HomeMy WebLinkAboutAGENDA REPORT 1991 0624 CC ADJ ITEM 11FMOORPARK
799 Moorpark Avenue N orpark California 93021 (805) 529 -6864
MOORPARK, CALIFOR^
Gty cormll/Meeting
of_ey -J_ 195.......
ACTION*
'11OORPARK, CALIFORNIA
City Council Meeting
of 199
A C d �j5,,
225 4,11
MEMOR� NEI„IM
To: Honorable City Council
From: Patrick J. Richards, Direct( of Community Development
Date: June 14, 1991 Y,
Subject: Status of PD 1066 (Liston) Minor Modification
Discussion
On Monday, June 10, 1991 Mr. Tom ;usnman, representing the applicant
(Leonard Liston), arrived at City Hii to obtain a Compliance Review
(occupancy approval) for PD 1066. Tf , applicant requested that occupancy
be granted without an agreement bein(,,, signed because outstanding issues
were between the Car Wash and Shil�. h Church. Mr. Cushman was advised
that before a Compliance Review cot. +:a be approved, all processing costs
would need to be paid and an agreement to maintain the new Church
landscaping would need to be signed �letween parties. When the applicant
was asked to pay the processing cos" 7 he refused and stated that he did
not want to pay if the occupancy col id be held up due to the church not
signing the agreement. He indicated !hat when the agreement is signed
(and all other conditions met) he vrc I r)ay the processing costs.
The written agreement between the
maintenance of the new Church lane
Council. Staff required that the
maintain a record of who was respo
concern is the maintenance of the trf
property. Any other items which ar(
the discretion of tho Car !,Nash own(.-r<,
;ar Wash and the Church for the
caging is not a requirement of the
agreement be put into writing to
-.aible for maintenance. Staff's only
�s teat vvere planted on the Church's
Xhidec within an agreement are at
h i rch .
PAUL W L4WRASON JR BERNARDO M PEREZ 40Y E TALI[Y JR JOHN E WOZNIAK
Mayor Vt iynr P,o 7, rn ouralme nner Councilmember
As of June 14, 1991 the following itFams need to be accomplished before
occupancy can be granted:
1. All processing costs in cor .jnction with the Minor Modification
need to be paid.
2. A written agreement betwee the affected parties regarding the
maintenance of the landscapin(I cn the Church's property must be
reached.
3. All agencies must sign off c the project. As of this date only
building and safety has done si Water, Sewer, Fire, City Engineer
and Planning have yet to grant ipproval The Church has raised the
issue of inadequate off site drairage which will need to be
investigated by the City Engiree before :occupancy can be granted.
As of the date of this report the Car V- ash owners and the church are at an
impasse regarding the signing of y agreement. Both parties have
created written agreements which are attached to this report.
Staff Recommendation
That the City Council continue this Yiatter antil the Special Meeting of
June 24, 1991
Attachment:
Agreement forms from Church and Car Nash
June 13, 1991 letter from Pastor Hale
ShiloYi Commij riity Church
1.23 Park Lane, Moorpark, C' 93021 (805) 529 -5577
a
June 13, 1991
Mr. Patrick Richards
Director of Community Development
City of Moorpark
799 Walnut Canyon
Moorpark, CA 93021
Dear Mr. Richards
I want to take a moment of your time if I miy to fill you in on the current status
of PD1066 (Liston Car Wash). We want noths,g more than to have the issue resolved
so you, we and they can get on with our ott -r business.
Our understanding was that the owners of Morpark Car Care, Inc., were to submit to
certain decisions handed down by the counc� , INCLUDING signing a settlement
agreement with the church.
We drafted an agreement because it was our .roperty that was trespassed. It
includes virtually word for word what the c,ty is requiring that involves the
church, footnoted with copies of city docum -nts and signed letters, verifying that
what we are asking is what the city has alt ady ;required.
