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. 5

Meeting Date: March 22, 2005

Subject/Title: Adopt a Resolution to Approve Amendment No. 1 to the Reimbursement Agreement with Pulte Home Corporation, Subdivision No.’s 8561 & 8675, 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 Pulte Home Corporation, Subdivision No.’s 8561 & 8675, located north of Lone Tree Way and east of the Union Pacific Railroad 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 September 22, 2003, Planning Commission adopted Planning Commission Resolution No. 03-72, which approved Tentative Subdivision Map No. 8561 with conditions.

On August 10, 2004, City Council adopted Resolution No. 2004-199, which approved a Reimbursement Agreement with Pulte Home Corporation, Subdivision No.’s 8561 and 8675, for costs associated with Master Plan Facility Improvements.

On August 24, 2004, City Council adopted Resolution No. 2004-212, authorizing the City Manager to execute an agreement with Paxio, Inc. for access to public right-of-way and use of City-owned conduit to provide high-speed data, internet access and telecommuting services.

BACKGROUND
Pulte Home Corporation, Subdivision No.’s 8561 and 8675, are located north of Lone Tree Way and east of the Union Pacific Railroad. This Amendment No. 1 to their reimbursement agreement is to cover the cost of fiber optic conduit installation along Fairview Avenue up to Lone Tree Way, Pulte Rose Garden project area. The City’s intention has been to install this conduit as part of the future fiber optic ring; however, in order to provide high-speed internet access to the area north of lone Tree Way and east of the railroad, installation needs to be done now. Pulte will pay Paxio to install the conduit system and the City will reimburse Pulte for this work.

The City Engineer and the Director of Finance and Information Systems has reviewed this amendment.

FISCAL IMPACT
A cash payment will be given for this work. Payment will be made 30 days after completion and acceptance of the work by the City Council. The total cash payment for this work will be $211,207.70, which will come from Facility Fees.

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 PULTE HOME CORPORATION, SUBDIVISION NO.’S 8561 & 8675 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 September 22, 2003, Planning Commission adopted Planning Commission Resolution No. 03-72, which approved Tentative Subdivision Map No. 8561, subject to certain conditions; and

WHEREAS, on August 10, 2004, City Council adopted Resolution No. 2004-199, which approved a Reimbursement Agreement with Pulte Home Corporation, Subdivision No.’s 8561 & 8675, for costs associated with Master Plan Facility Improvements; and

WHEREAS, on August 24, 2004, City Council adopted Resolution No. 2004-212, authorizing the City Manager to execute an agreement with Paxio, Inc. for access to public right-of-way and use of City-owned conduit to provide high-speed data, internet access and telecommuting services; and

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

WHEREAS, the City agrees to pay the Developer for additional off-site improvements eligible for reimbursement in the amount of $211,207.70.

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 Pulte Home Corporation, for additional off-site Master Plan Improvements constructed in conjunction with Subdivision No.’s 8561 and 8675, covered under Tentative Subdivision Map No. 8561, 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 March 2005 the by the following vote:

AMENDMENT NO. 1
REIMBURSEMENT AGREEMENT
BRENTWOOD MASTER PLANNED FACILITIES
PULTE HOME CORPORATION
SUBDIVISION NO.’S 8561 & 8675

THIS AMENDMENT NO. 1 is entered into on March 22, 2005 by and between CITY OF BRENTWOOD (“City”) and PULTE HOME CORPORATION (“Developer”).

WHEREAS, on September 22, 2003, the City Planning Commission adopted Resolution No. 03-72, which approved Tentative Subdivision Map No. 8561, subject to certain conditions; and

WHEREAS, on August 10, 2004, City Council adopted Resolution No. 2004-199, which approved a Reimbursement Agreement with Pulte Home Corporation, Subdivision No.’s 8561 & 8675, for costs associated with Master Plan Facility Improvements (“Reimbursement Agreement”); and

WHEREAS, on August 24, 2004, City Council adopted Resolution No. 2004-212, authorizing the City Manager to execute an agreement with Paxio, Inc. for access to public right-of-way and use of City-owned conduit to provide high-speed data, internet access and telecommuting services; and

WHEREAS, the City agrees to pay the Developer for additional public improvements related to its Subdivision No.’s 8561 and 8675, in the amount of $211,207.70 payable from Roadway Facility Fees.

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 2004 DEVELOPMENT FEE PROGRAM. The parties acknowledge and agree that the reimbursement/pre-paid fees under this Agreement is estimated to be TEN MILLION SEVEN HUNDRED EIGHTY FIVE THOUSAND FOUR HUNDRED EIGHTY FIVE DOLLARS AND 91 CENTS ($10,785,485.91)."
.
2. Exhibit "C” shall be revised as attached hereto.

