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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: December 12, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Reimbursement Agreement with Mission Peak Homes, Inc. for Subdivision No. 8470, located at the southeast corner of Lone Tree Way and Empire Avenue for costs associated with Master Plan Facility Improvements.

Prepared by: Public Works: L. Vargas

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Reimbursement Agreement with Mission Peak Homes, Inc. for Subdivision No. 8470, located at the southeast corner of Lone Tree Way and Empire Avenue for costs associated with Master Plan Facility Improvements.

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

On January 15, 2002, Planning Commission adopted Planning Commission Resolution No. 02-03, which approved Tentative Subdivision Map No. 8470 with conditions.

On August 26, 2003, City Council adopted Resolution No. 2963, which approved a Reimbursement Agreement with Mission Peak Homes, Inc., Subdivision No. 8470 for costs associated with Master Plan Facility Improvements.

BACKGROUND
The Conditions of Approval for Tentative Subdivision Map No. 8470 required the Developer to make certain off-site Master Plan Facility Improvements. The original Reimbursement Agreement included installation of landscape and irrigation in EBMUD right-of-way, north of the trail between Shady Willow Lane and Empire Avenue. The Developer’s engineer utilized documents from Contra Costa County Public Works to define the limits of the northerly line of the EBMUD right-of-way. While preparing to install the landscape and irrigation in the area between Shady Willow Lane and Empire Avenue, the Developer was informed that EBMUD’s right-of-way was actually thirty feet further north than represented on their plan set and the County documents. Amendment No. 1 to the Reimbursement Agreement will adjust the cost to reflect the final square footage of landscape and irrigation along EBMUD’s right-of-way for what will actually be installed and will reimburse for the removal of nineteen large tree stumps, located in the area north of the trail, that require removal. It will also adjust the cost of the asphalt trail section for the final length that has been installed. The Director of Parks and Recreation has approved this additional cost. The Director of Public Works/City Engineer has reviewed this Amendment No. 1 to the Reimbursement Agreement and the City Attorney has approved as to form.

FISCAL IMPACT
Additional parks and trail facility fee credits totaling $134,010.04 will be spread over all remaining building permits.

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH MISSION PEAK HOMES, INC., FOR SUBDIVISION NO. 8470, LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND EMPIRE AVENUE FOR ADDITIONAL COSTS ASSOCIATES WITH MASTER PLAN FACILITY IMPROVEMENTS.

WHEREAS, on April 12, 1994, City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, on January 15, 2002, Planning Commission adopted Planning Commission Resolution No. 02-03, which approved Tentative Subdivision Map No. 8470 with conditions; and

WHEREAS, on August 26, 2003, City Council adopted Resolution No. 2963, which approved a Reimbursement Agreement with Mission Peak Homes, Inc., Subdivision No. 8470 for costs associated with Master Plan Facility Improvements; and

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

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute Amendment No. 1 to the Reimbursement Agreement with Mission Peak Homes, Inc. for additional off-site Master Plan Improvements constructed in conjunction Subdivision Map No. 8470, 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 12th day of December 2006 by the following vote:

AMENDMENT NO. 1
REIMBURSEMENT AGREEMENT
BRENTWOOD MASTER PLANNED FACILITIES
MISSION PEAK HOMES, INC. SUBDIVISION NO. 8470

THIS AMENDMENT NO. 1 is entered into on the ___day of _________________, 2006 by and between the CITY OF BRENTWOOD (“City”) and MISSION PEAK HOMES, INC. (“Developer”).

WHEREAS, on January 15, 2002, Planning Commission adopted Planning Commission Resolution No. 02-03, which approved Tentative Subdivision Map No. 8470 with conditions; and

WHEREAS, on August 26, 2003, City Council adopted Resolution No. 2963, which approved a Reimbursement Agreement with Mission Peak Homes, Inc., Subdivision No. 8470 for costs associated with Master Plan Facility Improvements (“Reimbursement Agreement”); and

WHEREAS, the City agrees to issue additional Parks and Trails Facility Fee credits to the Developer for additional public improvements related to Subdivision No. 8470.

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 FOUR MILLION THREE HUNDRED THIRTY THREE THOUSAND ONE HUNDRED THREE DOLLARS AND 24 CENTS. ($4,333,103.24)

2. Exhibit “C” shall be revised as attached hereto.

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

CITY OF BRENTWOOD DEVELOPER: MISSION PEAK HOMES, INC.

