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 CITY COUNCIL AGENDA ITEM NO. 13



Meeting Date: September 24, 2002

Subject/Title: Approving a Reimbursement Agreement with Lone Tree Partners Concerning Subdivision Map No. 8281 

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

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Approve a Resolution approving a Reimbursement Agreement with Lone Tree Partners, concerning Subdivision Map No. 8281 improvements that will contain supplemental width, length, size and capacity. 

PREVIOUS ACTION
On July 17, 2001, by Planning Commission Resolution No. 01-22, the Planning Commission approved Subdivision Map No. 8281, with conditions.

On September 18, 2001, by Resolution No. 2365, the City Council denied the appeal of Subdivision Map No. 8281, and upheld the Planning Commission’s ruling.

On October 23, 2001, by Ordinance 691, the City Council approved the Development Standards relating to Subdivision Map No. 8281.

BACKGROUND
Lone Tree Partners is currently the property owner of land proposed for the subdivision pursuant to Tentative Subdivision Map No. 8281 (“Property”). As the fee owner of the recently approved Property, this residential subdivision, located in the City’s Northwest Quadrant, the Developer was conditioned to construct various public improvements and some of those public improvements contain supplemental width, size, length, and capacity.

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, the realignment of Fairview Avenue near its intersection with Lone Tree Way and other related public improvements as more fully described in “Exhibit A” of the Reimbursement Agreement (collectively, “Improvements”), which will benefit other properties throughout the City. The Improvements will contain supplemental width, length, size and capacity in excess of the demand generated by the Property that can also 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, the Developer 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, related primarily to Fairview Avenue realignment, and its related items is approximately $1,397,925 (plus a 10% contingency). 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. The Developer has requested that they be allowed to assign the Reimbursement Agreement to Brentwood Partners LLC without City Council approval as Lone Tree Partners already has interest in the development of the Brentwood Partners LLC property, as its owner. 

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 LONE TREE PARTNERS, CONCERNING PUBLIC IMPROVEMENTS FOR SUBDIVISION MAP NO. 8281. 


WHEREAS, Lone Tree Partners (collectively “Developer”) are a fee owner of the recently approved residential subdivision, located in the City’s Northwest Quadrant area; and 

WHEREAS, various off-site public improvements are required to be constructed by Lone Tree Partners, as a condition of approval of its subdivision that exceeds the current public infrastructure capabilities; and

WHEREAS, the Developer is required to construct certain needed public improvements for the property, including, but not limited to, the realignment of Fairview Avenue near its intersection with Lone Tree Way and related public improvements (“Improvements”) that will benefit the property within the tentative subdivision boundaries, 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, the Developer 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 Reimbursement Agreement for approximately $1,397,925 with the Developer.

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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