HomeMy WebLinkAbout54-Parks & Recreation
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CI~~OF SAN BERNARDI~~EQQ:ST FOR COUNCIL A~ION
From:
Annie F. Ramo~, Director
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CREDITS FOR LAND AND IMPROVEMENTS
DEDICATION IN LIEU OF PAYMENT OF PARK
C\ CONSTRUCTION FEES/CENTURY HOMES COM-
MUNITY/TRACTS 14110 AND 14319 AND
REIMBURSEMENT OF PREVIOUSLY PAID FEES.
Dept:
Parks, Recreation & Community ~er.yjce~
\S~U h~.l - 1
Date:
May 1, 1990
Synopsis of Previous Council action:
None.
Recommended motion:
1.
That Century Homes Communities request for credits for land and improve-
ments dedication in lieu of payment of Park Construction fees for Tracts
14110 and 14319 be approved contingent upon the execution of an agreement
setting forth those conditions by which the park will be built and that
the Director of Parks, Recreation and Community Services be directed to
prepare said agreement for approval/execution by the City and Century Homes.
2.
That the reimbursement to Century Homes Communities of previously paid
Park Construction Fees in the amount of $80,353.20 be approved upon the
execution of the agreement to dedicate an improved park facility for
Tracts 14110 and 14319.
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Signature
Contect person: Annie F. Ramos Phone: 5030
Supporting dete eueched: Staff Report Werd: .3-
FUNDING REQUIREMENTS: Amount: N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Council Notel:
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Agenda Item No.
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CI~~OF SAN BERNARDINbJ - REQWST FOR COUNCIL Aet-ION
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CREDITS FOR LAND AND IMPROVE- STAFF REPORT
MENTS DEDICATION IN LIEU OF
PAYMENT OF PARK CONSTRUCTION
FEES/CENTURY HOMES COMMUNITIES/
TRACTS 14110 AND 14319 AND
REIMBURSEMENT OF PREVIOUSLY
PAID FEES.
Century Homes Communities, the developers of Whispering Glen,
a residential housing area located in the vicinity of Harwick
Drive and Weir Road in south San Bernardino, has requested
that in lieu of payment of Park Construction Fees for Tracts
14110 and 14319, they be allowed to develop and dedicate a
3.24 acre park. The park would be located directly across
Harwick Drive from Colony Park, a 3.4 acre site which has a
lighted ballfield, restroom, picnic tables and a parking lot.
Municipal Code, section 15.56.080 provides that the Mayor and
Common Council may grant credit for land and improvements
which are dedicated in fee to public recreation and park
purposes. These dedicated lands must be certified by the
Planning Commission as meeting the requirements of the park
and recreation elements of the master plan of the City. The
Planning commission made this certification at their March 20,
1990 meeting with the condition that the Department Staff,
Planning Staff and Developer work together for a solution to
assure the safety of the children playing in the park, from
traffic on Harwick Drive. The Park and Recreation Commission
discussed this park dedication at their March 1990 meeting and
made a motion to recommend that the Mayor and Common Council
approve credits for land and improvements dedication in lieu
of payment of Park Construction Fees.
Century Homes Communities has prepared a development plan
which meets with City requirements. See attached plan narra-
tive. Even though that part of the park is only 3.24 acres,
it is adjacent to our present Colony Park and will make a
total park development of 6.64 acres. City prefers park
developments of at least 5 acres. The additional 3.24 acres
will provide the much needed open space for a children's play
lot and for picnicking facilities which are not available in
the current ballfield oriented park. The resulting 6.64 acre
park, with the development as planned by Century Homes Commun-
ities, will provide a well rounded neighborhood park for the
residents of the surrounding community.
Based on current information provided by Planning and Building
Services Department, the Park Construction Fees for the
century Homes Communities development would be $101,368. For
the City to purchase the land and develop the park as
currently planned by Century Homes Communities, the costs
would be approximately $283,458. The development of the park
would include grading, concrete walkways, benches, tot lot,
landscaping, irrigation system and security lighting.
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Therefore, because the addition of 3.24 acres adjacent to our
current Colony Park will result in a fully developed park
environment of 6.64 acres, and because the development costs
and plans meet the requirements of the City master plan and
Municipal code, it is recommended that Century Homes Communi-
ties be allowed to dedicate a fully developed park in lieu of
payment of Park Construction Fees.
with the approval of the land and park dedication, Century
Homes Communities should be reimbursed for previously paid
Park Construction Fees in the amount of $80,353.20. These
Park Construction Fees were paid when the permits were pulled
for the development of Phases I, II, and III, consisting of 81
homes.
