HomeMy WebLinkAboutReso 2023-201
RESOLUTION NO. 2023-201
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PARTIAL ASSIGNMENT
AND TRANSFER AGREEMENT REGARDING
CONSTRUCTION OF PARK OBLIGATIONS IN LOT 19 OF
THE MILLENIA SECTIONAL PLANNING AREA BETWEEN
MILLENIA 2022, LLC. AND MILLENIA LOT 19 OWNER, LLC.,
WITH CONSENT OF THE CITY OF CHULA VISTA
WHEREAS, City and Original Master Developer of the Millenia Sectional Planning Area
entered into the Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern
Urban Center, recorded October 28, 2009, as Document No. 2009-0599389 .
City and First Successor Master Developer also entered into the First Amendment to Agreement
Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center, recorded
December 8, 2015, as Document No. 2015-0627423. City and Master Developer also entered into
the Second Amendment to Agreement Regarding Construction of Parks in a Portion of Otay Ranch
Eastern Urban Center, recorded September 9, 2016, as Document No. 2016-0473597. As used
herein, the shall mean the original Parks Agreement, as amended; and
WHEREAS, the Parks Agreement obligates Master Developer to construct a public
jogging trail and a 0.25-acre public park plaza within Lot 19 of
the Millenia Sectional Planning Area; and
WHEREAS, Master Developer is selling Lot 19 of the Millenia Sectional Planning Area
to MILLENIA LOT 19 OWNER, LLC, a Delaware limited liability company; and
WHEREAS, Section 13.10 of the Parks Agreement allows, on certain conditions and upon
parks obligations as to the Property only; and
WHEREAS, the Partial Assignment and Transfer Agreement for the transfer of the
obligations to construct the Jogging Trail and the Park Plaza on the Property is provided as
Attachment 1 to the Staff Report on this matter; and
WHEREAS, City staff recommends approval of the Partial Assignment and Transfer
Agreement for the transfer of the obligations to construct the Jogging Trail and the Park Plaza on
the Property; and
WHEREAS, the Chula Vista City Council has reviewed and considered all materials for
the Partial Assignment and Transfer Agreement for the transfer of the obligations to construct the
Jogging Trail and the Park Plaza on the Property; and
WHEREAS, the matter was considered at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Chula Vista City Council.
Resolution No. 2023-201
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Partial Assignment and Transfer Agreement regarding construction of the
Jogging Trail and the Park Plaza on Lot 19 of the Millenia Sectional Planning Area, between
Millenia 2022, LLC. and Millenia Lot 19 Owner, LLC., with the consent of the City of Chula
Vista, in the form presented, with such minor modifications as may be required or approved by the
City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes
and directs the City Manager to execute same.
\[SIGNATURES ON THE FOLLOWING PAGE\]
Resolution No. 2023-201
Page No. 3
Presented by Approved as to form by
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of December 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2023-201 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 12th day of December 2023.
Executed this 12th day of December 2023.
Kerry K. Bigelow, MMC, City Clerk