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Department of Transportation recommending the Board approve and authorize the Chair to sign Assignment, Assumption, & Consent Agreement 22-55017 between the County, Lennar Homes of California, Inc., and Lennar Homes of California, LLC due to a change in organizational structure.
FUNDING: Developer Funded.
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DISCUSSION / BACKGROUND
In February 2022, the Department of Transportation (Transportation) was notified that the developer Lennar Homes of California, Inc. (“Assignor”) changed its organizational structure and name to Lennar Homes of California, LLC (“Assignee”). After consultation with County Counsel, it was determined that an Assignment, Assumption, & Consent Agreement (AA&C Agreement) would be required to acknowledge and consent to the change in ownership, and to transfer the assumption of responsibility for the Assignor’s ongoing projects to the new limited liability company.
Transportation and the Assignor have entered into Subdivision Improvement Agreements (SIAs), each titled Agreement To Make Subdivision Improvements For Class 1 Subdivisions Between County and Owner, for the following active projects:
Agreement 17-54724: Carson Creek Unit 2A, Phase 1, TM 06-1428R
Agreement 17-54790: Carson Creek Unit 2A, Phase 2, TM 06-1428R
Agreement 18-54825: Hawk View - Unit 1, TM 00-1371-R/TM 00-1371-E
Agreement 18-54829: Hawk View - Unit 2, TM 00-1371-R/TM 00-1371-E
Agreement 18-54889: Carson Creek Unit 2B - Phase 1, TM 06-1428-R
Agreement 18-54890: Carson Creek Unit 2B - Phase 2, TM 06-1428
Section 26 of each SIA reads as follows: “Neither this Agreement, nor any part thereof may be assigned by Owner without the express written approval of County.” This proposed AA&C Agreement satisfies this requirement for each of the listed projects, by affirming the County’s approval of the transfer from the Assignor to the Assignee. Subsequent amendments to each individual SIA will also include language acknowledging the Assignor’s name...
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