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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: May 27, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to consent to an Assignment and Assumption Agreement between Suncrest Homes 25, LLC and Discovery Builders, Inc. to assign the Property Acquisition Agreement relating to Tentative Subdivision Map No. 8954, located south of Lone Tree Way and east of 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 and Assumption Agreement between Suncrest Homes 25, LLC and Discovery Builders, Inc. to assign the Property Acquisition Agreement relating to Tentative Subdivision Map No. 8954, located south of Lone Tree Way and east of O’Hara Avenue.

PREVIOUS ACTION
On September 13, 2005, by Resolution No. 2005-227, City Council approved Tentative Subdivision Map No. 8954, with conditions.

On October 10, 2006, by Resolution No. 2006-242, City Council approved a Property Acquisition Agreement with Suncrest Homes 25, LLC for the Adams Lane Extension Project constructed as a part of Tentative Subdivision Map No. 8954.

On June 26, 2007, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8945 and the associated Subdivision Improvement Agreement.

BACKGROUND
Tentative Subdivision Map No. 8954, known as Prewett Ranch, is located south of Lone Tree Way and east of O’Hara Avenue. The prior owner, Suncrest Homes 25, LLC (“Assignor”), has sold the property to Discovery Builders (“Assignee”) and the Assignor and Assignee have contacted the City to obtain the City’s consent to the assignment of various obligations for project completion including entitlements, subdivision improvements, permits, right-of-way and affordable housing. These previous approvals and agreements between the City and Assignor require written consent of the City prior to assigning these obligations to another party. Through previous Council actions or the Brentwood Municipal Code, City staff currently has the authorization to provide assignment consent for the majority of the project approvals, including agreements and permits. The previously approved Property Acquisition Agreement (“Agreement”) includes assignment provisions requiring City consent, though the Agreement provisions do not expressly include staff authorization. The Assignee and Assignor have proposed fully assigning the rights and obligations under the Agreement, whereby the City is reimbursed for costs associated with property acquisition for Adams Lane extension conditioned on the Prewett Ranch development project.

FISCAL IMPACT
There is no fiscal impact associated with the Assignment and Assumption Agreement. Funds in the amount of $100,000 have been posted with the City to cover staff time, legal fees, appraisal and acquisition costs.

Attachments:
Resolution
Assignment and Assumption Agreement
Property Acquisition Agreement with Suncrest Homes 25, LLC

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 AND ASSUMPTION AGREEMENT BETWEEN SUNCREST HOMES 25, LLC AND DISCOVERY BUILDERS, INC. TO ASSIGN THE PROPERTY ACQUISITION AGREEMENT RELATING TO TENTATIVE SUBDIVISION MAP NO. 8954, LOCATED SOUTH OF LONE TREE WAY AND EAST OF O’HARA AVENUE.

WHEREAS, on September 13, 2005, by Resolution No. 2005-227, City Council approved Tentative Subdivision Map No. 8954, with conditions; and

WHEREAS, on October 10, 2006, by Resolution No. 2006-242, City Council approved a Property Acquisition Agreement with Suncrest Homes 25, LLC for the Adams Lane Extension Project constructed as a part of Tentative Subdivision Map No. 8954; and

WHEREAS, on June 26, 2007, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8945 and the associated Subdivision Improvement Agreement; and

WHEREAS, written consent by the City is required prior to assignment of the previously approved Property Acquisition Agreement with Suncrest Homes 25, LLC 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 and Assumption Agreement between Suncrest Homes 25, LLC and Discovery Builders, Inc. to assign the Property Acquisition Agreement rights and obligations relating to Tentative Subdivision Map No. 8954 to Discovery Builders, Inc.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of May 2008 by the following vote:
 
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