We want to have the issues already addresse. by the Council that involve us included
in our agreement. This is for our protect: a,
The Settlement Agreement we drafted was de] vered to Craig Malin at City Hall, and
to Mr. Liston during the week of May 20th.,, Whea city staff was contacted, I was
told that the agreement was acceptable to .i em. Or more than one occasion we
contacted Mr. Liston inviting discussion. le received no response.
Then last Thursday we were presented with eir proposed agreement. In effect it
says, "What we have done is what we are go 3 ti do, PERIOD."
It has appeared to us that their intention! ac— to go ahead with everything else -
ignoring us - and then say to the council "cmt, an, you can't hold us up over a
silly agreement with the church.." Now it p =,, hat this is exactly what is
happening.
We wonder why they are unwilling to sign ai ic-,.meat that simply reiterates what
the council has already said they must do, :ic waat they have already agreed to.
The only reason we can come up with is t[iai r- `;a,e no intentions of abiding by
them.
C, ' iK
After the Counsel voted not to hear the is:
speak with Mr. Liston and Mr. Cushman outs.,
they would not sign our proposed agreement
us was what they were willing to sign. wht
hopes of reaching an agreement, Mr. Liston
counsel against them, and of blackmailing
discussion, Mr. Liston said we were unreasL
discuss. Mr. Liston and Mr. Cushman turne
City Planning Department was present duiin.
There are a couple of specifics that we arm
addition to those in our proposed settlemeI
1) The wall and landscaping on our propert
according to the plans we were given h%
lined with railroad ties. Only one i.6
property is badly scarred.
2) The paint, especially on the buildings
eyesore. Mr. Liston told me that it way
3) Street drainage is a large problem. I,
existing street, where their property
is at least 6 inches lower than ours.
our road to divert it into the field d
problem without solving the first one
surface of our road has been damaged a�
The church requests that the Counsel direr,,
to approve the Minor Modification, or grant
and a Settlement Agreement is signed.
Page 2_ of _2
e a- the meeting on June 12, I tried to
e t-1,_ Counsel meeting room. They said
Th_y said that the agreement they sent
we sou:ht to discuss the matter in
ccus =('I s of being in collusion with the
es.. As we continued to ask for
abl- any; that there was nothing more to
ar.d walE,ed away. Craig Malin from the
"I -_ s - oz vei sation.
c:- ' -,-rn,-d with that have arisen in
a 'o_emt nt :
1_.e, ;.lthough nice, is not finished
!fr. piston. Both of the beds were to be
Ca )f the trees planted on our
.ci.g u .s very streaky and is an
fin-shed as is.
)ri-r to continue the fall of the
ae ,.nds and ours begins, their elevation
its creates a lake. They have cut away
east of us, but that causes another
"h= 'akt still remains, and the sealed
° as lirt, or mud when it gets wet.
>ti f t check into these items, and NOT
,c-ipan:y until these items are resolved
Thank you very much for your time and ccnsi era :i::)n
Si erely,
Errol Hale
Pastor
COMPROMISE SETTLEMENT AGREEMENT
THIS COMPROMISE SETTLEMENT AG
as the "Agreement ") is made and
day of ,
COMMUNITY CHURCH OF MOORPARI
(hereinafter referred to as "Sh:
OF THE PACIFIC SOUTHWEST (herei_r
and MOORPARK CAR CARE, INC.,
known as MOORPARK CAR WASH (here .
in the singular as "Car Care'
referred to individually as
(hereinafter referred to indi,
intended as a compromise settlem(
parties with respect to the
below.
