HomeMy WebLinkAboutAGENDA REPORT 2017 1101 CCSA REG ITEM 10G ITEM 10.G.
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: October 24, 2017 (CC Meeting of 11/01/2017)
SUBJECT: Consider Amendment to Easement Agreement with MB Plaza West
LLC
BACKGROUND/DISCUSSION
On September 1, 2011, the City entered into a Settlement Agreement with Mission Bell
Plaza West, LP and other ownership interests of Mission Bell Plaza over unpaid debt to
the City. Part of the Settlement Agreement included a provision for Mission Bell West,
LP, to provide an assignable easement to the City that would provide access from the
undeveloped 4-acre property to the west to the signal at Leta Yancy Road through the
Mission Bell Plaza parking lot (Attachment 1). This easement agreement required
certain easement improvements to be completed on or before December 31, 2016, or
the easement would have expired.
On June 15, 2015 the City Council approved an extension to the easement agreement,
extending the agreement to January 1, 2018 during which time entitlements were
processed on the property to the west.
The 4-acre property that would ultimately benefit from this easement currently has a
proposed 66-unit townhouse development under review. Previously, a medical office
was approved for this site. The residential project would require a General Plan
Amendment and Zone Change, along with a Development Agreement. Staff expects a
decision on this project sometime in the 2017-2018 fiscal year. It is possible that the
decision would occur after the current easement agreement expires, in which case
having access from the project site to the Leta Yancy Road/Los Angeles Avenue
signalized intersection could no longer be guaranteed.
263
Honorable City Council
November 1, 2017
Page 2
Community Development staff have been working with the new owner of the land under
the easement in Mission Bell Plaza, MP Plaza West LLC, on another extension to the
easement agreement. The City Attorney's Office prepared a draft second amendment to
the easement agreement, which would provide an additional 2 years (to January 1,
2020) by which the easement would need to be effectuated (Attachment 2). This would
be sufficient time for the entitlements on the adjacent site to be decided by the City,
providing this access as an option for consideration for either commercial or residential
development.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Amendment to Easement Agreement, subject to
final language approval by the City Manager.
Attachments:
1. Easement Agreement
2. Draft Second Amendment to Easement Agreement
S\Community Development\DEV PMTSIR-P D\2014-02 Grand Moorpark Manny Kozar\Easement Agreementt20161107 Easement CC Rpt dock
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•
RECORDING REQUESTED BY 11111111111111110111111111111111111
AND WHEN RECORDED MAIL-TO: 2016080840111686-0 1/3
Ventura County Clerk and Recorder
City or Moorpark
MARK A. LUNN
799 Moorpark Avenue 08/08/2016 03.57:43 PM
Moorpark,Calilornia 93021 1094727 5.00 CE
Attn: City Clerk
Exempt recording per Government Code
Sec.6103 •
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AMENDMENT TO EASEMENT AGREEMENT
This AMENDMENT TO EASEMENT AGREEMENT(the "Agreement") is dated as of
ht AA, 2016, and is entered into by and between MB PLAZA WEST LLC, a Delaware limited
liability company ("MB"), and the CITY OF MOORPARK, a municipal corporation (the
•
"City"), who agree as follows:
RECITALS •
A. Mission Bell West, LP and the City entered into that certain Easement Agreement
dated September 1, 2011 which was recorded on October 13, 2011 in the Official Records of
Ventura County as Document 20111013-00152643-0(the "Easement"). .
B. Mission Bell West, LP has conveyed to MB all of the property it owned that is
affected by the Easement and all of its rights,obligations,title and interest in, under and to the
Easement.
C. The Easement included a deadline of December 31, 2016 for the completion of
"Mission Bell Easement Improvements" (as defined in Section 4 of the Easement). . . --- - --
D. MB and City desire to extend such deadline.
AGREEMENT
1. Extension of Deadline. The December 31, 2016 deadline in Section 2(a) of the
Easement is hereby extended to January 1, 2018.
MB PLAZA WEST LLC, CITY OF MOORPARK
a Delaware limited liability company
By: By. 4:1- ,7,
4-- 1
nathan G. Cheng Steven Kueny
President City Manager
Approved as to Form:
ruse Galloway, of Richards, atson &
Gershon, Assistant City Attorney
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CC ATTACHMENT 1
12x53-110141 1963325v 1 Lc
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached.and not the truthfulness.
accuracy,or validity of that document.