BY: BY: _________________________________
Donna Landeros, City Manager Name Title

Attest: NAME: _______________________________
(Print or Type)
BY: _____________________________
Margaret Wimberly, CMC, City Clerk

Approved as to form:

BY: ____________________________
Damien B. Brower, City Attorney
EXHIBIT “C”
REIMBURSABLE IMPROVEMENTS CALCULATIONS
MISSION PEAK HOMES, INC.
SUBDIVISION NO. 8470
WASTEWATER FACILITIES
Pre-payment fees CIFP 2002-1 162 Units @ $105.13/DU $ 17,032.00
TOTAL WASTEWATER FACILITIES PRE-PAID FEES $ 17,032.00

WATER FACILITIES
Pre-payment fees CIFP 2002-1 162 Units @ $4,185.41/DU $ 678,036.00

16” Zone II Main-Empire Ave. oversize 2364 LF @ $25.60/LF $ 60,518.00
20” Zone I Main-Empire Ave. oversize 2372 LF @ $53.60/LF $ 127,139.00
Adjustment for Engineering & Plan Check (12.5%) $ 23,457.00
Adjustment for Financing (10.0%) $ 18,766.00
Water Facilities Reimbursable Construction Costs $ 229,881.00

TOTAL WATER FACILITIES PRE-PAID & REIMBURSABLE $ 907,917.00

ROADWAY FACILITIES
Lone Tree Way landscape/irrigation oversize 9,036 SF @ $3.80/SF $ 34,336.00
Adjustment for Engineering & Plan Check (12.5%) $ 4,292.00
Adjustment for Financing (10.0%) $ 3,434.00
ROW Lone Tree Way 0.764 AC @ $100,000/AC $ 76,400.00
Total Lone Tree Way Reimbursable Construction Costs $ 118,462.00

Empire Avenue East Side oversize 2,430 LF @ $ 190.50/LF $ 462,915.00
Reduction for less width – East Side $ ( 106,182.00)
Empire Avenue West Side off-site 2,230 LF @ $ 323.00/LF $ 711,892.00
Reduction for less width – West Side $ ( 92,637.00)
Subtotal Roadway Construction Costs $ 975,988.00
Adjustment for Engineering & Plan Check (12.5%) $ 121,998.50
Adjustment for Financing (10.0%) $ 97,598.80
Adjustment for Traffic Control (2.0%) $ 19,519.76
Empire Ave. ½ JT Trench, Rosie to Amber 969.96 LF @ $100/LF $ 96,996.00
ROW Empire Ave. Oversize & Off site 2.302 AC @ $100,000/AC $ 230,200.00
Soundwall – West side Empire off site 1,480 LF @ $115.40/LF $ 170,792.00
Adjustment for Engineering & Plan Check for wall (12.5%) $ 21,349.00
Total Empire Avenue Reimbursable Construction Costs $ 1,734,442.06

Amber Lane between Empire Avenue and Shady Willow – cash reimbursement
1,230 LF @ $660.91/LF $ 812,927.40
10% Contingency $ 81,292.74
Total Amber Lane Cash Reimbursable Construction Costs $ 894,220.14

TOTAL ROADWAY FACILITIES REIMBURSEMENT $ 2,747,124.20
EXHIBIT “C”
REIMBURSABLE IMPROVEMENTS CALCULATIONS
MISSION PEAK HOMES, INC.
SUBDIVISION NO. 8470
PARKS AND TRAILS
Pocket Parks – Improvements 0.697 AC @ $114,165.00/AC $ 79,573.00
Total Square Footage of Parcels for Pocket Parks 30,361.32 SF
EBMUD Trail – Shady Willow to Windy Springs 2,650 LF @ $43.50/LF $ 115,275.00
Landscape & Irrigation North Side of Trail Shady Willow to Eastern
Project Boundary 93,934 SF @ $3.80/SF/2 $ 178,475.00
Adjustment for Engineering & Plan Check (12.5%) $ 46,665.00
Adjustment for Financing (10.0%) $ 37,332.00

Land Acquisition 0.697 AC @ $100,000.00/AC $ 69,700.00
TOTAL PARKS & TRAILS REIMBURSEMENT $ 527,020.00

TOTAL ALL PRE-PAID FEES AND REIMBURSEMENTS $4,199,093.20

AMENDMENT NO. 1 - ADD $ 134,010.04

GRAND TOTAL PRE-PAID FEES AND REIMBURSEMENTS $4,333.103.24

AMENDMENT NO. 1 - COST BREAKDOWN

Parks & Trails Square Footage of landscape & irrigation Shady Willow Lane to eastern project boundary included in original agreement 93,934 SF, actual square footage installed was 79,631 SF. Remaining SF reimbursed but not installed 14,303 SF. Additional area north of EBMUD trail between Shady Willow Lane and Empire Avenue is 36,699 SF. Stump removal is not in Development Fee Program, no adjustments on that amount.

Additional area = 36,699 SF
Deduct Balance (14,303) SF
Added 22,396 SF to be reimbursed

Original trail length reimbursed = 2,650 LF
Actual trail length installed = 2,941 LF
Added Trail length 291 LF

22,396 SF landscape and irrigation @ $3.80/SF $ 85,104.80
291 LF additional asphalt trail @ $43.50/LF $ 12,658.50
Adjustment for Engineering & Plan Check (12.5%) $ 12,220.41
Adjustment for Financing (10.0%) $ 9,776.33
19 EA stump removal @ $750/EA $ 14,250.00

TOTAL AMENDMENT NO. 1 $134,010.04
 

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