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HomeMy WebLinkAboutAGENDA REPORT 1992 1007 CC REG ITEM 11EITEM II. E. MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MEMORANDUM R ?ARK. CALIFOMNIA G Iy Council Meeting of L 7 199 �— The Honorable City Council ACnoN:j TO: FROM: Steven Rueny, City Manger - e , DATE: October 2, 1992 SUBJECT: Consider Request by Stephen Anderson Concerning Recordation of the Reimbursement Agreement Between City and TOPA (PD 1064) Background City Council Resolution 88 -443 approved PD 1064 (TOPA) for the commercial project on the southwest corner of Los Angeles Avenue and Spring Road. Part of the conditions of approval allowed TOPA to be reimbursed for certain improvement costs from the developer at the northeast corner of the intersection. On February 15, 1989 City Council adopted Resolution 89 -535 clarifying the reimbursements to be made to TOPA for various items including improvements at the northeast corner of the intersection. It also provided for the formalization of this understanding between the City and TOPA by Agreement. The Reimbursement Agreement relative to PD 1064 was executed on June 20, 1989 and was recorded by the City. Discussion In communications from the representative of the property owner at the northeast corner of Los Angeles Avenue and Spring Road, we have been informed that the recorded Reimbursement Agreement between the City and TOPA, has caused this obligation to show up in a title report. This has put a cloud on the title. The property owner has asked that the City take some action to remove this cloud on the title. After..City staff review of the material, it was suggested that the property owner approach TOPA to seek an amendment to the Reimbursement Agreement. TOPA has responded to the request by declining to execute the amendment because it would not put a future purchaser or developer on notice of the obligation to reimburse them for the previously installed improvements. The property owner has asked that this matter be placed on the agenda to request the Council PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper to consider action to rescind recordation of the Reimbursement Agreement. The City Engineer's office is currently working with TOPA to determine the amount of reimbursement they believe they are entitled to from this property owners. It is anticipated that this information will be available prior to the Council meeting on October 7, 1992. Staff Recommendation Direct staff as deemed appropriate. John W. Newton & Associates, Inc. 4 _Ipw fessi.onar eonsahanEs Asadurion Professional Building 165 High St., Suite 204 Post Office Box 471 Moorpark, California 93021 Telephone (805) 529-3651 September 22 , 1992 Mr . Steven Kueny City Manager 799 Moorpark Ave . Moorpark , CA 93021 Re : TOPA Reimbursement Agreement Dear Steve : Attached is TOPA ' s response to Mr . Anderson ' s August 24 , 1992 request to TOPA to agree to amending the PD-1064 Reimburse- ment Agreement of June 20 , 1989 as recorded by the City . The cloud on the title remains . It must be removed as we have previously discussed . The City caused the Agreement and actually recorded it , clouding the property owner ' s title referencing a matter between TOPA and the City , to which the property owner , Mr . Anderson , is neither a party nor a bene- ficiary of the purpose and intent of the Agreement . Mr . Anderson did not authorize or acknowledge the recording of the PD-1064 Agreement on the title of his property . Futhermore , Mr . Anderson ' s property is not subject to PD-1064, the TOPA entitlement triggering the Reimbursement Agreement . I ' ve again attached the draft amendment we have prepared which will remove the cloud on Mr . Anderson ' s title , while preserving the purpose and intent of the PD-1064 Reimbursement Agreement for the City . We must achieve immediate resolution of this problem Steve . Please advise . If the City Attorney will not accept this approach , or recommend a solution , then the matter needs to be scheduled for the next City Council agenda so that I can make a final plea for an administrative remedy to the City ' s improper action . Sin rely , Attachments John Newton cc : Stephen R . Anderson REAL ESTATE BROi:ERAGE lv1;NERAL ^<EA'_ '_STATE DEVELOPMENT o­merc al • nd.a'r.al '_and RESOURCE End re ;ng -;end D v s on Perr is yam, TEL No . 805 529 3220 Sep 18 ,92 10 :24 P .02/02 7 MANAGEMENT COMPANY R 3Fp 1 1992 '4-C CONSTRUCT/ 0N. 1 NC. September 16, 1992 Mr. Steve Anderson AC Construction 4875 Spring Road Moorpark, cA 93021 Re: Reinbursewent Agreement Dear Steve: I have reviewed the amendment to the reimbursement agreement with our attorney. He has advised us not to execute the agreement because any buyer and or future developer would not have any notice of the obligation to reimburse for intersection improvements. We are willing to execute the agreement, put it into escrow and be paid the reimbursement through escrow. The title could then be cleared to the new owner/developer. Please let me know how you wish to proceed. Very truly yours, COMPANY Paul R. Gienger Vice President 4 �t DRAFT Recording Requested By and When Recorded Return to : CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark , California 93021 AMENDMENT TO THAT CERTAIN REIMBURSEMENT AGREEMENT, DATED JUNE 20, 1989 , RECORDED OCTOBER 16, 1989 AS DOCUMENT NO . 