HomeMy WebLinkAboutRES NO 042-09RESOLUTION NO. 0 4 2 09
RESOLUTION OF THE CITY COUNCIL RESCINDING
AGREEMENT NOS. 06465 AND 06-366 RELATING TO
PARKS IN THE CITY IN THE HILLS AREA OF THE CITY
OF BAKERSFIELD
WHEREAS, on November 29, 2006, the City and Mountain View Bravo, LLC
("MVB") entered into Agreement Nos. 06-365 and 06-366, whereby MVB agreed to
construct two parks in the City in the Hills area within the City of Bakersfield and receive
compensation from the City for construction of those parks; and
WHEREAS, Agreement No. 06-365 referenced an 11.32 net acre park site
known as City Hills East, and Agreement No. 06-366 referenced a 9.61 net acre park
site known as City Hills West; and
WHEREAS, due to the economic downturn, MVB is unable to construct either of
the above-referenced parks; and
WHEREAS, the City is agreeable to rescinding Agreement Nos. 06-365 and 06-
366, thereby relieving MVB of any obligation to construct the parks
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. City Agreement Nos. 06-365 and 06-366 are hereby rescinded.
3. As a consequence of rescinding these Agreements, MVB is under no
obligation to construct the parks and shall not be entitled to any compensation for
construction of the parks.
4. Any parks that may be built at the above-referenced sites in the future,
either by the City or another developer, shall be constructed in accordance with City
approved plans and specifications, adopted City standards, and good engineering
practices.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
~APR 0 1 2009 by the following vote:
AYE`
COUNCILMEMBER"y
ES:
COUNCILMEMBER (Airy 0'
ABSTAIN:
COUNCILMEMBER rn FrV-2_
ABSENT:
COUNCILMEMBER r- .2 1. -.A
6'4'v~ j - ~'4 Ziff
PAMELA A. McCARTHY, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: PR 0 2
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _
ROBERT M. SHERFY
Deputy City Attorney
RMS:Isc
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MVB concurs with the terms of
this Resolution.
"MVB"
MOUNTAIN VIEW BRAVO, LLC
By Qumran Investments, Inc.
its General Manager
By
MIMI MOK
President
Page 2 of 2 Pages
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ORIGINAI.
MOUNTAIN VIEW BRAVO, LLC
Mr. Robert Sherfy
Office of the City Attorney
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
April 10, 2009
Dear Bob:
It was nice speaking with you. Enclosed please find Resolution No. 042-
08, with my signature.
Sincerely,
Mimi Mok
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ORIGINAL