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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: May 11, 2004

Subject/Title: Reimbursement Agreement with Western Pacific Housing Inc., a Delaware Corporation, Subdivision No. 8413, for costs associated with off-site right-of-way dedication for Master Plan Facility Improvements.

Prepared by: Engineering: L. Vargas

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving a Reimbursement Agreement with Western Pacific Housing Inc. a Delaware corporation, Subdivision No. 8413, located on the north side of Oak Street and west of Garin Parkway for costs associated with acquiring off-site right-of-way for Master Plan Facility Improvements.

PREVIOUS ACTION
On April 12, 1994, City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements.

On May 24, 2001, Planning Commission adopted Planning Commission Resolution No. 01-37, which approved Tentative Subdivision Map No. 8413, with conditions.

BACKGROUND
This Subdivision Map No. 8413 is located on the north side of Oak Street and west of Garin Parkway. The Conditions of Approval for Tentative Subdivision Map No. 8413 required the Developer to acquire off-site right-of-way necessary to construct Master Plan Facility Improvements. Master Plan Facility Improvements are those improvements that have been identified in the Master Infrastructure element of the General Plan. The Subdivision Map Act requires that the City enter into a reimbursement agreement when requiring the developer to acquire off-site right-of-way or construct improvements that are off-site or have excess capacity.

The Master Plan Improvement that qualifies for reimbursement in this agreement is the acquisition of off-site right-of-way for the future extension of Sycamore Avenue to Sellers Avenue. The Developer purchased land necessary to construct this extension from the McLeod family and dedicated the land to the City of Brentwood. The Developer is currently unable to construct these improvements due to a lack of approval from some of the agencies that hold easements that go across the planned road layout.

FISCAL IMPACT
The Developer paid full roadway fees at building permit while waiting for this agreement to be finalized and will be given a cash reimbursement if approved.

Attachments:
Resolution
Reimbursement Agreement with Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH WESTERN PACIFIC HOUSING INC., A DELAWARE CORPORATION, SUBDIVISION NO. 8413, FOR COSTS ASSOCIATED WITH OFF-SITE RIGHT-OF-WAY ACQUISITION AND DEDICATION FOR MASTER PLAN FACILITY IMPROVEMENTS.

WHEREAS, on April 12, 1994, City Council adopted Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, on May 24, 2001, Planning Commission adopted Planning Commission Resolution No. 01-36, which required the Developers of Tentative Subdivision Map No. 8413 to acquire and dedicate off-site right-of-way for Master Plan Facility Improvements; and

WHEREAS, certain Master Plan Facility Improvements and excess or off-site right-of-way are reimbursable under the City of Brentwood Master Plan Facility Fee Program; and

WHEREAS, the Developer has acquired and dedicated the off-site right-of-way eligible for reimbursement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve a Reimbursement Agreement with Western Pacific Housing Inc., a Delaware Corporation for costs associated with off-site right-of-way acquired and dedicated in conjunction with Subdivision No. 8413, as shown on the Reimbursement Agreement Site Map.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of May, 2004 by the following vote:

REIMBURSEMENT AGREEMENT
BRENTWOOD MASTER PLANNED FACILITIES
WESTERN PACIFIC HOUSING INC., A DELAWARE CORPORATION
SUBDIVISION NO. 8413

1. PARTIES AND DATE

This Agreement is made this 11th day of May, 2004 by and between the City of Brentwood, California, a Municipal Corporation (“City") and Western Pacific Housing Inc., a Delaware corporation ("Developer").

2. RECITALS

2.1 The Developer owns or has legal interest in certain real property, Subdivision No. 8413, consisting of approximately 29.64 acres, located on the north side of Oak Street west of Garin Parkway ("Developer's Property") included within the original Tentative Subdivision Map No. 8413 described in Exhibit "A" attached hereto containing

2.2 As a condition to the development of Developer's Property, City required Developer to acquire and dedicate off-site right-of-way for the purpose of construction of Master Plan Roadway Improvements (“Improvements”). The Master Plan Improvements are identified in the CITY OF BRENTWOOD 2004 DEVELOPMENT FEE PROGRAM dated February 10, 2004. Developer has acquired and dedicated the off-site right-of-way needed to construct Master Plan Roadway Improvements. This reimbursement agreement is for the costs associated with the acquisition of the off-site right-of-way only.

