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HomeMy WebLinkAboutReso 2009-165RESOLUTION NO. 2009-165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD lOB RESTATEMENT AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH, LLC AND K. HOVNANIAN AT BELLA LAGO, LLC WHEREAS, on September 13, 2005, McMillin entered into Subdivision Improvement Agreement (SIA) for Rolling Hills Ranch Neighborhood ] 0 (the "Property"), which provided that McMillin would install and complete at McMillin's own expense and at no cost to City the improvements required by City in connection with the Project; and WHEREAS, on December 6, 2006, Hovnanian purchased the Property from McMillin and has agreed to replace the bonds required under the SIA; and WHEREAS, Hovnanian is willing to enter into the Restatement and Assignment Agreement by and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC and K. Hovnanian at Bella Lago, LLC which provides that Hovnanian will replace the bonds previously posted by McMillin and will assume all of the duties and obligations of McMillin secured by the bonds pursuant to the SIA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Chula Vista Tract No. 92-092A, Rolling Hills Ranch, Subarea III, Restatement and Assignment Agreement by and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC and K. Hovnanian at Bella Lago, LLC, relating to Neighborhood l OB. Presented by Approved as to form by ~ i~ Gazy albeit P. ., AI B C. Miesfe j' Deputy City anager/Development Services rty Attorn~ Director Resolution 2009-165 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann l/~ Cheryl Cox, I yo ATTEST: Donna R. Norris, C C, 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. 2009-165 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 14th day of July 2009. Executed this 14th day of July 2009. ~j11,Gtp ~~~,LI~p,J~~.lJ Donna R. Noms, CMC, City Clerk