89-.165525 , BY AND BETWEEN THE CITY OF MOORPARK , A MUNICIPAL CORPORATION, AND TOPA MANAGEMENT PARTNERSHIP, A PARTNERSHIP , RELATIVE TO COMMERCIAL PLANNED DEVELOPMENT PD-1064. WHEREAS , TOPA Management Partnership ( "TOPA") entered a Reimbursement Agreement Relative to PD-1064 ("Agreement") with the City of Moorpark ("City") as a condition of development of property owned by TOPA and legally described on Exhibit "A" attached hereto , and incorporated herein ; for right of way acquisition , and street improvements to property in the vicinity of the northeast corner of the intersection of new Los Angeles Avenue and Spring Road , more particularly described in Exhibit "B" attached hereto and made a part hereof; and generally shown on Exhibit "C" attached hereto and made a part hereof (the "Adjacent Property" ) ; and , WHEREAS , the requirements for the acquisition of right of way and construction of improvements were pursuant to Condition 4a of Resolution No . 88-443 , dated January 20 , 1988; and WHEREAS , Condition 4a was further clarified by Resolution No.89-535, dated February 15 , 1989 ; and WHEREAS , the owners of the property legally described on Exhibit "B" dedicated a portion of their property as generally shown on Exhibit "C" , in cooperation with the City and TOPA, pursuant to TOPA ' s obligation to comply with Condition 4a of PD-1064 , as amended ; and WHEREAS , the owners of the property legally described on Exhibit "B" were not , and are not now a party to the Reimbursement Agreement ; and r" -2- WHEREAS , Condition 4a of PD-1064, as amended , specifically states "The City will enter into an agree- ment with the developer of PD-1064 , agreeing to condition THE FUTURE DEVELOPER of the property at the northeast corner of said intersection [to] reimburse the developer of PD-1064 to the extent such reimbursement is legally enforceable" ; and WHEREAS: The owners of the property described on Exhibit "B" are not "the future developer" of that property , but are the owners of record in fee simple title; and WHEREAS: the Agreement between TOPA and the City has no legal effect upon the clear title of the owners of record to the property described on Exhibit "B" ; and WHEREAS , in order to rectify the problem of the Agreement being inadvertently reflected as an Exception to clear title to the property described on Exhibit "B" ; and WHEREAS , upon recordation of this document the City intends to clarify its Agreement with TOPA, as it may affect a future developer , without affecting the legal title to that certain property described on Exhibit "B" , NOW , THEREFORE , the City of Moorpark and TOPA Management Partnership mutually agree to record this Amendment clarifying their mutual intent to comply with said Reimbursement Agreement Relative to PD-1064 , which is to not affect the manner in which legal title to the property described in Exhibit "B" is held . The parties further agree that recordation of this Amendment is made with their mutual and express intent to eliminate any possible cloud on the legal title to the property described on Exhibit "B" , now, or at any time in the future . IN WITNESS WHEREOF , the parties have caused execution of this document on the day of , 1992 . ATTEST: CITY OF MOORPARK By : Lillian E. Kellerman, it y l rk ePaul W. Lawrason , Jr. , Mayo r TOPA MANAGEMENT PARTNERSHIP By : Paul R. Gienger, General Partner DOI1I? A D TED DI TAE MKff OF %WW. STATE ff 0100 MA,A, IMO IS TINT MICH Of LOT S6• FRMNT TRACT. IN M C�fTY � IlefflWl• STAM W CALIFO KIA• AS ra WP MCOOED IN 000( 3• rAOE A 1ST• IN M MICE OF T!E CMJM KCWM OF SAID CMVM• MCRIKD AS FOLLAWS: /OODl1Ilo AT A POINT Di THE IOt w&y Lpe OF SAID LOT S4• @am ALSO TIE S011fHMV LDE W LO$_ MlMMLS AVO"• 6a PELT WIDE• DISTANT KAYO SM NOCTFEALY LIFE E4ST ],5fi FEET F740M M IO M43TOLY COMM W SAID we*A TF@CE CWTIKM4 AL" SAID HIMMRLY LMo 1ST: EAST 337.38 nu TO M NCRflfASTEALY CO*a w SAID uff %o mm ALONG M EASTOILY LINE 1NNOW• OEM ALSO M WSTMY U E W 3PRM STiEET• 6D FEET WIDE• 80: Sam 318.8 FEET: TNm. 30: ZEST• DI A ODIECT LINE• TO A POINT ON M E67OLV LINE OF IK LMO OESO ND IN THE D® TO WNM J. TM so WIFE. RECOO® NMST 10. 151• INN root IU �4 PW 4M. OF WFICIA! IIEC�S• OtSTANT XOfo SAID EASTMY LINE MR 1 1& FEET FOW M S MCMTOR.Y UMM OF SAID LAST-MnOIED LOG$ HENCE NAM SAID EASTVAX L2SE• 4Tm mmw 318.4 FEET To M POINT OF emus INo. EXCE MW "474"M TINT FWflQN CDW#TfW TO THE STATE OF CALIFOWA BY om wairra maisT 17. 1970. DI am Me rm 460. OF OFFICIAL I wavy. WWI" a That Potties of Lot M of Tract L of the >Ra� $isi, in the city of 1600 . Ypnn64"m In Ventura,1ook S,f pMefopeo, of as shown as the Kjacellanoms "cards, b@ Office Of th& qty at said County. bogiamieg at the intersection of the oenterl'm of _a. Anpsles Avenue, and the centerline of �� of St"ate " shows Go the map recorded in book 20, Page the awe@ In said mecordir•s Oft t thenos. &tong Oorth 0.29.06' East centerline o! said Sp inq les, south a9.30•S2• Zest 193043 tort$ thonoe at rigbt an+g 1 lbW at said Spring 54.00 test to a poise on -tu desasibed in p•s'oal A of the Stswt• 04.00 feet vide. No. 74112 in deed sroor� November 150 1971 as ot+au�+t DOOR 4334, Aga 72S of official f�eootds, in said *ecsrder•s office, said point being the' itZ innt of beginnings thence, along said easterly the following two oorssess 1st _ loath 0- 2f•oa• Most 103.S7 test to the beginning of the ousw sa desar� in parcel c of said deed sasa� 1I1 book 4331, p.g• 725 of official rd o�co �, concaved mostheasterl and 1wiw9 foots theme, along sold emrve, rl 34.73 test through a 2nd . Southerly and soathessta y central WWI* of 91.11.10• to tbt northerly g of said Los Angeles Aveme as dssaribad in of Official said does recorded in book 1334, pans _ lteoordst thence, along said northerly lies, 3rd - South 93'43'03' bast 2.01 feet to a point of asaP of a tangent cur" to said northsclY lin a Of LOS AA�oles Avow*,Avo *, eonca" northeasterly, Of • MOM" S 25.00 teat and being tangent at its nwrt%WIY terminus vith a line that is parallel with and distant 2.00 coat etasterly of the let coarse horeias thence, along said carve, 4th - Morthwsterlr and northerl� 24.72 foot thrOGO a central angle of 04.11.10 to said parallel line being 2.00 toot easterly of the lst course hernias thence, along said come,. Sth - Month 0.29.00• Zest JOS.77 foot to the W-AMRr?Y• prolongation of that couras herein recited as •south 89'20.42• Bast 54.00 test,• Baas bQL oqivs of of a curve coecsved Westerly cad leg •04.00 foots thence aleag said curve, 4th - Northerly 54.74 feet thtwslA a cewtral eagle of 4.02.220 to said easterly line of spring stswts thence, along said easterly line 7th - south 0.29.04• Mast 54.71 foot to the true polwt of beginning. mom- y Jam'. �.0 r&Y, \ ` 1 =IItIT C • ` r xf jo?W, ex/y L iNt Are /CrC A V a I-oz j3' �s� or str gy ,r•ss oo, A 0-410M a' . At s` 1. 