2.3 Developer is willing to advance the costs of acquiring and dedicating such right-of-way subject to facility fee credits and/or cash payment.

2.4 City has found that this Agreement is in accordance with the requirements of Sections 16.130.030 and 16.130.040 of the Code and California Government Code Sections 66485 through 66489.

3. TERMS

3.1 Dedication of right–of-way. Developer has acquired and dedicated the off-site right-of-way for acceptance within the time period set forth in the Conditions of Approval for Subdivision Map No. 8413. City has accepted the dedication of the off-site right-of-way.

3.2 Source and Method of Reimbursement. City shall reimburse Developer in the form of facility fee credits and/or cash payment for the costs associated with the acquisition and dedication of off-site right-of-way for the future extension of Sycamore Avenue easterly to Sellers Avenue, the McLeod property indicated in Exhibit “B” “Reimbursable Improvements”. The total reimbursable amount is indicated in Exhibit “C” "Reimbursement Calculation" attached hereto

3.3 Maximum Reimbursement. The total amount of the reimbursement obligation over the life of this Agreement for the right-of-way described in Exhibit "B" was determined by the purchase agreement as allowed for in the 2004 Development Fee Program. The parties acknowledge and agree that the total reimbursement under this Agreement is ONE HUNDRED SEVEN THOUSAND DOLLARS AND NO CENTS ($107,000.00).

3.4 Areas and Quantities. The areas and quantities used to develop this reimbursement agreement for right-of-way costs are the actual areas dedicated.

3.5 Notice. Any notices required or desired to be sent pursuant to this agreement shall be addressed as follows:

CITY: DEVELOPER:
City Manager Western Pacific Housing, Inc. a Delaware
City of Brentwood Corporation
150 City Park Way 1210 Central Boulevard
Brentwood, CA 94513 Brentwood CA 94513

3.6 Attorney's Fees. In the event, any action is commenced to enforce or interpret any term or condition of this agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorney's fees. Jurisdiction over the authority in any dispute shall be maintained in Contra Costa County.

3.7 Entire Agreement. This agreement contains the entire agreement of the parties hereto with respect to the matters contained herein.

3.8 Assignment. This agreement shall not be assigned without the written consent of
the parties hereto, and any assignment without such written consent shall be void and ineffective. The written notice shall become effective within thirty days upon delivery to the City, provided that the City shall not be responsible for any misdirected written notices under this section.

CITY OF BRENTWOOD DEVELOPER: WESTERN PACIFIC HOUSING, INC

BY: BY: _______________________________ Name Title

ATTEST:

BY: ___________________________
Karen Diaz, CMC, City Clerk

EXHIBIT "A"
"DEVELOPER'S PROPERTY"
WESTERN PACIFIC HOUSING, INC.
A DELAWARE CORPORATION
SUBDIVISION NO. 8413

INSERT MAP

EXHIBIT “B”
REIMBURSABLE IMPROVEMENTS
WESTERN PACIFIC HOUSING, INC.
A DELAWARE CORPORATION
SUBDIVISION NO. 8413

Roadway Facilities

Right-of-way dedicated for future extension of Sycamore Avenue

EXHIBIT “C”
REIMBURSABLE IMPROVEMENTS CALCULATIONS
WESTERN PACIFIC HOUSING, INC.
A DELAWARE CORPORATION
SUBDIVISION NO. 8413

Roadway Facilities

Right-of-way for future extension of Sycamore Avenue
price based on purchase documents
50’ width @ 1.91 acres $107,000.00

TOTAL ROADWAY REIMBURSEMENTS $107,000.00
 

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