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 CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: December 11, 2007

Subject/Title: Adopt Resolutions accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8556 and 8557, constructed by D. R. Horton, located along Apricot Way, east of Empire Avenue and west of Fairview Avenue.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer
_____________________________________________________________________________________________

RECOMMENDATION
Adopt Resolutions accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8556 and 8557, constructed by D. R. Horton (“Developer”), located along Apricot Way, east of Empire Avenue and west of Fairview Avenue.

PREVIOUS ACTION
On May 7, 2002, by Resolution Nos. 02-20 and 02-21, Planning Commission approved Tentative Subdivision Map Nos. 8556 and 8557, with conditions.

On February 24, 2004, by Informational Reports, City Council was notified of the City Manager’s approval of Final Subdivision Map Nos. 8556 and 8557 and the associated Subdivision Improvement Agreements.

BACKGROUND
Subdivision Nos. 8556 and 8557, located along Apricot Way, east of Empire Avenue and west of Fairview Avenue, have been developed by D.R. Horton and contain 27 and 28 single-family residential lots. All public improvements required by the project’s Conditions of Approval have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights, fiber optic conduit and landscaping. As a part of this project, the Developer has constructed Apricot Way widening across the project frontages and EBMUD landscaping north of Grant Street.

As shown on the improvement plans, the Developer has installed the following improvement quantities: 2,570 Lineal Feet (“LF”) of 8” sewer lines, 2,924 LF of 8” and 12” waterlines, 3,859 LF of 12”-36” storm drain lines, 6,138 LF of curb and gutter, 5,309 LF of 5’ sidewalk, 3,706 LF of pavement, 22 streetlights, 3,280 LF of joint trench including fiber optic conduit and 35,795 Square Feet (“SF”) of landscaping and irrigation.

The necessary right-of-way offers of dedication and easements required for maintenance of the public improvements were offered to the City and accepted as a part of the Final Maps. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for all improvements.



FISCAL IMPACT
Upon acceptance of improvements, the City will incur annual costs associated with necessary maintenance of streets, landscaping and utilities. Routine roadway maintenance will be funded by the General Fund and Measure “C” transportation sales tax, with sewer and water maintenance funded through their respective enterprise funds. Landscaping and Lighting Assessment District (“LLD”) No. 02-3 has been formed for these subdivisions and will be responsible for the street lighting and landscaping maintenance.

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND; AND RELEASING THE IMPROVEMENT SECURITIES FOR SUBDIVISION NO. 8556 CONSTRUCTED BY D. R. HORTON, LOCATED SOUTH OF APRICOT WAY, EAST OF EMPIRE AVENUE AND WEST OF FAIRVIEW AVENUE.


WHEREAS, on May 7, 2002, by Resolution No. 02-20, Planning Commission approved Tentative Subdivision Map No. 8556, with conditions; and

WHEREAS, on February 24, 2004, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8556 and the associated Subdivision Improvement Agreement; and

WHEREAS, the required public improvements, have been completed and constructed in substantial conformance with the approved improvement plans; and

WHEREAS, D.R. Horton has posted Maintenance Bonds, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8556, developed by D.R. Horton that:

1. All public improvements are hereby accepted for maintenance.
2. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.
3. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
4. The City Clerk is hereby directed to file this Resolution 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 11th day of December 2007 by the following vote:

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND; AND RELEASING THE IMPROVEMENT SECURITIES FOR SUBDIVISION NO. 8557 CONSTRUCTED BY D. R. HORTON, LOCATED NORTH OF APRICOT WAY, EAST OF EMPIRE AVENUE AND WEST OF FAIRVIEW AVENUE.


WHEREAS, on May 7, 2002, by Resolution No. 02-21, Planning Commission approved Tentative Subdivision Map No. 8557, with conditions; and

WHEREAS, on February 24, 2004, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8557 and the associated Subdivision Improvement Agreement; and

WHEREAS, the required public improvements, have been completed and constructed in substantial conformance with the approved improvement plans; and

WHEREAS, D.R. Horton has posted Maintenance Bonds, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8557, developed by D.R. Horton that:

1. All public improvements are hereby accepted for maintenance.
2. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.
3. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
4. The City Clerk is hereby directed to file this Resolution 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 11th day of December 2007 by the following vote:

 
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