May 1, 1990
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RECEIVEr:,..)
JAN 17 1990
PK.. REC. & r.OMM. SVC.
January 16, 1990
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City of San Bemardino
Parks & Recreation Department
Annie RaIIIos, Director
547 H. Sierra Way
San Bernardino, CA 92401
Subject. 'l'racts 14110 & 14319 (Whispering Glen)
Parks & Recreation lees
Dear Ms. Ramos.
During our last meeting we discussed crediting the cost of the proposal park site
improvements ('l'ract 14110 Lot A) toward the City Parks & Recreation fee that is
required when house building permits are applied for. 'l'he following is a SIJIIIIIarY
of what the costs will be for improving the park site (based upon actual aonies
spent to date or signed contracts for work in progress).
A. 'Land purchase price S52,075/AC 3.24 acres . S168,723
B. Rough & finish grading . 4,290
C. Concrete sidewalks . 24,477
D. Park benches . 5,570
E. 'l'ot lot sand & gravel drainage sump . 8,500
l. Landscaping & irrigation system . 58,568
G. Water meter & electrical service pedestal . 7,080
H. Consultantsl Landscape Architect, Civil
& So~ls Engineers . 6,250
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S283,458
As previously stated the house building permits were issued for phase I of this
Development (28 houses) on Hovellber 22, 1989. A Parks & Recreation fee of
S27718.93 (receipts enclosed) was paid at that tiIIe. As stated above the total
improvement cost for the Park site is S283,458, this cost will by far exceed the
City Parks & Recreation fee requirement (111 lots approx. average per lot S990
. S109,890).
Century Homes is hereby respectfully requesting rei.lllbursement of the Parks &
recreation fees paid and that the remaining fees be waived for the balance of
this Development. Again the basis for this request is compliance with the City
Municipal Codes by the dedication of an improved Park site in lieu of the
contribution of fees toward future sites to be developed by the City.
Respectfully,
~ o:Jl
Bob Diehl
Project Director
CEH'1'llRY HOMES COMHUHI'l'IES
BD/db
P.O.Oox6110 . Son Dernordino. CA92412
6667 AirporrDlive. Building 100 . Riverside. CA92504
1 (600) BlIY-CENlURY (714)354-7511 (714)370-3001 FA)t 354-0347
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April 30, '890
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Olty Or San Bernardino
Marshall Julian, City Administrator
300 North "0" Str.et
San Bornardlno, CA 824'8
Subject: Tract. 14110 & 14318 (Whispering Glen) Parks & Recreation Fees
Dear Mr. .Julian:
This letter Is Intended to clarify the amount paid by century Homes for the
City required Parka & Recreation fees for the above-referenced Development.
Phase I (28 houses)
Phase II (23 houses)
Phaso III (30 houses)
$27,7'8.'3 paid 11-22-88
$23,080.68 paid 0'-26-80
$29,573.39 paid 03-15-90
The total l/llOunt being requested for relmburseIllllnt la $80,353.20. Again
Century Homos 18 hereby requesting the Parks & Recreation fees that have been
paid to be reimbursed. The basis for this request Is the dedication and
Improvement of a public park slte In lieu of tho payment of fees.
If any additional Information Is required please contact me at your
convenience.
sincerely,
~{\;'1J.
Bob Diehl
Project Director
Century Homes Communities
00: Tom Boggs/Parks & Recreat ion Department
P,O llooc 8110 . San o.rnordlno. CA Q2J\ 12
1535 5or..ch "D" Sf_ . Sm Dcrnord,no. CA 92406
(714) 31OJOOl . (714) 381 ()()()7 . FAA (714) 381 0885
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RESOLUTION NO.
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.
NOW, THEREFORE, 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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the following vote, to wit:
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RE: AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTURY
HOMES COMMUNITIES.
COUNCIL MEMBERS:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
, 1990.
