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 CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: October 9, 2001

Subject/Title: Consider a Time Extension of the Jeffry Development Agreement.

Submitted by: Howard Sword, Economic Development Director

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Consider an eight-month Time Extension the Jeffry Development Agreement.

PREVIOUS ACTION
Continued from September 25, 2001 City Council meeting.

Extend the time requirement in Section 2.8 of the Jeffry Development Agreement to the date certain of August 31, 2001.

Extend the time requirement in Section 2.8 of the Jeffry Development Agreement to the date certain of March 1, 2001.


Kaufman and Broad and the City of Brentwood entered into a Development Agreement dated May 25, 1999 that detailed the provisions of the collection and disposition of $588,000 in PEC Mitigation fees. The Gerald J. Jeffry D.D.S. Inc. Profit Sharing Plan and the Gerald Jeffry Family Limited Partnership (Jeffry) and the City of Brentwood entered into a Development Agreement dated March 14, 2000 that implemented Option D of the Kaufman and Broad / City Development Agreement.

BACKGROUND

Please find attached correspondence from Strauss Design Group (SDG) dated August 8, 2001 and from Howard Sword dated September 17, 2001. SDG, acting as Dr. Jeffry’s agent, has requested that the time to obtain a building permit as required by the Development Agreement be extended by eight months. The project did obtain a grading permit on August 31, 2001 which was the previous time extension’s deadline.

Staff does not understand why an eight-month extension to obtain a building permit should be necessary at this time. SDG’s correspondence indicates a twelve-week delay for Structural Steel Engineering drawings from 8/8/01. This should provide the necessary information by 11/8/01. A three-month extension would terminate at 11/30/01. But perhaps this is not the pertinent issue.

The City’s primary objective is to have the project built as soon as possible. The project has the necessary construction documents and permits to commence substantial and significant underground and on-site grading and paving operations in the near future. This procedure would stabilize the site so that the building could be erected as soon as possible without significant impact from rain.

The City Council may wish to consider a time extension that specifies a relatively short time limit for the commencement of underground and on-site grading and paving construction and a realistic but aggressive time limit for obtaining the building permit.

FISCAL IMPACT
None.

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