Require all construction equipment
to be maintained and tuned to meet
appropriate EPA, CARB, and VCAPCD
emissions requirements and when new
emission control devices or operational
modifications are found to be effective,
such devices or operational modifications
are required on construction equipment.
Level II - Consistent. See Section 4.3, Air Quality for requirements related to construction equipment, which
ensure consistency with this policy.
ER 14.5. Reducing Construction Impacts
during Smog Season. Require that the
construction period be lengthened to
minimize the number of vehicles and
equipment operating at the same time
during smog season (May though
October).
Level II - Consistent. See Section 4.3, Air Quality,
which includes the requirement that the construction
period be lengthened in Mitigation Measure AQ-1(b).
ER 14.6. Minimizing Dust and
Air Emissions through Permitting
Requirements. Continue to require
mitigation measures as a condition of
obtaining building or use permits to
minimize dust and air emissions impacts
from construction.
Level II - Consistent. Mitigation measures consistent
with this policy are included in the EIR in Section
4.3, Air Quality, mitigation measures AQ-1(a and b),
which require dust control measures and construction
equipment controls in accordance with VCAPCD
requirements.
ER 14.7. Mitigation Monitoring.
Ensure that projects with identified
air quality impacts in their respective
EIRs are subject to effective mitigation
monitoring as required by AB 3180.
Level II - Consistent. The Mitigation Monitoring
Program includes specific details on how each
mitigation measure is monitored, including those
related to air emissions in compliance with CEQA
Guidelines 7.15097.
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2030 General Plan Policy Consistency
General Plan Policy Discussion
ER 14.12. Use VCAPCD Air Quality
Assessment Guidelines. Use the VCAPCD
Air Quality Assessment Guidelines
and recommended analytical tools for
determining and mitigating project air
quality impacts and related thresholds
of significance for use in environmental
documents. The City shall continue to
cooperate with the VCAPCD in the review
of development proposals.
Level II - Consistent. See Section 4.3, Air Quality
for discussion of the TCSP’s consistency with the
VCAPCD Air Quality Assessment Guidelines. This
EIR determined that operational emissions related
to air quality would be significant and unmitigable
based on these guidelines. All project developers
would be required to use the guidelines for specific
project development within the TCSP and nine parcels
proposed for annexation.
SAFETY & HAZARDS
SH 1.1. Minimize Liquefaction Risk.
Ensure that structures for human
occupancy are only constructed or placed
on a potential liquefaction site if the
approved geological report shows that an
acceptable hazard risk would be created
and/or required mitigation measures are
met.
Level II - Consistent. Mitigation consistent with this
policy is included in Section 4.5, Geology and Soils.
Impact GEO-2 discusses liquefaction and Mitigation
Measure GEO-2 would ensure that liquefaction risk
would be minimized.
SH 1.2. Minimize Subsidence Trends.
Avoid increases in the level of
groundwater extraction as a method
for meeting new water demands if the
extraction leads to subsidence, or unless
a comprehensive reinjection program
is approved and implemented to offset
extractions.
Level II - Consistent. Mitigation consistent with
this policy is included in Section 4.5, Geology and
Soils. Mitigation Measure GEO-2 would ensure that
subsidence risk would be minimized. Furthermore, the
proposed project would be water neutral and would not
require increased groundwater extraction to meet new
water demands.
SH 1.8. Mitigating Seismic Hazards.
Where necessary, utilize the expert
mitigation measures such as those
identified in Special publication 117:
Guidelines for Analyzing and Mitigating
Seismic Hazards in California (prepared
by the Southern California Earthquake
Center) to minimize risk associated with
seismic activity.
Level II - Consistent. As discussed in Section 4.5,
Geology and Soils, mandatory compliance with
applicable City of Oxnard and California Building Code
requirements would mitigate seismic hazards to a less
than significant level.
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Table 9-1
2030 General Plan Policy Consistency
General Plan Policy Discussion
SH 5.4. Older Neighborhood Noise
Mitigation. Develop a noise research and
mitigation program for any area where
traffic generated noise is significant and
exceeds or is likely to exceed acceptable
thresholds.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant
other than potential traffic noise impacts on future
development within the proposed project area.
Mitigation Measure N-4(a) would require future
applicants for development within noise contours that
would exceed City standards to retain a professional
acoustical consultant to conduct an acoustical analysis.
SH 5.6. Compatibility with Oxnard
Airport. Work with the Oxnard Airport in
revising flight paths to minimize flyovers
of residential areas, especially "touch and
go" pattern flying at low altitude and at
relatively high frequency.
Level II - Consistent. Prior to making a decision on
the proposed project, the City of Oxnard must refer
the proposed project to the ALUC for review and
comment. The ALUC would then review the project for
consistency with the Airport Comprehensive Land Use
Plan, including the policies and standards discussed
above. The City must consider the comments of the
ALUC prior to making a decision on adoption of the
Specific Plan. Mitigation measures HAZ-5(a-c) would
also ensure consistency with airport safety through
requirements such as limiting the density of new land
uses.
SH 6.1. Construction Noise Control.
Provide best practices guidelines to
developers for reducing potential noise
impacts on surrounding land uses.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant for
surrounding land uses.
SH 6.2. Limiting Construction Activities.
Continue to limit construction activities
to the hours of 7 am to 7 pm, Monday
through Saturday. No construction
shall occur after hours, on Sundays, or
national holidays without permission
from the City.
Level II - Consistent. As described in Section 4.10,
Noise, construction hours would be limited to 7am to
6pm Monday through Saturday.
SH 6.3. Buffering of Sensitive
Receptors. Require noise buffering
and/or other construction treatments
in development located near major
streets, highways, the airport, rail
road tracks, or other significant noise
sources as recommended by a noise
analysis.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant
other than potential traffic noise impacts on future
development within the proposed project area.
Mitigation Measure N-4(a) would require future
applicants for development within noise contours
that would exceed City standards to retain a
professional acoustical consultant to conduct an
acoustical analysis.
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General Plan Policy Discussion
SH 6.4. New Development Noise
Compatibility. Require that proposed
development projects not generate
more noise than that classified as
"satisfactory" based on CEQA Thresholds
of significance on nearby property.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant and the
proposed project would not generate noise that exceeds
significant thresholds on any nearby properties.
SH 6.5. Land Use Compatibility
with Noise. Encourage non-noise
sensitive land uses to locate in areas
that are permanently committed to
noise producing land uses, such as
transportation corridors and industrial
zones.
Level II - Consistent. The additional nine parcels
proposed for Annexation south of Teal Club Road
are designated for Airport Compatible land uses, as
shown on the Oxnard 2030 General Plan land use map
and would be developed with light industrial uses,
which are compatible with the noise levels generated
by the Oxnard Airport. As discussed in Impact LU-
3, industrial development would not impact nearby
residences.
SH 6.7. Peak Noise Evaluation Along
Truck Routes. Evaluate peak event
noise impacts for existing and proposed
development along existing or proposed
designated truck routes and require
feasible and appropriate mitigations for
project subject to discretionary review
and approval.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant other than potential traffic noise impacts on future development
within the proposed project area. No truck routes
are located adjacent to the project area. However,
Mitigation Measure N-4(a) would require future
applicants for development within noise contours that
would exceed City standards to retain a professional
acoustical consultant to conduct an acoustical analysis.
SH 6.9. Minimize Noise Exposure
to Sensitive Receptors. Prohibit the
development of new commercial,
industrial, or other noise generating land
uses adjacent to existing residential uses,
and other sensitive noise receptors such
as schools, child and daycare facilities,
health care facilities, libraries, and
churches if noise levels are expected to
exceed 70 dBA.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant
other than potential traffic noise impacts on future
development within the proposed project area.
Mitigation Measure N-4(a) would require future
applicants for development within noise contours that
would exceed City standards to retain a professional
acoustical consultant to conduct an acoustical analysis.
No residential uses or other sensitive noise receptors
such as schools, child and daycare facilities, health
care facilities, libraries, or churches would be exposed to noise levels exceeding 70 dBA as a result of the
proposed project.
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Table 9-1
2030 General Plan Policy Consistency
General Plan Policy Discussion
SH 6.12. Development Near Railroads
and Oxnard Airport. Require that new
habitable structures be setback at least
85 feet from the nearest railroad track
measured from the edge of the outermost
railroad track, and only compatible new
development is located within the Oxnard
Airport 65 dBA CNEL contour.
Level II - Consistent. Prior to making a final decision on the TCSP project, the City of Oxnard will refer it
to the ALUC for a consistency review with the Airport
Land Use Plan. Only a small portion of the TCSP area
is within the 65 dBA CNEL contour and it would not
contain residences or other incompatible land uses.
The nine parcels proposed for Annexation consist of
land that is within the 65 dBA CNEL contour; however,
this land would be zoned for light industrial uses,
which are compatible. Mitigation measures HAZ-5(a-c)
would also ensure consistency with airport safety and
noise regulations.
SH 6.13. Noise Acceptable for Open
Windows and Patios. Continue to require
noise analysis of proposed development
projects as part of the environmental
review process and the require mitigation
measures to reduce noise impacts
to acceptable levels within outside
activity areas and within residential
structures without relying on mechanical
ventilation, if feasible.
Level II - Consistent. As described in Section 4.10,
Noise, impacts would be less than significant
other than potential traffic noise impacts on future
development within the proposed project area.
Mitigation Measure N-4(a) would require future
applicants for development within noise contours that
would exceed City standards to retain a professional
acoustical consultant to conduct an acoustical analysis.
SH-7.12 Hazardous Materials
Studies. Ensure that the proponents
of new development projects address
hazardous materials concerns through
the preparation of phase 1 or phase 2
hazardous materials studies for each
identified site as part of the design phase
for each project. Recommendations
required to satisfy federal or State
cleanup standards outlined in the studies
will be implemented as part of the
construction phase for each project.
Level II - Consistent. Mitigation Measure HAZ-3
requires adherence to recommendations made in
the Phase 1 for the TCSP and nine parcels proposed
for Annexation. This would require removal and
recompaction of soil, as well as continued monitoring
and appropriate remediation of potentially
contaminated soil.
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2030 General Plan Policy Consistency
General Plan Policy Discussion
SH 9.1. Airport Land Use Compatibility
Plans. Require development around
the Oxnard and Camarillo Airports to
be consistent with the safety policies
and land use compatibility guidelines
contained within the Ventura County
Airport Land Use plan.
Level II - Consistent. The additional nine parcels
proposed for Annexation south of Teal Club Road are
designated for Airport Compatible land uses, as shown
on the Oxnard 2030 General Plan land use map. Upon
Annexation, the additional nine parcels proposed for
annexation south of Teal Club Road would be rezoned
Light Manufacturing (M-1) by the City of Oxnard and
would be compatible. Mitigation measures HAZ-5(a-c)
would also ensure consistency with airport safety and
noise regulations for the entire project area.
SH 9.2. Compliance with FAA
Regulations. Ensure development within
the airport approach and departure zones
are in compliance with applicable Federal
Aviation Administration regulations
that address objects affecting navigable
airspace.
Level II - Consistent. The additional nine parcels
proposed for Annexation south of Teal Club Road are
designated for Airport Compatible land uses, as shown
on the Oxnard 2030 General Plan land use map. Upon
Annexation, the additional nine parcels proposed for
annexation south of Teal Club Road would be rezoned
Light Manufacturing (M-1) by the City of Oxnard.
Development on the parcels would be reviewed to
ensure compliance with the FAA regulations at the time
such development is proposed. Mitigation measures
HAZ-5(a-c) would also ensure consistency with airport
safety and noise regulations for the entire project area through requirements including notification of the
FAA.
HOUSING
Housing Element Policy-2.2 Balanced
Opportunities. Provide opportunities
to the private and public sector for the
production of housing that meets the
needs of special needs-, extremely low-,
very low-, low-, moderate, and above
moderate-income housing to achieve a
balanced community.
Level II - Consistent. The TCSP envisions development
of up to 990 residential dwelling units in a variety of densities and product types including both market-
rate and affordable housing (15% affordable). In
addition to single-family residential units, the TCSP
includes single-family courtyard homes, single-family
townhomes and multi-family condominiums and
apartments (Section 2.0, Project Description).
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Teal Club Specific Plan
APPENDIX 1
LANDSCAPE PALETTE
The objective of the landscaping palette is to provide a clear definition and identity to the Teal club Specific Plan area. The primary perimeter streets and the internal collector streets are intended to have landscape palettes that encourage pedestrian and cyclist activity in a safe, visible and aesthetically pleasing environment. The landscape within the individual neighborhoods o f t he S pecific P lan s hall b e d esigned w ith t he g oal o f c reating i ndividual i dentity and visual quality consistent with the quality of architecture and building materials within the neighborhood.
The attached list of plant materials is included as an Appendix in order to provide flexibility in modification by the City of Oxnard departments responsible for selection of plant materials. As best practices and governmental policies related to landscape planting and maintenance are periodically revised, the Appendix Plant Palette may also be revised as approved by the Director of Community Development.
The list of plant materials specified herein is intended to serve as a guide during preparation of formal landscaping plans While exact plant species is not required, the use of plant species not listed in the appendix must be proven to have comparable drought tolerances and aesthetic quality, and must not be i nvasive. Locations and acceptable sizes are listed for significant locations. Where a location is not listed, similar planting palettes shall be required. 1082
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1083
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Teal Club Specific Plan
Street Trees
Ventura Road
36” box size
Median 24” box size (minimum)
Cinnamomum camphora Camphor
(new)
Pinus canariensis Canary Island Pine Patterson Road
36” box size
Median
24” box size (minimum)
Platanus x ‘Bloodgood’ London Plane
(match existing)
Pinus canariensis Canary Island Pine
Tipuanua tipu Tipu Tree
Doris Avenue
36” box size
Median
24” box size (minimum)
Cupaniopsis anacardioides Carrot Wood
(match existing)
Pinus canariensis Canary Island Pine
Magnolia g. ‘St. Mary’ Southern Magnolia
Teal Club Road
36” box size
no median in Teal Club Road
Cinnamomum camphora Camphor
(new)
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Teal Club Specific Plan
Retail and Commercial Mixed-Use
Primary Trees
Dominant trees - minimum
70% of total trees
24” box minimum size
Cinnamomum camphora Camphor Tree
Koelreuteria paniculata Goldenrain Tree
Pinus canariensis Canary Island Pine
Pistacia chinensis Chinese Pistache
Quercus wislizenii Interior Live Oak
Ulmus parvifolia ‘Drake’ Evergreen Elm
Secondary Trees
Background trees
24” box minimum size
Cupaniopsis anacardioides Carrot Wood
Liquidamber s. ‘Festival’ American Sweet Gum
Pinus eldarica Afghan Pine
Podocarpus gracilior Fern Pine
Prunus caroliniana Carolina Laurel Cherry
Pyrus calleryana Evergreen Pear
Accent Trees
At visual focal areas
24” box minimum size
Cercis occidentalis Western Redbud
Lagerstroenia indica Crape Myrtle
Olea europaea “Swan Hill” Fruitless Olive
Pyrus calleryana Flowering Pear
Street Trees (cont.)
Beverly Drive
36” box size
Entry at Ventura Road
Cinnamomum camphora Camphor
Metrocideros excelsa New Zealand Christmas
Tree
Washingtonia robusta Mexican Fan Palm-
matching heights
Coronado Place
36” box size
Koelreuteria paniculata Goldenrain Tree
Round-About
24” box size (minimum)
Olea europaea ‘Swan Hill’ Fruitless Olive
Metrocideros excelsa New Zealand Christmas
Tree
Washingtonia robusta Mexican Fan Palm-
matching heights
1085
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Teal Club Specific Plan
Single Family Residential
Primary Trees
Dominant tree - minimum
70% of total
24” box minimum size
Arbutus ‘Marina’ Strawberry Tree
Celtis sinensis Chinese Hackberry
Cinnaomoum camphora Camphor Tree
Koelreuteria paniculata Goldenrain Tree
Pinus canariensis Canary Island Pine
Pinus pinea Italian Stone Pine
Pistacia chinensis Chinese Pistache
Platanus a. ‘Bloodgood’ London Plane Tree
Rhus lancea African Sumac
Ulmus parvifolia ‘Drake’ Evergreen Elm
Secondary Trees
Background trees
24” box minimum
Fraxinus o. ‘Raywood’ Raywood Ash
Liquidamber s. ‘Festival’ American Sweet Gum
Liriodendron tulipifera Tulip Tree
Magnolia grandiflora Southern Magnolia
Pinus eldarica Afghan Pine
Pinus halepensis Aleppo Pine
Prunus caroliniana Carolina Laurel Cherry
Pyrus calleryana Flowering Pear
Sequoia s. ‘ Soquel’ Coast Redwood
Accent Trees
At visual focal areas
24” box minimum
Cercis occidentalis Western Redbud
Lagerstroenia indica Crape Myrtle
Olea europaea ‘Swan Hill’ Fruitless Olive
Prunus c. ‘Krauter Vesuvius’ Purple-Leaf Plum
Pyrus calleryana Flowering Pear
1086
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Teal Club Specific Plan
Business Research Park
Primary Trees
Dominant tree - minimum
70% of total
24” box minimum size
Arbutus ‘Marina’ Strawberry Tree
Cedrus deodara Deodar Cedar
Cinnaomoum camphora Camphor Tree
Koelreuteria paniculata Goldenrain Tree
Pinus eldarica Afghan Pine
Pistacia chinensis Chinese Pistache
Rhus lancea African Sumac
Ulmus parvifolia ‘Drake’ Evergreen Elm
Secondary Street Trees
Background trees
24” box minimum size
Cupaniopsis anacardioides Carrot Wood
Fraxinus o. ‘Raywood’ Raywood Ash
Liquidamber s. ‘Festival’ American Sweet Gum
Liriodendron tulipifera Tulip Tree
Pinus halepensis Aleppo Pine
Podocarpus gracilior Fern Pine
Prunus caroliniana Carolina Laurel Cherry
Pyrus calleryana Flowering Pear
Accent Trees
At visual focal areas
24” box minimum size
Cercis occidentalis Western Redbud
Lagerstroenia indica Crape Myrtle
Olea europaea ‘Swan Hill’ Fruitless Olive
Pyrus calleryana Flowering Pear
1087
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Teal Club Specific Plan
Parks, Greenbelts and Open Space
Trees
70% 24” box
30% 15 gallon
Arbutus ‘Marina’ Strawberry Tree
Cedrus deodara Deodar Cedar
Cercis occidentalis Western Redbud
Cinnamomum camphora Camphor Tree
Koelreuteria paniculata Goldenrain Tree
Lagerstroenia indica Crape Myrtle
Liquidamber s. ‘Festival’ American Sweet Gum
Liriodendron tulipifera Tulip Tree
Pinus canariensis Canary Island Pine
Pinus eldarica Afghan Pine
Pinus pinea Italian Stone Pine
Pistacia chinensis Chinese Pistache
Platanus x a. ‘Bloodgood’ London Plane Tree
Platanus racemosa Western Sycamore
Prunus caroliniana Carolina Laurel Cherry
Pyrus calleryana Evergreen Pear
Rhus lancea African Sumac
Ulmus parvifolia ‘Drake’ Evergreen Elm
Shrubs - All Developed Areas
Large Shrubs
5’ + tall
1 gallon minimum size
Abelia “Edward Goucher” Glossy Abelia
Baccharis sp. Coyote Bush
Calyccanthus occidentalis Spice Bush
Camellia japonica Japanese Camellia
Ceanothus species California Lilac
Cotoneaster lacteus Cotoneaster
Dodonaea viscosa Hopseed Bush
Escallonia fradesii Escallonia
Fiejoa sellowiana Pineapple Guava
Ilex cornuta Chinese Holly
Juniperus chinensis Juniper
1088
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Teal Club Specific Plan
Shrubs - All Developed Areas (cont.)
Large Shrubs
5’ + tall
1 gallon minimum size
Ligustrum texanum Texas Privet
Nerium oleander Oleander
Photinia fraserii Red-tip Photinia
Pittosporum tobira Mock Orange
Podocarpus macrophyllus Yew Pine
Prunus laurocerasus English Laurel
Pyracantha ‘Santa Cruz’ Fire Thorn
Rhamnis californica Coffeeberry
Rhamnus ilicifolia Hollyleaf Redberry
Viburnum “Spring Bouquet” Viburnum
Xylosma congestum Shiny Xylosma
Medium Shrubs
3’ – 5’ tall
1 gallon minimum size
Agave species Agave
Azalea species Southern Azalea
Berberis thunbergii Japanese Barberry
Bougainvillea species Bougainvillea
Buxus japonica Boxwood
Callistemon ‘Little John’ Dwarf Bottlebrush
Camellia sasanqua Sasanqua Camellia
Ceanothus sp. California Lilac
Cistus sp. Rock Rose
Dietes bicolor Butterfly Iris
Grevellia noelii Grevillea
Nandina domestica Heavenly bamboo
Nerium oleander (dwarf var.) Dwarf Oleander
Pennisetum rubrum Red Fountain Grass
Raphiolepis indica sp. India Hawthorn
Rose sp. Rose
Salvia species Sage
Small Shrubs
1’ – 3’ tall
1 gallon minimum size
Agapanthus africanus Lily of the Nile
Artemesia sp. Artemesia
Baccharis “Pigeon Point” Dwarf Coyote Bush
Ceanothus sp. Dwarf Ceanothus
Cotoneaster dammeri Bearberry Cotoneaster
Hemerocallis hybrid Evergreen Daylily
Heuchera sanguinea Coral Bells
Juniperus horizontalis Juniper
Lantana montevidensis Lantana
Lavendula spp. Lavender
Liriope gigantea Liriope
1089
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Teal Club Specific Plan
Shrubs (cont.)
Small Shrubs
1’ – 3’ tall
1 gallon minimum size
Lupinus albifrons Bush Lupine
Mahonia aquifolium “Compacta” Dwarf Oregon Grape
Nandina “Harbor Dwarf” Dwarf Heavenly Bamboo
Pittosporum t. “Wheeler’s Dwarf” Dwarf Mock Orange
Raphiolepis i. “Clara” India Hawthorn
Rosemarinus prostratus Dwarf Rosemary
Salvia gregii Salvia
Santolina rosmarinifolia Santolina
Zauschneria canum California Fuchsia
Groundcover and Perennials
1 gallon minimum size or
flatted rooted cuttings
Arctostaphylos sp. Dwarf Mazanita
Baccharis “Twin Peaks” Dwarf Coyote Brush
Coprosma “Verde Vista” Coprosma
Gazania sp. Gazania
Hypericum calycinum St. Johns Wort
Iris douglasiana California Iris
Juniperus confeta Shore Juniper
Myoporum pacificum Myoporum
Trachelospermum jasminoides Star Jasmine
Vines
1 gallon minimum size Campsis radicans Blood-Red Trumpet Vine Clytostoma sp. Violet Trumpet Vine
Ficus pumila Creeping Fig
Lonicera japonica Japanese Honeysuckle
Parthenocissus quinquefolia Virginia Creeper
Parthenocissus tricuspidata Boston Ivy
Rosa sp. Climbing Rose
Wisteria sinensis Wisteria
Turf
Seeded or sodded – no turf
areas less than 8’ wide
Water conserving tall-type fescue mix
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Teal Club Specific Plan
Specialty Landscape Areas: Vegetated Drainage Areas:
Vegetated swales slowly convey runoff flow to downstream discharge points and will be planted with species adapted to seasonal inundation and extended periods of dry conditions. The following plant list does not include proposed trees and shrubs for the perched areas in the swales as illustrated in the sections.
Water Quality Basins
15 gal. min.
Aesculus californica California Buckeye
Heteromeles arbutifolia Toyon
Junglans californica Black Walnut
Populus fremontii Fremont Cottonwood
Platanus racemosa Western Sycamore
Prunus ilicifolia Holly-leafed Cherry
Quercus agrifolia California Live Oak
Quercus berberidifolia Interior Scrub Oak
Quercus wislizenii Interior Live Oak 1091
RECORDING REQUESTED BY AND
WHEN
RECORDED
TO:
City of Oxnard
305
West
Third
Street
Oxnard,
California
93030
Attention:
City
Clerk
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“ Agreement ”) is made in Ventura County, California
as
of
_______________,
2025,
by
and
between
the
City
of
Oxnard,
a
municipal
corporation
of
the
State
of
California
(the
“
City
”)
on
the
one
hand,
and
F.
Robert
Borchard
and
Joann
M.
Borchard,
Trustees
of
the
Robert
and
Joan
Borchard
2006
Revocable
Family
Trust
u/d/t
dated
November
27,
2006,
as
to
an
undivided
9,458.5/300,000
interest;
Joseph
Eugene
Borchard
and
Janice
Loree
Borchard,
Trustees
of
the
Borchard
Family
2024
Revocable
Trust
dated
February
23,
2024,
as
to
an
undivided
9,458.5/300,000
interest;
Paul
E.
Borchard,
a
married
man,
as
his
sole
and
separate
property
as
to
an
undivided
132,033/3,000,000
interest;
Frances
Joan
Henson,
as
Trustee
of
the
T
&
J
Henson
Family
Trust
under
Declaration
of
Trust
dated
September
19,
2006
as
to
an
undivided
132,033/3,000,000
interest;
Gerald
J.
F.
Anderson
and
Margaret
M.
Anderson,
Trustees
of
The
Anderson
Family
Trust
Agreement,
dated
August
25,
1998,
as
to
an
undivided
132,033/3,000,000
interest;
Windwen
Lands,
LLC,
a
California
limited
liability
company,
as
to
an
undivided
50,000/300,000
interest;
Ian
Alexander
Bierig,
an
unmarried
man,
as
to
an
undivided
7,770.75/300,000
interest
and
Nicole
Elizabeth
Bierig
Jordan,
formerly
known
as
Nicole
E.
Bierig,
Trustee
of
the
Nicole
E.
Bierig
Trust
dated
June
8,
2016
as
to
an
undivided
7,770.75/300,000
interest;
F.
Robert
Borchard
and
Joann
M.
Borchard,
Trustees
of
The
Robert
and
Joann
Borchard
2006
Revocable
Family
Trust
dated
November
27,
2006,
as
to
an
undivided
15,541.5/300,000
interest;
Kevin
P.
Dempsey
and
Elizabeth
A.
Dempsey,
as
Trustees
or
Successor
in
Trust
under
Trust
Agreement
dated
December
15,
1992,
known
as
the
"Dempsey
1992
Trust"
as
to
an
undivided
20,000/300,000
interest;
Richard
Devericks
and
Ellen
Devericks,
as
Co-Trustees
of
the
Devericks
1994
Revocable
Family
Trust
under
Declaration
of
Trust
dated
December
14,
1994,
as
to
an
undivided
20,000/300,000
interest;
Edward
D.
Myers
and
Jeanne
M.
Myers,
as
Co-Trustees
of
the
Edward
and
Jeanne
Myers
1999
Family
Trust
under
Declaration
of
Trust
dated
October
28,
1999
as
to
an
undivided
20,000/300,000
interest;
Ellen
C.
Devericks
and
Richard
B.
Devericks,
Trustees
of
the
Devericks
1994
Revocable
Family
Trust
dated
December
14,
1994,
as
to
an
undivided
5,000/300,000
interest;
Jeanne
M.
Myers
and
Edward
Myers,
Trustees
of
the
1999
Meyers
Family
Trust
dated
October
28,1999
as
to
an
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1092
undivided 5,000/300,000 interest; Elizabeth A. Dempsey and Kevin Dempsey, Trustees of the Dempsey
1992
Trust
dated
December
15,
1992
as
to
an
undivided
5,000/300,000
interest;
Jeffrey
C.
Douglas
and
Mary
Patricia
Douglas,
Trustees
of
the
J
&
P
Douglas
Family
Trust
dated
December
4,
1998
as
to
an
undivided
25,000/300,000
interest;
and
Joan
Henson,
a
married
woman,
as
her
sole
and
separate
property,
as
to
an
undivided
one-third
(1/3)
interest
of
an
undivided
603,901/3,000,000
interest;
Margaret
M.
Anderson,
a
married
woman,
as
her
sole
and
separate
property,
as
to
an
undivided
one-third
(1/3)
interest
of
an
undivided
603,901/3,000,000
interest;
Paul
Borchard,
a
married
man,
as
his
sole
and
separate
property,
as
to
an
undivided
one-third
(1/3)
interest
of
to
an
undivided
603,901/3,000,000
interest,
on
the
other
hand
(collectively
the
“
Developer
”).
RECITALS
A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5
and
City
Council
Resolution
No. 10,448
to
enter
into
binding
development
agreements
with
persons
or
entities
owning
legal
or
equitable
interests
in
real
property
located
within
the
City.
B. Developer is the owner of that certain real property in the City of Oxnard, County of
Ventura
(the
“
County
”)
more
particularly
described
on
Exhibit
A
and
depicted
on
Exhibit
A-1
which
are
attached
hereto
and
incorporated
herein
by
this
reference
(the
“
Property
”).
C. The Property is part of a larger tract of land, bounded by Ventura Road on the east,
Teal
Club
Road
on
the
south,
Patterson
Road
on
the
west
and
Doris
Avenue
on
the
north
and
which
is
the
subject
of
the
Teal
Club
Specific
Plan
being
approved
by
the
City
concurrently
with
this
Agreement
(the
“
Teal
Club
Specific
Plan
Property
”).
The
Teal
Club
Specific
Plan
Property
is
more
particularly
described
on
Exhibit
B
and
depicted
on
Exhibit
B-1
attached
hereto.
D. The Property comprises all of the real property within Phase 1 of the Teal Club Specific
Plan
project.
The
remainder
of
the
Teal
Club
Specific
Plan
Property
comprises
Phase
2 of
the
Teal
Club
Specific
Plan
project.
E. The City and the Developer each desire to enter into this Agreement affecting the Property
in
conformance
with
Government
Code
Section 65864
et
seq
.
in
order
to
achieve
the
mutually
beneficial
development
of
the
Property
in
accordance
with
this
Agreement.
F. The development project which the Developer seeks to develop on the Property will
consist
of
single-family
and
multi-family
residential
units
(including
affordable
housing),
parks
and
open
space,
and
neighborhood
serving
commercial
uses
(collectively,
the
“Project”),
all
in
accordance
with
the
Teal
Club
Specific
Plan
(the
“
Specific
Plan
”)
adopted
by
the
City
Council
of
the
City
(the
“
City
Council
”)
on
___________,
20__.
In
conjunction
with
the
approval
of
the
Specific
Plan,
the
________________
certified
an
environmental
impact
report
(the
“EIR”)
for
the
Project
on
___________,
20__.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1093
G. The City and the Developer each mutually desire to obtain the binding agreement of
one
another
to
permit
and
ensure
that
the
Property
is
developed
strictly
in
accordance
with
the
provisions
of
this
Agreement.
H. This Agreement will benefit the Developer and the City by eliminating uncertainty
in
planning
and
providing
for
the
orderly
development
of
the
Project
(as
that
term
is
defined
below).
Specifically,
this
Agreement
(1) eliminates
uncertainty
about
the
validity
of
exactions
to
be
imposed
by
the
City,
(2) allows
installation
of
necessary
improvements
that
benefit
the
Project
,
the
City
and
the
region,
(3) provides
for
public
services
and
infrastructure
appropriate
to
the
development
of
the
Property,
(4) provides
for
the
construction
of
needed
affordable
housing
and
market-rate
housing,
(5)
provides
for
local
buyer
and
local
hire
preferences,
(6)
provides
for
the
payment
of
the
Farmland
Mitigation
Fee
for
the
construction
of
affordable
housing
within
the
City’s
corporate
boundaries
that
is
targeted
to
farm
workers;
and
(7)
generally
serves
the
public
interest
within
the
City
and
the
surrounding
region.
I. The Planning Commission of the City (the “ Planning Commission ”) and City Council
have
each
given
notice
of
their
intention
to
consider
this
Agreement,
have
each
conducted
public
hearings
thereon
pursuant
to
the
relevant
provisions
of
the
Government
Code,
and
have
each
found
that
the
provisions
of
this
Agreement
are
consistent
with
the
City’s
2030
General
Plan
for
development
within
the
City
(the
“
General
Plan
”),
City
zoning
ordinances,
and
the
Specific
Plan.
The
City
Council
has
also
specifically
considered
the
impacts
and
benefits
of
the
Project
upon
the
welfare
of
the
residents
of
the
City
and
the
surrounding
region.
The
City
Council
has
determined
that
this
Agreement
is
beneficial
to
the
residents
of
the
City
and
is
consistent
with
the
present
public
health,
safety
and
welfare
needs
of
the
residents
of
the
City
and
the
surrounding
region.
J. On November 21, 2024, the Planning Commission held a duly noticed public hearing
wherein
the
Planning
Commission
recommended
approval
of
this
Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals which are hereby incorporated
into
the
operative
provisions
of
this
Agreement
by
this
reference
and
other
good
and
valuable
consideration,
the
receipt
and
adequacy
of
which
is
hereby
acknowledged,
the
City
and
the
Developer
agree
as
follows:
1. Definitions .
1.1 “Affordable” shall be defined as set forth in and shall be understood to mean
the
maximum
amount
that
may
be
charged
for
the
Affordable
Unit
at
issue
based
upon
the
requirements
set
provided
by
Health
and
Safety
Code
Section
50053
(for
rental
units),
including,
if
applicable,
the
elective
increase
permitted
for
affordable
rents
under
Health
and
Safety
Code
Section
50053(b)(3)
.
1.2 “Affordable Units” shall mean and refer to the rental units to be located in PA
5 or
PA
6 that
will
be
restricted
to
rental
at
an
Affordable
cost
for
a
period
of
fifty-five
years
following
the
issuance
of
a
certificate
of
occupancy
for
those
units
as
further
provided
in
Section
8 below.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1094
1.3 “Applicable Rules” means the rules, regulations and official policies of the City
which
were
in
force
as
of
the
Effective
Date
(as
defined
below),
including,
but
not
limited
to,
the
General
Plan,
the
Specific
Plan
(as
defined
below),
City
zoning
ordinances
and
other
entitlements,
subdivision
regulations,
density,
growth
management,
environmental
consideration,
and
design
criteria
applicable
to
the
Project.
Applicable
Rules
shall
not
include
building
standards
adopted
by
the
City
pursuant
to
Health
and
Safety
Code
Section
17922
and
17958.5
.
1.4 “City Council” shall mean the City Council of the City.
1.5 “City Manager” shall mean the City Manager of the City.
1.6 “Discretionary Actions” and “Discretionary Approvals” means those actions
and
approvals
which
require
the
exercise
of
judgment,
or
imposition
of
a
condition
or
obligation,
by
any
officer,
employee,
review
board,
commission
or
department
of
the
City.
Discretionary
Actions
and
Discretionary
Approvals
are
distinguished
from
activities,
permits
or
approvals
which
merely
require
any
officer,
employee,
review
board,
commission
or
department
of
the
City
to
determine
whether
or
not
there
has
been
compliance
with
the
Applicable
Rules,
including
any
applicable
statutes,
ordinances,
regulations
or
conditions
of
approval.
1.7 “Dwelling Unit” shall mean a place in the Project that is legally available to
be
the
permanent
abode
of
a
person
or
family
including,
but
not
limited
to,
a
single-family
dwelling,
a
single-family
unit
in
a
two-family
unit,
a
single-family
unit
in
a
multi-family,
townhome,
or
mixed
use
development,
a
density
bonus
unit,
or
a
unit
of
a
condominium
project.
Dwelling
Unit
shall
not
include
and
shall
not
be
deemed
to
refer
to
an
ADU
on
the
same
legal
lot
containing
the
main
dwelling
structure
even
though
that
ADU
may
have
a
separate
keyed
entry.
1.8 “Effective Date” means the date on which the ordinance approving this Agreement
becomes
operative
under
Government
Code
Section 36937.
1.9 “Financing District” means a community facilities district formed pursuant to
the
Mello-Roos
Community
Facilities
Act
of
1982
(Government
Code
Section
53311
et
seq.
),
or
any
other
similar
special
district
or
assessment
district
existing
pursuant
to
state
law
for
purposes
of
financing
the
cost
of
public
improvements,
facilities,
services
or
public
facilities
within
a
distinct
geographic
area
of
the
City.
1.10 “ Low Income Household” means persons and families whose gross incomes
do
not
exceed
eighty
percent
(80%)
of
the
area
median
income,
adjusted
for
family
size.
For
purposes
of
this
Agreement,
the
qualifying
limits
shall
be
those
limits
for
the
County,
as
set
forth
in
Title
25,
California
Code
of
Regulations,
Section
6932,
as
that
section
may
be
amended,
modified
or
recodified
from
time
to
time.
If
the
California
Code
of
Regulations
is
amended
or
modified
during
the
term
of
this
Agreement
so
that
such
regulations
do
not
specify
the
area
median
income
for
the
County,
the
City
and
Developer
shall
negotiate
in
good
faith
to
determine
an
equivalent
authoritative
source
which
determines
median
income
for
the
County.
1.11 “Periodic Review” shall have the meaning assigned to such term in Section 15(a).
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1095
1.12 “Planning Commission” shall mean the Planning Commission of the City.
1.13 “Project” shall mean that development on the Property (Phase I and all associated
infrastructure)
that
is
contemplated
pursuant
to
the
Specific
Plan.
1.14 “Specific Plan” shall mean the Teal Club Specific Plan adopted by the City
Council
on
___________,
20___.
1.15 “Subsequent Applicable Rules” means the rules, regulations and official policies
of
the
City,
including
any
change
in,
or
addition
to,
the
Applicable
Rules,
as
they
may
be
adopted
and
become
effective
or
operative
after
the
Effective
Date
which,
other
than
as
provided
for
in
this
Agreement,
would
otherwise
govern
the
General
Plan,
City
zoning
ordinances,
Specific
Plan
and
other
entitlements,
development
conditions
and
standards,
public
works
standards,
subdivision
regulations,
density,
growth
management,
environmental
considerations,
grading
requirements
and
design
criteria
applicable
to
the
Project.
1.16 “Very Low Income Household” means persons and families whose gross incomes
do
not
exceed
fifty
percent
(50%)
of
the
area
median
income,
adjusted
for
family
size.
For
purposes
of
this
Agreement,
the
qualifying
limits
shall
be
those
limits
for
the
County,
as
set
forth
in
Title
25,
California
Code
of
Regulations,
Section
6932,
as
that
section
may
be
amended,
modified
or
renumbered
from
time
to
time.
If
the
California
Code
of
Regulations
is
amended
or
modified
during
the
term
of
this
Agreement
so
that
such
regulations
do
not
specify
the
area
median
income
for
the
County,
the
City
and
Developer
shall
negotiate
in
good
faith
to
determine
an
equivalent
authoritative
source
which
determines
median
income
for
the
County.
2. Term of Agreement . This Agreement shall become operative and commence upon
the
Effective
Date
and
shall
remain
in
effect
for
a
term
of
ten
(10)
years,
unless
the
term
is
modified
by
mutual
written
consent
of
the
City
and
the
Developer.
If,
on
or
before
the
end
of
the
term,
Developer
is
in
the
process
of
developing
the
Property
and
has
completed
the
construction
of
at
least
fifty
percent
(50%)
of
the
Project
(as
demonstrated
by
the
issuance
of
certificates
of
occupancy),
then
the
Developer
may
submit
a
written
request
to
the
City
Manager
requesting
an
extension
of
the
term
of
the
Agreement.
Such
request
shall
include
a
summary
of
the
specific
development
that
has
occurred
on
the
Property
and
a
projected
schedule
for
the
completion
of
the
Project.
Upon
the
Developer’s
submission
of
the
summary,
along
with
any
additional
reasonable
detail
requested
by
the
City
Manager,
the
City
Manager
shall
determine,
in
his
or
her
good
faith
discretion,
whether
the
term
of
the
Agreement
should
be
extended.
Such
determination
shall
be
based
upon
the
Developer’s
good
faith
implementation
of
and
compliance
with
the
provisions
of
the
Specific
Plan
and
the
Agreement,
and
the
effect
of
such
extension
upon
the
fiscal
welfare
of
the
City.
If
the
City
Manager
extends
the
Agreement,
such
extension
shall
be
until
the
Project
has
been
completed,
but
not
to
exceed
an
additional
ten
(10)
years
(the
“
Ten
Year
Extension
Period
”).
Upon
the
expiration
of
the
term,
this
Agreement
shall
be
deemed
terminated
and
have
no
further
force
and
effect.
Notwithstanding
anything
herein
to
the
contrary,
the
term
of
this
Agreement
shall
also
be
extended
for
any
period
that
the
Project
is
delayed
due
to
“Force
Majeure
Events”
(as
defined
in
Section
22(i)
);
provided
that
(i)
any
extension
of
the
term
due
to
a
Force
Majeure
Event
shall
be
offset
to
the
period
of
any
Ten
Year
Extension
Period
so
that
the
total
period
of
the
term
will
not
exceed
a
cumulative
twenty
(20)
year
period,
(ii)
the
period
of
extension
due
to
a
Force
Majeure
Event(s)
shall
not
cumulatively
exceed
a
total
of
three
(3)
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1096
years, and (ii) the period of any Force Majeure Extension shall be measured from the commencement
of
the
cause
for
delay
until
the
removal
of
that
cause
for
delay
so
long
as
Developer
notifies
City
of
that
cause
of
delay
within
ninety
(90)
days
after
its
commencement
(and
otherwise
such
period
of
delay
shall
be
measured
only
from
the
date
that
City
receives
notice
of
that
cause
of
delay
after
the
expiration
of
that
initial
ninety
(90)
day
period).
In
any
event,
Developer
must
notify
City
of
the
existence
of
such
Force
Majeure
Event
while
the
delay
is
occurring
and
if
such
Force
Majeure
Event
is
not
raised
while
the
delay
is
occurring,
it
may
not
subsequently
be
raised
by
Developer
after
the
Force
Majeure
Event
has
ceased.
3. Vested Right to Develop the Project . The City hereby grants to the Developer the
vested
right
to
develop
the
Project
to
the
extent
and
in
the
manner
provided
in
this
Agreement,
subject
only
to
the
Applicable
Rules
and
the
provisions
of
this
Agreement.
Any
change
in
the
Applicable
Rules
adopted
or
becoming
effective
after
the
Effective
Date
shall
not
be
applicable
to
or
binding
upon
the
Project
or
the
Property.
This
Agreement
will
bind
the
City
to
the
terms
and
obligations
specified
in
this
Agreement
and
will
limit,
to
the
degree
specified
in
this
Agreement
and
under
state
law,
the
future
exercise
of
the
City’s
ability
to
regulate
development
of
the
Project.
(a) No Conflicting Enactments . Neither the City Council nor any agency of the
City
shall
enact
rules,
regulations,
ordinances
or
other
measures
which
relate
to
the
rate,
timing,
sequencing,
density,
intensity
or
configuration
of
the
development
of
any
part
of
the
Project
which
is
inconsistent
or
in
conflict
with
this
Agreement
or
the
Applicable
Rules.
Future
regulations
may
only
be
applied
to
the
Project
and
Property
if
one
of
the
following
three
conditions
occurs:
i. After a duly noticed public hearing: (1) the City Council determines
by
substantial
evidence
that
the
failure
to
impose
those
future
regulations
would
place
residents
of
the
City
in
a
condition
dangerous
to
their
health
or
safety,
which
condition
cannot
be
mitigated
in
a
reasonable
manner
with
respect
to
the
development
of
the
Project
except
through
imposition
of
such
future
regulations;
(2)
such
future
regulations
are
applied
consistently
and
evenly
throughout
the
City;
and
(3)
such
temporary
regulations
are
automatically
repealed
as
to
the
Project
once
the
emergency
situation
has
ended
either
officially
or
through
a
determination
made
jointly
by
the
City
and
Developer
that
the
emergency
situation
triggering
the
temporary
regulations
no
longer
requires
the
imposition
of
such
regulations,
which
favorable
determination
the
City
may
not
unreasonably
withhold.
ii. In response to documented emergency situations, as properly declared
by
the
President
of
the
United
States,
the
Governor
of
California,
the
Mayor
of
the
City
or
the
City
Council,
the
City
Council
may
adopt
reasonable,
temporary
regulations
affecting
the
Property,
provided
(1)
the
City
Council
determines
by
substantial
evidence
that
the
failure
to
impose
those
temporary
regulations
with
respect
to
the
Project
would
place
residents
of
the
City
in
a
condition
dangerous
to
their
health
or
safety
which
cannot
be
otherwise
reasonably
mitigated
except
through
the
imposition
of
such
temporary
regulation;
(2)
such
temporary
regulations
are
applied
consistently
and
evenly
throughout
the
City;
and
(3)
such
temporary
regulations
are
automatically
repealed
as
to
the
Project
once
the
emergency
situation
has
ended
either
officially
or
through
a
determination
made
jointly
by
the
City
and
Developer
that
the
emergency
situation
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1097
triggering the temporary regulations no longer requires the imposition of such regulations, which favorable
determination
the
City
may
not
unreasonably
withhold.
iii. After a duly noticed public hearing, the City Council determines by
substantial
evidence
that
the
application
to
the
Project
of
the
future
regulation(s)
at
issue
is
mandated
by
a
state
or
federal
law
enacted
after
the
Effective
Date,
despite
the
Developer’s
vested
right
to
develop
the
Project
provided
by
this
Agreement.
(b) Moratoria and Initiative Measures . The Developer and City intend that no moratorium
or
other
limitation
(whether
relating
to
the
rate,
timing
or
sequence
of
the
development
of
all
or
any
part
of
the
Project
and
whether
enacted
by
initiative
or
otherwise)
affecting
parcel
or
subdivision
maps
(whether
tentative,
vesting
tentative
or
final),
building
permits,
certificates
of
occupancy
or
other
entitlements
shall
apply
to
the
Project
to
the
extent
such
moratorium
or
other
limitation
is
inconsistent
or
conflicts
with
this
Agreement.
Without
limitation
of
the
foregoing,
because
the
California
Supreme
Court
held
in
Pardee
Construction
Co.
v.
City
of
Camarillo
,
37 Cal.3d
465
(1984)
,
t
hat
the
failure
of
the
parties
therein
to
provide
for
the
timing
of
development
resulted
in
a
later-adopted
initiative
restricting
the
timing
of
development
to
prevail
over
the
parties’
agreement,
it
is
the
intent
of
the
parties
to
this
Agreement
to
cure
that
deficiency
by
acknowledging
and
providing
that,
subject
to
any
infrastructure
phasing
requirements
that
may
be
required
by
the
Specific
Plan
and
subject
to
the
express
phasing
requirements
set
forth
in
this
Agreement,
including
with
respect
to
the
Affordable
Units
and
the
Phase
1 Park
Space
and
HOA
Recreation
Area
(as
those
terms
are
defined
below),
Developer
shall
have
the
right
(without
obligation)
to
develop
the
Property
in
such
order
and
at
such
rate
and
at
such
times
as
Developer
deems
appropriate
within
the
exercise
of
its
subjective
business
judgment.
City
acknowledges
that
such
a
right
is
consistent
with
and
reflects
the
intent,
purpose
and
understanding
of
the
parties
to
this
Agreement.
(c) Cooperation . City agrees to cooperate with Developer in all reasonable manners
in
order
to
keep
this
Agreement
in
full
force
and
effect.
Notwithstanding
the
preceding
sentence,
in
the
event
any
legal
action
instituted
by
a
third
party
or
other
government
entity
or
official
challenging
the
validity
of
this
Agreement,
the
City
and
Developer
agree
to
cooperate
in
defending
such
action,
with
the
Developer
to
indemnify
the
City
pursuant
to
Section
22 (m)
of
this
Agreement.
In
the
event
of
any
litigation
challenging
the
effectiveness
of
this
Agreement
or
any
portion
thereof,
this
Agreement
shall
remain
in
full
force
and
effect
while
such
litigation,
including
any
appellate
review,
is
pending,
unless
a
court
of
competent
jurisdiction
orders
otherwise.
4. Development Impact Fees and Exactions . (a) Transfer of Fee Credits . To the extent that Developer is entitled to utilize fee
credits
or
reimbursements
pursuant
to
the
Applicable
Rules
("
Fee
Credits
"),
the
Fee
Credits
may
be
transferred
by
Developer
to
buyers
or
ground
lessees
of
any
portion
of
the
Project,
and
upon
written
request
by
Developer,
the
City
will
provide
written
confirmation
to
any
buyer
or
ground
lessee
of
the
Fee
Credits
which
may
be
applied
by
the
buyer
or
ground
lessee.
The
City
shall
make
no
deductions
from
the
Fee
Credits
except
as
specifically
requested
in
writing
by
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1098
Developer in order to ensure that the Fee Credits are properly credited to parcels and developments
in
the
Project
for
which
such
credits
are
specifically
intended.
(b) Timing of Payment of Applicable Fees . City and Developer agree that notwithstanding
anything
to
the
contrary
set
forth
in
this
Agreement
or
the
Applicable
Rules,
except
as
expressly
provided
in
Section
10 with
respect
to
the
Farmland
Mitigation
Fee
and
the
Fire
Capital
Improvement
Mitigation
Fee,
development
impact
fees
applicable
to
the
Project
shall
not
be
required
to
be
paid
with
the
recordation
of
any
final
map
but
rather
with
the
issuance
of
building
permits.
(c) Construct of Phase 1 Park Space and Quimby Fees . (i) As set forth in the Specific Plan, the Developer will be required to complete
construction
of
an
approximately
five
and
one
half
(5.5)
acre
park
space
located
within
the
Phase
1 Property
in
“turnkey”
condition
ready
for
use
by
the
public
and
acceptance
of
same
by
the
City,
with
the
park
and
its
amenities
subject
to
reasonable
approval
by
the
City
before
construction
begins
(the
“
Phase
1 Park
Space
”).
As
set
forth
in
the
Specific
Plan,
the
Phase
1 Park
Space
will
be
located
adjacent
to
an
additional
recreational
park
area
committed
to
the
use
of
the
residents
of
the
Teal
Club
Specific
Plan
Property,
which
private
recreation
area
will
be
approximately
1 acre
in
size
(the
“
HOA
Recreation
Area
”).
(ii) Upon acceptance, City shall grant full credit (“ Quimby Fee Credit
”)
to
Developer
in
an
amount
equal
to
the
value
of
the
land
and
costs
reasonably
incurred
by
Developer
in
connection
with
the
engineering
and
construction
of
the
Phase
1 Park
Space.
The
granting
of
such
credit
shall
be
subject
to
Developer providing
all
funding
necessary
for
a
mutually
agreed
upon
third
party
consultant
to
verify
all
of
the
Developer
costs
used
to
obtain
fee
credits.
Evidence
of
three
bids
shall
be
provided
for
all
reimbursable
work.
All
construction
related
to
Quimby
Fee
Credit
shall
comply
with
applicable
Prevailing
Wage
and
Public
Works
Project
contract
requirements.
Reimbursement
calculation
shall
be
consistent
with
methodology
of
the
Master
Planed
Improvement
Reimbursement
Policy,
Exhibit
D.
(iii)
If
Developer
wishes
to
obtain
the
Quimby
Fee
Credit
prior
to
the
construction
of
the
Phase
1 Park
Space
improvements,
Developer
shall
fully
bond
for
the
cost
of
engineering
and
construction
of
those
Phase
1 Park
Space
improvements
and
provide
an
irrevocable
offer
of
dedication
to
the
City
for
the
Phase
1 Park
Space
parcel
on
which
the
Phase
1 Park
Space
is
proposed
to
be
located.
With
respect
to
any
bonding
by
Developer
as
provided
above,
the
Developer
shall
be
entitled
to
a
Quimby
Fee
Credit
prior
to
construction
of
the
Phase
1 Park
Space,
as
applicable,
equal
to
one-half
of
the
value
of
the
bond
that
was
posted
for
the
applicable
improvements.
(iv) To the extent that, as of the time of issuance of building permits for any
portion
of
the
Project,
adequate
Quimby
Fee
Credits
(including
any
credit
issued
based
upon
the
posting
of
the
bond
as
described
above)
do
not
exist
to
cover
the
applicable
Quimby
Fees,
then
the
City
shall
not
require
the
payment
of
Quimby
Fees
until
the
issuance
of
a
certificate
of
occupancy
for
that
portion
of
the
Project.
If,
at
the
time
of
issuance
of
the
certificates
of
occupancy,
adequate
Quimby
Fee
Credits
still
do
not
exist
to
cover
the
applicable
Quimby
Fees,
then
Developer
shall
pay
the
remaining
balance
of
Quimby
Fees
then
due
to
the
City.
At
such
time,
if
it
occurs,
that
adequate
Quimby
Fee
Credits
have
accrued
to
cover
amounts
previously
paid
by
the
Developer
to
the
City
for
Quimby
Fees,
the
City
shall
refund
any
excess
Quimby
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1099
Fees to the Developer. Notwithstanding any language in this Agreement to the contrary, the Developer
is
only
authorized
to
use
Quimby
Fees
Credits
within
the
Project
and
will
not
be
entitled
to
reimbursement
for
such
Quimby
Fee
Credits
if
such
credits
are
not
utilized
within
the
Project
itself.
(e) Application of Reimbursement for Master Planned Infrastructure Improvements.
For infrastructure improvements which are eligible for reimbursement, Developer shall be
reimbursed
pursuant
to
City
Resolution
No.
10,272
of
the
City
of
Oxnard
("A
Resolution
of
the
City
of
Oxnard
Establishing
a
Policy
Concerning
Credit
In
Lieu
of
Payment
for
Facilities
Fees
and
Reimbursement
for
Construction
of
Planned
Facilities
for
Drainage,
Wastewater,
Traffic
Circulation
and
Water
Systems")
attached
hereto
as
Exhibit
C
and
the
Development
Services
Department
Master
Planned
Improvement
Reimbursement
Policy,
dated
July
6,
2010
and
updated
March
15,
2017
attached
hereto
as
Exhibit
D
(collectively,
the
"Reimbursement
Policy").
5. Project Infrastructure . Subject to the terms of this Agreement, the Developer shall
construct
at
its
sole
cost
and
expense
all
infrastructure
improvements
specifically
required
for
the
Project,
as
specified
by
the
Specific
Plan
(“Project
Infrastructure”)
and
mitigation
measures
under
the
EIR.
6. Development of the Project . (a) Permitted Uses . The Developer agrees that the Project shall be developed in
accordance
with
the
Specific
Plan.
(b) Development Standards . All development and design requirements and standards
applicable
to
the
Project
shall
conform
to
the
Applicable
Rules.
(c) Pre-Screening/Special Review of New Development in Project . City and Developer
shall
cooperate
to
utilize
a
pre-screening/special
review
process
for
new
subdivisions
and
commercial
developments
located
within
the
Project
to
ensure
compliance
with
the
Specific
Plan
and
the
associated
Environmental
Impact
Report.
Such
pre-screening/special
review
shall
occur
prior
to
the
issuance
of
building
permits
for
construction
of
Dwelling
Units
and
commercial
structures.
Review
of
an
application
through
the
pre-screening/special
review
process
as
provided
by
this
subsection
or
the
Specific
Plan
shall
not
be
deemed
to
waive
any
of
the
Applicable
Rules
pertaining
to
review
or
approval
of
such
application,
including,
but
not
limited
to
the
requirement
for
any
applicable
public
hearing.
Developer
authorizes
the
imposition
of
City
fees
necessary
to
cover
the
direct
costs
of
such
pre-screening/special
review
process.
This
process
shall
terminate
upon
the
expiration
of
this
Agreement
or
the
issuance
of
the
final
certificate
of
occupancy
for
development
within
the
Project,
whichever
occurs
first.
(d) Expedited Processing. In addition, City and Developer shall cooperate, at Developer’s
sole
cost
and
expense,
to
expedite
the
development
design
review
process,
the
building
plan
review
process,
improvement
plan
review
process,
and
if
necessary,
expedite
the
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1100
entitlement review process for developments to be located within the Project. Review of any application
through
any
expedited
process
as
provided
by
this
subsection
shall
not
be
deemed
to
waive
any
of
the
Applicable
Rules
pertaining
to
review
or
approval
of
such
application,
including,
but
not
limited
to,
any
public
hearing
required
in
connection
therewith.
Any
such
process
shall
terminate
upon
the
expiration
or
termination
of
this
Agreement
or
the
issuance
of
the
final
certificate
of
occupancy
for
development
within
the
Project,
whichever
occurs
first.
In
furtherance
thereof,
Developer
and
the
City
agree
to
comply
with
the
following
expedited
processing
requirements:
(i) If Developer chooses to utilize an expedited plan check process for the
review
of
improvement
plans
and
building
plans
for
the
Project,
within
two
(2)
weeks
of
written
request
by
Developer,
City
shall
determine
whether
the
City
will
retain
an
outside
consultant
for
review
of
the
Developer's
improvement
plans
and
building
plans.
Such
outside
consultant
or
City
staff
shall
be
at
the
sole
selection
of
City
and
shall
be
paid
for
at
the
sole
cost
and
expense
of
Developer
through
the
payment
of
an
increased
plan
check
fee
set
forth
herein.
If
City
elects
to
use
an
outside
consultant,
Developer
may
provide
its
input
on
which
of
the
City's
existing
outside
consultants
Developer
would
prefer,
but
the
final
consultant
selection
will
be
in
the
sole
discretion
of
the
City.
In
addition,
for
expedited
processing
to
occur
and
the
expedited
time
frames
to
apply,
the
first
submittal
must
be
verified
by
intake
screening
to
be
100
percent
complete,
and
all
resubmittals
must
similarly
be
intake
screening
verified
to
include
100
percent
complete.
Prior
to
the
City's
commencement
of
any
expedited
plan
check
for
an
improvement
plan
or
building
plan,
Developer
shall
pay
to
the
City
a
fee
equal
to
one
hundred
fifty
percent
(150%)
of
the
then
current
plan
review
fee
for
review
of
an
improvement
or
building
plan
("
Expedited
Plan
Check
Fee
").
