CITY COUNCIL AGENDA ITEM
Meeting Date: August 26, 2003
Subject/Title: Approve a Resolution approving a Reimbursement Agreement with
Brentwood Union School District for Amber Lane Improvements
Submitted by: Engineering: B. Grewal/P. Eldredge
Approved by: John Stevenson, City Manager
Approve a Resolution approving a Reimbursement Agreement with Brentwood
Union School District (“School District”) concerning public improvements
along the School District’s Amber Lane frontage.
The School District is the property owner of land along Amber Lane. As the
fee owner of the property that fronts Amber Lane, the School District has
agreed to pay for the public improvements along its Amber Lane frontage.
Mission Peak, as part of its conditions of approval, is required to
construct this segment of Amber Lane due to need for public safety by
providing increased public access for this 177 lot residential subdivision.
Mission Peak as part of its Subdivision Agreement agreed to construct the
off-site public improvements related to Amber Lane. The City and School
District are proposing the attached agreement to address the need for the
cost of Amber Lane improvements along the School District’s Amber Lane
In connection with the development of School District property, School
District would be required to construct certain needed public improvements
along its Amber Lane frontage, including, but not limited to, Amber Lane
frontage and other related public improvements as more fully described in
Exhibit “A” of the Reimbursement Agreement (collectively, “Improvements”).
The Improvements will not contain supplemental width, length, size and
capacity in excess of the demand generated by the School District. As
Mission Peak will construct oversized improvements that will benefit the
School District, Mission Peak is entitled to, pursuant to the Subdivision
Map Act (Government Code section 66410, et seq.), Brentwood Municipal Code
Chapter §16.120 and the Brentwood Development Fee Program, reimbursement for
that portion of the costs of the construction of the Improvements, including
amounts attributable to interest and administration costs. City agrees to
administer the reimbursement of costs from the School District, a benefited
property owner, as set forth in the conditions of approval for Mission
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. Mission Peak has
agreed to the conditions of approval and has also agreed to manage the
construction of the Improvements and establish a reasonable schedule for the
construction with the City.
The City has reviewed the cost estimates and recommends the approval, as
reviewed and approved by the City Engineer, of construction management
costs, preliminary administration and engineering costs and interest
The Reimbursement Agreement for the public improvements along the School
District’s Amber Lane frontage will be funded by the Brentwood Union School
District and then paid to Mission Peak as a reimbursement for its off-site
improvements due to over sizing and need for Amber Lane construction for
public safety reasons.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A
REIMBURSEMENT AGREEMENT WITH BRENTWOOD UNION SCHOOL DISTRICT FOR AMBER LANE
WHEREAS, the Brentwood Union School District (“School District”) is a fee
owner of real property, located in the City’s Northwest Quadrant area; that
has frontage on an unimproved Amber Lane that does not have needed public
sewer and water for its proposed elementary school on its site; and
WHEREAS, various off-site public improvements are required to be constructed
by Mission Peak, as a condition of approval of its subdivision that exceeds
the current public infrastructure requirements for its subdivision; and
WHEREAS, as Mission Peak is required to construct certain needed public
improvements for the property, including, but not limited to, Amber Lane and
related public improvements (“Improvements”) that will benefit the School
District property; and
WHEREAS, the Improvements will contain supplemental width, length, size and
capacity relative to the demand generated by the Mission Peak property that
can be used by the School District; 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, Mission Peak 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
NOW, THEREFORE BE IT RESOLVED that the City Council approves the
Reimbursement Agreement with the School District for its public improvements
along its Amber Lane frontage, attached hereto as Exhibit “A,” and
authorizes the City Manager to execute the Reimbursement Agreement for
approximately $637,890.00 with the School District.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26h day of August, 2003 by the following vote:
AGREEMENT FOR REIMBURSEMENT
FOR OFF-SITE IMPROVEMENTS
BY AND BETWEEN
BRENTWOOD UNION SCHOOL DISTRICT
CITY OF BRENTWOOD
THIS AGREEMENT is entered into this _____ day of _________________, 2003, by
and between the Brentwood Union School District (hereinafter “District”) of
Contra Costa County and the City of Brentwood (“City”).
R E C I T A L S
WHEREAS, District is a public school district organized and existing under
the laws of the State of California;
WHEREAS, City and District agree that it is in their mutual best interest to
provide for the timely design and construction of the roads and related
improvements for Amber Lane along District’s frontage to serve the Empire
WHEREAS, City and District agree that the construction of the roads and
related public improvements along District’s frontage, by City subject to a
right of reimbursement from District, in the manner provided below, is the
most efficient method of providing such facilities, economically and with
respect to timing.
WHEREAS, by entering into this Agreement, the parties wish to set forth
their understanding relating to the standards, timing, construction of the
roads and related improvements as well as reimbursement from the District to
City for actual costs incurred for constructing the Improvements.
NOW, THEREFORE, District and City agree as follows:
1.01: "Improvements" means those improvements set forth in Exhibit “A”
attached hereto and incorporated herein by this reference.
2. Provision of Improvements.
2.01: City’s Obligation to Construct Improvements and Seek Reimbursement.
