TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
1. Subject
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Agreements between the City and Milan REI X, LLC to extend certain statutes of limitation to further evaluate non-residential uses for the “Brandman site” and the “Creekside Village site.”
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2. Summary
In order to further evaluate non-residential uses for the “Brandman site” and the “Creekside Village site”, including, but not limited to, recreational and sport uses, educational institution uses, acquisition by the City or a third party, or other paths for non-residential uses, the City and Milan REI X, LLC, seek to extend relevant statutes of limitation to file applications and/or lawsuits regarding development applications for the two sites.
3. Recommended Action
recommendation
1. Approve the Agreements with Milan REI X, LLC to extend statutes of limitation in order to further evaluate non-residential uses for the Brandman and Creekside Village sites, including, but not limited to, recreational and sport uses, educational institution uses, acquisition by the City or a third party, or other paths to keep these two sites open space.
2. Create an ad hoc committee of three or less council members to explore non-residential uses for the two sites.
3. Delegate authority to the City Manager, with the concurrence of the City Attorney, to execute or terminate one or both of the Agreements.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 2: Be a Fiscally Healthy Community
d. Effectively manage and develop City assets.
e. Create an environment to attract, retain and expand economic opportunities.
6. Discussion and Background
Milan REI X, LLC (Milan) owns the real property at 6146 Santiago Canyon Road (the “Brandman site”) and the real property located along Santiago Canyon Road with the Assessor’s parcel numbers of 370-011-08, 370-041-12, 370-011-18, 370-011-22, 370-041-25, 093-280-07, 093-280-27, 093-280-29, 093-280-30, and 093-280-07 (the “Creekside Village site”) to be henceforth referred to as “Sites”.
The City and Milan (Parties) currently have different interpretations of relevant state law, in part, concerning the processing of the applications, including the scope of the materials Milan must provide to the City and the City’s duty to process and approve the proposed development projects.
The Parties wish to have time to further evaluate non-residential uses for the Sites, including, but not limited to, recreational and sport uses, educational institution uses, acquisition by the City or a third party, or other paths for non-residential uses that may be acceptable to both Parties. In the absence of the time provided by this Agreement, the Parties (and in particular, Milan) may be forced to seek relief through the courts. The Parties believe it is in their best interests to avoid the time, expense, and risk of such litigation for the period identified by these Agreements.
7. ATTACHMENTS
• Tolling Agreement with Milan REI X, LLC (Brandman site)
• Tolling Agreement with Milan REI X, LLC (Creekside Village site)