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Home My WebLink About54-Parks and Recreation ~I;'~ OF SAN BERrRRDINO " .,: '.......,. ..".' . .;;Jci. - REQU.ST~R cCMlN01LACTION ' From: Annie F. Ramos, DirectorR ~ ", Subject: APPROVAL OF REUmURSEMENT OF PARK Clo u.-MNI:I. Of DEVELOPMENT FEES I~ THE I'fo1QUNT OF Parks, Recreation & COmmuDJ~~ Services F. $31,750 TO ROBERTSON~MES. DEVELOPER ,:.J 11.IY 2'; ,~.'! 9' 3? OF INDIAN CREEK PROJ~CT, nNTATIVE May 23, 1988 - TRACT NO. 12896. . . Dept: Date: Synopsis of Previous Council ection: -=r1Cif Apri 1 1, 1985 - Adopted Reso 1 ut i on 85-123 authori zing the executionl1'fiVl agreement among the City of San Bernardino, the Re4.velo~nt Agency of the City of San 8ernardino and Pacer University Associates relating to Tentative Tract No. 12896, State College Area. Recommended motion: That the reimbursement of Park Development Fees in the amount of $31,750 to Robertson Homes, Developer of the Indian Creek Project, Tentative Tract No. 12896, be approved. Copies to: City Administrator Executive Director, RDA Director of Planning Director of Finance d.:t 7: ,elr~ . gnature Contect penon: Annie F. Ramos Phone: 503Q 5 Supporting de.. .Ueched: Staff Report Ward: FUNDING REQUIREMENTS: Amount: $31,750 Source: (ACCT. NO.) 243-000-41732 (ACCT. DESCRIPTION) Flnence:_t,U,J .JJI" Council Note.: A ___....1_ 1..___ ..._ -~~ 'CI~~ OF SAN _Rr&RDINO - RBQU.ST ~ COUNCIL ACTION APPROVAL OF REIMBURSEMENT OF PARK STAFF REPORT DEVELOPMENT FEES IN THE AMOUNT OF $31,750 TO ROBERTSON HOMES, DEVELOPER OF INDIAN CREEK PROJECT, TENTATIVE TRACT NO. 12896. Robertson Homes, the successor to Pacer University Associates, the deve10per of Ten- tative Tract No. 12896, has requested reimbursement of Park Development Fees in the amount of $31,750. This request is predicated on an agreement bet~en the City, RDA and the developer to accept dedicated landscape improvements in lieu..of fees. Background The City of San 8ernardino and the City Redevelopment Agency entered into an agreement with Pacer University Associates for the development of Tentative Tract No. 12896. Under the terms of the agreement, the agreement was transferable by the owner to any person or entity to whom entire ownership of the project may be transferred. Robertson Homes is a transferree of the property and of the agreement from Pacer University Associates. In February 1986, Robertson Homes sought and received from the City Attorney's Office the following interpretation of Section 4 of the aforementioned agreement which deals with park and recreation fees: "You inquired concerning that sentence in Section 4 of the agreement which reads as follows: "All park and recreation fees assessed against the Owner by the City shall be contributed by City toward the cost of landscaping said site." As I advised you, the phrase "said site" referred to the 6.1 acre site to the east owned by Southern California e:discm Company, which Pacer, or its successor in interest, was'tO landscape. You inquired whether the sentence quoted provides for a waiver of park and recreation fees. It is my interpretation that it does not; I believe the agreement contemplates that the park and rec- reation fees should be paid, and, after the landscaping of the 6.1 acre site has been completed, and after approval by the Director of Parks, Recreation and Community Services, invoices for the landscaping work should be submitted by Pacer or its successor in interest to the City. The City, under the agreement, should reimburse Pacer, or its successor in interest for the landscaping costs, up to the amount of park and recreation fees assessed for Tentative Tract No. 12896." Subsequent to the above interpretation, Robertson Homes paid fees for their Indian Creek project, a phase of the development of Tract No. 12896, which included $31,750 for Park Development Fees. (see attachment #1, Listing of Fees Paid) 5/23/88 75-0264 . o o APPROVAL