CITY COUNCIL AGENDA ITEM
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
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.
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.
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.
Maintenance costs will be paid by Ponderosa Homes. Parks and Recreation
Department responsibilities will be covered in the approved 2005/06 City
Attachment: Interim Park Maintenance Agreement
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
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
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