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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: May 23, 2006

Subject/Title: Approve an interim park maintenance agreement between Ponderosa Homes and the City of Brentwood (King Park) and authorize the City Manager to sign the agreement and accept a deposit on behalf of the City of Brentwood for a payment bond certificate of $50,000.

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

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

RECOMMENDATION
Approve an interim park maintenance agreement between Ponderosa Homes and the City of Brentwood (King Park) and authorize the City Manager to sign the agreement and accept a deposit on behalf of the City of Brentwood for a payment bond certificate of $50,000.

PREVIOUS ACTION
Pursuant to the Development’s Conditions of Approval (COA), in October 2003 for Tract Map #8529 (the “Tract Map”) substantial completion of the Park was required prior to pulling building permit #26. In September 2004, Ponderosa requested from the City a one-year extension on the Tract Map and Design Review #01-23. On October 21, 2004, the City’s Planning Commission approved the requested extension of time. On April 27, 2005, Ponderosa offered, and the City accepted, fee title to the land which the Park occupies.

BACKGROUND
King Park will include the City’s first official dog park element (off leash area). With the slow down of the housing market, the Ponderosa Homes development is still many months off as to reaching the point where the City would normally accept the park improvements as a part of the overall subdivision. As a result of the dog park element, Ponderosa Homes has continued to fence the facility due to concerns as to possible liability from use of the dog park by the public.

As a result of continued requests from the public for the opening of the dog park, City staff has been working with Ponderosa Homes to get the facility and park opened for public use. The interim maintenance agreement that is under consideration will continue to have Ponderosa Homes provide and pay for the routine maintenance of the park, with the City taking responsibility for the dog park element, the play structure, and general park use.

The agreement has been reviewed by the City Attorney, Finance and Information Services, Public Works/Engineering, and Municipal Pooling Authority, the City’s risk manager.

Approval of the agreement and authorizing the City Manager to sign the agreement will allow the Parks and Recreation Department to determine a grand opening date for this park.

FISCAL IMPACT
Maintenance costs will be paid by Ponderosa Homes. Parks and Recreation Department responsibilities will be covered in the approved 2005/06 City budget.

Attachment: Interim Park Maintenance Agreement
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PONDEROSA HOMES FOR KING PARK INTERIM PARK MAINTENANCE AGREEMENT AND ACCEPTING A PAYMENT BOND CERTIFICATE OF $50,000 ON BEHALF OF THE CITY OF BRENTWOOD.

WHEREAS, the City of Brentwood, recognizes that Ponderosa Homes has not fully completed all of Ponderosa Crossroads II, Subdivision #8529; and

WHEREAS, the City of Brentwood is cognizant of the housing market sales slowdown, and the Developer will not complete all of the subdivision civil improvements; and

WHEREAS, City staff agrees with the Interim Park Maintenance Agreement on King Park for the duration of incomplete subdivision civil improvements to the Developer; and

WHEREAS, the Developer of the Ponderosa Crossing II has deposited a payment bond certificate with the City; and

WHEREAS, the City Council of the City of Brentwood authorized the City Manager to enter into agreement with Ponderosa Homes to approve Interim Park Maintenance Agreement;

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves and authorizes the City Manager to execute an Agreement with Ponderosa Homes and to receive a deposit on behalf of the City of Brentwood a payment bond certificate of $50,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the ____ day of _______ 2006, by the following votes:
 

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