HomeMy WebLinkAboutAGENDA REPORT 1997 0723 CC SPC ITEM 03ETO:
FROM:
DATE:
SUBJECT:
AGENDA REPORT
CITY OF MOORPARK
The Honorable City Council
Steven Kueny, City Manager we/
ITEMS. E .
CITY OF MOORPAR& CALIFORMA
City Council Meeting
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AC. iiN:
BY*,
July 21, 1997 (CC Meeting of July 23, 1997)
Consider Second Amendment to Carlsberg Settlement
Agreement and Mutual Release
Enclosed is the proposed Second Amendment to the Carlsberg
Settlement Agreement. This amendment addresses three items:
1. Payment of certain funds to the City relative to the
proposed Community Facilities District;
2. Recognition that Carlsberg can use cast in place pipe in
place of reinforced concrete pipe for certain areas within
the business park;
3. The two tennis courts in the park within the Specific Plan
will be lighted consistent with the City's specifications.
STAFF RECOMMENDATION:
Approve the Second Amendment to the Settlement Agreement subject
to final language approval by the City Attorney and City Manager
and authorize the Mayor to sign.
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Enclosure
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This SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL
RELEASE ( "Second 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
_et 9eq. 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 Amended 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 approved by the City Council on October 2, 1996; and
WHEREAS, on November 12, 1996, Plaintiffs and Defendants
entered into the First Amendment of the Settlement Agreement;
WHEREAS, disputes have arisen between Plaintiffs and
Defendants under the Settlement Agreement as amended or the Amended
Specific Plan, which disputes the parties desire to resolve by this
Amendment;
LM2:166298.3d —1—
NOW, THEREFORE, Plaintiffs and Defendants agree as
follows:
1. The Settlement Agreement is hereby amended by the
addition of paragraphs (9), (10) and (11) to subsection b. of
Section 5 to read as follows:
"(9) Simi shall pay Defendants Two Hundred Sixteen
Thousand Dollars ($216,000.00) except as noted in paragraph
(10) below, in two (2) payments as follows: Seventy Six
Thousand Dollars ($76,000.00) on or before July 29, 1997 and
One Hundred Forty Thousand Dollars ($140,000.00) on or before
September 30, 1997. Defendants may expend said monies in
their sole and unfettered discretion. Payment of said monies
does not supersede Plaintiffs' obligation to pay all costs of
issuance for bonds sold under Community Facilities District
No. 97 -1, Carlsberg Business Park Public Improvements Special
Tax Bonds, hereinafter referred to as the CFD.
"(10) Simi shall be allowed to install cast in place pipe
(CIPP) for those sections and pipe sizes for approximately
Fifty -Eight Hundred (5,800) linear feet as more precisely
shown on attached Exhibit "1" instead of reinforced concrete
pipe (RCP). Simi shall also pay to Defendants any
extraordinary costs for on -site inspection and testing of the
CIPP installation that are above the costs normally charged
for inspection of RCP. In the event Simi is unable or elects
not to install CIPP, and informs City in writing by August 31,
1997, the One Hundred Forty Thousand Dollar ($140,000.00)
payment due September 30, 1997 shall be waived and shall not
be paid to the City."
"(11) Plaintiffs shall install lighting for the two
tennis courts in the public park within the boundaries of the
property described in Exhibit "A" of the Amended Settlement
Agreement. Final design plans and specifications for the
lighting system including related timing control mechanism
shall be as approved by the City Council. The tennis court
lighting shall be installed prior to the time the park is
available (open) to the public as required in paragraph (2) of
subsection b. of Section 5 of the Settlement Agreement."
2. The Settlement Agreement as amended herein and by
the First Amendment shall remain in full force and effect in
accordance with its terms and conditions.
3. This Second Amendment shall become effective upon
the date last below written.
LM2: 166298.3d —2—
Executed at Moorpark, California, on the day of
1997.
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:
City Clerk
LAX2:166298.3d —3—
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
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) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LAX2:166298.3d —4 —
(Seal)
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