REEMENT (hereinafter referred to
tered into this
19 9 1 , by and between SHILOH
a California corporation
oft'), AMERICAN BAPTIST CHURCHES
ft(�r referred to as "ABC ") ;
a California corporation also
af?.er collectively referred to
1,rONARD I. LISTON (hereinafter
i.i %on' , and THOMAS CUSHMAN
d i i.1 1} as "Cushman ") , and is
t of t tie disputes between the
c° ar.i circumstances described
STATEMENT iF FACTS
The parties hereto contract. th ref,�rence to the following
facts:
A. ABC is the owner of
commonly known as 123 South Park
and more particularly describ(
(hereinafter referred to as the
Property is shown as Assessor
Assessor's Parcel Map attached he
B. ABC has been the owner
year 1959 and the premises and
used as a church since that dat(
C. Shiloh is the owner of
Church Property pursuant to
1985 by and between ABC and Shi
D. Shiloh is a religious
(state in fee to property
ar-ie, Moorpark, California 93021
)n Exhibit "A" attached hereto
hii -ch Property "). The Church
Number 506 -0- 050 -150 on
�3: Exhibit "C".
:te Church Property since the
have continuously been
1(�aseh, ,)ld estate in and to the
ea3e Agreement dated January 1,
p) ^at..)n currently using the
Page 1 c), 4 'agfrs
I s r,
Church Property, the premises, a J facilities as a church.
E. Car Care is the record
to property commonly known as
93021 and more particularly desc
hereto (hereinafter referred to
Care Care Property is show
506 -0- 050 -1.40 on the Assessor s
Exhibit "C ".
7
itle owner of an estate in fee
Far}: Cane, Moorpark, California
i.bed. _n Exhibit "B "- attached
the Car Care Property "). The
as P,ssessor's Parcel Number
�rce, Map attached hereto as
F. Car Care is a Califo riia corporation with officers
comprised of Cushman as Presider, and Liston as Vice President.
G. Cushman and Liston are
are currently engaged in the dev
by constructing a full - service
which includes the sale and st.o:r:.
products (hereinafter referrec
H. The Church Property
contiguous parcels of land. Thf
Care Property abuts and adjoins
Church Property forming a c.:,
respective parcels of` property i
Map attached hereto as Exhibit
I. The Church Property ars
separated by a column of t rc
adjoining boundary between the r
coterminous owners, these trey
between the Church Property
(hereinafter referred to as "Lir
existed on the Land of the tw(:
both owners in c:.ommor:.
J.
himself,
City of
Council,
employee
On or before October
Car Care, and Cushman,
Moorpark for the al;
Planning Commission,
s and /or ci.t :y departmen
Jilder� and entrepreneurs who
lapment of the Car Care Property
car wash and automobile center
le of gasoline and petroleum
as t h� "Project ') .
i the Car Care Property are
scutherly boundary of the Car
re no- therly boundary of the
'7cn oundary line between the
shDwn on the Assessor's Parcel
tqe Car Care Property were
LDcar:ed along the abutting and
ypecti,Je parcels of land. As
f Drme(: the common boundary line
C t: ,,,e Car Care Property
Tr,Des ). The Line Trees which
ter'mi.ous owners belonged to
1S8', Liston on behalf of
ibrnit.ted an application to the
°ov31 cf the Project by the City
<,nj ether appropriate city
7Lor ipplicati.on, the Project
Page 2 4 >,; 'lk
k
was thereafter entitled "Plannt -1 Deveiopment Permit No. PD -1066
(Liston)" (hereinafter referred i a7 "PD- 1066 ").
K. In association with the
the Project and for the expre.
project" and protecting its
automobiles, Liston, on or a;
provide subcontractors and equ
parking lot located on the
right -of -way to the southeaster)
Property, one -half street 11).
hereto).
L. After modification and
Moorpark City Council adopted
about February 3, 1988, which re
PD -1066.
tev��lopment and construction of
par poses of creating a "better
ut..ire customers and their
>ut November 20, 1987,- agreed to
)merit to grade and pave the
iur:h. Property as well as the
p.r :)per ty line of the Church
Jr-1. (See Exhibit "D" attached
revision of the Project, the
Resolution Number 88 -444 on or
1i_ion conditionally approved
M. On or about December 12 1199C, the Moorpark City Staff
approved Zoning Clearance Numi,r 90 -446 which authorized the
development and construction of ,e ?ro ;ect.
