In Re SCCC Associates II Ltd. Partnership

OPINION

JAMES R. GRUBE, Bankruptcy Judge.

I. INTRODUCTION.

Before the court is the motion for summary judgment by the City of Santa Clara (the “City”) and Redevelopment Agency for the City of Santa Clara (the “Agency”) and the counter-motion for summary judgment by SCCC Associates II Limited Partnership (the “Debtor”). The motions concern, among others, the following issue:

Whether the agreement between the Agency and Debtor entitled “Trade Center Ground Lease” is a true lease subject to § 365 of Title 11 of the United States Code or a disguised security interest not subject to § 365? 1

The court…