City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 10
Meeting Date: November 28, 2000

Subject/Title: Subdivision Improvement Agreement Amendment, Subdivision 8221

Submitted by: Engineering: John Stevenson/City Attorney: Dennis Beougher

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve the amendment to the Subdivision Improvement Agreement to include the Chestnut Street soundwall including approximately 765 linear feet of wall along the south side of Chestnut Street.

PREVIOUS ACTION
Final Map 8221 went before Council on June 27, 2000 and was approved. 

BACKGROUND
In the original Garin Ranch specific plan, Chestnut Street was designed to be a cul-de-sac west of Garin Ranch Parkway and the City obtained the required right-of-way in order to construct this street as a cul-de-sac. In reviewing the surrounding development plans (Yamanaka and Sciortino properties), the Fire District and Police Department directed/required this to be a through street instead of a cul-de-sac to provide adequate emergency response to the area. Due to this reconfiguration of Oak Street and Chestnut Street alignments to allow for better emergency response, the construction of a soundwall is required to mitigate traffic impacts on the Garin Ranch community. The original conditions of approval associated with Final Map 8221 state that the Subdivider will construct, install, and complete certain public improvements as part of Subdivider responsibilities related to City’s approval of Garin Ranch, which includes subdivision 8221. The City has determined that certain public improvements related to a soundwall adjacent to Chestnut Street right of way needs to be constructed in order to mitigate impacts from the Garin Ranch subdivision.

Funding of the soundwall will be with Roadway Fee Credits.

Attachments:
Site Map
Subdivision Improvement Agreement Amendment


AMENDMENT NO. 1
TO
CITY OF BRENTWOOD SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 8221


THIS AMENDMENT NO. 1 is entered into on November 28, 2000 by and between CITY OF BRENTWOOD (“City”) and SIGNATURE PROPERTIES (“Subdivider”).

WHEREAS, on June 27, 2000, the City and Subdivider executed an agreement to construct, install, and complete certain public improvements as part of Subdivider responsibilities related to City’s approval of Garin Ranch, which includes Subdivision No. 8221, and as required by the City of Brentwood Municipal Code and conditions of approval;

WHEREAS, the City has determined that certain public improvements related to a soundwall adjacent to Chestnut Street right-of-way needs to be constructed in order to mitigate impacts from Garin Ranch subdivision;

WHEREAS, the City agrees to pay Subdivider for the Chestnut Street soundwall from City of Brentwood Roadway Fee credits; 

NOW, THEREFORE, IT IS AGREED as follows:

1. The first paragraph of Section 2 of the original agreement entitled Improvements shall be amended as follows:

IMPROVEMENTS. Subdivider shall construct, install and complete road and street improvements, drainage, sanitary sewer and water systems, street signs, fire hydrants and utilities, soundwall, fiber optic conduit systems, and all improvements on and off-site as required by the City of Brentwood Municipal Code and conditions of approval, and all improvements required by the improvement plans of this subdivision as reviewed and on file in the City’s Engineering Department and as required by the City Engineer, including improvement plans for the Chestnut Street soundwall. City shall pay Subdivider for soundwall improvements adjacent to Chestnut Street with Roadway Fee credits.”

(A) Chestnut Street Soundwall: The "work" defined in Section 2, above, shall also include the design, construction, installation and completion of a new soundwall of approximately 765 linear feet along the South side of Chestnut Street at the rear lot lines of lots 11 through 21 of Subdivision 8010 (the "Soundwall"). Subdivider shall prepare improvement plans for the Soundwall, which improvement plans shall be submitted to the City's Engineering Department and City Engineer for review and approval. Subdivider shall construct the Soundwall pursuant to the approved plans. The parties acknowledge that this work shall include the demolition and disposal of the existing wood fence located within the work area (the "Existing Fence"). Notwithstanding the provisions set forth in Section 8, below, to the contrary, the City shall reimburse Subdivider for the following costs:

a. One hundred percent (100%) of the third party costs incurred in association with the following (collectively, the "Improvement Costs"):

i. demolition and disposal of the Existing Fence;
ii. design of the Soundwall improvement plans; and
iii. materials and labor purchased and hired for the construction of the Soundwall.

b. Total overhead and profit equal to fifteen percent (15%) of the Improvement Costs ("Overhead").

Upon completion of the Soundwall, Subdivider shall submit to the City an accounting of the Improvement Costs, which accounting shall be accompanied by copies of contracts, invoices and checks (the "Accounting"). The City shall review and approve or disapprove of the Accounting within thirty (30) days after the receipt thereof. In the event the City fails to approve or disapprove of the Accounting within the aforementioned thirty (30) day time frame, the City shall be deemed to have approved of the Accounting. In the event the City disapproves of the Accounting, the City shall state with specificity in writing the reasons for the disapproval.

Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by binding arbitration, in Contra Costa County administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Attorney fees and related costs of the arbitration will be awarded to the prevailing party. Judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The reimbursement of the Improvement Costs and Overhead shall be paid with Roadway Fee Credits ("Credits"). Subdivider shall be entitled to take a credit of one hundred percent (100%) of Roadway Fees associated with any building permit pulled for a residence within the Garin Ranch Subdivision until Subdivider has received a full reimbursement for the Improvement Costs and Overhead. Subdivider's right to take the Road Fee credit shall commence immediately after the approval or deemed approval of the Accounting.

2. All other terms of the original agreement shall remain unchanged.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov