AgdaPkt 2013-05-20 Closed Cancelled and Special

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6.1.D. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er May 20, 2013 SUBJECT Bair Island Road Phase II Improvement, Landscape Maintenance, and Stormwater Treatment Measures Maintenance Agreements with R.C. Peninsula Park, LLC. RECOMMENDATION By motion, approve and authorize the City Manager to execute an Improvement Agreement, a Landscape Maintenance Agreement, and a Stormwater Treatment Measures Maintenance Agreement with R.C. Peninsula Park, LLC. BACKGROUND R.C. Peninsula Park, LLC is the Owner of Record of the properties located at 650 through 660 Bair Island Road. On June 7, 2004, the City Council approved the Precise Plan for the Marina Shores Village Subdivision. The subdivision, located at East Bayshore Road and Bair Island Road, has been subdivided by a series of Subdivision and Condominium Maps. On December 17, 2007 City Council approved the Development Agreement and Precise Plan for the Peninsula Park development project. At the time the developer, R.C. Peninsula Park, LLC, intended to construct 796 multi-family residential units, 10,000 square feet of retail space, and a 200 room hotel. The Development Agreement sets forth rights, terms, and conditions for development of the project as described in the Precise Plan. On July 20, 2010, R.C. Peninsula Park LLC presented a revised project to the Planning Commission, reducing the size of the residential development to 231 units, 10,000 square feet of retail, and a 200 room hotel. The reduction of residential units required a revision to the development agreement and on September 13, 2010, Amendment No. 1 of the Development Agreement with R.C. Peninsula Park, LLC was approved by the City Council. ANALYSIS The Development Agreement required the developer to make street and other related improvements including grading, drainage, paving, water, sewer, landscaping and landscape irrigation. These improvements support the new 231 unit project, as well as future projects that may be developed later on Bair Island Road. Phase I of the improvements, which included approximately 1,000 feet of Bair Island Road, was completed in late 2011 and accepted by City Council on February 17, 2012.