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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director
Subject: Resolution approving Amendment No. I to
Agreement with GFR Enterprises, Inc. for
the Dedication and Improvement of a 4-
Acre Park at the Southwest Comer of
Irvingron A venue and Chestnut A venue.
Dept:
Development Services
Date:
September 6. 2007
MCC Date: October 1,2007
Synopsis of Previous Council Action:
02-21-06 Resolution No. 2006-58 adopted approving an Agreement with GFR Enterprises. Inc.
for the dedication and improvement of a 4-acre park located on the southeast comer
of Irvington Avenue and Chestnut Avenue.
Recommended Motion:
Adopt Resolution.
~iv (/.l)4Y
Valerie C. Ross
5357
Contact Person:
Phone:
Valerie C. Ross
Supporting data attached:
Staff Report; Attachments;
Resolution & Agreement
Ward:
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FUNDING REQUIREMENTS:
Amount: ~ 7,0000
Source: Arrmmt Nn 7(iR-4RR_~~04_774R
Acct. Description: PR08-02 "Picnic Shelters at Ronald Reagan
Park"
Finance:
Council Notes:
10/1/ lYJ
Agenda Item No. I ~
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. I to Agreement with GFR Enterprises, Inc. for the
Dedication and Improvement of a 4-Acre Park at the Southwest Comer ofIrvington Avenue and
Chestnut Avenue.
Background:
On February 2 I, 2006, an agreement was approved with GFR Enterprises, Inc. for the dedication
and improvement of a 4-acre park located at the southwesterly comer of IrVington Avenue and
Chestnut Avenue, now known as President Ronald Reagan Park. The agreement authorized
development fee credits up to a maximum of $643,000, $143,000 of which was earmarked as
compensation for the property. The balance of the $500,000 in credits was to be applied to
improvements to the park, which included a vehicle parking lot, landscaping, irrigation, and
perimeter walls.
At the Mayor and Common Council meeting of August 6, 2007, the Director of Finance was
authorized to amend the FY 2007/2008 budget to add revenue and expenditure budgets for the
Development Impact Fee funds. This project was approved for funding through the AB 1600
Parkland and Open Space Acquisition and Park Improvement Fee fund.
In the interest of expediency, GFR Enterprises, Inc. is proposing to install picnic shelters at
Ronald Reagan Park in connection with the grading, landscaping and irrigation which has not yet
been started. GFR Enterprises, Inc. is requesting that the City agree to reimburse them the
amount of $215,039 to add the picnic shelters. Stafffeels this is a reasonable cost for the added
work and proposes that this cost be reimbursed from the project account for Project No. PR08-
02. Staff time for construction inspection, estimated to be $14,960, needs to be included in the
overall project budget for a total of $230,000.
Financial Impact:
The estimated cost of the picnic shelters is $230,000. Funding for this Amendment is available in
the FY 2007/08 budget in Account No. 268-488-5504-7748, "Installation of Picnic Shelters at
Ronald Reagan Park (PR08-02l."
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH
GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-
ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND
CHESTNUT A VENUE.
WHEREAS, on February 21,2006, the Mayor and Common Council adopted Resolution
No. 2D06-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and
improvement ofa 4-acre park at the southwest comer of Irvington Avenue and Chestnut Avenue;
and
WHEREAS, GFR Enterprises, Inc. has requested an Amendment to said Agreement in
order to be reimbursed for extra work at President Ronald Reagan Park that was requested by the
City but not included in the original Agreement.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute Amendment No. I to
said Agreement (see Exhibit "A" attached and incorporated herein) with GFR Enterprises, Inc.
for the dedication and improvement of a 4-acre park at the southwest comer of Irvington Avenue
and Chestnut Avenue. Such Agreement shall be effective only upon being fully executed by all
parties.
SECTION 2. This Agreement shall not take effect or become operative until fully
signed and executed by the parties and no party shall be obligated hereunder until the time of
such full execution. No oral agreement, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the Agreement fail to
execute it within sixty (60) days of the passage of the resolution.