OF REIMBURSEMENT OF PARK DEVELOPMENT FEES IN THE AMOUNT OF $31,750 TO ROBERTSON HOMES, DEVELOPER OF INDIAN CREEK PROJECT, TENTATIVE TRACT NO. 12896. Page 2 Section 15.56.080, City Municipal Code provides for the dedication of land and improvements in lieu of payment of fees. The dedicated land to be eligible for credit must be certified by the City Planning Commission as meeting the require- ment of the master plan of the City. Paragraph A of the above cited agreement indicates that the project "is consistent with the General Plan of the City of San Bernardino and with the zoning requirements of the City of San Bernardino." Robertson Homes has landscaped the 6.1 acres stipulated in the """'i\1l!nt and is currently maintaining the property as required. The landscapearid1t'1"1gatton system was completed at a cost of $59,000. (See attachment #2, A cost breakout for construction at Indian Creek Project.) The landscaping and irrigation system received a final inspection on February 26, 1987 at which time the seven (7) year maintenance period for the 6.1 acres by Robertson Homes began. Thus, the seven year maintenance period will end on February 26, 1994. (see attachment #3, copy of Certificate of Occupancy for Indian Creek Project.) Conclusion and Recommendation Robertson Homes has met their obligation for installing landsc~ping and an irriga- tion system on the 6.1 acre Edison easement in the Indian CreeR phase of develop- ment of Tentative Tract No. 12896. The costs of landscape construction have exceeded the amount of fees paid. The project has been inspected by the staff of Parks, Recreation and Community Services Department and meets the standards and requirements set forth by the City for projects of this type. Robertson Homes is currently maintaining the property as required by the agreement and is obligated to do so until February 26, 1994 at which time responsibility for maintenance will be assumed by the City Parks, Recreation and Community Services Department. Robertson Homes has met the requirements of the agreement and, therefore, it is recommended that the Mayor and Common Council approve the reimbursement of $31,750 in Park Development Fees previously paid by Robertson Homes for the Indian Creek Project. May 23, 1988 .. "'0'- -~ .:.... . .i/ . ~-.. ~~OVED .V;f" 1IG01/6-I3 DATEc.p~ CHECK , . tt- '" - ~CA~ I I : "Building P.r.ita $ 28,837.26 Mechanical 20,583.72 (Plu.bing, M.chanical, El.ctrical) /strong Motion 684.12 /park .... 31,150.00'" /Stor. Drain 19,,"5.'2 s.w.r Conn.ction 18,130.00 ~Plan Ch.ck Balanc. 20,157.06 ,. 7O'1'AL ' $1",618.68 (p.yabl. in on. check to ::- ....-.. the City of S.n Bernardino) The following ia the aew.r capacity fe., payabl. in on. check to S.n B.rnardino Municipal M.ter ~part.entl I'. , j ~l s.wer Cap.city .e. $117,630.00 'the following 1a the ,an BunncUno Unified School Dbtrict fee, payable ia on. ch.ck to Ian ..rnardino Unifi.d School Diatrict: Isaa "CAudiDo Unifi.d' ~43,662.00 School Diatrlct . .-.-..- r.. '.;..~'" /11I'/ . . o WlftlULIIIIWI_ - o.k ....... ....... CIIItlhflla ... "** (7M) lit....., . .0 May 28, 1987 Robertson Homes 1003 Cooley Drive Colton, CA 92324 Attn: Ross Sylvester Re : Indian Creek WLC 174-614 Dear Ross: Per your request, the approximate cost to. install the landscape and irrigation system in the Edison easement area at the above referenced project is approximately $59,000.00. The cost breakdown is as follows: Contract Amount $334,524.00 $275,524.00 $ 59,000.00 Apartment Project Cost Edison Easement Cost If you have any questions, please do not hesitate to call. Sincerely, WESTERN ~DSCAPE CONSTRUCTION d --=-.-s CHUCK fij&y--~ SUPERINTENDENT CT:ev . "_fII III .. .- . b.. lie. ~. . , , .4.:,.., o 0 ; 'i Ii!_ I ~ · , ~ :I! 'jl!1 : II; '1:1 :, Iii .t I I... 8;ti ~ 11:01- . g elM I . ... , iB10riil \ J I I; 11-- I ., 1f;lfJ, ~ rJ~ J ~ IIi Ill) ~ lug . \10 ~ Ii ~ ~ .. J I 0".: J ! rI '. ..... ..\;;.~ A1CI'.3