36.75 , • T+IZ.S's w e,�v'p•,,o. '� 1 L•1i.7J' 0 r II.6J Arz awe :Ir oxan=p zw"exrAW ' O�O�I AGtl� As"OVACS/rL S/Z- -.?"- 370 2 � ` 1 K 'AFL 1' .LMriE JriC/!Y. 0 .CO1 IWit�S wYitNvQ R I�SD IY i dl[�iv� .i /I�tsf�W Ar LOTA �NA�tylt.MI AdM AW= Cr 7Si1L'rz Lr All Aw, r AW 4A9*" Ativt ynn/, u w rr r , 1�ivT>krl� hKN: �iooi � •� : � C�►TY AR KNT�IrtA sA�l w, 2 t r,, r1Y CONSTRUCTION, ;NC. A-C GENERAL ENGINEERING CONTRACTORS August 24 , :1992 9'0PA Manage-ment Company 1800 Avenue of the S1;.arks Suite 1400 I,os Angeles, California 90067-4216 Attention : Paid R . Gier►dcr Vii--e- ties ident. Re: Aine-ndmeni_ to Reimbursclmerit- Ayrr_r.ment dal_od Jane 20, 1969 - PD-1064 peel' Mr . Gienger. Vio e!iclosed Amerrdmertt. to the Reimbursement Agreement .;unc: 20 , .1.989 is sut>nitte;d for your review and siynaturc� . 7l. w,3s Pre't,ai'ed Lo clarify the agreernent of ,Tune 2t1 , 19110 which watt pr(.v.iously file(I in t_iic county r,f Ver�t_ur.� by the City Of Moorpai-k . Discussions with the City of Moue.-park have e.stablijhcd that they will si.yrt tht- documc-nt and record it provided that. you execute the :amendment . Ais t.h.- recording of the prior cloc.ument has placed a c:luud cart my title., your coup(°ration in prueesbiny t-he er«:lose-A Amendment as soon as possible will be apprt-c fated . me i-rnrned.itctc-ly if t:lrere are any problems with 1:he processing of the r..no lust-d document . Very l:rul ours, � � v Stephen ft. dtrsor� Pr1Clc:,-,ure John W. Newton & Associates, Inc. .Pwfes4ionaf eonacettants Asadurian Professional Building 165 High St., Suite 204 Post Office Box 471 Moorpark, California 93021 Telephone (805) 529-3651 August 12 , 1992 Mr . Steven Kueny City Manager 799 Moorpark Avenue Moorpark , CA 93021 Re : PD-1064 TOPA Reimbursement Agreement FOR 8/19/92 DISCUSSION W/CITY ATTORNEY Dear Steve : Per our recent discussion , enclosed is copy of the full Preliminary Title Report , including the January 20 , 1992 McDonald ' s transmittal letter out- lining their objections and requirements . No . 6 in the letter refers to Title Exception No . 10 in the PTR , the City/TOPA Reimbursement Agreement . I ' ve also enclosed a copy of a recent McDonald ' s transmittal letter from James Montgomery , their Corporate Attorney . He is the legal department repre- sentative on this project , replacing Kathleen Kuta . Also , Bill Luther (805) 983-1500 , is the Title Officer responsible for the Commitment For Title Insurance , VEN-91004876 . It is entirely possible that a telephone conver- sation between Cheryl Kane and the Title Officer , clarifying the intent of the Reimbursement Agreement (City conditioning of a future developer) , may be sufficcient to cause the removal of PTR Exception No . 10 from the current landowner ' s title . As it /�� W stands now , this constitutes a cloud on the current owner ' s title which must be removed . If a telephone call won ' t work , then please see that the City records something similar to the draft amendment we provided , ,;; ;' C) as soon as possible . A successful close of escrow is pending i y e E3 �- (�� � C-3 Contact me if you need any additional information we may be able to provide . via U_ ncerel Enclosures 'John W . Newton cc : Mr . Stephen R . Anderson REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT Commercial • inclustrial • Land RESOURCE Engineering • Land Division • Perm;ts Residenfial 2elocoton ._VELOPV,:NT Plannng • Zon:ng � ' � * McDonald's Corporation ,1 J'"�N 2 `� McDonald's Plaza ��w 4 �9�? Oak Brook,Illinois 60521 A C C0NSTRVCT (708)p�575-3530 �pN, ANC. January 20, 1992 Stephen R. Anderson and Asadurian Construction c/o A-C Construction 4875 Moorpark Rd. Moorpark, CA 93021 RE: M00RPARK, CA 116 Spring Street L/C: 04-2031 Gentlemen: I am the attorney assigned to handle this transaction for McDonald's Corporation. Enclosed is a copy of a title commitment issued by First American Title Co. , dated September 18, 1991 . Article 5 of our Contract provides for our obtaining this commitment and requires you to make a good faith effort to cure any defects in your title within the next thirty (30) days. I have reviewed the commitment and would like to draw the following items to your attention: 1 . Since we have requested extended coverage, by carbon copy of this letter I am asking the title company to delete their standard exceptions. They may require an affidavit of title or other additional information from you before they will agree to do this. 2. All of the requirements set forth in Schedule B must be complied with. Normally, the standard closing documents will satisfy these requirements. However, you should consult with your attorney about any items you have questions. 