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Home My WebLink AboutAGENDA REPORT 1996 1016 CC REG ITEM 07SAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Steven Kueny, City ManagerA DATE: October 10, 1996 (CC Meeting of 10/16/96) ITEM 7. S. i f�f 1 1:2 ..I SUBJECT: Consider First Amendment to Settlement Agreement and Mutual Release Pertaining to the Carlsberg Specific Plan DISCUSSION: On October 2, 1996, as part of the action to approve Tentative Tracts 4975, 4976, 4977, and 4980 for the Carlsberg Specific Plan, the City Council included a condition of approval for payment of a fee in -lieu of providing private on -site recreational facilities. The condition provided that a fee of $400 per lot would be paid for each tract at such time that the developer sells the tract to • successor or at the time the first zone clearance is issued for • residential building permit (excluding models) in the tract. It also provided that commencing on January 1, 2002, the fee would increase by one -half of 1 percent (0.5%) per month on any fees not yet paid. It further provided that the City, in its sole discretion, could expend the funds to provide community recreation facilities and that the payment of the fee represents payment in full for providing private recreation facilities in these four (4) tracts. No other condition for providing private recreation facilities can be imposed on any residential plan development permit for these four (4) tracts. This Amendment to the Settlement Agreement implements the condition. STAFF RECOMMENDATION: Approve the First Amendment to Settlement Agreement and Mutual Release and authorize the Mayor to execute on behalf of the City. SK:db c: \ccagenda \agnda10.10 ooul + 10/09/96 12:27 8`1 213 2362700 BW &S ',A MAIN 1.AX2:166296,1 FIRST AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE This FIRST AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( "First Amendment ") is made by and between Conejo Freeway Properties, Ltd. ( "Conejo"), a California limited partnership, and Simi - Moorpark Freeway Properties, Ltd. ( "Simi ") , a California limited partnership, hereinafter collectively referred to as "Plaintiffs ", and City of Moorpark ( "City ") and City Council of the City of Moorpark ( "City Council "), hereinafter collectively referred to as "Defendants ". RECITALS WHEREAS, on September 7, 1994, Plaintiffs and Defendants executed that certain SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( "Settlement Agreement ") relative to Plaintiffs' claims against Defendants arising from (i) the allegations contained in Ventura County Superior Court Case No. 115029 and (ii) Condition No. 31 of Parcel Map No. 3828; and WHEREAS, the Settlement Agreement became effective upon the effective date of the amendment of the Carlsberg Specific Plan ( "Amended Specific Plan ") and related documents; and WHEREAS, pursuant to paragraph (2) of subsection b. of Section 5 of the Settlement Agreement, Plaintiffs agreed to dedicate certain park land and nature preserve land to the City and to make certain improvements to the park land (collectively "public recreational facilities ") in satisfaction of the "Quimby" requirement set forth at California Government Code Section 66477 gt sa . for all subsequent subdivision maps within the Amended Specific Plan area for a maximum of 552 residential units; and WHEREAS, Conejo applied for approval of Tentative Tract Map Nos. 4975, 4976 and 4977 within the Specific Plan area and Simi applied for approval of Tentative Tract Map No. 4980 within the Specific Plan area (collectively "Tentative Tract Maps "), which applications were deemed complete on or about August 5, 1996; and WHEREAS, on or about August 12, 1996, the Planning Commission of the City recommended the conditional approval of each of the Tentative Tract Maps, which conditions included a requirement that certain private recreational facilities be provided in addition to the public recreational facilities; and -1- a G 4 0001,43 TALI n°5 I Mee nn- 4 7 4 "]47 ^]7L' r AM mnnc nn 10/09/96 12:28 001 213 2362700 BWP<S ",A "1A I K LAX216629k I WHEREAS, a dispute has arisen between Plaintiffs and Defendants as to whether Defendants are precluded by the Settlement Agreement, the Amended Specific Plan or Government Code Section 66477 et peg. from requiring private recreational facilities within the Amended Specific Plan area, which dispute the parties desire to settle and compromise pursuant to Condition No. 4 of Tentative Tract Map Nos. 4975, 4976, 4977 and 4980, which Tentative Tract Maps were approved by the City Council on or about October 2, 1996, and by an amendment to the Settlement Agreement; NOW, THEREFORE, Plaintiffs and Defendants agree as follows: The Settlement Agreement is hereby amended by the addition of paragraph (8) to subsection b. of Section 5 to read as follows: 11(8) Plaintiffs shall pay a recreation facilities fee ('the Recreation fee') in lieu of providing private recreation facilities in Tract Nos. 4975, 4976, 4977 and 4980. Defendants may expend the Recreation Fee in their sole and unfettered discretion to provide community recreation facilities; provided, however, payment of the Recreation Fee represents payment in full for providing private recreation facilities in Tract Nos. 4975, 4976, 4977 and 4980. "The residential planned development (RPD) permits to be filed for Tract Nos. 4975, 4976, 4977 and 4980 shall also include a condition for payment of the Recreation Fee. Defendants agree that no other condition for providing private recreational facilities shall be imposed on any RPD permit for the aforementioned Tracts. "The Recreation Fee shall be $400.00 per lot and shall be paid for each Tract at such time as either Plaintiff sells the Tract to a successor or at the time the first zone clearance is issued for a residential building permit (excluding models) in the Tract, whichever occurs first. Commencing on January 1, 2002, the amount of the Recreation Fee shall increase by one - half of one percent (0.5 %) per month (monthly indexing) on any Recreation Fee not yet paid." This amendment shall become effective upon the date last below written. Executed at Moorpark, California, on the day of . 1996. -2- Z 003 000144 Tnu n� Inn nn • . n 9 ni Z 7ZG7•7rArA On= MZ 10/09/96 12:29 %`1 213 2362700 BW &S LA MAIN PLAINTIFFS Conejo Freeway Properties, Ltd., a California limited partnership By: Land Researchers, Inc., a California corporation, the general partner By: President Simi - Moorpark Freeway Properties, Ltd., a California limited partnership By: Land Researchers, Inc., a California corporation, the general partner By: President DEFENDANTS City of Moorpark, a municipal corporation By: Mayor City Council of the City of Moorpark By: Mayor Attest: LAx2. 166299,1 -3- City Clerk Z 004 000145 10/09/96 12:30 $1 213 2362700 BW &S ''-A MAIN STATE OF CALIFORNIA ) ss COUNTY OF VENTURA ) On before me , personally appeared personally known to me (or 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 ho /sha /they oxooutod the name in hia /her /their autharized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature L1XI166298.1 -4- (Seal) NAM O V l.46