The parties agree that it is in their mutual best interest to provide for
the timely construction of the roads and related public improvements along
District’s Amber Lane frontage (“Improvements”) to provide access and
service to the Empire School site to serve the residents of the District and
City. As a result, the parties agree that City shall commence the
construction of the Improvements and complete the same not later than July
1, 2004 and District shall reimburse City for actual costs incurred in
constructing the Improvements, up to the agreed upon cap set forth in
Paragraph 3.01 below.
2.02: Improvements to Be Constructed To Government Standards.
The parties understand and agree that City shall construct the Improvements
to any applicable governmental standard required by any agency having
jurisdiction over the project.
3. District’s Reimbursement Obligation.
3.01: Budget/Actual Costs Reimbursable:
The total estimated Budget for the design, engineering, and construction of
the Improvements is Six Hundred Thirty-Seven Thousand, Eight Hundred and
Ninety Dollars ($637,890.00), which has been approved by the District.
District shall reimburse City for the actual costs incurred by City in
constructing the Improvements, not to exceed $637,890.00;
3.02: Change Orders: In the event that District elects during the course of
the Improvement to include items not called for in Exhibit “A” or
contemplated by the approved Budget/Estimate of Cost, the cost of
constructing such additional improvements shall be borne by the District and
the maximum costs of Improvements as set forth in Paragraph 3.01 shall be
adjusted accordingly. In the event that circumstances beyond the control of
the District or City result in the need for a change order, which increases
the approved Budget/Estimate of Cost for the Improvements, then the parties
shall meet and confer in good faith as to how to allocate the costs that
exceed the approved Budget/Estimate of Cost set forth in Paragraph 3.01
3.03: Accounting of Costs: At such time as the construction of Improvements
are complete and accepted by City and the Notice of Completion has been
filed, City shall provide to District an itemized breakdown of the actual
costs incurred by City as part of such construction, which shall not exceed
$637,890.00 unless adjusted in accordance with the provisions of Paragraph
3.04: Timing of Reimbursement Payment.
District agrees to reimburse City as discussed herein for construction of
the Improvements within thirty (30) calendar days of submission of the
Accounting of Costs as set forth in Paragraph 3.03 above.
City shall indemnify, defend and save the District, its officers, agents and
employees harmless from any and all claims, damages, losses, causes of
action and demands, including reasonable attorney fees and costs, incurred
in connection with or in any manner arising out of any claim by any
individual or entity against District arising out of City’s design,
engineering and construction of the subject roads and related improvements.
City shall, at City’s own expense and risk defend any and all actions,
suits, or other legal proceeding that may be brought or instituted against
District, its officers, agents, and employees for any such claims, damages,
losses, demands, liabilities, costs or expenses.
5. Complete Agreement.
This Agreement supersedes any and all agreements, either oral or in writing,
between the parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party which is not
embodied herein or any other agreement, statement or promise not contained
in this Agreement shall be valid and binding.
6. Attorney Fees.
In the event of any action or proceeding brought by any party against any
other pursuant to this Agreement, the prevailing party shall be entitled to
recover all costs and expenses, including the actual fees of its attorneys,
including in-house counsel, incurred for prosecution, defense, consultation
or advice in such action or proceeding, not limited to but including costs
of expert witnesses, attorney preparation, court reporting fees, etc.
7. Binding Agreement.
Except as otherwise set forth herein, the terms and conditions of this
Agreement shall be binding upon the parties hereto and upon their successors
and assigns, and shall inure to the benefit of said parties and their
successors and assigns.
8. Invalid Term.
If any provision of this Agreement is declared or determined by any court of
competent jurisdiction to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining parts, terms and
provisions shall not be affected thereby and said illegal, unenforceable or
invalid part, term or provision will be deemed not to be a part of this
This Agreement may not be altered, amended or modified or changed in any
respect or particular whatsoever except by a writing duly executed by all
10. Representation of Comprehension of Document.
Each party has reviewed and revised, or had the opportunity to review and
revise this Agreement; accordingly, the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement or any
amendment of it.
11. Interpretation of Agreement.
The article, section and other headings of this Agreement are for
convenience of reference only and shall not be construed to affect the
meaning of any provision contained herein. Where the context so requires,
the use of the singular shall include the plural and vice versa and the use
of the masculine shall include the feminine and the neuter.
Each person executing this Agreement represents that the execution of this
Agreement has been duly authorized by the party on whose behalf the person
is executing the Agreement and that such person is authorized to execute the
Agreement on behalf of such party.
13. Work on District Property-Insurance.
To the extent City is required to perform work on District property as part
of City’s obligations hereunder, City shall coordinate such work with the
designated District representative and City, shall maintain, or require that
its contractors and subcontractors working on District property maintain
general liability insurance in the minimum amount of $1,000,000 with the
District named as an additional insured, with thirty (30) days
pre-cancellation notice to the District. The indemnification obligations set
forth in paragraph four (4) above apply to all construction related
activities including those conducted on District’s property.
14. Governing Law.
This Agreement is entered into in the State of California and shall be
construed and interpreted according to the laws of that state.
IN WITNESS WHEREOF, the District has caused this Agreement to be properly
executed and City has caused this Agreement to be properly executed, as of
the date hereinabove set forth.
BRENTWOOD UNION CITY OF BRENTWOOD
Dr. J. Douglas Adams Name:
Amber Lane (930’ Empire School site frontage):
Reimbursable improvements including, but not limited to, paving, curb,
gutter, sidewalk, sewer, water, joint trench, etc.