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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: April 12, 2005

Subject/Title: Approve a Resolution to approve Covenants, Conditions and Restrictions (CC&Rs) and authorize the City Manager to sign the Covenants, Conditions and Restrictions (CC&Rs) for the Brentwood Center.

Prepared by: Mike Merizon, Facilities Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve a Resolution to approve Covenants, Conditions and Restrictions (CC&Rs) and
authorize the City Manager to sign the Covenants, Conditions and Restrictions (CC&Rs) for the
Brentwood Center.

PREVIOUS ACTION
On September 14, 1999, City Council approved the purchase of 101 Sand Creek Road, City of Brentwood, from American Stores Property.

City Council authorized the City Manager to execute agreements, contracts and all necessary documents for the design, planning, engineering, construction, and construction management of the Brentwood Education and Technology Center (BETC) during fiscal years 2000/01 through 2001/02.

On September 18, 2001, City Council amended the City of Brentwood Master Fee Schedule Resolution No. 2366 as it relates to the Brentwood Education and Technology Center.

On September 25, 2001, City Council approved the Lease Agreement and Rent Structure for tenants at the Brentwood Education and Technology Center.

BACKGROUND
The Center’s current Covenants, Conditions and Restrictions (CC&Rs) placed the responsibility of the common area maintenance (CAM) on the owner of the largest property which is the City owned Brentwood Education and Technology Center. The CC&Rs also require unanimous agreement by all seven of the property owners of the Center in order to make any decision. The new CC&Rs gives decision power to the majority of property owners.

The current CC&Rs require unanimous agreement by all seven of the property owners of the Center in order to make any decision. The new CC&Rs gives decision power to the majority of property owners. The majority of the property owners agreed to consider new CC&Rs. The City hired Matrix Property Management who introduced attorney Ann Rankin who specializes in property associations to draft the new CC&Rs. The third draft is out for owner signatures. The documents have been reviewed by McDonough Holland and Allen on the City’s behalf. The City will be the fourth of seven owners to sign the document. If the three dissenting owners do not sign the document Ann Rankin will start the process that will result in a court order that will mandate the new CC&Rs accepted by the majority of owners.
FISCAL IMPACT
None

Attachments:
Resolution
Exhibit A - Brentwood Center Association Articles of Incorporation
Exhibit B - Bylaws of Brentwood Center Association
Exhibit C - Covenants, Conditions and Restrictions

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE COVENANTS, CONDITIONS AND RESTRICTIONS AND AUTHORIZING THE CITY MANAGER TO SIGN THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BRENTWOOD CENTER

WHEREAS, the City Council approves the Covenants, Conditions and Restrictions and authorized the City Manager to sign the Covenants, Conditions and Restrictions.

WHEREAS, the City Council approved the Lease Agreement and Rent Structure for tenants at the Brentwood Education and Technology Center; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager has authorization to sign the Covenants, Conditions and Restrictions for the Brentwood Center.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of April, 2005 by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:

__________________________________
Cynthia Garcia
Interim City Clerk 

 

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