3. Special Exception 1 , 1(a) and l(b), all taxes must be paid to date. Current taxes will be pror3 dt ed upTOn the last tax bill. G) Special Exceptions 2, 3, 4, 5, 6 and 'the utility easements, must be removed. We will not accept-blanket easements. D5 He We object to Exception No. 9, the Redevelopment Project. We are attempting to obtain copies to determine if we can live with the conditions of this document. n ' 5`z 6. We object to Exception No. 10, a Reimbursement Agreement. (, °�,e � t Has s reimbursement to the City been paid? If so, please provide lNJo �UQ proof of payment to the title company so they can delete this Ik�,�`�f exception. If not, please make arrangements to pay it. Then provide YJ 1 f/"�'�;L , the title company with proof of payment. Stephen 9. Anderson January 20. 1992 Page 2 If you have any questions about how to resolve the above matters. please do not hesitate to contact me or the title.agent, whose phone number is (805) 983-1500. When the above-mentioned objections have been resolved, please ask the title company to send a revised commitment to me showing that these items have been deleted. If you feel that you will need more than 30 days to cure any defect, please let me know as soon as possible so that I can work with you to meet our goals. Sincerely, McDONALD'S CORPORATION Kathleen M. Kuta Attorney-Manager Real Estate/Legal Department KMK/cp/4253J/5-6 Enclosures cc: Kathleen O'Connor - Los Angeles #955 Toni Rice, First American Title Co. Form 1299 N/Lil t h M E it �S C' Face pa9a commltn""t(Calif.) y. First American Title Insurance Company 2520 FINANCIAL SQUARE,SUITE 20 • OXNARD,CALIFORNIA 93030 (805)983-1500,647-5049,644-5149,529-3942-(818)889-0182 COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, heroin called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate twelve (12) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date." .,,%A 1E It�� First American Title Insurance Company = Q c By PRESIDENT SEPTEMBER 24, d 1968 a j 1/i�r.��/ r ✓ *! IV ATTEST 'w C 3 �� SECRETARY CAl 1/p p•H�p �� By C � � COUNTERSIGNED ✓w v S A M E•'q c ,, 4y4 Form 1299-A (7-78) Commitment (Calif. ) SCHEDULE A 1. Effective Date: September 18, 1991 at 7:30 AM Commitment No. : VEN-91004876 2. Policy or Policies to be issued: Amount ALTA Extended Coverage Owners $500,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered hereby is: IN FEE 4. Title to the estate or estate in said land is vested in: STEPHEN R. ANDERSON, Trustee of the STEPHEN R. ANDERSON TRUST dated July 9, 1987, as to an undivided one-half interest, and ASADURIAN CONSTRUCTION CO. , INC. , a California corporation as to an undivided one-half interest CONVEYANCE DEED (within a two year period) : According to the public records, there have been no deeds conveying the property described in this report recorded within a period of two years prior to the date of this report, except as follows: NIL Pg: 1 of VEN-91004876 The land referred to in this Report is situated in the State of California, County of Ventura, City of Moorpark and is described as follows: Parcel 1, in the City of Moorpark, County of Ventura, State of California, as per map recorded in Book 20, page 56 Parcel Maps, in the office of the County Recorder of said County. EXCEPT that portion described in the Deed to the City of Moorpark, recorded August 4, 1989 as Instrument No. 89-122651, Official Records. Pg: 2 f ��ST aWER f ��•• ,V VEN-91004876 Form 1299-B1 (7-78) Commitment (Calif. ) SCHEDULE B - Section 1 Requirements The following are the requirements to be complied with: Item (a) : Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) : Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: x 1. Deed transferring title 2. Trust Deed(s) x 3. Release(s) or Reconveyance(s) of items: No. 13 4. Other: Item (c) : The following information must be submitted: x 1. Off record leases, surveys, etc. (Alta Survey) x 2. Statement(s) of identity, all parties. 3. Other: Pg: 3 VEN-91004876 Form 1299-B2 (7-78) Commitment (Calif) SCHEDULE B - Section 2 Exceptions PART I: The ALTA Extended Coverage Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 2. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interests insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. PART II: The policy or policies to be issued. will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof by prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 1. The lien of Supplemental Taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. la. General and Special Taxes for the fiscal year 1991-92, a lien not yet due and payable; Code Area 10066, A.P. No. 512-0-150-380. Affects a portion of said land. Pg: 4 r J► NER �c • 4 VEN-91004876 lb. General and Special Taxes for the fiscal year 1991-92, a lien not yet due and payablet Code Area 10066, A.P. No. 512-0-150-720. Affects a portion of said land. 2. The right of entry and right of way over said land for the use of any system for the collection, conducting and distribution of the waters of the Rancho Simi, which may be adopted by the Simi Land and Water Company or its assigns, as reserved in the Deed recorded January 30 1890 in Book 29, page 500 of Deeds. NOTE:' Said easement is blanket in nature. 3. An easement for constructing and maintaining a ditch, flume, pipe line or other means of conducting and conveying water and incidental purposes, in favor of James Evans and Meda Evans, as set forth in an instrument recorded May 7, 1906, in Book, 110, page 13 of Deeds, over a portion of said land. 4. An easement for overhead and/or underground electrical supply systems and communication systems consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes and including above-ground enclosures, markers and concrete pads and incidental purposes in favor of Southern California Edison Company as set forth in an instrument recorded December 19, 1951 in Book 1039 Page 273 of Official Records, over a portion of said land. 5. An easement for the construction, maintenance, use and operation of a pipe line with metering, regulating and other appurtenances for the purpose of transporting gas for heat, light, power and other purposes and incidental purposes, in favor of Southern Counties Gas Company of California, a California corporation as set forth in an instrument recorded in Book 1536, page 534 of Official Records. NOTE: The exact location of said easement cannot be located per said document. Pg: 5 A W E ` — VEN-91004876 6. The effect of a note shown on the Parcel Map which recites as follows: Parcel 1 is subject to flood hazard. 