF SAID LOT K, DISTANT ALONG SAID CENTERLINE WEST 1164.74 FEET FROM
THE NORTHEASTERLY CORNER OF SAID LOT K,THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN
BOOK 1230, PAGE 465 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE,
1ST: WEST 526.46 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LAND OF APOLONIO
R. CORONADO AND THE SOUTHERLY PROLONGATION THEREOF,
2ND: SOUTH 1278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K; THENCE ALONG THE
SOUTHEASTERLY AND SOUTHERLY LINE OF SAID LOT K BY THE FOLLOWING TWO COURSES,
3RD: NORTH 24° 00' EAST 571.36 FEET TO AN ANGLE POINT; THENCE,
4TH: EAST 294.07 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND OF APOLONIO R.
CORONADO; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND,
5TH: NORTH 756.55 FEET TO THE POINT OF BEGINNING.
EXCEPT THE INTEREST IN THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, AS
CONVEYED TO VENTURA COUNTY, BY DEED DATED APRIL 6, 1889, RECORDED IN BOOK 2.81 PAGE 190
OF DEEDS.
ALSO EXCEPT 50 PERCENT OF ALL OIL, GAS AND MINERAL RIGHTS, AS RESERVED BY APOLONIO R.
CORONADO, ET AL., IN DEED RECORDED DECEMBER 8, 1955 IN BOOK 1.3581 PAGE 53 3 OF OFFICIAL
RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
PARCEL 2: (APN: 506-0-030-205)
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273. OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET
First American Title
Ordinance No. 454
Page 40
Order Number: NHSC-5540106 (tc)
Page Number: 12
MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 05" WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
2ND: SOUTH 00° 02' 05" WEST 774.21 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT K;
THENCE,
3RD: NORTH 65° 57' 10" WEST 188.46 FEET ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT
THEREIN; THENCE,
4TH: NORTH 89° 57' 10" WEST 577.79 FEET, MORE OR LESS,TO THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER
29, 1954 IN BOOK 1239, PAGE 465 OF OFFICIAL RECORDS; THENCE,
5TH: NORTH 00° 02' 49" EAST 697.56 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS
ANGELES AVENUE; THENCE,
6TH: SOUTH 89° 57' 10" EAST ALONG SAID SOUTHERLY R/W, 749.79 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM, ONE-HALF OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW
THE SURFACE OF SAID LAND, AS RESERVED BY APOLONIO R. CORONADO AND LADISLADA T.
CORONADO, IN DEED RECORDED MAY 11, 1954 IN BOOK 2538, PAGE 353 OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
ALSO EXCEPT THE INTEREST IN SAID LAND EXCEPTED IN THE FOLLOWING DEEDS:
DEED FROM APOLONIO R. CORONADO AND LADISLADA CORONADO, HUSBAND AND WIFE, RECORDED
NOVEMBER 23, 1955 IN BOOK 13541 PAGE 450 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL
OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES.
DEED FROM NEIL A. MAHONY AND MARY L. MAHONY, HUSBAND AND WIFE, RECORDED APRIL 21, 1960
IN BOOK 18591 PAGE 78 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MINERAL
AND OTHER HYDROCARBON SUBSTANCES.
PARCEL 3: (APN: 506-0-030-180)
THAT PORTION OF SUBDIVISION "M" OF THE RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 3, PAGE 7 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SUBDIVISION "M", WITH
THE CENTERLINE OF THE STRIP OF LAND, 160 FEET WIDE, DESCRIBED IN THE EASEMENT FROM
LIBERTY BELL RANCH TO VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1392,
PAGE 391 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE,
1ST: NORTH 24° 00' EAST 471.37 FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT
THEREIN; THENCE CONTINUING ALONG A NORTHERLY LINE,
First American Title
Ordinance No. 454
Page 41
Order Number: NHSC-5540106 (tc)
Page Number: 13
2ND: EAST 409.22 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO NEIL
A. MAHONY AND MARY L. MAHONY, RECORDED IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID LAST MENTIONED DEED,
3RD: SOUTH 150.91 FEET TO THE CURVED CENTERLINE OF SAID STRIP OF LAND, A RADIAL LINE
BEARS NORTH 18° 14' 55" WEST; THENCE ALONG SAID CENTERLINE, BEING A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1,000 FEET,
4TH: WESTERLY 129.83 FEET THROUGH A CENTRAL ANGLE OF 7° 26' 20"; THENCE TANGENT TO SAID
CURVE,
5TH: SOUTH 64° 18' 45" WEST 533.33 FEET TO THE POINT OF BEGINNING.