N. On or about March 6, 19
aware that approximately elev«
varieties which were to be pre:
approval of PD -1066 by the Moorp,
in the Resolution Number 88 -444
Care, Cushman, and Liston in co
construction of the Project. {;a.
attached hereto).
0. Approximately six (6)
removed by Car Care, Cushman,
Exhibit "E" and Exhibit "F" at.t.<i
P. The removal of the matt,
without prior consent of ABC, ;;I
was in violation of the condit.ic
the Moorpark City Council and _i�
fte City of Moorpark became
(1.1 mature trees of various
r. ✓�a. as a condition to the
rk _'it %, Council and as set forth
r� adr)ittedly removed by Car
e - :,i.o>> with the development and
:,0i.} it. "E" and Exhibit "F"
she mature trees (Acacias)
.n i L.A.: ton were Line Trees. ( See
Lncluding the Line Trees
L> i, mold the City of Moorpark
Lh-- approval of PD -1066 by
in Resolution Number
Page 3 _)- 4
88 -444, Moorpark City Tree
statutory law, and California ca
Exhibit "F ", and item D(1) of E.x
Q. On or about March 8, l9
"Stop Work Order" on the project,
matter concerning the unlawfu .
including the Line Trees. (See
. ,
U.rJinance Number 101, California
e precedent. [See Exhibit "E ",
_bit. 'i;" attached hereto].
R. During the process of s,
from the governing bodies of t
of the development and constru
issues and disputes have ar.:,.
Cushman, and Liston, as adjoinin
governing bodies of the City of
have arisen include the ahem,,,
trees, hours of operation, a
landscaping and landscaping plari .
advertising, sale, and storage
products.
S. On or about March 13, 1
after oral argument at their
addressed the above - mentioned
upon Car Care, Cushman, and List-
seven (7) conditions which were
in order to lift the "Stop Work
accepted all of the conditions a
Council. Minutes of the Moorpai_
the seven ( 7 ) conditions and r.; ='c_
are attached hereto as Exhibit
T. On or about April 17,
Liston submitted to the City of
Development a document entitle(i
Planned Development Permit No. i
Park Lane, Moorpark, Californ
Liston accept and agree to al
above - mentioned conditions in1
the City of Moorpark_placed a
)ending final resolution of the
removal of the mature trees
hioj.t "E" attached hereto).
wring the requisite approvals
--it.y of Moorpark and as result
iDn if the Project, various
,n be °:weep Shiloh and Car Care,
landowners, as well as with the
,10 D rpa.: k . The disputes which
me:!- t..ic:ned unlawful removal of
oi3E, attenuation block wall,
11c; Conditions relative to the
f 1a.scs 1 ine and other automobile
1, the Moorpark City Council,
regularly scheduled session,
ssies and disputes by imposing
(is applicant under PD -1066)
D? :satisfactorily satisfied
r4+r" At that session, Liston
i npose d by the Moorpark City
'L _.y (' )uncil session containing
i l,f �_ :,ton's acceptance of same
.ar Care, Cushman, and
Director of Community
Reque: t for Minor Modification,
l k,S , Moorpark Car Wash, 75
.r}lerE, iii Car Care, Cushman, and
o.- substantially all of the
e Ly .he Moorpark City Council
Page 4 t 4 la 1E. s
on or about March 13, 1991. A py of said document is attached
hereto as Exhibit "H ".
U. It is the desire of AB
protect their property rights
Property as well as to engage
guaranteed religious services
with quiet enjoyment; free
interferences, distractions, an
limited to noise, traffic, and
V. It is the desire of Car
develop the Car Care Property
permissible under the law by con
market going- concern which w.i
services as well as emplo
realization for themselves, the
within the community of Moorper',
W. It is the desire of the
health, safety, and welfare
economic growth within the comet
aesthetic beauty and tranquil
simultaneously securing the indi
ABC, Shiloh, Car Care, Cushmar i
X. It. is the desire of
complete, and final settlement o
facts and circumstances as s,
future amicable communication be
benefit of both the individuals
and Shiloh to preserve and
and. interests in the Church
I and conduct their lawfully
within the community of Moorpark
from unreasonable extrinsic
disturbances including, " but not
or hazardous waste pollution.
