HomeMy WebLinkAboutReso 2011-168RESOLUTION NO. 2011-168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN ASSIGNMENT AND
ASSUMPTION AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA, MCMILLIN OTAY RANCH, LLC, AND
SLF IV/MCMILLIN MILLENIA JV, LLC AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, McMillin Otay Ranch, LLC and the City of Chula Vista executed an Interim
Desiltation and Maintenance Agreement for the Eastern Urban Center Interim Grading,
recorded on June 9, 2004 in the Office of the County Recorder of San Diego County as File
No. 2004-0538918 of Official Records (2004 Interim Desiltation and Maintenance
Agreement); and
WHEREAS, the 2004 Interim Desiltation and Maintenance Agreement was executed to
provide maintenance and to guarantee the operation and maintenance of certain temporary
drainage, desilting basins, and erosion sedimentation control facilities, as shown on Chula
Vista Drawing Nos. 03070-10, 03070-11, and 03070-13; and
WHEREAS, on February 22, 2011, SLF IV/McMillin Millenia JV, LLC (Millenia)
purchased the Eastern Urban Center from McMillin Otay Ranch, LLC, and now McMillin
Otay Ranch, LLC has requested that their cash deposit and bond be released by the City; and
WHEREAS, Millenia has also requested that an Assignment and Assumption Agreement
be entered into wherein said agreement assigns all related duties and obligations contained in
the 2004 Interim Desiltation and Maintenance Agreement from McMillin Otay Ranch, LLC
to Millenia and secures the subject agreement with Millenia's replacement cash deposit and
bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Assignment and Assumption Agreement between the City of
Chula Vista, McMillin Otay Ranch, LLC, and SLF IV/McMillin Millenia JV, LLC assigning
the obligations of the 2004 Interim Desiltation and Maintenance Agreement to Millenia.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by
Gary Ilalbgft~ P.$~ AIC1s '
Assistant i Manager/Director ofManager/Director of
Development Services
Approved as to form by
v l ~'~
len R.~ogins ~
Ity~ktt"orney --
Resolution No. 2011-168
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
l/~+k~.O.l u/ .
Cheryl Cox, yor
ATTEST:
~~ ~~
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-168 was duly passed, approved, and adopted by the Cjty Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2011.
Executed this 13th day of September 2011.
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Donna R. Norris, CMC, City Clerk