PARCEL 4: (APN: 506-0-030-245)
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO 2000-12, AS EVIDENCED BY DOCUMENT
RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 2001-0. 01382.5 OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE
NORTHWESTERLY CORNER OF SAID LOT K; THENCE,
ALONG SAID CENTERLINE, EAST 306.62 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED
IN THE DEED TO ARTHUR BARON AND WIFE, RECORDED DECEMBER 8, 1953 IN BOOK 135.81 PAGE 533
OF OFFICIAL RECORDS; THENCE,
ALONG THE WEST LINE OF SAID LAND OF BARON, SOUTH 1,278.52 FEET TO THE SOUTHEASTERLY
LINE OF SAID LOT K, SHOWN ON SAID MAP AS "NORTH 24° EAST 11.32"; THENCE,
ALONG SAID SOUTHEASTERLY LINE, SOUTH 24° WEST 176.17 FEET TO THE SOUTHWESTERLY
TERMINUS OF SAID SOUTHEASTERLY LINE; THENCE,
ALONG THE SOUTHERLY LINE OF SAID LOT K, SHOWN ON SAID MAP AS "EAST 3.56", WEST 234.96
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT K; THENCE
ALONG THE WESTERLY LINE OF SAID LOT K, NORTH 1,439.46 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHEASTERLY
LINE OF THAT CERTAIN EASEMENT 160 FEET WIDE AS DESCRIBED IN THE DEED TO THE VENTURA
COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 30, 1956 IN BOOK 1392, PAGE 456 OF
OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, 60 FEET WIDE, AS
CONVEYED TO VENTURA COUNTY, AS A PUBLIC HIGHWAY, BY DEED DATED APRIL 6, 1889 RECORDED
IN BOOK 281 PAGE 190 OF DEEDS.
ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, AS DESCRIBED IN LOT LINE
ADJUSTMENT NOS. 2000-01 TO 2000-11, RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 01-
0013825 OF OFFICIAL RECORDS.
First American Title
Ordinance No. 454
Page 42
Order Number: NHSC-5540106 (tc)
Page Number: 14
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K, SAID POINT ALSO BEING THE
NORTHEASTER CORNER OF SAID BROWN-LIVINGSTON SUBDIVISION; THENCE,
ALONG THE WESTERLY LINE OF SAID LOT K, SAID LINE ALSO BEING THE EASTERLY LINE OF THE
BROWN-LIVINGSTON SUBDIVISION, SOUTH 00° 05 '00" EAST A DISTANCE OF 1,098.00 FEET TO THE
SOUTHEAST CORNER OF LOT 12, IN THE BROWN-LIVINGSTON SUBDIVISION TRACT, AS PER MAP
RECORDED IN BOOK 221 PAGE 87 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
ALONG SAID WESTERLY LINE OF SAID LOT K, SOUTH 00° 05' 00" EAST A DISTANCE OF 110.46 FEET
FROM THE SOUTHEAST CORNER OF SAID LOT 12; THENCE,
NORTH 64° 10' 37" EAST A DISTANCE OF 5.55 FEET TO A LINE PARALLEL WITH SAID WESTERLY LINE
OF LOT K; THENCE,
NORTH 00° 05' 00" WEST A DISTANCE OF 108.05 FEET; THENCE
SOUTH 89° 55' 00" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5: (APN: 506-0-050-525)
PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 19.99-022127.3 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK K 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, AT THE NORTHEASTERLY
CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 55" WEST 1018.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT K;
THENCE,
2ND: NORTH 65° 53' 39" WEST 16.43 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO THE TRUE
POINT OF BEGINNING,THENCE,
3RD: NORTH 65° 53' 39" WEST 437.78 FEET ALONG SAID SOUTHERLY LINE TO AN ANGEL POINT IN
THE SAID SOUTHERLY LINE OF LOT K; THENCE,
4TH: NORTH 00° 02' 05" EAST 442.21 FEET; THENCE,
5TH: SOUTH 89° 57' 10"EAST 384.38 FEET TO THE WESTERLY LINE OF DEED RECORDED MAY 4, 1993,
AS DOCUMENT NO. 93-079362 OF OFFICIAL RECORDS; THENCE,
6TH: SOUTH 01° 57' 54" EAST 14.55 FEET;THENCE,
First American Title
Ordinance No. 454
Page 43
Order Number: NHSC-5540106 (tc)
Page Number: 15
7TH: SOUTH 89° 57' 05"EAST 7.03 FEET; THENCE,
8TH: SOUTH 04° 31' 30" EAST 99.64 FEET; THENCE,
9TH: SOUTH 00° 02' 55" WEST 506.82 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY
APOLONIO R. CORONADO AND LEE N. CORONADO, IN DEED RECORDED AUGUST 3, 1954 IN BOOK
12191_PAGE 406 OF OFFICIAL RECORDS.