.are, Cushman, and Liston to
the highest economic potential
ructvir�g and establishing a free
pro�,ide socially desirable
gent pportunities and income
families, and other people
ity of Moorpark to protect the
the public as well as to foster
city ,Yithout jeopardizing the
.y Df the City of Moorpark while
.dual .Nights and interests of
[As tl n.
1 pa_i- ties to reach a full,,
all matters arising out of the
for-�.h herein and to encourage
.aeern tree parties; all to the
is 'lie c(Dmmunity.
TERMS AND _)NDITIONS
NOW, THEREFORE, in considers on of the mutual promises and
covenants herein contained, the irr.;ies agree as follows:
1. STATEMENT OF FACTS,
Page 5 :) , 4
A. It is hereby agi3ed that the above - recited
Statement of Facts are incorpor� ed herein by reference and made
a part hereof.
2. HOURS OF OPERATION
A. It is hereby agreed that the car wash and
automobile center will not open L,iti_,. 12:00 noon on Sundays so as
not to disturb or disrupt the se icES of Shiloh.
B. It is hereby agr:,ed that the above - mentioned
limitation on hours of operati(: will be in effect only so long
as the Church Property is used a a c hLlich
3. WALL
A. It is hereby agreed that: Car Care, Cushman, and
Liston will erect an attenuated k; :)ck was.l for the purposes of
noise, wind, and pollution abatem it..
B. It is hereby agreed --hat the block wall will be
located upon the Car Care Proper � and will be erected along the
entire southerly boundary line o� ::he c."ar Care Property adjacent
to the Church Property.
C. It is hereby agreed
minimum of eight (8) feet ir h, .
will begin at the southwesterly
and will diminish to a minimum
proceeds in an easterly direction
Car Care Property adjacent to t:: he
_hat the block wall will be a
,.ght at its highest point which
'ner of the Car Care Property
yf six (6) feet in height as it
iloncj the boundary line of the
'parch Property.
D. It is hereby agreed hay the specific: dimensions of
the block wall will be determiri+ � Dy the City of Moorpark,
Director of Community Developmerr
E. It is hereby agreed har_ the block wall is either
presently completed or in the 1 of construction and is in
conformity with the requirements t 7,.�-rth above.
Page 6 of
y
F. It is hereby agree that the block wall which is
either presently completed or ir: Lhe process of construction will
remain in its current location the Car Care Property.
4. PRODUCT DELIVERY, STORA E, AND ADVERTISING
A. It is hereby agree that no delivery of any kind
will be made between the hours AM p.m. and 6:00 a.m.
B. It is hereby agree that the gasoline pump islands
will be limited to three (3) it aumber and that no more than two
(2) gasoline delivery pumps w; p installed on each pump
island.
C. It is hereby agree
display of any automobile prc
limited to oil and anti - freeze,
D. It is hereby agree-
will be made part of an o%
program will be approved by the
Community Development prior to
car wash or automobile services r
that there will be no outside
_rc is for sale including, but not
r_he r than for gasoline sales.
that rll gasoline price signs
call A gn program and said sign
..tj o Moorpark, Director of
in firnt occupancy of either the
..: c i '1g
E. It is hereby agree than all necessary permits to
store and sell flammable liq WE will be obtained from the
Ventura County Fire Depart.me on the Ventura County
Environmental Health Department
F. It is hereby agree that no advertising will be
installed on the gasoline per ns excopt such advertising as is
related to gasoline sales.
G. It is hereby al oed that any deviation or
modification of the requiremn LE set forth above will require
prior approval from the approp r E cl v rnAg bodies of the City
of Moorpark.
Page 7 i4 Pag.s
5. GASOLINE SALES
A. It is hereby agree that- gasoline sales will be
conducted only with the wash rig of � person's vehicle (i.e. -
only those persons receiving car- iashes can purchase gasoline).