(ii) Once a consultant is selected or City staff identified. City shall complete
plan
check
review
for
improvement
plans
and
building
plans
according
to
the
following
schedule:
First Plan Check for building permit submittals: City shall provide complete comments and
markup
within
six
(6)
calendar
weeks
of
submittal
of
a
complete
package.
First Plan Check for civil improvement plan submittals: City shall provide complete comments
and
markup
within
ten
(10)
calendar
weeks
of
submittal
of
a
complete
package.
Second and Third Plan Checks for civil improvement plans and building permit submittals:
City
shall
provide
complete
comments
and
markup
within
six
(6)
calendar
weeks
of
submittal
of
a
complete
package
that
responds
to
all
prior
plan
markups
and
comments.
Any subsequent Plan Checks for civil improvement plans and building permit submittals:
City
shall
provide
complete
comments
and
markup
within
four
(4)
calendar
weeks
of
submittal
of
a
complete
package
that
responds
to
all
prior
plan
markups
and
comments.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1101
Upon completion of plan check review, the City shall calculate and provide to Developer the
final
amount
of
permit
fees
incurred
within
ten
(10)
working
days
of
plan
set
approval.
(e) Additional Plan Check Fees . Should City determine, in its reasonable discretion,
that
the
Expedited
Plan
Check
Fee
will
be
insufficient
to
cover
City's
actual
costs
of
utilizing
City
staff,
retaining
an
outside
consultant,
or
any
combination
thereof,
in
order
to
expedite
the
review
process,
City
may
increase
the
Expedited
Plan
Check
Fee
upon
prior
notice
to
Developer
and
delivery
of
a
reasonably
detailed
explanation
of
the
basis
for
the
increased
Expedited
Plan
Check
Fee.
If
Developer
fails
to
promptly
deliver
to
City
the
increased
Expedited
Plan
Check
Fee
documented
by
City,
then
City
shall
have
no
further
obligation
to
expedite
review
as
set
forth
herein.
Developer
shall
have
the
right
to
terminate
any
expedited
processing
arrangement
at
any
time
upon
not
less
than
30 days’
notice.
Upon
completion,
any
remaining
balance
of
the
Expedited
Plan
Check
Fee
that
has
not
been
applied
to
expedited
processing
costs
shall
be
returned
to
Developer.
(f) Rough Grading Prior to Recordation of the Final Maps . Subject to: (1) the City’s receipt,
review
and
approval
of
a
grading
plan
for
the
Project
or
any
portion
thereof
(the
“
Grading
Plan
”),
geotechnical
report
and
engineering
geologic
report
for
the
Property;
(2) the
Developer’s
satisfaction
of
the
City’s
bonding
requirements;
and
(3) requirements
for
the
issuance
of
a
rough
grading
permit
with
respect
to
such
Grading
Plan,
the
City
agrees
to
review
the
reports
and
the
Grading
Plan
when
submitted
and
issue
a
rough
grading
permit
with
respect
to
the
Grading
Plan
subject
to
the
Grading
Plan’s
compliance
with
all
Applicable
Rules.
The
City
agrees
that
the
Grading
Plan
will
be
timely
reviewed
by
the
City,
that
a
rough
grading
permit
with
respect
to
the
Grading
Plan
may
be
issued,
and
that
the
Developer
may
rough
grade
the
Property
in
accordance
with
the
approved
Grading
Plan
without
the
Developer
first
recording
the
final
maps
associated
with
the
Project.
The
City
reserves
the
right
to
condition
the
issuance
of
such
rough
grading
permits
upon
the
Developer
implementing
and
maintaining
reasonable
and
appropriate
erosion
control
measures
until
sufficient
work
on
the
Property
is
completed
to
address
erosion
concerns.
(g) Compliance with Government Code Section 66473.7 . Any tentative maps prepared
for
this
Project
or
any
portion
thereof
shall
comply
with
Government
Code
Section
66473.7,
to
the
extent
that
this
code
section
is
applicable
to
that
tentative
map.
(h) Subsequent Discretionary Action and Approval . The City agrees not to unreasonably
withhold,
condition
or
delay
any
Discretionary
Action
or
Discretionary
Approval
or
other
action
or
approval
by
the
City
which
may
be
required
by
the
Project
subsequent
to
the
execution
of
this
Agreement.
Upon
the
filing
of
a
complete
application
and
payment
of
appropriate
processing
fees
by
Developer,
the
City
shall
promptly
commence
and
diligently
schedule
and
convene
all
required
public
hearings
in
an
expeditious
manner
consistent
with
the
law
and
process
all
Discretionary
Actions
and
Discretionary
Approvals
in
an
expeditious
manner.
(i) Pace of Development; Phasing . The Project area will be developed in various
phases
over
the
next
several
years.
In
order
to
accommodate
the
anticipated
intermittent
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1102
development patterns, all required circulation infrastructure and community improvements to accommodate
each
new
development
of
the
Specific
Plan
shall
be
completed
prior
to,
or
simultaneously
with,
individual
projects
and
as
required
by
the
tentative
tract
map(s)
and
final
map(s).
Such
tentative
and
final
maps
have
not
yet
been
submitted
to
the
City
and
have
not
yet
been
approved
by
the
City.
The
Specific
Plan
planning
areas
as
described
in
the
Specific
Plan
may
be
further
divided
into
subareas
to
better
reflect
the
anticipated
development
pattern
and
infrastructure
improvement
phasing,
as
long
as
such
changes
are
consistent
with
the
provisions
of
the
approved
tentative
tract
map(s)
and
final
map(s).
The
Specific
Plan
phasing
requirements
present
a
plan
of
Project
development
based
on
an
incremental
installation
of
infrastructure
improvements.
The
contemplated
phasing
recognizes
that
the
Property
is
presently
vacant
with
few
infrastructure
improvements.
The
City
and
Developer
shall
reasonably
cooperate
in
implementing
any
changes
or
updates
to
any
contemplated
phasing
of
infrastructure
improvements
upon
request
by
Developer,
provided
that
any
change
in
phasing
shall
continue
to
assure
that
adequate
public
facilities
and
services
will
be
available
for
each
new
phase
of
development
at
the
time
that
such
improvements
are
placed
into
use.
(j) Public Services for Project . The City hereby acknowledges and agrees that
when
the
infrastructure
improvements
called
for
by
the
Specific
Plan
have
been
completed,
the
City
will
have
sufficient
capacity
in
its
existing
infrastructure,
services
and
utility
systems
for:
traffic
circulation;
water
distribution,
sewer
collection,
sewer
treatment
and
sanitation
service;
water
treatment,
distribution
and
service;
and
drainage
to
accommodate
the
Project.
To
the
extent
that
the
City
renders
such
services
or
provides
the
utilities
referenced
in
this
Section,
the
City
hereby
agrees
to
timely
grant
or
issue
such
hookups
or
service
to
all
development
in
the
Project
after
payment
of
applicable
fees/charges.
7. Financing District; Maintenance Allocation (a) At Developer’s request, City agrees, subject to all public hearing and other legal
requirements,
to
process
the
formation
of
one
or
more
Community
Facilities
Districts
by
the
City
(a
“
Financing
District
”)
to
be
formed
over
all
or
part
of
the
Property;
for
the
purpose
of
funding
the
construction
and
on-going
operation
and
maintenance
of
(i)
the
Phase
1 Public
Park,
(ii)
Sewer
Lift
Station,
if
City
elects
to
have
its
maintenance
funded
by
the
Financing
District
rather
than
the
Master
Homeowner’s
Association,
(iii)
annual
mitigation
payments
to
the
City
for
police
and
fire
services
provided
to
the
Project
(“
Annual
Mitigation
Payments
”),
and
(iv)
may
include
public
sidewalks,
(v)
non-HOA
maintained
landscaping,
(vi)
such
other
common
facilities
or
services
as
Developer
may
request
and
City
shall
approve.
(b) The Developer acknowledges and agrees that it shall not seek the formation
of
a
Financing
District(s)
if
the
total
taxes
and
assessments
–
including
the
one
percent
property
tax
imposed
pursuant
to
Proposition
13,
any
other
existing
property
taxes
and/or
assessments,
and
the
proposed
assessments
and/or
taxes
to
be
imposed
by
the
Financing
District(s)–
exceed
1.8 percent
of
the
assessed
value.
If
one
or
more
Financing
Districts
are
formed,
the
City
shall
not
be
liable
for
the
financial
obligations
of
the
Financing
District
or
Financing
Districts
unless
the
City
specifically
agrees
in
writing
to
accept
such
liability.
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1103
(c) In connection with the Annual Mitigation Payments described above, (i) a portion
of
the
annual
assessments,
in
the
initial
amount
of
One
Hundred
and
Sixty
Four
Thousand
Dollars
($164,000),
as
subsequently
increased
for
an
annual
inflation
adjustment
to
be
provided
for
in
the
formation
documents
for
the
Financing
District,
shall
be
committed
to
annual
payment
to
the
City
to
mitigate
the
additional
police
service
operating
costs
attributable
to
the
Project
(the
“
Police
Services
Mitigation
Payment
”)
and
(ii)
a
portion
of
the
annual
assessments,
in
the
initial
amount
of
Four
Hundred
and
Sixty
Two
Thousand
Dollars
($462,000),
as
subsequently
increased
for
an
annual
inflation
adjustment
to
be
provided
for
in
the
formation
documents
for
the
Financing
District,
shall
be
committed
to
annual
payment
to
the
City
to
mitigate
the
additional
fire
protection
service
operating
costs
attributable
to
the
Project
(the
“
Fire
Services
Mitigation
Payment
”).
(d) Without limitation of the provisions set forth below, City and Developer agree
that,
notwithstanding
any
language
in
this
Agreement
to
the
contrary,
the
obligations
for
the
Developer
(including
its
successors
and
assigns)
to
pay,
through
the
assessments
or
special
taxes
of
the
Financing
District,
the
annual
Police
Services
Mitigation
Payment
and
the
annual
Fire
Services
Mitigation
Payment,
shall
survive
the
termination
or
expiration
of
this
Agreement
and
shall
continue
for
an
additional
fifty
(50)
year
period
provided
that
the
residential
improvements
subject
to
such
assessments
remain
in
place
on
the
Property.
(e) The annual Police Services Mitigation Payment and the annual Fire Services Mitigation
Payment
shall
commence
when
the
City
issues
the
certificate
of
occupancy
for
the
300th
market
rate
Dwelling
Unit
within
the
Project.
(f) On behalf of itself and its successors and assigns, Developer agrees that (unless
otherwise
approved
by
City
acting
in
its
sole
discretion):
(i) Not to initiate, support in any way and/or seek to repeal any Financing District
once
it
is
formed;
and
(ii) Not to initiate, support in any way and/or seek to reduce the amount of assessments
and/or
special
taxes
imposed
by
any
Financing
District
once
it
is
formed.
(g) Notwithstanding any language in this Agreement to the contrary, the obligation
for
the
Developer
(including
its
successors
in
interest
and
assigns)
to
pay
and
the
Financing
District
to
impose
assessments
or
special
taxes
shall
survive
the
termination
or
expiration
of
this
Agreement
and
shall
continue
so
long
as
the
Financing
District
survives.
In
connection
with
the
foregoing
and
in
furtherance
of
the
covenants
set
forth
above,
Developer
shall
include
provisions
in
its
CC&Rs
for
the
Project
providing
that
(A)
the
residents
of
the
Project
will
remain
subject
to
the
covenants
set
forth
in
Subsections
7(b)(i)
and
(ii)
above
for
a
period
of
at
least
fifty
(50)
years
after
the
recordation
of
those
CC&Rs,
(B)
if,
for
any
reason,
a
Financing
District
is
terminated
after
its
formation,
then
the
Master
HOA
will
be
automatically
required,
without
further
notice
from
or
action
by
the
City,
to
assume
all
obligations
of
the
terminated
Financing
District
and
to
thereafter
perform
all
responsibilities
of
the
Financing
District
in
the
same
manner
as
previously
performed
by
the
Financing
District,
and
(C)
such
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1104
provision of the CC&Rs is not subject to modification or waiver without the written consent of the
City.
8. Phasing for Affordable Housing within the Project Because of the need for affordable housing in the City, and in consideration of the rights and
benefits
provided
to
Developer
under
the
terms
of
this
Agreement,
the
Developer
declares,
covenants
and
agrees,
by
and
for
itself,
its
heirs,
executors,
administrators
and
assigns,
and
all
persons
claiming
under
or
through
it,
that,
for
a
period
of
fifty-five
(55)
years
from
the
Effective
Date,
the
Property
shall
be
held,
transferred,
encumbered,
used,
sold,
conveyed,
leased
and
occupied,
subject
to
the
following
covenants
and
restrictions:
(a) Fifteen percent (15%) of the total Dwelling Units constructed within the Project
–
constituting
a
minimum
of
108
units
--
shall
be
Affordable
to
Very
Low
Income
Households
and
Low
Income
Households,
with
forty
percent
of
that
fifteen
percent
(i.e.,
six
percent)
of
such
units
Affordable
to
Very
Low
Income
Households,
and
sixty
percent
of
such
fifteen
percent
(i.e.,
nine
percent)
of
such
units
affordable
to
Low
Income
Households.
(b) These Affordable Dwelling Units shall be rental units and will be constructed
in
either
PA
5 or
PA
6,
as
the
Developer
may
elect.
These
Affordable
Dwelling
Units
will
be
constructed
in
accordance
with
the
following
phasing
requirements:
(i) Before the City issues the certificate of occupancy for the 300th market
rate
Dwelling
Unit
within
the
Project,
Developer
must
pull
the
building
permit(s)
for
all
of
the
required
Affordable
Dwelling
Units
in
Planning
Area
5 and/or
6. (ii) Before the City issues a building permit for the 500th market rate Dwelling
Unit
within
the
Project,
Developer
must
have
obtained
a
certificate
of
occupancy
for
a
minimum
of
108
Affordable
Dwelling
Units
in
Planning
Area
5 and/or
6. (c) The Affordable Dwelling Units constructed pursuant to this section shall be
developed
without
further
required
subsidy
or
assistance
of
any
kind
from
the
City,
including
any
City
subsidy
provided
as
part
of
a
tax
credit
financing
of
the
affordable
project;
provided,
that
nothing
in
this
language
shall
limit
any
density
bonus
rights
(and
rights
of
related
incentives
and/or
waivers)
of
Developer
which
may
apply
under
the
terms
of
the
Specific
Plan
or
applicable
law,
as
long
as
(i)
the
Developer
goes
through
the
necessary
CEQA
process
for
such
additional
units;
and
(ii)
the
Developer
constructs
additional
Affordable
Unit(s)
equal
to
15 percent
of
the
additional
market
rate
Dwelling
Units
constructed
as
a
result
of
such
density
bonus.
9. Phasing and Maintenance of Public Park.
(a) The Developer will be required to complete construction of the Phase 1 Park
Space
and
HOA
Recreation
Area
to
the
City’s
issuance
of
a
certificate
of
occupancy
for
the
300
th
market
rate
Dwelling
Unit
within
the
Project.
The
Phase
1 Park
Space
and
HOA
Recreation
Area
will
be
designed
and
constructed
in
a
manner
consistent
with
the
plans
approved
by
the
City.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1105
(b) The parties contemplate that a Financing District formed pursuant to the provisions
of
this
Agreement
and
providing
for
delivery
of
services
shall
be
responsible
for
the
maintenance
of
the
public
park.
If
a
Financing
District
is
not
formed
before
the
Phase
I
Park
Space
is
completed
and
accepted
by
the
City,
then
the
Master
Homeowners
Association
or
the
Developer
shall
be
responsible
for
the
costs
of
maintenance
of
the
park
until
such
Financing
District
is
in
place
and
sufficient
funds
are
available
in
the
Financing
District
from
assessments
collected
and
distributed
to
the
City
to
cover
the
costs.
(c) Prior to completion of the Phase 1 Park Space, Developer shall complete construction
of
those
roadway
improvements
required
to
provide
vehicular
and
ADA-compliant
pedestrian
traffic
access
to
that
phase
of
the
park
from
both
new
and
existing
homes
in
the
community.
10. Farmland Mitigation Fee and Fire Capital Improvement Mitigation Fee (a) Farmland Mitigation Fee.
(i) Development of the Property will result in the loss of farmland. In consideration
of
the
rights
and
benefits
provided
to
Developer
under
this
Agreement
and
the
performance
by
City
of
its
obligations
hereunder
in
accordance
with
the
terms
of
this
Agreement,
Developer
agrees
to
pay
the
City
the
sum
of
Two
Million
Two
Hundred
Thousand
Dollars
($2,200,000)
in
mitigation
of
the
loss
of
this
farmland
(the
“
Farmland
Mitigation
Fee
”).
Developer
shall
pay
one-half
of
the
Farmland
Mitigation
Fee
upon
an
issuance
of
a
grading
permit
for
any
portion
of
the
Property.
After
the
issuance
of
the
first
grading
permit,
Developer
shall
pay
the
balance
of
the
Farmland
Mitigation
Fee
upon
issuance
of
the
first
certificate
of
occupancy
for
any
structure
located
on
the
Property.
(ii) The City shall use the Farmland Mitigation Fee for the construction
of
Affordable
housing
within
the
City’s
corporate
boundaries
that
is
devoted
to
occupancy
by
farm
workers.
(iii) Starting on the second (2nd) year anniversary of the payment of the
first
one-half
(1/2)
of
the
Farmland
Mitigation
Fee,
and
continuing
every
year
thereafter
until
the
second
one-half
of
the
Farmland
Mitigation
Fee
is
paid
in
full,
the
unpaid
portion
of
the
Farmland
Mitigation
Fee
shall
be
increased
by
the
percentage
increase,
if
any,
in
the
Engineering
News-Record
(ENR)
index
over
the
prior
twelve
(12)
month
period.
(b) Fire Capital Improvement Mitigation Fee .
(i) In consideration of the rights and benefits to Developer under this Agreement
and
the
performance
by
City
of
its
obligations
hereunder
in
accordance
with
the
terms
of
this
Agreement,
Developer
also
agrees
to
contribute
a
payment
(the
“Fire
Mitigation
Payment”)
in
the
total
amount
of
Three
Hundred
Fifty
One
Thousand
Seven
Hundred
and
Twenty
Six
Dollars
($351,726)
towards
the
capital
costs
of
the
planned
Fire
Station
1 renovation/reconstruction
and
the
purchase
of
a
new
fire
engine
for
that
station.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1106
(ii) These payments will be in addition to the Fire Component of the Growth Capital
Fee
that
will
be
paid
to
the
City
in
connection
with
the
build
out
of
this
Project
(in
the
projected
amount
of
$676,434
(based
on
2022
fees
Growth
Capital
Fee
Fire
Component).
The
City
recognizes
and
confirms
that
the
cumulative
payment
of
the
Fire
Mitigation
Payment
under
this
Agreement
and
that
Growth
Capital
Fee
Fire
Component
will
fully
fund
and
mitigate
the
Project’s
share
of
all
capital
improvement
requirements
for
fire
services
resulting
from
this
Project.
Nothing
in
this
subsection
shall
be
interpreted
as
locking
in
the
Growth
Capital
Fee
at
prior
rates.
The
amount
of
such
fee
shall
be
calculated
at
the
applicable
rate
when
the
building
permit
is
pulled
for
each
residential
unit.
(iii) Developer shall pay one-half of the Fire Mitigation Payment upon an issuance
of
a
grading
permit
for
any
portion
of
the
Property.
After
the
issuance
of
the
first
grading
permit,
Developer
shall
pay
the
balance
of
the
Fire
Mitigation
Fee
upon
issuance
of
the
first
certificate
of
occupancy
for
any
structure
located
on
the
Property.
(iv) Starting on the second (2nd) year anniversary of the payment of the first one-half
(1/2)
of
the
Fire
Mitigation
Payment,
and
continuing
every
year
thereafter
until
the
second
one-half
of
the
Fire
Mitigation
Payment
is
paid
in
full,
the
unpaid
portion
of
the
Fire
Mitigation
Payment
shall
be
increased
by
the
percentage
increase,
if
any,
in
the
Engineering
News-Record
(ENR)
index
over
the
prior
twelve
(12)
month
period.
(iv) The City shall use a portion of Fire Mitigation Payment (in the amount of $211,726)
solely
for
the
purposes
of
that
Fire
Station
1 renovation/reconstruction
and
a
portion
of
that
payment
(in
the
amount
of
$140,000)
toward
the
purchase
of
that
new
fire
engine.
(b) The sewer lift station will be publicly maintained. It will be up to the City to
determine
if
such
public
maintenance
is
funded
by
general
district
charges
reflecting
existing
City
practices
or
use
of
a
services
Financing
District
created
with
respect
to
the
Project.
11. Sewer Lift Station and Sewer Collection System (a) Subject to design and construction in compliance with all Applicable Rules,
City
and
Developer
have
agreed
that
a
sewer
lift
station
may
be
incorporated
into
the
Project
sufficient
to
meet
the
requirements
of
the
Project
provided
that
such
lift
station
shall
serve
only
the
described
development
and
not
be
designed
to
accommodate
future
upstream
development
unless
mutually
agreed
to
by
both
parties.
Specifically, the Developer shall, at a minimum:
●
Schedule a scope verification meeting with the Engineering and Wastewater Divisions
prior
to
the
start
of
any
planning
or
design
work
●
Complete and submit for approval a basis of design document 84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1107
●
Developer shall be responsible for the cost of incorporating the new flows into the existing
sanitary
sewer
model
to
determine
downstream
sanitary
sewer
system
impacts
●
Based on results of the modeling exercise, Developer agrees to update the basis of design
document
and
upgrade
any
deficient
downstream
sewers
made
deficient
by
the
proposed
development
inflows
In connection with such construction, Developer shall adhere to the latest applicable design requirements
imposed
by
the
City
pursuant
to
this
Agreement
including
but
not
limited
to:
●
Designing and constructing a submersible lift station ●
Specifying City standardized equipment for publicly owned lift stations including submersible
pumps,
sensors,
valves,
flow
metering,
electrical
and
supervisory
control
and
data
acquisition
●
A stationary standby generator and Bypass pumping connection ●
Odor control
●
Site security including perimeter block wall, gate, alarms, video surveillance, etc. ●
Site plan that allows large vehicle entrance and parking ●
Suitable sound attenuation and shade covers
12. Infrastructure and Facility Maintenance
(a) The City will be responsible for maintaining the public road pavement, and
public
utilities,
including
the
sewer
collection
system
(not
the
sewer
lift
station)
within
the
public
roads
within
the
Project.
The
City
will
be
responsible
for
maintaining
the
public
water
system
and
services
up
to
the
meters
within
both
the
public
and
private
roads.
The
City
may
be
responsible
for
maintaining
public
sidewalks,
depending
on
their
design
and
location.
(b) The Master Homeowners Association will be responsible for maintaining:
(i) All public parkways and medians in the public streets within the Project.
(ii) For the existing perimeter public streets (Teal Club, Doris, Patterson,
and
Ventura
Roads),
all
parkways
on
the
side
of
the
road
abutting
the
Project
and
the
medians.
(iii) All private streets, sidewalks, and parkways, inside the Project. (iv) All private utilities, including sewer and storm drainage pipelines within
the
private
streets.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1108
(v) Water quality and detention basins.
(c) Refer to Section 7 Financing District; Maintenance Allocation for items contemplated
to
be
included
in
the
Financing
District(s).
13. Local Preference in Marketing and Hiring for Construction of the Project Developer, on behalf of itself and its successors in interest and assigns, agrees to be bound
by
the
“Local
Preference
Program
for
Phase
1 of
Teal
Club
Specific
Plan
(Local
Buyer
and
Local
Hire
Preferences)”,
which
is
attached
hereto
as
Exhibit
E
and
incorporated
hereby
in
this
reference.
14. Extension of Maps and Project Approvals . In accordance with Government Code
Section
66452.6,
subd.
(a)
and
Government
Code
Section
65863.9,
unless
a
longer
term
would
result
under
otherwise
applicable
state
law,
the
term
of
any
subdivision
map
approval
or
other
permits
approved
as
part
of
the
Project
approvals
shall
be
automatically
extended
for
the
term
of
this
Agreement.
15. Compliance Review .
(a) Periodic Review . Pursuant to Government Code Section 65865.1, the City
Manager
shall,
not
less
than
once
in
every
twelve
(12)
months,
review
the
Project
and
this
Agreement
to
ascertain
whether
or
not
the
Developer
is
in
good
faith
compliance
with
the
terms
of
this
Agreement
(the
“
Periodic
Review
”).
(b) Review Procedure . During a Periodic Review, Developer shall provide information
reasonably
requested
by
the
City
Manager
that
the
Project
is
being
developed
in
good
faith
compliance
with
the
terms
of
this
Agreement.
Upon
completion
of
a
Periodic
Review,
the
City
Manager
shall
submit
a
report
to
the
City
Council
setting
forth
the
City
Manager’s
findings.
If,
as
a
result
of
a
Periodic
Review,
the
City
Council
finds
and
determines
on
the
basis
of
substantial
evidence
that
the
Developer
has
not
complied
in
good
faith
with
the
terms
or
conditions
of
this
Agreement,
the
City
shall
issue
a
written
“Notice
of
Non-Compliance”
to
the
Developer
specifying
the
grounds
therefore
and
all
facts
demonstrating
such
non-compliance.
The
Developer’s
failure
to
cure
the
alleged
non-compliance
within
ninety
(90)
days
after
receipt
of
the
notice,
or,
if
such
noncompliance
is
not
capable
of
being
cured
within
ninety
(90)
days,
the
Developer’s
failure
to
initiate
the
actions
required
to
cure
such
non-compliance
within
ninety
(90)
days
after
receipt
of
the
notice,
shall
constitute
a
default
under
this
Agreement
on
the
part
of
the
Developer
and
shall
constitute
grounds
for
the
termination
of
this
Agreement
by
the
City
as
provided
for
below.
(c) Termination or Modification for Non-Compliance . Pursuant to Government
Code
Section 65865.1,
if
the
City
Council
finds
and
determines,
on
the
basis
of
substantial
evidence,
that
the
Developer
has
not
complied
in
good
faith
with
the
terms
or
conditions
of
this
Agreement,
the
City
Council
may
modify
or
terminate
this
Agreement..
Any
action
by
the
City
with
respect
to
the
termination
or
modification
of
this
Agreement
shall
comply
with
the
notice
and
public
hearing
requirements
of
Government
Code
Section 65867
in
addition
to
any
other
notice
required
by
law.
Additionally,
the
City
shall
give
the
Developer
written
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1109
notice of its intention to terminate or modify this Agreement and shall grant the Developer a reasonable
opportunity
to
be
heard
on
the
matter
and
to
oppose
such
termination
or
modification
by
the
City.
(d) Certificate of Agreement Compliance . If, at the conclusion of an annual review,
Developer
is
found
to
be
in
good
faith
compliance
with
this
Agreement,
City
shall,
upon
request
by
Developer,
issue
a
Certificate
of
Agreement
Compliance
(“
Certificate
”)
to
Developer
stating
that,
after
the
most
recent
annual
review
and
based
upon
the
information
then
known
to
the
City,
(a)
this
Agreement
remains
in
effect
and
(b)
Developer
is,
to
the
current
actual
knowledge
of
the
City,
in
good
faith
compliance
with
the
Agreement
as
required
by
section
65865.1
of
the
Development
Agreement
Act.
Additionally,
as
set
forth
in
Section
22(o)
,
either
Party
may
at
any
time
request
from
the
other
an
estoppel
certificate
confirming,
in
addition
to
the
foregoing,
the
status
of
the
other
Party's
performance
of
its
obligations
under
this
Agreement
to
the
knowledge
of
the
certifying
Party.
City's
failure
to
conduct
a
review
at
least
annually
of
Developer's
compliance
with
the
terms
and
conditions
of
this
Agreement
shall
not
constitute
or
be
construed
by
City
or
Developer
as
a
breach
of
or
a
default
under
this
Agreement,
or
have
any
impact
upon
Developer’s
rights
under
this
Agreement.
16. Modification. Amendment or Cancellation by Mutual Consent . Pursuant to Government
Code
Section 65868,
this
Agreement
may
be
amended
or
canceled,
in
whole
or
in
part,
by
mutual
written
consent
of
the
City
and
the
Developer
or
their
successors
in
interest.
Public
notice
of
the
parties’
intention
to
amend
or
cancel
any
portion
of
this
Agreement
shall
be
given
in
the
manner
provided
by
Government
Code
Section 65867.
Any
amendment
to
the
Agreement
shall
also
be
subject
to
the
provisions
of
Government
Code
Section 65867.5.
17. Defaults, Notice and Cure Periods, Events of Default and Remedies .
17.1 Default By the Developer .
17.1.1 Default . If the Developer does not perform its obligations under this
Agreement
in
a
timely
manner,
the
City
may
exercise
all
rights
and
remedies
provided
in
this
Agreement,
provided
the
City
shall
have
first
given
written
notice
to
the
Developer
as
provided
in
Section 22(a)
hereof,
and
provided
further
the
Developer
may
appeal
such
declaration
in
the
manner
provided
in,
and
subject
to
all
terms
and
provisions
of
Section 18
.