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

CITY OF BRENTWOOD DEVELOPER: PULTE HOME CORPORATION
________________________ BY: ________________________________
Mayor Name & Title
ATTEST:
________________________
Cynthia Garcia, Interim City Clerk

EXHIBIT "C"
AMENDMENT NO. 1
REIMBURSEMENT CALCULATIONS
PULTE HOME CORPORATION
SUBDIVISION NO.’S 8561 & 8675

Road Facilities
Prepaid fees through Small lots 284 EA @ $7,348.20/EA $2,086,888.80
CIFP 2004-1 Large lots 219 EA @ $8,609.75/EA $1,885,535.25
Total Prepaid Road Fees $3,972,424.05

Lone Tree Way construct with 8561 ($621/2 X 500 LF) $ 155,250.00
Adjustment for eng, plan check 12.5% $ 19,406.25
Adjustment for financing 10.0% $ 15,525.00
Traffic Control 2.0% $ 3,105.00
Subtotal $ 193,286.25

NW Quadrant Engineering Design previously paid $ 68,599.00
ROW – Lone Tree Way Frontage
82’ – 30’ X 200 LF = .24 AC @ $100,000/AC $ 24,000.00
ROW – Lone Tree Way Martinez
59.5’ X 300 LF = .41 AC @ $100,000/AC $ 41,000.00
ROW – Lone Tree Way Frontage no construction
82’ – 30’ X 1150 LF @$100,000/AC $ 137,000.00
Lone Tree Way Developer’s obligation not constructed
($318/2 X 1150 LF) $ (182,850.00)
Reimbursable Construction Total $ 281,035.25

TOTAL ROAD FACILITY REIMBURSEMENTS/PREPAID FEES $ 4,253,459.30

Parks and Trails Facilities
Park Improvements (Parcels B,C,E,H,I,N,O)
7.65 AC X $134,679.67/AC $1,030,299.48
Paved trail along Railroad and south side Neroly Road
6,000 LF @ $42.00/LF $ 252,000.00
Subtotal $1,282,299.48

Adjustment for eng, plan check 12.5% $ 160,287.43
Adjustment for financing 10% $ 128,229.95

Oversize sidewalk for trail use 5,850 LF X 3’ X $2.85/SF $ 50,017.50
Partial landscaping on Neroly Trail 3,100 LF X 20’ X $3.80/SF $ 235,600.00
Park Land Purchase 7.65 AC X $100,000/AC $ 765,000.00
Reimbursable Total $2,621,434.36

TOTAL PARKS & TRAILS FACILITY REIMBURSEMENTS $ 2,621,434.36

EXHIBIT "C"
AMENDMENT NO. 1
REIMBURSEMENT CALCULATIONS
PULTE HOME CORPORATION
SUBDIVISION NO.’S 8561 & 8675

Water Facilities
Prepaid fees through CIFP 2004-1 Small lots 284 EA @ $1,500/EA $ 426,000.00
Large lots 219 EA @ $1,500/EA $ 328,500.00
Total prepaid fees $ 754,500.00

42” Oversize water line 80 LF @ $294.00/LF $ 23,520.00
36” Oversize water line 1920 LF @ $252.00/LF $ 483,840.00
24” Oversize water line 1530 LF @ $168.00/LF $ 257,040.00
24” Excess capacity water line 2530 LF @ $81.60/LF $ 206,448.00
Subtotal $ 970,848.00

Adjustment for eng, plan check 12.5% $ 121,356.00
Adjustment for financing 10.0% $ 97,084.80
Reimbursable Construction Total $1,189,288.80

TOTAL WATER FACILITY REIMBURSEMENTS/PREPAID FEES $ 1,943,788.80

Wastewater Facilities

Prepaid fees through CIFP 2004-1 Small lots 284 EA @ $3,490.25/EA $ 991,231.00
Large lots 219 EA @ $3,490.25/EA $ 764,264.75

TOTAL WASTEWATER FACILITY PREPAID FEES $ 1,755,595.75

Amendment No. 1 to Reimbursement Agreement

Complete missing segments of conduit system from Brentwood
Technology Center to Subdivision No.’s 8561 and 8675 as agreed.
Payment due 30 days after completion and acceptance by City Council. $ 211,207.70

TOTAL CASH PAYMENT $ 211,207.70

TOTAL ALL REIMBURSEMENTS AND PREPAID FACILITY FEES $10,785,485.91 

 

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