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RESOLUTION ... APPROVING AMENDMENT NO.1 TO AGREEMENT WITH
2 GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-
3 ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND
CHESTNUT AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held
7 on the
day of
, 2007, by the following vote, to wit:
8 Council Members:
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AYES
NAYS
ABSTAIN ABSENT
ESTRADA
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BAXTER
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BRINKER
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13 DERRY
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KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
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EXHIBIT "A"
AMENDMENT NO.1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
This Amendment No. I to Park Dedication and Improvement Agreement ("Agreement") is
entered into effective , 2007 between the City of San Bernardino, a
Municipal Corporation and Charter City ("City") and GFR Enterprises, Inc., which together with
certain assignees and/or affiliated entities established for the express purpose of creating the
developments described in the original Agreement, or any of them (collectively and individually,
"Developer").
RECITALS
I. On February 21,2006, the Mayor and Common Council adopted Resolution No.
2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and
improvement of a 4-acre park at the southwest comer of Irvington Avenue and Chestnut Avenue.
2. GFR Enterprises, Inc. has requested an Amendment to said Agreement in order to
be reimbursed for installation of additional improvements, including picnic shelters, at President
Ronald Reagan Park that was requested by the City but not included in the original Agreement.
3. The reimbursement of cost of the installation of said additional improvements at
President Ronald Reagan Park is to be paid from the Parks Construction Fund and is included in
the FY 2007-2008 Capital Improvement Program as Project No. PR 08-02.
4. The City will benefit by reimbursing the Developer for installation of said
additional improvements at President Ronald Reagan Park rather than complete the said
additional improvements as a separate project, at some, yet to be determined, future date.
5. In the event that the City approves this Agreement, the City would reimburse
Developer $215,038.51 in return for installation of said additional improvements at President
Ronald Reagan Park.
OPERATIVE PROVISIONS
I. Section 2 of the Operative Provisions of said Park Dedication and Improvement Agreement
is amended to add that the Consultant shall also install said additional improvements at
President Ronald Reagan Park in accordance with specifications and designs previously
approved by the City.
006~~OOMI7212,1
EXHIBIT "A"
e 2. Section 3 of the Operative Provisions of said Agreement is amended to read as follows: The
improvements to the park site shall be coordinated with the City and completed prior to
December 31, 2008.
3. The following subsections are added to the Operative Provisions of said Agreement as
follows:
6(A) Reimbursements: In exchange for the design, installation, construction, and
completion of said additional improvements, the Developer shall be reimbursed $215,038.51
from Park Construction Funds which have been allocated in the City's 2007-2008 Capital
Improvement Program, provided the Developer has completed the improvements to the
satisfaction of the Director of Parks and Recreation and the City Engineer and in compliance
with the terms ofthis Agreement. In the event that Developer does not comply with the terms
e of this Agreement then the City shall not have any obligation to reimburse Developer. The
City shall make payment of reimbursements to the Developer within thirty (30) days after
City acceptance of said additional improvements.
6(B) Term of Reimbursement Obligation: The City's obligation, under this Agreement,
to reimburse Developer for the completion of said additional improvements shall continue for
a period of thirty (30) days from the completion of said additional improvements. After said
30 day period or reimbursement in full, whichever occurs first, the City's obligation to
reimburse the Developer shall terminate. In the event that Developer elects not to proceed
with said additional improvements, then Developer shall not be entitled to the reimbursement
described in this Agreement.
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EXHIBIT "A"
6(C)
Bids and Contracts: Developer shall be solely responsible for securing appropriate
bids and awarding the contract(s) for construction and installation of said additional
improvements in compliance with all applicable federal, state and local laws.
6(D) Inspection: The City shall have the right at all times to inspect the construction of
said additional improvements to determine compliance with approved City plans and
specifications, and standards of the City Engineer.
4. All other terms and conditions of said Agreement approved by Resolution No. 2006-58 shall
remain unchanged.
SIGNATURES FOLLOW
00628.0061l7212.1
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EXHIBIT "A"
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AMENDMENT NO.1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
ATTEST:
By:
Rachel Clark, City Clerk
e APPROVED AS TO FORM:
James F. Penman, City Attorney
By:
/' . A---v~
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DEVELOPER
GFR Enterprises, Inc.
By:
Name:
Title:
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00628.006/17212.1
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