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 CITY COUNCIL AGENDA ITEM NO. 10



Meeting Date: September 24, 2002

Subject/Title: Approving a Reimbursement Agreement with Brentwood Partners, LLC Concerning Subdivision Map No. 8617 

Submitted by: Engineering: B. Grewal/P. Eldredge

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Approve a Resolution approving a Reimbursement Agreement with Brentwood Partners, LLC, concerning Subdivision Map No. 8617 improvements that will contain supplemental width, length, size and capacity. 

PREVIOUS ACTION
On February 5, 2002, by Planning Commission Resolution No. 02-05, the Planning Commission approved Tentative Subdivision Map No. 8617, with conditions.

On May 28, 2002, by Resolution No. 2564, the City Council denied the appeal on Design Review 01-32 and approved the construction of a 179,500 sq. ft. shopping center relating to Subdivision Map No. 8617.

BACKGROUND
The developer of Subdivision Map No. 8617, Brentwood Partners, LLC, is a fee owner of the recently approved commercial development that included the Winco Store located in the City’s Northwest Quadrant. Various public improvements are required to be constructed by Brentwood Partners, as a condition of approval of its new development that exceeds the current public infrastructure capabilities. City and Developer acknowledge that Developer will likely use the same general contractor for its private on site construction as for the required off-site and over sizing public improvements. A separate accounting will be completed to separate the over sizing and public improvements from the private on site improvements. 

In connection with the development of the Property, Developer is required to construct certain needed public improvements for the property, including, but not limited to, a portion of Lone Tree Way and other related public improvements as more fully described in Exhibit A of the Reimbursement Agreement (collectively, “Improvements”) that will benefit the Brentwood Partners’ property and other properties throughout the City. The improvements will contain supplemental width, length, size and capacity relative to the demand generated by the property that can be used by other anticipated development throughout the City. Pursuant to the Subdivision Map Act (Government Code section 66410, et seq.), Brentwood Municipal Code Chapter §16.120 and the Brentwood Development Fee Program, Brentwood Partners has requested and is entitled to reimbursement for that portion of the costs of the construction of the Improvements, including amounts attributable to interest and administration costs (“Reimbursable Costs”). City agrees to administer the reimbursement of costs to Developer from other benefited property, as set forth in the Reimbursement Agreement.

The City has already contracted for the design of the improvements and obtained all environmental permits, rights of entry and right of ways, and has established a reasonable schedule for completion of these items to prevent project delays or possible project cost overruns. Developer has agreed to manage the construction of the improvements and establish a reasonable schedule for the construction in consultation with the City.

A bid from at least three general contractors was obtained. The lowest bid for the supplemental oversized portion of the construction costs for the improvements and other related items are approximately $6,200,000. The City has reviewed the bid costs and recommends the approval, as reviewed and approved by the City Engineer. Construction management costs, preliminary administration and engineering costs and interest carrying costs shall also be reimbursed, as set forth in Exhibit A of the Reimbursement Agreement. 

FISCAL IMPACT
The Reimbursement Agreement will be funded from development fees from the Brentwood Partners’ development and money generated from the sale of bonds from $16,585,000 Brentwood Infrastructure Financing Authority CIFP 2002-1 Infrastructure Revenue Bonds. 


Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH BRENTWOOD PARTNERS, LLC, CONCERNING PUBLIC IMPROVEMENTS FOR SUBDIVISION MAP NO. 8617. 


WHEREAS, Brentwood Partners, LLC is a fee owner of the recently approved commercial development that included the Winco Store located in the Northwest Quadrant area; and 

WHEREAS, various public improvements are required to be constructed by Brentwood Partners, as a condition of approval of its new development that exceeds the current public infrastructure capabilities; and

WHEREAS, a separate accounting will be completed to separate the over sizing and public improvements from the private on site improvements; and

WHEREAS, Brentwood Partners, LLC, is required to construct certain needed public improvements for the property, including, but not limited to, a portion of Lone Tree Way and other related public improvements that will benefit Brentwood Partners as well as other properties throughout the City; and

WHEREAS, the improvements will contain supplemental width, length, size and capacity relative to the demand generated by the property that can be used by other anticipated development throughout the City; and

WHEREAS, pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.), Brentwood Municipal Code Chapter §16.120 and the Brentwood Development Fee Program, Brentwood Partners has requested and is entitled to reimbursement for that portion of the costs of the construction of the improvements, including amounts attributable to interest and administration costs (“Reimbursable Costs”).

NOW, THEREFORE BE IT RESOLVED that the City Council approves the Reimbursement Agreement, attached hereto as Exhibit A, and authorizes the City Manager to execute the Agreement for approximately $6,200,000 with Brentwood Partners, LLC.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24h day of September 2002 by the following vote:
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