In
addition,
the
parties
agree
that
the
City's
right
to
compel
specific
performance
of
the
obligations
of
Developer
shall
be
subject
to
the
limitations
set
forth
in
Section
17.1.5 of
this
Agreement;
and
that
the
City
shall
have
no
right
to
monetary
damages
as
a
result
of
any
failure
by
Developer
to
start
or
complete
the
Project
(other
than
to
the
extent
arising
from
the
Developer's
failure
to
complete,
remove
or
secure
improvements
as
required
by
Section
17.1.5 below
or
to
pay
any
amounts
or
reimbursements
due
to
City
under
the
express
terms
of
this
Agreement).
17.1.2 Notice of Default . If the Developer does not perform its obligations
under
this
Agreement
in
a
timely
manner,
the
City
through
the
City
Manager
may
submit
to
the
Developer
a
written
notice
of
default
in
the
manner
prescribed
in
Section 22(a)
identifying
with
specificity
those
obligations
of
the
Developer
under
this
Agreement
which
have
not
been
timely
performed.
Upon
receipt
of
any
such
written
notice
of
default,
the
Developer
shall
promptly
commence
to
cure
the
identified
default(s)
at
the
earliest
reasonable
time
after
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1110
receipt of any such written notice of default and shall complete the cure of any such default(s) no later
than
one
hundred
and
twenty
(120)
days
after
receipt
of
any
such
written
notice
of
default,
or
within
such
longer
period
as
is
reasonably
necessary
to
remedy
such
default(s),
provided
the
Developer
shall
commence
the
cure
of
any
such
default(s)
within
such
one
hundred
and
twenty
(120)
day
period
and
thereafter
diligently
pursue
such
cure
at
all
times
until
any
such
default(s)is
cured.
17.1.3 Failure to Cure Default Procedure . If after the cure period provided
in
Section 17.1.2
has
elapsed,
the
City
Manager
finds
and
determines
the
Developer,
or
its
successors,
transferees
and/or
assignees,
as
the
case
may
be,
remains
in
default
and
that
the
City
intends
to
terminate
or
modify
this
Agreement,
or
those
transferred
or
assigned
rights
and
obligations,
as
the
case
may
be,
the
City’s
Development
Services
Director
shall
make
a
report
to
the
Planning
Commission
and
then
set
a
public
hearing
before
the
Planning
Commission
in
accordance
with
the
notice
and
hearing
requirements
of
Government
Code
Sections
65867
and
65868.
If
after
public
hearing,
the
Planning
Commission
finds
and
determines,
on
the
basis
of
substantial
evidence,
that
the
Developer,
or
its
successors,
transferees
and/or
assigns,
as
the
case
may
be,
has
not
cured
a
default
under
this
Agreement
pursuant
to
this
Section 17.1
and
that
the
City
shall
terminate
or
modify
this
Agreement,
or
those
transferred
or
assigned
rights
and
obligations,
as
the
case
may
be,
the
Developer,
and
its
successors,
transferees
and/or
assigns,
shall
be
entitled
to
appeal
that
finding
and
determination
to
the
City
Council
in
accordance
with
Section 18
.
Such
right
of
appeal
shall
include,
but
not
be
limited
to,
any
objection
to
the
manner
in
which
the
City
intends
to
modify
this
Agreement
if
the
City
intends
as
a
result
of
a
default
of
the
Developer,
or
one
of
its
successors
or
assigns,
to
modify
this
Agreement.
In
the
event
of
a
finding
and
determination
that
all
defaults
are
cured,
there
shall
be
no
appeal
by
any
person
or
entity.
Nothing
in
this
Section
17.1 or
this
Agreement
shall
be
construed
as
modifying
or
abrogating
the
City
Council’s
right
of
review
of
Planning
Commission
actions.
17.1.4 Termination or Modifications of Agreements . The City may terminate
or
modify
this
Agreement,
or
those
transferred
or
assigned
rights
and
obligations,
as
the
case
may
be,
after
such
final
determination
of
the
City
Council
or,
where
no
appeal
is
taken,
after
the
expiration
of
the
applicable
appeal
periods
described
in
Section 18
,
There
shall
be
no
modifications
of
this
Agreement
unless
the
City
Council
acts
pursuant
to
Government
Code
Sections
65967.5
and
65868,
irrespective
of
whether
an
appeal
is
taken
as
provided
in
Section 18.
Notwithstanding
any
other
provision
of
this
Agreement
to
the
contrary,
in
the
event
that:
(a) the
Developer
or
any
of
its
successors
assigns
some,
but
not
all,
of
its
rights
under
this
Agreement
in
connection
with
a
sale
of
some,
but
not
all,
of
the
Property;
and
(b) thereafter
the
Developer
or
one
or
more
of
its
successors
in
interest
under
this
Agreement
is
in
default
under
this
Agreement
and
either
the
Developer
or
one
or
more
of
its
successors
in
interest
under
this
Agreement
is
not
in
default
under
this
Agreement,
then
any
remedy
the
City
may
have
the
right
to
take
under
this
Agreement
including
the
right
of
termination
or
modification
of
this
Agreement
shall
only
apply
to
the
party(ies)
that
is
(are)
in
default
and
the
portion(s)
of
the
Property
owned
by
such
party(ies)
and
shall
not
apply
to
the
Developer
or
any
successor
and/or
assignee
of
the
Developer
under
this
Agreement
that
is
not
in
default
hereunder.
17.1.5 Limitation on Specific Performance Remedies and Damages . .
Except
as
provided
in
Section
17.4 below,
the
City
shall
have
no
right
to
seek
a
remedy
of
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1111
specific performance with respect to the Development of the Project; provided, however, Developer
acknowledges
and
agrees
(on
behalf
of
itself
and
its
successors-in
interest
and
assigns)
that
the
right
to
develop
the
Property
or
any
portion
thereof
may
be
limited,
restricted
or
substantially
delayed
until
such
time
that
Developer
complies
with
the
specific
requirements
of
this
Agreement.
17.1.6 Lender Protection Provisions .
17.1.6.1 Right to Encumber; Cooperation with Lenders .
The
parties
hereto
agree
that
this
Agreement
shall
not
prevent
or
limit
Developer,
in
any
manner,
at
Developer's
sole
discretion,
from
encumbering
the
Property
or
any
portion
thereof
or
any
improvement
thereon
by
any
mortgage,
deed
of
trust
or
other
security
device
securing
financing
with
respect
to
the
Property,
subject
to
the
requirement
that
any
such
encumbrances
shall
be
subordinate
to
this
Agreement..
City
acknowledges
that
the
lenders
providing
such
financing
may
require
certain
Agreement
interpretations
and/or
modifications
or
clarifications,
and
agrees
upon
request,
from
time
to
time,
to
meet
with
Developer
and
representatives
of
such
lenders
to
negotiate
in
good
faith
any
such
request
for
interpretation,
modification
or
clarification;
provided,
that
City
shall
have
no
obligation
to
agree
to
any
such
requested
interpretation,
modification
or
clarification.
Under
no
circumstances
shall
the
City
agree
to
the
subordination
of
this
Agreement
to
any
mortgage,
deed
of
trust
or
other
security
device
securing
financing.
17.1.6.2 Notice of Default . In addition to the notice provisions
set
forth
in
Section 22(a)
,
the
City
shall
send
a
copy
of
any
notice
of
default
sent
to
the
Developer
or
any
of
its
successors
or
assigns
to
any
lender
that
has
made
a
loan
then
secured
by
a
deed
of
trust
against
the
Property,
or
a
portion
thereof,
provided
such
lender
or
Developer
shall
have
(a) delivered
to
the
City
written
notice
in
the
manner
provided
in
Section 22(a)
of
such
lender’s
election
to
receive
a
copy
of
any
such
written
notice
of
default,
and
(b) provided
to
the
City
a
recorded
copy
of
any
such
deed
of
trust.
Any
such
lender
that
makes
a
loan
secured
by
a
deed
of
trust
against
the
Property,
or
a
portion
thereof,
and
delivers
a
written
notice
to
the
City
and
provides
the
City
with
a
recorded
copy
of
any
such
deed
of
trust
in
accordance
with
the
provisions
of
this
Section 17.1.6.2
is
herein
referred
to
as
a
“Qualified
Lender.”
17.1.6.3 Right of a Qualified Lender to Cure a Default . If the
Developer,
or
any
of
its
applicable
successors
or
assigns,
fails
to
timely
cure
any
default
under
this
Agreement
within
the
time
periods
specified
in
Section 17.1.2
,
then
the
City
shall
send
a
written
notice
of
any
such
failure
to
timely
cure
any
such
default
to
each
Qualified
Lender.
From
and
after
receipt
of
any
such
written
notice
of
failure
to
cure,
each
Qualified
Lender
shall
have
the
right
to
cure
any
such
default,
provided
the
Qualified
Lender(s)
commence
the
cure
of
any
such
default
within
thirty
(30)
days
after
receipt
of
any
such
written
notice
of
failure
to
cure
and
thereafter
diligently
pursue
the
cure
thereof
to
completion.
If
the
nature
of
any
such
default
is
such
that
a
Qualified
Lender
cannot
reasonably
cure
any
such
default
without
being
the
owner
of
the
Property,
or
the
applicable
portion
thereof,
then
so
long
as
the
Qualified
Lender(s)
is
(are)
proceeding
to
foreclose
the
lien
of
its
deed
of
trust
against
the
Property,
or
the
applicable
portion
thereof,
and
after
completing
any
such
foreclosure
promptly
commence
the
cure
of
any
such
default
and
thereafter
diligently
pursue
the
cure
of
such
default
to
completion,
such
Qualified
Lender
shall
be
deemed
to
be
diligently
pursuing
the
cure
of
any
such
default.
Any
lender
that
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1112
has made a loan to a party that owns a single family dwelling unit (whether a detached single family
home,
a
townhome
or
a
condominium),
provided
such
party
is
not
a
developer
of
the
Property
or
a
portion
thereof,
shall
not
be
deemed
to
be
a
Qualified
Lender.
17.1.6.4 Exercise of City’s Remedies . Notwithstanding any other
provision
of
this
Agreement,
the
City
shall
not
exercise
any
right
or
remedy
granted
under
this
Agreement
or
otherwise
arising
out
of
a
default
under
the
Agreement
by
the
Developer
or
any
of
its
successors
or
assigns
during
the
period
of
time
which
the
Developer,
any
of
its
successors
or
assigns
and/or
a
Qualified
Lender
has
the
right
to
cure
any
such
default
pursuant
to
this
Section 17.1
.
17.1.6.5 No Impairment of Mortgage . Neither entering into
this
Agreement
nor
a
breach
of
this
Agreement
shall
defeat,
render
invalid,
diminish
or
impair
the
lien
of
any
mortgage
on
the
Property
made
in
good
faith
and
for
value.
In
no
event
shall
a
foreclosure
or
other
exercise
by
a
lender
of
its
pre-
or
post-foreclosure
rights
in
connection
with
a
mortgage
require
any
consent
or
approval
by
the
City.
Notwithstanding
any
language
in
this
section
to
the
contrary,
any
mortgage,
lien
or
encumbrance
recorded
against
the
Property
or
any
portion
thereof
shall
be
subject
to
the
provisions
of
this
Agreement.
In
addition,
notwithstanding
any
language
in
this
section
to
the
contrary,
Developer
acknowledges
and
agrees
(on
behalf
of
itself
and
its
successors-in
interest
and
assigns)
that
the
right
to
develop
the
Property
or
any
portion
thereof
may
be
limited,
restricted
or
substantially
delayed
until
such
time
that
Developer
complies
with
the
specific
requirements
of
this
Agreement.
17.2 Default by the City .
17.2.1 Default . In the event the City does not accept, process or render a decision
in
a
timely
manner
on
necessary
development
permits,
entitlements,
or
other
land
use
or
building
approvals
for
use
as
provided
in
this
Agreement
upon
compliance
with
the
requirements
therefore,
or
as
otherwise
agreed
to
by
the
City
and
Developer,
or
if
the
City
otherwise
defaults
under
the
provisions
of
this
Agreement,
the
Developer
shall
have
all
rights
and
remedies
provided
herein
or
by
applicable
law
(excepting
therefrom
monetary
damages
as
specified
in
Section
17.3),
which
shall
include
compelling
the
specific
performance
of
the
City’s
obligations
under
this
Agreement
provided
the
Developer
has
first
complied
with
the
procedures
in
Section 17.2
and
its
obligations
under
this
Agreement.
17.2.2 Notice of Default . Prior to the exercise of any other right or remedy
arising
out
of
a
default
by
the
City
under
this
Agreement,
the
Developer
shall
first
submit
to
the
City
a
written
notice
of
default
stating
with
specificity
those
obligations
which
have
not
been
performed
under
this
Agreement.
Upon
receipt
of
the
notice
of
default,
the
City
shall
promptly
commence
to
cure
the
identified
default(s)
at
the
earliest
reasonable
time
after
receipt
of
the
notice
of
default
and
shall
complete
the
cure
of
such
default(s)
no
later
than
thirty
(30)
days
after
receipt
of
the
notice
of
default,
or
such
longer
period
as
is
reasonably
necessary
to
remedy
such
default(s),
provided
the
City
shall
continuously
and
diligently
pursue
each
remedy
at
all
times
until
such
default(s)
is
cured.
17.3 Monetary Damages . The Developer and the City acknowledge that neither
the
City
nor
the
Developer
would
have
entered
into
this
Agreement
if
either
were
liable
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1113
for monetary damages under or with respect to this Agreement or the application thereof. Both the
City
and
the
Developer
agree
and
recognize
that,
as
a
practical
matter,
it
may
not
be
possible
to
determine
an
amount
of
monetary
damages
which
would
adequately
compensate
the
Developer
for
its
investment
of
time
and
financial
resources
in
planning
to
arrive
at
the
kind,
location,
intensity
of
use,
and
improvements
for
the
Project,
nor
to
calculate
the
consideration
the
City
would
require
to
enter
into
this
Agreement
to
justify
such
exposure.
Therefore,
the
City
and
the
Developer
agree
that
neither
shall
be
liable
for
monetary
damages
under
or
with
respect
to
this
Agreement
or
the
application
thereof
and
the
City
and
the
Developer
covenant
not
to
sue
for
or
claim
any
monetary
damages
for
the
breach
of
any
provision
of
this
Agreement.
This
foregoing
waiver
shall
not
be
deemed
to
apply
to
compelling
the
payment
of
any
fees
or
other
monetary
amounts
specifically
required
to
be
paid
by
the
Developer
to
the
City
pursuant
to
this
Agreement,
including,
but
not
limited
to,
any
amounts
due
pursuant
to
Section
22(m)
The
foregoing
waiver
shall
also
not
be
deemed
to
apply
to
any
fees
or
other
monetary
amounts
required
to
be
paid
or
credited
by
the
City
to
the
Developer
pursuant
to
this
Agreement,
including,
but
not
limited
to
fee
credits,
if
any,
required
to
be
credited
by
City
to
Developer
or
its
assignee(s).
In
addition,
Developer
acknowledges
and
agrees
(on
behalf
of
itself
and
its
successors-in
interest
and
assigns)
that
the
right
to
develop
the
Property
or
any
portion
thereof
may
be
limited,
restricted
or
substantially
delayed
until
such
time
that
Developer
complies
with
the
specific
requirements
of
this
Agreement,
including
(but
not
limited)
the
payment
of
amounts
due
the
City
pursuant
to
the
terms
of
this
Agreement.
17.4 Specific Performance. Due to the size, nature and scope of this Project, it will
not
be
practical
or
possible
to
restore
the
Property
to
it
natural
condition
once
implementation
of
this
Agreement
has
begun.
After
such
implementation,
Developer
may
be
foreclosed
from
other
choices
it
may
have
had
to
utilize
the
Property
and
provide
for
other
benefits.
Developer
has
invested
significant
time
and
resources
and
performed
extensive
planning
and
processing
of
the
Project
in
agreeing
to
the
terms
of
this
Agreement
and
will
be
investing
even
more
significant
time
and
resources
in
implementing
the
Project
in
reliance
upon
the
terms
of
this
Agreement
and
it
is
not
possible
to
determine
the
amount
of
monetary
damages
that
would
adequately
compensate
Developer
for
such
efforts.
For
the
foregoing
reasons,
the
City
and
Developer
agree
that,
subject
to
Section
17.3 above,
damages
would
not
be
an
adequate
remedy
if
City
fails
to
carry
out
its
obligations
under
this
Agreement,
and
that
Developer
shall
have
the
right
to
seek
and
obtain
specific
performance
as
a
remedy
for
any
breach
of
this
Agreement;
provided,
however,
that
as
a
condition
to
its
right
to
bring
such
specific
performance
action,
Developer
must
not
be
in
default
of
any
of
its
material
obligations
under
this
Agreement.
The
City's
remedy
to
terminate
or
amend
this
Agreement
in
the
event
of
Developer's
uncured
breach
shall
be
sufficient
in
most
circumstances.
Notwithstanding
the
foregoing,
if
the
City
approves
a
final
parcel
map
or
subdivision
map,
issues
a
permit,
or
issues
other
approval(s)
pursuant
to
this
Agreement
in
reliance
upon
a
specified
condition
or
conditions
being
satisfied
by
Developer
in
the
future,
and
if
Develop
then
proceeds
with
that
approved
development
but
fails
to
satisfy
such
related
condition(s),
the
City
shall
be
entitled
to
specific
performance
for
the
sole
purpose
of
causing
Developer
to
satisfy
such
condition
or
conditions.
Except
in
these
limited
circumstances,
the
City
shall
have
no
right
to
seek
specific
performance
to
cause
Developer
to
proceed
with
the
development
of
the
Project
in
any
manner;
provided,
however,
Developer
acknowledges
and
agrees
(on
behalf
of
itself
and
its
successors-in
interest
and
assigns)
that
the
right
to
develop
the
Property
or
any
portion
thereof
may
be
limited,
restricted
or
substantially
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1114
delayed until such time that Developer complies with the specific requirements of this Agreement.
18. Administration of Agreement and Resolution of Disputes . The Developer shall
at
all
times
have
the
right
to
appeal
to
the
City
Council
any
decision
or
determination
made
by
any
employee,
agent
or
other
representative
of
the
City
concerning
the
Project
or
the
interpretation
and
administration
of
this
Agreement.
All
City
Council
decisions
or
determinations
regarding
the
Project
or
the
administration
of
this
Agreement
shall
also
be
subject
to
judicial
review
pursuant
to
Code
of
Civil
Procedure
Section 1094.5,
provided
that,
pursuant
to
Code
of
Civil
Procedure
Section 1094.6,
any
such
action
must
be
filed
in
a
court
of
competent
jurisdiction
not
later
than
ninety
(90)
days
after
the
date
on
which
the
City
Council’s
decision
becomes
final.
19. Recordation of this Agreement . Pursuant to Government Code Section 65868.5,
the
City
Clerk
shall
record
a
copy
of
this
Agreement
in
the
Official
Records
of
the
County
within
ten
(10)
days
after
the
mutual
execution
of
this
Agreement.
20. Constructive Notice and Acceptance . Every person or entity who now or hereafter
owns
or
acquires
any
right,
title
or
interest
in
or
to
any
portion
of
the
Property
is,
and
shall
be,
conclusively
deemed
to
have
consented
and
agreed
to
every
provision
contained
herein,
whether
or
not
any
reference
to
this
Agreement
is
contained
in
the
instrument
by
which
such
person
acquired
an
interest
in
the
Property.
21. No Third Party Beneficiaries . This Agreement is made and entered into for the sole
protection
and
benefit
of
the
City,
the
Developer
and
their
respective
successors
and
assigns.
No
other
person
or
entity
shall
have
any
right
of
action
based
upon
any
provision
of
this
Agreement.
22. Miscellaneous .
(a) Notices . All notices, requests, demands, and other communications required
or
permitted
under
this
Agreement
shall
be
in
writing
and
shall
be
(as
elected
by
the
person
giving
such
notice)
(i)
hand
delivered
by
messenger
or
courier
service,
(ii)
by
overnight
delivery
(including
Federal
Express),
or
(iii)
by
United
States
(postage
prepaid),
registered
or
certified,
return
receipt
requested,
addressed
to
the
addresses
set
forth
below.
Each
notice
shall
be
deemed
delivered
(1)
on
the
date
delivered
if
by
personal
delivery,
(2)
on
the
date
of
delivery
by
the
overnight
delivery
service
if
by
overnight
delivery,
or
(3)
seventy-two
(72)
hours
after
deposit
in
the
United
States
(postage
prepaid)
if
by
registered
or
certified
mail.
By
giving
to
the
other
parties
at
least
fifteen
(15)
days'
written
notice,
the
parties
to
this
Agreement
and
their
respective
successors
and
assigns
shall
have
the
right
from
time
to
time
and
at
any
time
during
the
term
of
this
Agreement
to
change
their
respective
addresses
and
each
shall
have
the
right
to
specify
as
its
address
any
other
address.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1115
If to City: City of Oxnard 300 West Third Street Oxnard, California 93030 Attention: City Manager Tel. No.: (805) 385-7430 Fax No.: (805) 385-7595 with a copy to: City of Oxnard 214 S C Street Oxnard, California 93030 Attention: Community Development Director Tel. No.: (805) 385-7877 Fax No.: (805) 385-7854 And with a copy to: City of Oxnard 305 West Third Street Oxnard, California 93030 Attention: City Attorney Tel. No.: (805) 385-7483 Fax No.: (805) 385-7423 If to the Developer: Bob Bierig Canessa Capital 1334 Anacapa Street Santa Barbara, CA 93101 With a copy to: Jeff Douglas 108 Encino Avenue Camarillo, CA 93010 And with a copy to: Dennis Hardgrave 434 Park Cottage Place Camarillo, California 93012 And with a copy to: Abram Roy LLP 24025 Park Sorrento, Suite 460 Calabasas, CA 91302 Attn: Dennis Roy, Esq. (b) Severability . If any part of this Agreement is declared invalid for any reason,
such
invalidity
shall
not
affect
the
validity
of
the
remainder
of
the
Agreement.
The
other
parts
of
this
Agreement
shall
remain
in
effect
as
if
this
Agreement
had
been
executed
without
the
invalid
part.
The
City
and
the
Developer
intend
and
desire
that
the
remaining
parts
of
this
Agreement
continue
to
be
effective
without
any
part
or
parts
that
have
been
declared
invalid.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1116
(c) Entire Agreement; Conflicts . This Agreement, together with the Applicable
Rules,
represents
the
entire
agreement
between
the
City
and
the
Developer
with
respect
to
the
subject
matter
hereof
and
supersedes
all
prior
agreements
and
understandings,
whether
oral
or
written,
between
the
City
and
the
Developer
with
respect
to
the
matters
contained
in
this
Agreement.
Should
any
or
all
of
the
provisions
of
this
Agreement
be
found
to
be
in
conflict
with
any
other
provision
or
provisions
found
in
the
Applicable
Rules
or
the
Subsequent
Applicable
Rules,
including,
without
limitation,
the
Teal
Club
Specific
Plan,
then
the
provisions
of
this
Agreement
shall
govern
and
prevail.
(d) Further Assurances . The City and the Developer agree to perform, from time
to
time,
such
further
acts
and
to
execute
and
deliver
such
further
instruments
as
are
reasonably
necessary
to
effect
the
intents
and
purposes
of
this
Agreement,
provided
that
the
intended
obligations
of
the
City
and
the
Developer
are
not
thereby
modified
in
any
material
respect.
(e) Inurement and Assignment . This Agreement shall inure to the benefit of and
bind
the
successors
and
assigns
of
the
City
and
the
Developer,
and
the
applicable
portion
thereof
shall
be
assigned
by
the
Developer
to
any
party
or
parties
purchasing
all
or
any
part
of
the
Property,
or
any
interest
therein,
and
such
successor
party
shall
acquire
the
Property,
or
the
applicable
portion
thereof
subject
to
this
Agreement.
In
furtherance
of
the
foregoing,
the
parties
acknowledge
and
confirm
that
the
specific
rights
and
obligations
of
this
Agreement
shall
be
deemed
covenants
running
with
the
land
that
concern
and
affect
the
Property.
Prior
to
Developer’s
assignment
of
any
rights,
duties
or
obligations
under
this
Agreement,
the
Developer
shall
present
information
to
the
City
reasonably
demonstrating
that
the
proposed
successor
and/or
assignee
has
the
financial
ability
and
experience
to
fulfill
those
specific
rights,
duties
and
obligations
under
the
Agreement
that
the
successor
and/or
assignee
would
assume.
City
shall
have
the
right
to
approve
the
proposed
successor
and/or
assignee,
provided
that
the
City’s
approval
may
not
be
unreasonably
withheld,
conditioned
or
delayed.
In
connection
with
any
proposed
assignment
of
the
Property
and
this
Agreement,
or
a
portion
thereof,
Developer
shall
provide
not
less
than
fifteen
(15)
business
days
advance
notice
of
the
proposed
assignment
to
City
and
shall
provide
all
necessary
documentation
requested
by
the
City
as
provided
above.
Such
transfer
shall
not
occur
until
approved
by
the
City;
provided,
that,
notwithstanding
anything
herein
to
the
contrary,
the
following
homebuilders
and
their
subsidiaries
and
controlled
affiliates
operating
under
their
brand
name
are
hereby
pre-approved
for
assignment
of
all
or
any
portion
of
this
Agreement
and
all
rights,
duties
and
obligations
of
Developer
hereunder:
Lennar
Homes,
KB
Homes,
DR
Horton
and
Tri-Pointe
Homes.
Upon
the
close
of
escrow
for
transfer
of
the
Property
or
the
relevant
portion
thereof,
the
assignee
shall
assume
the
assigned
or
delegated
rights
and
obligations
under
this
Agreement
pursuant
to
a
form
of
assignment
and
assumption
agreement
approved
by
the
City,
which
approval
shall
not
be
unreasonably
withheld
or
conditioned.
Except
with
respect
to
any
assignment
of
Developer’s
rights
or
obligations
hereunder
in
connection
with
the
transfer
of
the
portion
of
the
Property
affected
thereby,
no
party
shall
have
the
right
to
assign
or
otherwise
transfer
its
rights
or
obligations
hereunder
and
any
such
attempted
assignment
or
transfer
shall
be
void.
Any
permitted
assignee
shall
succeed
to
all
the
rights
and
remedies
of
Developer
hereunder,
including,
but
not
limited
to,
the
specific
performance
of
this
Agreement.
Once
such
approved
assignment
or
succession
has
occurred
and
the
assignee
or
successor
in
interest
has
agreed
to
accept
the
applicable
obligations
under
this
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1117
Agreement, the obligations of Developer shall become several and Developer shall be released from
its
obligations
under
this
Agreement
that
have
been
assumed
by
the
assignee
or
successor
in
interest
with
respect
to
the
Property,
or
portion
thereof,
so
transferred,
and
a
default
by
one
successor
under
this
Agreement
as
to
one
portion
of
the
Property
shall
not
be
a
default
as
to
Developer
or
a
default
as
to
another
successor
on
another
portion
of
the
Property.
Notwithstanding
any
language
in
this
Section
22 to
the
contrary,
any
limitations
imposed
by
this
Agreement
on
the
issuance
of
certificates
of
occupancy
and
building
permits
for
market
rate
Dwelling
Units
until
a
specific
number
of
affordable
units
have
been
constructed,
the
Phase
1 Public
Park
has
been
constructed
and/or
the
Farmland
Mitigation
Fee
or
applicable
portion
thereof
has
been
paid,
shall
apply
against
the
entire
Property
until
each
of
these
specific
obligations
have
been
satisfied,
and
no
portion
of
the
Property
may
be
developed
free
of
those
limitations
until
such
obligation
is
fully
discharged.
Upon
the
completion
of
any
phase
or
tract
of
development
of
the
Project
as
reasonably
determined
by
the
City,
the
City
shall
release
that
completed
phase
or
tract
from
further
obligations
under
this
Agreement.
The
release
of
a
completed
phase
or
tract
from
further
obligations
under
this
Agreement
does
not
release
that
phase
or
tract
from
any
applicable
and
duly
executed
and
recorded
conditions,
covenants
and
restrictions
or
any
on-going
environmental
mitigation
measures
that
are
a
specific
obligation
of
that
completed
phase
or
tract,
as
required
by
applicable
Project
environmental
documents.
Notwithstanding
any
provision
of
this
Agreement
to
the
contrary,
this
Agreement
shall
terminate
as
to
any
Dwelling
Unit
which
has
been
finally
subdivided,
constructed,
issued
a
certificate
of
occupancy,
and
sold,
except
as
to
the
affordable
housing
covenants,
if
any,
which
may
exist
against
such
Dwelling
Units.
Upon
such
sale,
the
Dwelling
Unit
shall
be
released
from
and
shall
no
longer
be
subject
to
or
burdened
by
the
provisions
of
this
Agreement.
