HomeMy WebLinkAbout1990-285
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RESOLUTION NO. 90-285
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND CENTURY HOMES COMMUNITIES FOR DEDICATION OF LAND AND
IMPROVEMENTS FOR PUBLIC PARK AND RECREATION PURPOSES TO THE CITY
IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for, and on behalf of,
said City an Agreement with Century Homes Communities for
dedication of land and improvements to the City in lieu of
payment of Park Construction Fees; a copy of said Agreement is
attached hereto as Exhibit "A" and incorporated herein by
reference as though fully set forth at length.
SECTION 2.
The authorization to execute the above-
referenced Agreement is rescinded if the parties to the
Agreement fail to execute it within sixty (60) days of the
passage of this Resolution.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 2nd
day of July
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, 1990, by the following vote, to wit:
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JFWlbg [CHC.Res]
June 27, 1990
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
2 AND CENTURY HOMES COMMUNITIES FOR DEDICATION OF LAND AND
IMPROVEMENTS FOR PUBLIC PARK AND RECREATION PURPOSES TO THE CITY
3 IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES.
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Council Members:
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
L-I i;/JZ'l{,j) 7~~ iJl~
C3}y Clerk / ., ct
The foregoing Resolution is hereby approved scl_ day
of
July
, 1990.
W.
Cit
I
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: (k~~ 1.l-wI/1-"--
o
JFW/bg [CHC.Res]
June 27, 1990
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AGREEMENT
DEDICATION OF LAND AND IMPROVEMENTS FOR PUBLIC PARK AND
RECREATION PURPOSES TO THE CITY IN LIEU OF PAYMENT OF PARK
CONSTRUCTION FEES.
day
THI~ A~REEMENT is
of.
SAN
entered into as of this (/~L
<}ZJ
l~ by and between the CITY OF
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BERNARDINO:
and CENTURY HOMES COMMUNITIES ("CHC").
RECITALS
A.
WHEREAS, CITY may, pursuant to Section 15.56.080 of
10 the CITY Municipal Code, grant credits for land and improvements
11 which are dedicated in fee to public recreation and park purposes
12 in lieu of payment of Park Construction Fees; and
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B.
WHEREAS, CHC .has formally requested that it be allowed
14 to dedicate in fee to public park and recreation purposes, land
15 and improvements in lieu of paying Park Construction Fees for
16 development of Tracts #14110 and #14319; and
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C.
WHEREAS, the CITY and CHC desire to enter into an
18 agreement for the dedication in fee of certain real property
19 located in the vicinity of Harwick Drive and weir Road, in the
20 Whispering Glen residential housing development, hereinafter
21 described as Lot A, Tract #14110 (See Attachment A); and
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WHEREAS, it is mutually beneficial to the parties
D.
23 hereto that CHC dedicate in fee to public park and recreation
24 purposes said property which has been developed into a 3.24 acre
25 park consisting of land and improvements as reflected in
26 Attachment B hereto; and
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JFW/bg [CHC.Agr]
June 27, 1990
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E.
WHEREAS, the parties contemplate the performance of
2 this Agreement under the provisions of Section 15.56.080 of the
3 CITY Municipal Code; and
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F.
WHEREAS, as required by said Municipal Code, Section
5 15.56.080, the CITY Planning Commission, at their March 20, 1990,
6 meeting, certified that said development of the property to be
7 dedicated in fee to public parks and recreation purposes meets
8 the requirements of the park and recreation elements of the
9 CITY'S General Plan.
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NOW THEREFORE, in consideration of the mutual covenants
11 contained herein, the parties do hereby agree as follows:
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1. For purposes of the provisions of the deed from CHC to
13 CITY for that portion of property developed for park and
14 recreational purposes, all development improvements to said land
15 made by CHC shall be deemed improvements made pursuant to a plan
16 approved by the CITY.
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2.
CHC agrees to furnish "as-built" drawings for the
18 completed project which shall be delivered to CITY within 30 days
19 after execution of this Agreement.