w. R. Holcomb, Mayor
city of San Bernardino
James F. Penman,
City Attorney
By:~fiL4~
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5/31/90
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1 A G R E E MEN T
2 DEDICATION OF LAND AND IMPROVEMENTS FOR PUBLIC PARK
AND RECREATION PURPOSES TO THE CITY IN LIEU OF PAYMENT OF PARK
3 CONSTRUCTION FEES.
4
5 day of
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THIS AGREEMENT, made and entered into this
by and between the City of
, 1990,
San
Bernardino (City) and Century Homes Communities (CHC);
WIT N E SSE T H:
pursuant to Section
WHEREAS, City
15.56.080 of
may,
Municipal
credits
the
City
for
land
and
code,
grant
dedicated in fee to
public recreation
improvements which are
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and park purposes in lieu of payment of Park Construction
12
Fees; and
13
WHEREAS, CHC has formally, requested that it be
14 allowed to dedicate in fee to public park and recreation
15
purposes, land
16
paying
improvements in
lieu of
Park
and
#14110
and
for development
of Tracts
Construction
Fees
17 #14319: and
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into
CHC desire
to enter
WHEREAS, the City and
an
19 agreement for the dedication in
20
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fee of
certain real property
located in the vicinity of Harwick Drive and Weir Road, in the
development,
hereinafter
Whispering Glen residential housing
22 described as Lot A, Tract #14110 (See Attachment A): and
23
WHEREAS ,
it
mutually beneficial
the parties
is
to
24 hereto that CHC dedicate in fee to public park and recreation
25 purposes said property which has been developed into a 3.24
26 acre park consisting of land and improvements as reflected in
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5/31/90
ttachment B hereto; and
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1 WHEREAS, the parties contemplate the performance of
2 this agreement under the provisions of section 15.56.080 of
3 the city Municipal Code: and
4 WHEREAS, as required said Municipal Code, Section
5 15.56.080, the City Planning Commission, at their March 20,
6 1990 meeting, certified that said development of the property
7 to be dedicated in fee to public parks and recreation purposes
8 meets the requirements of the park and recreation elements of
9 the City's General Plan.
10 NOW, THEREFORE, in consideration of the mutual
11 covenants contained herein, the parties do hereby agree as
12 follows:
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1. For purposes of the provisions of the deed from
CHC to City for that portion of property developed for park
and recreational purposes, all development improvements to
said land, made by CHC, shall be deemed improvements made
pursuant to a plan approved by the City.
2. CHC agrees to furnish "as-built" drawings for the
completed project which shall be delivered to City within 30
days after execution of this agreement.
3. City reserves the right, in addition to any other
right it may have, to inspect the work of the development to
determine that city's interests have been met in accordance
with this agreement. Upon determination that all work and
installation of materials and equipment has been completed as
prescribed in the approved plan, and upon receipt of the "as
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built" drawings for the completed project, the Director of
Parks, Recreation and Community Services Department shall
recommend acceptance by city of the grant deed for the
property and improvements as specified herein.
4. CHC has paid a total of $109,558.66 in Park
Construction Fees for the development of 111 residential
dwellings on Tracts *14110 and *14319. city agrees to
reimburse CHC for said Park Construction Fees previously paid
for development of said tracts upon acceptance by City of the
grant deed for property and improvements dedicated in fee for
public park and recreational purposes.
5. CHC hereby waives all claims and recourse against
City including any right to contribution for loss or damage to
persons or property arising from, growing out of, or in any
way connected with or incident to dedication of land and
improvements under this agreement.
CHC shall, to the extent it may legally do so
indemnify, hold harmless, and defend City and its officers,
agents, and employees against any and all claims, demands,
damages, costs, expenses, or liabilities arising out of the
development or construction of Lot A, Tract *14110.
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2 6. This agreement represents the entire agreement
3 between the parties hereto and amendments and/or addendums
4 shall be made in writing between the parties and attached to
5 the agreement.
6 7. Any notice, demand, or request required or
7 authorized by this agreement to be given or made to or upon
8 city shall be deemed properly given if delivered by mail to
9 the Director of Parks, Recreation and community Services
10 Department, 547 North Sierra Way, San Bernardino, California
11 92401-
12 The notice, demand, or request required or authorized
13 by this agreement to be made to or upon CHC shall be deemed
14 properly given or made if delivered by mail to Mr. Bob Diehl,
15 century Home Communities, P.O. Box 8110, San Bernardino, CA
16 92412.
17 The address to which any notice, demand, or request is
18 to be mailed may be changed at anytime by notice given in the
19 same manner as provided in this article for other notices.
20 Nothing herein shall preclude the giving of notice by personal
21 service.
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IN WITNESS WHEREOF, the parties have executed this
instrument upon the date first hereinabove appearing.
ATTEST:
CITY OF SAN BERNARDINO
W.R. Holcomb, Mayor
City of San Bernardino
City Clerk
Apprcved as to form and
legal content:
CENTURY HOMES COMMUNITIES
JAMES F. PENMAN,
City Attorney
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By:
Title:
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2 DEDICATION OF LAND AND IMPROVEMENTS FOR PUBLIC PARK
AND RECREATION PURPOSES TO THE CITY IN LIEU OF PAYMENT OF PARK
3 CONSTRUCTION FEES.
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AGREEMENT
THIS AGREEMENT, made and entered into this
day of
by and between the City of
, 1990,
San
Bernardino (City) and Century Homes Communities (CHC);
WIT N E SSE T H:
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WHEREAS, city
pursuant to Section
may,
15.56.080 of
the
City
Municipal
Code,
grant
credits
for
land
and
improvements which are
dedicated in fee to
public recreation
11
and park
12
purposes in lieu
of payment
of
Park
Construction
Fees; and
13
14 allowed
WHEREAS, CHC
has formally, requested that it be
in fee to public park and recreation
to dedicate
15 purposes, land
16
17
improvements in
and
lieu of
paying
#14110
Park
Construction
Fees
for development
of Tracts
and
#14319; and
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WHEREAS, the city and CHC desire to enter into an
agreement for the dedication in fee of certain real property
located in the vicinity of Harwick Drive and Weir Road, in the
Whispering Glen residential housing development, hereinafter
described as Lot A, Tract 114110 (see Attachment A); and
WHEREAS, it is mutually beneficial to the parties
hereto that CHC dedicate in fee to public park and recreation
urposes said property which has been developed into a 3.24
acre park consisting of land and improvements as reflected in
ttachment B hereto; and
5/31/90
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EXHIBIT A
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1 WHEREAS, the parties contemplate the performance of
2 this agreement under the provisions of section 15.56.080 of
3 the city Municipal Code; and
4 WHEREAS, as required said Municipal Code, Section
5 15.56.080, the City Planning Commission, at their March 20,
6 1990 meeting, certified that said development of the property
7 to be dedicated in fee to public parka and recreation purposes
8 meets the requirements of the park and recreation elements of
9 the City's General Plan.
10 NOW, THEREFORE, in consideration of the mutual
11 covenants contained herein, the parties do hereby agree as
12 follows:
13 1. For purposes of the provisions of the deed from
14 CHC to City for that portion of property developed for park
15 and recreational purposes, all development improvements to
16 said land, made by CHC, shall be deemed improvements made
17 pursuant to a plan approved by the City.
18 2. CHC agrees to furnish "as-built" drawings for the
19 completed project which shall be delivered to city within 30
20 days after execution of this agreement.
21 3. city reserves the right, in addition to any other
22 right it may have, to inspect the work of the development to
23 determine that City's interests have been met in accordance
24 with this agreement. Upon determination that all work and
25 installation of materials and equipment has been completed as
26 prescribed in the approved plan, and upon receipt of the "as
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built" drawings for the completed project, the Director of
Parks, ReCreation and community Services Department shall
recommend acceptance by city of the grant deed for the
property and improvements as specified herein.
4. CHC has paid a total of $109,558.66 in Park
Construction Fees for the development of 111 residential
dwellings on Tracts '14110 and '14319. City agrees to
reimburseCHC for said Park Construction Fees previously paid
for development of said tracts upon acceptance by City of the
grant deed for property and improvements dedicated in fee for
public park and recreational purposes.
5. CHC hereby waives all claims and recourse against
City including any right to contribution for loss or damage to
persons or property arising from, growing out of, or in any
15 way connected with or incident to dedication of land and
16 improvements under this agreement.
17 CHC shall, to the extent it may legally do so
18 indemnify, hold harmless, and defend city and its officers,
19 agents, and employees against any and all claims, demands,
20 damages, costs, expenses, or liabilities arising out of the
21 development or construction of Lot A, Tract '14110.
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6. This aqreement represents the entire aqreement
between the parties hereto and amendments and/or addendums
shall be made in writinq between the parties and attached to
the agreement.
7. Any notice, demand, or request required or
authorized by this aqreement to be given or made to or upon
City shall be deemed properly given it 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 this aqreement to be made to or upon CHC shall be deemed
properly given or made it delivered by mail to Mr. Bob Diehl,
Century Home Communities, P.o. Box 8110, San Bernardino, CA
92412.
The address to which any notice, demand, or request is
to be mailed may be chanqed at anytime by notice qiven in the
same manner as provided in this article for other notices.
Nothinq herein shall preclude the givinq of notice by personal
service.
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IN WITNESS WHEREOF, the parties have executed this
inst~nt upon the date first hereinabove appearing.
ATTEST:
City Clerk
Approved as to form and
legal content:
James F. Penman
City Attorney
15 By
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5/31/90 -5-
City of San Bernardino
Annie F. Ramos, Director
Parks, Recreation and
Community Services
Department
century Homes Communities
By
Title
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/
~
N,(/" :
f
-'-
~