6. COSTS
A. Subject to fut re waiver, agreement, or
modification by the governing bodies of the City of Moorpark,
Car Care, Cushman, and Liston he sby agree to be responsible for
those costs as outlined witty Exhibit "G" and Exhibit "H"
attached hereto, to wit:
1. Comply fully
reimbursement costs per the City
101). [See item D(1) of Exhibit,
2. The applicant..
City for all costs incurred as
any deficiencies in the plannin
7 of Exhibit "G" attached hereto
3. Reimbursemen-
costs encumbered relating to
approval of the "Request for Mo
attached heretoa.
nth all remedial and punitive
nree Ordinance (Ordinance Number
'G" attached hereto).
,:c ne 1equired to reimburse the
i reut of the tree removal and
costs for processing. (See item
o the City of Moorpark for the
hje preparation, processing, and
ft.at.on ". (See Exhibit "H"
7. LANDSCAPE PLAN AND LAND! ;'APING
A. It is hereby agree(
Liston will submit a revised
Moorpark, Director of Community
appropriate governing bodies of
tn3t Car Care, Cushman, and
landscape plan to the City of
valopment for approval by the
e 'i tl of Moorpark.
B. It is hereby 39: ei that the above - mentioned
landscape plan will also be j t t) approval by Errol Hale,
Pastor of Shiloh.
Page 8 14�a��F
C. In addition to an,, other requirements imposed upon
Car Care, Cushman, and Liston b�, the governing bodies of the City
of Moorpark relative to the lane.- ;cape plan and the landscaping of
the Project, it is hereby agre(�( that the landscape plan will
provide for the landscaping of portion of land along the entire
common boundary line between the respective properties and
located on the Church Propel y, south of the above - mentioned
block wall (hereinafter refers( 1:) C:s the "Shiloh Landscape
Site ").
D. It is hereby agree
Liston will provide the landsc,.
pursuant to the landscape plan
all costs involved in providing
not limited to the costs of c:)r,�
materials.
E. It is hereby agree
Shiloh Landscape Site will
inch box trees in 3 foot 8 in-I,
that
�inq to
d wil]
aid I
a , c;r.,
Car Care, Cushman, and
the Shiloh Landscape site
be solely responsible for
ndscaping including, but
labor, equipment, and
that the landscaping of the
clude :3 minimum of eight (8), 24
Y 4 fc )t. planters.
1. The trees Sri.. t:)f? Fl -,us or like variety or
any other species of tree ;r +.od 1pon by all of the parties
including the City of Moorpark.
2. It is heresy ,greed chat Shiloh will select
the specific trees utilized r1 the landscaping of the Shiloh
Landscape Site.
F. It is hereby agref
Shiloh Landscape Site will inc:
above - mentioned trees as well
planter will be positioned alor
between the respective propert.
Property, south of the above -r, e,.
1. The planter-
ties which are compatible ,,ii,,
Church Property and said plan,.(
!,hat the landscaping of the
.do a long planter, enclosing the
1S t-Y, existing trees, which
t.}le enntire common boundary line
aric located on the Church
i crr C_ l dock wall.
5c constructed from railroad
to e:�:.isting landscaping on the
a
11 11 in the dimensions as
Page 9
above - mentioned and as shown )r. the revised landscape plan
submitted to the City of Mc:, spark, Director of Community
Development.
G. It is hereby agree that the landscaping of the
Shiloh Landscape Site will incl de gazanias or other like ground
cover agreed upon by all of the parties and will be located
within the above- mentioned plans:
H. It is hereby agree that. the landscaping of the
Shiloh Landscape Site will i ,lude climbing vines of a type
mutually agreeable to all of t: , parties and which will be
located on the above- mentioned �- ;ck wail.
