CITY COUNCIL AGENDA ITEM
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
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.
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.
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
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
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: