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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: February 26, 2008

Subject/Title: Adopt a Resolution accepting Detention Basin Improvements for Subdivision No. 8788, S & S Farms, located on the south side of Caper Drive from Ceylon Drive to Lone Oak Road by Brentwood Sand Creek Partners, LLC.

Prepared By: Ken De Silva, Landscape/Facilities Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution accepting Detention Basin Improvements for Subdivision No. 8788, S & S Farms, located on the south side of Caper Drive from Ceylon Drive to Lone Oak Road by Brentwood Sand Creek Partners, LLC.
Creek Ro by Brentwood Sand Creek Partners,
PREVIOUS ACTION
On March 2, 2004, by Resolution No. 04-9, Planning Commission approved Vesting Tentative Subdivision Map No. 8788, with conditions.

In order for the Final Map to be recorded, the City Manager approved the Subdivision Map, accepted the offers of dedication as shown on the Subdivision Improvement Map, and executed the Subdivision Improvement Agreement for Final Map No. 8788.

On October 11, 2005, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8788, acceptance of improvements securities and approval of the Subdivision Agreement.

BACKGROUND
The Detention Basin Improvements are part of the Tentative Subdivision Map (TSM) No. 8788 and located on the south side of Caper Drive from Ceylon Drive to Lone Oak Road by Brentwood Sand Creek Partners, LLC. (“Developer”).

As part of Subdivision No. 8788 improvement plans, as part of the Conditions of Approval requirements, and as part of the Subdivision Improvement Agreement, the Developer has constructed an area of landscaping including shrubs, irrigation, one backflow device, local remote irrigation controllers, and a booster pump. These Detention Basin Improvements are now installed to City Standards; therefore, it is appropriate to accept the Detention Basin Improvements as offered on the Final Map.

The Developer issued two bonds to the City on the proposed subdivision: Subdivision Improvement Bond Faithful Performance Bond #72BSBDJ4749 in the amount of $5,548,826.80 and Subdivision Bond Payment #72BSBDJ4749 for $5,548,826.80. The bond amounts were based on City of Brentwood Engineers Estimate for Public Improvements Bonding Purposes on Subdivision 8788. Under the Miscellaneous section of the City estimate, the City indicates zero value for landscaping and irrigation work for Detention Basin Improvements on Subdivision No 8788. The Developer is not required to provide any Maintenance Bonds to cover a warranty period for the Detention Basin Improvements in the subdivision.

FISCAL IMPACT
Upon acceptance of the Detention Basin Improvements, the City will incur annual costs associated with the necessary maintenance of the landscape improvements. The yearly estimated total maintenance cost for the Detention Basin Improvements is $5,015. Landscape and Lighting Assessment District No.03-2 has been formed for this subdivision for these costs.

Attachments:
Resolution
Site Map of Detention Basin Improvements location

RESOLUTION NO.____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE DETENTION BASIN OFFERS OF DEDICATION IN-FEE; ACCEPTING RIGHTS SHOWN ON THE FINAL MAP FOR THE DETENTION BASIN; ACCEPTING DETENTION BASIN IMPROVEMENTS FOR MAINTENANCE ON SUBDIVISON NO. 8788, S & S FARMS, LOCATED ON LOCATED ON THE SOUTH SIDE OF CAPER DRIVE FROM CEYLON DRIVE TO LONE OAK ROAD AND DIRECT THE CITY CLERK TO FILE RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on March 2, 2004 and again on May 3, 2005, by Resolution No. 04-10, Planning Commission approved Tentative Subdivision Map No. 8788, with conditions; and

WHEREAS, on October 11, 2005, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8788, acceptance of improvements securities and approval of the Subdivision Agreement; and

WHEREAS, the required public improvements to the park and trail have been completed and constructed in substantial conformance with the approved improvement plans.

NOW, THERFORE BE IT RESOLVED, that the City Council of the City of Brentwood with respect to Subdivision No. 8788 Detention Basin Improvements, S & S Farms, development by Brentwood Sand Creek Partners, LLC. :
1. Accepts offers of dedication in fee simple, as shown on the final map for Detention Basin on file with the City Engineer.
2. Accepts all Detention Basin Improvements for maintenance.
3. Direct the City Clerk to file Resolution with the Recorder of Contra Costa County.

PASSED AND APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on February 26, 2008, by the following vote:

 
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