7. An easement for sanitary sewer and water pipelines and incidental purposes, in favor of Dennis E. Johnson, a married man, as his sole and separate property, as set forth in an instrument recorded October 14, 1976, in Book 4691, page 370 of Official Records, over the Southerly 5 feet of said land. 8. An easement for electrical service, telephone supply pipe and incidental purposes, in favor of Thomas A. McLaughlin, a single man, as set forth in an instrument recorded September 20, 1978 in Book 5213, page 537 of Official Records, over the Southerly 15 feet of said land. 9. An instrument recorded July 12, 1989 as Document No. 89-108897 of Official Records, executed by the City of Moorpark, indicates that said land lies within the boundaries of the Moorpark Redevelopment Project for which redevelopment proceedings have been instituted under the 7;4")unity Redevelopment Law. A Reimbursement Agreement Relative to PD-1064, dated June 20, by and between the City of Moorpark, a municipal corporation (the «Ci and TOPA Management Partnership, a partnership (the "Developer") , recorded October 16, 1989 as Document No. 89-165525 of Official Records. 11. A Deed of Trust to secure an indebtedness in the original principal sum of $700, 000.00, and any other amounts and/or obligations secured thereby, recorded February 28, 1990 as Document No. 90-029898 of Official Records. Loan Number: None Shown; Dated: October 25, 1989; Trustor: STEPHEN R. ANDERSON, trustee of the STEPHEN R. ANDERSON TRUST dated July 9, 1987 and ASADURIAN CONSTRUCTION CO. , INC. , a California corporation; Trustee: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation; Beneficiary: MCDONALDIS CORPORATION, dba DELAWARE MCDONALDIS CORPORATION. 12. This is a standard form report only. It will be supplemented to reflect such additional matters as are disclosed by our field investigation and extended coverage survey supplied by the customer. In order to avoid any last minute delay, said survey should be submitted well in advance of the contemplated closing date, because the field investigation is not made until after the survey is received and examined. Pg: 6 c M..E R Cr � 1 V"'44-- VEN-91004876 13. Any rights or interests of parties in possession of said land by reason of unrecorded Leases, if any. 14. This report is not complete and certain potential items are not being shown pending the receipt of a completed accurate Statement of Information as set forth in the Notes and Requirements herein. Upon receipt of this statement, this report may be supplemented, as appropriate. Pg: 7 , r A W E R � \ VEN-91004876 Form 1299-C (7-78) Commitment (Calif.) CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of. trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for- any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form or policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Pg: 8 McDonald's Corporation tmt.DOil18ld$ McDonald's Plaza I ® Oak Brook, Illinois 60521 Direct Dial Number (708) 575-3526 July 30, 1992 Mr. John W. Newton John W. Newton & Associates 165 High St. No. 204 P.O. Box 471 Moorpark, CA 93021 RE: MOORPARK, CA 116 Spring St. L/C: 004-2031 Contract Extension Dear Mr. Newton: At the request of Sandra Ayers, enclosed please find four (4) copies of the Agreement to Extend Real Estate Contract for the above-referenced site as executed by McDonald's Corporation. Please have Sellers execute each copy and return at least two fully-executed copies to my attention. If you have any questions, please do not hesitate to contact me. Very truly yours, McDONALD'S CORPORATION J D. Montgomery,�Jr. Ma aging Attorney Real Estate/Legal Department JDM/cp/1220J/76 Encl. cc: Kathleen O'Connor - Los Angeles #955 A-C Construction Corporation 4876 Moorpark Road Moorpark, CA 93021 t r. 'i 4 j • I 8)1-163=3 I Rea Fee .00 Total • 0 Recorded = Official Records : County of Ventura Richard 0. Dean Recorder 8.02x• 16-Oct- CP 12 RX0ft1D AT MQUar CW AND RlRa„To, WHEW RECORDED. RETURN TO: ) City of Moorpark. City Clerk's Office 799 Moorpark Avenue Moorpark. CA 93021 KEIMBORSEKENT AGAELKENT ` fp l) RELATIVE TO /PD)-1064 TBIS AGREEMENT (this "Agreecnnt") is made this _�(� day of X1'VA 1989,�by and between the CITY Or mOORPARK, a mum c pa corporation (the *City") and TOPA Management Partnership, a Partnership the "Developer"). R E C I T A L S A. The Developer is the owner of certain real property in the County of Ventura (the "County"), State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Top& Property"). B. In connection with the development of the Topa Property, the City has approved Planned Development PD-1064 pursuant to City Council Resolution NOS. 88-443 and 89-535. C. Pursuant to Condition 4& of Resolution No. 88- 443, the Developer is required to acquire necessary right- of-way for the construction of, and construct, pavement, curb and gutter and to modify traffic signals (collectivelyr the "Mork") adjacent to certain real property located outside of the Top& Property in the vicinity of the northeast corner of the intersection of