Form Rev 3/6/2023
RESOLUTION NO. __________
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 (“Parks Agreement”).
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 “Parks Agreement” shall mean the original Parks Agreement, as amended; and
WHEREAS, the Parks Agreement obligates Master Developer to construct a public jogging trail (“Jogging Trail”) and a 0.25-acre public park plaza (“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 (“Property”) 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 City approval, the assignment of Master Developer’s rights and interests and the transfer/delegation of Master Developer’s 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 st aff 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.
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.
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