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HomeMy WebLinkAbout10-081 CC Resolution RESOLUTION NO. 10-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661-3 AND 29661-4 WITHIN THE RORIPAUGH RANCH PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "Fifth Operating Memorandum to the Recorded Development Agreement Between City of Temecula and Ashby USA LLC" with such changes in said document as may be mutually agreed upon by the parties, the City manager and City Attorney as are in substantial conformance with the form of such agreement as presented to the City Council. The Mayor is hereby authorized to execute said Fifth Operating Memorandum on behalf of the City. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Fifth Operating Memorandum and to administer the City's obligations, responsibilities and duties to be performed under the Agreement. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9 th day of November, 2010. Jeff Comerchero, Mayor ATTEST: Susan . Jon s, MMC ' CI k [SEAL] R:/Resos 2010/Resos 10-81 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10-81 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9 th day of November, 2010, by the following vote: AYES: 4 COUNCIL MEMBERS: Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Edwards ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk R:/Resos 2010/Resos 10-81 2