CITY COUNCIL AGENDA ITEM NO. 14
Meeting Date: May 8, 2001
Subject/Title: Authorize the City Manager to Execute Documents Amending Brentwood Centerís Covenants, Conditions and Restrictions and Grant of Easements.
Submitted by: Howard Sword, Economic Development Manager
Approved by: Jon Elam, City Manager
Authorize the City Manager to Execute Documents Amending Brentwood Centerís Covenants, Conditions and Restrictions (CC&Rs) and Grant of Easements.
The City of Brentwood became a party to Brentwood Centerís CC&Rs when the vacated Luckys Grocery Store was purchased. Sand Creek Business Center (SCBC) is an approved 140,000 square foot office / flex-tech project that is directly west of Brentwood Center. The property on which SCBC is located was, in fact, envisioned as Phase II of the Brentwood Center and is thus included as a party to its CC&Rs. Brentwood Centerís CC&Rs are archaic and are not responsive to its current needs much less the needs of SCBC.
SCBC is requesting to be removed from Brentwood Centerís CC&Rs so that they can create CC&Rs that are responsive to that projectís needs. They also wish to create cross circulation easements over both Centers to address traffic movement between sites. SCBC in consideration of execution of the necessary documents has offered the following concessions:
Prepared accurate engineering documents describing the Brentwood Center. These documents were not previously available.
Sell the City of Brentwood for $1.00 the strip of property directly to the north that accesses Brentwood Boulevard. We need that property to adequately park
Pay up to $5,000 for the creation of modern and effective CC&Rs for Brentwood Center if the property owners in the Center can come to internal agreement.
Pay two ninths (2/9ths) of actual paving costs associated with refurbishing the parking lot within the next five years if the Center is not able to find another funding source.
The following documents need to be executed:
Agreement to Amend.
Third Amendment to Indenture of Establishment of Protective Covenants, Conditions, and Restrictions and Grants of Easement.
Quitclaim Deed for Easements on Lots 1 through 7.
Quitclaim Deed for Easements on Lots 8 and 9.
Easement Deed Over Lots 1 through 7.
Easement Deed Over Lots 8 and 9.