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Current Council Agenda and Past Meeting Information


CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date: March 11, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to consent to an Assignment Agreement with Richmond American Homes of California, Inc., and Steeplechase Brentwood, LLC to assign the Reimbursement Agreement for costs associated with Master Plan Facility Improvements constructed as a part of Tentative Subdivision Map No. 8674, located at the northwest corner of Lone Tree Way and O’Hara Avenue.

Prepared by: Debra Galey, Management Analyst

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


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to consent to an Assignment Agreement with Richmond American Homes of California, Inc., and Steeplechase Brentwood, LLC to assign the Reimbursement Agreement for costs associated with Master Plan Facility Improvements constructed as a part of Tentative Subdivision Map No. 8674, located at the northwest corner of Lone Tree Way and O’Hara Avenue.

PREVIOUS ACTION
On May 18, 2004, by Resolution No. 04-32, Planning Commission approved Tentative Subdivision Map No. 8674 with conditions.

On July 12, 2005, by Resolution No. 2005-171, City Council approved an Affordable Housing Agreement for Subdivision No. 8674.

On December 12, 2006, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8674 and the associated Subdivision Improvement Agreement.

On December 12, 2006, by Resolution No. 2006-293, City Council approved a Reimbursement Agreement with Richmond American Homes of California, Inc., Tentative Subdivision Map No. 8674, for costs associated with Master Plan Facility Improvements.

BACKGROUND
Tentative Subdivision Map No. 8674 is located at the northwest corner of Lone Tree Way and O’Hara Avenue and consists of 180 lots. Richmond American Homes (“Assignor”) is the current property owner/developer, and is in the process of selling the partially completed project to Steeplechase Brentwood, LLC (“Assignee”). Through the sale, obligations for project completion including subdivision improvements, reimbursements for over-sized improvements and affordable housing, are being assigned from Assignor to Assignee. The previously approved agreements between the City of Brentwood (“City”) and Richmond American Homes require written consent of the City prior to assigning these agreement obligations to another party.

Through Section 2.2.10 of the Signature Policy and Section 16.166.010 of the Brentwood Municipal Code, the City Manager has the authorization to provide written consent for assignment of the Affordable Housing Agreement and Subdivision Improvement Agreement respectively. The previously approved Reimbursement Agreement also includes assignment provisions requiring City consent, though the provisions of the agreement and City policies do not include staff authorization.

Reimbursable Master Plan Improvements required by Conditions of Approval of this project include off-site and oversize road improvements along O’Hara Avenue and Lone Tree Way; ROW purchase for the ultimate location of the traffic signal at the northeast corner of O’Hara Avenue and Lone Tree Way; oversized 36” waterline in Neroly Road and O’Hara Avenue; 30” waterline and 12” non-potable waterline through the Lone Tree Way and O’Hara Avenue intersection; asphalt trail along Neroly Road buffer zone; and park acreage and improvements totaling 2.7 acres. Facility fees have also been reduced by the amount prepaid through CIFP 2004-1.

Staff will review Signature Policy 10.13 relative to Assignment Agreements and will return at a later date with an item for Council’s consideration that includes proposed policy revisions for consistency with consent to assignments.

FISCAL IMPACT
The following facility fee credits will be divided equally over all lots and applied at building permit issuance: Water $625,472.80; Parks and Trails $801,502.16; Wastewater $59,942.31 and Roadway $699,839.08.

Attachments:
Resolution
Assignment Agreement
Reimbursement Agreement with Richmond American Homes

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO CONSENT TO AN ASSIGNMENT AGREEMENT WITH RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., AND STEEPLECHASE BRENTWOOD, LLC TO ASSIGN THE REIMBURSEMENT AGREEMENT FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS CONSTRUCTED AS A PART OF TENTATIVE SUBDIVISION MAP NO. 8674, LOCATED AT THE NORTHWEST CORNER OF LONE TREE WAY AND O’HARA AVENUE.


WHEREAS, on May 18, 2004, by Resolution No. 04-32, Planning Commission approved Tentative Subdivision Map No. 8674 with conditions; and

WHEREAS, on July 12, 2005, by Resolution No. 2005-171, City Council approved an Affordable Housing Agreement for Subdivision No. 8674; and

WHEREAS, on December 12, 2006, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8674 and the associated Subdivision Improvement Agreement; and

WHEREAS, certain Master Plan Facility Improvements are reimbursable under the Subdivision Map Act and the City of Brentwood Master Plan Facility Fee Program; and

WHEREAS, on December 12, 2006, by Resolution No. 2006-293, City Council approved a Reimbursement Agreement with Richmond American Homes of California, Inc., Tentative Subdivision Map No. 8674, for costs associated with Master Plan Facility Improvements; and

WHEREAS, written consent by the City is required prior to assignment of the previously approved Reimbursement Agreement with Richmond American Homes to another party.

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 consent to an Assignment Agreement with Richmond American Homes of California, Inc., and Steeplechase Brentwood, LLC to assign the Reimbursement Agreement for costs associated with Master Plan Facility Improvements constructed as a part of Tentative Subdivision Map No. 8674.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of March 2008 by the following vote:
 
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