Meeting Date: July 9, 2002
Subject/Title: Approve a Resolution accepting Heritage Park and Trail improvements constructed in conjunction with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc.
Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Janet Hansen, Park Planner
Ken DeSilva, Park Services Manager
Approved by: John E. Stevenson, City Manager
Approve a Resolution accepting Heritage Park and Trail improvements constructed in conjunction with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc. and direct the City Clerk to file a Notice of Completion with the County Recorder.
On October 10, 2000, the City Council of the City of Brentwood passed, approved and adopted Resolution No. 2171 approving a reimbursement agreement with Morrison Homes, Inc. for costs associated with master plan facility improvements.
On March 17, 1998 , the City of Brentwood Planning Commission approved Tentative Map 8069. As one of the conditions to the subdivision approval, the City required the Developer to design, construct, bond, finance and install a portion of off-site master plan trail improvements and to design Heritage Park.
Morrison Homes, Inc. agreed to construct the park subject to fee credits previously received and cash reimbursement by progress payment as indicated in Section 3.3 of the Reimbursement Agreement approved by City Council on October 10, 2000.
The Notice to Proceed was issued to Morrison Homes, Inc. by City staff on October 11, 2000, pursuant to Section 3.8 of the Reimbursement Agreement. Additionally, the Notice to Proceed included the date of completion, eight months from the issuance of the Notice to Proceed, in accordance with Section 3.1 of the Reimbursement Agreement.
The developer encountered numerous delays during construction. These various delays stretched the estimated eight month construction schedule to a twenty month construction period.
City staff has worked directly with the developer’s landscape contractor to insure all improvements are complete and all punch list items have been addressed. Due to the many delays during construction, staff is recommending acceptance at the end of sixty days of maintenance rather than ninety days. This action will allow the park to be opened and used by the surrounding residents prior to school being back in session.
SPA ‘L’ Park (Heritage Park) is identified in the City of Brentwood CIP Program under Developer Improvements. Total construction costs reimbursable to Morrison Homes, Inc. are $717,142.97.
Notice of Completion
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING HERITAGE PARK AND TRAIL IMPROVEMENTS CONSTRUCTED IN CONJUNCTION WITH SUBDIVISIONS 8069 AND 8225 AS PER AGREEMENT WITH MORRISON HOMES, INC., AND DIRECT THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.
WHEREAS, the City Council adopted Resolution No. 2171 approving a reimbursement agreement with Morrison Homes, Inc., for costs associated with master plan facility improvements on October 10, 2000; and
WHEREAS, the Notice to Proceed was issued to Morrison Homes, Inc. on October 11, 2000; and
WHEREAS, the work has been completed per the approved plans and revisions date stamped October 4, 2000, and is now ready for acceptance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the Heritage Park and Trail Improvements constructed in conjunction with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc., is hereby accepted.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to file a Notice of Completion with the County Recorder for the project.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 9th day of July 2002 by the following vote:
Michael A. McPoland, Sr.
Karen Diaz, CMC
RECORDING REQUESTED BY
CITY OF BRENTWOOD
WHEN RECORDED RETURN TO:
CITY OF BRENTWOOD
150 City Park Way
BRENTWOOD, CA 94513
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
THE CITY OF BRENTWOOD, a general law city, in the County of Contra Costa, State of California, did on October 10, 2000, enter into an agreement with Morrison Homes, Inc. to construct Heritage Park and Trail Improvements in conjunction with Subdivisions 8069 and 8225.
The work described in contract documents was to furnish all material, labor, and equipment necessary to complete said project.
On the 9th day of July 2002, said contract, as a whole was completed and the work was accepted by the City Council of the City of Brentwood.
I hereby certify under penalty of perjury that the facts set forth in the foregoing Notice of Completion are true and correct.
Executed at Brentwood, Contra Costa County, State of California, on ____________________.
Karen Diaz, City Clerk
City of Brentwood, California