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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Record Without Fee
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
TERMINATION OF AGREEMENT 2016-56 AND FIRST
AMENDED AGREEMENT 2016-56A REGARDING
GENERAL PLAN AMENDMENT AND CHANGE OF
ZONE
BY AND BETWEEN
CITY OF CAMARILLO
AND
SPRINGVILLE LLC
Effective Date: ____________________
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TERMINATION OF AGREEMENT 2016-56 AND FIRST AMENDED AGREEMENT 2016-56A REGARDING GENERAL PLAN AMENDMENT AND ZONE CHANGE This Termination of Agreement and First Amended Agreement Regarding General Plan Amendment and Zone Change (“Termination”), dated as of the ___________, 2023 (the “Effective Date”), is entered into by and between the City of Camarillo, a California municipal corporation (“City”) and Springville LLC, a California limited liability company (the “Owner”). Owner and City may be referred to individually in this Agreement as a “Party” and collectively as the “Parties.”
RECITALS
This Termination is entered into on the basis of the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Termination.
A. Owner is the fee owner of certain real property consisting of approximately
46.88 acres located in the City of Camarillo, County of Ventura, State of California, west of Springville Drive and south of Highway 101 as more particularly described and depicted in Exhibit A attached hereto (“Property”).
B. The City and Owner entered into an Agreement Regarding General Plan Amendment and Zone Change (“Agreement”) (Agreement No. 2016-56) effective September 30, 2016 and recorded with the Ventura County Recorder’s office on October 7, 2016 as Instrument No. 2016007-00146938-0 1/22.
C. The City and Owner amended the Agreement on March 3, 2017 with the First Amendment To Agreement Regarding General Plan Amendment and Zone Change (“First Amended Agreement”) to extend the period that Owner had to submit to the City the name of a Proposed Regional Destination Retailer to the City to five years from the effective date of the First Amended Agreement. The First Amended Agreement was recorded with the Ventura County Recorder’s office on March 17, 2017 as Instrument No. 20170317-00037100 1/4.
D. RIC (Springville) LLC took title to the Property on On Feb 27, 2018 and is now the Owner of the Property.
E. The Parties desire to terminate the Agreement and First Amended Agreement.
F. The Camarillo Planning Commission held a noticed public hearing on the Reversion Agreement on October 3, 2023, with notice provided to the Owner. After considering all testimony, written and oral, the Planning Commission adopted a motion recommending that the City Council approve the Termination.
G. The Camarillo City Council held a noticed public hearing on November 8, 2023 with notice provided in accordance with the notice requirements for a General Plan 4894-8306-2916 v1
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Amendment and notice provided to the Owner. After considering all testimony, written and oral, the City Council approved the Termination.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:
ARTICLE 1
TERMINATION OF AGREEMENT AND FIRST AMENDED AGREEMENT
REGARDING GENERAL PLAN AMENDMENT AND ZONE CHANGE
1.1 The Agreement Regarding General Plan Amendment and Zone Change (Agreement No. 2016-56 and Instrument No. 2016007-00146938-0 1/22) and the First Amendment To Agreement Regarding General Plan Amendment and Zone Change (Instrument No. 20170317-00037100 ¼) are hereby terminated and are of no further force or effect.
1.2 This Termination shall inure to the benefit of and be binding upon the Parties thereto and their respective successors and assigns.
1.3 Owner represents and warrants Owner is the sole fee owner of the Property.
1.3.1. Owner is a duly organized and validly existing limited liability company under the laws of its state of incorporation or organization, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Owner under this Agreement.
1.4 The execution and delivery of this Termination and the necessary performance of the obligations of Owner hereunder have been duly authorized by all necessary partnership, company or corporate action and all necessary partner, member or shareholder approvals have been obtained.
1.5 Owner has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Owner’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Owner’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Owner’s assets; or (e) admitted in writing its inability to pay its debts as they come due.
1.6 City represents and warrants to Owner that, as of the Effective Date:
1.6.1. City is a municipal corporation and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Termination.
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1.6.2. The execution and delivery of this Termination and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained. This Termination is a valid obligation of City and is enforceable in accordance with its terms.
1.7 This Termination may be executed in multiple counterparts and each counterpart shall be equally admissible in evidence, and each counterparty shall fully bind the party who has executed it.
1.8 The City Clerk shall record a copy of this Termination with the Registrar-Recorder of the County of Ventura within ten (10) days following its execution by both Parties.
IN WITNESS WHEREOF, the City and Owner have executed this Termination as of the Effective Date.
CITY:
CITY OF CAMARILLO, a California general
law city
By:
Greg Ramirez, City Manager
ATTEST:
By:
Kristy Buxkemper, City Clerk
APPROVED AS TO FORM:
By:
Rachel Richman, City Attorney
OWNER:
RIC (SPRINGVILLE) LLC, a California limited
liability company
By:
Mary Gianfriddo
Its: Managing General Partner
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