I. It is hereby agree,
Liston will be responsible
maintenance and irrigation o*
landscaping located on the Shi .
not limited to the cost of labor
and replacement of trees, ground
8. RESTORATION OF PROPERTY
that:. Car Care, Cushman, and
the continued and on -going
all {f the above - mentioned
,h Landscape Site including, but
prani)g, fertilization, water,
ce✓ =r, vines, and planters.
A. It is hereby agree that. Car Care, Cushman, and
Liston will restore to its ori, nal condition the right -of -way,
one -half street in width, to ate3 it and adjoining the
southeasterly property line ( the church Property as well as
grade said property for water rti: off drainage) in connection
with any paving of the Car Care op�rt. ".
B. It is hereby agree,
Liston will restore to its ori.g
or other standards previously e.rt
of abrogating truck traffic,
personal property of Shiloh dis
development and construction cat
that. Car Care, Cushman, and
wal condition any posts, chains,
to l by Shiloh for the purposes
r generally any other real or
In connection with the
Page 10 (, 11 pa(i - - s
9. PAVING
A. It is hereby agree: that Car Care, Cushman, and
Liston will fulfill the obl.at.ions to pave the parking lot
located on the Church Property a wE'l.l is the right -of -way to the
southeasterly property line of Lhe Church Property, one -half
street in width, as described Paragraph K of the Statement of
Facts and as recited in the lets r_ ag.reoment attached hereto as
Exhibit "D "' (hereinafter refer -r( tc as the "Paving Project ").
B. It is hereby agreEj. that Car Care, Cushman, and
Liston will be responsible r r. all costs, except the cost of
materials, involved in the Pay., 3 Prclect including, but not
limited to subcontractors, grid I and equipment.
C. It is hereby agrE -. d that Shiloh will personally
supply the materials involved it tJE Paving Project.
D. In order to ensure
acceptability of the performance
agreed that Car Care, Cushman,
approval of Shiloh, a minimum cai
their obligations as outlirner
estimates will include itemized
as descriptions o' the degi
Project.
quality of craftmanship and the
of iLs obligations, it is hereby
ar a :[,iston will solicit, for the
:)
estimates in connection with
r paragraph B above. The
)mrosit.e cost breakdowns as well
'L (aid dimensioris of the Paving
E. It is hereby agree tr.at,, whenever possible, any
equipment required to be rentetlJ )r leased in connection with the
Paving Project be so rented leas(,d from Baker Tool and
Equipment, a reputable local k)u .E > =s
F. It is hereby agree
completed no later than 120 day
Agreement.
10. MISCELLANEOUS
that the Paving Project will be
f c l l ()wing the execution of this
A. if any party to t, Acji-eoment or any assignee of
Page 1 1 14 11a ;e
any party hereunder shall bring ny action at law or in equity to
enforce or interpret the pro Lsions hereunder, the prevailing
party shall. be entitled to recov,,r actual attorney's fees and all
costs and expenses in connection with, ttie action in addition to
all other relief to which the pr rai.lincj party may be entitled.
B. This Agreement or
herein shall be construed an
laws of the State of California
ny other agreements referred to
enforced in accordance with the
C. Any action at law, suit in equity or judicial
proceeding for the interpre ation or enforcement of this
Agreement or any other agreemen referred to herein or any
provision of this Agreement or any otrier agreements referred to
herein shall be instituted only i the ourts of the County of
Ventura, State of California.
D. This Agreement and any other agreements referred to
herein shall be binding upon and inure to the benefit of the
heirs, executors, successors„ and a- signs of the respective
parties hereto.
E. Each party hereto X11 ext +cute and deliver any and
all documents and perform any a f all acts and things necessary,
appropriate, convenient, or hel ful t effectuate or further
evidence the terms of this Agree rt.
F. The subject headin 7 :)f the paragraphs of this
Agreement are included for purpc �s Df .-onvenience only, and will
not affect the construction cr nterp-etat.ion of any of its
provisions.
G. If any part of thi
competent jurisdiction to be voi
of this Agreement will remain a-
H. No waiver of an
Agreement will be deemed or wil
provision, whether or not
Agreement is held by a court of
or unenforceable, the remainder
ull f.,:rce and effect.
