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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 City Agreement Nos. 06-365 and 06-366 are hereby rescinded. 3.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. --00000-- S:\COUNCIL\Resos\08-09\MtViewBravo.RescindAgr.doc Page 1 of 2 Pages kR P KF,9 a s~ r c> d 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 S:\COUNCIL\Resos\08-09\MtViewBravo.RescindAgr. doc 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 F-- r 0 C 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 `gAKr~, Q' cP~ f- rn ORIGINAL