New Los Angeles Avenue and Spring Road, more particularly described in Exhibit 01" attached hereto and made a part hereof, and generally shown on Exhibit "C" attached hereto and made a part hereof (the *Adjacent Property"). D. The construction of the work is in excess of the need attributable to, and reasonably related to, the development of the Tops Property, and the Bork constitutes __ an improvement for the benefit of, and relates to, the development of the Adjacent Property. \ NON, THEREFORE, in consideration of the foregoing i C" and of the mutual covenants and agreements contained herein, the parties do hereby covenant and agree as follows: LJM 1. Definitions. As used herein, the following terms shall have the following meanings: (a) "Completion Date" means the data on which Les • the City accepts the Mork. (b) •Raimbursable Costs' means, and shall be limited to, the direct costs incurred and paid by the property in connection lanshandesppeecificat one# labor "dtoc property acqu materials, City plan check, inspection ^ry,r+hdh�n�[ees and any other tees imposed by a public a of other forma of surety required by the City or other public agency. (c) "Reimbursement Payse^t' means any payment of Reimbursable Costs received by the City from, Of on behalf of, the Adjacent Property. 2. Construction. The Developer shall perform the ance v� Mork in accordIa^s approved by the Cit The Developer shall initially bear the full cost of al activities undertaken by it in connection with the performance of the Work; provided, however, the Developer shall be reimbursed for Reimbursable Costs in the manner set forth In this Agreement. 3. Reimbursement. Upon acceptance of the Nock, the Developer s a e re abursed in the manner hereinafter set forth. (a) Within ninety (90) da a after the Completion Date, the Developer shall deliver to the City ae invoice fog all Reimbursable Costs. (b) As a condition of approval Of the first of any required land use entitlements required to develop Cit shall all, or a portion ot, the Adjacent equal to �theeReimb e ursable impose a charge upon the Developer equal Costs, which charge shall be payable prior to the issuance of the first Zone cleacequired bytlawdevTt►epCity shall have later date as say ni is legally sole discretion to determine when the payee due. (c) Within thirty (30) days of receipt by the City of the Reimbursement payment ttheuDeveloperbtheatotal 3(b) hereof, the City shall WY e amount of such payment. The payment to the Devloper shall be made in the manner pcovi dad herein for the delivery of notices. (d) it is understood and acknowledged by the Developer that the city as ec or la that the provisions of paragraph arenforcabeagainste -2- cjk/AGR52E1 C" -- - — Ln \Jf Ln developer of the Adjacent property and that in no event shall the City be liable to the Developer for the Reimbursable Costs. {. Indemnification. The Developer shall indemnify and hold r ess tthe City and its officers, employees, servants and agents against any liability, claims, demands, damages or costs arising out of, or in any way connected with, the imposition of the charge pursuant to subparagraph 3(b). S. Miscella::eous. (a) Recordation. Upon execution of this Agreement by the part es ereto, either party may record this Agreement or a memorandum thereof in the Official Records of the County. (b) Ilotices. Any notice to be given or other document to be deliver either party to the other hereunder, and any payments to bt made, shall be by personal delivery or by deposit in the United States mail, duly certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended, as follows: To Developer at: TOPA Management Co. 1800 Avenue of the Stars Los Angeles, CA. 90067 Attn: Paul Gienger To City at: City of Moorpark 799 Moorpark Avenue Moorpark, CA. 93021 Attn: City Manager Any party hereto say from time-to-time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Mailed notice shall be deemed delivered on the second day after deposit. (c) Governin Law. This Agreement shale be governed by the law* t o • tats of California. -3- cjk/AGR5281 Ln L, �ti Ln (d) Entire A�raeIMent. - This document contains the entire agree" the parties with respect to the subject matter hereof. This Agreement cannot be modified except by an agreement in writing signed by the party against whoa the enforcement of any waiver, change, modification or discharge is sought. (e) Interpretation. Should interpretation of this Agreement, or and n thereof, be necessary, it shall be deemed that the Agreement was prepared by the parties jointly and equally, and shall not be interpreted against any party on the ground that the party prepared the Agreement or caused it to be prepared. (f) Successors and Assigns. This Agreement shall in all respects bind, and inure to the benefit of, the heirs, executors, administrators, successors, and assigns of each of the parties. (g) Severabilit . The parties agree that if any section, paragra , sentence c* clause of this Agreement is declared by a court of competent jurisdiction to be unenforceable or void by reason of public policy or otherwise, the remaining provisions of this Agreement shall nonetheless remain enforced to the fullest extent permitted by law. (h) Attorne s' teei. In the event a legal proceeding is brough-E-E-y—Ehe Developer or the City for the Z of, or the declaration of rights pursuant to, this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including reasonable attorneys' fees, from the losing party, and any judgment or decree rendered in such proceeding shall include an award thereof. -4- cjk/AGR54e1 -- -- - - `n Lin \ I ' 1 \ Ln 1 (i) Tim of Essence. Tim is of the essence as to each provision Of this reesent. IM NITUSS WMMWt, the parties have executed this Agreesent on the day and year first above written. CITY OZ Ig0itPARR ey s Mayor By: G,LO /B9 I t -s- cjk/AGRS2$1 Ln _y rxj Ln 55525 a � ' t Now VWWAA r _ t s � - - state of California ) County of Ventura ) as. on this J n JtL day of 1L` Aleju—. is the year . before wo Cit11.1.V D. cdneik G kiss k4;r4 (here insert the none and gwlitf of the oft cer) personally appeared ELars E t2AMjA1 , personally knomm to we (or proved to we os the basis of satisfactory svidere) to be the person who executed this last. t as MAYO[ of (here insert title of officer) r ITV nC MnneF? 