:)f :he provisions of this
onst.i °ute a waiver of any other
rril�- r nor shall any waiver
Page 12 14
constitute a continuing waiver_.
I. This Agreement w:i 1 be construed to have been
jointly drafted by the parties- tiE�i- etc and any uncertainty will
not be construed more strong1v ainst .iny party hereto.-
J. Time is of the es:- nc:E! fc r- the performance of each
and every covenant and the at.isfaction of each and every
condition contained in this Aqr+ im!r,t_..
K. This Agreement c
between the parties hereto wit.
to herein. No other prior or cc
written, respecting such mat -er
incorporated herein will bo
any of the parties hereto.
ntairis the entire agreement
x- espect to the matters referred
t :fTmporaneous agreements, oral or
which are not specifically
timed t3 in any way exist or bind
IN WITNESS WHEREOF, the ndersidned have executed this
Compromise Settlement Agreement s c,f the dates below.
Dated:
Dated:
, 19
, 19
Page 1
AMERICAN BAPTIST CHURCHES
UF_THE PA IFI SOUTHWEST
SHILOH COMMUNITY CHURCH
OF WO -RPARK
Frro Ha e -
Cor y Sc mautz
4 'asses
Dated: , 19___ MOORPARK CAR CARE INC.
AKA M RPARK CAR WASH
Dated:
, 19
TT omas Cushman
'' _t IE� : President
Leonard Liston
7-tie: Vice President
Thomas Cushman
Dated: _ f 19
eonar is ton
Page 14 14 Pa :es
-1
June 3, 1991
City of Moorpark
Director of Community Planninci
799 Moorpark
Moorpark, California 93021
SUBJECT: MOORPARK CAR WASH, 7'� 'ARK L,3%E, MOORPARK, CALIFORNIA
Gentlemen:
As stipulated by the City of y< >
for modification by Moorpark
conditions relating to the adj,i,
Church, 123 Park Lane, have hef�
The property line separation w<t
(75 Park Lane) and the Shiloh C.
Park Lane) has been extended t.c:
extent indicated on the appro.,E�
planter was constructed on the
adjacent to the property separ,i
approximately four feet wide -ii,,
seven 24" box trees. The tree:
The planter is outlined with r,,
existing planters on the prop <,,
within the planter is within
landscape plan
The undersigned property owner_,
tain the planter and enclosed
access for said maintenance is
Community Church property. If
denied in the future, the mai-ti,
scaping will become the respc), :.
123 Park Leine, Moorpark, Calif
part. n regard to the request
Care, Inc., the following
nt. Fri perty, Shiloh Community
c )npI1 t c .
oetwien the subject property
nmuni t.,, Church property ( 123
haight of eight feet to the
landscape plan. The landscape
ai1_)h Community Church property
C H,a I. The planter is
E; f F, t: in length and contains
r arl evergreen ficus species.
r : id which match the
i tndscapina installed
)i D � ance wi t h the approved
f IL; ark Lane agree to main -
d_ > -ap n,l of trees as long as
a z'e_t b the owner of the Shiloh
c A is not attained, or is
a- .E- f the planter arid land -
it� the prcperty owners of
June 3, 1991 — -
Page 2 -
This letter shall serve as our lreemeit to maintain said land-
scaping upon the acquisition o' ; main'enance access easement
from the undersigned owners ct Prim Lane.
IN WITNESS WHEREOF, the unders-
as of the dat.ef; heicw.
Dated: a
Dated.
Dated. 4_4_7z4z__
red r+ae e.ecuted this agreement
NMERICAN BAPTIST CHURCHES OF
FHE PACIFIC SOUTHWEST
1+ JHILOH COMMUNITY CHURCH OF
'10OR PARR —
Errol Ha]e
"orbv Schmautz
'10ORPARK CAR ('ARE, INC.
Thomas Cushman
1 President,
Leonard Liston
1 ,Ilse President