The
provisions
of
this
Section
22(e)
shall
be
self-executing
and
shall
not
require
the
execution
or
recordation
of
any
further
document
or
instrument.
(f) Negation of Agency . The City and the Developer acknowledge that, in entering
into
and
performing
under
this
Agreement,
each
is
acting
as
an
independent
entity
and
not
as
an
agent
of
the
other
in
any
respect.
Nothing
contained
herein
or
in
any
document
executed
in
connection
herewith
shall
be
construed
as
making
the
City
and
the
Developer
joint
venturers,
partners
or
employer/employee.
(g) Attorneys’ Fees . In the event of any claim, dispute or controversy arising out
of
or
relating
to
this
Agreement,
including
an
action
for
declaratory
relief
and
any
reference
proceeding
provided
for
herein,
the
prevailing
party
in
such
action
or
proceeding
shall
be
entitled
to
recover
its
court
costs
and
reasonable
out-of-pocket
expenses
not
limited
to
taxable
costs,
including,
but
not
limited
to
telephone
calls,
photocopies,
expert
witness,
travel,
and
reasonable
attorneys’
fees
and
costs
to
be
fixed
by
the
court.
Such
recovery
shall
include,
but
not
limited
to,
court
costs,
out-of-pocket
expenses
and
attorneys’
fees
on
appeal,
if
any.
The
court
shall
determine
who
is
the
“prevailing
party,”
whether
or
not
the
dispute
or
controversy
proceeds
to
final
judgment.
If
the
City
or
Developer
is
reasonably
required
to
incur
such
out-of-pocket
expenses
and
attorneys’
fees
as
a
result
of
any
claim
arising
out
of
or
concerning
a
breach
of
this
Agreement,
then
the
prevailing
party
shall
be
entitled
to
recover
such
reasonable
out-of-pocket
expenses
and
attorneys’
fees
whether
or
not
an
action
is
filed
or
pursued
to
judgment.
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1118
(h) Waiver . No waiver of any provision of this Agreement shall be effective unless
in
writing
and
signed
by
a
duly
authorized
representative
of
the
party
against
whom
enforcement
of
such
waiver
is
sought.
(i) Force Majeure . In the event of changed conditions, litigation filed to challenge
the
Project
approvals,
changes
in
local,
state
or
federal
laws
or
regulations,
floods,
delays
due
to
strikes,
inability
to
obtain
materials,
civil
commotion,
fire,
acts
of
God,
or
other
circumstances
which
interfere
in
any
material
respect
with
carrying
out
the
Project
or
with
the
ability
of
either
the
City
or
the
Developer
to
perform
its
obligations
under
this
Agreement,
and
which
are
not
due
to
actions
on
the
part
of
the
party
seeking
an
extension
of
time
for
performance
and
which
are
beyond
the
reasonable
control
of
that
party
(collectively,
“
Force
Majeure
Events
”),
the
Developer
and
the
City
agree
to
bargain
in
good
faith
to
modify
this
Agreement
as
may
be
necessary
to
achieve
the
goals
and
preserve
the
original
intent
of
this
Agreement,
and
the
party
experiencing
such
delay
shall
have
such
additional
time
to
perform
its
obligations
hereunder
as
may
be
reasonably
necessary
following
conclusion
of
the
event
of
delay.
(j) Section Headings . The section headings contained in this Agreement are for
convenience
and
identification
only
and
shall
not
be
deemed
to
limit
or
define
the
contents
to
which
they
relate.
(k) [ Reserved ]
(l) Counterparts . This Agreement and any modifications hereto may be executed
in
any
number
of
counterparts
with
the
same
force
and
effect
as
if
executed
in
the
form
of
a
single
document.
(m) Indemnification . The Developer agrees, as a condition of approval of this Agreement,
to
indemnify,
defend
and
hold
harmless
at
the
Developer’s
expense,
the
City,
the
City
Council,
and
the
City’s
agents,
officers
and
employees
from
and
against
any
claim,
action
or
proceeding
commenced
within
the
applicable
time
period,
to
challenge,
attack,
set
aside,
void
or
annul
the
approval
of
this
Agreement,
the
Teal
Club
Specific
Plan
or
EIR.
The
City
shall
promptly
notify
Developer
of
any
such
claim,
action
or
proceeding
of
which
the
City
receives
notice,
and,
as
a
condition
to
the
Developer’s
obligations
hereunder,
the
City
shall
cooperate
fully
and
timely
with
Developer
in
the
defense
thereof.
Developer
shall
provide
a
joint
defense
to
the
City
and
Developer
with
counsel
acceptable
to
the
City
to
defend
both
the
City
and
Developer,
which
City
approval
shall
not
be
unreasonably
withheld,
conditioned
or
delayed.
The
City
may,
in
its
sole
discretion
and
at
its
sole
expense,
elect
to
also
participate
in
the
defense
of
any
such
claim,
action
or
proceeding,
but
such
participation
shall
not
relieve
the
Developer
of
the
obligations
of
this
Section
or
increase
the
defense
costs
of
Developer.
Developer
shall
have
the
right
to
terminate
further
defense
of
this
Agreement,
the
Teal
Club
Specific
Plan
or
the
EIR,
or
any
portion
thereof,
but,
in
that
event,
City
shall
have
no
further
obligation
to
defend
such
portion
of
the
entitlements
or
agreements
of
Developer,
and
City
may
elect
to
allow
that
portion
of
those
provisions
or
entitlements
to
terminate.
The
filing
of
any
third
party
lawsuit(s)
against
City
or
Developer
relating
to
this
Agreement,
the
Applicable
Rules,
any
subsequent
project
approvals
or
other
development
issues
or
approvals
affecting
the
Property
shall
not
delay
or
stop
the
development,
processing
or
construction
of
the
Project,
approval
of
any
future
Discretionary
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1119
Approvals, or issuance of future permits or approvals, unless the third party obtains a court order preventing
the
activity.
City
shall
not
stipulate
to
or
cooperate
in
the
issuance
of
any
such
order.
(n) Intentionally Omitted.
(o) Estoppel Certificates . Within ten (10) business days following the receipt by
City
of
a
written
request
by
Developer,
the
City
shall
execute
and
deliver
to
the
requesting
Developer
a
statement
(an
"estoppel
certificate")
certifying
that
(i)
either
this
Agreement
is
unmodified
and
in
full
force
and
effect
or
there
have
been
specified
(date
and
nature)
modifications
to
the
Agreement,
but
it
remains
in
full
force
and
effect
as
modified;
and
(ii)
either
there
are
no
known
current
uncured
defaults
under
this
Agreement
or
that
the
City
alleges
that
specified
(date
and
nature)
defaults
exist.
The
estoppel
certificate
shall
also
provide
any
other
reasonable
information
requested.
The
failure
to
timely
deliver
a
requested
estoppel
certificate
shall
constitute
a
conclusive
presumption
that
this
Agreement
is
in
full
force
and
effect
without
modification,
except
as
may
be
represented
by
the
requesting
Developer,
and
that
there
are
no
uncured
defaults
in
the
performance
of
the
requesting
Developer,
except
as
may
be
represented
by
the
requesting
Developer.
The
requesting
Developer
shall
pay
to
City
all
reasonable
administrative
costs
incurred
by
City
in
connection
with
the
issuance
of
estoppel
certificates
under
this
Section
prior
to
City's
issuance
of
such
certificates.
Any
such
certificate
may
be
and
is
intended
to
be
relied
upon
by
any
person,
including,
but
not
limited
to,
the
other
party,
potential
purchasers
or
lessees
of
all
or
any
part
of
the
Property,
lenders
or
potential
lenders.
The
City
Manager
shall
be
authorized
to
execute
any
estoppel
certificate
hereunder
on
behalf
of
City
without
further
authorization
or
hearing
.
(p) Dates for Performance . The time in which any act under this Agreement is
to
be
done
shall
be
computed
by
excluding
the
first
and
including
the
last
day.
Should
the
date
for
the
giving
of
any
notice,
the
performance
of
any
act,
or
the
beginning
or
end
of
any
period
provided
for
in
this
Agreement
fall
on
a
Saturday,
Sunday
or
other
legal
holiday,
such
date
shall
be
extended
to
the
next
succeeding
business
day
which
is
not
a
Saturday,
Sunday
or
legal
holiday.
For
the
purposes
of
this
Agreement,
the
word
"day"
shall
mean
"calendar"
day
and
the
phrase
"business
day"
shall
mean
those
days
on
which
the
Ventura
County
Superior
Court
is
open
for
business.
(q) Reference of California Law . Unless expressly stated to the contrary, all references
to
statutes
herein
are
to
the
California
codes.
(r) Time of Essence. Time is of the essence of this Agreement, and all performances
required
hereunder
shall
be
completed
within
the
time
periods
specified.
[Signatures begin on next page]
84670.001 - 430415.3 84670.001 - 397351. (3/27/25 version)
1120
IN WITNESS WHEREOF, the parties have each executed this Agreement as of the date first
written
above.
THE ROBERT AND JOAN BORCHARD 2006 REVOCABLE FAMILY TRUST U/D/T DATED NOVEMBER 27, 2006 ____________________________ F. Robert Borchard, Trustee ____________________________ Joann M. Borchard, Trustee BORCHARD FAMILY 2024 REVOCABLE+ TRUST DATED FEBRUARY 23, 2024, ____________________________ Joseph Eugene Borchard, Trustee ____________________________ Janice Loree Borchard, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1121
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
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397351.7
1122
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
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397351.7
1123
84670.001
-
430415.4
84670.001
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397351.7
1124
____________________________ Paul E. Borchard, a married man as his sole and separate property A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
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430415.4
84670.001
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397351.7
1125
T & J HENSON FAMILY TRUST UNDER DECLARATION OF TRUST DATED SEPTEMBER 19, 2006, __________________________________ Frances Joan Henson, Trustee 84670.001
-
430415.4
84670.001
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397351.7
1126
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1127
THE ANDERSON FAMILY TRUST AGREEMENT, DATED AUGUST 25, 1998, ____________________________ Gerald J. F. Anderson, Trustee ____________________________ Margaret M. Anderson, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1128
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1129
Superseded Signature Intentionally Omitted
84670.001
-
430415.4
84670.001
-
397351.7
1130
Intentionally Omitted Jurat in Connection with Superseded Signature
84670.001
-
430415.4
84670.001
-
397351.7
1131
WINDWEN LANDS, LLC, a California limited liability company By: ____________________________ Name: __________________________ Its: ____________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1132
____________________________ Ian Alexander Bierig, an unmarried man NICOLE E. BIERIG TRUST DATED JUNE 8, 2016, ____________________________ Nicole Elizabeth Bierig Jordan, formerly known as Nicole E. Bierig, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1133
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1134
THE ROBERT AND JOANN BORCHARD 2006 REVOCABLE FAMILY TRUST DATED NOVEMBER 27, 2006, ____________________________ F. Robert Borchard, Trustee ____________________________ Joann M. Borchard, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1135
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1136
TRUST AGREEMENT DATED DECEMBER 15, 1992, KNOWN AS THE “DEMPSEY 1992 TRUST” ____________________________ Kevin P. Dempsey, Trustee ____________________________ Elizabeth A. Dempsey, Trustee or Successor in Trust 84670.001
-
430415.4
84670.001
-
397351.7
1137
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1138
DEVERICKS 1994 REVOCABLE FAMILY TRUST UNDER DECLARATION OF TRUST DATED DECEMBER 14, 1994, ____________________________ Richard Devericks, Co-Trustee ____________________________ Ellen Devericks, Co-Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1139
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1140
EDWARD AND JEANNE MYERS 1999 FAMILY TRUST UNDER DECLRATION OF TRUST DATED OCTOBER 28, 1999 ____________________________ Edward D. Myers, Co-Trustee ____________________________ Jeanne M. Myers, Co-Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1141
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1142
DEVERICKS 1994 REVOCABLE FAMILY TRUST DATED DECEMBER 14, 1994, ____________________________ Ellen C. Devericks, Trustee ____________________________ Richard B. Devericks, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1143
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1144
1999 MEYERS FAMILY TRUST DATED OCTOBER 28, 1999 ____________________________ Jeanne M. Myers, Trustee ____________________________ Edward Myers, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1145
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1146
DEMPSEY 1992 TRUST DATED DECEMBER 15, 1992, ____________________________ Elizabeth A. Dempsey, Trustee ____________________________ Kevin Dempsey, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1147
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1148
J & P DOUGLAS FAMILY TRUST DATED DECEMBER 4, 1998, ____________________________ Jeffrey C. Douglas, Trustee ____________________________ Mary Patricia Douglas, Trustee 84670.001
-
430415.4
84670.001
-
397351.7
1149
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1150
84670.001
-
430415.4
84670.001
-
397351.7
1151
____________________________ Joan Henson, a married woman, as her sole and separate property ____________________________ Margaret M. Anderson, a married woman, as her sole and separate property ____________________________ Paul Borchard, a married man, as his sole and separate property 84670.001
-
430415.4
84670.001
-
397351.7
1152
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1153
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1154
DEVELOPER: BORCHARD CORNER, LLC, a California limited liability company By: ______________________________ Name: ____________________________ Title: _____________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1155
CITY: CITY OF OXNARD, a municipal corporation of the State of California By: ______________________________ Name: Luis A. McArthur Title: Mayor
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1156
ATTEST: ________________________________ Luly Lopez, City Clerk
________________________________ Stephen Fischer, City Attorney
84670.001
-
430415.4
84670.001
-
397351.7
1157
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles ) On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State of California ) County of Los Angeles ) On ____________________, before me, ____________________________, a Notary Public, personally
appeared
_______________________________,
who
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),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph
is
true
and
correct.
WITNESS my hand and official seal.
Signature
84670.001
-
430415.4
84670.001
-
397351.7
1158
Exhibit A
Legal Description of Property
BORCHARD PROPERTY (APN 183-0-070-06, 07, 14 & 24) That parcel of land in the City of Oxnard and County of Ventura, State of California, described
in
Quitclaim
Deed
recorded
on
February
23,
2010
as
Instrument
No.
20090223-00023244,
of
Official
Records,
in
the
Office
of
the
County
Recorder
of
said
County
and
described
as
follows:
Lots 133, 158, 159, 160, partly in the City of Oxnard, County of Ventura and partly
in
the
County
of
Ventura,
State
of
California,
as
shown
on
the
Map
of
Patterson
Ranch,
recorded
in
Book
8,
Page
l
of
Maps,
in
the
office
of
the
County
Recorder
of
said
County.
EXCEPT that portion of said Lot 160 as conveyed to Ralph W. Borchard and Helen
M.
Borchard,
by
the
Grant
Deed
recorded
on
July
20,
1953,
in
Book
1145,
at
Page
293
of
Official
Records
and
described
as
follows:
Beginning at a county standard monument set at the intersection of the West
line
of
Ventura
Road
with
the
South
line
of
North
Road,
as
designated
and
delineated
upon
the
above
described
Map,
from
which
a
nail
set
at
the
Northeast
corner
of
said
Lot
160
bears
North
20.00 feet
distant;
thence
from
said
point
of
beginning.
1st: North 89° 59' 30" West 365.00 feet along the South line of said North
Road
to
a
3/4
inch
iron
pipe;
thence
leaving
said
South
line,
2nd: South 410.00 feet to a 3/4 inch iron pipe; thence, 3rd: South 89° 59' 30" East 365.00 feet to a 3/4 inch iron pipe set in the
West
line
of
said
Ventura
Road;
thence
along
said
West
line,
4th: North 410.00 feet to the Point of Beginning and containing 3.44 acres
of
land.
ALSO EXCEPT the interest in and to that portion of said Lot 133 as conveyed to the
City
of
Oxnard,
a
municipal
corporation,
by
the
Grant
Deed
recorded
on
September
2,
1977,
in
Book
4938,
Page
9 of
Official
Records
and
described
as
follows:
A portion of Lot 133, Patterson Ranch, in the County of Ventura, State of California,
as
per
map
recorded
in
Book
8,
Page
1 of
Maps,
in
the
Office
of
the
County
Recorder
of
said
County,
described
as
follows:
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A, Page 1
1159
Beginning at the Southeast corner of said Lot 133; thence northerly along the
East
line
of
said
Lot,
1st: North 20 feet to a point; thence leaving said east line, 2nd: South 45° 00’ 00" West 26.25 feet to a point on the Southerly line of
said
Lot
133;
thence
along
said
Southerly
line,
3rd: East 17.00 feet to the point of beginning. EXCEPTING THEREFROM all tile, pipe, conduits, and drains, laid, installed
or
placed
in,
through
or
across
said
land,
or
portion
thereof.
ALSO EXCEPT the interest in and to those portions of said land lying within Teal
Club
Road,
Patterson
Road,
and
North
Road,
as
said
roads
are
shown
on
said
Map,
conveyed
to
Ventura
County
as
and
for
public
highways
by
deed
recorded
November
7,
1913,
in
Book
139,
Page
169
of
Deeds,
in
said
Office.
ALSO EXCEPT an undivided 7/120 interest in the water well and pumping plant located
on
said
Lot
160,
as
conveyed
to
Ralph
W.
Borchard
and
Helen
M.
Borchard,
by
deed
recorded
on
July
20,
1953,
in
Book
1145,
Page
293
of
Official
Records
in
said
Office.
ALSO EXCEPT all tile, pipe, conduits and drains now laid, installed or placed in, through
or
across
said
land,
or
any
portion
thereof,
as
reserved
by
the
Patterson
Ranch
Company,
in
Deeds
recorded
December
5,
1913,
in
Book
142,
Page
40 of
Deeds;
December
5,
3913,
in
Book
142,
Page
41 of
Deeds;
December
8,
1913,
in
Book
142,
Page
52 of
Deeds;
and
January
10,
1917,
in
Book
155,
Page
43 of
Deeds
in
said
Office.
ALSO EXCEPTED and excluded from said land and reserved to Grantors is Grantors’
right,
title
and
interest,
if
any,
in
and
to
all
oil,
gas,
petroleum,
metals,
minerals,
steam,
hydrocarbon
substances,
subsoil
products,
fissionable
substances,
and
other
minerals,
materials
and
substances
except
water
in,
under,
produced
or
saved
from
the
Subject
Property
or
the
top
500
feet
of
the
subsurface.
ALSO EXCEPT the oil, gas, other hydrocarbon substances and minerals in and under said
land,
but
without
the
right
to
enter
on
the
surface
thereof
or
within
five
hundred
(500)
feet
beneath
the
surface,
as
partially
granted
in
the
Grant
Deeds
recorded
on
December
23,
1980,
in
Book
5801,
Page
36 and
in
Book
5801,
Page
38;
and
recorded
on
December
30,
1980,
in
Book
5804,
Page
774
–
all
of
Official
Records,
in
said
Office.
ALSO EXCEPT any interest in and to the oil, gas, other hydrocarbon substances and 84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A, Page 2
1160
minerals in and under said land, but without the right to enter on the surface thereof or within
five
hundred
(500)
feet
beneath
the
surface,
as
partially
granted
in
the
Quitclaim
Deeds
recorded
December
12,
2007,
as
Document
No.
20071212-00224961
and
as
Document
No.
20071212-224962
both
of
Official
Records,
in
said
Office.
ALSO EXCEPT the interest in and to that portion of said Lot 158 as conveyed to the Oxnard
School
District,
a
California
Public
School
District,
by
the
Grant
Deed
recorded
on
April
30,
2018,
as
Instrument
No.
20180430-00049494,
of
Official
Records
and
described
as
follows:
That portion of Lot 158 in the County of Ventura, State of California, as shown on the
Map
of
Patterson
Ranch,
recorded
in
Book
8,
Page
1 of
Maps,
in
the
Office
of
the
County
Recorder
of
said
County,
described
as
follows:
Beginning at the Northwesterly corner of said Lot 158, said point being shown on Record
of
Survey
filed
in
Book
56,
Page
73 and
74 of
Records
of
Survey,
in
the
Office
of
the
County
Recorder
of
said
County,
being
the
Northeasterly
terminus
of
that
line
shown
on
said
Survey
map
as
North
01°
14’
09 East
970.51
feet;
thence,
1st: Along the Westerly line of said Lot 158, South 01° 14’ 09” West, 970.51 feet
to
the
Southwesterly
corner
of
said
Lot
158;
thence,
2nd: Along the Southerly line of said Lot 158, South 88° 47’ 08” East, 1121.95
feet,
thence,
3rd: North 01° 14’ 09 East, 970.44 feet to a point on the Northerly line of said
Lot
158;
thence,
4th: Along said Northerly line, North 88° 46’ 55”, 1121.95 feet to the Point
of
Beginning.
TOGETHER WITH the interest in and to that portion of said Lot 160, in the City of Oxnard
and
the
County
of
Ventura,
State
of
California
as
conveyed
to
Ralph
W.
Borchard
and
Helen
M.
Borchard,
by
the
Grant
Deed
recorded
on
July
20,
1953,
in
Book
1145,
at
Page
293
of
Official
Records
and
described
as
follows:
A part Lot 160 of the Patterson Ranch Subdivision being a part of the Rancho El Rio
de
Santa
Clara
O’
La
Colonia
and
recorded
in
Book
8 of
Miscellaneous
Records
(Maps)
at
Page
1 and
more
particularly
described
as
follows,
Beginning at a county standard monument set at the intersection of the West line of
Ventura
Road
with
the
South
line
of
North
Road,
as
designated
and
delineated
upon
the
above
described
Map,
from
which
a
nail
set
at
the
Northeast
corner
of
said
Lot
160
bears
North
20.00 feet
distant;
thence
from
said
point
of
beginning.
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A, Page 3
1161
1st: North 89° 59' 30" West 365.00 feet along the South line of said North Road
to
a
3/4
inch
iron
pipe;
thence
leaving
said
South
line,
2nd: South 410.00 feet to a 3/4 inch iron pipe; thence, 3rd: South 89° 59' 30" East 365.00 feet to a 3/4 inch iron pipe set in the West line
of
said
Ventura
Road;
thence
along
said
West
line,
4th: North 410.00 feet to the Point of Beginning and containing 3.44 acres of land. Together with a 7/120ths interest in the water well and pumping plant located on the
remainder
of
said
Lot
160
and
Together with the right to have and take from said well and well site, waters therefrom,
over
and
across
the
present
and
existing
right
of
way
for
pipe
lines
and
with
the
further
right
to
go
on
the
remainder
of
said
Lot
60 for
the
purpose
of
maintaining,
operating,
repairing
and
replacing
said
pipe
line.
The above described parcel of land is delineated on the attached Exhibit “B”.
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A, Page 4
1162
Exhibit A-1
Depiction of Property
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A-1, Page 1
1163
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit A-1, Page 2
1164
Exhibit B
Legal Description of Teal Club Specific Plan Property BORCHARD, BASSO, KOHARA & CERRATO PROPERTIES BORCHARD PROPERTY (APN 183-0-070-06, 07, 14 & 24) That parcel of land in the City of Oxnard and County of Ventura, State of California, described in the
Quitclaim
Deed
recorded
on
February
23,
2010
as
Instrument
No.
20090223-00023244,
of
Official
Records,
in
the
Office
of
the
County
Recorder
of
said
County
and
described
as
follows:
Lots 133, 158, 159, 160, partly in the City of Oxnard, County of Ventura and partly in the County
of
Ventura,
State
of
California,
as
shown
on
the
Map
of
Patterson
Ranch,
recorded
in
Book
8,
Page
l
of
Maps,
in
the
office
of
the
County
Recorder
of
said
County.
EXCEPT that portion of said Lot 160 as conveyed to Ralph W. Borchard and Helen M.
Borchard,
by
the
Grant
Deed
recorded
on
July
20,
1953,
in
Book
1145,
at
Page
293
of
Official
Records
and
described
as
follows:
Beginning at a county standard monument set at the intersection of the West line of
Ventura
Road
with
the
South
line
of
North
Road,
as
designated
and
delineated
upon
the
above
described
Map,
from
which
a
nail
set
at
the
Northeast
corner
of
said
Lot
160
bears
North
20.00 feet
distant;
thence
from
said
point
of
beginning.
1st: North 89° 59' 30" West 365.00 feet along the South line of said North Road to
a
3/4
inch
iron
pipe;
thence
leaving
said
South
line,
2nd South 410.00 feet to a 3/4 inch iron pipe; thence, 3rd South 89° 59' 30" East 365.00 feet to a 3/4 inch iron pipe set in the West line
of
said
Ventura
Road;
thence
along
said
West
line,
4th North 410.00 feet to the Point of Beginning and containing 3.44 acres of land.
ALSO EXCEPT the interest in and to that portion of said Lot 133 as conveyed to the City of
Oxnard,
a
municipal
corporation,
by
the
Grant
Deed
recorded
on
September
2,
1977,
in
Book
4938,
at
Page
9 of
Official
Records
and
described
as
follows:
A portion of Lot 133, Patterson Ranch, in the County of Ventura, State of California,
as
per
map
recorded
in
Book
8,
Page
1 of
Maps,
in
the
Office
of
the
County
Recorder
of
said
County,
described
as
follows:
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 1
1165
Beginning at the Southeast corner of said Lot 133; thence northerly along the East line
of
said
Lot,
1st: North 20 feet to a point; thence leaving said east line, 2nd: South 45° 00’ 00" West 26.25 feet to a point on the Southerly line of said Lot
133;
thence
along
said
Southerly
line,
3rd: East 17.00 feet to the point of beginning. EXCEPTING THEREFROM all tile, pipe, conduits, and drains, laid, installed or placed
in,
through
or
across
said
land,
or
portion
thereof.
ALSO EXCEPT the interest in and to those portions of said land lying within Teal Club Road,
Patterson
Road,
and
North
Road,
as
said
roads
are
shown
on
said
Map,
conveyed
to
Ventura
County
as
and
for
public
highways
by
deed
recorded
on
November
7,
1913,
in
Book
139,
at
Page
169
of
Deeds,
in
said
Office.
ALSO EXCEPT an undivided 7/120 interest in the water well and pumping plant located on
said
Lot
160,
as
conveyed
to
Ralph
W.
Borchard
and
Helen
M.
Borchard,
by
deed
recorded
on
July
20,
1953,
in
Book
1145,
at
Page
293
of
Official
Records
in
said
Office.
ALSO EXCEPT all tile, pipe, conduits and drains now laid, installed or placed in, through
or
across
said
land,
or
any
portion
thereof,
as
reserved
by
the
Patterson
Ranch
Company,
in
Deeds
recorded
December
5,
1913,
in
Book
142,
Page
40 of
Deeds;
December
5,
3913,
in
Book
142,
Page
41 of
Deeds;
December
8,
1913,
in
Book
142,
Page
52 of
Deeds;
and
January
10,
1917,
in
Book
155,
Page
43 of
Deeds
in
said
Office.
ALSO EXCEPTED and excluded from said land and reserved to Grantors is Grantors’ right,
title
and
interest,
if
any,
in
and
to
all
oil,
gas,
petroleum,
metals,
minerals,
steam,
hydrocarbon
substances,
subsoil
products,
fissionable
substances,
and
other
minerals,
materials
and
substances
except
water
in,
under,
produced
or
saved
from
the
Subject
Property
or
the
top
500
feet
of
the
subsurface.
ALSO EXCEPT the oil, gas, other hydrocarbon substances and minerals in and under said land, but
without
the
right
to
enter
on
the
surface
thereof
or
within
five
hundred
(500)
feet
beneath
the
surface,
as
partially
granted
in
the
Grant
Deeds
recorded
on
December
23,
1980,
in
Book
5801,
Page
36 and
in
Book
5801,
Page
38;
and
recorded
on
December
30,
1980,
in
Book
5804,
Page
774
–
all
of
Official
Records,
in
said
Office.
ALSO EXCEPT any interest in and to the oil, gas, other hydrocarbon substances and minerals in and
under
said
land,
but
without
the
right
to
enter
on
the
surface
thereof
or
within
five
hundred
(500) feet beneath the surface, as partially granted in the Quitclaim Deeds recorded December 12,
2007,
as
Document
No.
20071212-00224961
and
as
Document
No.
20071212-224962
both
of
Official
Records,
in
said
Office.
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 2
1166
ALSO EXCEPT the interest in and to that portion of said Lot 158 as conveyed to the Oxnard School
District,
a
California
Public
School
District,
by
the
Grant
Deed
recorded
on
April
30,
2018,
as
Instrument
No.
20180430-00049494,
of
Official
Records
and
described
as
follows:
That portion of Lot 158 in the County of Ventura, State of California, as shown on the Map
of
Patterson
Ranch,
recorded
in
Book
8,
Page
1 of
Maps,
in
the
Office
of
the
County
Recorder
of
said
County,
described
as
follows:
Beginning at the Northwesterly corner of said Lot 158, said point being shown on Record of
Survey
map
filed
in
Book
56,
at
Pages
73 and
74 of
Records
of
Survey,
in
the
Office
of
the
County
Recorder
of
said
County,
being
the
Northeasterly
terminus
of
that
line
shown
on
said
Survey
map
as
North
01°
14’
09 East
970.51
feet;
thence,
1st: Along the Westerly line of said Lot 158, South 01° 14’ 09” West, 970.51 feet to the Southwesterly
corner
of
said
Lot
158;
thence,
2nd: Along the Southerly line of said Lot 158, South 88° 47’ 08” East, 1121.95 feet, thence,
3rd: North 01° 14’ 09 East, 970.44 feet to a point on the Northerly line of said Lot 158; thence,
4th: Along said Northerly line, North 88° 46’ 55”, 1121.95 feet to the Point of Beginning.
