City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: July 27, 2004

Subject/Title: Approve a Resolution Agreeing to the Assignment of All Rights Created by a Subdivision Agreement, Subdivision No. 8470, from Mission Peak Homes, Inc. to Amber Park LLC

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Approve a resolution agreeing to the transfer of all rights, duties, and obligations created by the Subdivision Agreement, Subdivision No. 8470, dated August 12, 2003, from Mission Peak Homes, Inc. to Amber Park, LLC. (“Agreement”).

BACKGROUND
The Subdivision Agreement between the City and Mission Peak Homes, Inc. requires that the City consent to any assignment of the rights, duties, and obligation created by this Agreement. The City cannot be unreasonable in withholding or delaying the consent.

On July 5, 2004, the City received a request from Mission Peak Homes, Inc. to approve the assignment to Amber Park LLC of all of Mission Peak Homes, Inc.’s right, title and interest in the Agreement.

ANALYSIS
The City needs to investigate whether the entity taking over the responsibility for the Agreement is financially sound and that it is capable of fulfilling all of the Agreement’s obligations and duties. Amber Park LLC is a California limited liability company with two members, Mission Peak Homes, Inc. and Mission Peak Construction, Inc. Therefore, it appears that the financial capabilities will not be altered by the assignment, as Mission Peak Homes, Inc. will remain a key partner in the development of Subdivision No. 8470.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE TRANSFER OF THE SUBDIVISON AGREEMENT BETWEEN THE CITY AND MISSION PEAK HOMES, INC. TO AMBER PARK LLC

WHEREAS, the City Council approved a Subdivision Agreement concerning Subdivision 8470, consisting of approximately 55.4 acres south of Lone Tree Way and east of Empire Road; and

WHEREAS, Paragraph 27 of the Subdivision Agreement between City and Mission Peak Homes, Inc. requires the City’s consent to a transfer of Mission Peak Homes, Inc.’s interest in the Subdivision Agreement, subject to the City not being unreasonably withheld or delaying its consent; and

WHEREAS, Mission Peak Homes, Inc. has requested that the City consent to its transfer of all rights, duties, and obligations created by the Agreement to Amber Park LLC, an entity comprised of only two members, Mission Peak Homes, Inc. and Mission Peak Construction, Inc.

NOW, THEREFORE BE IT RESOLVED that the City Council finds that the transferees’ reputations and financial resources, such that transferees would in the City’s reasonable opinion, shall be sufficient to perform those obligations under the Subdivision Agreement and the City Council further approves of the assignment of all rights, duties, and obligations created by the Subdivision Agreement from Mission Peak Homes, Inc. to Amber Park LLC, and authorizes the City Manager to execute all documents necessary to permit this assignment.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of July, 2004 by the following vote:
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov