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HomeMy WebLinkAboutMINUTES - 07212009 - C.129RECOMMENDATION(S): APPROVE and AUTHORIZE the Redevelopment Director to execute a Third Amendment to the Design and Construction Agreement among the Contra Costa County Redevelopment Agency, Pleasant Hill Transit Village Associates, LLC, PHVP I, LP, and the San Francisco Bay Area Rapid Transit District for implementation of the Pleasant Hill BART Station Parking Garage Improvements (100% Redevelopment Agency Funds, Contra Costa Centre area) FISCAL IMPACT: No General Funds are involved. Redevelopment Agency funding from the Contra Costa Centre Redevelopment Project Area have been budgeted for this purpose. The proposed amendment does not have a financial impact to the Agency. BACKGROUND: In December, 2005 the Redevelopment Agency entered into a Design and Construction Agreement with the Developer Partnership to build the BART Transit Village (Pleasant Hill Transit Village Associates, LLC, a Delaware limited liability company, and PHVP I, LP, a Delaware limited partnership). The Design and Construction Agreement provided for, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/21/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jim Kennedy, 335-7225 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 21, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.129 To: From:Jim Kennedy, County Redevelopment Director Date:July 21, 2009 Contra Costa County Subject:Third Amendment - Design & Construction Agreement, BART Parking Garage, Contra Costa Centre among other things, the BACKGROUND: (CONT'D) Developer Partnership to construct the BART Replacement Parking Garage. The garage was completed and opened for occupancy on June 28, 2008. A Certificate of Substantial Completion was issued at the time, which Certificate listed a series of punch list items still to be corrected or completed prior to issuance of a Certificate of Final Completion. Most of the punch list items have been completed except for a few that are more appropriately completed as part of the Transit Village construction program. The purpose of the Third Amendmet to the Design and Construction Agreement is to shift these deferred punch list items as an obligation of the Developer under the Placemaking Infrastructure Program within the Design and Construction Agreement. This will permit BART to fully accept the BART Parking Structure, and permit the Developer to achieve a release on Completion Guaranty's associated with the Parking Structure. The Developer continues to have a Completion Guaranty for the Placemaking Infrastructure.