TOGETHER WITH the interest in and to that portion of said Lot 160, in the City of Oxnard and the
County
of
Ventura,
State
of
California
as
conveyed
to
Ralph
W.
Borchard
and
Helen
M.
Borchard,
by
the
Grant
Deed
recorded
on
July
20,
1953,
in
Book
1145,
at
Page
293
of
Official
Records
and
described
as
follows:
A part Lot 160 of the Patterson Ranch Subdivision being a part of the Rancho El Rio de Santa
Clara
O’
La
Colonia
and
recorded
in
Book
8 of
Miscellaneous
Records
(Maps)
at
Page
1 and
more
particularly
described
as
follows,
Beginning at a county standard monument set at the intersection of the West line of Ventura
Road
with
the
South
line
of
North
Road,
as
designated
and
delineated
upon
the
above
described
Map,
from
which
a
nail
set
at
the
Northeast
corner
of
said
Lot
160
bears
North
20.00 feet
distant;
thence
from
said
point
of
beginning.
1st: North 89° 59' 30" West 365.00 feet along the South line of said North Road to a 3/4
inch
iron
pipe;
thence
leaving
said
South
line,
2nd: South 410.00 feet to a 3/4 inch iron pipe; thence, 3rd: South 89° 59' 30" East 365.00 feet to a 3/4 inch iron pipe set in the West line of said
Ventura
Road;
thence
along
said
West
line,
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 3
1167
4th: North 410.00 feet to the Point of Beginning and containing 3.44 acres of land. Together with a 7/120ths interest in the water well and pumping plant located on the remainder
of
said
Lot
160
and
Together with the right to have and take from said well and well site, waters therefrom, over
and
across
the
present
and
existing
right
of
way
for
pipe
lines
and
with
the
further
right
to
go
on
the
remainder
of
said
Lot
60 for
the
purpose
of
maintaining,
operating,
repairing
and
replacing
said
pipe
line.
BASSO PROPERTY (APN 183-0-070-11) That parcel of land in the County of Ventura, State of California described in the Quitclaim Deed recorded
on
September
19,
2023
as
Instrument
No.
2023000062656,
of
Official
Records,
and
shown
on
Record
of
Survey
map
filed
in
Book
56,
at
Pages
73 and
74 of
Records
of
Survey,
both
in
the
office
of
the
County
Recorder
of
said
county
and
described
as
follows:
Lot 135 and the West half of Lot 134 of the Patterson Ranch as said lots are designated and delineated
upon
that
certain
Map
entitled,
“Map
of
Subdivision
of
the
Patterson
Ranch,
Ventura
County,
Cal.”
and
recorded
in
the
Office
of
the
County
Recorder
of
said
Ventura
County,
in
Book
8 of
Miscellaneous
Records
(Maps)
at
page
1,
et
seq.
EXCEPT those portions thereof lying within Teal Club Road and Patterson Road, as conveyed to Ventura
County
as
and
for
public
highways
by
deed
recorded
on
November
7,
1913,
in
Book
139,
at
Page
169
of
Deeds,
in
said
Office.
ALSO EXCEPT an undivided 4/7th interest in and to the following described well site for so long
as
all
or
any
portion
of
said
Lots
136
and
157,
Patterson
Ranch,
is
used
for
agricultural
purposes
and
upon
termination
of
the
use
thereof
for
such
purposes
all
interest
in
said
well
site
to
automatically
terminate.
Said
well
site
is
more
particularly
described
as
follows:
Part of Lot 135 of said Patterson Ranch, described as follows:
Beginning at a point in the North line of said Lot 135 distant thereon East 720.3 feet from the
East
line
of
Patterson
Road,
40 feet
wide;
thence
from
said
point
of
beginning
and
along
said
North
line,
1st: East 20 feet to a point; thence at right angles, 2nd: South 20 feet to a point; thence at right angles, 3rd: West 20 feet to a point; thence at right angles, 4th: North 20 feet to the point of beginning.
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 4
1168
KOHARA PROPERTY (APN 183-0-070-13) That parcel of land in the County of Ventura, State of California recorded on November 28, 1994 as
Document
No.
94-189088,
of
Official
Records,
and
shown
on
Record
of
Survey
filed
in
Book
56,
at
Pages
73 and
74 of
Records
of
Survey,
both
in
the
Office
of
the
County
Recorder
of
said
County
and
described
as
follows:
The Westerly 224.53 feet of the Easterly one-half of Lot 134 of the Patterson Ranch, in the County
of
Ventura,
State
of
California,
as
per
Map
recorded
in
Book
8,
Page
1 of
Maps,
in
the
Office
of
the
County
Recorder
of
said
County.
EXCEPT the Southerly 20 feet thereof. ALSO EXCEPT one-half of the minerals, oil, gas, or other hydrocarbon substances in and under said
land,
without,
however,
any
right
of
surface
entry
or
any
right
of
entry
and
to
the
subsurface
thereof
at
a
depth
of
less
than
500
feet
beneath
the
surface
for
the
development
or
removal
of
said
substances,
as
reserved
by
Esther
Dorothy
Sutton,
a
married
woman
as
her
sole
and
separate
property,
in
Deed
recorded
on
March
31,
1964
as
Document
No.
21113
in
Book
2512,
at
Page
76 Official
Records,
in
said
Office.
CERRATO PROPERTY (APN 183-0-070-12) That parcel of land in the County of Ventura, State of California conveyed in the Grant Deed recorded
on
May
15,
2023
as
Instrument
No.
2023000033551,
of
Official
Records,
and
shown
on
Record
of
Survey
filed
in
Book
56,
at
Pages
73 and
74 of
Records
of
Survey,
both
in
the
Office
of
the
County
Recorder
of
said
County
and
described
as
follows:
The East one-half of Lot 134 of the Patterson Ranch as said Lot is designated and delineated upon
that
certain
Map
entitled
“Map
of
the
Patterson
Ranch”,
in
the
County
of
Ventura,
State
of
California,
recorded
in
the
Office
of
the
County
Recorder
of
Ventura
County,
State
of
California,
in
Book
8 of
Miscellaneous
Records
(Map)
at
Page
1. EXCEPT therefrom the West 224.53 feet.
ALSO EXCEPT the Southerly 20.00 feet thereof as reserved for public road purposes. AND ALSO EXCEPT therefrom one-half of the minerals, oil, gas, or other hydrocarbon substances
in
and
under
said
land,
without,
however,
any
right
of
surface
entry
or
any
right
of
entry
in
and
to
the
subsurface
thereof,
at
a
depth
of
less
than
500
feet
beneath
the
surface
for
the
development
or
removal
of
said
substances,
as
reserved
in
the
Deed
recorded
on
March
31,
1964
as
Instrument
No.
21115
in
Book
2512,
at
Page
80,
of
Official
Records,
in
said
Office.
The above described parcels of land are delineated on the attached Exhibit “B”. 84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 5
1169
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B, Page 6
1170
Exhibit B-1
Depiction of Teal Club Specific Plan Property
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B-1, Page 1
1171
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit B-1, Page 2
1172
Exhibit C
Resolution No. 10,272 of City of Oxnard Concerning Credit in Lieu of Payment
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit C, Page 1
1173
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit C, Page 3
1174
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit C, Page 4
1175
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit C, Page 5
1176
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit C, Page 6
1177
Exhibit D
Reimbursement Policy Statement
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 1
1178
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 2
1179
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 3
1180
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 4
1181
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 5
1182
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit D, Page 6
1183
Exhibit E
Local Preference Program for Phase 1 of Teal Club Specific Plan (Local Buyer and Local Hire Preferences)
Local Preference Program for Phase 1 of Teal Club Specific Plan (Local Buyer and Local Hire Preferences)
Program Intent: The City’s Housing Element calls for the development of additional housing available
to
the
City’s
residents
and
workforce
who
may
be
forced
to
travel
long
distances
or
live
outside
the
community
in
which
they
work.
The
approval
and
build
out
of
the
Project
will
result
in
the
development
of
up
to
614
additional
for
sale
housing
units.
The
City
and
Developer
agree
that
the
implementation
of
this
local
preference
program
for
the
for
sale
housing
units
initially
developed
within
the
Property
will
help
increase
the
availability
of
these
new
residences
to
persons
who
live
or
work
within
the
City,
including
persons
with
documentation
of
current
residency
or
employment
within
the
City
(“
Local
Buyers
”).
In addition, this local preference program will require the builders who construct the initial for-sale
housing
within
each
Planning
Area
within
the
Project
(collectively,
the
“
Initial
Builders
”)
to
implement
a
methodology,
subject
to
the
City’s
reasonable
approval,
that
facilitates
the
hiring
of
those
local
contractors,
employees,
and
tradespeople
that
have
a
place
of
business
located
within
the
County
of
Ventura
and
who
the
Initial
Builders
determine
have
the
necessary
qualifications
and
who
are
selected
on
a
competitive
bid
basis
(“
Local
Workers
”)
.
Under the portion of this local preference program applicable to the sale of housing within the Project,
the
Initial
Builders
will
be
required
to
undertake
commercially
reasonable
steps
to
market
and
promote
the
availability
of
for-sale
housing
within
their
Planning
Area
offered
by
such
Initial
Builder
to
Local
Buyers
for
a
priority
period
of
a
minimum
of
thirty
(30)
days
prior
to
the
initial
general
release
of
the
residences
within
the
applicable
Planning
Area
for
sale.
As
a
result
of
this
marketing
program,
the
local
preference
housing
program
is
intended
to
promote
the
access
of
Local
Buyers
to
these
new
residences
and
to
reduce
the
influence
of
out-of-area
investors
on
housing
choice
and
availability
that
would
otherwise
occur.
Such
enhancement
of
the
availability
of
new
housing
in
the
City
to
Local
Buyers
is
part
of
the
City’s
strategy
for
resolving
the
current
imbalance
between
jobs
and
housing.
Local Preference Program Requirements:
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit E, Page 1
1184
Local Buyers. Initial 30-Day Marketing Period to Local Buyers . To the extent and so long as permitted
by
applicable
law,
Developer
hereby
agrees,
for
itself
and
the
Initial
Builders,
that
all
new
for
sale
residential
units
constructed
by
an
Initial
Builder
within
a
Planning
Area
shall
be
marketed
first
to
Local
Buyers
for
a
minimum
period
of
thirty
(30)
days.
In
connection
with
the
foregoing,
each
Initial
Builder
shall
implement
a
marketing
plan
intended
to
accomplish
the
following
goals
and
criteria:
● Advance marketing to Local Buyers, such as through local media, presentations to local
groups,
and
other
marketing
efforts
geared
to
potential
Local
Buyers,
for
a
minimum
of
30 days
prior
to
the
initial
release
of
any
for-sale
residences
constructed
by
such
Initial
Builder
to
the
larger
market.
The
advance
marketing
shall
instruct
potential
Local
Buyers
how
to
register
their
names
on
a
priority
interest
list.
● Maintaining an on-going interest list composed of Local Buyers (“ Local Buyer Preference
List
”)
who
have
expressed
interest
in
the
purchase
of
a
new
residence
from
the
affected
Initial
Builder
within
its
Planning
Area.
Each
Initial
Builder
shall
maintain
a
separate
interest
list
for
its
Planning
Area,
and
shall
add
Local
Buyers
who
subsequently
express
interest
to
the
Initial
Builder
in
purchasing
within
the
applicable
Planning
Area
to
the
Local
Buyer
Preference
List
for
that
Planning
Area.
Each
of
the
Initial
Builders
also
agree
to
add
to
its
Local
Buyer
Preference
List
the
names
of
additional
Local
Buyers
that
are
provided
by
the
City
of
Oxnard.
● The Initial Builders will initially limit the purchase of units within their Planning Area
to
Local
Buyers
for
a
period
of
30-days
following
the
initial
availability
of
for-sale
units
within
that
Planning
Area
(the
“
Initial
Local
Marketing
Period
”).
Following
this
Initial
Local
Marketing
Period
for
each
Planning
Area,
any
Local
Buyers
that
could
not
be
accommodated
during
the
initial
30 day
period
due
to
a
lack
of
available
housing
units,
shall
remain
on
the
Local
Buyer
Preference
List,
and
those
Local
Buyers,
together
with
any
other
Local
Buyers
thereafter
added
to
the
Local
Buyer
Preference
List,
shall
be
informed
of
the
projected
release
date
of
any
subsequent
residential
phases
within
the
Planning
Area
by
the
Initial
Builder
not
less
than
30 days
before
the
planned
release
of
such
subsequent
residential
phase
for
purchase
by
the
general
public.
Following
such
notification
of
the
pending
release
of
a
new
phase
of
homes,
the
Initial
Builders
will
be
required
to
provide
those
Local
Buyers
then
on
their
Local
Buyer
Preference
List
a
minimum
of
30 days
to
notify
that
Initial
Builder
of
their
continuing
interest
in
the
purchase
of
a
home
within
their
Planning
Area
and
to
become
financially
qualified
for
purchase
of
the
residential
unit
that
the
Local
Buyer
has
selected
and
to
confirm
the
Local
Buyer’s
documented
status
as
a
Local
Buyer.
Following
the
30 day
Initial
Local
Marketing
Period
and
following
the
expiration
of
the
30 day
advance
notice
of
the
release
of
any
subsequent
phase
of
development,
any
residential
units
that
are
not
under
contract
or
reserved
for
purchase
by
a
Local
Buyer
at
the
end
of
such
30 day
period
shall
be
available
for
purchase
by
any
member
of
the
public
without
further
restriction
or
priority
on
a
first
come,
first
served
basis.
Any
Local
Buyer
on
the
Local
Buyer
Preference
List
who
is
determined
to
lack
the
necessary
financial
qualifications
to
proceed
with
purchase
of
its
chosen
residence
will
be
removed
from
the
Local
Buyer
Preference
List
upon
such
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit E, Page 2
1185
determination, and the Initial Builders shall have no obligation to thereafter continue to
maintain
such
person
on
the
Local
Buyer
Preference
List.
● Each Initial Builder will conduct affirmative outreach as described above to Local Buyers
for
the
first
30 days
of
the
Initial
Local
Marketing
Period
applicable
to
its
Planning
Area
.
The
Initial
Builders
will
use
local
marketing
channels
to
advertise
the
availability
of
the
new
residences,
including
use
of
such
tools
as
direct
mail,
email,
online
and
social
media
ads,
radio,
TV,
promotional
events,
and
outreach
to
local
real
estate
agents,
brokers,
and
realtors,
and
other
standard,
local
commercial
marketing
tools,
as
applicable
and
appropriate.
The
Initial
Builders
agree
that
all
marketing
tools
used
in
the
first
30 day
Initial
Local
Marketing
Period
will
be
limited
in
scope
so
that
they
are
intended
to
target
only
Local
Buyers.
City
agrees
to
assist
with
the
coordination
of
local
outreach
as
well
upon
request,
including
through
the
Chamber
of
Commerce
and
the
City’s
economic
development
efforts,
and
thereby
amplify
the
reach
of
the
local
marketing
efforts
of
the
Initial
Builders.
● Each Initial Builder will also host at least two events during the Initial Local Marketing
Period
applicable
to
its
Planning
Area
in
order
to
promote
the
availability
of
its
new
residences
to
Local
Buyers.
The above requirements constitute the standard Local Buyer program requirements. Each Initial Builder
within
a
Planning
Area
will
have
the
option
of
either
implementing
this
standard
program
or
crafting
an
alternative
program,
tailored
to
the
builder’s
portion
of
the
Project,
with
such
alternative
program
subject
to
the
City’s
approval
before
issuance
of
the
first
building
permit
to
that
Initial
Builder
with
respect
to
the
applicable
Planning
Area.
The
City’s
approval
shall
be
based
upon
its
determination
that
the
alternate
program
provides
the
same
or
a
higher
level
of
local
preference
as
the
existing
program.
Each
Initial
Builder
shall
also
provide
a
copy
of
the
proposed
alternative
program
to
the
City
Attorney’s
office
of
the
City
by
and
email.
The
City
shall
respond
in
writing
to
any
such
Initial
Builder
request
for
modification
to
the
standard
program
within
ten
(10)
business
days
after
receipt
of
such
request.
Failure
to
respond
within
this
period
shall
be
a
deemed
approval
of
the
submitted
request.
Each
Initial
Builder
may
also
apply
to
the
City
for
written
certification
of
its
compliance
with
the
Local
Buyer
program
requirements
at
any
point
during
the
implementation
of
the
Local
Buyer
program
in
order
to
confirm
its
on-going
compliance,
with
a
copy
provided
to
the
City
Attorney’s
office
of
the
City
by
and
email.
The
City
shall
respond
to
any
such
request
and
confirm
compliance,
if
applicable,
within
ten
(10)
business
days
after
receipt
of
such
request.
Failure
to
respond
within
that
ten
(10)
day
period
shall
be
deemed
to
be
a
confirmation
of
compliance.
Following
certification
of
compliance,
the
Initial
Builder’s
compliance
with
the
local
preference
requirements
shall
be
conclusively
deemed
to
be
established
with
respect
to
the
period
covered
by
that
certification.
Local Workers . The Initial Builders shall be further required to establish and implement a reasonable
methodology,
subject
to
the
City’s
reasonable
approval,
for
identifying
and
facilitating
the
use
of
Local
Workers
on
the
construction
of
their
portion
of
the
Project.
The
details
of
the
initial
standard
program
targeting
Local
Workers
will
be
subject
to
approval
by
the
Developer
and
the
City
prior
to
issuance
of
the
first
grading
permit
for
the
Property.
The
84670.001
-
430415.4
84670.001
-
397351.7
Exhibit E, Page 3
1186
Developer shall also provide a copy of the initial program to the City Attorney’s office of the City
by
and
email.
The
City
shall
respond
in
writing
to
any
submission
by
the
Developer
concerning
the
terms
of
the
standard
Local
Worker
program
within
ten
(10)
business
days
after
receipt
of
such
request.
Failure
to
respond
within
this
period
shall
be
a
deemed
approval
of
the
submitted
request.
The
Initial
Builders
will
be
required
to
include
confirmation
of
compliance
with
the
Local
Worker
program
requirements
for
the
prior
year
as
a
part
of
their
annual
reporting
required
under
the
Development
Agreement
during
their
construction
within
the
Project.
The
Local
Worker
program
shall
include
provisions
intended
to
inform
Local
Workers,
local
contractors’
associations,
and
other
similar
local
organizations
of
tradespeople
about
the
contracting
and
employment
opportunities
at
the
Project
prior
to
the
commencement
of
that
work.
Each
Initial
Builder
shall
either
implement
the
standard
program
which
has
been
preapproved
by
the
City,
or
it
may
elect
to
craft
an
alternative
Local
Worker
program,
tailored
to
the
Initial
Builder’s
portion
of
the
Project,
with
such
alternative
program
subject
to
approval
by
the
City
before
issuance
of
the
first
building
permit
to
that
Initial
Builder
with
respect
to
the
applicable
Planning
Area.
Each
Initial
Builder
shall
also
provide
a
copy
of
the
alternative
program
to
the
City
Attorney’s
office
of
the
City
by
and
email.
The
City
shall
respond
in
writing
to
any
such
Initial
Builder
request
for
modification
to
the
standard
program
within
ten
(10)
business
days
after
receipt
of
such
request.
Failure
to
respond
within
this
period
shall
be
a
deemed
approval
of
the
submitted
request.
The
City
acknowledges
and
agrees
that,
in
order
to
constitute
a
qualified
potential
participant
in
the
Local
Worker
program,
any
contractor
wishing
to
participate
will
be
required,
at
a
minimum,
to
be
able
to
satisfy
the
minimum
insurance
requirements
set
forth
in
Schedule
1 attached
to
this
Exhibit
E.
Nothing herein shall preclude the Initial Builders from taking all reasonable actions necessary to facilitate
the
sale
of
units
within
the
Project
on
a
timely
basis
as
soon
as
they
become
available
for
purchase
subject
only
to
the
requirement
that
such
actions
must
not
be
inconsistent
with
the
specific
timing
requirements
of
this
Local
Preference
Program
and
applicable
law.
City
and
the
Initial
Builders
acknowledge
that
the
operation
of
the
interest
list
and
Local
Preference
Program
have
been
structured
to
be
compliant
with
and
are
intended
to
be
compliant
with
applicable
state
and
federal
laws
and
such
programs
shall
be
subject
thereto
and
to
any
limitations
or
restrictions
upon
such
programs
imposed
by
applicable
law.
The
Initial
Builders
shall,
upon
request
of
the
City
from
time
to
time,
update
the
City
on
its
implementation
of
the
Local
Preference
Program.
City and the Initial Builders acknowledge that this Local Preference Program will accomplish four
important
objectives:
1)
use
new
housing
as
a
tool
to
address
the
current
imbalance
between
existing
jobs
and
local
housing;
2)
ensure
that
the
increased
housing
generated
by
this
development
of
the
Property
will
allow
Local
Buyers
to
reduce
their
commuting
distances,
reducing
the
City’s
greenhouse
gas
emissions,
improving
local
traffic
and
air
quality,
and
contributing
to
a
better
quality
of
life
for
the
community;
3)
reduce
competition
from
investors
outside
of
the
community
in
the
initial
offering
and
sales
of
these
new
residences
to
Local
Buyers
during
the
Initial
Local
Marketing
Period;
and
4)
provide
Local
Workers
with
an
enhanced
opportunity
to
contract
for
and
build
the
new
residences
and
other
improvements
84670.001
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430415.4
84670.001
-
397351.7
Exhibit E, Page 4
1187
contemplated for the Property, with resulting benefit to the surrounding community’s economy by
adding
new
local
jobs
and
economic
opportunities
in
addition
to
the
increased
housing
stock.
The only party with the right to monitor and enforce this local preference program is the City and the
City’s
sole
remedy
for
an
alleged
violation
of
this
provision
shall
be
injunctive
relief;
provided
that,
in
no
event,
shall
any
pending
sale
to
an
innocent
third
party
purchaser
be
enjoined
or
delayed
based
upon
a
claimed
violation
of
the
Local
Preference
Program
or
any
challenge
to
the
Local
Preference
Program,
and
any
remedy
for
a
violation
of
the
Local
Preference
Program
or
any
challenge
to
the
Local
Preference
Program
shall
impact
only
a
future
sale(s)
and
not
any
innocent
third
party
purchaser
who
has
previously
entered
into
a
purchase
agreement
for
a
residential
unit.
In
any
event,
all
damage
remedies
are
hereby
specifically
waived
and
will
not
apply
to
the
administration
and
enforcement
of
this
Local
Preference
Program.
The
City
and
Developer
acknowledge
that
there
are
no
intended
third
party
beneficiaries
of
this
program
and
that
Local
Buyers
and
Local
Workers
shall
not
have
any
right
or
standing
to
enforce
the
local
preference
program
against
any
Initial
Builder,
and
that
all
enforcement
of
this
program
shall
be
limited
to
actions
of
the
City.
Notwithstanding
anything
herein
that
appears
to
be
to
the
contrary,
in
no
event
shall
a
default
or
breach
of
the
provisions
of
this
Local
Preference
Program
by
one
Initial
Builder
affect
the
rights
or
obligations
of
another
Initial
Builder
and
all
such
rights
and
obligations
shall
be
separate
and
distinct
and
there
shall
be
no
cross-default
between
or
among
builders.
In
the
event
that
the
City
determines
that
any
Initial
Builder
is
not
in
compliance
with
the
Local
Preference
Program
requirements
applicable
to
that
Initial
Builder,
it
shall
provide
written
notice
of
the
claimed
violation,
identifying
the
alleged
violation(s)
with
reasonable
specificity.
The
Initial
Builder
receiving
such
notice
shall
then
have
ten
(10)
business
days
to
cure
such
violation,
unless
such
violation
would
reasonably
require
more
than
ten
(10)
business
days
to
complete
such
cure,
in
which
event,
the
Initial
Builder
shall
have
such
additional
time
to
complete
its
cure
as
reasonably
necessary
so
long
as
such
Initial
Builder
is
at
all
times
diligently
pursuing
the
completion
of
that
cure.
If
the
Initial
Builder
remains
in
violation
of
the
local
preference
program
following
expiration
of
the
applicable
cure
period,
then
the
City
may
thereafter
bring
an
action
to
enjoin
any
further
violation
and,
if
successful,
recover
its
reasonable
attorneys’
fees
incurred
in
connection
therewith.
84670.001
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430415.4
84670.001
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397351.7
Exhibit E, Page 5
1188
Schedule 1
Subcontractor shall procure and maintain, at its sole cost and expense, the following insurance coverages:
1. Workers’
Compensation:
Coverage A. Statutory Benefits
Coverage B. Employers’ Liability limits of not less than:
Bodily Injury by accident $1,000,000 each
accident
Bodily
Injury
by
disease
$1,000,000
policy
limit
Bodily
Injury
by
disease
$1,000,000
each
employee
Where permitted by law, coverage must include a waiver of subrogation endorsement
in
favor
of,
and
naming,
Lennar
Corporation
including
its
subsidiaries,
partners,
partnerships,
affiliated
companies,
successors
and
assigns.
2. Commercial Auto Coverage:
Automobile Liability coverage (equivalent in coverage to ISO form CA 00 01) of not
less
than
$1,000,000 combined single limit, each accident, covering all owned, hired and non-owned
autos.
If
Subcontractor
does
not
have
any
company
owned
vehicles,
hired
and
non-owned
auto
coverage
for
the
Subcontractor
must
be
evidenced
through
a
general
liability
policy
or
auto
liability
policy.
3. Commercial General Liability:
Commercial General Liability coverage (equivalent in coverage to ISO form CG 00 01)
of
not
less
than:
Each Occurrence Limit $1,000,000 Personal Advertising Injury Limit $1,000,000 Products/Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $2,000,000 (other than Products/Completed Operations)
84670.001
430415.4
1189
The policy must include:
a)
Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU).
b)
Products and Completed Operations coverage. Subcontractor agrees to maintain this coverage for the greater
of
ten
(10)
years
following
completion
of
its
work
or
the
longest
applicable
statute
of
limitations
and
the
statute
of
repose
during
which
any
action
may
be
filed
against
the
primary
insured
or
additional
insured.
c)
Standard ISO CG 00 01 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause.
The
policy
shall
not
contain
a
Cross
Suits
Exclusion.
.
d)
The work “performed on your behalf by a subcontractor” exception to the “Damage to Your Work” exclusion
(Exclusion
“l”
in
Section
I
of
the
ISO
form
CG
00 01).
No
limitation
or
restriction
of
this
exception
is
allowed.
e)
An additional insured endorsement (ISO form CG 20 10 and CG 20 37 or their equivalents) providing ongoing
and
completed
operations
coverage
naming
as
additional
insured
Lennar
Corporation
including
its
subsidiaries,
partners,
partnerships,
affiliated
companies,
successors
and
assigns.
f)
If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium
projects.
g)
The policies shall not exclude any losses unknown to Subcontractor prior to policy inception, regardless
of
whether
the
damage
constitutes
a
continuing
or
progressive
loss.
h)
Coverage must be on an occurrence form. Claims Made and Modified Occurrence forms are not acceptable.
i)
Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any
other
coverage
maintained
by
such
additional
insured(s)
shall
be
non-contributing
with
the
coverage
provided
under
this
policy
j)
There
shall
be
no
residential
exclusions,
tract
housing
exclusions,
nor
any
of
their
equivalents.
k)
The
CGL
policy
may
not
be
subject
to
a
self-insured
retention
(SIR)
or
deductible
that
exceeds
$10,000. Any and all SIRs must be susceptible of being satisfied under the CGL
policy
through
payments
made
by
additional
insureds,
co-insurers,
and/or
insureds
other
than
the
First
Named
Insured.
4. Property Insurance:
Subcontractor shall maintain Special Form property insurance (commonly referred
to
as
“all
risk”
or
“special
perils”
coverage)
in
an
amount
equal
to
the
full
replacement
cost
of
all
Subcontractor’s
personal
property
(for
which
it
has
title
and/or
risk
of
loss),
during
its
off-Project
status,
in
transit
and
while
stored
or
worked
upon
away
from,
or
on,
the
Project
site.
All
policy
proceeds
shall
be
used
for
the
repair
or
replacement
of
the
property
damaged
or
destroyed.
In
the
event
that
materials
or
any
other
type
of
personal
property
is
acquired
for
the
Project
or
delivered
to
the
Project
site,
Subcontractor
agrees
that
it
shall
be
solely
responsible
for
such
property
until
it
becomes
a
fixture
on
the
Project,
or
otherwise
is
installed
and
incorporated
as
a
final
part
of
the
Project.
