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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: January 23, 2001

Subject/Title: Amendment to Reimbursement Agreement with Ryder Companies for Subdivision 7844

Submitted by: Engineering: J. Stevenson/L. Vargas
Finance: P. Ehler

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve a Resolution amending Exhibit ‘C’ of the original Reimbursement Agreement with Ryder Companies for costs associated with Master Plan Facility improvements.

PREVIOUS ACTION
On November 23, 1999, the City Council passed Resolution No. 99-238, which established a reimbursement agreement with Ryder Companies for Master Plan Facility Roadway Improvements, which included the intersection of Balfour Road and Sellers Avenue.

BACKGROUND
When Ryder Companies began to construct the required infrastructure at the intersection of Balfour Road and Sellers Avenue, a field investigation by the Senior Public Works Inspector and City Engineer determined additional roadwork was required to bring this intersection up to the City's minimum street design standards. The Subdivision Map Act requires the City to enter into a Reimbursement Agreement when requiring a developer to construct improvements with capacity in excess of the needs of its development. Ryder Companies first submitted a total cost of $67,940.96 for this additional work. After meeting with the City Engineer to discuss this matter, a credit of $16,843.56 was agreed upon for work that was covered under the previous reimbursement agreement. The balance ($51,097.40) will be paid out in fee credits over the total of building permits for Ryder Companies’ next development. Ryder Companies sold Subdivision 7844 to Shea Homes on January 7, 2000. Included in their agreement were the original fee credits, which were assigned to Shea Homes. All landscaping and interior improvements were assigned to Shea Homes. Ryder Companies retained responsibility for completing the construction of the Master Plan Facilities and is entitled to the additional fee credits.

Attachments:
Resolution
Ryder Companies Letter and Cost Schedule
Amended Reimbursement Agreement Exhibit ‘C’
Site Map Exhibit ‘A’

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH RYDER COMPANIES FOR SUBDIVISION 7844 FOR COSTS ASSOCIATED WITH ADDITIONAL MASTER PLAN FACILITY IMPROVEMENTS BY AMENDING EXHIBIT ‘C’


WHEREAS, in November 1999 the City Council of the City of Brentwood adopted Resolution No. 99-238 approving a Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, the City Engineer and the Senior Public Works Inspector determined that additional construction was needed to bring the intersection up to minimum City standards; and

WHEREAS, certain Master Plan Facility Improvements are reimbursable under the City of Brentwood Master Plan Facility Fee Program; and

WHEREAS, the developer will construct the additional improvements eligible for reimbursement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve an amendment to the Reimbursement Agreement with Ryder Companies for additional roadway Master Plan Improvements to be constructed in conjunction with Subdivision 7844; by amending Exhibit ‘C’ as attached hereto.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of January 2001 by the following vote:

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