City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: February 22, 2005

Subject/Title: Adopt a Resolution to approve Amendment No. 1 to the Reimbursement Agreement with Braddock & Logan Group II, L.P. Subdivision No. 8661, for costs associated with Master Plan Facility Improvements.

Prepared by: Engineering: L. Vargas

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving Amendment No. 1 to the Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661, located north of Central Boulevard and east of Fairview Avenue, behind the new Catholic Church, for costs associated with Master Plan Facility Improvements.

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

On December 17, 2002, Planning Commission adopted Planning Commission Resolution No. 02-84, which approved Tentative Subdivision Map No. 8661 with conditions.

On October 14, 2003, City Council adopted Resolution No. 2994, which approved a Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661 for costs associated with Master Plan Facility Improvements.

BACKGROUND
This Braddock & Logan Group II, L.P., Subdivision No. 8661, is located north of Central Boulevard and east of Fairview Avenue, behind the new Catholic Church. The Conditions of Approval for Tentative Subdivision Map No. 8661 required the Developer to make certain oversized and off-site Master Plan Facility Improvements. The Master Plan Roadway Improvements that qualified for reimbursement were excess right-of-way, over-sized and off-site roadway improvements along the new Catholic Church frontage on Fairview Avenue. The oversized roadway improvements on Central Boulevard along the frontage of the new Catholic Church and Subdivision No. 8661, including a portion of the traffic signal modifications at Fairview Avenue/Central Boulevard intersection. Off-site Central Boulevard improvements consisting of asphalt overlay on both sides of Central Boulevard, extending median, landscaping and irrigation to Peachwillow Drive. Off-site Fairview Avenue improvements consisting of an additional 5’ width of sidewalk on Fairview Avenue from the corner of Fairview Avenue/Central Boulevard going north along the project frontage, adding 5’ of sidewalk width along Mission Peak, Subdivision No. 6811 frontage to act as a trail connection to Deer Creek Trail. The Developer is also required to finish the widening of Fairview Avenue on the east side just north of Subdivision No. 6811, across from the Deer Creek detention basin, including pavement, landscape and irrigation.

Unfortunately the construction industry has recently seen increases from 5% to 25% due to higher material costs and labor. This Amendment No. 1 is to cover the increased cost and added striping the City requested on North Fairview, added work on Central Boulevard due to irrigation controller upgrade per Parks & Recreation Department standards and additional landscape, irrigation and associated concrete and electrical work to install per the Parks and Recreation Department request.

A careful review of the previously approved reimbursement agreement, documentation from the Developer’s contractor regarding the changes, along with a review of the finalized plans by staff, has resulted in a savings to the City of approximately $144,752 for additional costs. The City Engineer and City Attorney have reviewed this amendment.

FISCAL IMPACT
Roadway and Parks and Trails Facility Fees will be used for a cash payment for this additional work, which will be paid 30 days after completion and acceptance by the City Council. The additional cash payment for this work will be $110,748.

Attachments:
Resolution
Amendment No. 1 to Reimbursement Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH BRADDOCK AND LOGAN GROUP II, L.P. SUBDIVISION NO. 8661 FOR COSTS ASSOCIATED WITH 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 December 17, 2002, Planning Commission adopted Planning Commission Resolution No. 02-84, which approved Tentative Subdivision Map No. 8661, subject to certain conditions; and

WHEREAS, on October 14, 2003, City Council adopted Resolution No. 2994, which approved a Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661, for costs associated with Master Plan Facility Improvements; and

WHEREAS, the Developer will construct the additional off-site improvements eligible for reimbursement; and

WHEREAS, the City agrees to pay Developer for additional off-site improvements eligible for reimbursement in the amount of $110,748.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve Amendment No. 1 to the Reimbursement Agreement with Braddock & Logan Group II, L.P. for additional off-site Master Plan Improvements constructed in conjunction with Subdivision No. 8661, covered under Tentative Subdivision Map No. 8661, 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 22nd day of February 2005 the by the following vote:

AMENDMENT NO. 1
REIMBURSEMENT AGREEMENT
BRENTWOOD MASTER PLANNED FACILITIES
BRADDOCK & LOGAN GROUP II, L.P.
SUBDIVISION 8661

THIS AMENDMENT NO. 1 is entered into on February 22, 2005 by and between CITY OF BRENTWOOD (“City”) and BRADDOCK & LOGAN GROUP II, L.P. (“Developer”).

WHEREAS, on December 17, 2002, the City Planning Commission and Developer approved Tentative Subdivision Map No. 8661, subject to certain conditions; and

WHEREAS, City Council adopted Resolution No. 2994, which approved a Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661 for costs associated with Master Plan Facility Improvements (“Reimbursement Agreement”); and

WHEREAS, the City agrees to pay Developer for additional public improvements related to its Subdivision No. 8661 in the amount of $110,748.

NOW, THEREFORE, IT IS AGREED as follows:

1. Paragraph 3.4 of the original Reimbursement Agreement entitled Maximum Reimbursement shall be amended as follows:

“3.4. Maximum Reimbursement. The total amount of the reimbursement obligation over the life of this Agreement for the type of facilities described in Exhibit “B” shall be as determined by the CITY OF BRENTWOOD 2002/03 DEVELOPMENT FEE PROGRAM. The parties acknowledge and agree that the reimbursement/pre-paid fees under this Agreement is estimated to be EIGHT HUNDRED NINETY THOUSAND NINE HUNDRED SIXTY FOUR DOLLARS ($890,964)
.
2. Exhibit "C shall be revised as attached hereto.

3. All other terms of the original agreement shall remain unchanged.

CITY OF BRENTWOOD DEVELOPER: BRADDOCK & LOGAN GROUP, II. L.P.
________________________ BY: ________________________________
Mayor Name & Title

ATTEST:
________________________
Karen Diaz, CMC, City Clerk

EXHIBIT C
BRADDOCK & LOGAN SUBDIVISION NO. 8661
ADDENDUM NO. 1
REIMBURSEMENT CALCULATION
BASED ON 2002/03 DEVELOPMENT FEE PROGRAM

FEBRUARY 2005 AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT DUE TO CHANGED AREAS & QUANTITIES

Roadway Facilities Additional Striping Required on North Fairview Add $ 5,850.00 Reduced cost of City’s portion of Traffic Signal cabinet and pad Deduct $ (18,058.00)
Added work Central Blvd. due to controller upgrade per Parks & Recreation Add $ 4,927.00
Bore under trail for new electric & telephone extension to irrigation
controller per P & R request Add $ 7,900.00
Amended Roadway Facilities Cash Reimbursement $ 619.00

Parks & Trails Facilities
Added work Fairview Ave. due to change in area and quantity of landscape
& irrigation replacement Add $ 95,129.00
Replace landscaping & concrete associated with new electric & telephone
extension Add $ 15,000.00
Amended Parks & Trails Facilities Cash Reimbursement $110,129.00

TOTAL AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT ADD $110,748.00

REIMBURSEMENT AGREEMENT TOTAL WITH AMENDMENT NO. 1 TOTAL $890,964.00  

 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov