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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: February 13, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute the First Amendment to the Pond Maintenance Agreement with Shadow Lakes Golf, LP, for the Shadow Lakes Golf Course, and directing the City Clerk to file the Amendment with the Recorder of Contra Costa County.

Prepared by: Public Works: P. Eldredge

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute the First Amendment to the Pond Maintenance Agreement with Shadow Lakes Golf, LP, for the Shadow Lakes Golf Course, and directing the City Clerk to file the Amendment with the Recorder of Contra Costa County.

PREVIOUS ACTION
On March 9, 1993, by Planning Commission Resolution No. 93-27, Planning Commission approved Tentative Subdivision Map No. 7705, with conditions.

On December 11, 2001, by Resolution No. 2723, City Council approved the Final Map of Subdivision No. 8344 (TSM No. 7705), Brentwood Lakes Unit #10, Brookfield Homes, located north of Balfour Road and west of Concord Avenue; accepted the improvement security; approved three agreements (Subdivision Improvement Agreement, Pond Maintenance Agreement, and Agreement for Golf Course Public Play); and authorized the Mayor and City Clerk to execute all documents related to this Final Map and associated Agreements.

BACKGROUND
A pond maintenance agreement was required to satisfy Subdivision No. 8344 Conditions of Approval, which included the Shadow Lakes Golf Course. This agreement, among other things, required the owner of the golf course to assume all maintenance and all related drainage responsibilities for five golf course ponds/detention basins located within the limits of the golf course. This golf course was sold by Brookfield Homes, the original developer of the project, to Troon Golf which included the maintenance agreement. Troon Golf has recently sold the golf course to Deer Ridge Golf, Inc., who is requesting this amendment.

The original agreement requires the owner of the golf course to accept all responsibilities for the maintenance, including maintaining capacity and all runoff that may come from City streets or private residences adjacent to the golf course and pay the utility bills, including water and electricity associated with the ponds. The golf course owner also acknowledged that the runoff from City streets or private residences may include pollution and they shall not assert any claim against the City. However, this agreement was silent regarding the actions of a third party that may cause pollution to the ponds. This proposed amendment provides the golf course owner the ability to seek damages from a third party should the actions of this third party cause these ponds to become polluted.
FISCAL IMPACT
There is no fiscal impact associated with this amendment.

Attachments:
Resolution
First Amendment to the Pond Maintenance Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FIRST AMENDMENT TO THE POND MAINTENANCE AGREEMENT WITH SHADOW LAKES GOLF, LP, FOR THE SHADOW LAKES GOLF COURSE, AND DIRECTING THE CITY CLERK TO FILE THE AGREEMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on December 11, 2001, by Resolution No. 2723, City Council approved the Final Map of Subdivision No. 8344 (TSM No. 7705), Brentwood Lakes Unit #10, Brookfield Homes, located north of Balfour Road and west of Concord Avenue; accepted the improvement security; approved three agreements (Subdivision Improvement Agreement, Pond Maintenance Agreement, and Agreement for Golf Course Public Play); and authorized the Mayor and City Clerk to execute all documents related to this final map and associated agreements; and

WHEREAS, a pond maintenance agreement was required to satisfy Subdivision No. 8344 Conditions of Approval, which included the Shadow Lakes Golf Course; and

WHEREAS, this agreement, among other things, required the owner of the golf course to assume all maintenance and all related drainage responsibilities for five golf course ponds/detention basins located within the limits of the golf course; and

WHEREAS, the original agreement requires the owner of the golf course to accept all responsibilities for the maintenance, including maintaining capacity and all runoff that may come from City streets or private residences adjacent to the golf course and pay the utility bills, including water and electricity associated with the ponds; and

WHEREAS, the golf course owner also acknowledged that the runoff from City streets or private residences may include pollution and they shall not assert any claim against the City; and

WHEREAS, this proposed amendment provides the golf course owner the ability to seek damages from a third party should the actions of this third party cause these ponds to become polluted.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute the First Amendment to the Pond Maintenance Agreement with Shadow Lakes Golf, LP, for the Shadow Lakes Golf Course, and direct the City Clerk to file the Amendment with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of February 2007 by the following vote:
 

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