PARCEL 6: (APN: 506-0-050-515)
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1.999-02.21273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT K IN TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5� PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET
MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 05" WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
2ND: SOUTH 00° 02' 05" WEST 332.00 FEET; THENCE,
3RD: SOUTH 89° 57' 10" EAST 214.87 FEET; THENCE,
4TH: NORTH 00° 02' 55" EAST 332.00 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS
ANGELES AVENUE; THENCE,
5TH: NORTH 89° 57' 10" WEST 214.95 FEET ALONG SAID SOUTHERLY R/W LINE TO THE TRUE POINT
OF BEGINNING.
EXCEPT AN UNDIVIDED 1/2 INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY APOLONIO R.
CORONADO, A MARRIED MAN AND LEE R. CORONADO, A SINGLE MAN, IN DEED RECORDED AUGUST 3,
1954 IN BOOK 12191 PAGE 406 OF OFFICIAL RECORDS.
First American Title
Ordinance No. 454
Page 44
EXHIBIT "B"
LEGAL DESCRIPTION
within
LOT "K"
TRACT L, RANCHO SIMI
per
5 MR 5
That portion of Parcel "C" of that certain"Notice of Approval for Lot Line Adjustment"No.99-1,
in the City of Moorpark, County of Ventura, State of California, recorded as Document No. 1999-
0221273-00 of Official Records, being a portion of Lot "K", Tract "L", Rancho Simi as per map
filed in Book 5,Page 5 of Miscellaneous Records(Maps),All in the Office of the County Recorder
of said County more particularly described as follows:
BEGINNING at the southeast corner of said Parcel "C" being a point of intersection with the
south line of said Lot "K" and the west line of Leta Yancy Road (formerly Liberty Bell Road, 40
feet wide) as shown on the Map of Tract No. 4147 filed in Book 112, Page 7 of Miscellaneous
Records (Maps) of said County;
1St Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24 feet to a
point of intersection with the west line of the land described in the deed recorded May 4, 1993 as
Document No. 93-079362 of Official Records;
2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a point of
intersection with a line which is parallel with and 490.94 feet south of the north line of Lot "K",
said north line also being the centerline of Los Angeles Avenue;
3rd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with the south
line of said Lot"K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT OF
BEGINNING.
CONTAINING: 1.993 Acres,more or less.
SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.
EXHIBIT "B": Attached and by this reference made a part hereof.
rt\otA. 1ANDJk1/4J. �F�a fie^ 9/25/2017
Matthew J. Vernon Date
No.PLS 7553 PLS 7553
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Ordinance No. 454
Page 45
EXHIBIT "B"
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MATTHEW J. VERNON, PLS DATE 32 '
Michael Baker
INTERNATIONAL
5051 Verdugo Way,suite 300 'DRAWN BY: CC CLIENT: PACIFIC COMMUNITY BUILDERS
Camarillo,CA 93012 1 DATE: 9/25/2017 JOB No: 129998
Phone:(805)383-3373•MBAKERINTL.COM SCALE: 1'=130' FILE: 7179—EXOOI.DWG SHT 1 OF 1
H:\PDATA\10107179\CADD\MAPPING\EXHIBITS\7179-EX001.DWG MVERNON 10/28/16 9:34 am
Ordinance No. 454
Page 46
EXHIBIT "C"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
do Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
Ordinance No. 454
Page 47
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 454 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 4th day of October, 2017
and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 5th day of October, 2017.
Maureen Benson, City Clerk
(seal)
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