Item 35 - Annual Agreement of Development Agreement with McMillin Equity Partners II
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~AGENDA REPOR1
CITY OF POW A Y
; This report. is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
fA,
INITIATED BY: John D. Fitch, Assistant City Manager~)1
DATE:
December 17, 1991
SUBJECT: Annual Review of Development Agreement with
McMillin Equity Partners II
ABSTRACT
California Government Code section 65865.1 requires that the City
Council annually review compliance with the terms of Development -
Agreements that have been entered into with developers. It is
recommended that the City Council find that McMillin Equity
Partners II has complied with the terms of the Development
Agreement for the development of Rolling Hills Estates.
BACKGROUND
On May 14, 1991, the City of poway entered into a Development
Agreement with McMillin Equity Partners II to provide for the
development of Rolling Hills Estates within the South poway
Community Plan Area. The requisite periodic review of complia~ce
under the Development Agreement must take place prior to the
calendar year-end each year hereafter.
FINDINGS
Attached is a letter from the developer which accurately
describes the progress that has been made to date. Staff has
determined that the work accomplished under the Development
Agreement is in compliance with the provisions of the South Poway
Community Plan and the Development Agreement.
ACTION:
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Agenda Report
December 17, 1991
Page 2
FISCAL IMPACT
None.
RECOMMENDATION
It is recommended that the city council find that McMillin Equity
Partners II has demonstrated good faith compliance with the terms
of the Development Agreement entered into on May 14, 199L
JLB:JDF
Attachments:
L Letter from McMillin Communities, Inc.
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;nn HuO'/(,( ^venue
(J.O. Ro~ 90;6
N.:l!IOlldl City, CA 91951
(61~i4I14111
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..\\ Mc;..lillill Communities
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December 5, 1991
Mr. John Fitch
Assistant City Manager
City of Poway
P.O. Box 789
Poway, CA 92074
Subject: Annual Review of the Development Agreement By and Between McMillin -
Equity Partners 11 and The City of Poway.
Dear John:
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Enelosed Is a brief description of the progr(lSs made by McMillin EquIty Partners 11
(MEPII) under that certain Development Agreement dated June 13, 1991 (the Agreement)
regarding property known as Poway 135 generally located at the southwesterly corner
of the South Poway Parkway and Pomerado Road. The progress described below provides
evidence of MEl'll's good faith compliance with the Agreement.
1. Assignment of Improvement Plans for the South Poway Parkway
improvements was provided to the City of Poway by MEPlI.
2. A License Agreement by and among ME!'II, the City of Poway and the
Poway Development Agency was executed.
3. Fee title dedication of right-of-way for the South Poway Parkway was
delivered to the City of Poway along with a panial reconveyance of the
dedicated property.
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December 5, 1991
page 2
MEPlI is currently processing Improvement Plans and a Final Map rOl' Unit I according
to Resolution P-90-35. Ultimate approval of the Improvement Plans and Final Map
resulting In a Suhdivision Agreement and Record Map is expected in the first hal~ of
1992 subject to securing project financing.
This letter Is provided for information purposes only in accordance with Section 5.5 of
the Agreement. It is not intended to extend or modify MEPlI's obligation under the
Agreement.
Your assistance and cooperation in this matter is appreciated. If you have any
questions, or if you need more information, please caU.
Very truly yours,
McMILLIN COMMUNITIES, INC.
for
McMILLIN EQUITY PARTNERS II
.O~
JO:mm
cc: Mr. Pat McMillin
Ms. Cindy Eldred, esq.
Mr. James Dawe, esq.
l-JO_JF.COP
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