92 k (naps of the public corporation, agency or Political ssbdivisios) and acknwledged to ne that the r iTY (public corporation, agency or political subdivision) executed it. (� OMCiAL SEAL _Z D O.. 1 1 . l n bw SALLY D GOONS sa+rsr PUK4-u_voaieA WrAld PUBLIC VD"m morn Mg aswa weim As l 1103 C" J� Ln 1 1=31T A- SAID L*V IS SITUATED IN TIE Ca TY OF VENTUiA. STATE OF C4ffcmIA. NO IS DESCRIBED AS FalOWS: _, _,.,;.; ,k t:,: THAT PORTION OF LOT 56, FREAONT TRACT. IN THE CDIMY OF VENTURA. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 3. PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 56. BEING ALSO THE SOUTHERLY LINE OF LOS ANGELES AVENUE. 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE EAST 1% FEET FROM THE NORTHWESTERLY CORNER OF SAID ..uo'.wW THENCE CONTINUING ALONG SAID NORTHERLY LINE. 1ST: EAST 337.38 FEET TO TEE NORTHEASTERLY CORNER OF SAID LOT 561 THENCE ALONG THE EASTERLY LINE THEREOF. BEING ALSO THE WESTERLY LINE OF SPRING STREET. 60 FEET WIDE. 2ND: SOUTH 318.8 FEET; THENCE, 3RD: WEST. IN A DIRECT LINE. TO A POINT ON THE EASTERLY LINE OF THE LAD DESCRIBED IN THE DEED TD MONROE J. TEEL AND WIFE. RECORDED AUGUST 10. 1951, IN BOOK 1014 PAM 444, OF OFFICIAL RECORDS. DISTANT ALONG SAID EASTERLY LINE NORTH RO FEET FROM THE SOUTHEASTERLY CORNER OF SAID UAST-HENTIOED LAND; THENCE ALONG SAID EASTERLY LINE. 4TH: NORTH 318.8 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEIM TO THE STATE OF CALIFORNIA BY DEED RECORDED NJGLIST 17, 1970. IN BOO( 3705. PAGE 440, OF OFFICIAL RECORDS. M� V ' Ln \ � Ln p01I5IT 1 That portion of Lot M of 'tract L of the Rancho Siai, in the City of Moorpark. County of venture, StateS;f California, recorded in Book Page S. of as shown on the slap Recorder Miscellaneous Records, in the office of the County of said County, described as follows: Beginning at the intersection of the centerline Of as Angeles Avenue, and the c ninrllins 30 ?aq�6 of Parcel shown on the sap the ;ups, in said Rscerdir's officer thence, a•6- centerline of said Spring Street. MSouA 0'39'05• East 193.63 feet; thence at right angles, South 59.30'S2• East 54.00 feet to a point on the easterly line of said Spring Street. 54.00 feet vide, as described in Parcel A of the deed recorded 11ovember iS, 1974 as Ducuaent Mo. 76412 in Beek 4736. Page 725 of official Records, in said Recorder's Office, said point being the true point e following two thence, along said easterly .ine by courses: of let - South 0' 39'05• Hest 10:.57 feet tO the beginning deed the curve as described in Parcel C of said deed recorded in Book 4336, Page 728 of official RRecords, concaved northeasterly and having feet, thence, along said curve, 2nd - Southerly and southeasterly 36.73 feet through a central angle of 54.11'10• to the northerly line of said Los Angelo Avenue as described in of Official said deed recorded in Hid 4336.northerly 725 Records; thence, along 3rd - South 63'43002' East 2.01 feet to a point of cusp of a tangent curve to said northerly line ofaLoeaAngeles Avenue, concave northeasterly, having Of V • • �srr s 23.00 feet and being tangent at its northerly terminus with a line that is parallel with and distant 2.00 feet easterly of the at course herein; thence, along said curve. 4th - Northwesterly and northerly 36.73 feet through a central angle of 64'11010• to said parallel line being 2.00 feet easterly of the ]st course herein; thence, along said curve, Sth - North 0.29"05" East 103.77 feet to the e-.rtar!v. prolongation of that course herein recited as "south 59.30OS2" Last 54.00 feet," "as being the beginning of a curve concaved said end having a radius of •05.00 feet; thence along 6th - Northerly 56.76 feet through a central angle of 4.02'23" to said easterly line of spring street; thence, along said easter)f line 7th - south 0.29 OS" west 56.71 feet to the true point of beginning. - ---- IA � Ln ru �'1 cvueir c E'L Y LWE Pgr iCL%l G, '•�'�'• T•lg.?'9' (�} A••2S.00' W 2b O/4t 56 (• .x.u Tr12.SS� 8 ©-,�• ZS. h d•IV'//io" O co T•ILSd' i.N•rr`�rsri• /r�xO a1wlewrlool 0009 4CRE IffffffKt�GL S/Z-o-/S -370 2 /f87,por-4f k . k /✓[Y UAvE iWX 'M Q It O 4JJL D..r 7IS NIJ•/Z CZ"IV .COS /1N6iLLS AYiN�vE �/NG S71If..ET DEO/CATION HR•7oARE0 Bf' ElriNA .4 ~r7AV Qr ZOTA ao RAA4S_rW,e MIS A roCA LrS 7;rAcr L Or 7WE~j, AMI 4NA04L AW16 Z semi C/rY er .*?�OY1 W, A/SyTURA,4ALIO 93003 CovAjrY G1i /Z/Vrm&A 5ra? dtb5•s ss.ro1r tXc nwFVRAI A, OWAF Aw iu s r 1988 S 1",C S u1 un MOORPARK STEVEN KLAW Car law"W SERNARO Car O kt PEREZ CHiERrL J.AMMW kt%w Pm Tore HR CLINT L HARPER.Ph.0. ° PATRICK FpC Alaw d D 1 A.I.C.P. Cerrwrgr Owseipmms PAUL LAWRASON R.DENNIS OAR Cwrdreee�0er Cap&WNW SCOTT MONTGOMERY JOHN V.GILLESPIE Ceunamsdwdw Cher er posse RICHARD T.WARE Cap Tremor CERTIFICATE OF ACCEPTANCE NOTICE IS REMY GIVEN by the City of Moorpark in the County of Ventura, State of California, As follows: That on the 2nd day of August, 19,9, the Reimbursement Agreement relative to 1D-1064 was approved by the City Council of the City of Moorpark. 2. That the name of the political subdivision approving said Reimbursement Agreement relative to PO-1064 is the City of Moorpark, in the County of Ventura, State of Callforsla, -bogie address is 799 Moorpark Avenue, Moorpark, California 93021. 3. That the City Clerk of the City of Moorpark is authorised to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to said City which the City Council has approved pursuant to Resolution No. 65-163 which was duly recorded with the County Recorder of Ventura County. iiC sari�_ LILLIAN�EKUZ City Clerk -WWAWW 790 Moorpnl<Avenue Moorpark.Calfaru 93021 ( ) 5296884 V ' ru RESOLUTION NO. 89-535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. 88-443 FOR THE PURPOSE OF CLARIFYING CERTAIN CONDITIONS OF APPROVAL FOR PD-1064 (TOPA) . WHEREAS, on January 20, 1988, the City Council of the City of Moorpark adopted Resolution No. 88-443 entitled: A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NO. 1064 FILED BY TOPA MANAGEMENT PARTNERSHIP FOR THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, the City Council desires to provide clarification to various conditions of Resolution No. 88-433. WHEREAS, at a regularly scheduled meeting on November 2, 1988 the City Council of said City as an agenda item discussed theses clarifications. WHEREAS, the clarifications do not constitute a modification of an approved project. WHEREAS, the City Council has been duly informed in the matter; has given careful consideration thereto; has determined that the condition clarifications requested do not necessitate the preparation of a subsequent environmental document because the clarifications contained therein will not result in new significant environmental impacts: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the clarifications to various condition of Resolution No. 88-433 described in Exhibit 1 (attached) are hereby approved. SECTION 2 . That in all other respects, Resolution No. 88-433 shall remain in full force and effect. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 15th day of February , 19 89 so Eloise Brown, Mayor ATTEST: Richard Hare, City Clerk (Seal) C C EXHIBIT 1 PD 1064 (Toga) Condition Clarifications 1. PD 1064 City Engineer Condition No. 3C - RCB Box Construction "Prior to occupancy, an approximately 4 foot high by 8 foot wide reinforced concrete box will be constructed along the east property line. The location and design of the RCB will be reviewed and approved by the Ventura County Flood Control District and the City Engineer. This reinforced concrete box will connect to the existing 3 feet high by 5 feet 8 inch wide RCB crossing under Los Angeles Avenue. The new RCB will provide a stub-out where it meets the existing RCB for a future 54 inch reinforced concrete pipe entering from the east. The developer will enter-irate-an-agreement-with the--eitp--ef--Meerpark--te be reimbursed for the construction of this reinforced concrete box from the Los Angeles Area of Contribution Fund suhjeet-te-review and-appreval -bp-the-eity upon acceptance of the work and costs by the City Council The total reimbursement shall not exceed $225, 000. If the AOC does not have sufficient unencumbered funds to reimburse the entire amount upon acceptance by the City Council, the next funds coming into the AOC will be reimbursed to the developer until the reimbursement of $225,000 is completed. Reimbursement costs shall include engineering, construction, inspection, plan check, and permit fees. All .reimbursable costs must be substantiated by Topa. The final decision on the amount of reimbursement shall be made by the City Council. " 2 . PD 1064 City Engineer Condition No. 4a - New Condition "Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, or right of way acquisition on the north leg, and traffic signal modifications at the north and east legs, of the Los Angeles Avenue/spring Road intersection shall be reimbursed by the future developer of the property located at the northeast corner of said intersection. The City will enter into an agreement with the developer of PD-1064, agreeing to condition the future developer of the property at the northeast corner of said intersection reimburse the developer of PD-1064 to the extent such reimbursement is legally enforceable. Topa will pay all legal costs, including but not limited to, attorney fees and . administrative costs incurred by the City to impose and/or enforce said agreement. The agreement will be prepared by the City Attorney, subject to review by the developer. The developer shall pay the City's legal expenses to prepare the agreement. " 3. PD 1064 City Engineer Condition No. ld - Los Angeles Avenue A.O.C. The developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. The applicant shall be entitled to receive reimbursement for costs associated with widening Spring Road from New Los Angeles Avenue south. Such costs include construction, engineering, plan checking, inspection and permit fees. Documentation of actual costs for the improvement of Spring Road along the frontage of the property must be provided by the applicant to the City Engineer for review and approval. The total reimbursement shall not exceed Topa's total AOC contribution amount. All reimbursable costs must be substantiated by Topa. The final decision on the amount of reimbursement shall be made by the City Council. 4. PD 1064 City Council Condition No. lg - Utility Undergrounding Prior to occupancy, the utility poles located on Spring Road, one each at the northeast and south east corner of the site shall be removed and power underground to the nearest off site utility pole. The existing street light on the Los Angeles Avenue frontage shall be removed, and replaced if required by the City Engineer with an appropriate light standard. CL: ls JN 30568 CMO1104 .RSO