State of California )
County of Ventura '
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On JUit �o, o�ltQ ,before mc, 1 tv ' STAID ,
(insert name and tide of the officer)
Notary Public, personally appeared -STA1 LL) ( . ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(jire
subscribed to the within instrument and acknowledged to me thatQshe/they executed the same
in Ober/their authorized capacity(ies),and that by /her/their signature(s) on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
� " �� JENNIFER SCHELL
Signature iI.P Q (Seal) L': COMM. #2014937
le' -^ Notary Public-California c
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,Aird/.-x- CITY OF MOORPARK
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
On this 22nd day of July in the year 2016, before me, Maureen Benson, City Clerk of
the City of Moorpark, personally appeared Steven Kueny, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
who is personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity as
the City Manager of the City of Moorpark, and that by his signature on the instrument,
acknowledged to me that the City executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
• foregoing paragraph is true and correct.
Witness my hand and Official Seal
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I i J? VM1
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Maureen Benson �* rKa
City Clerk
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM 2 6 7
Mayor Councilmember - Councilmember Councilmember Councilmember
402 W Broadway,Suite 7801 San Diego,CA 92101
'1OUR14ALINE IAP1TAL; Tel: (619)696-8600 1 Fax:(619)308-6600
October 12, 2017
Joe Fiss
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: MB Plaza West LLC
Dear Joe:
Enclosed please find two (2)partially executed Second Amendment to Easement Agreement for
MB Plaza West LLC. Upon receipt, please have the City Manager and Assistant City Attorney
sign where indicated. Once fully executed,please mail one(1)original to my office at the address
above. Additionally, please email a pdf copy of the recorded easement to myself at:
j cheng@tourmalinecapital.com.
Thank you for your attention to this matter. Should you require additional information or have
any questions,please feel free to contact me.
Sincerely,
Jonathan Cheng
268
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Moorpark
799 Moorpark Avenue
Moorpark,California 93021
Attn: City Clerk
Exempt recording per Government Code
Sec.6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECOND AMENDMENT TO EASEMENT AGREEMENT
This SECOND AMENDMENT TO EASEMENT AGREEMENT (the "Agreement") is
dated as of , 2017, and is entered into by and between MB PLAZA WEST
LLC, a Delaware limited liability company ("MB"), and the CITY OF MOORPARK, a
municipal corporation(the "City"),who agree as follows:
RECITALS
A. MB and the City entered into that certain Easement Agreement dated September
1, 2011 which was recorded on October 13, 2011 in the Official Records of Ventura County
as Document 20111013-00152643-0, which was amended by certain Amendment to
Easement Agreement dated July 22, 2016, executed by MB and City and recorded on
August 8, 2016 in such Official Records as Document 20160808-00111686-01/3
(collectively,the"Easement").
B. The Easement included a deadline of January 1, 2018 for the completion of
"Mission Bell Easement Improvements"(as defined in Section 4 of the Easement).
C. MB and City desire to further extend such deadline.
AGREEMENT
1. Extension of Deadline. The January 1, 2018 deadline in Section 2(a) of the
Easement is hereby extended to January 1,2020.
MB PLAZA WEST LLC, CITY OF MOORPARK
a Delaware limited liability company
By: ✓ ( By:
J athan/Cheng Steven Kueny
Its: Manager City Manager
Approved as to Form:
Bruce Galloway, of Richards, Watson&
Gershon, Assistant City Attorney
CC ATTACHMENT 2 269
12853-0014\2110241v1.doc
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy,or validity of that document.
State of California )
County of San c.tjb )
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On 0(Alb?" 1 1 a_ot--t , before me, Win.trer Gth...B ,
(insert name and title of the officer)
Notary Public,personally appeared TVYttaktin h&I‘Or- ,
who proved to me on the basis of satisfactory evidence to be theLperson(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State Df California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. IENNIFERSCHELL
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NotaPit
ligco-CCoaliforniaunty f.
Signature /101411Lildifili (Seal)
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A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy,or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-3-
12853-00141211 0241vI.doc 271