Such
responsibility
shall
include,
but
not
be
limited
to,
theft,
fire,
vandalism,
and
use,
including
use
by
84670.001
430415.4
1190
unauthorized persons. Subcontractor agrees to hold harmless Lennar Corporation
including
its
subsidiaries,
partners,
partnerships,
affiliated
companies
successors
and
assigns
from
any
and
all
claims
arising
from
the
possession
or
use
of
such
personal
property
and/or
equipment.
Subcontractor hereby waives all rights of recovery against Lennar Corporation including
its
subsidiaries,
partners,
partnerships,
affiliated
companies,
successors
and
assigns,
with
respect
to
any
loss
or
damage,
including
consequential
loss
or
damage,
to
the
Subcontractor’s
property
caused
or
occasioned
by
any
peril
or
perils
covered
under
any
policy
or
policies
of
property
insurance
carried
by
the
Subcontractor.
Subcontractor
shall
cause
its
insurance
carriers
to
consent
to
such
waiver
of
subrogation.
5. Other Requirements:
a)
Subcontractor must ensure all sub-tier subcontractors comply with all insurance requirements outlined
in
this
exhibit.
b)
All policies must provide thirty (30) days’ notice of cancellation to the additional insured(s) in the event
of
cancellation
or
non-renewal,
and
ten
(10)
days
notice
of
cancellation
for
non-
payment
of
premium.
c)
All policies must be written by insurance companies whose rating in the most recent AM Best’s Rating
Guide,
is
not
less
than
A
(-):
VII.
All
coverage
forms
must
be
acceptable
to
Contractor.
Subcontractor
agrees
to
provide
a
full
certified
copy
of
any
policy
maintained
by
Subcontractor
to
Contractor
upon
Contractor’s
request
therefor.
d)
Certificates of Insurance with the required endorsements evidencing the required coverages must be delivered
to
the
Contractor
prior
to
commencement
of
any
work
under
this
Subcontract.
Such
certificates
of
insurance
shall
state
"All
Operations"
of
Subcontractor
performed
on
behalf
of
Contractor
shall
be
covered
by
such
insurance.
e)
If the Subcontractor fails to secure and maintain the required insurance, Contractor shall have the right
(without
any
obligation
to
do
so,
however)
to
secure
same
in
the
name
and
for
the
account
of
Subcontractor
in
which
event
the
Subcontractor
shall
pay
the
costs
thereof
and
furnish
upon
demand
all
information
that
may
be
required
in
connection
therewith.
f)
Contractor reserves the right, but shall have no obligation, to procure the insurance, or any portion thereof,
for
which
Subcontractor
is
herein
responsible
and
which
is
described
in
this
section.
Contractor
shall
notify
Subcontractor
if
Contractor
exercises
its
right,
whereupon
Subcontractor’s
responsibility
to
carry
such
insurance
shall
cease
and
all
the
premiums
and
other
charges
associated
with
such
insurance
shall
be
refunded
to
the
Contractor.
Contractor
further
reserves
the
right
at
any
time,
with
thirty
(30)
days
written
notice
to
Subcontractor,
to
require
that
Subcontractor
resume
the
procurement
and
maintenance
of
any
insurance
for
which
Contractor
has
elected
to
procure
pursuant
to
this
subsection;
in
such
event,
the
sums
paid
to
Subcontractor
by
Contractor
shall
increase
to
the
extent
of
any
previously
agreed
and
implemented
reduction
(as
noted
above)
attributable
to
Contractor’s
prior
assumption
of
the
particular
insurance
coverages.
Such
refund
shall
be
equitably
pro-rated
based
upon
Subcontractor’s
completed
work
at
the
time
of
such
adjustment.
g)
Contractor reserves the right, in its sole discretion, to require higher limits of liability coverage if, in Contractor’s
opinion,
operations
by
or
on
behalf
of
Subcontractor
create
higher
than
normal
hazards,
and,
to
require
Subcontractor
to
name
additional
parties
in
interest
to
be
Additional
Insureds,
and
included
in
any
required
Waiver
of
Subrogation,
Notice
of
Cancellation,
or
other
endorsement.
84670.001
-
430415.4
1191
h)
In the event that rental of equipment is undertaken to complete and/or perform the work, Subcontractor
agrees
that
it
shall
be
solely
responsible
for
such
rental
equipment.
Such
responsibility
shall
include,
but
not
be
limited
to,
theft,
fire,
vandalism
and
use,
including
use
by
unauthorized
persons.
i)
Nothing in this Exhibit shall reduce Subcontractor’s obligations under this Contract.
Subcontractor’s
procurement
and/or
maintenance
of
insurance
shall
not
be
construed
as
a
limitation
of
liability
or
as
full
performance
of
the
indemnification
and
hold
harmless
provisions
of
this
Agreement.
j)
If the Subcontractor maintains broader coverage and/or higher limits than the minimums shown above,
Contractor
requires
and
shall
be
entitled
to
the
broader
coverage
and/or
the
higher
limits
maintained
by
the
Subcontractor.
Any
available
insurance
proceeds
in
excess
of
the
specified
minimum
limits
of
insurance
and
coverage
shall
be
available
to
Contractor.
6. Changes and Modifications:
Any modification or waiver of the insurance requirements to this Agreement, or
in
any
addendum
hereto,
may
only
be
made
with
the
prior
written
consent
of
Contractor.
7. Certificate Holder:
All Certificates of Insurance must be addressed to:
Lennar Insurance
Compliance
c/o
The
Jones
Agency,
Inc.
224 W 35th St Ste 500 PMB 137
New York, NY 10001
Jones will send you notification of compliance and/or request for corrections
84670.001
-
430415.4
1192
RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING
GENERAL
PLAN
AMENDMENT
PZ
15-620-03
CHANGING
THE
LAND
USE
DESIGNATION
OF
THE
SUBJECT
PROJECT
SITE
(APNs
183-0-070-060,
-070,
-110,
-125,
-135,
-140,
-240),
IN
THE
2030
GENERAL
PLAN
LAND
USE
DESIGNATION
MAP.
FILED
BY
DENNIS
HARDGRAVE,
ON
BEHALF
OF
BORCHARD
PROPERTY
CO-OWNERS,
434
PARK
COTTAGE
PLACE,
CAMARILLO,
CALIFORNIA
93012. WHEREAS, Dennis Hardgrave, on behalf of Borchard Property Co-owners, filed entitlement
applications
with
the
City
of
Oxnard
for
Annexation
(PZ
15-610-01),
General
Plan
Amendment
(PZ
15-620-03),
Pre-Zoning
(PZ
15-560-01),
Specific
Plan
(PZ
15-640-01),
and
Development
Agreement
(PZ
24-670-02);
and
WHEREAS, the proposed General Plan Amendment would change the land use designation
of
the
Teal
Club
Specific
Plan
area
to
be
consistent
with
the
land
uses
identified
in
the
Teal
Club
Specific
Plan
as
identified
in
Exhibit
A
and
change
Figure
3-4,
Neighborhoods
map,
to
designate
the
project
area
as
part
of
the
Teal
Club
Neighborhood
as
shown
in
Exhibit
B
attached
hereto
and
incorporated
herein
by
reference;
and
WHEREAS, the Project applicant mailed notices to all property owners within the Cabrillo,
Fremont
North,
and
Fremont
South
neighborhoods
and
presented
the
project
at
the
April
18,
2022
Community
Workshop;
and
WHEREAS, on November 21, 2024, the Planning Commission of the City of Oxnard conducted
a
duly
noticed
public
hearing
to
consider
Planning
and
Zoning
Permit
No.
15-620-03
(General
Plan
Amendment)
in
accordance
with
the
City’s
2030
General
Plan
and
Oxnard
City
Code;
and
WHEREAS, in accordance with the California Environmental Quality Act, the Planning Commission
considered
the
proposed
Environmental
Impact
Report
(EIR
No.
2015-01)
before
making
its
recommendation,
finds
on
the
basis
of
the
whole
record
before
it
that
the
Teal
Club
Specific
Plan
would
result
in
one
or
more
Class
I
potentially
significant
and
unavoidable
impacts
in
the
following
two
impact
sections:
(1)
Agricultural
Resources,
and
(2)
Air
Quality,
and
Findings
and
a
Statement
of
Overriding
Considerations
(SOC)
were
prepared
pursuant
to
the
CEQA
and
are
included
within
the
resolution
of
approval
for
the
Teal
Club
Specific
Plan,
and
the
Final
EIR
reflects
the
lead
agency‘s
independent
judgment
and
analysis,
and
recommends
that
the
City
Council
adopt
the
Findings;
adopt
the
Mitigation
Monitoring
and
Reporting
Program;
adopt
the
Statement
of
Overriding
Considerations;
and
certify
the
EIR;
and
WHEREAS, the Planning Commission concurrently recommended the City Council approve
an
Annexation
for
the
project
site
(PZ
15-610-01);
and
1193
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 2 of 7 WHEREAS, the Planning Commission concurrently recommended the City Council approve
a
Development
Agreement
for
the
project
site
(PZ
24-670-02);
and
WHEREAS, the Planning Commission concurrently recommended the City Council approve
a
Specific
Plan
for
the
project
site
(PZ
15-640-01);
and
WHEREAS, on April 15, 2025, the City Council of the City of Oxnard conducted a duly noticed
public
hearing
to
consider
Planning
and
Zoning
Permit
No.
15-620-03
(General
Plan
Amendment)
in
accordance
with
the
City’s
2030
General
Plan
and
Oxnard
City
Code;
and
WHEREAS, the City Council finds after due study and deliberation that the public interest and
general
welfare
require
the
approval
of
a
General
Plan
Amendment
PZ
No.
15-620-03
changing
the
land
use
designation
in
the
Land
Use
Map
as
shown
in
Exhibit
A
attached
hereto
and
incorporated
herein
by
reference
and
change
Figure
3-4,
Neighborhoods
map,
to
designate
the
project
area
as
part
of
the
Teal
Club
Neighborhood
as
shown
in
Exhibit
B
attached
hereto
and
incorporated
herein
by
reference;
and
WHEREAS, the pursuit of the General Plan Amendment is a reasonable exercise of the City’s
police
powers
to
ensure
the
continued
health,
safety,
and
welfare
of
the
public
by
providing
housing
opportunities
for
the
residents
of
the
City
of
Oxnard;
and
WHEREAS, the proposed General Plan Amendment is consistent with the policies and directives
in
the
2030
General
Plan
and
Zoning
Ordinance
to
allow
development
to
those
areas
that
can
be
served
by
existing
or
planned
utilities,
transportation,
and
service
systems.
The
proposed
General
Plan
Amendment
does
not
represent
a
significant
change
in
the
2030
General
Plan
and
Zoning
Ordinance
nor
does
it
result
in
significant
new
environmental
impacts
that
have
not
been
previously
evaluated;
and
WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel
selected
by
the
City
in
its
discretion)
and
hold
harmless
the
City
of
Oxnard
and
its
agents,
officers
and
employees
from
and
against
any
claims,
actions
or
proceedings
to
attack,
set
aside,
void
or
annul
the
approval
of
this
resolution
or
any
actions
or
proceedings,
acts
or
determinations
taken,
done
or
made
before
the
approval
of
this
resolution
that
were
part
of
the
approval
process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:
SECTION 1. The Recitals above are true and correct and incorporated herein by this
reference.
SECTION 2. The City Council finds that the General Plan Amendment is 1194
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 3 of 7 internally consistent with all other provisions of the City of Oxnard 2030 General Plan SECTION 3. The City Council finds that the General Plan Amendment will not be detrimental
to
the
public
interest,
health,
safety,
convenience,
or
welfare
of
the
City.
SECTION 4. The City Council finds that the project site associated with the General
Plan
Amendment
is
physically
suitable
in
terms
of
design,
location,
operating
characteristics,
shape,
size,
topography,
and
the
provision
of
public
and
emergency
vehicle
access,
and
public
services
and
utilities
and
is
served
by
highways
and
streets
adequate
in
width
and
improvement
to
carry
the
kind
and
quantity
of
traffic
the
proposed
use
would
likely
generate,
to
ensure
that
the
proposed
use(s)
and/or
development
will
not
endanger,
jeopardize,
or
otherwise
constitute
a
hazard
to
the
property
or
improvements
in
the
vicinity
in
which
the
property
is
located.
SECTION 5. The City Council determines that the proposed change in land use designation
of
the
Teal
Club
Specific
Plan
area
to
be
consistent
with
the
land
uses
identified
in
the
Teal
Club
Specific
Plan
as
identified
in
Exhibit
A
and
change
Figure
3-4,
Neighborhoods
map,
to
designate
the
project
area
as
part
of
the
Teal
Club
Neighborhood
as
shown
in
Exhibit
B
attached
hereto
and
incorporated
herein
by
reference
is
the
best
use
for
the
subject
project
site.
SECTION 6. The City Council determines that the General Plan Amendment is in the
best
interests
and
welfare
of
the
City
and
its
residents.
SECTION 7. In adopting this Resolution for the General Plan Amendment, the City
Council
finds
and
determines
the
project
is
in
compliance
with
the
California
Environmental
Quality
Act
because
an
EIR
(EIR
No.
2015-01)
was
considered
by
the
City
Council
at
the
public
hearing.
The
Final
EIR
was
prepared
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA,
Public
resources
Code
§§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines.
The
City
of
Oxnard
is
the
Lead
Agency.
Based
upon
the
analysis
contained
in
the
FEIR,
the
Teal
Club
Specific
Plan
would
result
in
one
or
more
Class
I
potentially
significant
and
unavoidable
impacts
in
the
following
two
impact
sections:
(1)
Agricultural
Resources,
and
(2)
Air
Quality.
Pursuant
to
CEQA
Section
21081
and
the
State
CEQA
Guidelines,
the
City
Council
made
specific
findings
to
include
consideration
of
benefits
of
the
project
such
as
economic,
legal,
social,
technological
or
other
benefits
that
may
outweigh
the
potential
significant
effects
on
the
environment. SECTION 8. The City Council ApprovePlanning and Zoning Permit No. 15-620-03
(General
Plan
Amendment)
is
approved,
as
shown
on
the
maps
attached
hereto
as
Exhibits
A
and
B
and
incorporated
herein
by
reference.
SECTION 9. Except as expressly amended herein, the 2030 General Plan Land Use
Map
shall
remain
in
full
force
and
effect
and
shall
apply
to
the
property
affected
by
this
Resolution.
1195
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 4 of 7 SECTION 10. The decision of the City Council shall be final. SECTION 11. The City Clerk shall certify the adoption of this Resolution. [Signatures on next page] 1196
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 5 of 7 PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Luis A. McArthur, Mayor ATTEST: ____________________________ Luly Lopez, City Clerk APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibits: Exhibit A: Proposed 2030 General Plan Land Use Designation Map Exhibit B: Proposed City of Oxnard Communities and Neighborhoods Map 1197
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 6 of 7 EXHIBIT A
1198
Resolution No. _____ (PZ 15-620-03; Teal Club Specific Plan General Plan Amendment) City Council Hearing Date: April 15, 2025 Page 7 of 7 EXHIBIT B
1199
ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING
PLANNING
AND
ZONING
PERMIT
NO.
15-560-01
PRE-ZONING
PARCELS
GENERALLY
LOCATED
SOUTH
OF
TEAL
CLUB
ROAD,
NORTH
AND
WEST
OF
LITTLE
FARMS
ROAD,
AND
BISECTED
BY
MALLARD
WAY
(APNS
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565)
TO
LIGHT
MANUFACTURING
(M-1).
FILED
BY
DENNIS
HARDGRAVE,
ON
BEHALF
OF
BORCHARD
PROPERTY
CO-OWNERS,
434
PARK
COTTAGE
PLACE,
CAMARILLO,
CALIFORNIA
93012.
WHEREAS, the Borchard Property Co-Owners owns seven contiguous parcels that total 149.72-acres
generally
located
north
of
Teal
Club
Road,
east
of
Patterson
Road,
south
of
Doric
Avenue,
and
west
of
Ventura
Road
(APNs
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565);
and
WHEREAS, in 2015 Dennis Hardgrave, on behalf of the Borchard Property Co-Owners, filed entitlement
applications
with
the
City
of
Oxnard
for
Annexation
(PZ
No.
15-610-01),
a
General
Plan
Amendment
(PZ
No.
15-620-03),
Pre-Zoning
(PZ
No.
15-560-01),
a
Development
Agreement
(PZ
No.
24-670-02),
and
a
Specific
Plan
(PZ
No.
15-640-01);
and
WHEREAS, the Teal Club Specific Plan would allow future development of residential, commercial,
mixed
use,
business
research
park,
and
open
space
under
the
Teal
Club
Specific
Plan,
as
identified
in
the
Teal
Club
Specific
Plan
within
the
project
area;
and
WHEREAS, related Project approvals are required by the Local Agency Formation Commission, County
of
Ventura,
Ventura
County
Airport
Land
Use
Commission,
Calleguas
Municipal
Water
District,
and
the
Metropolitan
Water
District
of
Southern
California;
and
WHEREAS, the Project was reviewed by the City Council as a Pre-Application in 2005, 2009, and
2011
which
identified
the
mix
of
land
uses,
compatibility,
with
surrounding
development,
affordable
housing,
and
on-site
recreational
amenity
issues
that
were
addressed
by
changes
to
the
Project;
and WHEREAS, the Project applicants participated in a Community Workshop on April 18, 2022; and WHEREAS, the Project was reviewed by the Airport Land Use Commission on July 8, 2022, and on
that
date,
the
Airport
Land
Use
Commission
made
a
determination
that
the
Project
is
consistent
with
the
Airport
Comprehensive
Land
Use
Plan
(ACLUP);
and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA, Public resources
Code
§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines,
the
City
of
Oxnard
as
the
Lead
Agency,
has
prepared
a
EIR
No.
2015-01
(State
Clearinghouse
No.
2012051080);
and
WHEREAS, the Planning Commission considered EIR No. 2015-01 and recommended that the City
Council
find
that
Final
EIR
No.
2015-01
was
completed
in
compliance
with
CEQA,
and
the
final
EIR
was
presented
to
the
City
Council
as
the
decision-making
body
of
the
Lead
Agency,
and
that
the
City
Council
reviewed
and
considered
the
information
1200
Ordinance No. _____ (PZ 15-560-01; Teal Club Specific Plan Pre-Zoning) City Council Hearing Date: April 15, 2025 Page 2 of 5 contained in the final EIR prior to approving the project; and the final EIR reflects the lead agency‘s
independent
judgment
and
analysis;
and
WHEREAS, the Planning Commission recommended that the City Council certify Final Environmental
Impact
Report
(FEIR)
No.
2015-01
(State
Clearinghouse
No.
2012051080)
and
adopt
a
Statement
of
Overriding
Considerations;
and
WHEREAS, the Planning Commission concurrently recommended the City Council approve the resolutions
recommending
City
Council
approval
of
an
Annexation,
General
Plan
Amendment,
Development
Agreement,
Specific
Plan;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 21, 2024 and
received
and
reviewed
written
and
oral
comments;
and
WHEREAS, the City Council held a duly noticed public hearing on April 15, 2025 and received and
reviewed
written
and
oral
comments;
and
WHEREAS, the City Council finds after due study and deliberation that the public interest and general
welfare
require
the
pre-zoning
of
parcels
generally
located
south
of
Teal
Club
Road,
north
and
west
of
Little
Farms
Road,
and
bisected
by
Mallard
Way
(APNs
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565)
to
Light
Manufacturing
(M-1).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference. SECTION 2. The City Council finds that the Pre-Zoning is internally consistent with all other provisions
of
the
City
of
Oxnard
2030
General
Plan.
SECTION 3. The City Council finds that the Pre-Zoning will not be detrimental to the public interest,
health,
safety,
convenience,
or
welfare
of
the
City.
SECTION 4. The City Council finds that the project site associated with the Pre-Zoning is physically
suitable
in
terms
of
design,
location,
operating
characteristics,
shape,
size,
topography,
and
the
provision
of
public
and
emergency
vehicle
access,
and
public
services
and
utilities
and
is
served
by
highways
and
streets
adequate
in
width
and
improvement
to
carry
the
kind
and
quantity
of
traffic
the
proposed
use
would
likely
generate,
to
ensure
that
the
proposed
use(s)
and/or
development
will
not
endanger,
jeopardize,
or
otherwise
constitute
a
hazard
to
the
property
or
improvements
in
the
vicinity
in
which
the
property
is
located.
SECTION 5. The City Council determines that the proposed pre-zoning of parcels generally located
south
of
Teal
Club
Road,
north
and
west
of
Little
Farms
Road,
and
bisected
by
Mallard
Way
(APNs
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565)
to
Light
Manufacturing
(M-1),
as
shown
on
Exhibit
A
attached
hereto,
is
the
best
use
for
the
subject
project
site
.
1201
Ordinance No. _____ (PZ 15-560-01; Teal Club Specific Plan Pre-Zoning) City Council Hearing Date: April 15, 2025 Page 3 of 5 SECTION 6. The City Council determines that the Pre-Zoning is in the best interests and welfare of
the
City
and
its
residents.
SECTION 7. The City Council finds and determines the project is in compliance with the California
Environmental
Quality
Act
because
an
EIR
(EIR
No.
2015-01)
was
considered
by
the
City
Council
at
the
public
hearing.
The
Final
EIR
was
prepared
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA,
Public
resources
Code
§§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines.
The
City
of
Oxnard
is
the
Lead
Agency.
Based
upon
the
analysis
contained
in
the
FEIR,
the
Teal
Club
Specific
Plan
Project
would
result
in
one
or
more
Class
I
potentially
significant
and
unavoidable
impacts
in
the
following
two
impact
sections:
(1)
Agricultural
Resources,
and
(2)
Air
Quality.
Pursuant
to
CEQA
Section
21081
and
the
State
CEQA
Guidelines,
the
City
Council
made
specific
findings
to
include
consideration
of
benefits
of
the
project
such
as
economic,
legal,
social,
technological
or
other
benefits
that
may
outweigh
the
potential
significant
effects
on
the
environment.
SECTION 8. The City Council Approve Planning and Zoning Permit No. 15-560-01 (Prezoning) is
approved,
as
shown
on
the
map
attached
hereto
as
Exhibit
A
and
incorporated
herein
by
reference.
SECTION 9. Except as expressly amended herein, the City’s Zoning Ordinance Map shall remain in
full
force
and
effect
and
shall
apply
to
the
property
affected
by
this
Ordinance.
SECTION 10. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated
to
prepare,
and
the
City
Clerk
published,
a
summary
of
this
Ordinance,
and
a
certified
copy
the
Ordinance
was
posted
in
the
Office
of
the
City
Clerk
a
minimum
of
five
days
before
the
City
Council’s
adoption
of
the
Ordinance.
SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary
thereof
to
be
published
within
fifteen
(15)
days
of
the
adoption
and
shall
post
a
certified
copy
of
this
ordinance,
including
the
vote
for
and
against
the
same,
in
the
office
of
the
City
Clerk,
in
accordance
with
Government
Code
Section
36933.
Ordinance
No.
_____
was
first
read
on
April
15,
2025,
and
finally
adopted
on________
to
become
effective
thirty
days
thereafter.
//
//
//
//
//
//
//
//
//
1202
Ordinance No. _____ (PZ 15-560-01; Teal Club Specific Plan Pre-Zoning) City Council Hearing Date: April 15, 2025 Page 4 of 5 // [Signatures on next page] PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Luis A. McArthur, Mayor ATTEST: ____________________________ Luly Lopez, City Clerk APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibits: Exhibit A: Proposed 2030 General Plan Zoning Map 1203
Ordinance No. _____ (PZ 15-560-01; Teal Club Specific Plan Pre-Zoning) City Council Hearing Date: April 15, 2025 Page 5 of 5 EXHIBIT A
1204
ORDINANCE NO. _____ AN ORDINANCE APPROVING PLANNING AND ZONING PERMIT NO. 15-640-01
(SPECIFIC
PLAN),
AND
CERTIFYING
FINAL
ENVIRONMENTAL
IMPACT
REPORT
NO.
2015-01
FOR
THE
TEAL
CLUB
SPECIFIC
PLAN,
GENERALLY
LOCATED
NORTH
OF
TEAL
CLUB
ROAD,
EAST
OF
PATTERSON
ROAD,
SOUTH
OF
DORIS
AVENUE,
AND
WEST
OF
VENTURA
ROAD,
(APNs
183-0-070-060,
-070,
-110,
-125,
-135,
-140,
-240)
.
FILED
BY
DENNIS
HARDGRAVE,
ON
BEHALF
OF
BORCHARD
PROPERTY
CO-OWNERS,
434
PARK
COTTAGE
PLACE,
CAMARILLO,
CALIFORNIA
93012.
WHEREAS, the City Council of the City of Oxnard has considered the proposed Teal Club Specific Plan
(Exhibit
A)
to
clarify
the
Urban
Village
as
outlined
within
the
2030
General
Plan;
to
create
planning
area
boundaries
and
Land
Use
Table.
The
new
land
use
designation
will
be
applied
in
combination
with
the
2030
General
Plan.
This
will
allow
for
the
option
to
develop
to
residential,
commercial,
mixed
use,
business
research
park,
and
open
space
under
the
Teal
Club
Specific
Plan,
as
identified
in
the
Teal
Club
Specific
Plan
within
the
project
area;
and
WHEREAS, on November 21, 2024, the Planning Commission of the City of Oxnard conducted a duly
noticed
public
hearing
where
written
and
oral
comments
were
received
and
reviewed
to
consider
an
application
for
adoption
of
the
Teal
Club
Specific
Plan
(PZ
15-640-01)
in
accordance
with
Chapter
16-575
of
the
Oxnard
City
Code;
and
WHEREAS, on November 21, 2024, the Planning Commission considered the project and recommended
the
following
revisions
to
the
project:
1. The proposed Teal Club Specific Plan shall include a minimum of 20 percent of the total 990
residential
units
as
designated
Affordable
units
subject
to
the
same
affordability
levels
and
ratios
(60
percent
very
low-income
and
40 percent
low-income
levels);
2. The proposed Class II bike lanes around the perimeter of the Teal Club Specific Plan area
be
developed
as
Class
I
bike
lanes;
3. The Landscape Guidelines for Residential Yards (Section 3.7.7) shall be revised to exclude
fountains
from
the
list
of
prohibited
items
in
front
yards
for
Detached
and
Attached
Cluster
Home
Areas
(R-2);
and
4. The Specific Plan shall encourage the development of electric energy developments. WHEREAS, on April 15, 2025, the City Council of the City of Oxnard conducted a duly noticed public
hearing
where
written
and
oral
comments
were
received
and
reviewed
to
consider
an
application
for
adoption
of
the
Teal
Club
Specific
Plan
(PZ
15-640-01)
in
accordance
with
Chapter
16-575
of
the
Oxnard
City
Code;
and
WHEREAS, the City Council finds, after due study, deliberation and a duly noticed public hearing on
April
15,
2025,
and
received
and
reviewed
written
and
oral
comments,
presented
by
staff
1205
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 2 of 6 and the Applicant, and that the project meets the criteria set out in Chapter 16-575 of the Oxnard
City
Code;
and
WHEREAS, the City Council found that Final EIR No. 2015-01 was completed in compliance with CEQA,
and
the
final
EIR
was
presented
to
the
City
Council
as
the
decision-making
body
of
the
Lead
Agency,
and
that
the
City
Council
reviewed
and
considered
the
information
contained
in
the
final
EIR
prior
to
approving
the
project;
and
the
final
EIR
reflects
the
lead
agency‘s
independent
judgment
and
analysis;
and
WHEREAS, the City Council certified Final Environmental Impact Report (FEIR) No. 2015-01 (State
Clearinghouse
No.
2012051080)
and
adopted
a
Statement
of
Overriding
Considerations.
The
FEIR
was
prepared
to
analyze
potential
impacts
associated
with
the
approval
and
the
implementation
of
The
Teal
Club
Specific
Plan
and
the
anticipated
build
out
of
the
149.72-acre
specific
plan
site.
The
FEIR
No.
2015-01
found
two
areas
of
significant
impacts
(Agricultural
Resources,
and
Air
Quality);
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following
circumstances
exist:
1. As outlined in Section 6(b) and Attachment F of the Planning Commission Staff report, the
proposed
Specific
Plan
is
in
conformance
with
the
2030
General
Plan
and
other
adopted
policies
of
the
City
of
Oxnard.
2. As determined in the Final EIR No. 2015-01, the proposed Specific Plan will result in significant
impacts
which,
even
after
application
of
feasible
mitigation,
cannot
be
mitigated
to
a
less
than
significant
level
and
therefore
remain
significant
and
unavoidable,
and
will
result
in
benefits
such
as
economic,
legal,
social,
technological
or
other
benefits
that
may
outweigh
the
potential
significant
effects
on
the
environment.
3. As outlined in Section 6(c - g) of the Planning Commission Staff report, the proposed Teal
Club
Specific
Plan
conforms
to
adopted
City
standards
and
constitutes
good
City
planning.
WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected
by
the
City
in
its
discretion)
and
hold
harmless
the
City
of
Oxnard
and
its
agents,
officers
and
employees
from
and
against
any
claims,
actions
or
proceedings
to
attack,
set
aside,
void
or
annul
the
approval
of
this
ordinance
or
any
actions
or
proceedings,
acts
or
determinations
taken,
done
or
made
before
the
approval
of
this
ordinance
that
were
part
of
the
approval
process.
1206
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 3 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. The City Council finds that the Teal Club Specific Plan is internally consistent with
all
other
provisions
of
the
City
of
Oxnard
2030
General
Plan.
SECTION 3. The City Council finds that the Teal Club Specific Plan will not be detrimental
to
the
public
interest,
health,
safety,
convenience,
or
welfare
of
the
City.
SECTION 4. The City Council finds that the project site associated with the Teal Club Specific
Plan
is
physically
suitable
in
terms
of
design,
location,
operating
characteristics,
shape,
size,
topography,
and
the
provision
of
public
and
emergency
vehicle
access,
and
public
services
and
utilities
and
is
served
by
highways
and
streets
adequate
in
width
and
improvement
to
carry
the
kind
and
quantity
of
traffic
the
proposed
use
would
likely
generate,
to
ensure
that
the
proposed
use(s)
and/or
development
will
not
endanger,
jeopardize,
or
otherwise
constitute
a
hazard
to
the
property
or
improvements
in
the
vicinity
in
which
the
property
is
located.
SECTION 5. The City Council determines that the proposed Teal Club Specific Plan is the best
use
for
the
subject
project
site.
SECTION 6. The City Council determines that the Teal Club Specific Plan is in the best interests
and
welfare
of
the
City
and
its
residents.
SECTION 7. The City Council finds and determines the project is in compliance with the California
Environmental
Quality
Act
because
an
EIR
(EIR
No.
2015-01)
was
considered
by
the
City
Council
at
the
public
hearing.
The
Final
EIR
was
prepared
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA,
Public
resources
Code
§§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines.
The
City
of
Oxnard
is
the
Lead
Agency.
Based
upon
the
analysis
contained
in
the
FEIR,
the
Teal
Club
Specific
Plan
would
result
in
one
or
more
Class
I
potentially
significant
and
unavoidable
impacts
in
the
following
two
impact
sections:
(1)
Agricultural
Resources,
and
(2)
Air
Quality.
Pursuant
to
CEQA
Section
21081
and
the
State
CEQA
Guidelines,
the
City
Council
made
specific
findings
to
include
consideration
of
benefits
of
the
project
such
as
economic,
legal,
social,
technological
or
other
benefits
that
may
outweigh
the
potential
significant
effects
on
the
environment.
SECTION 8. The City Council Approve Planning and Zoning Permit No. 15-640-01 (Specific
Plan),
attached
hereto
as
Exhibit
A
and
incorporated
herein
by
reference
with
the
following
revisions
as
recommended
by
the
Planning
Commission:
1. The proposed Class II bike lanes around the perimeter of the Teal Club Specific Plan 1207
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 4 of 6 area be developed as Class I bike lanes; 2. The Landscape Guidelines for Residential Yards (Section 3.7.7) shall be revised to exclude
fountains
from
the
list
of
prohibited
items
in
front
yards
for
Detached
and
Attached
Cluster
Home
Areas
(R-2);
and
3. The Specific Plan shall encourage the development of electric energy developments. SECTION 9. Except as expressly amended herein, the City’s Zoning Ordinance Map shall remain
in
full
force
and
effect
and
shall
apply
to
the
property
affected
by
this
Ordinance.
SECTION 10. All aspects of this Project shall not become effective unless and until the City
Council
approves
the
Development
Agreement.
SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated
to
prepare,
and
the
City
Clerk
published,
a
summary
of
this
Ordinance,
and
a
certified
copy
the
Ordinance
was
posted
in
the
Office
of
the
City
Clerk
a
minimum
of
five
days
before
the
City
Council’s
adoption
of
the
Ordinance.
SECTION 12. The City Clerk shall certify as to the adoption of this ordinance and shall cause the
summary
thereof
to
be
published
within
fifteen
(15)
days
of
the
adoption
and
shall
post
a
certified
copy
of
this
ordinance,
including
the
vote
for
and
against
the
same,
in
the
office
of
the
City
Clerk,
in
accordance
with
Government
Code
Section
36933.
Ordinance
No.
_____
was
first
read
on
April
15,
2025,
and
finally
adopted
on________
to
become
effective
thirty
days
thereafter.
PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Luis A. McArthur, Mayor
1208
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 5 of 6 ATTEST: ____________________________ Luly Lopez, City Clerk APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibit: Exhibit A: Proposed Teal Club Specific Plan 1209
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 6 of 6 EXHIBIT A TEAL CLUB SPECIFIC PLAN (See City Council Staff Report, Attachment 2) 1210
ORDINANCE NO. ____ AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO.
A-8565
(PLANNING
AND
ZONING
PERMIT
NO.
24-670-02)
GENERALLY
LOCATED
NORTH
OF
TEAL
CLUB
ROAD,
EAST
OF
PATTERSON
ROAD,
SOUTH
OF
DORIS
AVENUE,
AND
WEST
OF
VENTURA
ROAD,
(APNs
183-0-070-060,
-070,
-140,
-240)
.
FILED
BY
DENNIS
HARDGRAVE,
ON
BEHALF
OF
BORCHARD
PROPERTY
CO-OWNERS,
434
PARK
COTTAGE
PLACE,
CAMARILLO,
CALIFORNIA
93012.
WHEREAS, on November 21, 2024 the Planning Commission recommended that the City Council approve
the
entitlements
for
the
Teal
Club
Specific
Plan
to
guide
future
development
on
the
149.72-acre
project
site;
and
WHEREAS, the City Council of the City of Oxnard has considered an application for Planning and Zoning
Permit
No.
24-670-02,
Development
Agreement
No.
A-8565
(Development
Agreement)
between
the
City
of
Oxnard,
a
municipal
corporation
of
the
State
of
California
(the
“City”)
and
Borchard
Property
Co-Owners
a
California
limited
liability
company
(collectively
referred
to
“Applicant”
or
“Developer”
in
the
record
of
proceedings);
and
WHEREAS, the Development Agreement would generally provide the framework for financial commitments
paid
to
the
City,
allow
for
fee
modifications,
define
future
affordable
housing
requirements,
outline
timing
and
required
infrastructure
improvements,
and
maintenance
requirements
for
the
project.
The
Development
Agreement
is
included
in
Exhibit
A
to
this
Ordinance;
and
WHEREAS, the City Council found that Final EIR No. 2015-01 was completed in compliance with CEQA,
and
the
final
EIR
was
presented
to
the
City
Council
as
the
decision-making
body
of
the
Lead
Agency,
and
that
the
City
Council
reviewed
and
considered
the
information
contained
in
the
final
EIR
prior
to
approving
the
project;
and
the
final
EIR
reflects
the
lead
agency‘s
independent
judgment
and
analysis;
and
WHEREAS, the City Council certified Final Environmental Impact Report (FEIR) No. 2015-01 (State
Clearinghouse
No.
2012051080)
and
adopted
a
Statement
of
Overriding
Considerations.
The
FEIR
was
prepared
to
analyze
potential
impacts
associated
with
the
approval
and
the
implementation
of
The
Teal
Club
Specific
Plan
and
the
anticipated
build
out
of
the
149.72-acre
specific
plan
site.
The
FEIR
No.
2015-01
found
two
areas
of
significant
impacts
(Agricultural
Resources,
and
Air
Quality);
and
WHEREAS, on November 21, 2024, the Planning Commission of the City of Oxnard conducted a duly
noticed
public
hearing
where
written
and
oral
comments
were
received
and
reviewed
to
consider
an
application
for
a
Development
Agreement
(PZ
24-670-02)
in
accordance
with
Chapter
16-575
of
the
Oxnard
City
Code;
and
WHEREAS, on November 21, 2024, the Planning Commission considered the project and recommended
the
following
revisions
to
the
project:
1. The proposed Teal Club Specific Plan shall include a minimum of 20 percent of the total 990
residential
units
as
designated
Affordable
units
subject
to
the
same
affordability
1211
Ordinance No. _____ (PZ 24-670-02; Teal Club Property Development Agreement) City Council Hearing Date: April 15, 2025 Page 2 of 6 levels and ratios (40 percent very low-income and 60 percent low-income levels); and 2. The project shall be subject to the prevailing wage. WHEREAS, on April 15, 2025, the City Council of the City of Oxnard conducted a duly noticed public
hearing
where
written
and
oral
comments
were
received
and
reviewed
to
consider
an
application
for
a
Development
Agreement
(PZ
24-670-02)
in
accordance
with
Chapter
16-575
of
the
Oxnard
City
Code;
and
WHEREAS, the City Council finds, after due study, deliberation and a duly noticed public hearing on
April
15,
2025,
and
received
and
reviewed
written
and
oral
comments,
presented
by
staff
and
the
Applicant,
that
the
project
meets
the
criteria
set
out
in
California
Government
Code
65864
through
65869.5;
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed
Development
Agreement
is
consistent
with
the
2030
General
Plan;
and
WHEREAS, the pursuit of the Development Agreement is a reasonable exercise of the City’s police powers
to
ensure
the
continued
health,
safety,
and
welfare
of
the
public
by
providing
housing
opportunities
for
the
residents
of
the
City
of
Oxnard;
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following
circumstances
exist:
1. As outlined in Section 6(b) and Attachment F of the Planning Commission Staff report, the
proposed
Development
Agreement
is
in
conformance
with
the
2030
General
Plan
and
other
adopted
policies
of
the
City
of
Oxnard;
2. As outlined in Section 6(h) of the Planning Commission Staff report, the proposed Development
Agreement
is
a
logical
refinement
and
internally
consistent;
and
3. As determined in the FEIR, the proposed Development Agreement will not adversely affect
or
be
materially
detrimental
to
adjacent
land
uses,
buildings
or
structures
or
to
the
public
health,
safety
or
general
welfare;
4. As outlined in the Planning Commission Staff report, the proposed Development Agreement
in
association
with
the
Teal
Club
Specific
Plan
conforms
to
adopted
City
standards
and
constitutes
good
City
planning.
WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected
by
the
City
in
its
discretion)
and
hold
harmless
the
City
of
Oxnard
and
its
agents,
officers
and
employees
from
and
against
any
claims,
actions
or
proceedings
to
attack,
set
aside,
void
or
annul
the
approval
of
this
Ordinance
or
any
actions
or
proceedings,
acts
or
determinations
taken,
done
or
made
before
the
approval
of
this
ordinance
that
were
part
of
1212
Ordinance No. _____ (PZ 24-670-02; Teal Club Property Development Agreement) City Council Hearing Date: April 15, 2025 Page 3 of 6 the approval process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. The City Council finds that the Teal Club Property Development Agreement is
internally
consistent
with
all
other
provisions
of
the
City
of
Oxnard
2030
General
Plan.
SECTION 3. The City Council finds that the Teal Club Property Development Agreement will
not
be
detrimental
to
the
public
interest,
health,
safety,
convenience,
or
welfare
of
the
City.
SECTION 4. The City Council finds that the project site associated with the Teal Club Property
Development
Agreement
is
physically
suitable
in
terms
of
design,
location,
operating
characteristics,
shape,
size,
topography,
and
the
provision
of
public
and
emergency
vehicle
access,
and
public
services
and
utilities
and
is
served
by
highways
and
streets
adequate
in
width
and
improvement
to
carry
the
kind
and
quantity
of
traffic
the
proposed
use
would
likely
generate,
to
ensure
that
the
proposed
use(s)
and/or
development
will
not
endanger,
jeopardize,
or
otherwise
constitute
a
hazard
to
the
property
or
improvements
in
the
vicinity
in
which
the
property
is
located.
SECTION 5. The City Council determines that the development that would be authorized for
the
project
site
by
the
proposed
Teal
Club
Property
Development
Agreement
is
the
best
use
for
the
subject
project
site.
SECTION 6. The City Council determines that the Teal Club Property Development Agreement
is
in
the
best
interests
and
welfare
of
the
City
and
its
residents.
SECTION 7. The City Council finds and determines the project is in compliance with the California
Environmental
Quality
Act
because
an
EIR
(EIR
No.
2015-01)
was
considered
by
the
City
Council
at
the
public
hearing.
The
Final
EIR
was
prepared
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA,
Public
resources
Code
§§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines.
The
City
of
Oxnard
is
the
Lead
Agency.
Based
upon
the
analysis
contained
in
the
FEIR,
the
Teal
Club
Specific
Plan
would
result
in
one
or
more
Class
I
potentially
significant
and
unavoidable
impacts
in
the
following
two
impact
sections:
(1)
Agricultural
Resources,
and
(2)
Air
Quality.
Pursuant
to
CEQA
Section
21081
and
the
State
CEQA
Guidelines,
the
City
Council
made
specific
findings
to
include
consideration
of
benefits
of
the
project
such
as
economic,
legal,
social,
technological
or
other
benefits
that
may
outweigh
the
potential
significant
effects
on
the
environment.
SECTION 8. Based on the findings set forth herein, the City Council approves Planning and
Zoning
Permit
No.
24-670-02
(Development
Agreement
A-8565).
1213
Ordinance No. _____ (PZ 24-670-02; Teal Club Property Development Agreement) City Council Hearing Date: April 15, 2025 Page 4 of 6 SECTION 9. Planning and Zoning Permit No. 24-670-02 ( Development Agreement No. A -
8565)
is
approved
to
amend
the
Development
Agreement
pursuant
to
Exhibit
A,
hereto
attached.
SECTION 10. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of
this
ordinance.
SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated
to
prepare,
and
the
City
Clerk
published,
a
summary
of
this
Ordinance,
and
a
certified
copy
the
Ordinance
was
posted
in
the
Office
of
the
City
Clerk
a
minimum
of
five
days
before
the
City
Council’s
adoption
of
the
Ordinance.
SECTION 12. Within 15 days after passage, the City Clerk shall cause this ordinance to be published
one
time
in
a
newspaper
of
general
circulation
published
and
circulated
in
the
City.
Ordinance
No.
_____
was
first
read
on
April
15,
2025,
and
finally
adopted
on
______________,
to
become
effective
thirty
(30)
days
thereafter.
PASSED AND ADOPTED this 15th day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Luis A. McArthur, Mayor ATTEST: ____________________________ Luly Lopez, City Clerk 1214
Ordinance No. _____ (PZ 24-670-02; Teal Club Property Development Agreement) City Council Hearing Date: April 15, 2025 Page 5 of 6 APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibits: Exhibit A: Development Agreement 1215
Ordinance No. _____ (PZ 24-670-02; Teal Club Property Development Agreement) City Council Hearing Date: April 15, 2025 Page 6 of 6 EXHIBIT A DEVELOPMENT AGREEMENT (See City Council Staff Report, Attachment 3) 1216
RESOLUTION NO. ____ RESOLUTION OF THE CITY COUNCIL TO PROCEED WITH ANNEXATION OF THE
PARCELS
GENERALLY
LOCATED
ON
THE
NORTH
SIDE
OF
LITTLE
FARMS
ROAD,
EAST
OF
PATTERSON
ROAD,
SOUTH
OF
DORIS
AVENUE,
AND
WEST
OF
VENTURA
ROAD
(PLANNING
AND
ZONING
PERMIT
NO.
PZ
15-610-01)
(APNs
183-0-070-070,
-110,
-125,
-135,
-240,
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565,
183-0-060-125,
-245,
-255,
-265,
-325,
-395,
-455,
183-0-070-015)
.
FILED
BY
DENNIS
HARDGRAVE,
ON
BEHALF
OF
BORCHARD
PROPERTY
CO-OWNERS,
434
PARK
COTTAGE
PLACE,
CAMARILLO,
CALIFORNIA
93012.
WHEREAS, the Borchard Property Co-owners owns seven contiguous parcels that total 149.72-acres
generally
located
north
of
Teal
Club
Road,
east
of
Patterson
Road,
south
of
Doric
Avenue,
and
west
of
Ventura
Road
(APNs
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565);
and
WHEREAS, Dennis Hardgrave, on behalf of the Borchard Property Co-owners, filed entitlement applications
with
the
City
of
Oxnard
for
Annexation
(PZ
No.
15-610-01),
a
General
Plan
Amendment
(PZ
No.
15-620-03),
Pre-Zoning
(PZ
No.
15-560-01),
a
Development
Agreement
(PZ
No.
24-670-02),
and
a
Specific
Plan
(PZ
No.
15-640-01);
and
WHEREAS, if the applications are collectively approved by the City of Oxnard and subsequently by
the
Ventura
County
Local
Agency
Formation
Commission
(LAFCo),
the
Teal
Club
Specific
Plan
would
allow
future
development
of
residential,
commercial,
mixed
use,
business
research
park,
open
space,
and
associated
infrastructure
improvements
under
the
Teal
Club
Specific
Plan,
subject
to
obtaining
the
required
entitlements,
as
identified
in
the
Teal
Club
Specific
Plan
within
the
project
area; WHEREAS, related Project approvals are required by the Local Agency Formation Commission, County
of
Ventura,
Ventura
County
Airport
Land
Use
Commission,
Calleguas
Municipal
Water
District,
and
the
Metropolitan
Water
District
of
Southern
California;
and WHEREAS, the Project was reviewed by the City Council as a Pre-Application in 2005, 2009, and
2011
which
identified
the
mix
of
land
uses,
compatibility,
with
surrounding
development,
affordable
housing,
and
on-site
recreational
amenity
issues
that
were
addressed
by
changes
to
the
Project;
and
WHEREAS, the Project applicants participated in a Community Workshop on April 18, 2022; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA, Public resources
Code
§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines,
the
City
of
Oxnard
as
the
Lead
Agency,
has
prepared
a
EIR
No.
2015-01
(State
Clearinghouse
No.
2012051080);
and
WHEREAS, the City Council has considered EIR No. 2015-01 before making its recommendation
herein
and
found
that
Final
EIR
No.
2015-01
was
completed
in
compliance
with
CEQA,
and
the
final
EIR
was
presented
to
the
City
Council
as
the
decision-making
body
of
the
Lead
Agency,
and
that
the
City
Council
reviewed
and
considered
the
information
contained
in
the
final
EIR
prior
to
approving
the
project;
and
1217
Resolution No. _____ (PZ PZ 15-610-01; Teal Club Specific Plan Annexation) City Council Hearing Date: April 15, 2025 Page 2 of 6 the final EIR reflects the lead agency‘s independent judgment and analysis; and WHEREAS, the City Council certified Final Environmental Impact Report (FEIR) No. 2015-01 (State
Clearinghouse
No.
2012051080)
and
adopted
a
Statement
of
Overriding
Considerations;
and
WHEREAS, LAFCo approval of the proposed Reorganization with annexation will fully entitle development
of
the
Project
in
a
manner
consistent
with
applicable
City
of
Oxnard
General
Plan
goals
and
policies,
zoning,
development
conditions
and
standards
as
documented
in
the
administrative
record
and
with
significant
environmental
impact
as
documented
in
the
aforementioned
Final
Environmental
Impact
Report;
and
WHEREAS, the City Council is concurrently approving the Pre-zoning (PZ 15-560-01) and Specific
Plan
(15-640-01)
ordinances;
and
WHEREAS, the Teal Club neighborhood is the nearest City neighborhood to which the project may
be
attached
by
amending
the
Neighborhoods
Map
within
the
General
Plan;
and
WHEREAS, City Council District No. 1 is the nearest City Council District; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 21, 2024 and
received
and
reviewed
written
and
oral
comments;
and
WHEREAS, the City Council held a duly noticed public hearing on April 15, 2025 and received and
reviewed
written
and
oral
comments;
and
WHEREAS, the City Council finds after due study and deliberation that the public interest and general
welfare
require
the
approval
of
an
Annexation
of
the
parcels
generally
located
on
the
north
side
of
Little
Farms
Road,
east
of
Patterson
Road,
south
of
Doris
Avenue,
and
west
of
Ventura
Road,
(APNs
183-0-070-070,
-110,
-125,
-135,
-240,
183-0-110-030,
-045,
-050,
-260,
-270,
-395,
-405,
-415,
183-0-100-405,
-555,
-565,
183-0-060-125,
-245,
-255,
-265,
-325,
-395,
-455,
183-0-070-015)
and
approval
of
a
General
Plan
Amendment
changing
the
land
use
map
designation
of
certain
parcels
(APNs
183-0-070-060,
-070,
-110,
-125,
-135,
-140,
-240)
to
be
consistent
with
the
land
uses
identified
in
the
Teal
Club
Specific
Plan
as
identified
in
Exhibit
1;
and
WHEREAS, the City Council of the City of Oxnard having held a public hearing, reviewed the request,
and
having
studied
the
land
use
of
the
area,
finds
that:
1. The location and topography of the proposed Annexation is within the natural area of development
of
the
City
of
Oxnard
and
within
the
LAFCo
Sphere
of
influence
that
represents
the
probable
future
boundaries
and
service
area
of
the
City.
The
Annexation
is
consistent
with
LAFCo's
Guidelines
for
Orderly
Development
as
the
development
would
occur
within
the
incorporated
City
of
Oxnard
which
provides
a
full
range
of
municipal
services.
2. The proposed Annexation is located within the City Urban Restriction Boundary established
by
the
Save
Open
Space
and
Agricultural
Resources
uncodified
ordinance
1218
Resolution No. _____ (PZ PZ 15-610-01; Teal Club Specific Plan Annexation) City Council Hearing Date: April 15, 2025 Page 3 of 6 and does not require voter approval for Annexation. 3. The proposed Annexation conforms in extent and purpose to the 2030 General Plan. WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected
by
the
City
in
its
discretion)
and
hold
harmless
the
City
of
Oxnard
and
its
agents,
officers
and
employees
from
and
against
any
claims,
actions
or
proceedings
to
attack,
set
aside,
void
or
annul
the
approval
of
this
resolution
or
any
actions
or
proceedings,
acts
or
determinations
taken,
done
or
made
before
the
approval
of
this
resolution
that
were
part
of
the
approval
process.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF OXNARD
DOES
HEREBY:
SECTION 1. Certify EIR No. 2015-01, as amended, for the project described therein; adopt
a
Mitigation
Monitoring
and
Reporting
Program
for
the
project
described
within
EIR
No.
2015-01;
and
impose
mitigation
measures
identified
within
EIR
No.
2015-01
on
the
project
parcels
described
within
the
EIR
based
upon
the
project
description
evaluated
within
EIR
No.
2015-01;
and
find
that
CEQA
requirements
are
met.
SECTION 2. Adopt Annexation PZ No. 15-610-01 changing the city limits as shown in
Exhibit
"A"
attached
hereto
and
incorporated
herein
by
reference;
and
add
the
project
area
to
Oxnard
municipal
boundaries
within
City
Council
District
No.
1. SECTION 3. Adopt a resolution directing the Community Development Director to proceed
with
an
Annexation
application
to
LAFCo
on
behalf
of
the
Project.
SECTION 4. The City Council proposes this reorganization and requests that the Ventura
County
LAFCo
initiate
proceedings
pursuant
to
Part
3 of
the
Cortese-Knox-Hertzberg
Local
Government
Reorganization
Act
of
2000,
California
Government
Code
Section
56650
et
seq.
SECTION 5. This proposal is a reorganization and consists of the following, but is not limited
to
these
actions
in
the
event
LAFCo
determines
additional
reorganizations
are
required,
changes
of
organization
as
follows:
a. Reorganization with annexation to the City of Oxnard b. Reorganization with annexation to Calleguas Municipal Water District c. Detachment from the Ventura County Resource Conservation District d. Detachment from the Ventura County Fire Protection District e. Detachment from Ventura County Service Area No. 32 SECTION 6. The proposal is consistent with the spheres of influence of all affected agencies,
as
listed:
a. Sphere of influence City of Oxnard b. Sphere of influence Calleguas Municipal Water District SECTION 7. The City Council finds that the property is located within the City’s Sphere
of
Influence
and
that
the
proposal
would
be
a
logical
and
proper
expansion
of
the
1219
Resolution No. _____ (PZ PZ 15-610-01; Teal Club Specific Plan Annexation) City Council Hearing Date: April 15, 2025 Page 4 of 6 City boundaries. SECTION 8. Exhibit A, which is attached hereto and incorporated herein by this reference,
is
the
map
of
the
affected
territory.
SECTION 9. The City Council proposes that the reorganization of the territory described
in
Exhibit
A
be
subject
to
the
following
terms
and
conditions:
a. The territory shall be liable for any existing indebtedness of the City. b. The territory shall be liable for payment of any existing or authorized taxes, assessments,
fees,
and
charges
comparable
to
those
imposed
on
the
property
within
the
City.
SECTION 10. The reasons for the proposal are to implement Guidelines for Orderly Development
and
promote
orderly
government
boundaries.
SECTION 11. The City Council hereby directs and authorizes the City Manager, or designee,
to
file
the
application
with
LAFCo
for
the
reorganization
described
herein
on
behalf
of
the
City
Council
with
the
Executive
Officer
of
LAFCo
pursuant
to
the
Cortese-Knox-Hertzberg
Local
Government
Reorganization
Act
of
2000
(Section
5600
et
seq.
of
the
California
Government
Code).
SECTION 12. The City Council hereby directs and authorizes the City Clerk to forward
a
copy
of
this
Resolution
with
applicable
fees
and
other
information
as
required
to
the
Executive
Officer
of
LAFCo.
SECTION 13. The City Council consents to LAFCo’s waiver of further conducting authority,
proceedings,
if
provided
for
pursuant
to
Government
Code
Section
56663.
SECTION 14. The City Clerk shall certify the adoption of this Resolution. [Signatures on next page] 1220
Resolution No. _____ (PZ PZ 15-610-01; Teal Club Specific Plan Annexation) City Council Hearing Date: April 15, 2025 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Luis A. McArthur, Mayor ATTEST: ____________________________ Luly Lopez, City Clerk APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibit: Exhibit A: Proposed Annexation Map
1221
Resolution No. _____ (PZ PZ 15-610-01; Teal Club Specific Plan Annexation) City Council Hearing Date: April 15, 2025 Page 6 of 6 EXHIBIT A
1222
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2015-01 (STATE CLEARINGHOUSE NO. 2012051080) AND APPROVING THE FINDINGS OF
FACT AND THE MITIGATION MONITORING AND REPORTING
PROGRAM AND ADOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE TEAL CLUB SPECIFIC PLAN PROJECT THE
GENERALLY LOCATED NORTH OF TEAL CLUB ROAD, EAST OF
PATTERSON ROAD, SOUTH OF DORIS AVENUE, AND WEST OF VENTURA ROAD (APNs 183-0-070-060, -070, -110, -125, -135, -140, -240, 183-0-110-030, -045, -050, -260, -270, -395, -405, -415, 183-0-100-405, -555, -565, 183-0-060-125, -245, -255, -265, -325, -395, -455, 183-0-070-015). FILED
BY DENNIS HARDGRAVE, ON BEHALF OF BORCHARD PROPERTY CO-OWNERS, 434 PARK COTTAGE PLACE, CAMARILLO, CALIFORNIA 93012.
WHEREAS, Dennis Hardgrave on behalf of the Borchard Property Co-owners (the “Applicant” and/or “Permittee”), submitted a request to approve Planning and Zoning Permit No. 15–640-01 (Specific Plan) to adopt the Teal Club Specific Plan to guide future development within the project area, generally located north of Teal Club Road, east of Patterson Road, south of Doris Avenue, and west of Ventura Road (APNs 183-0-070-060, -070, -110, -125, -135, -140, -240, 183-0-110-030, -045, -050, -260, -270, -395, -405, -415, 183-0-100-405, -555, -565, 183-0-060-125, -245, -255, -265, -325, -395, -455, 183-0-070-015) (the “Project”); and
WHEREAS, a Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) was issued on May 18, 2012, soliciting public input regarding a DEIR for the Project; and WHEREAS, the public comment period on the NOP ran for forty-five (45) days commencing on May 18, 2012 and ending on July 2, 2012; and
WHEREAS, a DEIR reflecting input received in response to the NOP was prepared and released for public and agency review on August 3, 2015; and
WHEREAS, the public comment period on the DEIR ran for sixty-three (63) days commencing on August 3, 2015 and ending on October 5, 2015; and
WHEREAS, a public comment from the Oxnard School District mentioned the acquisition of a 20-25 acre site at the corner of Doris Avenue and Patterson Road within the Teal Club Specific Plan area to develop school facilities and the Facilities Implementation Program Semi-Annual Report adopted by the Oxnard School District provided for the acquisition of a 20-25 acre site at the corner of Doris Avenue and Patterson Road within the Teal Club Specific Plan area to develop school facilities, and the proposed Specific Plan was put on hold pending a decision on the school site by Oxnard School District.
WHEREAS, in February 2019, the Oxnard School District Board of Trustees approved a 25-acre parcel in the original Teal Club Specific Plan area for development of a district office, a 1223
Resolution No. _____ (EIR No. 2015-01; Teal Club Specific Plan Environmental Impact Report) City Council Hearing Date: April 15, 2025