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a)
CITY reserves the right, in addition to any other
right it may have, to inspect the work of the
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development to determine that CITY'S interests have
been met in accordance with this Agreement.
b) Upon determination that all work and installation
of materials and equipment has been completed as
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prescribed in the approved plan, and upon receipt of
the "as-built" drawings for the completed project, the
Director of Parks, Recreation and Community Services
JFW/bg [CHC.Agr]
June 27, 1990
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Department shall recommend acceptance by CITY of the
grant deed for the property and improvements as
specified herein.
4.
Tracts #14110 and #14319 have a total of 111 lots
a)
for construction of residential dwelling units. This
equates to $109,558.66 Park Construction Fees for the
two tracts.
As of date of this Agreement, CHC has
paid a total of $80,353.20 for development of 81
dwelling units.
b)
CITY agrees to reimburse CHC for Park
Construction Fees paid over to CITY in the amount of
$80,353.20.
Said fees shall be reimbursed within
thirty (30) days following date of acceptance by the
CITY of the grant deed for real property and
improvements dedicated by CHC in fee for public park
and recreation purposes.
c)
In addition to the reimbursement set forth
immediately above, CITY agrees to waive the payment of
further Park Construction Fees in the amount of
$29,205.46.
Effective as of the date of this
Agreement, CHC shall not be required as a condition of
the issuance of building permits to pay over to the
CITY the fees assessed pursuant to construction of the
thirty (30) remaining dwelling units.
However, a
complete waiver shall not be effective until date of
acceptance by the CITY of the grant deed pursuant to
the dedication of the real property and improvements
by CHC.
JFW/bg [CHC.Agr]
June 27, 1990
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5.
CHC hereby waives all claims and recourse against CITY
2 including any right to contribution for loss or damage to persons
3 or property arising from, growing out of, or in any way connected
4 with or incident to dedication of land and improvements under
5 this Agreement.
6 CHC shall, to the extent it may legally do so, indemnify,
hold harmless, and defend CITY and its officers, agents, and
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employees against any and all claims, demands, damages, costs,
expenses, or liabilities arising out of the development or
construction of Lot A, Tract #14110.
6.
This Agreement represents the entire Agreement between
the parties hereto and amendments and/or addendums shall be made
in writing between the parties and attached to the Agreement.
7.
Any notice, demand, or request required or authorized
by this Agreement to be given or made to or upon CITY shall be
deemed properly given if delivered by mail to the Director of
Parks, Recreation and Community Services Department, 547 North
Sierra Way, San Bernardino, California 92401.
The notice, demand, or request required or authorized by
20 this Agreement to be made to or upon CHC shall be deemed properly
21 given or made if delivered by mail to Mr. Bob Diehl, CENTURY
22 HOMES COMMUNITIES, P.O. Box 8110, San Bernardino, California
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92412.
The address to which any notice, demand, or request is to
be mailed may be changed at any time by notice given in the same
manner as provided in this article for other notices.
Nothing
27 herein shall preclude the giving of notice by personal service.
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JFW/bg [CHC.Agr]
June 27, 1990
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DEDICATION OF LAND AND IMPROVEMENTS FOR PUBLIC PARK AND
RECREATION PURPOSES TO THE CITY IN LIEU OF PAYMENT OF PARK
CONSTRUCTION FEES.
IN WITNESS WHEREOF, the parties have executed this
instrument upon the date first hereinabove appearing.
ATTEST:
CITY OF SAN BERNARDI~)
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(//u, .. ,p4""
~u-c..<:t1(.~{_ Cf'(e-<.-
City Clerk
-Ii< /I&:!uJ.Au<ZJ2
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Approved as to form
and legal content:
0/1/HZ. .
By:U-J~
?:-1'~G)
SENIOR VICE PRESIDENT ,1tEGII NAL DIVISIONS
JAMES F. PENMAN,
City Attorney
'~ 1a_"
JFW/bg [CHC.Agr]
June 27, 1990
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LOT A (3.24 ACRES)
(OPEN SF ACE' Ter ' BE DEDICATED
TO CITY PARKS DEPT.)
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